Loading...
HomeMy WebLinkAbout_2002 12 09 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING DECEMBER 9, 2002 I. CALL TO ORDER The Regular Meeting of December 9, 2002 of the City Commission was called to order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor John F. Bush, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, arrived at 6:34 p.m. Commissioner Edward Martinez, Jr., present Commissioner Sally McGinnis, present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present After a moment of silence, the Pledge of Allegiance was recited. During a brief discussion of Agenda Changes, Mayor Bush announced that regarding Regular Agenda Item "B," "We are going to have a Meeting, a week from tonight to address this one Agenda Item by itself, the Villagio development on State Road 434." Mayor Bush also complimented City Manager Ronald W. McLemore for having notices delivered to the affected citizens. Mayor Bush added that this Special Meeting would be held on Monday, December 16,2002 at 6:30 p.m. Mayor Bush then noted that pertaining to Regular Agenda Item "'D,' I got a call today and no representative from the Little League could be present, therefore they asked that it be rescheduled at a future Meeting, so - the first Meeting in January would be the time for that and we need to let them know." Additionally, Mayor Bush pointed out that regarding "Agenda Item J, concerning Mr. Thompson and the removal of a tree - he has decided not to remove the tree and therefore has asked - this Item be removed as well." Commissioner Edward Martinez, Jr. asked if the Agenda Item concerning the Cathcart contract, Regular Agenda Item '0' could be moved "To the top of the Regular Agenda." There were no objections by the City Commission. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 9, 2002 PAGE 2 OF 29 PRESENT A nONS A. Office Of The City Manager Presentation On Midge Flies By Mr. Richard Lobinske, With The University Of Florida Mid Florida Research Center. Mr. Richard J. Lobinske presented the City Commission with information on Midge flies, including remarks about possible heath problems and scientific tests that have been conducted. Commissioner Michael S. Blake arrived at 6:34 p.m. Discussion. II. PUBLI C INPUT Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: spoke on the results of the recent election; welcomed Mayor Bush and Commissioner Sally McGinnis; spoke of the Tuscawilla Homeowner's Association; and regarding the Cathcart project, Mr. Warner asked about payments to the contractor. Mr. George Seeley, 211 Birch Terrace, Winter Springs, Florida: commented about Mr. Chris Carson being an employee of the Parks and Recreation Department and an Elected Official of the City of Debary, and said a similar issue came up a few years ago and said that "We got a ruling from the Attorney General from the State of Florida that nobody could hold an elected position in one jurisdiction while a paid employee of another." City Attorney Anthony A. Garganese stated, "I will go back and look at the archives and see if we have any letter to that effect." Attorney Garganese added, "My recollection is there is not a problem in that respect, I will be happy to go back and double check - I will report to the City Commission at your next Meeting. III. CONSENT CONSENT A. Office Of The City Clerk Approval Of The November 25, 2002 City Commission Regular Meeting Minutes. CONSENT B. Informational Services Department Requests That The Commission Approve The Revised Computer Use Policy. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 9,2002 PAGE 3 OF 29 CONSENT C. Public Works Department Requesting A Supplemental Authorization For The Contractual Agreement For The Contractual Agreement For The Construction Of Hickory Grove Park Road And Tuskawilla Road (Main Street) Roadway Improvements. Discussion. CONSENT D. Public Works Department Requesting Authorization To "Piggy-Back" Off The Seminole County Contract A/B-30210l/GG For Construction Of The Intersection Signalization System Improvements At State Road 434 And Wagner's Curve With Traffic Control Devices, Inc. CONSENT E. Office Of The Mayor Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Mayor PaulP. Partyka For His Numerous Contributions In His Capacity Of Mayor To The City Commission And The Citizens Of The City Of Winter Springs. CONSENT F. Office Of The Mayor Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Commissioner Cindy Gennell For Her Numerous Contributions In Her Capacity As A City Commissioner To The City Of Winter Springs. "MOTION TO APPROVE CONSENT AGENDA." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 9, 2002 PAGE 4 OF 29 IV. INFORMATIONAL INFORMATIONAL A. Public Works Department Advising The City Commission Of The Status Of Various Capital Improvement Projects. Discussion. INFORMATIONAL B. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Commissioner Robert S. Miller stated, "It was brought to my attention that the JDC Calhoun Item on page 2 might not be up to date and also the 434 Villagio - the website, evidently it does not accurately reflect where we are right now, so I think Staff needs to look at that to make sure that whatever is current is reflected on the website - I can get with you later on and get the details for you. Mayor Bush suggested to the City Manager that "We Might want to put a disclaimer on the website, because it might be very difficult to keep what we see here and the website in sync." Mayor Bush further added, "Some kind of a disclaimer to that effect so people don't treat the web as the official document." "MOTION TO APPROVE" INFORMATIONAL AGENDA. MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 9, 2002 PAGE 5 OF 29 VI. REGULAR REGULAR O. Office Of The City Manager Requesting The City Commission To Review And Approve A Settlement Agreement With Cathcart Contracting Company Finalizing Cathcart's Construction Contract With The City In The Amount Of $1,977,257.75 And Other Terms And Conditions Discussed Herein As Recommended By The Tuscawilla Lighting And Beautification District Board. Manager McLemore introduced this Agenda Item. With discussion, Commissioner Blake referred to the list and said that some items were not noted. Commissioner Blake pointed out that the "Winter Springs Boulevard entrance that is on the far east side, not to be confused with the Seneca Boulevard entrance, but I believe there is some ironwork there that doesn't exist." Commissioner Blake thought there might be one additional problem and added, "This being beside the Seneca Boulevard entrance where they have that iron work Kip [Lockcuff]?" Manager McLemore then said, "We will check it and make sure." With further discussion, Commissioner Martinez stated, "The only way I would vote for this - to approve this Item tonight is if I get assurances from the City Manager and all parties concerned that all of these items are pending, including fixing up that entrance at Shetland. " Tape I /Side B Regarding payments and the contract, Commissioner Martinez added, "I would like to make sure that you do not pay him whatever monies you owe him until this punch list is taken care of." Discussion. Mayor Bush said that "Commissioner Martinez's comments about being assured that the punch list is a good one, so maybe the Manager could keep the Commission informed when that comes in and make sure that Commissioner Martinez of course knows about it. " "MOTION TO APPROVE ITEM '0.'" MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 9,2002 PAGE 6 OF 29 COMMISSIONER BLAKE STATED, "I WOULD THINK THAT WE WOULD BE WILLING TO PUT SOME LANGUAGE IN HERE THAT CHANGES THE DATE." FURTHER, COMMISSIONER BLAKE SUGGESTED, " I THINK WE NEED TO PUT IT IN HERE THAT IT HAS TO BE COMPLETED BY OUR NEXT REGULARL Y SCHEDULED COMMISSION MEETING OR THE MANAGER AND THE CONTRACTOR HAVE TO COME BACK BEFORE US TO EXPLAIN 'WHY AND THAT WOULD BE AN AMENDED MOTION." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRlED. COMMISSIONER DAVID "V. McLEOD STATED FOR THE RECORD THAT "THE SAVINGS 'VOULD BE FOR THE RESIDENTS OF TUSCA WILLA." MAYOR BUSH CLARIFIED THAT "THE MOTION THEN IS TO APPROVE THE CONTRACT AS PRESENTED WITH THE COMPLETION DATE BEING BY THE FIRST REGULAR COMMISSION MEETING IN JANUARY OF 2003." VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Commissioner Martinez left the dais at 7:30p.m. .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WAS DISCUSSED NEXT AS NOTED. .:. .:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 9,2002 PAGE 7 OF 29 v. PUBLIC HEARINGS PUBLIC HEARINGS A. Office Of The City Manager Requesting The City Commission To Conduct A Public Hearing On First Reading Of Ordinance Number 2002-33 Amending Section 2-42. Of The City Code, Providing For The Appointment Of Persons With Prior Felony Convictions Subsequent To The Restoration Of Their Civil Rights. Manager McLemore spoke briefly on this Agenda Item. "I WOULD LIKE TO MAKE A MOTION THAT WE READ ORDINANCE 2002- 33 BY 'TITLE' ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McLEOD: NAY COMMISSIONER MILLER: NAY COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: NOT PRESENT FOR VOTE MOTION DID NOT CARRY. Commissioner Matiinez retumed to the dais at 7:32 p.m. NOTE: Commissioner Martinez said of/the record that his vote was "No. " Attomey Garganese read Ordinance 2002-33 in its entirety to those in attendance. Commissioner Blake pointed out that "Number (5) that was changed - where we also talk about a plea of nolo contendere - subsection (c) - the question is if somebody enters a plea of nolo contendere, do they have their rights removed?" Attorney Garganese said he would check on this. Commissioner Blake stated, "Some time between now and the Second Reading, if you couldjust make sure we don't leave somebody out there." Mayor Bush opened the 'Public Input" portion of this Agenda Item. Mr. Paul Leckinger, 1304 Winter Springs Boulevard, Winter Springs, Florida: commented on felons and suggested the Commission not do this. Mr. George Seeley, 211 Birch Terrace, Winter Springs, Florida: spoke in opposition to this Ordinance and remarked about felons. The "Public Input" portion of this Agenda Item was e/osed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 9,2002 PAGE 8 OF 29 Discussion. Commissioner Martinez stated that the Ordinance should have "Different wording and if you are going to make exclusions, they should be listed on there." "I WOULD LIKE TO MAKE A MOTION WE MOVE - ORDINANCE 2002-33 TO A SECOND ADOPTION HEARING, THE FIRST MEETING OF JANUARY 2003." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER MILLER: NAY MOTION CARRIED. VI. REGULAR REGULAR A. Office Of The City Manager Requesting The Commission To Receive A Report From The Florida's Turnpike Enterprise On The Results Of The Toll Rebate Incentive Program (TRIP), A One- Year Pilot Program To Reduce Tolls On State Road 417 Between State Road 434 And Red Bug Road. Mr. Joey D. Gordon, Regional Planning Administrator, Turnpike Enterprise, MP 263, Turkey Lake Service Plaza, Post Office Box 613069, Ocoee, Florida; and Mr. Sa ad Shbaklo, Senior Transportation Engineer, Turnpike Enterprise, MP 263, Turkey Lake Service Plaza, Post Office Box 613069, Ocoee. Florida: presented the results of the year- long study on the Seminole Expressway Toll Rebate Incentive Program (TRIP). Tape 2/Side A Commissioner Mi lIer spoke of the "Incredible" costs associated with the TRIP [Toll Rebate Incentive Program] Program and stated, "I also would like to point out that the Expressway is a first class operation, but sometimes I wonder about what you are really trying to do because you are putting an incredible investment into things that I think are driving the cost of that roadway to a point where the main arteries through the City - not this City but through Orlando - there are going to be problems forever - I am just making a public observation about the cost of your roadway." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 9, 2002 PAGE 9 OF 29 Next, Commissioner Miller pointed out that "To go from Sanford down to the south end - is somewhere around eight dollars ($8.00). Yet I can drive all the way down to Miami and the other tollway for about the same price but instead of going eighteen (18) miles, I am going ISO miles. Your comment about the thing not really working out, I think 18,000 trips a month is significant. You were reducing it to a daily number - just marginalizing it with a little increase of 200 vehicles. So anyone from now on who, which I by the way went out and bought a SunPass so you can tell me it has been permanently - report it to your higher ups that this guy does not need to have one from now on or it did not click so I get my $200.00 fine going through - but for people who have to pay seventy-five cents to go from Winter Springs [State Road] 434-on ramp down to Oviedo, I think is really a high cost because on a per mile basis it is incredible, it really is to go one (1) exit for seventy-five cents. So, if you have spent this $400,000.00 and it is already into place, it really intrigues me why you have run this all through the management system and you have decided it really does not work so it really is not worthwhile maintaining." Furthermore, Commissioner Miller stated, "My personal opinion, it is worth maintaining for no other reason Sir, than that trip probably is not worth what it is being charged at right now. So for you to abandon all this infrastructure that you have put in, and go back to the seventy-five cents, I think it is going to make you all a lot more money than you are making right now, but I think it is a disservice to the driving public. I enjoy using the roadway but I find it - much more than what I expect at your toll booth arrangements. They must cost hundreds of million of dollars just for the toll booth systems that you put up. And then you have the tollbooth in Winter Springs manned all the time but you do not tell anybody when. So I believe you have got a lot of people working for you that are - I would be curious about your manpower costs as a percentage of your total annual - total operations cost. I understand you are still spooling up to have this thing all done so ." you need trained people on board. But, I am very unhappy with this and I hope Congressman Mica is able to convert that to a Federal road one of these days very soon because a lot of people I know do not use it because of the cost. They find it incredibly expensive compared to most other roadways in the United States. If you go the whole length of New York - for I think - twelve dollars ($12.00). You can go the whole length of the New Jersey Turnpike for about eight dollars ($8.00). You can go all the way to Miami on the toll road for I think it is seven ($7.00) or eight dollars ($8.00) - and to go eighteen (18) miles on your roadway is over eight dollars ($8.00)." Commissioner Miller added, "My problem with you is I think you have reached the wrong conclusion regarding [State Road] 434 to Red Bug Road. I think you ought to just leave it the way it is. Yon have all the equipment - if you spent $400,000.00 on this, to abandon that investment for 200 trips a day when you have already got 18,000 going through a month - I think you ought to leave it the way it is." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 9, 2002 PAGE 10 OF 29 Next, Commissioner Miller stated, "If! can go all the way from the north side of Sanford down to the south side of the attractions for about eight dollars ($8.00), on an eighteen (18) mile run, that is about twenty cents a mile I think. So if I am going to pay seventy- five cents to go one (1) exit between [State Road] 434 and Red Bug Road, it seems to me that I might have some cause to challenge your overall statement that you are going to lose your Federal Bond support because you are in effect - reaping a windfall for that particular segment of the road." Commissioner Martinez addressed Mr. Gordon and stated, "Based on my observation of your presentation, I noticed that you placed a lot of emphasis in your promotion on the sale of E-P ASS and SunPass - reduction in prices, and I think that that would be a negative to any citizen who wanted to save forty-four cents to go into a bigger expense at the time. And maybe you agree with me or you will not but I think that the reason why you had such low participation during your pilot project was because of your efforts to sell SunPass and E-P ASS at the same time." Further discussion. Commissioner Martinez departed the dais at 8:34 p.m. Commissioner Blake asked, "Bond Indenture requires you to charge twelve and a half cents a mile?" Ivlr. Gordon responded, "That is the tolling structure that the bonds are based on - the full length of the Seminole Expressway." Commissioner Blake asked, "And if I got on at [State Road] 434 and I wanted to cross the bridge, and got off at the first [County Road] 427 exit - just north of the bridge, how far of a distance would that be?" Mr. Gordon asked, "Mileage wise?" Commissioner Blake stated, "Yes Sir. Do you know the exit numbers because are not they numbered by miles?" Mr. Gordon stated, "More or less." Commissioner Blake stated, "Okay, so what are the two (2) exit numbers?" Mr. Gordon said, "1 probably do in my binder but generally speaking it is based on twelve and a half cents per mile so when you make that movement, it should be something close to twelve and a half cents per mile." Next, Commissioner Blake then asked, "Where in your eighteen (18) mile system is it possible for somebody to be charged less than twelve and a half cents a mile? From which point to \vhich point?" Mr. Gordon stated, "Less than twelve and a half cents a mile?" Commissioner Blake stated, "Yes Sir. You said that the twelve and a half cents is an average over the entire length of the system. So my question is since we know that it is more than the twelve and a half cents a mile in some places, case in point, the segment that we discussed or the main item of discussion here this evening, and I would certainly suggest to you that from Exit 43, which is the [State Road] 434, to four (4) miles, five (5) miles max, at the [County Road] 427 Exit which I am certain you have been on, to pay a dollar and a half ($1.50) for that is probably in excess of twelve and a half cents a mile. So we know that there are segments that cost more than twelve and a half cents a mile. My question is in order for the Indenture to work out, where do you charge less than twelve and a half cents a mile? How is it possible for me to get on your roadway at any CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 9,2002 PAGE 11 OF29 point and get off without making an illegal u-turn at less than twelve and a half cents a mile?" Mr. Gordon said, "I would have to sit down and calculate the distances and calculate the tolls and see. I cannot tell." Commissioner Blake inquired, "Is there a segment?" Mr. Gordon said, "I do not know. I would have to sit down and calculate it out. I honestly do not know." Commissioner Martinez returned to the dais at 8:37 p.m. Commissioner Blake asked, "How do you reconcile the fact that you have in place a system that charges twelve and a half cents a mile between the Red Bug Road Exit 41, and the [State Road] 434 Exit 43? Which is the accurate amount? How can you come here before us and tell us you need to raise that toll from thirty-one cents up to seventy- five cents over that segment in order to meet the Bond Indenture?" Mr. Gordon stated, "The way the structure is comprised is one (1) of the ramps has plazas, one (1) does not. It depends on where you get on the system and where you get off the system as to what you're tolled." Commissioner Blake stated, "You told us earlier that you have apparatus in place on north ramps of Red Bug Road exit, one (1) southbound, one (1) northbound, that is a SunPass reader. So if 1 get on at Red Bug Road and I am heading north, I go through a SunPass reader, and if I get off at [State Road] 434 northbound, I go through another SunPass reader so you are read both times and that is in place today. And if I were to get on at [State Road] 434 and head south, I would go through a SunPass reader getting on - and when T get off at Red Bug Road southbound, I go through a reader again. So I do not understand your statement a minute ago that said there is no reader at those ramps." Mr. Gordon said, "As paI1 of the pilot study there are. But there were not - I was referring to prior to the pilot study." Commissioner Blake stated, "But they are there now at whatever cost, whether it be $400,000.00 it would have just been easier just to give everybody five dollars and forty-seven cents ($5.47) over the year that went through one of those things." Commissioner Blake stated further, "If somebody gets on today at Red Bug Road and heads north and gets off at the next exit, [State Road] 434, they will be charged approximately twelve and a half cents a mile; which is what the Bond Indenture requires." Mr. Shbaklo stated, "Yes." Commissioner Blake then said, ''Now if somebody gets on at Red Bug Road going north and they do not have E-P ASS, they do not pay to get on, they do not go through a transponder reader because they do not have a transponder, they do but there is no effect, and when they get off they pay seventy-five cents which is well in excess of the twelve and a half cents a mile. Which means that even in its cunent configuration, you are earning more than twelve and a half cents a mile for on average the vehicles that get on at Red Bug Road and get off at [State Road] 434 or visa versa." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 9, 2002 PAGE 12 OF 29 Commissioner Blake then stated, "I would suggest to you that it is very difficult for us to accept an answer 0 f we need to end this program and begin overcharging folks who drive this segment of roadway because only 200 cars a day are removed from this one (1) intersection down in downtown Oviedo. That is not a reason to raise tolls from twelve and a half cents a mile rate, which is what is guaranteed on the Bond Indentures, up to a rate that is more than double that." Discussion. Commissioner Blake inquired of Mr. Shbaklo, "What percentage of your vehicles get on at 1-4 and travel the entire eighteen (18) mile length or go the other way and travel the entire eighteen (18) mi Ie length that is in Seminole County?" Mr. Shbaklo said, "I do not have that exact number or percent of traffic that..." Commissioner Blake said, ".. .But you guys do know that number." Mr. Shbaklo responded, "We know how many people get on. We do not know the originations and destinations of people because we do not track them." Commissioner Blake stated, "But if somebody - clearly that is not the case because if somebody..." Mr. Shbaklo stated, "...We know where people get on and where they get off but we do not track the origin and destination of the same vehicle." Commissioner Blake asked, "Do you have any transponder readers at the County line, on the south side?" Mr. Shbaklo stated, "I think the most southern one would be at Aloma [Avenue]." Commissioner Blake stated, "Interesting. I bet you do have that data." Commissioner Blake inquired, "Who actually is the individual or the Board that made the decision, apparently already, to end this program?" Mr. Gordon stated, "Management, I do not know that it was an individual. It is not myself or not Saad [Shbaklo], it is a much higher level than us." Commissioner Blake asked, "Well, is it someone in the County or is it somebody at the Florida Turnpike Authority?" Mr. Gordon said, "It is the Turnpike's decision." Commissioner Blake asked, "Well, is it a Board type decision, or is it made by some Department Head of some level, or is it made by the Secretary of Transportation, made by the Governor?" Mr. Gordon said, "I would say it is a conglomeration of people in our Finance Department who primarily work with the Bonds, and the revenue transactions, and the monies, and upper management." With further discussion, Commissioner Blake said to Manager McLemore, "I think we need to take a little bit more further action on this and appeal to wherever the decision making level is on this to find out how they can change the rate that they charge on the roadway here from twelve and a half cents a mile to thirty cents a mile when the Bond indenture only requires twelve and a half cents a mile and they have not been able to demonstrate any place on the road where they have deficient collections that needs to be made up by an over collection within this segment." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 9,2002 PAGE 13 OF 29 Commissioner Miller stated, "Yes, at the end I think you should follow-up and ask if we are all in agreement on this because I am in agreement with what Commissioner Blake said. I think we need to go forward and back to the issue of the per mile - eighteen (18) miles and you have said about eight dollars ($8.00) will go from one end to the other..." Mr. Shbaklo asked, ".. .On the Seminole Expressway?" Commissioner Miller said, "On the Greenway going from 1-4 down to 1-4, on the east side. That is approximately eighteen (18) miles." Mr. Shbaklo said, "Eighteen (18) miles, Commissioner is from 1-4 on the north end to the Aloma [Avenue] or University Drive exit and that is the portion that the Turnpike owns. South of that is owned by the Orange County Expressway Authority." Next, Commissioner Miller suggested that "I would like to see you take back to your folks the point that I think you need to take a very serious look at your toll charges; because based on what you have said, I do not think that most people are aware of the economics at work here, and I am really not sure what is going on to be honest with you." Furthermore, Commissioner Miller stated, "If you are charging that much, there must be some reason for it. If you do not have a good reason for it, I think you need to take a serious look at reevaluating the rates that you charge along the roadway because to try and make up on one (1) section for a loss on the other, if in fact it is overkill on that one (1) section where you are not really doing very well - again I think there is room for significant examination here and lhope you will do that." Commissioner Miller stated further, "1 have seen a lot of tollbooths in my life and yours are - they must have been designed by someone who is building the Pentagon - at the beginning of World War II because they are incredible structures, they are solid poured concrete. They will be there for 10,000 years - in my opinion they are incredible overkill. If that is helping to drive up my cost to drive down your road to Oviedo - and pay seventy-five cents because of those, and that is above and beyond your - per mile - need for your Bond Indentures. Again, I think this is something you have brought on yourselves. I understand you have to make money but this is part of the reason why that roadway is not doing what everyone hoped it would do when it was created which was to take the traffic out of the center of the City and send it around. A lot of people will not use your road because it is so expensive for them. If they are making $30,000.00 a year and they go to the attractions every day to work, they are paying - eighty dollars ($80.00) a week - that is a lot of money - for your service." Next, Commissioner McLeod stated, "You have in here where you are comparing this thing based on your percentage use of the SunPass and E-P ASS, do you have any idea of all the amount of people that is using that is actually paying the cash. I know it is forty percent (40%) of the people, but is it forty percent (40%) of the trips coming in and out of there or forty percent (40%) of those trips - twenty percent (20%) - that is just Oviedo, Winter Springs travel? Or is twenty percent (20%) of those, forty percent (40%) for the whole Expressway?" Mr. Shbaklo said, "From the cash side?" Commissioner McLeod stated, "Yes - so you could have a larger volume percentage that is truly using it." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 9, 2002 PAGE 14 OF 29 Commissioner McLeod then remarked that "There are a lot of people today that do not have credit cards, your E-P ASS and SunPass is basically a credit card, they work with cash or they work with a check book. So I am not sure how true a relationship - when you say it is a two percent (2%) gain of usage that is bypassing the City - maybe it is truly an eight (8) or ten percent (10%) bypass because there may be more people that are using cash versus the E-P ASS. If that is the only part of your Expressway that these people happen to use on a regular basis, they may not bother to get your pass." Mr. Shbaklo said, "And that is one (I) issue Commissioner we were looking at, is how much of an enticement was the TRIP [Toll Rebate Incentive Program] Program in getting people to join the SunPass/E-P ASS Program. And what we had found is that not a lot of people did. If they initially did not have a SunPass or E-P ASS transponder, and they used cash, it is because they do not use the facility on a daily basis, they use it maybe once (1) every month, and they did not bother getting a SunPass or E-PASS." Commissioner McLeod then pointed out that "You have a certain amount of the general public that just \vill not - ever join your E-P ASS or SunPass. And I think part of the problem is you do not know what that is. You do not know what the quantity that becomes today." Mr. Shbaklo said, "In the one (1) year period of TRIP [Toll Rebate Incentive Program], we have tracked those people because we have visually - by license plate survey - so we observed the people that get on at [State Road] 434 and we track those people whether they exited at Red Bug [Road] or not. If they exited, we said those people would get, they got on at [State Road] 434 and exited at Red Bug Lake Road, they qualified for the discount if they had SunPass. If they did not show up in our sample that means the people had destinations south or north of [State Road] 434." Commissioner McLeod asked, "Isn't thar part of your forty percent (40%) of the people?" Mr. Shbaklo said, "The number that we show - fifty percent (50%) participation, initial participation in SunPass and E-P ASS, were those that had SunPass and E-P ASS, and they were making the trip between Red Bug [Road] and [State Road] 434 initially. So if they got on at [State Road] 434 and they went south all the way to Aloma [Avenue], they would not be tracked by us as part of the forty percent (40%) or the fifty percent (50%) initial participation." Commissioner McLeod asked, "The original fifty percent (50%) was - by the time of your program, you had sixty percent (60%). Is that correct?" Mr. Shbaklo said, "Correct." Commissioner McLeod then said, "So that had nothing to do with the amount of people with license plates?" Mr. Shbaklo responded, "The reason we did the license plates is because we wanted to see how much growth we..." Commissioner McLeod said, "...I understand. What was that percentage? I do not think. you ever gave that to us." Mr. Shbaklo said, "How many of the people getting on the ramps were SunPass or E-PASS?" Commissioner McLeod clarified, "Without it. You showed us SunPass/E-P ASS, you never showed us license plates. You did mention it - I do remember." Mr. Shbaklo said, "One (1) of those ramps, if! recall correctly, we had like 6,000 daily getting on at one of those, either [State Road] 434 or Red Bug [Road]. I can not remember which one. One of them had 6,000 total CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 9,2002 PAGE 15 OF 29 traffic including SunPass and cash customers, and that number went to 6,800 I believe. So that includes both cash and SunPass customers as well." Commissioner Blake stated, "I 'vvould like the Commission to direct the City Manager to communicate with whoever the decision-making body on this item is - the Turnpike Authority, the State, FDOT [Florida Department of Transportation] or whatever it happens to be, and make a plea for these tolls on this segment of the road to be retained at the twelve and a half cents per mile as is required by the Bond Indentures." Mayor Bush asked Members of the Commission, "Do we have consensus on that." Commissioner Martinez stated, "] am in agreement." No other Members of the City Commission stated any opposition. Manager McLemore stated, "1 think what all this is going to is what is the methodology by which the cost is distributed through the system. And in particularly why such a short portion would carry such a high amount of cost. I do not think it really is twelve and a half cents. There may be a twelve and a half cent rule of thumb but there cannot be in the way it was cost allocated to this short section. What I would like to see is how you build up your allocation cost for a segment. That is what I would be interested in. So can you explain to me how you did that on this short section to come out with this cost? I do not know that I want to know that tonight because I think it is a fairly lengthy discussion." Tape 2/Side B Furthermore, Manager McLemore stated, "The other thing is, as I understand, there was an effort or at least some discussion to try to federalize this section. And I am sure that you are all in favor of it, your Board was all in favor of it, but it did not happen - I would like a little more information on that too because the idea is as I thought it was, that if you did federalize it and you did not have the cost administration and all that kind of stuff, you really would motivate people to get off of 1-4 and go around. And as I understand also, it might have been a far better use of dollars to have done that rather than continue investing through local bonds or transit bonds. And are you aware of that or can you share any of that information with us as to why that decision was not pursued further? And do not give me the bond one because I do not buy that one. I have been doing bonds too long. There are all kinds of ways to - restructure debt. So again, if you do not know just say you do not know and we can, if the Commission is agreeable with it, I would like to pass that question along to your higher authorities also." Mr. Shbaklo said, "The only thing I could add to this is that sixty percent (60%) of the revenues needed to build or construct Seminole Expressway came from the Turnpike - bonds. And the remaining forty percent (40%) came from a collection of funds, either Federal funds, local funds, SBA funds."Manager McLemore reiterated, "I would really like to see that explanation for this link. I think again for the Commission, that is the only way you are ever going to get down to what is driving this." Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 9, 2002 PAGE 16 OF 29 In response to Manager McLemore's question, Mr. Shbaklo stated, "We do not really specify the toll on a segment by segment basis. That is not the way we do it. We specify the toll on average for the entire length of the facility. That is the example I gave for the eighteen (18) miles on the Seminole Expressway. A dollar fifty ($1.50) is the toll which equates to approximately twelve and a half cents per mile. Now it so happens that some of those Sh0l1 movements fall higher than twelve and a half cents per mile. But typically we do not set our tolls on a segment by segment basis. We set it on an entire facility length first." Manager McLemore responded, "I understand that but something caused this anomaly in your system and I would sure like to try to understand it. That is what this toll the last hour has been all about." Mr. Shbaklo said, "I think there are two (2) reasons for that. One (1) reason is the rounding of tolls. We round the tolls to the nearest quarter so that people do not have to pay twelve cents - we round them to the quarter. And that is one (1) issue why some people pay more than others. The other reason is the location of our interchanges - they are not equally spaced and they are dispersed throughout so some people again will pay more than others. So these two (2) factors will primarily be the reason why some people pay more than others." Manager McLemore then said, "Well, I think the allocation of that capital cost relative to the number of interchanges is something I understand, I can understand that. But somewhere in there 1 am assuming that - do you distribute your administration and overhead on a per mile basis, or is it on a cost of capital basis? What basis is it done? Is it a system wiele basis?" Mr. Shbaklo answered, "It is system wide..." Manager McLemore said, ".. .Okay, then why don't you do the capital that way?" Mr. Shbaklo said, "Because some facilities have - the Bonds..." Manager McLemore said, "...1 understand but if you look at a lIsage basis of who is using, the type of users, you could find all ways for allocating costs based on users as well as miles. So I think there are different ways to do methodologies, I am just trying to understand how it was applied in this link. That is all I am asking, I think that is all the Commission is asking is how did you get to that number." "IF THE COMMISSION WILL AGREE, I THINK THE CITY MANAGER SHOULD CRAFT THIS LETTER AND INCLUDE ALL THE POINTS WHICH WE HAVE RAISED AND HE HAS RAISED, AND WE WILL WAIT THEIR RESPONSE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNlS: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Bush called a recess at 8:55 p.