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HomeMy WebLinkAbout_2008 07 28 City Commission Regular MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JULY 28, 2008 CALL TO ORDER The Regular Meeting of Monday, July 28, 2008 of the City Commission was called to Order by Deputy Mayor Donald A. Gilmore at 5:20 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, absent Deputy Mayor Donald A. Gilmore, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 5:22 p.m. A moment of silence was followed by the Pledge of Allegiance. Under Agenda Changes, Deputy Mayor Gilmore spoke of a request from Mr. Hugh Harling "To pull items `500' and `501' from tonight's Agenda and bring them back at another Meeting..." Commissioner Joanne M. Krebs asked, "...Is that to postpone it for two (2) weeks?" Deputy Mayor Gilmore noted, "I would suggest that would be good - yes, he asked for two (2) weeks." "MOTION TO -POSTPONE FOR TWO (2) WEEKS -ITEMS `500' AND `501'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. City Attorney Anthony A. Garganese arrived at 5:22 p. m. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 28, 2008 PAGE 2 OF 22 Deputy Mayor Gilmore then noted a request from "Barbara Coy who has brought up item (Regular) `607' and has asked us to pull it from tonight; and apparently the earliest we can get it would be the August 11~' [2008] Meeting." "MOTION TO -APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Commissioner Robert S. Miller referenced on item (31) and commented on the old Public Works site. Commissioner Miller stated, "Some of us discussed the possibility of making that into a Park and there was supposed to be some work being done." Commissioner Miller then asked for the status on this project. City Manager Ronald W. McLemore responded by saying, "It's on the curtailed list, if you want to bring it back up for funding -you need to bring it back up." Commissioner Miller then stated, "It will come up at the next Budget Meeting -then I will raise that issue." Manager McLemore suggested, "Or tell us to put it on the Agenda for the next week." Commissioner Miller noted, "I would like it to be placed on the Agenda." Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department asked, "Would that be the next Regular Commission Meeting - on the 11~' [of August]?" Commissioner Miller said, "Yes, that is fine." Mr. Stevenson added, "Okay, we'll do that." Commissioner Miller then suggested, "We may also want to make it -not an Informational item so, that if we decide that we want to go ahead and move on it, we can..." Mr. Stevenson suggested, "...Put on as a Regular Agenda Item?" Commissioner Miller added, "Regular Agenda Item." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 28, 2008 PAGE 3 OF 22 Deputy Mayor Gilmore asked Commissioner Miller, "Is that a Motion?" `AYES, IT IS." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. DEPUTY MAYOR GILMORE SUMMARIZED THE MOTION AS "WE RETURN -THE ISSUE OF THE OLD PUBLIC WORKS SITE AND WHAT WE'RE GOING TO DO WITH IT, BACK TO A FUTURE AGENDA ITEM." COMMISSIONER KREBS ASKED ABOUT KNOWING THE RELATED COSTS WITH CONCERNS ON SETTING THE MILEAGE SOON. MANAGER McLEMORE STATED, "WE COULD PROBABLY GET A FAIR STUDY DONE." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. INFORMATIONAL 101. Not Used. INFORMATIONAL 102. Not Used. INFORMATIONAL 103. Community Development Department -Planning Division Wishes To Inform The City Commission of Upcoming Seminole Economic Enhancement District (S.E.E.D.)Brownfield Area Public Hearings. Deputy Mayor Gilmore inquired if we were informing the public about the Public Hearings? Mr. Stevenson explained what advertising was being done. Manager McLemore asked, "Is it on the Website?" Mr. Stevenson stated, "We can certainly get it on there." Mr. Stevenson added, "'We'll get with them tomorrow and get it on the Website." ~~MOTION TO APPROVE INFORMATIONAL [AGENDA]." