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HomeMy WebLinkAbout2009 09 28 Consent 208 Approval of September 14, 2009 Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 14, 2009 CALL TO ORDER The Regular Meeting of Monday, September 14, 2009 of the City Commission was called to Order by Mayor John F. Bush 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, present Deputy Mayor Joanne M. Krebs, present Commissioner Jean Hovey, present Commissioner Rick Brown, absent 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. Under Agenda Changes, Mayor Bush referenced a letter distributed by City Attorney Anthony A. Garganese related to Consent Agenda Items "200" and "201 ". PUBLIC HEARINGS AGENDA -PART I PUBLIC HEARINGS 500. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution No. (Number) 2009-45, Which Establishes The Tentative Operating Millage Rate For Fiscal Year 2009-2010 For The City Of Winter Springs At 2.4714 Mills Which Is 9.79% Less Than The Rolled-Back Rate Of 2.7395 Mills And The Tentative Voted Debt Service Millage Rate For The Fiscal Year 2009-2010 For The City Of Winter Springs At 0.1100 Mills. Mayor Bush began the discussion on this Agenda Item. Mayor Bush opened the "Public Input "portion of the Agenda Item. b O d Mr. Bill St. Amour, 645 Marlin Street, Winter Springs, Florida: asked about the Rolled Back Rate. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 14, 2009 PAGE 2 OF 17 City Manager Kevin L. Smith addressed this inquiry. Mayor Bush closed the "Public Input" portion of the Agenda Item. :~"''' Ms. Kell Bala is Interim Director Finance De artment s oke briefl on this A enda ~' Y g p p Y g Item. ~~' ~~ Brief discussion. ~I' "MOTION TO APPROVE" (INCLUDING RESOLUTION 2009-45). MOTION BY ~~', COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution No. (Number) 2009-46, Establishing The Tentative Budget For Fiscal Year 2009-2010. Ms. Balagia briefly spoke on this Agenda Item. Discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I WILL MAKE A MOTION TO ADOPT RESOLUTION NUMBER 2009-46 ESTABLISHING THE TENTATIVE BUDGET FOR FISCAL YEAR 2009-2010." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 14, 2009 PAGE 3 OF 17 VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Proiects. No discussion. INFORMATIONAL 101. Community Development Department Wishes To Update The City Commission On The Upcoming Requirement For Appointments To The 2010 Winter Springs Districting Commission. This Agenda Item was not discussed. INFORMATIONAL 102. Police Department Wishes To Inform The Commission About Receiving Approval For Reimbursement Training Funds Through Work Force Of Central Florida. There was no discussion on this Agenda Item. INFORMATIONAL 103. Public Works Department Providing The City Commission With A Status Update Regarding Paving Of The Existing Dirt Roads In The Ranchlands. t~~ d No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 14, 2009 PAGE 4 OF 17 INFORMATIONAL 104. Community Development Department -Planning Division Submits With Pleasure, The Findings (ORC Report) [Objections, Recommendations And Comments Report] Of The Florida Dept (Department) Of Community Affairs' ~', Concerning The City's Evaluation And Appraisal Report (EAR) Based Amendments To The Comprehensive Plan In Which The State Identified NO ~' Objections. ~~~ !, ~! This Agenda Item was not discussed. "MOTION TO APPROVE" INFORMATIONAL AGENDA . MOTION BY ( ) COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. ~'. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Community Development Department - Urban Beautification Services Division Requesting Authorization For The City To Enter Into A Contract Agreement With Dawnalee Corporation For The Landscape Maintenance Of Various City Rights- Of-Way, Medians And Ponds At A Cost Of $136,143.00. No discussion. CONSENT 201. Community Development Department - Urban Beautification Services Division Requesting Authorization For The City To Enter Into Contract Agreements For Landscape Maintenance Services For State Road 434 Rights-Of--Way, Medians And Ponds With Annan Landscaping, L.L.C., At A Cost Of $94,725.00, And With TruGreen, L.P., At A Cost Of $5,032.00. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 14, 2009 PAGE 5 OF 17 CONSENT 202. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. This Agenda Item was not discussed. CONSENT 203. Information Services Department Requests The Commission Authorization To Renew The Accela Annual Maintenance And Support Contract In The Amount Of $45,858.84. No discussion. CONSENT 204. Public Works Department - Stormwater Division Requesting Authorization To Renew The Contract With Lake Masters Aquatic Weed Control, Inc. For One Year For Aquatic Weed Control And Maintenance Services Of Certain Lakes And Ponds. Brief discussion ensued with Mr. Brian Fields, P.E., City Engineer, Public Works Department. CONSENT 205. Office Of The City Clerk Requesting Approval Of The August 24, 2009 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE CONSENT INCLUDING THE CHANGES THAT THE - CITY ATTORNEY GAVE US TONIGHT." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MAYOR BUSH ADDED, "MOTION TO APPROVE WITH THE TWO (2) ITEMS, `200' AND `201' THAT ANTHONY (GARGANESE) PROVIDED." VOTE: COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. b ~' tom. a CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 14, 2009 PAGE 6 OF 17 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. REPORTS REPORTS 400. Office Of The City Attorney -Anthony A. Garganese, Esquire Attorney Garganese noted they had filed a Motion for Summary Judgment in the Jones v. City of Winter Springs Case which involved the City's Stormwater Ordinance. Attorney Garganese also mentioned that this Case should be going to Trial in the next month or so and that he would keep the Commission informed. REPORTS 401. Office Of The City Manager -Kevin L. Smith Manager Smith spoke of issues he was working on which included the requested Charter Review. Discussion followed on the Charter Review process. "I MOVE WE RETAIN THE SERVICES OF MARILYN GROTTY AS FACILITATOR FOR THE CHARTER REVIEW COMMITTEE." MOTION BY COMMISSIONER McGINNIS. MOTION DIED FOR LACK OF A SECOND. Further discussion followed on the process and what the City Manager may suggest. "MOTION TO DIRECT THE CITY MANAGER TO -BRING BACK TO THE COMMISSION, SOMEONE WHO WILL FACILITATE THIS CHARTER REVIEW." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. DEPUTY MAYOR KREBS ADDED, "I WILL INCLUDE THAT HE BRING BACK THE NECESSARY PEOPLE THAT CAN FACILITATE THIS CHARTER REVIEW." COMMISSIONER BONNER NOTED, "I SUPPORT THAT." •d ~' d CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 14, 2009 PAGE 7 OF 17 VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Continuing, Manager Smith also mentioned that he was finishing up the Strategic Plan and planned to have it back to the City Commission for their consideration soon. Additionally, Manager Smith commented that Staff was working on the signage issue which would include electronic signage; and that Attorney Garganese was finalizing an annexation issue. REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, MMC No Report. REPORTS 403. Commission Seat Five/Deputy Mayor -Joanne M. Krebs Deputy Mayor Joanne M. Krebs stated, "I continue to hear great things about you Kevin (Smith). I was a facilitator at the Leadership Seminole Government Class on Government Day and they just love working with you! So, keep up the good work!" Next, Deputy Mayor Krebs noted, "I want to really thank Andrea's (Lorenzo-Luaces, City Clerk) group for the great Appreciation Dinner that you guys put on. It was really nice and I heard lots of wonderful things about that too and everybody was very appreciative. I know I was. So thank you for that and kudos to your Staff; they just really are so professional." Commissioner Sally McGinnis added, "Ditto." Manager Smith remarked, "In line with what the Deputy Mayor said about Andrea (Lorenzo-Luaces) and her staff's assistance with the Event on Friday night. I just have to say, it is amazing - I constantly talk about saving money and trying to cut back, and it is amazing how Andrea (Lorenzo-Luaces) and her staff are able to put things together with less and less money." d Deputy Mayor Krebs also complimented Chef Dee of Hollywood Bistro for his efforts with this Event. C[TY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 14, 2009 PAGE 8 OF 17 REPORTS 404. Office Of The Mayor -John F. Bush Mayor Bush also stated, "Andrea (Lorenzo-Luaces), you did a nice job. I thought the evening went well. Mayor Bush also suggested that a portable public address system was needed. Brief comments. Ma or Bush asked Mana er Smith about the status of the Cit 's Forensic Audit? Y g Y ~I Manager Smith spoke on this topic and said, "I will check back with her." Mayor Bush asked if an update could be given at upcoming City Commission Meetings. Mayor Bush mentioned he was on a committee working on a dedicated funding source ~, for Transportation for Central Florida and noted he would bring back information to the ~I City Commission. Next discussed was the upcoming Mayors and Managers Group Meeting and their Special Meeting this Wednesday with area Legislators. With further comments, Mayor Bush said he would let the Commission know tomorrow which Legislators would be attending Wednesday's Special Mayors and Managers Group Meeting, through the City Clerk. Lastly, Mayor Bush asked about the status of the proposed Winter Springs Historical Society and mentioned that something should be decided soon. Commissioner McGinnis recommended a proposal with costs and details be put together and added, "We need to know some background." With discussion, Manager Smith explained, "At the last Meeting when this was discussed, and I recommended that I come back - to you with an Agenda Item that spelled all this information out -that is my plan." Deputy Mayor Krebs added, "If we don't have it on as an item, let's put it on as an item." Mayor Bush suggested, "Hopefully, we can get this on the Agenda soon." REPORTS 405. Commission Seat One -Jean Hovey Commissioner Jean Hovey stated, "I too wanted to thank Andrea (Lorenzo-Luaces) and her staff -that was a great Event and lots of positive comments." Next, Commissioner Hovey asked if there was an update on the Towne Park apartments. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department commented briefly on potential funding and noted, "As soon as we hear back from them, we will make sure that everyone is aware." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 14, 2009 PAGE 9 OF 17 REPORTS 406. Commission Seat Two -Rick Brown Absent. REPORTS ~ ' 407. Commission Seat Three -Gary Bonner ~~ Commissioner Gary Bonner remarked, "I too would like to thank Staff, Andrea (Lorenzo- Luaces) and Staff for a fantastic Event. It was my first time to be present for this Event ~ ', where we recognize the Volunteers and really an impressive group of Volunteers. It is '~ just terrific what citizens will do on behalf of their City when they answer the call - I was just complimented to be in their presence." Next, Commissioner Bonner asked about the status of inviting Legislators to the City of Winter Springs. City Clerk Lorenzo-Luaces mentioned that Mayor Bush had signed letters to area Legislators and we planned to mail them tomorrow. There were no objections to this. Commissioner Bonner then stated, "I do want to also compliment Staff and citizens on their accomplishments - we ratified item ` 104' tonight but I think that we should actually take a moment to recognize Eloise (Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department) - on the accomplishment for the -Evaluation And Appraisal Report (EAR) with zero comments back from the State." Commissioner Bonner also recognized Mr. Charles Lacey, Chair of the Planning and Zoning Board/Local Planning Agency and his fellow Board Members who assisted with this effort. Continuing with his Report, Commissioner Bonner commented on the Police Department's excellent Citizen's Academy and noted he wholeheartedly recommended this to his fellow Commissioners and Winter Springs citizens. Commissioner Bonner also again suggested this program be expanded to include all Departments. Lastly, Commissioner Bonner mentioned he would be attending a Homeowner's Association meeting of the Reserve at Tuscawilla tomorrow evening. REPORTS 408. Commission Seat Four -Sally McGinnis Commissioner McGinnis addressed Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Department and mentioned that she had received some telephone calls regarding the proposed water cost increases. CITY OF WINTER SPRINGS, FLORIDA