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HomeMy WebLinkAbout2008 07 14 Consent 208 Approval of the June 23, 2008 Regular City Commission Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 23, 2008 CALL TO ORDER The Regular Meeting of Monday, June 23, 2008 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 Donald A. Gilmore, present Commissioner Robert S. Miller, absent Commissioner Rick Brown, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. Under Agenda changes, Mayor Bush stated, "The Manager has requested that we pull [Agenda Item] `603'." Commissioner Joanne M. Krebs noted, "We never received it." Discussion ensued on whether to Public Hearings Agenda Items "500" and "501" would be heard this evening. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Proiects. ~"'~ -y ~;" '"'C~ ~...~ C~ ,.~'~ ~~ d Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 2 OF 19 INFORMATIONAL 101. Community Development Department Wishes To Inform The City Commission Of Action Taken By The Oak Forest Wall And Beautification District Advisory Board [Committee] At Their Regular June 12, 2008 Advisory Board [Committee] Meeting. There was no discussion on this Agenda Item. "MOTION TO APPROVE [INFORMATIONAL AGENDA]." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER KItEBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The June 9, 2008 City Commission Regular Meeting Minutes. No discussion. CONSENT 201. Office Of The City Clerk Requesting Approval Of The June 16, 2008 City Commission Workshop Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE [CONSENT AGENDA]." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER ICREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. ....a .~ f"~ ~"'~'~ ~_ "~~ ~{ .~... C[TY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 3 OF 19 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS C 300. Office Of The Mayor And Office Of The City Commission And Office Of ~~. The City Manager ~-a. Presentation Of Employee Recognition Awards To City Of Winter Springs fZ~ Employees. With assistance from the City Commission, Mayor Bush and City Manager Ronald W. McLemore presented Employee Recognition Awards to the following Employees who ~~ were in attendance: ~ S Years Of Service: Ms. Kelly Balagia, Finance Department; Mr. Shannon Dillon, Fire Department; Mr. David Helenthal, Fire Department; Ms. Chelsie Myers, Parks and Recreation Department; Mr. Daniel Pohlar, Fire Department; Mr. Vernon Prawl, Parks and Recreation Department; Mr. Steve Richart, Community Development Department; Ms. Eloise Sahlstrom, Community Development Department. 10 Years Of Service: Mr. Brian Griek, Police Department; and Ms. Nuri Gibbs, Utility Department. 20 Years Of Service: Mr. Kevin Brunelle, Police Department; and Mr. David Alamina, Community Development Department. REPORTS REPORTS 400. Office Of The City Attorney -Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese commented on the Jesup's Reserve Bond and noted that the Bond Surety had met with Mr. Brian Fields, P.E., City Engineer, Public Works Department. Attorney Garganese explained, "The next step of the process is that person got back to Brian (Fields) and -requested that we set up a meeting with the Attorney that is representing the Surety - in an attempt to work out the situation involving the City's claim on the Bond; and I am going to proceed and set up that meeting with that Attorney." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 4 OF 19 Furthermore, Attorney Garganese noted, "That same Surety also issued a Performance .~.,. Bond for the Jesup's Landing property which as you know, some initial infrastructure .- work was done -there were no units that were built on the Jesup's Landing site on •- Orange Avenue. At this time, I think it would be appropriate to also make a claim on that r--=y Bond similar to what we did with the Jesup's Reserve site and put that issue on the table ~"^~"~ with the Surety as well. So, I'm asking for the Commission's consent to go ahead and ~"'7C1 make that formal demand in writing, on that Surety." "I MAKE A MOTION TO DO WHAT ANTHONY (GARGANESE) SAID." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH SUMMARIZED, "MOTION TO PURSUE THE SURETY BOND ON THE OTHER - JESUP'S LANDING." VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Next, Attorney Garganese spoke about an Opinion related to Deputy Mayor Donald A. Gilmore serving on the Tuscawilla Homeowner's Association and stated, "In my opinion, that prior -Staff Opinion that was issued - by the Commission on Ethics' Staff Attorney is still a good per se rule - and I did point out some of the potential pitfalls that Commissioner Gilmore would need to be cognizant of - as well as any other Commissioner that wants to serve on anon-profit Board of Directors, that may have issues coming before the Commission." Commissioner Rick Brown mentioned to Attorney Garganese that he had a question on a section of the Opinion and would get with Attorney Garganese. REPORTS 401. Office Of The City Manager -Ronald W. McLemore No Report. REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, CMC City Clerk Andrea Lorenzo-Luaces asked for clarification from the City Commission on what kinds of copies of documents they wish to receive. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 5 OF 19 Continuing, City Clerk Lorenzo-Luaces stated, "For instance, things like the School Board Agendas or documents from other organizations that the Mayor receives; do you all want copies of those?" Commissioner Sally McGinnis stated, "No." Mayor Bush added, "No - as a matter of fact, I think you should contact the other municipalities and the County and same thing -ask them to send us PDF files, don't send us paper; and, then just forward those to us, so, we don't have the paper." City Clerk Lorenzo-Luaces stated, "Okay." Next, City Clerk Lorenzo-Luaces asked about the Agendas they have been receiving for Regular Meetings and other types of Meetings and said, "Like for this evening, or for a Workshop, we'll give those to you in paper, but everything else will be electronically sent to you all." Commissioner McGinnis noted, "That is what I want." Commissioner Krebs explained, "I can deal with that separately with Andrea (Lorenzo-Luaces)." Commissioner McGinnis suggested that "Every Commissioner give Andrea (Lorenzo- Luaces) their druthers." Deputy Mayor Gilmore remarked, "I would suggest that that is what we do. Frankly, I prefer to get this package." Commissioner McGinnis added, "I do too." Mayor Bush then said to the City Commission, "So, you will let Andrea (Lorenzo-Luaces) know how you want the data." REPORTS 403. Commission Seat Two -Rick Brown No Report. REPORTS 404. Commission Seat Three/Deputy Mayor -Donald A. Gilmore No Report. REPORTS 405. Commission Seat Four -Sally McGinnis Commissioner McGinnis spoke of the recent Seminole Chamber of Commerce Awards program and mentioned that they announced that Mayor Bush was the Elected Official of the Year. REPORTS 406. Commission Seat Five -Joanne M. Krebs G ~~ ~""L"~ '"C"~ '.e"~: "tom Commissioner Krebs thanked the City Commission for coming to her Town Hall Meeting in the Highlands and mentioned that "Parks was there, and Police - and I really appreciate it." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 6 OF 19 REPORTS 407. Office Of The Mayor -John F. Bush ~~-~ Mayor Bush stated, "I would like to ask the Commission to appoint Steve Richart (Manager, Urban Beautification Services Division, Community Development ~ Department) to the Keep Seminole Beautiful organization as the Winter Springs' representative to help promote what Winter Springs does to help our environment." "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. Mayor Bush then said to Mr. Richart, "Would you get a hold of Mr. (Michael) Barr and find out when the meetings are and things like that?" Next, Mayor Bush mentioned that he had been contacted by a company that does videos and would like the Commission to approve Staff to review this issue. With discussion, Mayor Bush suggested, "I am just asking that the Commission maybe direct this to the Manager to take a look at it and see if it is something -and then come back." "SO MOVED." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REPORTS 408. Commission Seat One -Robert S. Miller Absent. CITY OF WINTER SPRINGS, FLORIDA M[NUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 7 OF l9 PUBLIC INPUT .• ~-" Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: Mayor Bush stated, ~'~C~ "Does not wish to address the Commission -Item `600', he is in favor of it." ~ ~~ Mr. Dale Kirby, 122 Seville Chase Drive, Winter Springs, Florida: spoke in support of Regular Agenda Item "600". C C~ Mr. Jeff McCall, Winter Springs Fire Department: commented on the proposed Fire Consolidation; asked that Pension issues be addressed; conditions; and Seminole County. Mr. Bob Beck, Winter Springs Fire Department: commented on thirty (30) years of the Winter Springs Fire Department; the various stages of grief; and asked that the City cover the two (2) positions that are not being picked up by Seminole County. Mr. Matt Matisak, 794 Seneca Meadows Road, Winter Springs, Florida: commented on Pension issues associated with