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HomeMy WebLinkAbout_2005 04 25 City Commission Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING APRIL 25, 2005 CALL TO ORDER The Regular Meeting of Monday, April 25, 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, arrived at 6:35 p.m. Commissioner Robert S. Miller, absent 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, present With a moment of silence, Mayor Bush noted that Mr. Jerry Sturdevant, Maintenance Specialist, Public Works Department was recovering from knee surgery and wished him well. Mayor Bush then led the Pledge of Allegiance. Under “Agenda Changes,” Mayor Bush stated, “Number ‘203’ has been ‘Pulled’ at the request of the [City] Manager [Ronald W. McLemore], that’s on the Consent – and also Informational ‘301’, I am moving to the Regular Agenda and it will be our first Item.” Mayor Bush welcomed some visiting students from Rollins College who were in attendance. PUBLIC INPUT Ms. Retha Nance, 604 Fruitwood Avenue, Winter Springs, Florida: spoke of Fruitwood Park and suggested that this Park needs improvements. Deputy Mayor Michael S. Blake arrived at 6:35 p.m. Ms. Bonnie L. Sutliff, 1642 Eagle Nest Circle, Winter Springs, Florida: as a resident of the Glen Eagle subdivision, Ms. Sutliff proposed transferring a portion of ownership of Sam Smith Park to the neighboring Property Owners. CITY OF WINTERSPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – APRIL 25, 2005 PAGE 2 OF 22 In other City business, Mayor Bush stated, “This Saturday [April 30, 2005] is Arbor Day - starting at nine o’clock, Commissioners, if you are able to attend.” AWARDS AND PRESENTATIONS None. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS ARE DOCUMENTED, BUT NOT NECESSARILY IN THE ORDER THEY WERE DISCUSSED. CONSENT AGENDA CONSENT 200. Finance Department/Parks And Recreation Department Requesting That The City Commission Approve A Supplemental Appropriation From General Fund Reserves In The Amount Of $9,930.00 To Cover The Budget Short Fall For The Christmas Tree Lighting And Philharmonic Concert At The Park. Brief discussion. CONSENT 201. Parks And Recreation Department Requesting The City Commission To Accept The Proposal Of Pyrotecnico And Authorize The City Manager To Execute A Contract With The Approved Proposal For A Fireworks Display On July 3, 2005. Discussion ensued on decreasing sizes of some of the Fireworks and possibly using a barge. Mayor Bush stated, “Does the Commission want to explore looking into the ‘Barge’ business? Is the Consensus ‘Aye’ or ‘Nay’ on that? Putting the Fireworks display out on the ‘Barge’ in the lake?” Commissioner Joanne M. Krebs said, “No.” Commissioner Sally McGinnis said, “No. I am not.” Mayor Bush said, “The Consensus is ‘No’.” CITY OF WINTERSPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – APRIL 25, 2005 PAGE 3 OF 22 CONSENT 202. Parks And Recreation Department Requests The City Commission To Authorize The City Manager To Execute The 2005 Summer Camp Use Agreement Between The City Of Winter Springs And The Christian Church Of Winter Springs, DBA New Covenant Church Providing The City Of Winter Springs With An Appropriate Venue To Offer Its 2005 Summer Camp Program At The Church Facilities Upon The Terms And Condition Set Forth In The Proposed Agreement. This Agenda Item was not discussed. CONSENT 203. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs And Infinity Broadcasting For July 3, 2005, Sponsors, Vendors, And Promotion. As noted under “Agenda Changes”, this Agenda Item was “Pulled”. CONSENT 204. Parks And Recreation Department Requests Authorization To Accept The Proposal From A.R.C. Of Florida To Purchase And Install A Play Structure And Poured In Place Rubber Surfacing On The Central Winds Park Expansion. Brief discussion. Regarding other similar situations in the area, Mayor Bush said to the City Commission, “Do you want the Parks and Recreation [Department] to look into anything – going on in Osceola