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 28, 2008 PAGE 4 OF 22 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. General Services Department And Public Works Department Requesting The City Commission Validate The Solid Waste Survey Results Entitling The Franchise To Receive The Performance Bonus And Receive The Annual Staff Solid Waste Review. No discussion. CONSENT 201. Utility Department Requesting Approval Of A Quit Claim Deed Conveying The Lift Station Tract In Barrington Estates To The City. Brief discussion ensued with Mr. Brian Fields, P.E., City Engineer, Public Works Department. CONSENT 202. Utility Department Requesting Authorization To Enter Into Joint Planning Activity With The City Of Longwood Related To Alternative Water Supply Issues. Discussion followed with Mr. Fields. CTI'Y OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 28, 2008 PAGE 5 OF 22 CONSENT 203. Finance Department Requesting Authorization From The City Commission To Piggyback Off Of The City Of Melbourne, Florida's Contract With Advanced Xerographics Imaging Systems (AXIS), Inc. For Utility Bill Printing Services. Ms. Michelle Greco, Director, Finance Department answered questions form the City Commission on return envelopes, saving money, and monthly cycle readings. Deputy Mayor Gilmore then asked about shifting to electronic readings. With comments on higher costs in order to do this, Manager McLemore asked, "Do you want us to bring you a couple of studies on that?" Manager McLemore added, "Five (5) year payback? Seven (7) year payback?" Deputy Mayor Gilmore noted, "Just letting us know what the payback period is." Ms. Greco stated, "Okay, we can do that for you." CONSENT 204. Finance Department Requesting Authorization From The City Commission To Piggyback Off Of The City Of Mount Dora, Florida's Contract With Severn Trent Environmental Services, Inc. For Meter-Reading Services. Discussion. CONSENT 205. Office Of The City Manager Requesting Authorization To Enter Into Agreements With The Seminole County Tax Collector And Property Appraiser To Allow The City To Utilize The Tax Rolls In FY (Fiscal Year) 2009 For Purposes Of Collection Of Delinquent Fire Assessment From FY (Fiscal Year) 2008. Mr. Kevin Smith, Director, General Services Department gave a brief update on collections to date. Further brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NLY 28, 2008 PAGE 6 OF 22 CONSENT 206. Office Of The City Clerk Requests The City Commission Review This Agenda Item For Information Regarding Some Of The Details And Dates Pertaining To The November 4, 2008 Municipal Election. Commissioner Miller commented for the Record on Term Limits and suggested that the issue of Term Limits be added to any upcoming Referendum. Discussion. CONSENT 207. Police Department Requests The Commission To Approve The Purchase Of Four (4) Complete In-Car Camera Units From Police Impact Fees. The $27,600.00 Expenditure Was Approved During The FY (Fiscal Year) (20]07 - [20]08 Budget Process. There was no discussion on this Agenda Item. CONSENT 208. Office Of The City Clerk Approval Of The July 14, 2008 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. CONSENT 209. Office Of The City Clerk Approval Of The July 15, 2008 City Commission Workshop Minutes. No discussion. CONSENT 210. Office Of The City Clerk Approval Of The July 16, 2008 City Commission Workshop Minutes. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 28, 2008 PAGE 7 OF 22 CONSENT 211. Office Of The City Clerk Approval Of The July 21, 2008 City Commission Workshop Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE CONSENT [AGENDA]." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. REPORTS REPORTS 400. Office Of The City Attorney -Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager -Ronald W. McLemore Manager McLemore commented on a recent Memorandum related to reviewing the Occupational License/Business Tax. Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE DO NOT MOVE FORWARD WITH RE-LOOKING AT OUR BUSINESS TAXES AT THE MOMENT." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 28, 2008 PAGE 8 OF 22 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Next, Manager McLemore asked if the City Commission wanted to advertise with the Chamber of Commerce and passed out information related to this. Discussion. "I MAKE A MOTION THAT WE GO FORWARD WITH THE FULL COLOR PAGE IN THE ANNUAL MEMBERSHIP DIRECTORY FOR THE CHAMBER OF COMMERCE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. Lastly, Manager McLemore distributed a document related to the Veteran's Memorial and stated, "These are proposals from Rotary Club and I want you to take a look at it and be ready to comment on it at the next Meeting - I could actually put it on the 4~' (of August) if that's okay with you all." Commissioner Brown stated, "Yes, let's do that." No objections were noted. REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, CMC City Clerk Andrea Lorenzo-Luaces mentioned the Roundtable Discussion that was scheduled for this Thursday evening, to which Manager McLemore noted, "They decided against it." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 28, 2008 PAGE 9 OF 22 • • AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS HEARD NEXT, FOLLOWED BY THE REST OF THE AGENDA. •• REPORTS REPORTS 401. Office Of The City Manager -Ronald W. McLemore Manager McLemore mentioned the State Board of Administration meeting with the City Commission and suggested holding a Meeting on August 13~', 2008 for this discussion. Commissioner Miller remarked, "We're not going to put anything else on the Agenda that evening, correct?" Manager McLemore stated, "No." Commissioner Miller added, "No Add-Ons." Manager McLemore explained, "It's a Workshop." Commissioner Miller then said, "If that is the only item on the Agenda, I will go along with it." Commissioner Brown stated, "It is a Workshop." As to the time, Deputy Mayor Gilmore stated, "Five o'clock." Manager McLemore then explained, "The only thing that could change this - we also want to talk to the (Florida) League of Cities -would you want me to try to put two of them together, like one every hour or something like that, if they are available? Then you wouldn't have to have another Meeting -like one at five (o'clock] and one at 6:30 [p.m.]?" Deputy Mayor Gilmore stated, "Yes." Commissioner McGinnis remarked, "Good." Manager McLemore noted, "Okay. We'll see if we can make that happen." Deputy Mayor Gilmore summarized that "We will have a five o'clock Meeting with SBA (State Board of Administration) and a potential six o'clock Meeting with Florida League [of Cities]..." Manager McLemore noted, "...If they are available." Next, Manager McLemore asked that Staff address the City Commission on Tom Corkery's new project. Mr. Fields spoke on the "The Greens at Tuscawilla" project. Discussion. Mr. Stevenson addressed issues related to a review by the Planning and Zoning Board/Local Planning Agency. With further discussion, Manager McLemore stated, "I think what I am hearing is once we get the engineering issues resolved, that we should think about a Special Meeting of the Planning Commission [Planning and Zoning BoardJLocal Planning Agency]." Mr. Stevenson remarked, "I'll start working on that tomorrow." CITY OF WIN'T'ER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 28, 2008 PAGE 10 OF 22 REPORTS 403. Commission Seat Four -Sally McGinnis No Report. REPORTS 404. Commission Seat Five -Joanne M. Krebs Commissioner Krebs briefly commented on providing assistance to our Firefighters. Tape 1/Side B Furthermore, Commissioner Krebs mentioned the remaining two (2) Fire Department Staff Members to which Manager McLemore said this could be discussed during Budget. Commissioner Krebs addressed the status of the Veteran's Memorial and a related Ceremony. REPORTS 405. Office Of The Mayor -John F. Bush Absent. REPORTS 406. Commission Seat One -Robert S. Miller No Report. REPORTS 407. Commission Seat Two -Rick Brown Commissioner Rick Brown noted for the Record that he disagreed