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HomeMy WebLinkAbout2009 03 09 Consent 208 Approval of the February 23, 2009 Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING FEBRUARY 23, 2009 ;~ CALL TO ORDER ~~ The Regular Meeting of Monday, February 23, 2009 of the City Commission was called ~~ to Order by Mayor John F. Bush at 5:36 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 Joanne M. Krebs, present Commissioner Jean Hovey, present Commissioner Rick Brown, present Commissioner Gary Bonner, present Commissioner Sally McGinnis, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. • • AGENDA NOTE: THE FOLLOWING PUBLIC INPUT WAS HELD NEXT, FOLLOWED BY THE REST OF THE AGENDA AS DOCUMENTED. .;..;. PUBLIC INPUT Mr. Paul Partyka, 249 Solaris Wharf Street, Winter Springs, Florida: commented that the City could have someone attend a March event in Tallahassee with the Oviedo- Winter Springs Regional Chamber of Commerce; and also spoke about a March 13, 2009 Seminole County Chamber of Commerce Event. • • AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS WERE PRESENTED NEXT, FOLLOWED BY THE REST OF THE AGENDA AS NOTED. • • CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 2 OF 20 AWARDS AND PRESENTATIONS Mayor Bush, accompanied by the City Commission and City Manager Kevin L. Smith presented a Proclamation in honor of City employee Christopher Carson for his efforts ~~ with the "Community Events Committee". Proclamations were then presented to members of the "Community Events Committee" - ~'~ Mary Alice Wilder; Jeff Aames; April Bonadonna; Pamela Carroll; Kim Coburn; Debra Fisher; Matt Herba; Steve Lezak; Mary Munjed; Arnie Nussbaum; Brantley Tillis; J.T. Tsaldaris; Michael Welch; pawn Winebrenner; and Christopher Carson. •• AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM "603" WAS DISCUSSED NEXT, AS DOCUMENTED. • • REGULAR AGENDA REGULAR 603. Office Of The City Attorney And Office Of The City Manager And Parks And Recreation Department Director Present Information Regarding The Winter Springs Senior Center And The Winter Springs Senior Center, Inc. City Attorney Anthony A. Garganese introduced information related to this Agenda Item. Much discussion followed with Mr. Chuck Pula, Director, Parks and Recreation Department on everything being transparent and in good order; and the accountability of the Senior Center Manager, the Parks and Recreation Department Director and the City Manager and who they are directly responsible to; Audits, inventory and purchasing equipment; and who is supposed to do a required Audit; and insurance. Commissioner Jean Hovey mentioned to Attorney Garganese, "All PTA's (Parent- Teacher Associations) sign a Facility Use Agreement with the School system, whichever school they are going to use, and that might be something we could look at; and Anthony (Garganese), I could always get us a copy and email it." Further discussion followed on equipment and Audits. Commissioner Rick Brown suggested, "I would just want to make sure that we are covered from a liability perspective, since it is a separate organization." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 3 OF 20 Proof of insurance and that the City contributes to the Senior Center was addressed next. Deputy Mayor Joanne M. Krebs commented on costs and the Senior Center and the ~ Senior organization and suggested this relationship needed to be memorialized. Attorney :~ Garganese agreed and said, "How do you want this relationship to work going forward? Are we going to have separate membership events where - it is the Winter Springs Senior Center, Inc. membership events at that facility; are we going to have general open public ~~~ events; is it going to be a hybrid of the two (2); is it going to be one or the other? How ~ do you -want to structure that?" Q Ms. Susie Coffman, Senior Center Manager, Parks and Recreation Department addressed the City Commission and discussion followed on what is included in Membership Fees and what guests are entitled to. Mr. Pula added, "It is just being more specific about the senior activities and what you're paying for there and getting -compared to the City's activities that are included in the twenty-five dollar ($25.00) Fee, you only get City activities." Deputy Mayor Krebs suggested, "I want to sell my City and one of the things I want to sell is my Senior Center. And when somebody asks me questions or wants to move in - to the City and says what are the benefits and how do I get those benefits, we need something that really thoroughly explains without question, how to go about that." Discussion. Commissioner Gary Bonner spoke on the Memorandum from 1995 included in the Agenda Item, and thought this should be considered. Manager Smith suggested, "I think I am hearing the Commission say that we just need to memorialize all the things we talked about -and let Anthony (Garganese) and Staff come back to you with that Agreement at a future Meeting and give you a chance to take a look at it and we could obviously use this 1995 document as a guide; plus the other things that we have talked about tonight. That would be my recommendation Mayor." "I WOULD LIKE TO TURN WHAT THE CITY MANAGER JUST SUGGESTED INTO A MOTION AND MAKE THE MOTION THAT THE CITY MANAGER, CITY ATTORNEY, AND STAFF WERE TO MEMORIALIZE THE AGREEMENTS AND COME TO A COMMON UNDERSTANDING." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. COMMISSIONER BROWN ADDED, "AND BRING IT BACK FOR OUR REVIEW." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 4 OF 20 VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Deputy Mayor Krebs stated that she was presenting to the City Clerk for the Record, "Something that wasn't in this packet that I did find - it was from April 2004 regarding the Senior Center Rules, so that Anthony (Garganese) can take a look at it." • • AGENDA NOTE: THE FOLLOWING DISCUSSION RELATED TO THE ATTORNEY-CLIENT SESSION HELD PRIOR TO THIS REGULAR MEETING WAS HEARD NEXT. THE REST OF THE AGENDA FOLLOWS, AS DOCUMENTED. • • "FIRST MOTION WOULD BE - TO AUTHORIZE THE CITY MANAGER TO COMPETITIVELY BID THE COMPLETION OF THE JESUP'S RESERVE REPAIR WORK OUTLINED IN THE SCOPE OF WORK PREPARED BY THE CITY ENGINEER AND PRESENTED TO THE CITY COMMISSION DURING THE PREVIOUS ATTORNEY-CLIENT SESSION THIS EVENING." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH ADDED, "ESTIMATED COST IS ONE HUNDRED TWENTY- THREE THOUSAND, SIX HUNDRED AND FIFTEEN DOLLARS ($123,615.00)." DEPUTY MAYOR KREBS AND COMMISSIONER McGINNIS STATED, "RIGHT." VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. r-- sJ b t~ d CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 5 OF 20 "NOW THAT MOST OF THE CITY'S RESERVES PLACED IN THE SBA (STATE BOARD OF ADMINISTRATION) FUND HAVE BEEN RETURNED TO THE CITY, MOTION TO FUND THE JESUP'S RESERVE REPAIR WORK THROUGH THE USE OF GENERAL FUND RESERVES; WITH THE UNDERSTANDING THAT ANY FUNDS RECOVERED IN THE MAINTENANCE AND PERFORMANCE BOND LAWSUITS BE USED TO REPLENISH THE AMOUNT TAKEN FROM THE GENERAL FUND RESERVES TO FUND THE REPAIRS." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. "MOTION TO DIRECT THE CITY ATTORNEY TO FILE A LAWSUIT AGAINST LEXON INSURANCE COMPANY TO RECOVER APPLICABLE BOND PROCEEDS INCLUDING ATTORNEY'S FEES AND COSTS RELATED TO ANY AND ALL CLAIMS THAT THE CITY HAS AGAINST THE PERFORMANCE BONDS POSTED FOR THE JESUP'S RESERVE AND JESUP'S LANDING PROJECTS PREVIOUSLY APPROVED BY THE CITY COMMISSION." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. Attorney Garganese spoke on these cases. Tape 1/Side B ~!~ _. b t~ d Manager Smith said, "I would like to respond to those Property Owners with the action you have taken, if you think that is appropriate?" Mayor Bush stated, "That is a good idea." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 6 OF 20 •• AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA VOTE AND INFORMATIONAL AGENDA ITEMS WERE DISCUSSED NEXT, BUT NOT NECESSARILY IN THE ORDER DOCUMENTED. • • INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Proiects. Deputy Mayor Krebs commented on the Dittmer property and mentioned that the City Commission does not have access to the drive mentioned in the Agenda Item. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department said, "I will take care of that and make sure that you do have access to that historical information and those maps up on the drive." Further discussion followed on the Dittmer property and Mr. Stevenson noted, "We had one very preliminary meeting with someone who was looking to take that project over. We have not heard back from them at this point. It may have been something I should have included in terms of Staff contacts." Deputy Mayor Krebs suggested such contacts and related information could be included in future Agenda Items. Regarding the City Commission not having access to the City's drives, Mr. Stevenson noted, "We will try to get that resolved so that the Commission and the other people have access to this information. I will bring you up to speed at the next Meeting; if that's agreeable." Deputy Mayor Krebs stated, "Perfect." INFORMATIONAL 101. Finance Department Wishes To Inform The City Commission About Community Assistance Programs Offered In Seminole County. No discussion. INFORMATIONAL 102. Public Works Department - Stormwater Division Providing The City Commission An Update On The Florida Yards And Neighborhoods (FYN) Program. b t~ d There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 7 OF 20 INFORMATIONAL 103. Office Of The City Clerk Requesting That The City Commission Review The Information In This Agenda Item Related To A Change In The Official Meeting Day For The Beautification Of Winter Springs Board. This Agenda Item was not discussed. INFORMATIONAL 104. Office Of The City Manager And Chief Of Police Requesting That The City Commission Review The Information In This Agenda Item Related To A Ribbon Cutting Ceremony For The Mark A. Messeguer Community Service Center To Be Held On Monday, March 9, 2009. No discussion. INFORMATIONAL 105. Office Of The City Manager Informing The Commission Of The Agenda For The Upcoming Community Visioning Workshop. There was no discussion on this Agenda Item. "MOTION TO APPROVE" [INFORMATIONAL AGENDA]. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. ~~ t~ d ••3 AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE DISCUSSED NEXT, BUT NOT NECESSARILY IN THE ORDER DOCUMENTED. • • CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 8 OF 20 CONSENT AGENDA CONSENT 200. Public Works Department Requests City Commission Approval Of A Straw Ballot And Informational Sheet ~'Zy To Be Sent To Property Owners In The Ranchlands To Determine The Level Of Interest In Having The Existing Dirt Roads Paved. This Agenda Item was not discussed. CONSENT 201. Office Of The Mayor Requesting That The City Commission Approve The Attached Resolution 2009-16 Recognizing Former City Manager Ronald W. McLemore As Voted On At The February 9, 2009 City Commission Regular Meeting. No discussion. CONSENT 202. Community Development Department And Finance Department Requesting Approval For A Transfer Of Residual Equity From The Tuscawilla Lighting And Beautification District (TLBD) Phase II Improvements Fund (313) To The TLBD Phase II Debt Service Fund (213) And Approval To Apply Those Funds As A Principal Prepayment Toward The Debt Of The Phase II Capital Project. There was no discussion on this Agenda Item. CONSENT 203. Public Works Department Requesting The City Commission Approve The Magnolia Park Design Proposal. Discussion ensued with Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Departments on whether this could be completed within four (4) weeks. Deputy Mayor Krebs suggested to Mr. Lockcuff, "However you can make it happen, in four (4) weeks time." Mr. Lockcuff added, "We plan on making it happen." Deputy Mayor Krebs then explained, "This was really, really important to us, to get it done immediately." Manager Smith added, "It is and as Kip (Lockcuff) mentioned, we'll get it done." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 9 OF 20 CONSENT 204. Finance Department The Finance Department Requesting The Commission Approve Resolution No. (Number) 2009-17, Repealing Resolution No. (Number) 849 And Re-Establishing A Leak Adjustment Policy. ~"'ld ~_ Much discussion ensued with Ms. Michelle Greco, Director, Finance Department. Ms. Greco noted, "If this is approved tonight, we'll put the new Resolution in place of the old Resolution on the Website." Manager Smith added, "We will have it readily available." Commissioner Bonner commented, "It would be really terrific if this could be readily accessible by any customer so that anybody could understand what our Policy is and so that we as Commissioners could easily go to a location and be able to explain this to a citizen." CONSENT 205. Community Development Department - Urban Beautification Services Division Requesting Authorization For The City To Enter Into A Contract Agreement With Winding Hollow H.O.A. (Homeowner's Association) For The Installation Of Up To Thirty-Four (34) Decorative Street Signs Located Throughout The Winding Hollow Subdivision. This Agenda Item was Pulled for discussion later. CONSENT 206. Office Of The City Manager Requesting The Commission To Approve The Recommendation Of The Board Of Trustees Regarding Selection Of A New Broad Value Equity Manager For The City's Defined Benefit Pension Plan. This Agenda Item was not discussed. CONSENT 207. Public Works Department Requests The City Commission Review The Revised Final Engineering And Landscape Plans For The Proposed Northern Way Borrow Area, Located On The Tuscawilla Country Club Property On The North Side Of Northern Way West Of Shetland Avenue. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 10 OF 20 CONSENT 208. Utility Department Requesting Authorization To Hire Reynolds Inliner, LLC To Perform Sanitary Sewer Line And Manhole Rehab By Piggybacking Off Of The City Of St. Petersburg, Florida Contract. There was no discussion on this Agenda Item. ~"d CONSENT ~~ 209. Office Of The City Clerk Requesting Approval Of The February 9, 2009 Regular City Commission Meeting Minutes. This Agenda Item was not discussed. CONSENT 210. Office Of The City Clerk Requesting Approval Of The February 16, 2009 City Commission Workshop Minutes. No discussion was heard on this Agenda Item. "MOTION TO APPROVE" [CONSENT AGENDA, NOT INCLUDING CONSENT AGENDA ITEM `205' WHICH WAS PULLED FOR SEPARATE DISCUSSION AND VOTE]. MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. • • AGENDA NOTE: THE FOLLOWING AGENDA ITEM, PREVIOUSLY LISTED ON THE CONSENT AGENDA AS CONSENT AGENDA ITEM "205", WAS DISCUSSED NEXT, AS DOCUMENTED. • • CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 11 OF 20 FORMERLYLISTED ON THE CONSENT AGENDA Community Development Department -Urban Beautification Services Division Requesting Authorization For The City To Enter Into A Contract Agreement With Winding Hollow H.O.A. (Homeowner's Association) For The Installation Of Up To Thirty-Four (34) Decorative Street Signs Located Throughout The Winding Hollow Subdivision. Discussion followed with Mr. Steve Richart Urban Beautification Services Division Community Development Department. Mr. Mark Johnson, 1056 Winding Waters Circle, Winter Springs, Florida: spoke on behalf of the Homeowner's Association and noted their preference to not expend money for a Letter of Credit, but to purchase extra poles. Discussion. "MOTION TO APPROVE THE ABILITY - FOR THE HOMEOWNER'S ASSOCIATION TO PURCHASE A SET QUANTITY, NOT LESS THAN THREE (3) ADDITIONAL SIGNS AND SIGN POLES TO BE KEPT IN INVENTORY FOR REPLACEMENT IF NEEDED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MR. RICHART SPOKE OF STANDARDIZING THE SIGNS AND QUOTES. FURTHER DISCUSSION ENSUED ON THE SIGNS; VENDORS; STANDARDS; AND COMPETITION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Deputy Mayor Krebs then suggested, "I do think that Steve (Richart) needs direction so that he knows what the Policy is of this Commission as to, in the future should other communities come forward and want to do this that he has something to go on." Mayor Bush said to Mr. Richart, "What is the Policy?" Mr. Richart stated, "We have always gone and Bid all of our projects -when we do them." Mayor Bush noted, "The Policy is that we Bid them. Now, there is no Policy on restricting it to just two (2) options?" Commissioner Sally McGinnis remarked, "Correct." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 12 OF 20 Furthermore, Mayor Bush said, "Let's give Kevin (Smith) and Steve (Richart) a chance to come back with something on this." Mayor Bush asked, "Everybody in agreement with that?" Deputy Mayor Krebs stated, "I agree to that." Commissioner McGinnis said, "Yes." Commissioner Bonner nodded. No objections were noted. Mayor Bush called a Recess at 6: 57 p. m. The Regular Meeting reconvened at 7: 07 p. m. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor Presentation Of Resolution Number 2009-03 Honoring Donald A. Gilmore For His Distinguished Public Service And Contributions As A Member Of The City Of Winter Springs. This Resolution was not presented during this Meeting. AWARDS AND PRESENTATIONS 301. Office Of The Mayor Presenting A Proclamation Recognizing Multiple Sclerosis Awareness Week. This Proclamation was not read during this Meeting. Tape 2/Side A PUBLIC INPUT Mr. Mike Allen, 199 McLeod's Way, Winter Springs, Florida: thanked the Mayor and Members of the City Commission and the City Attorney for their response to his email and asked the City Manager how soon he could expect a schedule. Manager Smith said, "You should see something going on within the next thirty (30) days, maybe even closer to two (2) weeks." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 13 OF 20 Mr. Allen then asked for an email with a schedule and also inquired as to what is expected from the one hundred twenty-three thousand, six hundred and fifteen dollars ($123,615.00), so that he could advise the Homeowners. Manager Smith stated, "Sure. Be happy to." Mayor Bush added, "Brian (Fields), you can hel with that, ri ht?" Mr. Fields, P.E., Cit P g Y f•~ Engineer, Public Works Department addressed the City Commission and gave some information to Mr. Allen. REPORTS ~ REPORTS 400. Office Of The City Attorney -Anthony A. Garganese, Attorney Garganese advised the City Commission that he would need to have another Attorney-Client Session. With comments, it was suggested that this next Attorney-Client Session be held at 4:45 p.m. on March 23, 2009. Mayor Bush added, "Just put that on the Calendar then; and if it needs to be changed, Anthony (Garganese), you will let Andrea (Lorenzo-Luaces) know." Mayor Bush added, "4:45 p.m., on the 23`d" (of March 2009). REPORTS 401. Office Of The City Manager -Kevin L. Smith Manager Smith mentioned he wanted the Commission to know that "We are working on the `Did you know' project. Hope to have that back to you in very short order." Next, Manager Smith remarked that Staff had contacted the Owner of the Golf Course and stated, "Same status quo. No additional information, but we will continue to make periodic contact." Lastly, Manager Smith commented briefly on the Governor's proposed Budget. REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, MMC City Clerk Andrea Lorenzo-Luaces spoke of this Thursday's Community Visioning Meeting and asked "Is it okay if we have refreshments for your residents?" Deputy Mayor Krebs stated, "Yes, I think you should." City Clerk Lorenzo-Luaces suggested, CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 14 OF 20 "Coffee and cookies." Commissioner McGinnis stated, "Good." No objections were voiced. Secondly, City Clerk Lorenzo-Luaces noted that Saturday, March 21St, (2009) is the all day Goal Setting Workshop for the City Commission and Staff and asked about the working lunch scheduled for that day. Brief discussion. "I MOVE THAT WE PROVIDE LUNCH FOR THE ATTENDEES." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: NAY MOTION CARRIED. Mayor Bush mentioned he would not be able to attend due to a family event. REPORTS 403. Commission Seat Five/Deputy Mayor -Joanne M. Krebs Deputy Mayor Krebs spoke of getting with the Agencies related to the Conservation Easement. Manager Smith said, "I will have to get back to you." Much discussion ensued on options, partnering, and getting the Owner to the table. Mayor Bush said, "I think the Commission has asked the Manager, not this one, but the previous one, to come back with some more information; so -Anthony (Garganese) just said that; so I think Kevin (Smith) needs to do that. Manager Smith stated, "And he will." REPORTS 404. Office Of The Mayor -John F. Bush Mayor Bush brought up the event mentioned by Paul Partyka early in this Meeting and asked if anyone would want to attend. Commissioner Hovey said she was attending for the PTA (Parent-Teacher Association). No one said that they could attend the Tallahassee event. b O ~C.7' Mayor Bush said to City Clerk Lorenzo-Luaces, "Will you let Mr. Partyka know that we will not have a representative." City Clerk Lorenzo-Luaces responded, "Yes." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE I S OF 20 Mayor Bush mentioned he had asked the City Clerk to get some information related to school supplies to possibly assist Winter Springs students. Discussion ensued on which schools in Seminole County have Winter Springs residents attending. Continuing, Mayor Bush noted that the City Clerk had some information she had researched for him and said, "Send that to everybody Andrea (Lorenzo-Luaces) and then ~„~ check with the other schools. Deputy Mayor Krebs asked Mayor Bush how he thought they should proceed. Mayor Bush stated, "I think we need to look at what they are asking for and what it costs and ~°~- how much they need and then we decide if we want to do something." Deputy Mayor ~ Krebs stated, "Okay." Commissioner McGinnis added, "Okay, that is fine." No objections were voiced. REPORTS 405. Commission Seat One -Jean Hovey Commissioner Hovey commented on the Winter Springs Babe Ruth event held this past weekend and what a great Event it was. Next, Commissioner Hovey commented on a Relay for Life Event to be held May 1 - 2 and noted they are looking for team members. A letter from resident Chuck Jenkins was mentioned by Commissioner Hovey. Brief discussion. REPORTS 406. Commission Seat Two -Rick Brown Commissioner Brown commented that members of the City of Oviedo City Council had challenged the City of Winter Springs to a Golf outing. Commissioner Bonner stated, "I am in." Mayor Bush remarked, "I will play." Commissioner Brown added, "'I will let them know that we're interested." Commissioner Brown spoke of supporting the Chamber of Commerce and mentioned that the local Chamber might be interested in forming a Political Committee and thought that that was potentially divisive. Mayor Bush noted, "Maybe Mr. (Charles) Lacey will take that back to the Chamber (of Commerce)." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 16 OF 20 REPORTS 407. Commission Seat Three -Gary Bonner Commissioner Bonner also noted that he enjoyed the Winter Springs Babe Ruth Event ~~- and complimented the great turn-out from the entire City Commission, the City Manager, and the Parks and Recreation Department. Furthermore, Commissioner Bonner added, "A great showing for our community, so, my hat is off to you all." ~ °~"" Next, Commissioner Bonner briefly addressed an email to Attorney Garganese related to ,,~,,~~,,,~ the parking process. ~`` '`'`Y"~ REPORTS 408. Commission Seat Four -Sally McGinnis Commissioner McGinnis spoke favorably about the recent Father-Daughter Dance and suggested everyone attend next year. Commissioner McGinnis added, "Chris (Carson) was there - he did a wonderful job!" PUBLIC INPUT There was no Public Input at this time. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Manager Requesting The Commission To Consider Approval Of Second And Final Reading Of Ordinance 2009-01 To Implement The Recommendation Of The Board Of Trustees Regarding The Payment Of Pension-Related Administrative Expenses. 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 17 OF 20 "MOTION TO APPROVE" [SECOND AND FINAL READING OF ORDINANCE 2009-01]. MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. •• AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM "601" WAS DISCUSSED NEXT, AS NOTED. • • REGULAR AGENDA REGULAR 601. Office Of The City Manager And Finance Department Requesting The Commission Approve Resolution No. (Number) 2009-18 Adopting A Revised Investment Policy Authored By PFM Asset Management LLC. Mr. Steven Alexander, Managing Director, CTP, CGFO, The PFM Group, 300 South Orange Avenue, Suite 1170, Orlando, Florida: addressed the City Commission. Discussion. "I MOVE TO ADOPT RESOLUTION 2009-18." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Manager Smith said, "We will move forward now with our Investment practices consistent with this new Policy." Further comments. • • AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. • • CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 18 OF 20 REGULAR AGENDA REGULAR 600. Office Of The City Manager Requesting The Commission To Provide Direction For Procuring A Firm To Perform Forensic Auditing Services For The City. °"Cy Manager Smith introduced this Agenda Item. .Fe~ "~...~ Discussion ensued on an hourly rate and out of-pocket expenses; and another potential option. "I MAKE A MOTION THAT WE FOLLOW THE SECOND." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. COMMISSIONER BONNER STATED, "MY ONLY POINT OF DISCUSSION WOULD BE THAT THIS DOES NOT OBLIGATE US TO PHASE 2 PRIOR TO US HAVING A DISCUSSION ABOUT TAKING THAT STEP?" MANAGER SMITH COMMENTED, "YOU ARE CORRECT SIR." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. REGULAR 602. Not Used. REGULAR 604. Office Of The City Attorney Presents A General Overview Regarding Several Provisions Of Florida Law Specifically Applicable To Municipal Economic Development Incentives. Attorney Garganese introduced this Agenda Item for discussion. Tape 2/Side B CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 19 OF 20 Attorney Garganese mentioned an Ad Valorem Tax Exemption and suggested, "It is an important tool that you may want to consider. You would be required to Adopt an Ordinance calling for a Referendum at some point in the future. At the appropriate time, that question gets put on the Ballot and the Voters get to Vote on it. And, if they grant the authority, it's for ten (10) years." DISCUSSION FOLLOWED ON AN URBAN INFILL DISTRICT AND A RELATED DATA ANALYSIS. I SUPPORT THE RECOMMENDATIONS AND -MOVE THAT WE APPROVE IT." MOTION BY COMMISSIONER McGINNIS. COMMISSIONER McGINNIS ADDED, "DIRECT AN ORDINANCE BE PREPARED." MAYOR BUSH NOTED, "THE MOTION IS TO APPROVE BOTH THE RECOMMENDATIONS THAT ANTHONY WENT THROUGH; 1. AND 2. THERE ON PAGE 7." SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. • • AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORTS WERE HEARD NEXT, AS DOCUMENTED. • • REPORTS REPORTS 403. Commission Seat Five/Deputy Mayor -Joanne M. Krebs Deputy Mayor Krebs again addressed the previous discussion on the Conservation Easement and suggested, "Suppose there was an opportunity to keep something forever, something given to us that perhaps it involved moving part of an Easement, but we get everything we wanted, which is the jewel that that Golf Course is." ~-d "1d d Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 20 OF 20 REPORTS 404. Office Of The Mavor -John F. Bush Mayor Bush further commented on a possible Political Committee affiliated with the local Chamber of Commerce and said to Commissioner Brown, "If they restricted their activities not to include the City, City politics, do you care?" Commissioner Brown responded by saying, "No." s~~ Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: commented as a citizen and spoke of a recent Vote and indecision related to this matter. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:04 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, MMC CITY CLERK APPROVED: MAYOR JOHN F. BUSH NOTE: These Minutes were approved at the , 2009 Regular City Commission Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING FEBRUARY 23, 2009 CALL TO ORDER The Regular Meeting of Monday, February 23, 2009 of the City Commission was called to Order by Mayor John F. Bush at 5:36 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 Joanne M. Krebs, present Commissioner Jean Hovey, present Commissioner Rick Brown, present Commissioner Gary Bonner, present Commissioner Sally McGinnis, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. • • AGENDA NOTE: THE FOLLOWING PUBLIC INPUT WAS HELD NEXT, FOLLOWED BY THE REST OF THE AGENDA AS DOCUMENTED. .;..;. PUBLIC INPUT Mr. Paul Partyka, 249 Solaris Wharf Street, Winter Springs, Florida: commented that the City could have someone attend a March event in Tallahassee with the Oviedo- Winter Springs Regional Chamber of Commerce; and also spoke about a March 13, 2009 Seminole County Chamber of Commerce Event. • • AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS WERE PRESENTED NEXT, FOLLOWED BY THE REST OF THE AGENDA AS NOTED. • • CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 2 OF 20 AWARDS AND PRESENTATIONS Mayor Bush, accompanied by the City Commission and City Manager Kevin L. Smith presented a Proclamation in honor of City employee Christopher Carson for his efforts with the "Community Events Committee". Proclamations were then presented to members of the "Community Events Committee" - Mary Alice Wilder; Jeff Aames; April Bonadonna; Pamela Carroll; Kim Coburn; Debra Fisher; Matt Herba; Steve Lezak; Mary Munjed; Arnie Nussbaum; Brantley Tillis; J.T. Tsaldaris; Michael Welch; Dawn Winebrenner; and Christopher Carson. • • AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM "603" WAS DISCUSSED NEXT, AS DOCUMENTED. • • REGULAR AGENDA REGULAR 603. Office Of The City Attorney And Office Of The City Manager And Parks And Recreation Department Director Present Information Regarding The Winter Springs Senior Center And The Winter Springs Senior Center, Inc. City Attorney Anthony A. Garganese introduced information related to this Agenda Item. Much discussion followed with Mr. Chuck Pula, Director, Parks and Recreation Department on everything being transparent and in good order; and the accountability of the Senior Center Manager, the Parks and Recreation Department Director and the City Manager and who they are directly responsible to; Audits, inventory and purchasing equipment; and who is supposed to do a required Audit; and insurance. Commissioner Jean Hovey mentioned to Attorney Garganese, "All PTA's (Parent- Teacher Associations) sign a Facility Use Agreement with the School system, whichever school they are going to use, and that might be something we could look at; and Anthony (Garganese), I could always get us a copy and email it." Further discussion followed on equipment and Audits. Commissioner Rick Brown suggested, "I would just want to make sure that we are covered from a liability perspective, since it is a separate organization." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 3 OF 20 Proof of insurance and that the City contributes to the Senior Center was addressed next. Deputy Mayor Joanne M. Krebs commented on costs and the Senior Center and the Senior organization and suggested this relationship needed to be memorialized. Attorney Garganese agreed and said, "How do you want this relationship to work going forward? Are we going to have separate membership events where - it is the Winter Springs Senior Center, Inc. membership events at that facility; are we going to have general open public events; is it going to be a hybrid of the two (2); is it going to be one or the other? How do you -want to structure that?" Ms. Susie Coffman, Senior Center Manager, Parks and Recreation Department addressed the City Commission and discussion followed on what is included in Membership Fees and what guests are entitled to. Mr. Pula added, "It is just being more specific about the senior activities and what you're paying for there and getting -compared to the City's activities that are included in the twenty-five dollar ($25.00) Fee, you only get City activities." Deputy Mayor Krebs suggested, "I want to sell my City and one of the things I want to sell is my Senior Center. And when somebody asks me questions or wants to move in - to the City and says what are the benefits and how do I get those benefits, we need something that really thoroughly explains without question, how to go about that." Discussion. Commissioner Gary Bonner spoke on the Memorandum from 1995 included in the Agenda Item, and thought this should be considered. Manager Smith suggested, "I think I am hearing the Commission say that we just need to memorialize all the things we talked about -and let Anthony (Garganese) and Staff come back to you with that Agreement at a future Meeting and give you a chance to take a look at it and we could obviously use this 1995 document as a guide; plus the other things that we have talked about tonight. That would be my recommendation Mayor." "I WOULD LIKE TO TURN WHAT THE CITY MANAGER JUST SUGGESTED INTO A MOTION AND MAKE THE MOTION THAT THE CITY MANAGER, CITY ATTORNEY, AND STAFF WERE TO MEMORIALIZE THE AGREEMENTS AND COME TO A COMMON UNDERSTANDING." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. COMMISSIONER BROWN ADDED, "AND BRING IT BACK FOR OUR REVIEW." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 4 OF 20 VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Deputy Mayor Krebs stated that she was presenting to the City Clerk for the Record, "Something that wasn't in this packet that I did find - it was from April 2004 regarding the Senior Center Rules, so that Anthony (Garganese) can take a look at it." • • AGENDA NOTE: THE FOLLOWING DISCUSSION RELATED TO THE ATTORNEY-CLIENT SESSION HELD PRIOR TO THIS REGULAR MEETING WAS HEARD NEXT. THE REST OF THE AGENDA FOLLOWS, AS DOCUMENTED. • • "FIRST MOTION WOULD BE - TO AUTHORIZE THE CITY MANAGER TO COMPETITIVELY BID THE COMPLETION OF THE JESUP'S RESERVE REPAIR WORK OUTLINED IN THE SCOPE OF WORK PREPARED BY THE CITY ENGINEER AND PRESENTED TO THE CITY COMMISSION DURING THE PREVIOUS ATTORNEY-CLIENT SESSION THIS EVENING." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH ADDED, "ESTIMATED COST IS ONE HUNDRED TWENTY- THREE THOUSAND, SIX HUNDRED AND FIFTEEN DOLLARS ($123,615.00)." DEPUTY MAYOR KREBS AND COMMISSIONER McGINNIS STATED, "RIGHT." VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 5 OF 20 "NOW THAT MOST OF THE CITY'S RESERVES PLACED IN THE SBA (STATE BOARD OF ADMINISTRATION) FUND HAVE BEEN RETURNED TO THE CITY, MOTION TO FUND THE JESUP'S RESERVE REPAIR WORK THROUGH THE USE OF GENERAL FUND RESERVES; WITH THE UNDERSTANDING THAT ANY FUNDS RECOVERED IN THE MAINTENANCE AND PERFORMANCE BOND LAWSUITS BE USED TO REPLENISH THE AMOUNT TAKEN FROM THE GENERAL FUND RESERVES TO FUND THE REPAIRS." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. "MOTION TO DIRECT THE CITY ATTORNEY TO FILE A LAWSUIT AGAINST LEXON INSURANCE COMPANY TO RECOVER APPLICABLE BOND PROCEEDS INCLUDING ATTORNEY'S FEES AND COSTS RELATED TO ANY AND ALL CLAIMS THAT THE CITY HAS AGAINST THE PERFORMANCE BONDS POSTED FOR THE JESUP'S RESERVE AND JESUP'S LANDING PROJECTS PREVIOUSLY APPROVED BY THE CITY COMMISSION." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. Attorney Garganese spoke on these cases. Tape 1/Side B Manager Smith said, "I would like to respond to those Property Owners with the action you have taken, if you think that is appropriate?" Mayor Bush stated, "That is a good idea." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 6 OF 20 •S •S AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA VOTE AND INFORMATIONAL AGENDA ITEMS WERE DISCUSSED NEXT, BUT NOT NECESSARILY IN THE ORDER DOCUMENTED. • • INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Deputy Mayor Krebs commented on the Dittmer property and mentioned that the City Commission does not have access to the drive mentioned in the Agenda Item. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department said, "I will take care of that and make sure that you do have access to that historical information and those maps up on the drive." Further discussion followed on the Dittmer property and Mr. Stevenson noted, "We had one very preliminary meeting with someone who was looking to take that project over. We have not heard back from them at this point. It may have been something I should have included in terms of Staff contacts." Deputy Mayor Krebs suggested such contacts and related information could be included in future Agenda Items. Regarding the City Commission not having access to the City's drives, Mr. Stevenson noted, "We will try to get that resolved so that the Commission and the other people have access to this information. I will bring you up to speed at the next Meeting; if that's agreeable." Deputy Mayor Krebs stated, "Perfect." INFORMATIONAL 101. Finance Department Wishes To Inform The City Commission About Community Assistance Programs Offered In Seminole County. No discussion. INFORMATIONAL 102. Public Works Department - Stormwater Division Providing The City Commission An Update On The Florida Yards And Neighborhoods (FYN) Program. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 7 OF 20 INFORMATIONAL 103. Office Of The City Clerk Requesting That The City Commission Review The Information In This Agenda Item Related To A Change In The Official Meeting Day For The Beautification Of Winter Springs Board. This Agenda Item was not discussed. INFORMATIONAL 104. Office Of The City Manager And Chief Of Police Requesting That The City Commission Review The Information In This Agenda Item Related To A Ribbon Cutting Ceremony For The Mark A. Messeguer Community Service Center To Be Held On Monday, March 9, 2009. No discussion. INFORMATIONAL 105. Office Of The City Manager Informing The Commission Of The Agenda For The Upcoming Community Visioning Workshop. There was no discussion on this Agenda Item. "MOTION TO APPROVE" [INFORMATIONAL AGENDA]. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. •• AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE DISCUSSED NEXT, BUT NOT NECESSARILY IN THE ORDER DOCUMENTED. • • CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 8 OF 20 CONSENT AGENDA CONSENT 200. Public Works Department Requests City Commission Approval Of A Straw Ballot And Informational Sheet To Be Sent To Property Owners In The Ranchlands To Determine The Level Of Interest In Having The Existing Dirt Roads Paved. This Agenda Item was not discussed. CONSENT 201. Office Of The Mayor Requesting That The City Commission Approve The Attached Resolution 2009-16 Recognizing Former City Manager Ronald W. McLemore As Voted On At The February 9, 2009 City Commission Regular Meeting. No discussion. CONSENT 202. Community Development Department And Finance Department Requesting Approval For A Transfer Of Residual Equity From The Tuscawilla Lighting And Beautification District (TLBD) Phase II Improvements Fund (313) To The TLBD Phase II Debt Service Fund (213) And Approval To Apply Those Funds As A Principal Prepayment Toward The Debt Of The Phase II Capital Project. There was no discussion on this Agenda Item. CONSENT 203. Public Works Department Requesting The City Commission Approve The Magnolia Park Design Proposal. Discussion ensued with Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Departments on whether this could be completed within four (4) weeks. Deputy Mayor Krebs suggested to Mr. Lockcuff, "However you can make it happen, in four (4) weeks time." Mr. Lockcuff added, "We plan on making it happen." Deputy Mayor Krebs then explained, "This was really, really important to us, to get it done immediately." Manager Smith added, "It is and as Kip (Lockcuff) mentioned, we'll get it done." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 9 OF 20 CONSENT 204. Finance Department The Finance Department Requesting The Commission Approve Resolution No. (Number) 2009-17, Repealing Resolution No. (Number) 849 And Re-Establishing A Leak Adjustment Policv. Much discussion ensued with Ms. Michelle Greco, Director, Finance Department. Commissioner Bonner commented, "It would be really terrific if this could be readily accessible by any customer so that anybody could understand what our Policy is and so that we as Commissioners could easily go to a location and be able to explain this to a citizen." Ms. Greco noted, "If this is approved tonight, we'll put the new Resolution in place of the old Resolution on the Website." Manager Smith added, "We will have it readily available." CONSENT 205. Community Development Department - Urban Beautification Services Division Requesting Authorization For The City To Enter Into A Contract Agreement With Winding Hollow H.O.A. (Homeowner's Association) For The Installation Of Up To Thirty-Four (34) Decorative Street Signs Located Throughout The Winding Hollow Subdivision. This Agenda Item was Pulled for discussion later. CONSENT 206. Office Of The City Manager Requesting The Commission To Approve The Recommendation Of The Board Of Trustees Regarding Selection Of A New Broad Value Equity Manager For The City's Defined Benefit Pension Plan. This Agenda Item was not discussed. CONSENT 207. Public Works Department Requests The City Commission Review The Revised Final Engineering And Landscape Plans For The Proposed Northern Way Borrow Area, Located On The Tuscawilla Country Club Property On The North Side Of Northern Way West Of Shetland Avenue. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 10 OF 20 CONSENT 208. Utility Department Requesting Authorization To Hire Reynolds Inliner, LLC To Perform Sanitary Sewer Line And Manhole Rehab By Piggybacking Off Of The City Of St. Petersburg, Florida Contract. There was no discussion on this Agenda Item. CONSENT 209. Office Of The City Clerk Requesting Approval Of The February 9, 2009 Regular City Commission Meeting Minutes. This Agenda Item was not discussed. CONSENT 210. Office Of The City Clerk Requesting Approval Of The February 16, 2009 City Commission Workshop Minutes. No discussion was heard on this Agenda Item. "MOTION TO APPROVE" [CONSENT AGENDA, NOT INCLUDING CONSENT AGENDA ITEM `205' WHICH WAS PULLED FOR SEPARATE DISCUSSION AND VOTE]. MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. • • AGENDA NOTE: THE FOLLOWING AGENDA ITEM, PREVIOUSLY LISTED ON THE CONSENT AGENDA AS CONSENT AGENDA ITEM "205", WAS DISCUSSED NEXT, AS DOCUMENTED. • • CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 1 I OF 20 FORMERL Y LISTED ON THE CONSENT AGENDA Community Development Department -Urban Beautification Services Division Requesting Authorization For The City To Enter Into A Contract Agreement With Winding Hollow H.O.A. (Homeowner's Association) For The Installation Of Up To Thirty-Four (34) Decorative Street Signs Located Throughout The Winding Hollow Subdivision. Discussion followed with Mr. Steve Richart, Urban Beautification Services Division, Community Development Department. Mr. Mark Johnson, 1056 Winding Waters Circle, Winter Springs, Florida: spoke on behalf of the Homeowner's Association and noted their preference to not expend money for a Letter of Credit, but to purchase extra poles. Discussion. "MOTION TO APPROVE THE ABILITY - FOR THE HOMEOWNER'S ASSOCIATION TO PURCHASE A SET QUANTITY, NOT LESS THAN THREE (3) ADDITIONAL SIGNS AND SIGN POLES TO BE KEPT IN INVENTORY FOR REPLACEMENT IF NEEDED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MR. RICHART SPOKE OF STANDARDIZING THE SIGNS AND QUOTES. FURTHER DISCUSSION ENSUED ON THE SIGNS; VENDORS; STANDARDS; AND COMPETITION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Deputy Mayor Krebs then suggested, "I do think that Steve (Richart) needs direction so that he knows what the Policy is of this Commission as to, in the future should other communities come forward and want to do this that he has something to go on." Mayor Bush said to Mr. Richart, "What is the Policy?" Mr. Richart stated, "We have always gone and Bid all of our projects -when we do them." Mayor Bush noted, "The Policy is that we Bid them. Now, there is no Policy on restricting it to just two (2) options?" Commissioner Sally McGinnis remarked, "Correct." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 12 OF 20 Furthermore, Mayor Bush said, "Let's give Kevin (Smith) and Steve (Richart) a chance to come back with something on this." Mayor Bush asked, "Everybody in agreement with that?" Deputy Mayor Krebs stated, "I agree to that." Commissioner McGinnis said, "Yes." Commissioner Bonner nodded. No objections were noted. Mayor Bush called a Recess at 6.•57 p. m. The Regular Meeting reconvened at 7: 07 p. m. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor Presentation Of Resolution Number 2009-03 Honoring Donald A. Gilmore For His Distinguished Public Service And Contributions As A Member Of The City Of Winter Springs. This Resolution was not presented during this Meeting. AWARDS AND PRESENTATIONS 301. Office Of The Mayor Presenting A Proclamation Recognizing Multiple Sclerosis Awareness Week. This Proclamation was not read during this Meeting. Tape 2/Side A PUBLIC INPUT Mr. Mike Allen, 199 McLeod's Way, Winter Springs, Florida: thanked the Mayor and Members of the City Commission and the City Attorney for their response to his email and asked the City Manager how soon he could expect a schedule. Manager Smith said, "You should see something going on within the next thirty (30) days, maybe even closer to two (2) weeks." CITY OF W[NTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 13 OF 20 Mr. Allen then asked for an email with a schedule and also inquired as to what is expected from the one hundred twenty-three thousand, six hundred and fifteen dollars ($123,615.00), so that he could advise the Homeowners. Manager Smith stated, "Sure. Be happy to." Mayor Bush added, "Brian (Fields), you can help with that, right?" Mr. Fields, P.E., City Engineer, Public Works Department addressed the City Commission and gave some information to Mr. Allen. REPORTS REPORTS 400. Office Of The City Attorney -Anthony A. Garganese, Esquire Attorney Garganese advised the City Commission that he would need to have another Attorney-Client Session on a Case entitled, "Anderson Coachworks versus City of Winter Springs". With comments, it was suggested that this next Attorney-Client Session be held at 4:45 p.m. on March 23, 2009. Mayor Bush added, "Just put that on the Calendar then; and if it needs to be changed, Anthony (Garganese), you will let Andrea (Lorenzo-Luaces) know." Mayor Bush added, "4:45 p.m., on the 23rd" (of March 2009). REPORTS 401. Office Of The City Manager -Kevin L. Smith Manager Smith mentioned he wanted the Commission to know that "We are working on the `Did you know' project. Hope to have that back to you in very short order." Next, Manager Smith remarked that Staff had contacted the Owner of the Golf Course and stated, "Same status quo. No additional information, but we will continue to make periodic contact." Lastly, Manager Smith commented briefly on the Governor's proposed Budget. REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, MMC City Clerk Andrea Lorenzo-Luaces spoke of this Thursday's Community Visioning Meeting and asked "Is it okay if we have refreshments for your residents?" Deputy Mayor Krebs stated, "Yes, I think you should." City Clerk Lorenzo-Luaces suggested, "Coffee and cookies." Commissioner McGinnis stated, "Good." No objections were voiced. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 14 OF 20 "Coffee and cookies." Commissioner McGinnis stated, "Good." No objections were voiced. Secondly, City Clerk Lorenzo-Luaces noted that Saturday, March 21St, (2009) is the all day Goal Setting Workshop for the City Commission and Staff and asked about the working lunch scheduled for that day. Brief discussion. "I MOVE THAT WE PROVIDE LUNCH FOR THE ATTENDEES." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: NAY MOTION CARRIED. Mayor Bush mentioned he would not be able to attend due to a family event. REPORTS 403. Commission Seat Five/Deputy Mayor -Joanne M. Krebs Deputy Mayor Krebs spoke of getting with the Agencies related to the Conservation Easement. Manager Smith said, "I will have to get back to you." Much discussion ensued on options, partnering, and getting the Owner to the table. Mayor Bush said, "I think the Commission has asked the Manager, not this one, but the previous one, to come back with some more information; so -Anthony (Garganese) just said that; so I think Kevin (Smith) needs to do that. Manager Smith stated, "And he will." REPORTS 404. Office Of The Mayor -John F. Bush Mayor Bush brought up the event mentioned by Paul Partyka early in this Meeting and asked if anyone would want to attend. Commissioner Hovey said she was attending for the PTA (Parent-Teacher Association). No one said that they could attend the Tallahassee event. Mayor Bush said to City Clerk Lorenzo-Luaces, "Will you let Mr. Partyka know that we will not have a representative." City Clerk Lorenzo-Luaces responded, "Yes." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE I S OF 20 Mayor Bush mentioned he had asked the City Clerk to get some information related to school supplies to possibly assist Winter Springs students. Discussion ensued on which schools in Seminole County have Winter Springs residents attending. Continuing, Mayor Bush noted that the City Clerk had some information she had researched for him and said, "Send that to everybody Andrea (Lorenzo-Luaces) and then check with the other schools. Deputy Mayor Krebs asked Mayor Bush how he thought they should proceed. Mayor Bush stated, "I think we need to look at what they are asking for and what it costs and how much they need and then we decide if we want to do something." Deputy Mayor Krebs stated, "Okay." Commissioner McGinnis added, "Okay, that is fine." No objections were voiced. REPORTS 405. Commission Seat One -Jean H Commissioner Hovey commented on the Winter Springs Babe Ruth event held this past weekend and what a great Event it was. Next, Commissioner Hovey commented on a Relay for Life Event to be held May 1 - 2 and noted they are looking for team members. A letter from resident Chuck Jenkins was mentioned by Commissioner Hovey. Brief discussion. REPORTS 406. Commission Seat Two -Rick Brown Commissioner Brown commented that members of the City of Oviedo City Council had challenged the City of Winter Springs to a Golf outing. Commissioner Bonner stated, "I am in." Mayor Bush remarked, "I will play." Commissioner Brown added, "'I will let them know that we're interested." Commissioner Brown spoke of supporting the Chamber of Commerce and mentioned that the local Chamber might be interested in forming a Political Committee and thought that that was potentially divisive. Mayor Bush noted, "Maybe Mr. (Charles) Lacey will take that back to the Chamber (of Commerce)." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 16 OF 20 REPORTS 407. Commission Seat Three - Garv Bonner Commissioner Bonner also noted that he enjoyed the Winter Springs Babe Ruth Event and complimented the great turn-out from the entire City Commission, the City Manager, and the Parks and Recreation Department. Furthermore, Commissioner Bonner added, "A great showing for our community, so, my hat is off to you all." Next, Commissioner Bonner briefly addressed an email to Attorney Garganese related to the parking process. REPORTS 408. Commission Seat Four -Sally McGinnis Commissioner McGinnis spoke favorably about the recent Father-Daughter Dance and suggested everyone attend next year. Commissioner McGinnis added, "Chris (Carson) was there - he did a wonderful job!" PUBLIC INPUT There was no Public Input at this time. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Manager Requesting The Commission To Consider Approval Of Second And Final Reading Of Ordinance 2009-01 To Implement The Recommendation Of The Board Of Trustees Regarding The Payment Of Pension-Related Administrative Expenses. 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 17 OF 20 "MOTION TO APPROVE" [SECOND AND FINAL READING OF ORDINANCE 2009-01]. MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. • • AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM "601" WAS DISCUSSED NEXT, AS NOTED. • • REGULAR AGENDA REGULAR 601. Office Of The City Manager And Finance Department Requesting The Commission Approve Resolution No. (Number) 2009-18 Adopting A Revised Investment Policy Authored By PFM Asset Management LLC. Mr. Steven Alexander, Managing Director, CTP, CGFO, The PFM Group, 300 South Orange Avenue, Suite 1170, Orlando, Florida: addressed the City Commission. Discussion. "I MOVE TO ADOPT RESOLUTION 2009-18." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Manager Smith said, "We will move forward now with our Investment practices consistent with this new Policy." Further comments. •• AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. • • CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 18 OF 20 REGULAR AGENDA REGULAR 600. Office Of The City Manager Requesting The Commission To Provide Direction For Procuring A Firm To Perform Forensic Auditing Services For The City. Manager Smith introduced this Agenda Item. Discussion ensued on an hourly rate and out of-pocket expenses; and another potential option. "I MAKE A MOTION THAT WE FOLLOW THE SECOND." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. COMMISSIONER BONNER STATED, "MY ONLY POINT OF DISCUSSION WOULD BE THAT THIS DOES NOT OBLIGATE US TO PHASE 2 PRIOR TO US HAVING A DISCUSSION ABOUT TAKING THAT STEP?" MANAGER SMITH COMMENTED, "YOU ARE CORRECT SIR." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. REGULAR 602. Not Used. REGULAR 604. Office Of The City Attorney Presents A General Overview Regarding Several Provisions Of Florida Law Specifically Applicable To Municipal Economic Development Incentives. Attorney Garganese introduced this Agenda Item for discussion. Tape 2/Side B CITY OF W[NTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 19 OF 20 Attorney Garganese mentioned an Ad Valorem Tax Exemption and suggested, "It is an important tool that you may want to consider. You would be required to Adopt an Ordinance calling for a Referendum at some point in the future. At the appropriate time, that question gets put on the Ballot and the Voters get to Vote on it. And, if they grant the authority, it's for ten (10) years." DISCUSSION FOLLOWED ON AN URBAN INFILL DISTRICT AND A RELATED DATA ANALYSIS. I SUPPORT THE RECOMMENDATIONS AND -MOVE THAT WE APPROVE IT." MOTION BY COMMISSIONER McGINNIS. COMMISSIONER McGINNIS ADDED, "DIRECT AN ORDINANCE BE PREPARED." MAYOR BUSH NOTED, "THE MOTION IS TO APPROVE BOTH THE RECOMMENDATIONS THAT ANTHONY WENT THROUGH; 1. AND 2. THERE ON PAGE 7." SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. •• AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORTS WERE HEARD NEXT, AS DOCUMENTED. • • REPORTS REPORTS 403. Commission Seat Five/Deputy Mayor -Joanne M. Krebs Deputy Mayor Krebs again addressed the previous discussion on the Conservation Easement and suggested, "Suppose there was an opportunity to keep something forever, something given to us that perhaps it involved moving part of an Easement, but we get everything we wanted, which is the jewel that that Golf Course is." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 23, 2009 PAGE 20 OF 20 REPORTS 404. Office Of The Mavor -John F. Bush Mayor Bush further commented on a possible Political Committee affiliated with the local Chamber of Commerce and said to Commissioner Brown, "If they restricted their activities not to include the City, City politics, do you care?" Commissioner Brown responded by saying, "No." Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: commented as a citizen and spoke of a recent Vote and indecision related to this matter. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:04 p.m. RESPECTFULLY SUBMITTED: f y j ,~ /` ~ . AN A LORENZO-LUACES, MMC CIT CLERK APPROVED: ~~ YnR JCtHN F. BUSH NOTE: These Minutes were approved at the March 9, 2009 Regular City Commission Mee[ing.