County with this?” Commissioner McGinnis said, “No.” Commissioner Krebs said, “No.” Commissioner Donald A. Gilmore said, “No.” CONSENT 205. Information Services Department Requests An Additional Appropriation In The Amount Of $1,800.00 To Install A Swipe Card System In Commission Chambers To Improve Security Of The Chambers. With discussion, Commissioner McGinnis said, “I have no problems with it.” Commissioner Krebs said, “No problems with it.” Mayor Bush said, “The Consensus is, that it is ‘Okay’.” Commissioner Gilmore said, “That is what I am saying.” CITY OF WINTERSPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – APRIL 25, 2005 PAGE 4 OF 22 CONSENT 206. Public Works Department – Urban Beautification Division Requesting Authorization To Enter Into A Contract Agreement For The Installation Of Landscaping And Irrigation For The Oak Forest Lighting And Beautification District Wall. No discussion. CONSENT 207. Public Works Department – Urban Beautification Division Requesting Authorization To Enter Into Two (2) Contract Agreements For Landscape Maintenance Services For The Tuscawilla Lighting And Beautification District. There was no discussion on this Agenda Item. CONSENT 208. Office Of The City Clerk Requesting Approval Of The April 11, 2005 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. CONSENT 209. Community Development Department Requests That The City Commission Consider A Wall Sign Proposed For Both The East (Tuskawilla Road) Side And West (Courtyard) Side Of Building Number 1 (Immediately North Of Barnie’s Coffee) Within The JDC Calhoun Town Center Site. Brief discussion. “MOTION TO APPROVE ‘CONSENT’.” MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. MAYOR BUSH SAID, “ITEM ‘203’ WAS PULLED OFF OF THAT.” COMMISSIONER KREBS SAID, “RIGHT.” DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTERSPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – APRIL 25, 2005 PAGE 5 OF 22 INFORMATIONAL AGENDA INFORMATIONAL 300.Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Mayor Bush said, “The issue with the City of Casselberry – it has not been resolved. They have not responded.” Manager McLemore said, “I’ll call the City Manager tomorrow and see what’s happening.” INFORMATIONAL 301. Parks And Recreation Department Wishes to Inform The City Commission Of The Fruitwood Park Area Survey Results And A Future Concept Plan And Cost. As noted under Agenda Changes, this Agenda Item was moved to the Regular Agenda. INFORMATIONAL 302. Parks And Recreation Department Wishes To Inform The City Commission About A Bike Rack That Is Shaped Like A Bicycle. No discussion. INFORMATIONAL 303. Public Works Department Advising The City Commission On Current Progress Of The Beautification Division. There was no discussion on this Agenda Item. INFORMATIONAL 304. Public Works Department Advising The City Commission Of The Status Of Various Capital Improvements Projects. Brief discussion. “MOVE TO APPROVE.” MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTERSPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – APRIL 25, 2005 PAGE 6 OF 22 MAYOR BUSH STATED, “TO APPROVE THE INFORMATIONAL AGENDA WITH THE EXCEPTION OF ITEM ‘301’.” VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400.Community Development Department – Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review Of Tuscawilla Town Square (Which Includes Tuscany Restaurant) Located At 1301 Winter Springs Boulevard At Northern Way And Gary Hillery Drive. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department briefly addressed the City Commission and stated, “Staff is recommending denial based on what they submitted because - the detailing that was included in the Conceptual Plan is not the same as what is being proposed now.” 