MINUTES CI"rY COMMISSION REGULAR MEETING -SEPTEMBER 14, 2009 PAGE 10 OF 17 Commissioner McGinnis suggested it might be helpful to address such questions as: ~I "What is the fee for?" "Why do you have a Stormwater Fee?" Commissioner McGinnis then asked if something could be added to the City's Website addressing such questions. ~! Mr. Lockcuff recommended that perhaps something could be added to the upcoming Newsletter. Commissioner McGinnis also thanked the Office of the City Clerk for the Board and Committee Appreciation Dinner held last Friday and complimented Hollywood Bistro on ~ ~, their desserts. ~~~' f"~ ~~~ • • AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS DISCUSSED NEXT, AS NOTED, FOLLOWED BY THE REST OF THE ~ AGENDA. • • REPORTS REPORTS 404. Office Of The Mavor -John F. Bush Mayor Bush mentioned, "This Budget year, with Kevin's (Smith) leadership cutting the 1.7 million [dollars] out of the Budget - he did that with the help of everybody in the City, all the Department Heads, and so forth." Mayor Bush then suggested that the City Commission consider giving City employees an additional day off in the upcoming new Fiscal Year. Discussion followed with Manager Smith. Deputy Mayor Krebs asked for the financial impact of such a proposal. Manager Smith noted, "If the Commission is of the mindset to give this any consideration, I would be happy to bring back an Agenda Item that offers you the chance to discuss it, think about it; and give you the Fiscal impact." Deputy Mayor Krebs stated, "That is what I would like." Mayor Bush asked Manager Smith, "Maybe this could be done at the next Meeting? Kevin (Smith), do you think you could have this information that Commissioner Krebs is asking for?" Manager Smith stated, "Sure." Commissioner Bonner asked if an Amendment to the Personnel Policy would need to come back to the City Commission and Manager Smith said he would get with the City Attorney on this. Mayor Bush asked, "Can we have a Motion to put this on the Agenda at our next Meeting?" "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 14, 2009 PAGE 11 OF 17 MAYOR BUSH ADDED, "THE MOTION IS THAT KEVIN (SMITH) WILL BRING BACK TO THE COMMISSION THE ESTIMATED COST AND IMPACT ON THE CITY'S FINANCIALS AS WELL AS ANY PERSONNEL ISSUES THAT NEED TO BE ADDRESSED." VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE ~~~ ', DEPUTY MAYOR KREBS: AYE MOTION CARRIED. ~, PUBLIC INPUT Mr. Arsenio Calle, 110 Arrowhead Court, Winter Springs, Florida: thanked the City Commission for the Board and Committee Appreciation Dinner held last Friday; and mentioned he thought beverage prices were a little high. Mr. Robert King, 2211 Black Hammock Road, Oviedo, Florida: commented on a snipe signage issue near DeLeon Street and presented some photographs related to a business in the City limits of Winter Springs. Mr. King also mentioned that this signage problem involved both Winter Springs and Seminole County Code Enforcement. Mr. King then commented that over the years, this City had changed for the better. Captain Glenn Tolleson, Code Enforcement Bureau, Police Department addressed this issue. Discussion. Manager Smith said to Captain Tolleson, "If you would contact Seminole County directly on Mr. King's issues and let me know, I would appreciate that." Captain Tolleson responded, "Absolutely." Mayor Bush suggested that Mr. King also address the Seminole County Commission on this issue. Mr. King also mentioned that this business had possibly changed as the original Special Exception would not have needed to advertise with local signage. Tape 1/Side B CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 14, 2009 PAGE 12 OF 17 Mayor Bush said, "Maybe Kevin (Smith) and Anthony (Garganese) need to get together and see if they are violating..." Mayor Bush added, "And Kevin (Smith), you will keep Mr. King informed of what you and Anthony (Garganese) come up with?" Manager Smith stated, "Absolutely." Deputy Mayor Krebs suggested to Captain Tolleson that further actions could be considered. Ms. Pam Carroll, 865 Dyson Drive, Winter Springs, Florida: speaking as the President of the Tuscawilla Homeowner's Association, Ms. Carroll commented on the Compatibility Ordinance and suggested reasonable enhancements to the Building Code be considered for the City. Discussion ensued on the review process and Mr. Stevenson gave a brief status update and stated, "We are reassessing some of the items. I think part of your direction was to try to take some of the subjectivity out of our review." Mr. Stevenson added, "We're looking at various issues right now. We will again be getting that back to you as quickly as we can." Mayor Bush noted that Ms. Loretta Ames and Ms. Carolyn Garnsey did not want to address the City Commission but they were in favor of a Dog Park. Mr. Richard Grogan, 1 North Fairfax, Winter Springs, Florida: commented on Banners and flags; and asked if flags could be flown on the Trail Bridge. Discussion followed on what had previously been decided regarding flags for the State Road 434 Trail Bridge and if flags could not be flown, then as an alternative, could the flagpoles be taken down? Mayor Bush said to City Clerk Lorenzo-Luaces, "Could you, when you have a chance, research the Record?" Manager Smith added, "We'd be happy to do that." Discussion followed on possible safety issues that were previously mentioned. Mr. Lockcuff addressed this matter and suggested perhaps a County flag could possibly be flown on the Trail Bridge flagpoles. Mayor Bush thought that Seminole County had not agreed to this being done and added, "Why don't we give Andrea (Lorenzo-Luaces) a chance to research the Record and maybe Kevin (Smith), you could check with Cindy Coto [Seminole County Manager] - to see if we can resurrect her memory on this and then, maybe at the next Meeting, decide what we want to do." d Mr. Bill St. Amour, 645 Marlin Street, Winter Springs, Florida: commented on economic issues and cost-cutting and thought that beautification costs could possibly be reconsidered. CTI'Y OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 14, 2009 PAGE 13 OF 17 PUBLIC HEARINGS AGENDA -PART II PUBLIC HEARINGS 502. Not Used. REGULAR AGENDA REGULAR 600. Community Development Department - Urban Beautification Services Division Requesting The Commission Consider Additional Banner Installations And Provide Direction For Phase II Of The City's Pole Banner Program. Mr. Steve Richart, Urban Beautification Services Division Manager, Community Development Department presented this Agenda Item for discussion. Much discussion. Discussion followed on the preference by members of the City Commission for a designated funding source which would not include City Reserves; how do other municipalities get support and funding for such a project; not having an excessive amount of Banners; and getting the Beautification of Winter Springs Board to assist with this project. Further discussion. "I WILL MAKE A MOTION TO BRING THIS BACK AT A FUTURE DATE AFTER RESEARCHING SPONSORS, FUNDING SOURCES AND TO COMMISSIONER BONNER'S POINT, BRINGING IT BACK TO THE BOWS (BEAUTIFICATION OF WINTER SPRINGS BOARD) BOARD AND GETTING SOME CITIZEN INPUT." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 14, 2009 PAGE 14 OF 17 • • AGENDA NOTE: THE FOLLOWING DISCUSSION WAS HELD NEXT, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA AS DOCUMENTED. • • Mr. Tom Fehnel, 772 Bear Creek Circle„ Winter Springs, Florida: advised the City Commission about "Adorable Kinders" dolls which are being manufactured in Winter Springs. Tape 2/Side A • • AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM "601" WAS DISCUSSED NEXT, AND WAS ALSO DISCUSSED AGAIN, AS NOTED ON PAGES 15-16 OF THESE MINUTES. • • REGULAR AGENDA REGULAR 601. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs And The Oviedo-Winter Springs Chamber Of Commerce For The 2"`~ Annual Winter Springs Festival Of The Arts. Mr. Chuck Pula, Director, Parks and Recreation Department began the discussion on this Agenda Item. Discussion. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. Mr. Paul P. Partyka, 292 Solaris Wharf Street, Winter Springs, Florida: as the President of the Oviedo-Winter Springs Regional Chamber of Commerce, Mr. Partyka commented on a Golf Tournament held today and then introduced individuals affiliated with the Oviedo-Winter Springs Regional Chamber Of Commerce. .-;:~ ,;.`~~ t~ d C[TY OF W[NTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER t4, 2009 PAGE I S OF l7 Mr. Charles Lacey of the Oviedo-Winter Springs Regional Chamber of Commerce addressed the City Commission on this Agenda Item and suggested, "It would be our request that the Contract be approved with a stipulation also that the City would pay for the overtime to go with the Police." • • AGENDA NOTE: REGULAR AGENDA ITEM "601" WAS DISCUSSED AGAIN, AS PREVIOUSLY NOTED ON PAGES 14-15 OF THESE MINUTES. .;..;. REGULAR AGENDA REGULAR 601. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs And The Oviedo-Winter Springs Chamber Of Commerce For The 2"`~ Annual Winter Springs Festival Of The Arts. "I AM GOING TO - MAKE A MOTION TO RECONSIDER THIS ITEM." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mr. Lacey further explained, "We are asking that the Chamber as your partner, pay for all the Public Works, Parks and Recreation costs and that the City pay for the Police expenses necessary to protect the citizens." Discussion followed with Chief of Police Kevin Brunelle on projected costs. Commissioner McGinnis asked Chief Brunelle, "I would like to know how many people there were last year; and then what the increase is projected this year; how much it cost last year?" Chief Brunelle responded, "I can find that out." Ms. Brenda Hayes Brown, 211 Nandina Terrace, Winter Springs, Florida: commented on sponsors and sales for this proposed event. b t~ d Further discussion ensued. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 14, 2009 PAGE 16 OF 17 Mr. Lacey noted, "Last year, there were many precedents - we don't necessarily want to follow all of them, but let me propose this one - we came to you without a presenting Sponsor and we made the agreement that if we got a presenting Sponsor and through the good graces of the City we were able to get one, then the Chamber used those sponsorship dollars to pay for the costs that the City had agreed to. You might consider ~ that at this point in time, to follow that same agreement and work with us jointly to get ~!="" the presenting sponsor which would then cover all those costs; and failing that, we'd ask the City to be the back-up source for protecting the citizenry." Deputy Mayor Krebs suggested "I am going to make a Motion to Rescind what we just did, so that it goes back to the Manager, goes back to the Chamber and it comes back to `'~',~ us; but, I want to know the costs." "MY MOTION IS TO RESCIND THE -VOTE FOR `601'." MOTION BY G DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. MAYOR BUSH ADDED, MOTION IS TO RESCIND AND "SEND IT BACK TO - BETWEEN THE CHAMBER AND THE MANAGER AND THE POLICE CHIEF - TO COME BACK WITH THE INFORMATION." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR 602. Office Of The City Manager Requesting That (1) The City Commission Accept The City Manager's Response To The City Commission's Previous Inquiry Regarding The City's Trustee Membership With The Oviedo-Winter Springs Chamber Of Commerce; And (2) The City Commission Consider Approving A Written Agreement With The Oviedo- Winter Springs Chamber Of Commerce Which Memorializes The Terms And Conditions Under Which The City Will Continue To Maintain Its Trustee Membership During The Next Three Years. Manager Smith introduced this Agenda Item for discussion. Mr. Paul P. Partyka, 292 Solaris Wharf Street, Winter Springs, Florida: speaking as the President of the Oviedo-Winter Springs Regional Chamber of Commerce noted, "We can't make a decision as a Chamber until we bring it up to the Board. It's on the Board Agenda tomorrow and at that time, we'll discuss it." CITY OF WINTER SPKINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 14, 2009 PAGE 17 OF 17 Mr. Partyka stated, "We're going to try to treat the Trustees with a standard Agreement right across the Board and so we'll discuss that tomorrow as an Agenda Item; so, we'll have an answer back and we also agree with you on this - we will send you those things, in terms of Financial Reports, that is a standard that any member can have. We will get that to you right away. And, in terms of Reports, we use our Newsletter for Reports, but we will do a little bit more detail because we have actual results on every event that we do, so we can send that to the City. So, we will do that, and that's regardless of what happens." "MOTION TO TABLE." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 7:12 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, MMC CITY CLERK APPROVED: MAYOR JOHN F. BUSH b t~ d NOTE: These Minutes were approved at the , 2009 Regular City Commission Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 14, 2009 CALL TO ORDER The Regular Meeting of Monday, September 14, 2009 of the City Commission was called to Order by Mayor John F. Bush 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, present Deputy Mayor Joanne M. Krebs, present Commissioner Jean Hovey, present Commissioner Rick Brown, absent 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. Under Agenda Changes, Mayor Bush referenced a letter distributed by City Attorney Anthony A. Garganese related to Consent Agenda Items "200" and "201". PUBLIC HEARINGS AGENDA - PART I PUBLIC HEARINGS 500. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution No. (Number) 2009 -45, Which Establishes The Tentative Operating Millage Rate For Fiscal Year 2009 -2010 For The City Of Winter Springs At 2.4714 Mills Which Is 9.79% Less Than The Rolled -Back Rate Of 2.7395 Mills And The Tentative Voted Debt Service Millage Rate For The Fiscal Year 2009 -2010 For The City Of Winter Springs At 0.1100 Mills. Mayor Bush began the discussion on this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Bill St. Amour, 645 Marlin Street, Winter Springs, Florida: asked about the Rolled Back Rate. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 14, 2009 PAGE 2 OF 17 City Manager Kevin L. Smith addressed this inquiry. Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Kelly Balagia, Interim Director, Finance Department spoke briefly on this Agenda Item. Brief discussion. "MOTION TO APPROVE" (INCLUDING RESOLUTION 2009 -45). MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution No. (Number) 2009 -46, Establishing The Tentative Budget For Fiscal Year 2009 -2010. Ms. Balagia briefly spoke on this Agenda Item. Discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I WILL MAKE A MOTION TO ADOPT RESOLUTION NUMBER 2009 -46 ESTABLISHING THE TENTATIVE BUDGET FOR FISCAL YEAR 2009 - 2010." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 14, 2009 PAGE 3 OF 17 VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. INFORMATIONAL 101. Community Development Department Wishes To Update The City Commission On The Upcoming Requirement For Appointments To The 2010 Winter Springs Districting Commission. This Agenda Item was not discussed. INFORMATIONAL 102. Police Department Wishes To Inform The Commission About Receiving Approval For Reimbursement Training Funds Through Work Force Of Central Florida. There was no discussion on this Agenda Item. INFORMATIONAL 103. Public Works Department Providing The City Commission With A Status Update Regarding Paving Of The Existing Dirt Roads In The Ranchlands. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 14, 2009 PAGE 4 OF 17 INFORMATIONAL 104. Community Development Department — Planning Division Submits With Pleasure, The Findings (ORC Report) [Objections, Recommendations And Comments Report] Of The Florida Dept (Department) Of Community Affairs' Concerning The City's Evaluation And Appraisal Report (EAR) Based Amendments To The Comprehensive Plan In Which The State Identified NO Objections. This Agenda Item was not discussed. "MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Community Development Department — Urban Beautification Services Division Requesting Authorization For The City To Enter Into A Contract Agreement With Dawnalee Corporation For The Landscape Maintenance Of Various City Rights - Of -Way, Medians And Ponds At A Cost Of $136,143.00. No discussion. CONSENT 201. Community Development Department — Urban Beautification Services Division Requesting Authorization For The City To Enter Into Contract Agreements For Landscape Maintenance Services For State Road 434 Rights -Of -Way, Medians And Ponds With Annan Landscaping, L.L.C., At A Cost Of $94,725.00, And With TruGreen, L.P., At A Cost Of $5,032.00. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 14, 2009 PAGE 5 OF 17 CONSENT 202. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. This Agenda Item was not discussed. CONSENT 203. Information Services Department Requests The Commission Authorization To Renew The Accela Annual Maintenance And Support Contract In The Amount Of $45,858.84. No discussion. CONSENT 204. Public Works Department — Stormwater Division Requesting Authorization To Renew The Contract With Lake Masters Aquatic Weed Control, Inc. For One Year For Aquatic Weed Control And Maintenance Services Of Certain Lakes And Ponds. Brief discussion ensued with Mr. Brian Fields, P.E., City Engineer, Public Works Department. CONSENT 205. Office Of The City Clerk Requesting Approval Of The August 24, 2009 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE CONSENT INCLUDING THE CHANGES THAT THE - CITY ATTORNEY GAVE US TONIGHT." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MAYOR BUSH ADDED, "MOTION TO APPROVE WITH THE TWO (2) ITEMS, `200' AND `201' THAT ANTHONY (GARGANESE) PROVIDED." VOTE: COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 14, 2009 PAGE 6 OF 17 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire Attorney Garganese noted they had filed a Motion for Summary Judgment in the Jones v. City of Winter Springs Case which involved the City's Stormwater Ordinance. Attorney Garganese also mentioned that this Case should be going to Trial in the next month or so and that he would keep the Commission informed. REPORTS 401. Office Of The City Manager — Kevin L. Smith Manager Smith spoke of issues he was working on which included the requested Charter Review. Discussion followed on the Charter Review process. "I MOVE WE RETAIN THE SERVICES OF MARILYN CROTTY AS FACILITATOR FOR THE CHARTER REVIEW COMMITTEE." MOTION BY COMMISSIONER McGINNIS. MOTION DIED FOR LACK OF A SECOND. Further discussion followed on the process and what the City Manager may suggest. "MOTION TO DIRECT THE CITY MANAGER TO - BRING BACK TO THE COMMISSION, SOMEONE WHO WILL FACILITATE THIS CHARTER REVIEW." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. DEPUTY MAYOR KREBS ADDED, "I WILL INCLUDE THAT HE BRING BACK THE NECESSARY PEOPLE THAT CAN FACILITATE THIS CHARTER REVIEW." COMMISSIONER BONNER NOTED, "I SUPPORT THAT." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 14, 2009 PAGE 7 OF 17 VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Continuing, Manager Smith also mentioned that he was finishing up the Strategic Plan and planned to have it back to the City Commission for their consideration soon. Additionally, Manager Smith commented that Staff was working on the signage issue which would include electronic signage; and that Attorney Garganese was finalizing an annexation issue. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC No Report. REPORTS 403. Commission Seat Five/Deputy Mayor — Joanne M. Krebs Deputy Mayor Joanne M. Krebs stated, "I continue to hear great things about you Kevin (Smith). I was a facilitator at the Leadership Seminole Government Class on Government Day and they just love working with you! So, keep up the good work!" Next, Deputy Mayor Krebs noted, "I want to really thank Andrea's (Lorenzo - Luaces, City Clerk) group for the great Appreciation Dinner that you guys put on. It was really nice and I heard lots of wonderful things about that too and everybody was very appreciative. I know I was. So thank you for that and kudos to your Staff; they just really are so professional." Commissioner Sally McGinnis added, "Ditto." Manager Smith remarked, "In line with what the Deputy Mayor said about Andrea (Lorenzo - Luaces) and her staff's assistance with the Event on Friday night. I just have to say, it is amazing — I constantly talk about saving money and trying to cut back, and it is amazing how Andrea (Lorenzo - Luaces) and her staff are able to put things together with less and less money." Deputy Mayor Krebs also complimented Chef Dee of Hollywood Bistro for his efforts with this Event. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 14, 2009 PAGE 8 OF 17 REPORTS 404. Office Of The Mayor — John F. Bush Mayor Bush also stated, "Andrea (Lorenzo - Luaces), you did a nice job. I thought the evening went well. Mayor Bush also suggested that a portable public address system was needed. Brief comments. Mayor Bush asked Manager Smith about the status of the City's Forensic Audit? Manager Smith spoke on this topic and said, "I will check back with her." Mayor Bush asked if an update could be given at upcoming City Commission Meetings. Mayor Bush mentioned he was on a committee working on a dedicated funding source for Transportation for Central Florida and noted he would bring back information to the City Commission. Next discussed was the upcoming Mayors and Managers Group Meeting and their Special Meeting this Wednesday with area Legislators. With further comments, Mayor Bush said he would let the Commission know tomorrow which Legislators would be attending Wednesday's Special Mayors and Managers Group Meeting, through the City Clerk. Lastly, Mayor Bush asked about the status of the proposed Winter Springs Historical Society and mentioned that something should be decided soon. Commissioner McGinnis recommended a proposal with costs and details be put together and added, "We need to know some background." With discussion, Manager Smith explained, "At the last Meeting when this was discussed, and I recommended that I come back — to you with an Agenda Item that spelled all this information out — that is my plan." Deputy Mayor Krebs added, "If we don't have it on as an item, let's put it on as an item." Mayor Bush suggested, "Hopefully, we can get this on the Agenda soon." REPORTS 405. Commission Seat One — Jean Hovey Commissioner Jean Hovey stated, "I too wanted to thank Andrea (Lorenzo - Luaces) and her staff — that was a great Event and lots of positive comments." Next, Commissioner Hovey asked if there was an update on the Towne Park apartments. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department commented briefly on potential funding and noted, "As soon as we hear back from them, we will make sure that everyone is aware." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 14, 2009 PAGE 9 OF 17 REPORTS 406. Commission Seat Two — Rick Brown Absent. REPORTS 407. Commission Seat Three — Gary Bonner Commissioner Gary Bonner remarked, "I too would like to thank Staff, Andrea (Lorenzo- Luaces) and Staff for a fantastic Event. It was my first time to be present for this Event where we recognize the Volunteers and really an impressive group of Volunteers. It is just terrific what citizens will do on behalf of their City when they answer the call — I was just complimented to be in their presence." Next, Commissioner Bonner asked about the status of inviting Legislators to the City of Winter Springs. City Clerk Lorenzo - Luaces mentioned that Mayor Bush had signed letters to area Legislators and we planned to mail them tomorrow. There were no objections to this. Commissioner Bonner then stated, "I do want to also compliment Staff and citizens on their accomplishments — we ratified item '104' tonight but I think that we should actually take a moment to recognize Eloise (Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department) — on the accomplishment for the - Evaluation And Appraisal Report (EAR) with zero comments back from the State." Commissioner Bonner also recognized Mr. Charles Lacey, Chair of the Planning and Zoning Board/Local Planning Agency and his fellow Board Members who assisted with this effort. Continuing with his Report, Commissioner Bonner commented on the Police Department's excellent Citizen's Academy and noted he wholeheartedly recommended this to his fellow Commissioners and Winter Springs citizens. Commissioner Bonner also again suggested this program be expanded to include all Departments. Lastly, Commissioner Bonner mentioned he would be attending a Homeowner's Association meeting of the Reserve at Tuscawilla tomorrow evening. REPORTS 408. Commission Seat Four — Sally McGinnis Commissioner McGinnis addressed Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Department and mentioned that she had received some telephone calls regarding the proposed water cost increases. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 14, 2009 PAGE 10 OF 17 Commissioner McGinnis suggested it might be helpful to address such questions as: "What is the fee for ?" "Why do you have a Stormwater Fee ?" Commissioner McGinnis then asked if something could be added to the City's Website addressing such questions. Mr. Lockcuff recommended that perhaps something could be added to the upcoming Newsletter. Commissioner McGinnis also thanked the Office of the City Clerk for the Board and Committee Appreciation Dinner held last Friday and complimented Hollywood Bistro on their desserts. ❖ ❖ AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS DISCUSSED NEXT, AS NOTED, FOLLOWED BY THE REST OF THE AGENDA. ❖ ❖ REPORTS REPORTS 404. Office Of The Mayor — John F. Bush Mayor Bush mentioned, "This Budget year, with Kevin's (Smith) leadership cutting the 1.7 million [dollars] out of the Budget - he did that with the help of everybody in the City, all the Department Heads, and so forth." Mayor Bush then suggested that the City Commission consider giving City employees an additional day off in the upcoming new Fiscal Year. Discussion followed with Manager Smith. Deputy Mayor Krebs asked for the financial impact of such a proposal. Manager Smith noted, "If the Commission is of the mindset to give this any consideration, I would be happy to bring back an Agenda Item that offers you the chance to discuss it, think about it; and give you the Fiscal impact." Deputy Mayor Krebs stated, "That is what I would like." Mayor Bush asked Manager Smith, "Maybe this could be done at the next Meeting? Kevin (Smith), do you think you could have this information that Commissioner Krebs is asking for ?" Manager Smith stated, "Sure." Commissioner Bonner asked if an Amendment to the Personnel Policy would need to come back to the City Commission and Manager Smith said he would get with the City Attorney on this. Mayor Bush asked, "Can we have a Motion to put this on the Agenda at our next Meeting ?" "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — SEPTEMBER 14, 2009 PAGE 11 OF 17 MAYOR BUSH ADDED, "THE MOTION IS THAT KEVIN (SMITH) WILL BRING BACK TO THE COMMISSION THE ESTIMATED COST AND IMPACT ON THE CITY'S FINANCIALS AS WELL AS ANY PERSONNEL ISSUES THAT NEED TO BE ADDRESSED." VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. PUBLIC INPUT Mr. Arsenio Calle, 110 Arrowhead Court, Winter Springs, Florida: thanked the City Commission for the Board and Committee Appreciation Dinner held last Friday; and mentioned he thought beverage prices were a little high. Mr. Robert King, 2211 Black Hammock Road, Oviedo, Florida: commented on a snipe signage issue near DeLeon Street and presented some photographs related to a business in the City limits of Winter Springs. Mr. King also mentioned that this signage problem involved both Winter Springs and Seminole County Code Enforcement. Mr. King then commented that over the years, this City had changed for the better. Captain Glenn Tolleson, Code Enforcement Bureau, Police Department addressed this issue. Discussion. Manager Smith said to Captain Tolleson, "If you would contact Seminole County directly on Mr. King's issues and let me know, I would appreciate that." Captain Tolleson responded, "Absolutely." Mayor Bush suggested that Mr. King also address the Seminole County Commission on this issue. Mr. King also mentioned that this business had possibly changed as the original Special Exception would not have needed to advertise with local signage. Tape 1 /Side B CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 14, 2009 PAGE 12 OF 17 Mayor Bush said, "Maybe Kevin (Smith) and Anthony (Garganese) need to get together and see if they are violating..." Mayor Bush added, "And Kevin (Smith), you will keep Mr. King informed of what you and Anthony (Garganese) come up with ?" Manager Smith stated, "Absolutely." Deputy Mayor Krebs suggested to Captain Tolleson that further actions could be considered. Ms. Pam Carroll, 865 Dyson Drive, Winter Springs, Florida: speaking as the President of the Tuscawilla Homeowner's Association, Ms. Carroll commented on the Compatibility Ordinance and suggested reasonable enhancements to the Building Code be considered for the City. Discussion ensued on the review process and Mr. Stevenson gave a brief status update and stated, "We are reassessing some of the items. I think part of your direction was to try to take some of the subjectivity out of our review." Mr. Stevenson added, "We're looking at various issues right now. We will again be getting that back to you as quickly as we can." Mayor Bush noted that Ms. Loretta Ames and Ms. Carolyn Garnsey did not want to address the City Commission but they were in favor of a Dog Park. Mr. Richard Grogan, 1 North Fairfax, Winter Springs, Florida: commented on Banners and flags; and asked if flags could be flown on the Trail Bridge. Discussion followed on what had previously been decided regarding flags for the State Road 434 Trail Bridge and if flags could not be flown, then as an alternative, could the flagpoles be taken down? Mayor Bush said to City Clerk Lorenzo - Luaces, "Could you, when you have a chance, research the Record ?" Manager Smith added, "We'd be happy to do that." Discussion followed on possible safety issues that were previously mentioned. Mr. Lockcuff addressed this matter and suggested perhaps a County flag could possibly be flown on the Trail Bridge flagpoles. Mayor Bush thought that Seminole County had not agreed to this being done and added, "Why don't we give Andrea (Lorenzo - Luaces) a chance to research the Record and maybe Kevin (Smith), you could check with Cindy Coto [Seminole County Manager] - to see if we can resurrect her memory on this and then, maybe at the next Meeting, decide what we want to do." Mr. Bill St. Amour, 645 Marlin Street, Winter Springs, Florida: commented on economic issues and cost - cutting and thought that beautification costs could possibly be reconsidered. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 14, 2009 PAGE 13 OF 17 PUBLIC HEARINGS AGENDA - PART II PUBLIC HEARINGS 502. Not Used. REGULAR AGENDA REGULAR 600. Community Development Department — Urban Beautification Services Division Requesting The Commission Consider Additional Banner Installations And Provide Direction For Phase II Of The City's Pole Banner Program. Mr. Steve Richart, Urban Beautification Services Division Manager, Community Development Department presented this Agenda Item for discussion. Much discussion. Discussion followed on the preference by members of the City Commission for a designated funding source which would not include City Reserves; how do other municipalities get support and funding for such a project; not having an excessive amount of Banners; and getting the Beautification of Winter Springs Board to assist with this project. Further discussion. "I WILL MAKE A MOTION TO BRING THIS BACK AT A FUTURE DATE AFTER RESEARCHING SPONSORS, FUNDING SOURCES AND TO COMMISSIONER BONNER'S POINT, BRINGING IT BACK TO THE BOWS (BEAUTIFICATION OF WINTER SPRINGS BOARD) BOARD AND GETTING SOME CITIZEN INPUT." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — SEPTEMBER 14, 2009 PAGE 14 OF 17 ❖ ❖ AGENDA NOTE: THE FOLLOWING DISCUSSION WAS HELD NEXT, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA AS DOCUMENTED. ❖ ❖ Mr. Tom Fehnel, 772 Bear Creek Circle„ Winter Springs, Florida: advised the City Commission about "Adorable Kinders" dolls which are being manufactured in Winter Springs. Tape 2 /Side A ❖ ❖ AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM "601" WAS DISCUSSED NEXT, AND WAS ALSO DISCUSSED AGAIN, AS NOTED ON PAGES 15 -16 OF THESE MINUTES. ❖ ❖ REGULAR AGENDA REGULAR 601. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs And The Oviedo - Winter Springs Chamber Of Commerce For The 2 Annual Winter Springs Festival Of The Arts. Mr. Chuck Pula, Director, Parks and Recreation Department began the discussion on this Agenda Item. Discussion. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. Mr. Paul P. Partyka, 292 Solaris Wharf Street, Winter Springs, Florida: as the President of the Oviedo - Winter Springs Regional Chamber of Commerce, Mr. Partyka commented on a Golf Tournament held today and then introduced individuals affiliated with the Oviedo - Winter Springs Regional Chamber Of Commerce. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 14, 2009 PAGE 15 OF 17 Mr. Charles Lacey of the Oviedo - Winter Springs Regional Chamber of Commerce addressed the City Commission on this Agenda Item and suggested, "It would be our request that the Contract be approved with a stipulation also that the City would pay for the overtime to go with the Police." ❖ • AGENDA NOTE: REGULAR AGENDA ITEM "601" WAS DISCUSSED AGAIN, AS PREVIOUSLY NOTED ON PAGES 14 -15 OF THESE MINUTES. .;..;. REGULAR AGENDA REGULAR 601. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs And The Oviedo - Winter Springs Chamber Of Commerce For The 2 Annual Winter Springs Festival Of The Arts. "I AM GOING TO — MAKE A MOTION TO RECONSIDER THIS ITEM." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mr. Lacey further explained, "We are asking that the Chamber as your partner, pay for all the Public Works, Parks and Recreation costs and that the City pay for the Police expenses necessary to protect the citizens." Discussion followed with Chief of Police Kevin Brunelle on projected costs. Commissioner McGinnis asked Chief Brunelle, "I would like to know how many people there were last year; and then what the increase is projected this year; how much it cost last year ?" Chief Brunelle responded, "I can find that out." Ms. Brenda Hayes Brown, 211 Nandina Terrace, Winter Springs, Florida: commented on sponsors and sales for this proposed event. Further discussion ensued. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 14, 2009 PAGE 16 OF 17 Mr. Lacey noted, "Last year, there were many precedents - we don't necessarily want to follow all of them, but let me propose this one - we came to you without a presenting Sponsor and we made the agreement that if we got a presenting Sponsor and through the good graces of the City we were able to get one, then the Chamber used those sponsorship dollars to pay for the costs that the City had agreed to. You might consider that at this point in time, to follow that same agreement and work with us jointly to get the presenting sponsor which would then cover all those costs; and failing that, we'd ask the City to be the back -up source for protecting the citizenry." Deputy Mayor Krebs suggested "I am going to make a Motion to Rescind what we just did, so that it goes back to the Manager, goes back to the Chamber and it comes back to us; but, I want to know the costs." "MY MOTION IS TO RESCIND THE - VOTE FOR `601'." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. MAYOR BUSH ADDED, MOTION IS TO RESCIND AND "SEND IT BACK TO — BETWEEN THE CHAMBER AND THE MANAGER AND THE POLICE CHIEF - TO COME BACK WITH THE INFORMATION." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR 602. Office Of The City Manager Requesting That (1) The City Commission Accept The City Manager's Response To The City Commission's Previous Inquiry Regarding The City's Trustee Membership With The Oviedo - Winter Springs Chamber Of Commerce; And (2) The City Commission Consider Approving A Written Agreement With The Oviedo - Winter Springs Chamber Of Commerce Which Memorializes The Terms And Conditions Under Which The City Will Continue To Maintain Its Trustee Membership During The Next Three Years. Manager Smith introduced this Agenda Item for discussion. Mr. Paul P. Partyka, 292 Solaris Wharf Street, Winter Springs, Florida: speaking as the President of the Oviedo - Winter Springs Regional Chamber of Commerce noted, "We can't make a decision as a Chamber until we bring it up to the Board. It's on the Board Agenda tomorrow and at that time, we'll discuss it." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — SEPTEMBER 14, 2009 PAGE 17 OF 17 Mr. Partyka stated, "We're going to try to treat the Trustees with a standard Agreement right across the Board and so we'll discuss that tomorrow as an Agenda Item; so, we'll have an answer back and we also agree with you on this — we will send you those things, in terms of Financial Reports, that is a standard that any member can have. We will get that to you right away. And, in terms of Reports, we use our Newsletter for Reports, but we will do a little bit more detail because we have actual results on every event that we do, so we can send that to the City. So, we will do that, and that's regardless of what happens." "MOTION TO TABLE." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 7:12 p.m. RESPECTFULLY SUBMITTED: 1 • 11 A LORENZO - LUACES, MMC C1 Y LERK A nPROVED: " - ( L MA 71 R F. BUSH NOTE: These Minutes were approved at the September 28, 2009 Regular City Commission Meeting.