with previous comments related to Term Limits. REPORTS 408. Commission Seat Three/Deputy Mayor -Donald A. Gilmore No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 28, 2008 PAGE l 1 OF 22 Deputy Mayor Gilmore called a Recess at 6:10 p. m. The Regular Meeting was called back to Order at 6:23 p. m. PUBLIC INPUT Mr. Frank Vaccaro, 1031 Northern Way, Winter Springs, Florida: commented on a Petition opposing sidewalks, and that it went against the wishes of the citizens who live on Northern Way. Mr. Michael Altif, 1027 Northern Way, Winter Springs, Florida: also spoke on a Petition opposing sidewalks and suggested the monies be returned to Seminole County to be used where better needed. Mr. Robert W. Baxley, 1029 Northern Way, Winter Springs, Florida: Deputy Mayor Gilmore stated, "He is opposed to the sidewalks but does not wish to speak." Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: noted the work that went into Regular Agenda Item "601" and commented on an alternative to renting fencing. Mr. William Payne, S10 Bentley Street, Winter Springs, Florida: did not address the City Commission -Deputy Mayor Gilmore stated, "You are in favor of the Dog Park." Ms. Carolyn Garnsey, 4736 Swansneck Place, Seminole County/Winter Springs, Florida: Deputy Mayor Gilmore stated, "Is not here, but is in favor of the Dog Park." Ms. Leah Weisman, 113 Brookshire Court, Winter Springs, Florida: Deputy Mayor Gilmore noted, "Did not wish to speak, but you are in favor of the Dog Park." Mr. Gregory Ferrero, 307 Cello Circle, Winter Springs, Florida: Deputy Mayor Gilmore remarked, "In favor of the Dog Park but did not wish to speak." Ms. Loretta Ames, 1 SO 3rd Street, Winter Springs, Florida: did not wish to address the City Commission -Deputy Mayor Gilmore stated, "Loretta (Ames) is in favor of the Dog Park." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 28, 2008 PAGE 12 OF 22 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing For Third Reading And Adoption Of Ordinance 2008-10, Which Amends Chapter 20, Zoning Of The Code Of Ordinances To Change The List Of Permitted, Conditional And Prohibited Uses In The C-2 General Commercial District. As Voted on earlier in the Meeting, this Agenda Item was Postponed. PUBLIC HEARINGS 501. Community Development Department -Planning Division Requests The City Commission Remove From The Table And Hold A Public Hearing For First Reading Of Ordinance 2008-11, Which Rezones Two (2) Parcels Containing 9.04 Acres, More Or Less, Located Adjacent To The North Side Of SR (State Road) 419 On The East And West Side Of Wade Street From "C-1 Neighborhood Commercial" To A "C-2 General Commercial" Subject To Certain Use And Other Restrictions Pursuant To Section 20-31.(e). Also as Voted on earlier during this Meeting, this Agenda Item was Postponed. PUBLIC HEARINGS 502. Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing For 1St Reading Of Ordinance 2008-13, Which Amends The Height Of Walls Allowed Within The I-1 Light Industrial Zoning District. Attorney Garganese stated, "You need a Motion to read by `Title' only?" "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF W[NTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 28, 2008 PAGE I3 OF 22 Attorney Garganese read the Ordinance by "Title" only. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department addressed the City Commission on this Agenda Item. Deputy Mayor Gilmore opened the "Public Input" portion of the Agenda Item. No one spoke. Deputy Mayor Gilmore closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. DEPUTY MAYOR GILMORE STATED THE MOTION WAS, "TO APPROVE [FIRST READING OF] ORDINANCE 2008-13 AND PASS ON FOR SECOND READING." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Public Works Department Requesting Approval To Enter Into A Contract With Central Florida Environmental Corporation For The Construction Of The Northern Way And Shetland Avenue Sidewalk Project, Piggybacking Off Of Seminole County's 2007 Public Works Construction Contract CC-1075-061. Mr. Fields opened the discussion on this Agenda Item. Deputy Mayor Gilmore suggested a curb be added to the Northern Way sidewalk and that Shetland Avenue be replaced. Commissioner Miller suggested that Seminole County could improve the sidewalk area at the intersection of Sheoah Boulevard and State Road 434. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 28, 2008 PAGE 14 OF 22 "I AM GOING TO MAKE A MOTION THAT WE CANCEL THIS ENTIRE EFFORT AND RETURN THE FUNDS TO THE COUNTY." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER KREBS ASKED MR. FIELDS IF THIS PROJECT COULD BE SPLIT? MR. FIELDS STATED, "WE CAN ASK. I THINK THE COUNTY WOULD PROBABLY BE OPEN SEPARATING SHETLAND AVENUE AND NORTHERN (WAY). DEPUTY MAYOR GILMORE STATED, "I WOULD LIKE TO ASK THIS COMMISSION TO SEPARATE THE TWO (2) SIDEWALKS FOR THEIR VOTE - THE SHETLAND (AVENUE) SIDEWALK AND THE NORTHERN WAY SIDEWALK. I HATE TO CANCEL THEM BOTH." FURTHER DISCUSSION. VOTE: COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: NAY DEPUTY MAYOR GILMORE: NAY COMMISSIONER KREBS: NAY COMMISSIONER BROWN: AYE MOTION DID NOT CARRY. "I WILL MOVE THAT WE ASK THE STAFF TO MEET WITH THE COUNTY TO EXPLORE THE POSSIBILITY OF SEGMENTING THIS OUT AND MOVING FORWARD ON SHETLAND AVENUE AND A PORTION OF NORTHERN [WAY]." MOTION BY COMMISSIONER McGINNIS. COMMISSIONER McGINNIS REITERATED HER MOTION AND STATED, "MY MOTION IS SPECIFICALLY TO ASK STAFF TO MEET WITH THE COUNTY TO EXPLORE THE POSSIBILITY OF SEGMENTING THIS ALLOCATION AND IF WE COULD MOVE FORWARD ON SHETLAND AVENUE." MR. FIELDS SUGGESTED, "IF WE COULD JUST MAYBE CLARIFY THAT - WE WOULD LIKE TO BE ABLE TO - IF THE COUNTY APPROVES, TO PROCEED WITH CFE (CENTRAL FLORIDA ENVIRONMENTAL CORPORATION) PER THIS AGENDA ITEM, TAKING OUT NORTHERN [WAY] SO WE COULD MOVE FORWARD WITH CONSTRUCTION ON SHETLAND; SO, WE DON'T HAVE TO BRING THIS BACK." CITY OF WINTER SPRINGS, FLORIDA M[NUTES CITY COMMISSION REGULAR MEETING -JULY 28, 2008 PAGE I S OF 22 COMMISSIONER McGINNIS ADDED, "TO INCLUDE THE WORDING, `ELIMINATE NORTHERN WAY'..." COMMISSIONER MILLER NOTED, "...SEE IF THE COUNTY WILL AGREE TO JUST DO SHETLAND AVENUE. RIGHT?" COMMISSIONER McGINNIS STATED, "YES." SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: NAY DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: NAY MOTION CARRIED. Manager McLemore commented on the sidewalk on the western side of Northern Way which needs repair work and said to the City Commission, "If we can fix this thing, why don't we fix it? At least, put it on the Agenda?" Manager McLemore suggested, "Put it on an inventory of projects to be fixed." Commissioner Sally McGinnis stated, "We could talk about that during our Budget." Deputy Mayor Gilmore suggested adding cut- outs. Mr. Fields noted, "We could look at it and bring you back some numbers and feasibility." Manager McLemore added, "Based on what you've said, we need to do some work on it and kind of come up with a concept and a cost estimate to put on our Capital Improvements Projects list - to fix it." Commissioner McGinnis stated, "Good." No objections were voiced. Tape 2/Side A REGULAR 601. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager And City Attorney To Execute The Florida Department Of Environmental Protection, Florida Recreation Development Assistance Program Project Grant Agreement For A Permanent Dog Park At Central Winds Park. Mr. Chuck Pula, Director, Parks and Recreation Department addressed the City Commission. Discussion. "I MOVE TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 28, 2008 PAGE 16 OF 22 "I WOULD LIKE TO AMEND THE MOTION THAT WE MAKE THIS A PRIORITY FOR [20]'09 AND PUT THE FUNDING ON THE BUDGET FOR NEXT FISCAL YEAR." AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: NAY MOTION CARRIED. COMMISSIONER MILLER ASKED COMMISSIONER McGINNIS, "WHAT WAS YOUR MOTION?" COMMISSIONER McGINNIS RESPONDED, "TO APPROVE THIS AGENDA ITEM." FURTHER DISCUSSION. VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: NAY COMMISSIONER BROWN: AYE COMMISSIONER MILLER: NAY DEPUTY MAYOR GILMORE: NAY MOTION DID NOT CARRY. Discussion. Attorney Garganese suggested that the City Commission "Vote on Ap~roving the Agreement that's before you which has a project completion date of April 30' , 2011." "MAKE A MOTION TO DO WHAT THE ATTORNEY SUGGESTS." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. ATTORNEY GARGANESE SAID FOR THE RECORD, "MY SUGGESTION IS TO GO AHEAD AND AUTHORIZE US TO EXECUTE THE AGREEMENT, AND APPROVE IT." C[TY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 28, 2008 PAGE 17 OF 22 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 602. Parks And Recreation Department Requests That The City Commission Considers the Winter Springs Youth Sports, Inc. (Babe Ruth League) Proposal Regarding Both Concession Operations At Central Winds Park And Authorizes Staff And The City Attorney To Prepare An Agreement Which Will Come Back To The City Commission For Consideration. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 603. Finance Department Requests That The City Commission Adopt Resolution Number 2008-28 Amending The Fiscal Year 2007-2008 Budeet. Brief comments. "MOTION TO APPROVE [RESOLUTION 2008-28]." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 28, 2008 PAGE 18 OF 22 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 604. Community Development Department -Customer Service Division Wishes To Provide The City Commission With Information On The Enforcement Efforts Of The Residential Compatibility And Harmony Regulations Over The Last Twelve Months. Discussion ensued with Mr. Stevenson. Attorney Garganese explained, "The Ordinance is permanent. The Ordinance simply states that it will be brought back to the Commission for -consideration one year after its' effective date. So, the Ordinance is permanent. You're reviewing it. If you like the Ordinance and you don't want any changes, then no action of the Commission is required other than, you tell us `Don't make any changes'." "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. DEPUTY MAYOR GILMORE SUMMARIZED THE MOTION "THAT WE APPROVE RECEIVING THE INFORMATION ON THE COMPATIBILITY ORDINANCE (2007-21) AND MAKE NO CHANGES TO IT AND IT WILL BECOME PERMANENT AND IS NOT COMING BACK FOR REVIEW UNLESS INSTRUCTED BY THE COMMISSION." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. C[TY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 28, 2008 PAGE 19 OF 22 REGULAR 605. Office Of Commissioner Joanne M. Krebs Requesting That A Motion Made During The July 14, 2008 Regular Meeting To Approve A $5,000.00 Donation For The Jingle Bell SK Run And BoysTown Be Reconsidered By The City Commission. Commissioner Krebs began the discussion on this Agenda Item. With discussion, Commissioner Miller spoke for the Record on no further donations. Discussion. "I WOULD LIKE TO MAKE A MOTION TO RESCIND THE -ORIGINAL MOTION ON THE FIVE (5) YEAR, FIVE THOUSAND DOLLAR ($5,000.00) SPONSORSHIP OF THE JINGLE BELL RUN." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER BROWN NOTED FOR THE RECORD THAT RELATED TO COMMENTS MADE AT THE LAST REGULAR CITY COMMISSION MEETING, "THE CITY CLERK WAS OUR DESIGNEE TO BE ON THIS COMMITTEE." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: NAY COMMISSIONER BROWN: ABSTAINED MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION THAT THIS COMMISSION CREATE A POLICY." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER KREBS ADDED, "A POLICY ABOUT -DONATIONS." DISCUSSION FOLLOWED ON DONATIONS, SPONSORSHIPS, AND EVENTS. Tape 2/Side B COMMISSIONER BROWN STATED, "I ALSO THOUGHT THAT WE SPENT CONSIDERABLE TIME LAST YEAR PUTTING TOGETHER A POLICY ON DONATIONS, WHICH PROBABLY NEEDS TO BE REVISITED FROM WHAT I AM HEARING AND JUST TAKE THE POSITION THAT WE HAD A FEW YEAR'S AGO THAT SAYS NO CHARITABLE DONATIONS." C[TY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 28, 2008 PAGE 20 OF 22 MANAGER McLEMORE SAID, "WE CAN WRITE THAT IN A RESOLUTION AND BRING IT BACK TO YOU." DEPUTY MAYOR GILMORE COMMENTED THAT THE COMMISSION WOULD REVISIT EVENTS DURING THE BUDGET PROCESS. DEPUTY MAYOR GILMORE ADDED, "I WOULD SUGGEST THAT -WHEN WE GET INTO THE BUDGET HEARING PROCESS THAT THE CITY MANAGER BRING BACK A POLICY WHICH WE CAN DISCUSS AND WORK ON." MANAGER McLEMORE REMARKED, "MY INTENT IS TO BRING YOU BACK A RESOLUTION THAT STATES WHAT THE COMMISSIONER JUST STATED." CONTINUING, DEPUTY MAYOR GILMORE SUMMARIZED THAT, "AT THIS POINT IN TIME, WE HAVE KILLED OUR SPONSORSHIP OF THE JINGLE BELL RUN; BUT THE CITY MANAGER IS TO BRING BACK A NEW POLICY FOR DISCUSSION AT THE BUDGET HEARINGS..." COMMISSIONER BROWN REMARKED, "...SPONSORSHIPS." COMMISSIONER KREBS ADDED, "...FOR SPONSORSHIPS." COMMISSIONER BROWN THEN SAID TO MANAGER McLEMORE, "BUT YOU ARE GOING TO BRING BACK AN ORDINANCE PUTTING US ON A ZERO CHARITABLE CONTRIBUTION..." MANAGER McLEMORE STATED, "...A RESOLUTION." VOTE: COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: NAY COMMISSIONER BROWN: NAY DEPUTY MAYOR GILMORE: NAY COMMISSIONER MILLER: NAY MOTION DID NOT CARRY. REGULAR 606. Parks And Recreation Department And Public Works Department Requesting Authorization To Award The Contract For Construction Of The Trotwood Park Expansion To RL Burns, Inc. Construction Company. Mr. Pula spoke on this Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 28, 2008 PAGE 21 OF 22 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. REGULAR 607. Community Development Department Requests That The City Commission Consider The Request By Representatives Of Local Realtors To Waive The Sign Code For Real Estate Signage. As Voted on earlier in the Meeting, this Agenda Item will not be heard during this Meeting. REGULAR 608. Office Of The City Manager ADD-ON Requesting The City Commission To Consider Issuing Requests For Proposals (R.F.P.) For Event Management Services. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 609. Office Of The City Manager ADD-ON Requesting The City Commission To Consider Adoption Of The Health Insurance Proposal For FY (Fiscal Year) [20]09. "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 28, 2008 PAGE 22 OF 22 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. ADJOURNMENT Deputy Mayor Gilmore adjourned the Regular Meeting at 8:03 p.m. RESPECTFULLY SUBMITTED: r a ' ~ ~ -, AND A LORENZO-LUACES, CMC CITY CLERK APPROVED: ~_~ ~. / J T1 F. BU~;H AYOR NOTE: These Minutes were approved at the August 11, 2008 Regular City Commission Meeting. RECEIVED FORM 8B MEMORANDUM OF VOTING CONFLICTp ~ 0 COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFI LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORfTp'F~01611i11i~'E~T~' c~ERK CJV/1 ~i ~AY~ MAILING ADDRESS / THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: „ fin ~ /~'yGt 'v CITY COUNTY ^ CITY ^ COUNTY ^ OTHER LOCAL AGENCY I I'I ~ b P.,in, i~o lC NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED MY POSITION IS: ^ ELECTIVE ^ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publiGy stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM SB - EFF. 1/2000 PAGE 1 RECEIVED POINTED OFFICERS (continued) AUG 0 4 2008 CITY OF WINTER SPRINGS • A copy of the form must be provided immediately to the other members of the agency. OFFICE of THE cITY c~ERK • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must discose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, ~-G~/i~~ C ~J~fr- ,hereby disclose that on 7/a d , 20 ~~: (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; /+ ~/ inured to the special gain or loss of my business associate, arc % y~ ~t "or~'.~i~ ~-"~ `d~res~~~i4~eor.i+v ~. ~KC_ inured to the special gain or loss of my relative, _ inured to the special gain or loss whom 1 am retained; or _ inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: 'd~ ~ ~i % ^ e~°$~Si J ~ ~ h.4-.~l~.a/ G~-~'~e~ U 7~ d~ v /'S i3~i~L~% i U~~ y {~i, J ~Cro Date Filed by which Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2