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. Mr. Bill Starmer, Architect, Starmer, Ranaldi Planning and Architecture (sri), 890 Northern Way, Winter Springs, Florida: representing the Developer, Mr. Starmer distributed a ‘Submittal’. With further discussion, Ms. Sahlstrom said, “The ‘Submittal’ was in substantial deviation from what you were presented with initially.” Discussion ensued on the review process. CITY OF WINTERSPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – APRIL 25, 2005 PAGE 7 OF 22 “I MAKE A MOTION THAT WE POSTPONE THIS ITEM UNTIL THE NEXT REGULARLY SCHEDULED COMMISSION MEETING; WHICH WILL ALSO BE A PUBLIC HEARING ITEM. I WOULD EXPECT THAT WE WOULD TAPE ‘PUBLIC INPUT’ AT THAT POINT IN TIME AGAIN, AND THIS ANNOUNCEMENT AT THIS MEETING SHOULD ACT TO PRESERVE THE ADVERTISING.” MOTION BY DEPUTY MAYOR BLAKE. Tape 1/Side B SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Mr. Starmer asked, “If we are presenting at the next Regularly scheduled Board Meeting, will that give Staff the time to review and respond to it?” Manager McLemore said, “Yes.” PUBLIC HEARINGS 401. Community Development Department – Planning Division Requests The City Commission Hold A Public Hearing For First Reading And Transmittal Of Ordinance 2005-07, A Large-Scale Comprehensive Plan Amendment, Referenced As LS-CPA-05-05 Which Changes The Future Land Use Map Designation From “Office” (Seminole County) And “Commercial” (Seminole County) To “Town Center District” (Winter Springs) For Five (5) Parcels Containing 10.65 Acres, More Or Less, Located On The South Side Of SR (State Road) 434, At The Intersection Of Tuskawilla Road. Mayor Bush stated, “Do we have a Motion to read by ‘Title’ only?” “SO MOVED.” MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. CITY OF WINTERSPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – APRIL 25, 2005 PAGE 8 OF 22 City Attorney Anthony A. Garganese stated, “Item ‘401’, ‘403’ and ‘404’ are part of the City’s twice annual Comprehensive Planning cycle, so anyone who is going to speak tonight needs to fill out the ‘Form’.” 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. Ms. Sahlstrom introduced this Agenda Item. Discussion. “MOVE TO APPROVE [PUBLIC HEARINGS AGENDA] ITEM ‘401’.” MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH SAID, “MOVE TO SECOND READING?” COMMISSIONER McGINNIS REMARKED, “MOVE TO SECOND READING, YES.” DEPUTY MAYOR BLAKE SAID, “MOTION TO TRANSMIT, ISN’T IT?” MS. SAHLSTROM ALSO STATED, “YES.” DEPUTY MAYOR BLAKE ADDED, “WOULDN’T IT BE A MOTION TO TRANSMIT...” MS. SAHLSTROM SAID, “…MOTION TO TRANSMIT TO THE STATE.” COMMISSIONER McGINNIS NOTED, “SO MOVED.” SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS 402. Community Development Department – Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2005-08, Which Rezones 10.65 Acres, (More Or Less), From “A-1” Agricultural (Seminole County) To “Town Center” (City Of Winter Springs) For Five (5) Parcels Containing 10.65 Acres, More Or Less, Located On The South Side Of SR (State Road) 434, At The Intersection Of Tuskawilla Road. Mayor Bush stated, “May I have a Motion to read by ‘Title’ only?” CITY OF WINTERSPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – APRIL 25, 2005 PAGE 9 OF 22 Commissioner McGinnis left the dais at approximately 7:29 p.m. “SO MOVED.” MAYOR BUSH STATED, “MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER BLAKE.” DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE (VOICE VOTE AUDIBLE TO MAYOR BUSH, MEMBERS OF THE CITY COMMISSION, AND THE DEPUTY CITY CLERK) MOTION CARRIED. Attorney Garganese read Ordinance 2005-08 by “Title” only. Commissioner McGinnis returned to the dais at approximately 7:31 p.m. Ms. Sahlstrom addressed the City Commission 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. With discussion on the Land Owners, Deputy Mayor Blake stated, “I would think that if we have a letter in our files from the Attorney representing the Land Owner requesting this action, that that would be part of this file that comes before the Commission when they make a decision on it. I think that would be a very material fact. I would like to see that prior to our Second Hearing on this.” “MOTION TO MOVE TO