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HomeMy WebLinkAbout2009 07 27 Consent 211 Approval of 2009 07 13 Regular MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JULY 13, 2009 CALL TO ORDER The Regular Meeting of Monday, July 13, 2009 of the City Commission was called to Order by Deputy Mayor Joanne M. Krebs at 5:15 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 Joanne M. Krebs, present Commissioner Jean Hovey, present Commissioner Rick Brown, present via telephone Commissioner Gary Bonner, present Commissioner Sally McGinnis, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. Discussion. • • AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS WERE HELD FIRST, FOLLOWED BY THE REST OF THE AGENDA. • • AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The City Manager And Office Of The Police Chief Presenting To The Mayor And City Commission The Following Awards And Commendations From The Winter Springs Police Department: "Civilian Employee Of The Year"; "Mark Messeguer Community Service Award"; "Citizen Certificate Of Appreciation"; "Officer Meritorious Action"; "Life Saving Award"; And "Field Training Officer Of The Year". .~r: _.x ~_~ ~ ~_ .__ T,1 ._: a i 1_. .:.1 . -;~f ~~..: ~) ,: ~~ :~a ~,., ~ ~.~ ~:,,. ..;~-1 City Manager Kevin L. Smith, Chief of Police Kevin Brunelle, and the City Commission presented the following Awards and Commendations from the Police Department: CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 13, 2009 PAGE 2 OF 18 Winter Springs Police Department's "Citizen Certificate of Appreciation" -presented to Mr. Kenneth Dean and Mr. Justin Garber. Winter Springs Police Department's "Citizen Certificate of Appreciation" -presented to Mr. David Lehman. ~~.~~ ; ~.~~ Winter Springs Police Departments Civilian Employee Of The Year presented to Ms. :~,;.,.,__~ ~ ~1 ~ Cathy Presley. -~, ~ i Winter Springs Police Department's "Mark Messeguer Community Service Award" - ~~ "' presented to Ms. Kristina Hooper. :. .:'. '. ; YY:'t { Winter Springs Police Department's "Field Training Officer of the Year" -presented to ~., .~~ Officer Clyde Bell. ~ `" Winter Springs Police Department's "Life Saving Award" -presented to Corporal Kevin Chaulk and Corporal Paul Stein. Winter Springs Police Department's "Officer Meritorious Action" -presented to Lieutenant Kenneth Frein, Lieutenant Brad Dula, and Corporal Nick Romano. Brief discussion. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. INFORMATIONAL 101. Parks And Recreation Department Wishes To Inform The City Commission Regarding The Upcoming 2 Year Recreation Program Agreements With The Primary Youth Sports Provider Organizations. Discussion followed with Mr. Chuck Pula, Director, Parks and Recreation Department on the proposed increased fees. Commissioner Sally McGinnis said to Mr. Pula, "You did a good job of putting this together." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 13, 2009 PAGE 3 OF 18 With further comments, Commissioner Gary Bonner asked for details to be provided when this Agenda Item is further discussed. Additionally, Commissioner McGinnis asked for information on the number of City residents. "MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Police Department Requests The Commission To Approve The Asset Transfer Of A 1997 Gillig Transit Bus From The Central Florida Regional Transit Authority (LYNX). This Agenda Item was not discussed. CONSENT 201. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. No discussion. CONSENT 202. Public Works Department Requesting Authorization To Enter Into A Contractual Agreement With Southland Construction, Inc. For Construction Of Wade Street From The CSX Railroad Crossing North To Old Sanford-Oviedo Road. ,__ ~ ~ ,:~1 _~~ `= '~ ~, r.:, ::j ~,:y: There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 13, 2009 PAGE 4 OF 18 CONSENT 203. Public Works Department Requests The City Commission Approve Task Order #1 To The Engineering Services Agreement With Johnson, Mirmiran, & Thompson, Inc. For The Design Of A Right-Turn Deceleration Lane On S.R. (State Road) 434 Eastbound At Tuscora Drive. Discussion ensued with Mr. Brian Fields, P.E., City Engineer, Public Works Department. CONSENT 204. Office Of The City Manager Requesting The City Commission To Consider A Recommendation From The Board Of Trustees (Pension Board) Regarding Renewal Of The Agreement For 3ra Party Pension Plan Advisory Services With Bogdahn Consulting, LLC. This Agenda Item was not discussed. CONSENT 205. Office Of The City Manager Requesting The City Commission Consider Recommendations From The Board Of Trustees (Pension Board) Regarding Revisions To City Pension Plan's Investment Policy Statement. No discussion. CONSENT 206. Office Of The City Clerk Requesting Approval Of The June 22, 2009 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 207. Office Of The City Attorney ADD-ON To Approve The Mediated Settlement Agreement Between City Of Winter Springs And National Union Fire Insurance Company Of Pittsburgh, Case Number 08-CA- 5438-15-L Related To The Jesup's Reserve Maintenance Bond In The Amount Of Eighty-Five Thousand Dollars ($85,000.00) Payable To The City Within Ten (10) Days. t~~~~ ~, >' ~~) .~ ~J ~:~~ ~~ .~ ~f1) ~~.•, ~jl Deputy Mayor Krebs noted, "That is the addition for the Consent (Agenda)." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 13, 2009 PAGE 5 OF 18 "MOTION TO APPROVE" (CONSENT AGENDA). MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE ~ ~,~ DEPUTY MAYOR KREBS: AYE ~,N~ , ~"~~~ COMMISSIONER HOVEY: AYE ' ~~'' COMMISSIONER BROWN: AYE '~`~ w COMMISSIONER BONNER: AYE :~.,~ MOTION CARRIED. ~. REPORTS ; `'~ REPORTS 400. Office Of The City Attorney -Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager -Kevin L. Smith Regarding the City of Winter Springs' Fourth of July Event, Manager Smith stated, "Again, to thank the Staff and all the Volunteers that so graciously gave up their time and worked so hard on making the Fourth of July just an outstanding Event. I can't thank them enough." REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, MMC City Clerk Andrea Lorenzo-Luaces asked if the City Commission wanted to discuss a location for the Joint Meeting with the City of Oviedo. Commissioner McGinnis suggested having this Joint Meeting be catered and held at City Hall. Commissioner Rick Brown said, "I think we need to reciprocate for what was provided to us for dinner for that last Meeting we attended in Oviedo, but going forward, perhaps we could have a conversation with our counterparts in Oviedo that we have these at restaurants and everybody is just responsible for their own meal bill. We can order off the menu, we can pay for it ourselves, and those that want to turn it in as an expense can do so to their respective cities and those that don't, don't have to." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 13, 2009 PAGE 6 OF 18 Commissioner Bonner remarked, "I like that suggestion." Discussion followed on recording this Joint Meeting and Commissioner Bonner noted, "They had us as guests at their City Hall, let us reciprocate and invite them as guests to our City Hall. We will work out the potluck and we will plan for the future." Commissioner McGinnis added, "I think it should be here, I agree." City Clerk Lorenzo-Luaces spoke of such Meetings and noted, "We typically record all our Meetings, and I'd like to be consistent in that respect." Deputy Mayor Krebs asked, "Here?" Commissioner Brown stated, "That would be my Vote." Commissioner McGinnis added, "Me too." No objections were voiced. City Clerk Lorenzo-Luaces then asked for menu preferences and Deputy Mayor Krebs commented, "Something that is easy." Commissioner McGinnis said, "Just do it. You do a wonderful job. We're not going to debate that." Secondly, City Clerk Lorenzo-Luaces asked if the City Commission wanted to have an Advisory Board and Committee Appreciation Event? Commissioner McGinnis stated, "Yes." No objections were noted. As for further information, Deputy Mayor Krebs suggested, "If you could just give us - something on that, and the cost involved, like if you did it at a local restaurant." Commissioner McGinnis added, "Empower Andrea [Lorenzo-Luaces] to come back with two (2) options for us." Commissioner Brown said, "I think that is fine." REPORTS 403. Commission Seat One -Jean Commissioner Jean Hovey remarked, "I wanted to thank Staff and the Events Committee and the Volunteers -the Fourth of July was a great Event." REPORTS 404. Commission Seat Two -Rick Brown Commissioner Brown added, "I am sorry I could not attend the Fourth of July Event this year, but I did want to extend my thanks to all of the Staff and Volunteers who made it a complete success from all the emails that I have received about it." ~~~, ~~) "~~) :;. ~~ .,.~ ~ -~~~ Further comments. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 13, 2009 PAGE 7 OF 18 REPORTS 405. Commission Seat Three -Gary Bonner Commissioner Bonner stated, "I will add my congratulations and appreciation to the citizens as well as Staff for the outstanding Fourth of July Event." ~ :':~' Secondly, Commissioner Bonner said he would be attending the Reserve at Tuscawilla ~~ ~~~"~'' ,..,.: Homeowner's Association Meeting on July 21St, in case other Commissioners were to ;,`'~ attend it would need to be posted. _::t~ :~:a~~ u-.~, REPORTS "°^ 406. Commission Seat Four -Sally McGinnis ~, ,°'RF Commissioner McGinnis remarked, "The Fourth of July met all of my expectations." Next, Commissioner McGinnis spoke of a resident who paid their Utility Bill in the pay box and suggested that collection and due dates be posted on the pay box and that payments be accepted until midnight. Commissioner McGinnis asked that this be fixed. Manager Smith stated, "Be happy to Commissioner. There are a variety of issues related to customer service and specifically Utility Billing that we're currently looking into. That is on our list." REPORTS 407. Commission Seat Five/Deputy Mayor -Joanne M. Krebs Deputy Mayor Krebs said, "I too would like to say thank you to the Staff and to all of the Volunteers who put together the Fourth of July program - it really was exceptional." With further comments, Deputy Mayor Krebs also mentioned that resident Denise Ryser was presented with a Proclamation at the Fourth of July Event for her contributions to this year's Fourth of July Event. Furthermore, Deputy Mayor Krebs asked about a donations bucket. Commissioner McGinnis added, "I would like to see next time, a real aggressive effort of a lot of people..." Deputy Mayor Krebs asked, "...Did we get any money..." Commissioner McGinnis continued, "...Go through the crowd and ask for a donation?" Manager Smith noted, "We will get better next year." Deputy Mayor Krebs then asked, "Was anybody at the gates collecting?" With discussion, Manager Smith commented, "It's definitely an area for improvement." Furthermore, Deputy Mayor Krebs inquired, "When will we get an accounting of what came in, what was spent?" Mr. Pula responded, "At your next Meeting." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 13, 2009 PAGE 8 OF 18 Secondly, Deputy Mayor Krebs commented about an email related to the possible privatization of County Libraries. Tape 1/Side B rga~nw;cx~''~ Discussion. ~~... ~:.,1..,.: ~: r.~W~-~a ~~ A ~X~ Manager Smith offered to get with the County Manager on this issue. Deputy Mayor ~. Krebs said to the City Commission, "Would you like that information at the next ;"-~`-~ Meeting?" Manager Smith noted, "We could certainly agendaize this." Deputy Mayor :r~i+ Krebs then said to Manager Smith, "Would you put it on an Agenda?" Manager Smith `.'~ . ~u-~ ~;1x..:a stated, "Be happy to." '' '° ~~~ ~'~~~'~. *~~:;.~: With further discussion on the time frame, Commissioner McGinnis said, "I think we ~~`~` need to know how long this is moving along in the County" and asked Manager Smith to find that out. City Attorney Anthony A. Garganese commented about a Seminole County Library Management Request for Proposal (RFP). Manager Smith then remarked, "If it is the Consensus of this Commission, we would certainly be glad to bring back an item for next Meeting for further discussion and consideration..." Deputy Mayor Krebs stated, "I would like information to be brought back." Commissioner McGinnis added, "Yes." Deputy Mayor Krebs also suggested that Manager Smith relay to the County Manager about this discussion and added, "I know that there are at least three (3) Commissioners here, that would be myself included, that would oppose something like this." Manager Smith noted, "I can certainly do that." Further discussion. Commissioner Bonner suggested the City Commission individually contact the Seminole County Commission on their concerns. REPORTS 408. Office Of The Mayor -John F. Bush Absent. PUBLIC INPUT Deputy Mayor Krebs remarked, "[Mr.] Gerald L. Buchanan, "You don't want to speak but you are in favor of the Dog Park, correct? [Ms.] Joyce Buchanan -same thing, you don't want to speak, but you are in favor of the Dog Park." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 13, 2009 PAGE 9 OF 18 Ms. Leah Weisman, 113 Brookshire Court, Winter Springs, Florida: spoke of the Friends of Leash Optional Parks organization and their previous donations towards a Dog Park. Ms. Lori Bosse, 1004 Gator Lane, Winter Springs, Florida: provided a document to the City Commission and spoke against privatization of libraries; and also asked the City Commission to contact Seminole County on this issue. Discussion ensued on a possible Resolution. Commissioner Hovey suggested Ms. Bosse and others with children contact Seminole County and also speak before the Seminole County Commission on this issue. "I WILL MAKE A MOTION THAT WE HAVE ANTHONY DRAFT A RESOLUTION FOR THE COUNTY COMMISSION ON OUR BEHALF WHICH STATES OUR POSITION - OPPOSITION TO THIS." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. COMMISSIONER BROWN SUGGESTED, "WE HAVE TO MAKE SURE THAT OUR RESOLUTION ENCOURAGES THE COUNTY NOT ONLY TO KEEP THE LIBRARY BUT TO MAKE SURE THAT IT IS APPROPRIATELY FUNDED." ATTORNEY GARGANESE EXPLAINED, "I HAVE TWO (2) POINTS. YOU WANT TO OPPOSE PRIVATIZATION OF THE COUNTY LIBRARY SYSTEM AND ENCOURAGE THE COUNTY TO KEEP THE LIBRARY SYSTEM AND APPROPRIATELY FUND IT." DEPUTY MAYOR KREBS NOTED, "THOSE ARE THE POINTS." COMMISSIONER BROWN ADDED, "THAT IS CORRECT." COMMISSIONER McGINNIS ADDED, "YES -SERVICE FOR THE CITIZENS." ATTORNEY GARGANESE THEN REMARKED, "I WILL JUST PUT A VERY SIMPLE RESOLUTION [NUMBER 2009-40] TOGETHER MAKING THOSE TWO (2) POINTS." DEPUTY MAYOR KREBS STATED, "THANK YOU." COMMISSIONER McGINNIS NOTED, "GOOD." VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. ~4~~ i .~.e .;. ,;;, ~~;::" '4Y1 `" ;~J _:.~-~, ~,~a h k 'i „ts i] CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NLY 13, 2009 PAGE 10 OF 18 Deputy Mayor Krebs remarked, "[Mr.] William -Payne, and you don't want to speak but you are in favor of the permanent Dog Park? And we already established that [Ms.] Loretta (Ames) is in favor of the Dog Park -does not want to speak." PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department Requests The Commission Consider The Aesthetic Review Modification For The Greens At Tuskawilla, A 60 Unit Condominium Development On Approximately 12.02 Acres, Located On The South Side Of Winter Springs Boulevard, Adjacent To Howell Creek, And Immediately Adjacent To The Tuscawilla Golf And Country Club. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department introduced this Agenda Item. Discussion followed on chimneys and Aesthetic Reviews. Mr. Rick Casey, Vice President of Construction, Congressional Homes, 1 Sl l East State Road 434, Suite 1025, Winter Springs, Florida: addressed the City Commission on this request. "MOVE TO ACCEPT THE AESTHETIC REVIEW MODIFICATION." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office Of The City Attorney And Police Department Requests That The City Commission Hold A Public Hearing To Consider Ordinance Number 2009-11, Amending Chapter 12 Of The City Of Winter Springs Code Of Ordinances, As It Relates To Operation Of Golf Carts On Certain City Roadways. =~~1 :,~;~:~ ,~ ~~ {~~ w~ ,~~.~~ ,.w~, . ~~-.,~ Attorney Garganese stated, "Need a Motion to read by `Title'?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 13, 2009 PAGE 11 OF 18 "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: ~~.~. ~ COMMISSIONER BONNER: AYE ~.,.~; sr~~;,q COMMISSIONER BROWN: AYE ~" ~" ' 4°^~na- COMMISSIONER McGINNIS: AYE -,;~ j DEPUTY MAYOR KREBS: AYE ~ '~'~ COMMISSIONER HOVEY: AYE MOTION CARRIED. ° - ~`tl"' .~i -..~~ ,,~1 Attorney Garganese read the Ordinance by "Title" only. ~~,~,~ ~; Chief Brunelle addressed the City Commission on the Ordinance and stated, "Everything has been included that was requested." Discussion. Deputy Mayor Krebs opened the "Public Input" portion of the Agenda Item. No one spoke. Deputy Mayor Krebs closed the "Public Input" portion of the Agenda Item. Tape 2/Side A Chief Brunelle spoke of signage and asked if the City Commission had a preference. Commissioner Bonner stated, "I trust Staff's decision on which one would be most visible." Commissioner McGinnis commented on the perception of being a Golf Course community and suggested that small signage be used. Deputy Mayor Krebs said to Chief Brunelle, "Just pick one." Deputy Mayor Krebs requested, "We need a Motion to Move this to Second Reading?" "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 13, 2009 PAGE 12 OF 18 PUBLIC HEARINGS 502. Public Works Department Requesting The City Commission Consider On First Reading Ordinance #2009-12 Updating The Impact Fee Credit Schedule For Police, Fire, Parks And Recreation, And Public Buildings Impact Fees For The Years 2009 To 2013. Deputy Mayor Krebs stated, "Motion to read by `Title'?" "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. Attorney Garganese read Ordinance 2009-12 by "Title" only. Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Departments briefly addressed the City Commission on this Agenda Item. Deputy Mayor Krebs opened the "Public Input" portion of the Agenda Item. No one spoke. Deputy Mayor Krebs closed the "Public Input" portion of the Agenda Item. "MOTION TO MOVE TO SECOND (READING)." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Office Of The City Attorney And Police Department -Code Enforcement Bureau Requests That The City Commission Hold A Public Hearing To Consider Ordinance Number 2009-07, Amending Chapter 20 Of The City Of Winter Springs Code Of Ordinances, As It Relates To Commercial Vehicles In Residentially Zoned Area. ...x . .'.ta li^o-J .G :?.Y,,..~9 .wry' S3:2Y:.+v"L`1 '~ Deputy Mayor Krebs noted, "Motion to read by `Title'?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 13, 2009 PAGE 13 OF 18 "SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE ~-~ COMMISSIONER HOVEY: AYE ``'~"°` ' ~~ COMMISSIONER McGINNIS: AYE ~ -' DEPUTY MAYOR KREBS: AYE ~ i COMMISSIONER BROWN: AYE "`"~~ ~,. MOTION CARRIED. . ' ~~'~ ,:.:~ '*..i Attorney Garganese read the Ordinance by "Title" only. ~_ _~~~ :~.. ,, ryY Captain Glenn Tolleson, Code Enforcement Bureau, Police Department commented briefly on this Ordinance. Discussion. Deputy Mayor Krebs opened the "Public Input" portion of the Agenda Item. No one spoke. Deputy Mayor Krebs closed the "Public Input" portion of the Agenda Item. "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER BONNER. DEPUTY MAYOR KREBS STATED, "SECONDED BY COMMISSIONER BROWN." DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 504. Community Development Department Requests The City Commission Hold A Public Hearing For The Second Reading And Adoption Of Ordinance 2009-10, To Rezone 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." Attorney Garganese read Ordinance 2009-10 by "Title" only. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NLY 13, 2009 PAGE 14 OF 18 Mr. Stevenson briefly addressed the City Commission. Deputy Mayor Krebs opened the "Public Input "portion of the Agenda Item. No one spoke. Deputy Mayor Krebs closed the "Public Input" portion of the Agenda Item. "MOTION TO ADOPT." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 505. Office Of The City Attorney And Community Development Department Request The City Commission Remove This Item From The Table And Hold A Public Hearing For Second Reading And Adoption Of Ordinance No. (Number) 2009-03, Amending Chapters 16 And 20 Of The City Code, As They Relate To The Signage. Deputy Mayor Krebs stated, "Could I have a Motion to Remove from the Table?" "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. ~: m t;.~ . _ ; .:: _, „~; ; <~ ~~~ Attorney Garganese read Ordinance 2009-03 by "Title" only. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 13, 2009 PAGE 15 OF 18 Mr. John Baker, AICP, Senior Planner, Community Development Department briefly addressed the change that was made to the Ordinance saying, "Changed from 1/2 mile to one (1) mile." Deputy Mayor Krebs opened the "Public Input" portion of the Agenda Item. No one spoke. Deputy Mayor Krebs closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Public Works Department Requesting The City Commission Validate The Solid Waste Survey Results Entitling The Franchisee To Receive The Performance Bonus And Receive The Annual Staff Solid Waste Review. Mr. Lockcuff addressed the City Commission on this Agenda Item and introduced Mr. Dolan with Waste-Pro. Mr. Tim Dolan, Regional Vice President, Waste-Pro, Waste-Pro of Florida, Post Office Box 917209, Longwood, Florida: commented on services. Commissioner Bonner commented on trends and inquired, "Do you get the verbatims so that you know a particular resident made a particular comment and therefore you have an opportunity to respond to them and then the follow-up to that would be, are you contacting these citizens who took the time to leave negative feedback for you?" »~ ;' ~. Y> ~,, -~ .:: `: CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 13, 2009 PAGE 16 OF 18 Mr. Dolan explained that "That I can't do -the results that I get back are the comments but there's no name, no address, no specific resident attached to that comment so, I don't have the ability to go back and specifically address an individual's concerns on their particular case; however, what we do do is we do read through, we look for patterns. If the same issues have been brought up and these are things that we emphasize with our route supervisors and the operations folks to -put emphasis on those particular issues so they don't remain a repeat issue." Commissioner Bonner then asked Staff, "Do we, the City receive identifiable verbatims back from the survey process that allows us to go out and reach our citizens who have taken the time to give - a survey feedback that I know we would all want to act upon? Do we have a way to do so?" With discussion on a tracking system that Waste-Pro of Florida and the City uses, Mr. Lockcuff suggested, "I am going to ask -next year, if they wouldn't mind... Deputy Mayor Krebs noted, "...If you would like to be called..." Commissioner Bonner and Deputy Mayor Krebs said, "That is a good idea." Mr. Lockcuff added, "Give them the opportunity for - us to contact them." Commissioner McGinnis recommended that this be noted in the next Newsletter that all of this information is on our Website. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 601. Parks And Recreation Department Requests That The City Commission Review Information Regarding The Current FRDAP (Florida Recreation Development Assistance Program) Grant For The Dog Park, Future FRDAP (Florida Recreation Development Assistance Program) Grants, And Dog Park Facts And Provide Further Direction If Deemed Necessary. Mr. Pula began the discussion on this Agenda Item. .y!^NM ""~33er. ~. ~'`_t,, ~~~~- ~~~.,,. -. ;,' ::.3p;~ Ri~W'ig ~`._.~~..m1'n. +'S,".2SFk.t Commissioner McGinnis said to Mr. Pula, "You did a great job with this. This is so doable." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 13, 2009 PAGE 17 OF 18 With further comments, Commissioner Bonner asked about resident and non-resident fees and Mr. Pula said, "We could sure look at doing it and have that as another option." Funding related to Magnolia Park was addressed next and whether some of that funding could also be used on the Dog Park. ~,.,=~ Discussion followed as to whether a decision should be made now or during the Budget ~~,,~~ process. ~.~r:~~~~, ',: Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: as the Chairman of the Planning and Zoning Board/Local Planning Agency, Mr. Lacey spoke of upcoming ~`"" scheduled Meetings. µs}~: Tape 2/Side A Much discussion. Deputy Mayor Krebs asked, "Is there any action required on this?" Manager Smith stated, "No." Tape 2/Side B Dates for a possible Meeting to further address the funding issue was then discussed. REGULAR 602. Office Of The City Manager Requesting The Commission To Set Dates For Workshops To Review The FY (Fiscal Year) 2010 Proposed Budget. Manager Smith began the discussion on this Agenda Item. The date of July 23rd, 2009 was suggested for a Budget Workshop. Deputy Mayor Krebs recommended as the start time, "6:30 [p.m.]." Commissioner Bonner said, "Yes." Commissioner Hovey nodded in agreement. No objections were noted. As for additional possible dates, August was suggested and Deputy Mayor Krebs noted, "6:00 p.m., [August] 3rd, [2009] and 6:00 p.m., the [August] 4th, [2009]. If we don't need it, we will cancel the [August] 4th, [2009]." Commissioner McGinnis remarked, "Okay." Deputy Mayor Krebs summarized that the Budget Workshops are set as "6:30 p.m. on the 23rd [of July 2009]. On August 3rd and August 4th, [2009] six o'clock." Commissioner Brown added, "Got it." Commissioner McGinnis said, "Yes." No objections were voiced. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 13, 2009 PAGE 18 OF 18 REGULAR 603. Office Of The City Manager Requesting That The City Commission Designate Mayor John F. Bush As Our "Voting Delegate" And Deputy Mayor Joanne M. Krebs As Alternate, To Represent The City Of Winter Springs At The Upcoming 2009 Florida League Of Cities Annual Conference; And Request The City Commission Approve Resolution 2009- 39 Related To All Elected Officials Operating Under The Sunshine Law. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. ADJOURNMENT Deputy Mayor Krebs adjourned the Regular Meeting at 7:47 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, MMC CITY CLERK APPROVED: MAYOR JOHN F. BUSH ?~xac:G ~~:;z:.m,, ~.~ ~~. ~~, ~t'..2'~.p:....., ::1~: ~. ~~ y..~, T~~ :~~. r NOTE: These Minutes were approved at the 2009 Regular City Commission Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JULY 13, 2009 CALL TO ORDER The Regular Meeting of Monday, July 13, 2009 of the City Commission was called to Order by Deputy Mayor Joanne M. Krebs at 5:15 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 Joanne M. Krebs, present Commissioner Jean Hovey, present Commissioner Rick Brown, present via telephone Commissioner Gary Bonner, present Commissioner Sally McGinnis, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. Discussion. AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS WERE HELD FIRST, FOLLOWED BY THE REST OF THE AGENDA. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The City Manager And Office Of The Police Chief Presenting To The Mayor And City Commission The Following Awards And Commendations From The Winter Springs Police Department: "Civilian Employee Of The Year "Mark Messeguer Community Service Award "Citizen Certificate Of Appreciation "Officer Meritorious Action "Life Saving Award And "Field Training Officer Of The Year City Manager Kevin L. Smith, Chief of Police Kevin Brunelle, and the City Commission presented the following Awards and Commendations from the Police Department: CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JULY 13, 2009 PAGE 2 OF 18 Winter Springs Police Department's "Citizen Certificate of Appreciation" presented to Mr. Kenneth Dean and Mr. Justin Garber. Winter Springs Police Department's "Citizen Certificate of Appreciation" presented to Mr. David Lehman. Winter Springs Police Department's "Civilian Employee Of The Year" presented to Ms. Cathy Presley. Winter Springs Police Department's "Mark Messeguer Community Service Award" presented to Ms. Kristina Hooper. Winter Springs Police Department's "Field Training Officer of the Year" presented to Officer Clyde Bell. Winter Springs Police Department's "Life Saving Award" presented to Corporal Kevin Chaulk and Corporal Paul Stein. Winter Springs Police Department's "Officer Meritorious Action" presented to Lieutenant Kenneth Frein, Lieutenant Brad Dula, and Corporal Nick Romano. Brief discussion. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. INFORMATIONAL 101. Parks And Recreation Department Wishes To Inform The City Commission Regarding The Upcoming 2 Year Recreation Program Agreements With The Primary Youth Sports Provider Organizations. Discussion followed with Mr. Chuck Pula, Director, Parks and Recreation Department on the proposed increased fees. Commissioner Sally McGinnis said to Mr. Pula, "You did a good job of putting this together." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JULY 13, 2009 PAGE 3 OF 18 With further comments, Commissioner Gary Bonner asked for details to be provided when this Agenda Item is further discussed. Additionally, Commissioner McGinnis asked for information on the number of City residents. "MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR 'CRESS: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Police Department Requests The Commission To Approve The Asset Transfer Of A 1997 Gillig Transit Bus From The Central Florida Regional Transit Authority (LYNX). This Agenda Item was not discussed. CONSENT 201. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. No discussion. CONSENT 202. Public Works Department Requesting Authorization To Enter Into A Contractual Agreement With Southland Construction, Inc. For Construction Of Wade Street From The CSX Railroad Crossing North To Old Sanford Oviedo Road. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JULY 13, 2009 PAGE 4 OF 18 CONSENT 203. Public Works Department Requests The City Commission Approve Task Order #1 To The Engineering Services Agreement With Johnson, Mirmiran, Thompson, Inc. For The Design Of A Right -Turn Deceleration Lane On S.R. (State Road) 434 Eastbound At Tuscora Drive. Discussion ensued with Mr. Brian Fields, P.E., City Engineer, Public Works Department. CONSENT 204. Office Of The City Manager Requesting The City Commission To Consider A Recommendation From The Board Of Trustees (Pension Board) Regarding Renewal Of The Agreement For 3 Party Pension Plan Advisory Services With Bogdahn Consulting, LLC. This Agenda Item was not discussed. CONSENT 205. Office Of The City Manager Requesting The City Commission Consider Recommendations From The Board Of Trustees (Pension Board) Regarding Revisions To City Pension Plan's Investment Policy Statement. No discussion. CONSENT 206. Office Of The City Clerk Requesting Approval Of The June 22, 2009 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 207. Office Of The City Attorney ADD -ON To Approve The Mediated Settlement Agreement Between City Of Winter Springs And National Union Fire Insurance Company Of Pittsburgh, Case Number 08 -CA- 5438-15-L Related To The Jesup's Reserve Maintenance Bond In The Amount Of Eighty -Five Thousand Dollars ($85,000.00) Payable To The City Within Ten (10) Days. Deputy Mayor Krebs noted, "That is the addition for the Consent (Agenda)." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JULY 13, 2009 PAGE 5 OF 18 "MOTION TO APPROVE" (CONSENT AGENDA). MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REPORTS REPORTS 400. Office Of The City Attorney Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager Kevin L. Smith Regarding the City of Winter Springs' Fourth of July Event, Manager Smith stated, "Again, to thank the Staff and all the Volunteers that so graciously gave up their time and worked so hard on making the Fourth of July just an outstanding Event. I can't thank them enough." REPORTS 402. Office Of The City Clerk Andrea Lorenzo Luaces, MMC City Clerk Andrea Lorenzo Luaces asked if the City Commission wanted to discuss a location for the Joint Meeting with the City of Oviedo. Commissioner McGinnis suggested having this Joint Meeting be catered and held at City Hall. Commissioner Rick Brown said, "I think we need to reciprocate for what was provided to us for dinner for that last Meeting we attended in Oviedo, but going forward, perhaps we could have a conversation with our counterparts in Oviedo that we have these at restaurants and everybody is just responsible for their own meal bill. We can order off the menu, we can pay for it ourselves, and those that want to turn it in as an expense can do so to their respective cities and those that don't, don't have to." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JULY 13, 2009 PAGE 6 OF 18 Commissioner Bonner remarked, "I like that suggestion." Discussion followed on recording this Joint Meeting and Commissioner Bonner noted, "They had us as guests at their City Hall, let us reciprocate and invite them as guests to our City Hall. We will work out the potluck and we will plan for the future." Commissioner McGinnis added, "I think it should be here, I agree." City Clerk Lorenzo Luaces spoke of such Meetings and noted, "We typically record all our Meetings, and I'd like to be consistent in that respect." Deputy Mayor Krebs asked, "Here Commissioner Brown stated, "That would be my Vote." Commissioner McGinnis added, "Me too." No objections were voiced. City Clerk Lorenzo Luaces then asked for menu preferences and Deputy Mayor Krebs commented, "Something that is easy." Commissioner McGinnis said, "Just do it. You do a wonderful job. We're not going to debate that." Secondly, City Clerk Lorenzo Luaces asked if the City Commission wanted to have an Advisory Board and Committee Appreciation Event? Commissioner McGinnis stated, "Yes." No objections were noted. As for further information, Deputy Mayor Krebs suggested, "If you could just give us something on that, and the cost involved, like if you did it at a local restaurant." Commissioner McGinnis added, "Empower Andrea [Lorenzo- Luaces] to come back with two (2) options for us." Commissioner Brown said, "I think that is fine." REPORTS 403. Commission Seat One Jean Hovey Commissioner Jean Hovey remarked, "I wanted to thank Staff and the Events Committee and the Volunteers the Fourth of July was a great Event." REPORTS 404. Commission Seat Two Rick Brown Commissioner Brown added, "I am sorry I could not attend the Fourth of July Event this year, but I did want to extend my thanks to all of the Staff and Volunteers who made it a complete success from all the emails that I have received about it." Further comments. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JULY 13, 2009 PAGE 7 OF 18 REPORTS 405. Commission Seat Three Gary Bonner Commissioner Bonner stated, "I will add my congratulations and appreciation to the citizens as well as Staff for the outstanding Fourth of July Event." Secondly, Commissioner Bonner said he would be attending the Reserve at Tuscawilla Homeowner's Association Meeting on July 21 in case other Commissioners were to attend it would need to be posted. REPORTS 406. Commission Seat Four Sally McGinnis Commissioner McGinnis remarked, "The Fourth of July met all of my expectations." Next, Commissioner McGinnis spoke of a resident who paid their Utility Bill in the pay box and suggested that collection and due dates be posted on the pay box and that payments be accepted until midnight. Commissioner McGinnis asked that this be fixed. Manager Smith stated, `Be happy to Commissioner. There are a variety of issues related to customer service and specifically Utility Billing that we're currently looking into. That is on our list." REPORTS 407. Commission Seat Five/Deputy Mayor Joanne M. Krebs Deputy Mayor Krebs said, "I too would like to say thank you to the Staff and to all of the Volunteers who put together the Fourth of July program it really was exceptional." With further comments, Deputy Mayor Krebs also mentioned that resident Denise Ryser was presented with a Proclamation at the Fourth of July Event for her contributions to this year's Fourth of July Event. Furthermore, Deputy Mayor Krebs asked about a donations bucket. Commissioner McGinnis added, "I would like to see next time, a real aggressive effort of a lot of people..." Deputy Mayor Krebs asked, "...Did we get any money..." Commissioner McGinnis continued, "...Go through the crowd and ask for a donation Manager Smith noted, "We will get better next year." Deputy Mayor Krebs then asked, "Was anybody at the gates collecting With discussion, Manager Smith commented, "It's definitely an area for improvement." Furthermore, Deputy Mayor Krebs inquired, "When will we get an accounting of what came in, what was spent Mr. Pula responded, "At your next Meeting." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JULY 13, 2009 PAGE 8 OF 18 Secondly, Deputy Mayor Krebs commented about an email related to the possible privatization of County Libraries. Tape 1 /Side B Discussion. Manager Smith offered to get with the County Manager on this issue. Deputy Mayor Krebs said to the City Commission, "Would you like that information at the next Meeting Manager Smith noted, "We could certainly agendaize this." Deputy Mayor Krebs then said to Manager Smith, "Would you put it on an Agenda Manager Smith stated, `Be happy to." With further discussion on the time frame, Commissioner McGinnis said, "I think we need to know how long this is moving along in the County" and asked Manager Smith to find that out. City Attorney Anthony A. Garganese commented about a Seminole County Library Management Request for Proposal (RFP). Manager Smith then remarked, "If it is the Consensus of this Commission, we would certainly be glad to bring back an item for next Meeting for further discussion and consideration..." Deputy Mayor Krebs stated, "I would like information to be brought back." Commissioner McGinnis added, "Yes." Deputy Mayor Krebs also suggested that Manager Smith relay to the County Manager about this discussion and added, "I know that there are at least three (3) Commissioners here, that would be myself included, that would oppose something like this." Manager Smith noted, "I can certainly do that." Further discussion. Commissioner Bonner suggested the City Commission individually contact the Seminole County Commission on their concerns. REPORTS 408. Office Of The Mayor John F. Bush Absent. PUBLIC INPUT Deputy Mayor Krebs remarked, "[Mr.] Gerald L. Buchanan, "You don't want to speak but you are in favor of the Dog Park, correct? [Ms.] Joyce Buchanan same thing, you don't want to speak, but you are in favor of the Dog Park." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JULY 13, 2009 PAGE 9 OF 18 Ms. Leah Weisman, 113 Brookshire Court, Winter Springs, Florida: spoke of the Friends of Leash Optional Parks organization and their previous donations towards a Dog Park. Ms. Lori Bosse, 1004 Gator Lane, Winter Springs, Florida: provided a document to the City Commission and spoke against privatization of libraries; and also asked the City Commission to contact Seminole County on this issue. Discussion ensued on a possible Resolution. Commissioner Hovey suggested Ms. Bosse and others with children contact Seminole County and also speak before the Seminole County Commission on this issue. "I WILL MAKE A MOTION THAT WE HAVE ANTHONY DRAFT A RESOLUTION FOR THE COUNTY COMMISSION ON OUR BEHALF WHICH STATES OUR POSITION OPPOSITION TO THIS." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. COMMISSIONER BROWN SUGGESTED, "WE HAVE TO MAKE SURE THAT OUR RESOLUTION ENCOURAGES THE COUNTY NOT ONLY TO KEEP THE LIBRARY BUT TO MAKE SURE THAT IT IS APPROPRIATELY FUNDED." ATTORNEY GARGANESE EXPLAINED, "I HAVE TWO (2) POINTS. YOU WANT TO OPPOSE PRIVATIZATION OF THE COUNTY LIBRARY SYSTEM AND ENCOURAGE THE COUNTY TO KEEP THE LIBRARY SYSTEM AND APPROPRIATELY FUND IT." DEPUTY MAYOR KREBS NOTED, "THOSE ARE THE POINTS." COMMISSIONER BROWN ADDED, "THAT IS CORRECT." COMMISSIONER McGINNIS ADDED, "YES SERVICE FOR THE CITIZENS." ATTORNEY GARGANESE THEN REMARKED, "I WILL JUST PUT A VERY SIMPLE RESOLUTION [NUMBER 2009 -40] TOGETHER MAKING THOSE TWO (2) POINTS." DEPUTY MAYOR KREBS STATED, "THANK YOU." COMMISSIONER McGINNIS NOTED, "GOOD." VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JULY 13, 2009 PAGE 10 OF 18 Deputy Mayor Krebs remarked, "[Mr.] William Payne, and you don't want to speak but you are in favor of the permanent Dog Park? And we already established that [Ms.] Loretta (Ames) is in favor of the Dog Park does not want to speak." PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department Requests The Commission Consider The Aesthetic Review Modification For The Greens At Tuskawilla, A 60 Unit Condominium Development On Approximately 12.02 Acres, Located On The South Side Of Winter Springs Boulevard, Adjacent To Howell Creek, And Immediately Adjacent To The Tuscawilla Golf And Country Club. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department introduced this Agenda Item. Discussion followed on chimneys and Aesthetic Reviews. Mr. Rick Casey, Vice President of Construction, Congressional Homes, 1511 East State Road 434, Suite 1025, Winter Springs, Florida: addressed the City Commission on this request. "MOVE TO ACCEPT THE AESTHETIC REVIEW MODIFICATION." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office Of The City Attorney And Police Department Requests That The City Commission Hold A Public Hearing To Consider Ordinance Number 2009 -11, Amending Chapter 12 Of The City Of Winter Springs Code Of Ordinances, As It Relates To Operation Of Golf Carts On Certain City Roadways. Attorney Garganese stated, "Need a Motion to read by `Title' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JULY 13, 2009 PAGE 11 OF 18 "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Chief Brunelle addressed the City Commission on the Ordinance and stated, "Everything has been included that was requested." Discussion. Deputy Mayor Krebs opened the "Public Input" portion of the Agenda Item. No one spoke. Deputy Mayor Krebs closed the "Public Input" portion of the Agenda Item. Tape 2 /Side A Chief Brunelle spoke of signage and asked if the City Commission had a preference. Commissioner Bonner stated, "I trust Staff's decision on which one would be most visible." Commissioner McGinnis commented on the perception of being a Golf Course community and suggested that small signage be used. Deputy Mayor Krebs said to Chief Brunelle, "Just pick one." Deputy Mayor Krebs requested, "We need a Motion to Move this to Second Reading "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JULY 13, 2009 PAGE 12 OF 18 PUBLIC HEARINGS 502. Public Works Department Requesting The City Commission Consider On First Reading Ordinance #2009 -12 Updating The Impact Fee Credit Schedule For Police, Fire, Parks And Recreation, And Public Buildings Impact Fees For The Years 2009 To 2013. Deputy Mayor Krebs stated, "Motion to read by `Title' "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. Attorney Garganese read Ordinance 2009 -12 by "Title" only. Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Departments briefly addressed the City Commission on this Agenda Item. Deputy Mayor Krebs opened the "Public Input" portion of the Agenda Item. No one spoke. Deputy Mayor Krebs closed the "Public Input" portion of the Agenda Item. "MOTION TO MOVE TO SECOND (READING)." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Office Of The City Attorney And Police Department Code Enforcement Bureau Requests That The City Commission Hold A Public Hearing To Consider Ordinance Number 2009 -07, Amending Chapter 20 Of The City Of Winter Springs Code Of Ordinances, As It Relates To Commercial Vehicles In Residentially Zoned Area. Deputy Mayor Krebs noted, "Motion to read by `Title' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JULY 13, 2009 PAGE 13 OF 18 "SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Captain Glenn Tolleson, Code Enforcement Bureau, Police Department commented briefly on this Ordinance. Discussion. Deputy Mayor Krebs opened the "Public Input" portion of the Agenda Item. No one spoke. Deputy Mayor Krebs closed the "Public Input" portion of the Agenda Item. "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER BONNER. DEPUTY MAYOR KREBS STATED, "SECONDED BY COMMISSIONER BROWN." DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 504. Community Development Department Requests The City Commission Hold A Public Hearing For The Second Reading And Adoption Of Ordinance 2009 -10, To Rezone 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." Attorney Garganese read Ordinance 2009 -10 by "Title" only. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 13, 2009 PAGE 14 OF 18 Mr. Stevenson briefly addressed the City Commission. Deputy Mayor Krebs opened the "Public Input" portion of the Agenda Item. No one spoke. Deputy Mayor Krebs closed the "Public Input" portion of the Agenda Item. "MOTION TO ADOPT." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 505. Office Of The City Attorney And Community Development Department Request The City Commission Remove This Item From The Table And Hold A Public Hearing For Second Reading And Adoption Of Ordinance No. (Number) 2009 -03, Amending Chapters 16 And 20 Of The City Code, As They Relate To The Signage. Deputy Mayor Krebs stated, "Could I have a Motion to Remove from the Table "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2009 -03 by "Title" only. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JULY 13, 2009 PAGE 15 OF 18 Mr. John Baker, AICP, Senior Planner, Community Development Department briefly addressed the change that was made to the Ordinance saying, "Changed from 1/2 mile to one (1) mile." Deputy Mayor Krebs opened the "Public Input" portion of the Agenda Item. No one spoke. Deputy Mayor Krebs closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Public Works Department Requesting The City Commission Validate The Solid Waste Survey Results Entitling The Franchisee To Receive The Performance Bonus And Receive The Annual Staff Solid Waste Review. Mr. Lockcuff addressed the City Commission on this Agenda Item and introduced Mr. Dolan with Waste -Pro. Mr. Tim Dolan, Regional Vice President, Waste -Pro, Waste -Pro of Florida, Post Office Box 917209, Longwood, Florida: commented on services. Commissioner Bonner commented on trends and inquired, "Do you get the verbatims so that you know a particular resident made a particular comment and therefore you have an opportunity to respond to them and then the follow -up to that would be, are you contacting these citizens who took the time to leave negative feedback for you CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JULY 13, 2009 PAGE 16 OF 18 Mr. Dolan explained that "That I can't do the results that I get back are the comments but there's no name, no address, no specific resident attached to that comment so, I don't have the ability to go back and specifically address an individual's concerns on their particular case; however, what we do do is we do read through, we look for patterns. If the same issues have been brought up and these are things that we emphasize with our route supervisors and the operations folks to put emphasis on those particular issues so they don't remain a repeat issue." Commissioner Bonner then asked Staff, "Do we, the City receive identifiable verbatims back from the survey process that allows us to go out and reach our citizens who have taken the time to give a survey feedback that I know we would all want to act upon? Do we have a way to do so With discussion on a tracking system that Waste -Pro of Florida and the City uses, Mr. Lockcuff suggested, "I am going to ask next year, if they wouldn't mind... Deputy Mayor Krebs noted, "...If you would like to be called..." Commissioner Bonner and Deputy Mayor Krebs said, "That is a good idea." Mr. Lockcuff added, "Give them the opportunity for us to contact them." Commissioner McGinnis recommended that this be noted in the next Newsletter that all of this information is on our Website. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 601. Parks And Recreation Department Requests That The City Commission Review Information Regarding The Current FRDAP (Florida Recreation Development Assistance Program) Grant For The Dog Park, Future FRDAP (Florida Recreation Development Assistance Program) Grants, And Dog Park Facts And Provide Further Direction If Deemed Necessary. Mr. Pula began the discussion on this Agenda Item. Commissioner McGinnis said to Mr. Pula, "You did a great job with this. This is so doable." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JULY 13, 2009 PAGE 17 OF 18 With further comments, Commissioner Bonner asked about resident and non resident fees and Mr. Pula said, "We could sure look at doing it and have that as another option." Funding related to Magnolia Park was addressed next and whether some of that funding could also be used on the Dog Park. Discussion followed as to whether a decision should be made now or during the Budget process. Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: as the Chairman of the Planning and Zoning Board/Local Planning Agency, Mr. Lacey spoke of upcoming scheduled Meetings. Tape 2/Side A Much discussion. Deputy Mayor Krebs asked, "Is there any action required on this Manager Smith stated, "No." Tape 2 /Side B Dates for a possible Meeting to further address the funding issue was then discussed. REGULAR 602. Office Of The City Manager Requesting The Commission To Set Dates For Workshops To Review The FY (Fiscal Year) 2010 Proposed Budget. Manager Smith began the discussion on this Agenda Item. The date of July 23 2009 was suggested for a Budget Workshop. Deputy Mayor Krebs recommended as the start time, "6:30 [p.m.]." Commissioner Bonner said, "Yes." Commissioner Hovey nodded in agreement. No objections were noted. As for additional possible dates, August was suggested and Deputy Mayor Krebs noted, "6:00 p.m., [August] 3 [2009] and 6:00 p.m., the [August] 4 [2009]. If we don't need it, we will cancel the [August] 4 [2009]." Commissioner McGinnis remarked, "Okay." Deputy Mayor Krebs summarized that the Budget Workshops are set as "6:30 p.m. on the 23 [of July 2009]. On August 3 and August 4 [2009] six o'clock." Commissioner Brown added, "Got it." Commissioner McGinnis said, "Yes." No objections were voiced. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JULY 13, 2009 PAGE 18 OF 18 REGULAR 603. Office Of The City Manager Requesting That The City Commission Designate Mayor John F. Bush As Our "Voting Delegate" And Deputy Mayor Joanne M. Krebs As Alternate, To Represent The City Of Winter Springs At The Upcoming 2009 Florida League Of Cities Annual Conference; And Request The City Commission Approve Resolution 2009- 39 Related To All Elected Officials Operating Under The Sunshine Law. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. ADJOURNMENT Deputy Mayor Krebs adjourned the Regular Meeting at 7:47 p.m. RESPECTFULLY SUBMITTED: 7 A LORENZO LUACES, MMC ITY CLERK APPROVED: OR JOHN F. BUSH NOTE: These Minutes were approved at the July 27, 2009 Regular City Commission Meeting.