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 9,2002 PAGE 17 OF 29 The Meeting reconvened at 9:00 p.m. REVISED REGULAR B. Community Development Department Presents To Tile City Commission, The Preliminary And Final Engineering Site Plan For Tile State Road 434 Retail Center Located On The West Side Of The Stone Gable Mixed Use Community And Tile South Side Of State Road 434. (TIlis Agenda Item Will Not Be Discussed At This Meeting, But Will Be Discussed At A Special Meeting To Be Held On Monday, December 16,2002.) As mentioned earlier in the Meeting, this Agenda Item will be discussed on Monday, December 16, 2002 at 6:30 p.m. REGULAR C. Board Of Trustees (Pension Board) Requesting The City Commission Approve Resolution 2002-39 Merging The Money Purchase Plan Into The Defined Benefit Plan And Amending The Defined Benefit Plan. Ms. Louise Frangoul, Finance Department Director introduced this Agenda Item, and the City's Consultant Mr. Donald Chapman. Mr. Donald D. Chapman, E.A., Retirement Plan Specialists, Inc., Post Office Box 622857, Oviedo, Florida: addressed the City Commission and reviewed information related to this Agenda Item. With discussion, Commissioner Blake suggested, "I would like to see a twenty (20) year rate on that within the Plan document, that would probably be fairly easy to fix prior to adoption." Further discussion ensued on the "Lump sum payment issue - the $3,500.00 cap on that." Mr. Chapman stated, "What this is is if somebody should terminate and have a small vested benefit. . ." Commissioner Blake added, "These would be with contributions made after October 1, 2000, not the amounts rolled in." Mr. Chapman stated, "Let's talk about just the present value of benefit - somebody is entitled to. You have a benefit that may be twenty dollars ($20.00) a month. Say it is worth, present value when we do our actuarial calculations, that benefit is worth $2,000.00. Okay. What we say is that person can take that as a lump sum, the full $2,000.00..." Commissioner Blake said, ".. .At the option of the beneficiary..." Mr. Chapman added, "...At the option of - right." Commissioner Blake stated, "They are not required to take it out." Mr. Chapman continued, "Yes, it is a minimum sum, everyone who has a lump sum less than $3,500.00, they are automatically paid a..." Commissioner Blake said, ".. . Cashed CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 9, 2002 PAGE 18 OF 29 out..." Mr. Chapman said, "A lump sum, you can cash them out - the purpose of that is- you don't want to keep those records for all those years." Further, Mr. Chapman then pointed out, "If somebody were over $3,500.00, then their benefit is vested and they receive it in the form of a monthly benefit." Commissioner Blake then stated, "If somebody leaves, their separation of service, and they were here prior to October 1 SI 2001, and including the balances prior to the plan date, the value of those dollars plus the value that has accrued and that they are vested in after the Plan date equals a present value of $4,500.00 - so it doesn't automatically cash out." Mr. Chapman agreed and said, "It doesn't automatically cash out." Commissioner Blake then commented that "They exercised their right to take out their pre-2000 cash contributions that they have made, they take that out and suddenly now the present value of the remaining benefit is only $2,000.00. Is it automatically cashed out at that point?" Mr. Chapman responded, "I could see that being read that it could be, potentially if they..." Commissioner Blake said, "00.1 don't want cans - it is either we do or we don't." Mr. Chapman clarified, "Right now it would not be cashed out, I guess it would be held there, because the full benefit was greater than..." Commissioner Blake then inquired, ".. .And what is the windo'vv of time that they are able to cash out that portion that was rolled over prior to 2000?" Mr. Chapman stated, "They make the election at the time they terminate and they will be given the forms, they make the choices. 00" Commissioner Blake then asked, "...Is it a one time election?" Mr. Chapman stated, "Usually it is, yes, at that time." Commissioner Blake then said, "So, at that time, they would give up any current cash rights to - those monies..." Mr. Chapman clarified, "It would be paid out in the f0l111 of a benefit when they reach normal retirement age. They have the option at the time they decide to terminate, and take - at that point, whether they want to take their money or have it paid out later." Commissioner Blake then stated, "We need to make sure this document states that and we. need to correct it if that is the case to be certain that if somebody does take that election to take out their pre-2000 pre-document contributions and then that leaves us a balance less than the $3,500.00 - that it is an automatic cash-out at that time also. Because if we don't do that we leave it in there and how I read it when I went through here, it is not required at that point in time - it is going to leave us potentially with some of these small balances out there that we really don't want to spend the time and money trying to administer over thirty (30) years, if that is what it is." Mr. Chapman stated, "And that is something - we would need to take up with the Attorneys." Discussion. Commissioner Blake inquired of Mr. Chapman, "On the thirty (30) year issue, thirty (30) year cap - if somebody works here for thirty-five (35) years and twenty (20) of those years were at the two percent (2%) level prior to the date of the plan, and fifteen (15) years were afterwards, which thiliy (30) years count for a three percent (3%), versus two percent (2%)." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 9, 2002 PAGE I90F29 Further, Commissioner Blake asked, "Is it your first thirty (30) years?" Mr. Chapman responded, "The first thirty (30) years." Commissioner Blake then said, "And that is stated clearly in here, in the document? I do not see it, and I would like to have a clear reference of that." Additionally, Commissioner Blake said, "I would hope that we would also at some point in time have a conversation about the status of the Plan, I understand the Pension Board [Board of Trustees] - it goes before them - but I am specifically concemed about the formula that we are currently using and the under funded status of the Plan." Commissioner Blake added, "I think we need to have a Meeting that might go over the current status, where we can look at potential funding requirements that we might have going forward to bring that plan back into line." Mr. Chapman stated, "And that will be forthcoming, within the next month." Tape 3/Side A "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ITEM 'C.'" MOTION BY COMMISSIONER MARTINEZ. MAYOR BUSH CLARIFIED THE MOTION AS "MOTION TO APPROVE RESOLUTION 2002-39 AMENDING THE CITY OF \VINTER SPRINGS' RETIREMENT PLAN." SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER BLAKE INQUIRED OF MANAGER McLEMORE, "IF THE PLAN WERE TO BE AMENDED OR CHANGED PRIOR TO ADOPTION AS I HA VE REQUESTED THAT IT BE AMENDED, WHERE YOU WOULD BE REQUIRED TO PAY FOR THE FULL - PRESENT VALUE OF THE BENEFITS THAT WOULD BE VESTED TO YOU, WHAT WOULD THE DOLLAR AMOUNT BE REQUIRED FOR YOU TO PAY IN." DISCUSSION ENSUED ON WHETHER THE PLAN SHOULD BE ADOPTED WITHOUT KNOWING THE DOLLAR FIGURE BEING DISCUSSED. COMMISSIONER BLAKE ADDED, "THERE ARE SEVERAL PARTS IN HERE THAT NEED TO BE AMENDED, TO ADOPT THE PLAN AS IT IS WRITTEN WOULD BE A MISTAKE AND WOULD COST THE CITY BIG DOLLARS POTENTIALLY. WAIT TWO (2) MORE WEEKS, OR ONE MORE MONTH, WHATEVER IT IS, COME BACK WITH THE INFORMATION AND COME BACK WITH THE REVISIONS THAT MAKE THE PLAN WHAT WE NEED IT TO BE." "MY AMENDMENT TO IT WOULD BE TO POSTPONE THE DECISION UNTIL JANUARY." AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. MAYOR BUSH POINTED OUT THAT "THE MOTION IS TO POSTPONE THIS TO THE FIRST MEETING IN JANUARY." SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 9,2002 PAGE 20 OF 29 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. REGULAR D. Parks And Recreation Department Requests That The City Commission Considers And Rejects The Winter Springs Little League Proposal Regarding Concession Operations At Central Winds Park And Authorize Staff To Go To Private Sector Again With A R.F.P. As noted under Agenda Changes earlier in the Meeting, Mayor Bush stated that "The Little League called today and indicated that - no representatives could be here tonight and therefore asked this be postponed, so it will be on the January" Meeting Agenda. REGULAR E. Community Development Department Recommends Approval Of A Request For A Variance By M.A. Garcia From Sections 9-147., 9-157., 9-221., And 9-223. Of The City Code Of Ordinances. Mr. John Baker, AICP, Current Planning Coordinator, Community Development Department presented his introductory comments. Mr. John Sikes, Civil Engineer, Blount Sikes & Associates, 3032 Mercy Drive, Orlando, Florida: addressed the Commission. Discussion. "MOTION TO APPROVE PROVIDING THAT BEFORE APPROVAL AND FINAL ENGINEERING THOSE NEIGHBORS IN OAK FOREST DO GIVE THEIR APPROV AL." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 9, 2002 PAGE 21 OF 29 Mr. Baker stated, "Mr. Mayor, could I ask for clarification about the fifty (50) versus 30 foot (30')?" Mayor Bush stated, ''No, not right now - they voted on accepting the V ariance and that is all. If you think that they have made a decision to change something in the Code - you can come back with it later." REGULAR F. Community Development Department Recommends The City Commission Deny A Request For A Variance By Paul Starks From Section 6-2. And 6-84. Of The City Code Of Ordinances. Mr. Baker briefly introduced this Agenda Item. Mr. Paul B. Starks, 484 Wild Fox Drive, Casselberry, Florida: addressed the Commission on his request for approval. Discussion ensued on barns and accessory buildings. Tape 3/Side B Further discussion. "I WOULD LIKE TO MAKE A MOTION TO POSTPONE THIS MATTER UNTIL AFTER THE WORKSHOP AND A NEW ORDINANCE; AND IF THE DECISION OF THE COMMISSION IS AT THE TIME THAT THIS SHOULD BE ALLOWED, THAT THE CITY REIMBURSE MR. STARKS FOR THE FEES HE P AID IN SEARCH OF A VARIANCE." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Commissioner Blake stated, "Point of Order" and spoke of the Ordinance and whether the applicant needed to come back. Commissioner McLeod pointed out that the date of the Workshop on Accessory Buildings will be January 21,2003. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 9, 2002 PAGE 22 OF 29 REGULAR G. Community Development Department Recommends The City Commission Hear The Request For A Variance By Louis And Betty Ann Ogus From Sections 6-2. And 20-103. Of The City Code Of Ordinances, For 668 White Oak Court, Tuscawilla Unit 9, Lot 54. Mr. Baker presented his introductory comments and Staff s recommendation for denial. Mr. and Mrs. Louis R. and Betty Ann Ogus, 668 White Oak Court, Winter Springs, Florida: provided information to the City Commission, and displayed photographs regarding their proposed addition. Discussion. Mr. Ogus read a letter from Lisa and Randy Torrence and said he would leave this and other letters with the City. Further discussion. "I MAKE A MOTION THAT - THE CITY COMMISSION OF WINTER SPRINGS MAKES A FINDING THAT THE SIX (6) CASES OF HARDSHIP, ETCETERAS, DO EXIST AND GRANT THE VARIANCE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "I MAKE A MOTION TO EXTEND THE MEETING UP TO ONE (1) HOUR." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: NAY COMMISSIONER McGINNIS: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 9, 2002 PAGE 23 OF 29 REGULAR H. Office Of The City Manager Requesting The City Commission To Approve A Pilot Project With Seminole County To Develop A Seamless Occupational License And Tax System. Manager McLemore opened discussion on this Agenda Item. Discussion. Commissioner Miller asked, "How many do we issue a year?" Manager McLemore said, "We don't have a lot, but the County does - we wouldn't get rebated for ours, we would get rebated for theirs and how many they issue in the City, but I could ascertain." Further discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE ENTER INTO A JOINT COLLECTION AGREEMENT WITH THE COUNTY BUT THAT WE NOT ENTER INTO AN AGREEMENT FOR A STUDY BY GSG." MOTION BY COMMISSIONER BLAKE. MOTION DIED FOR LACK OF A SECOND. "I MAKE A MOTION THAT WE DO NOT APPROVE ITEM 'H.'" MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY COMMISSIONER McLEOD: AYE MOTION CARRIED. Commissioner McLeod departed the Meeting at 11:10 p.m. REGULAR I. Office Of The City Manager Requesting The City Commission Approve An Interlocal Agreement With Seminole County For The Administration Of The I-Cent Local Option Sales Tax Revenues And Related Letter Of Understanding. Manager McLemore briefly spoke on this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 9,2002 PAGE 24 OF 29 "MOTION TO APPROVE ITEM 'I.'" MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR J. Community Development Department - Arbor Division Recommends The City Commission Consider The Request Of Mr. Bill Thompson To Remove 1 Specimen Loblolly Pine, Approximately 23 Inches In Diameter. Mayor Bush again noted that this Agenda Item had been removed from this Agenda. REGULAR K. Office Of The City Clerk Requests That Commissioner Michael S. Blake And Commissioner David W. McLeod Each Make An Appointment/Reappointment To The Board Of Trustees (Pension Plan). The Current Two (2) Board Of Trustees (Pension Plan) Members Who Have Not Been Reappointed As Of This Date - Their Terms Of Office Will Be Expiring In January 2003. Conmlissioner Blake stated, "I am going to delay this Appointment until the first Meeting in January." Mayor Bush added, "Since Commissioner McLeod has left, we will delay his too." Tape 4/Sid~ ^ REGULAR L. Office Of The City Manager Requesting The Mayor And City Commission To Determine The Next City Of Winter Springs Representative And Alternate Representative To The Council Of Local Governments In Seminole County (CALNO). Discussion ensued by Mayor Bush and Members of the City Commission about attendance by the Mayor and/or Members of the City Commission at various Intergovernmental functions. Mayor Bush suggested, "If the Commissioners would like to make a list of those things they would like to serve on, that are "Intergovernmental," I will be glad to work it out with them that they have the opportunity to do that. I just don't want to be accused of not fulfilling my job as outlined in the Charter." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 9, 2002 PAGE 25 OF 29 Further, Mayor Bush stated, "I am perfectly willing to share this responsibility with those who wish to get involved in some of these activities. Mayor Bush advised the City Commission that "What I had planned to do is that - any meeting I attend representing the City, I will write up a little summary of it - I will put the Agenda with the Clerk." Commissioner Martinez stated, "If I may suggest, I think that since they are bringing up the Charter, I think you ought to review all the appointments and designations to all these governmental entities and decide which ones you want, and if you don't want any and somebody else has it, well it is okay to let them have it but it will be your decision." "I WOULD LIKE TO MAKE A MOTION TO APPOINT MAYOR JOHN BUSH TO CALNO [COUNCIL OF LOCAL GOVERNMENTS IN SEMINOLE COUNTY] AND APPOINT SALLY McGINNIS AS THE ALTERNATE." MOTION BY COMMISSIONER MARTINEZ. MAYOR BUSH THEN STATED, "IF THE CLERK COULD GET A LIST OF ALL OF THE THINGS THEN WE COULD PROCEED WITH WHAT I MENTIONED." SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONR MARTINEZ: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAI{ M. Office Of The City Manager Recommends The City Commission Consider Nominating The Next Deputy Mayor As Stipulated In The Charter Of The City Of Winter Springs, Consistent With Actions In The Past. Mayor Bush briefly noted the role of Deputy Mayor. "I MAKE A MOTION THAT WE APPOINT COMMISSIONER ROBERT MILLER AS DEPUTY MAYOR." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 9,2002 PAGE 26 OF 29 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. REGULAR N. Not Used. ADD-ON REGULAR P. Office Of The City Manager Requesting The City Commission To Give Authority To Staff To Approve Sign Permits In The Town Center Requiring Only Copy And Lettering Review. Manager McLemore briefly introduced this Agenda Item. "MOTION TO APPROVE ITEM 'P.'" MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese stated for the record, "Just to memorialize what the C011m1ission approved, I am going to prepare a very simple Resolution for your signature." VII. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire No Report. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 9,2002 PAGE 27 OF 29 REPORTS B. City Manager - Ronald W. McLemore No Report. REPORTS C. City Clerk - Andrea Lorenzo-Luaces City Clerk Lorenzo-Luaces asked if the City Commission wished to have new photographs taken. Commissioner Miller stated, "Yes." Regarding a consensus of the City Commission, Mayor Bush stated, "They all agree." REPORTS D. Commission Seat Two - Michael S. Blake Commissioner Blake stated, "I want to extend my appreciation to Andrea [Lorenzo- Luaces, City Clerk] and her Staff for a tremendous job on the Inaugural Ceremonies - there were absolutely wonderful." Secondly, Commissioner Blake noted that "We have a Teacher of the year here at Winter Springs High School - Kelly Thompson, who just happens to be the daughter of the Mayor. I think it is a tremendous accomplishment, and I would like to see an appropriate Resolution acknowledging her accomplishments and contribution to the City." REPORTS E. Commission Seat Three - Edward Martinez, Jr. Commissioner Mat1inez thanked Manager McLemore for "The quick action on cleaning up that corner on Tuskawilla and [State Road] 434." Next, Commissioner Martinez stated, "I want to congratulate all of you who are receiving - appointments tonight." REPORTS F. Commission Seat Four - Sally McGinnis Commissioner McGinnis remarked, "I also was going to commend Andrea [Lorenzo- Luaces, City Clerk] and her Staff - I thought the Inauguration was just first class." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 9, 2002 PAGE 28 OF 29 REPORTS G. Commission Seat Five - Dayid W. McLeod No Report as Commissioner McLeod had already departed. .:..:. AGENDA NOTE: THE FOLLOWING REPORTS WERE GIVEN AS DOCUMENTED. .:. .:. VII. REPORTS REPORTS I. Office Of The Mayor - John F. Bush Mayor Bush stated, "Again Andrea [Lorenzo-Luaces, City Clerk], it was great - it [Inaugural Ceremonies] exceeded all expectations, believe me and I was very well pleased - and your Staff - and you really deserve all the accolades that we could give you. " Mayor Bush then mentioned that he would be very busy over the next three (3) months, and that he would not be able to attend the Workshop on Accessory Buildings scheduled for January 21 S\ 2003. Further, Mayor Bush stated, "I will give the [City] Clerk my schedule so that she knows." Mayor Bush spoke about possible problems with some seated on the dais being able to see the City Manager properly and suggested that the City Attorney and City Manager switch seats. With discussion, the City Commission felt that the current seating arrangements should not be changed. REPOlns H. Commission Seat One - Robert S. Miller Commissioner Miller inquired, "Where are we on our issue with Oviedo? Is that going to come back to us in the year 2003?" Attorney Garganese stated, "Everything has been filed. " Secondly, Commissioner Miller stated, "We had had some discussions earlier this year about the looking into the appointment of a Code Enforcement Hearing Officer - where are we on that now?" Attorney Garganese stated, "We were working on the Ordinance in my office - and will bring it to the Commission for consideration, probably sometime in January." Commissioner Miller complimented Mayor Bush for his first Meeting. VIII. ADJOURNMENT Mayor Bush stated, "Do we have a Motion to Adjourn?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 9, 2002 PAGE 29 OF 29 "SO MOVED." MOTION. SECONDED. DISCUSSION. MAYOR BUSH STATED, "ALL IN FAVOR." EVERYONE PRESENT STATED "AYE." MOTION CARRIED. Mayor Bush adjourned the Meeting at 11 :40 p.m. RESPECTFULLY SUBMITTED: 1..PP,E()VED: ~.' . . -0': ;. ....<'c.... "" .".,.;:. 4- ,...-~ -' ' ~1 ~-c~:> / z:~ (.-~~V) N F B"-;SH-~ ~ i" . \3 .~'--1 ~ '^_.-''10.'R~-' -. .-'~,;. "". "~ ~~:, 7"0. 'r~ 1- _ .;;1 "'_~ __.. :~ ,... "/".~ ... . './.r -L i:::~<("'-" - .:...:; ~ .:. ..::....:1 ~ :. .....-.,:' NOTE: These Minutes were approved at the January 13,2003 Regular City Commission Meeting.