SECOND READING.” MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. CITY OF WINTERSPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – APRIL 25, 2005 PAGE 10 OF 22 PUBLIC HEARINGS 403. Community Development Department – Planning Division Requests The City Commission Hold A Public Hearing For First Reading And Transmittal To Consider Ordinance 2005-11, A Large-Scale Comprehensive Plan Text Amendment, (Referenced As LS-CPA-05-06) Which Amends The Transportation Element And The Future Land Use Element. Mayor Bush stated, “Can we have a Motion to read by ‘Title’ only?” “SO MOVED.” MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by “Title” only. Ms. Sahlstrom noted her opening remarks. 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. “MOVE TO APPROVE.” MAYOR BUSH STATED, “MOVE TO APPROVE ITEM ‘403’ FOR FIRST READING AND TRANSMITTAL, AND MOVE TO SECOND READING. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE.” DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. CITY OF WINTERSPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – APRIL 25, 2005 PAGE 11 OF 22 PUBLIC HEARINGS 404. Community Development Department– Planning Division Requests The City Commission Hold A Public Hearing For First Reading And Transmittal To Consider A Large-Scale Comprehensive Plan Text Amendment For Ordinance 2005-12, (Referenced As LS-CPA-05-07), Which Amends The Conservation Element And The Future Land Use Element Related To Upland Wetland Buffers. Mayor Bush stated, “Can we have a Motion to read by ‘Title’ only?” “SO MOVED.” MAYOR BUSH STATED, “MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER KREBS.” DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by “Title” only. Ms. Sahlstrom addressed the City Commission 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. Deputy Mayor Blake stated, “The definition would have to be applied to that area that appears to be wet or have Wetland characteristics…” Ms. Sahlstrom stated, “…Right. And previously that language as defined was up further in the sentence.” Deputy Mayor Blake noted, “I do not see that strikeout here.” Ms. Sahlstrom stated, “I’ve got it.” Deputy Mayor Blake then stated, “Are we looking at Conservation Element Policy 1.4.2?” Ms. Sahlstrom said to Deputy Mayor Blake, “You don’t have a strikeout?” Deputy Mayor Blake explained, “No.” Further discussion followed on Mitigation and Buffers. Deputy Mayor Blake noted, “I don’t think the language is clearly depicting what I think we all agree we want to do.” Manager McLemore stated, “If we can bring that back at the next Meeting - to clarify the language. Do we have time?” Ms. Sahlstrom said, “It doesn’t have to be transmitted at this Meeting. We do have more time based on our Codes.” Ms Sahlstrom added, “Can we postpone to ‘Date Certain’ so we don’t have to advertise?” CITY OF WINTERSPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – APRIL 25, 2005 PAGE 12 OF 22 “I WOULD LIKE TO MAKE A MOTION THAT WE POSTPONE THIS ‘ITEM’ UNTIL THE NEXT REGULARLY SCHEDULED COMMISSION MEETING TH WHICH WILL BE MAY 9, 2005 AND THE - DATE SHOULD PRESERVE THE ADVERTISING FOR THE PUBLIC HEARING – AT WHICH TIME THE INPUT WOULD BE TAKEN AS WELL.” MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 405. Community Development Department Requests The City Commission Hold A Public Hearing For Aesthetic Review Of The Carnero Office Site. Mr. John. Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item for discussion. 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. “MOTION TO APPROVE ITEM ‘405’.” MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTERSPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – APRIL 25, 2005 PAGE 13 OF 22 THE FOLLOWING AGENDA ITEM WAS REMOVED FROM THE INFORMATIONAL AGENDA EARLIER IN THIS MEETING AND DISCUSSED NEXT UNDER THE REGULAR AGENDA, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. REGULAR AGENDA (FORMERLY LISTED ON THE “INFORMATIONAL” AGENDA AS “INFORMATIONAL” AGENDA ITEM “301”) Parks And Recreation Department Wishes to Inform The City Commission Of The Fruitwood Park Area Survey Results And A Future Concept Plan And Cost. Tape 2/Side A Mr. Chuck Pula, Director, Parks and Recreation Department presented this Agenda Item. Discussion. Commissioner Krebs said, “I would like to see it developed.” Commissioner McGinnis said, “I would too.” Manager McLemore said, “I would suggest that we bring this back, agended for this discussion at a future date, if you would like to see it.” Commissioner McGinnis noted, “Good idea.” Deputy Mayor Blake stated, “I would agree to that, but I would also like to see, kind of a break down – if you can just plot those survey results, because I think there is an interesting story there, something we should pay attention to.” “MOTION TO BRING THIS BACK.” MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. MAYOR BUSH SAID, “BRING THIS BACK WITH SOME MORE DETAILED ANAYLSIS.” DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. CITY OF WINTERSPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – APRIL 25, 2005 PAGE 14 OF 22 REGULAR 500. Parks And Recreation Department Requesting The City Commission To Deny The Request Of The Glen Eagle Residents To Vacate And Transfer Certain Portions Of Sam Smith Park To The Property Owners. Mr. Pula also presented this Agenda Item. Discussion. “I MOVE THAT WE ACCEPT STAFF’S RECOMMENDATION ON ‘ITEM 15’ TO DENY THE REQUEST.” MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 501. Parks And Recreation Department Requesting That The City Commission Approve Staff’s Plan And Funding To Provide For The Staging, Lighting, Sound System, Entertainment, Shuttle Buses And Other Associated Items For The July 3, 2005, Celebration Of Freedom. Mr. Pula presented his opening remarks related to this Agenda Item. Discussion. “I MAKE A MOTION TO APPROVE ITEM ‘501’.” MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. CITY OF WINTERSPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – APRIL 25, 2005 PAGE 15 OF 22 REGULAR 502. Information Services Department Wishes For The Commission To Review Information Regarding Blackberry Devices And To Make Some Choices Relative To Those Devices. Ms. Joanne Dalka, Director, Information Services Department presented this Agenda Item. Much discussion. “REGARDING THE BLACKBERRY - DEPARTMENT HEADS INCLUDING THE CLERK, COMMISSIONERS – IF THEY WANT IT, AND THE MAYOR; ‘NO’ TO THE ‘DIRECT CONNECT’; ‘YES’ TO THE email AND THE PHONE.” MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. DEPUTY MAYOR BLAKE SAID, “WHEN YOU SAY ‘NO’ TO THE ‘DIRECT CONNECT’, YOU’RE TALKING ABOUT THE MAYOR AND COMMISSION; CORRECT?” DEPUTY MAYOR BLAKE ADDED, “YOU’RE NOT SAYING ‘NO’ TO THE ‘DIRECT CONNECT’ FOR THE STAFF?” COMMISSIONER KREBS SAID, “NO.” COMMISSIONER KREBS ADDED, “SHE [MS. DALKA] NEEDS TO KNOW HOW MANY.” MS. DALKA SAID, “IN ADDITION TO THAT, IF THE DEPARTMENT HEADS WOULD BE GETTING THE – BLACKBERRY’S, THEY WOULD PROBABLY BE GETTING THE NEXTEL SERVICE BECAUSE THEY CURRENTLY HAVE NEXTEL PHONES. SO, THE DEPARTMENT HEADS WOULD HAVE THE ‘DIRECT CONNECT’.” MS. DALKA ADDED, “BUT I WOULD LIKE TO KNOW HOW MANY OF THE MAYOR AND COMMISSION WOULD WANT THESE DEVICES AS WELL.” MANAGER McLEMORE ADDED, “IF YOU WANT THEM, WE’LL GET THEM FOR YOU.” VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. Mayor Bush said, “Raise your hand if you want one [Blackberry].” Mayor Bush, Deputy Mayor Blake, Commissioner McGinnis, and Commissioner Krebs raised their hands. Regarding Commissioner [Robert S.] Miller, Mayor Bush noted, “Put it down as a tentative ‘Yes’ until he gets back in town.” CITY OF WINTERSPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – APRIL 25, 2005 PAGE 16 OF 22 REGULAR 503. Office Of The City Manager Requests The City Commission To Discuss Commission Requests And Directives. Manager McLemore addressed this Agenda Item with the City Commission and pointed out, “A comment by a Commissioner is not adequate enough to put it on the list [Directives].” Commissioner McGinnis said, “I agree.” Manager McLemore added, “What goes on that “Directives list is something that either by Consensus of this group – or by a ‘Vote’ formally. You say, this is important enough that it’s an action of this ‘Body’, not an action of this ‘Individual’.” Manager McLemore added, “Now a lot of times, the things that you talk about, are things we’re already authorized to do anyhow, so we would go ahead and address those as a matter of course.” Then, Manager McLemore noted, “Act as a collective ‘Body’ on these things and at least let’s get the “Directive’ very clear and understood.” With further discussion, Manager McLemore said, “What I’m asking is that the Mayor, or someone repeat or acknowledge it on Record that the Commission by Consensus is requesting the Staff to do thus and so; and, put it in the Record that way.” Mayor Bush noted, “One Commissioner should not direct Staff without the entire Commission giving Staff the okay on this, and I will try to do that – and maybe then just state it a little more directly, into the Record after I see the nodding of the heads.” Mayor Bush added, “I can take care of that and of course if – a Commissioner wants to make a Motion, obviously one can do that.” Discussion. Then, Mayor Bush remarked, “What I will try to do in the future, is even on those issues like Commissioner Krebs is mentioning, when one Commissioner makes a statement such as that, I will then stop it and say, ‘Do all the Commissioners agree with what Commissioner Krebs in this case might be asking for’, and then we will get that into the Record.” Commissioner Krebs said, “Okay.” Mayor Bush then said, “Then we will have to rely on Staff to say, wait a minute, we don’t know exactly what you are saying.” In summary, Mayor Bush said, “My interpretation of our discussion that we just had is that I will make sure that when one Commissioner makes a comment about bringing something back that we get Consensus from the Commission – all Commissioners - at least the majority that that is the desire of the entire Commission and then make sure it gets recorded in the Minutes so that it can be referred to by Staff. And then the other issue is when we are developing more complex issues of where we might have multiple items, that we take our time and go through them one by one in terms of making sure we have Consensus and - Staff knows what the Commission wants back.” CITY OF WINTERSPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – APRIL 25, 2005 PAGE 17 OF 22 Commissioner Krebs said, “If the Clerk is having trouble understanding everything that we want that she should also question us.” Mayor Bush “Yes, definitely…” Commissioner Krebs said, “…For a summary or more explanation if she needs it.” Manager McLemore added, “And I think she will if you make it known that - you’re not offended by that.” Commissioner Krebs added, “I’m not offended and I want her to.” Commissioner McGinnis said, “I do too. I agree.” Mayor Bush added, “No apologies – just say, ‘I don’t understand this – it needs to be more clear’, to get it into the Record.” Deputy Mayor Blake added, “That is right.” Mayor Bush asked, “Do we have Consensus on that Commissioners?” Commissioner McGinnis, said, “Yes, we do.” Commissioner Krebs noted, “Yes.” Mayor Bush stated, “We have everybody shaking their head ‘Yes’ - let the Record show.” Mayor Bush noted, “All those present.” REGULAR 504. Community Development Department Requests The City Commission Consider And Approve The Final Engineering/Site Plan Modification For The Northeast 2 (Two) Acres Of The Approximately 15 (Fifteen) Acre JDC Calhoun/Doran Town Center Site, Just East Of The Tuskawilla Road And South Of The Kingsbury Home.The Building Elevations Are Still In The Modification And Staff Review Stages. Tape 2/Side B Mr. Baker presented this Agenda Item and displayed pictures. With discussion, Deputy Mayor Blake noted from the Agenda Item wording, “‘Just east of Tuskawilla Road and south of the Kingsbury home’.” Mr. Baker noted, “West of Tuskawilla Road…” Deputy Mayor Blake pointed out, “…It says ‘East of Tuskawilla Road’, is it east?” Mr. Baker noted, “My mistake.” Deputy Mayor Blake added, “Because it said ‘East’ last time we had this Item too, and it was brought up – and it still says ‘East’.” Further discussion ensued with Mr. Baker. “I MAKE A MOTION TO APPROVE THE ITEM.” MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH STATED, “TO ACCEPT STAFF’S RECOMMENDATION ON ITEM ‘504’.” CITY OF WINTERSPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – APRIL 25, 2005 PAGE 18 OF 22 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 505. Office Of The City Manager Requesting Approval Of Resolution Number 2005-18 – A Resolution Supporting The Levy Of One Additional Cent Local Option Gas Tax By The Seminole County, Florida Commission To Finance ADA Paratransit And Fixed Bus Route Services In Seminole County, Florida And Adoption Of An Interlocal Agreement With The Seminole County Commission Providing For Same. Manager McLemore presented his opening remarks regarding this Agenda Item. Discussion. “I MAKE A MOTION WE APPROVE RESOLUTION NUMBER 2005-18.” MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REPORTS REPORTS 600. Office Of The City Attorney – Anthony A. Garganese, Esquire No Report. CITY OF WINTERSPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – APRIL 25, 2005 PAGE 19 OF 22 REPORTS 601. Office Of The City Manager – Ronald W. McLemore Manager McLemore said, “You are aware that I had sent a letter to the school [Winter Springs High School] regarding student parking in the ‘Town Center’ and that it was becoming an issue. [Chief of Police] Dan Kerr and I did go and meet with the Principal. After that meeting, based on what we understood was they’re going to have even more students next year or in another two (2) years. Maybe then, the level will start dropping off of students - they are maxed out on the number of parking units.” Then, Manager McLemore stated, “One thing we understand is, we are going to have to pass an Ordinance – limiting the amount of parking time in the Town Center, to deal with this issue.” Manager McLemore suggested, “We have – one hundred sixty (160) spaces in Central Winds Park which is along the new paved area behind the school – north of the ‘Trail’. It’s not used in the morning, nor early into the afternoon; so what I would propose is we offer those spaces on the same basis that they would be made available for a sticker, however, that the revenue would come to the City for that space; which would mean somewhere between twelve - fifteen thousand dollars ($12,000.00 - $15,000.00) based on the pricing of the sticker.” Manager McLemore added, “I think that we should charge for the use of our space.” Discussion. Deputy Mayor Blake noted, “I absolutely agree. The first expenditure we should make with the revenues should be to develop an easier walking access point for the students. We should work this out with the school, from that lot.” Manager McLemore remarked, “We will have that discussion with the school also.” Deputy Mayor Blake noted, “Okay.” “I MAKE A MOTION WE MAKE AVAILABLE THOSE SPACES THAT THE CITY MANAGER DISCUSSSED EARLIER FOR HIGH SCHOOL PARKING. WE PROBABLY WANT TO DO THIS AS SOON AS THE SUMMER SESSION.” DEPUTY MAYOR BLAKE ADDED, “AND WE WILL SET THE RATE FOR A PARKING PERMIT EQUAL TO THAT OF THE SCHOOL.” MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. MAYOR BUSH SAID, “DID YOU INCLUDE THE ACCESS POINT…?” DEPUTY MAYOR BLAKE ADDED, “…THAT INCLUDES THE ACCESS POINT DISCUSSION ALSO.” CITY OF WINTERSPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – APRIL 25, 2005 PAGE 20 OF 22 MAYOR BUSH REITERATED, “THE PARKING AREAS THAT MR. McLEMORE MENTIONED – AS FAST AS POSSIBLE SO IT CAN BE FOR SUMMER AND WE CHARGE THE SAME AMOUNT OF MONEY THE SCHOOL CURRENTLY CHARGES FOR THEIR FEES AND THAT AN ACCESSIBLE WALKWAY BE – EXPLORED OR CONSTRUCTED.” MANAGER McLEMORE SAID, “WE’LL TAKE CARE OF THAT, RIGHT.” VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REPORTS 602. Office Of The City Clerk – Andrea Lorenzo-Luaces Deputy City Clerk Joan Brown noted, “No Report”. REPORTS 603. Commission Seat Five – Joanne M. Krebs Commissioner Krebs said, “Ron [McLemore], I was wondering if we have sent out that letter to the property owners for the East Rural Area Property Advisory Committee?” Manager McLemore said, “Yes. You are going to get that – at your next Meeting.” REPORTS 604. Office Of The Mayor – John F. Bush Mayor Bush read a letter dated April 22, 2005, from Commissioner [Robert S.] Miller into the Record, which noted that in terms of Regular Agenda Item “500’, Commissioner [Robert S.] Miller – “Was not in favor – to deny the request.” Mayor Bush also noted the recent winners of the Highland’s Yard of the Month Contest. Mayor Bush suggested to the City Commission, “If the Commission has no objection we have a – Certificate of Appreciation that Andrea [Lorenzo-Luaces, City Clerk] has made up that I would just send this to the individuals, appropriately worded for their efforts and beautification. Is there any objection to me doing this routinely?” Commissioner McGinnis noted, “Just do it.” Mayor Bush summarized, “So the Commissioners are all in favor – the Consensus is that – the Mayor’s office will send out a Certificate of Appreciation routinely when we know – about them.” CITY OF WINTERSPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – APRIL 25, 2005 PAGE 21 OF 22 th Mayor Bush mentioned a letter dated April 24 [2005], from Mr. John Ferring that was read into the Record. Mayor Bush stated, “I wanted to recognize Andrea [Lorenzo-Luaces, City Clerk] she has made the first level of the – Florida Association of Clerks – it shows Andrea’s professionalism and desire to improve herself as well as to serve the City. We are very appreciative of all of the efforts that Andrea [Lorenzo-Luaces] does.” Mayor Bush added, “We do appreciate your efforts Joan [Brown] as well and of course we are proud of Andrea [Lorenzo-Luaces] of what she does.” REPORTS 605. Commission Seat One - Robert S. Miller Absent. REPORTS 606.Commission Seat Two/Deputy Mayor – Michael S. Blake Deputy Mayor Blake spoke regarding Mr. John Ferring and stated, “I was going to ask if there was something the City might do to recognize his years of service to the City?” With discussion Mayor Bush said, “If the Commission has no objection, I will work with Andrea [Lorenzo-Luaces] on coming up with an appropriate recognition for Mr. Ferring and bring it back to you at the next Meeting for your approval.” Mayor Bush added, “I will get with Andrea [Lorenzo-Luaces] and we will come back with some ideas at your next Meeting.” REPORTS 607. Commission Seat Three – Donald A. Gilmore No Report. REPORTS 608. Commission Seat Four – Sally McGinnis Commissioner McGinnis said, “I recently had the opportunity to talk to – several residents on George Street and they would like to know whatever happened to their sidewalks.” Commissioner McGinnis added, “They are absolutely in terrible condition – parking again, it was brought up once that there would be parking allowed on that street.” Manager McLemore said, “My suggestion to you would be to put it on the Agenda for review at a future Meeting of your choice…” Commissioner McGinnis said, “…Okay.” CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 25, 2005 PAGE 22 OF 22 Mayor Bush said, "Is the Commission in agreement this should be placed on a future Agenda? Maybe next Meeting, Mr. McLemore?" Manager McLemore said, "I think we could probably bring it back next Meeting." With no audible objections from the Commission, Mayor Bush summarized, "That will be on our next Agenda." ADJOURNMENT Mayor Bush adjourned the Meeting at approximately 9:28 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC APPROVED: ~f IkL NOTE: These Minutes were approved at the May 9, 2005 Regular City Commission Meeting.