the proposed Fire Department consolidation and suggested that the City provide third party financial assistance to these employees. Tape USide B Mr. Matt Matisak, 794 Seneca Meadows Road, Winter Springs, Florida: speaking as the Chairman of the Code Enforcement Board, Mr. Matisak suggested that the funds currently set aside for a Special Magistrate be used for current issues and noted that the Code Enforcement Board was willing to meet twice a month to assist with current Cases, in order to ensure Compliance. Discussion. Manager McLemore noted, "I recall that twenty thousand dollars ($20,000.00) was on your list of things not to be spent this year." Mayor Bush noted, "I think the getting the lawns mowed of the -people who aren't complying -who does that, Public Works?" Manager McLemore stated, "Public Works can do some, but we need to be able to have effective enforcement - to get out and get it done, contract with it, when we need to. So, I support Matt (Matisak) on this." Commissioner Brown stated, "I was just going to ask if that needs to come back as an Agenda Item, so we can Vote on what to do with the funding for that." Manager McLemore remarked, "We can do that." CITY OF WINTER SPRINGS, FLORIDA MMUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 8 OF 19 PUBLIC HEARINGS AGENDA !~ PUBLIC HEARINGS P"'-" 500. Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing For First Reading Of Ordinance 2008-10, Which Amends Chapter 20, Zoning Of The Code Of V Ordinances To Change The List Of Permitted, Conditional And Prohibited Uses In ,~...a The C-2 General Commercial District. ~,, "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department presented this Agenda Item for discussion. Discussion. Mr. Bart Phillips, 212 Morton Lane, Winter Springs, Florida: addressed the City Commission on this project. Much discussion. Discussion followed on Zoning, and cargo storage and containers. Mr. Phillips stated, "I am not looking to bringing in thousands of cargo containers. We're lucky if we have one (1) or two (2) a month." Further discussion continued. Tape 2/Side A Further discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 9 OF 19 Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. ~'Z,y Mayor Bush closed the "Public Input" portion of the Agenda Item. F'~ O "I MAKE A MOTION TO MOVE TO SECOND READING." MOTION BY ~ COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. C~ DISCUSSION. MS. SAHLSTROM NOTED, "A SMALL COMMERCIAL VEHICLE IS NOT A PROBLEM." MAYOR BUSH ASKED, "WHAT IS A SMALL COMMERCIAL VEHICLE?" MS. SAHLSTROM EXPLAINED, "IT WOULD NEED TO BE DEFINED." MANAGER McLEMORE REMARKED, "I THINK GENERALLY, WE TALKED ABOUT THE DEFINITION IN THE ORDINANCE DIDN'T WE, THAT PREVENTS PEOPLE FROM PARKING TRUCKS IN THEIR NEIGHBORHOODS -THERE ARE SOME DEFINITIONS..." COMMISSIONER KREBS SUGGESTED, "WHAT AREN'T WE ALLOWED TO PARK IN OUR NEIGHBORHOODS - PERHAPS WE SHOULD START THERE." MAYOR BUSH STATED, "GOOD POINT." CONTINUING, COMMISSIONER BROWN REMARKED, "PERHAPS A BETTER STATEMENT OF THAT MOTION IS THAT WE MOVE THIS TO SECOND READING AND DURING THE MEANTIME, WE MEET WITH MR. PHILLIPS AND FIGURE OUT HOW TO SLICE THIS AND MAKE IT HAPPEN TO WHERE HE IS HAVING TO CONDUCT BUSINESS HE WANTS TO DO ON HIS PROPERTY, GIVEN THE CONSIDERATION THAT HE IS SURROUNDED BY `INDUSTRIAL' ANYWAYS." "I WANT TO AMEND THE MOTION TO REQUIRE A REVIEW BETWEEN MR. PHILLIPS AND STAFF AND DEFINE EXACTLY WHAT WE ARE GOING TO BE DOING IN HERE -AND TO DEFINE ALSO THE WAREHOUSING AND WHAT IS GOING TO BE DONE IN THAT WAREHOUSE FOR STORAGE - AND WILL THAT MEET THE CODE." AMENDMENT TO THE MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRMGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 10 OF l9 VOTE: (ON THE AMENDMENT) ~ DEPUTY MAYOR GILMORE: AYE ~ COMMISSIONER McGINNIS: AYE ~ COMMISSIONER KREBS: AYE ~'~~ COMMISSIONER BROWN: AYE MOTION CARRIED. `? , VOTE: (ON THE MOTION, AS AMENDED) C-~ COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. Commissioner Brown suggested that if the Applicant needs further advice, the Applicant can contact the City Commission or come back before them. Mayor Bush added, "I think the sooner the better." PUBLIC HEARINGS 501. Community Development Department -Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2008-11, Which Rezones Two (2) Parcels Containing 9.04 Acres, More Or Less, Located Adjacent To The North Side Of SR (State Road) 419 On The East And West Side Of Wade Street From "C-1 Neighborhood Commercial" To A "C-2 General Commercial" Subject To Certain Use And Other Restrictions Pursuant To Section 20-31. (e). Mayor Bush asked, "Have a Motion to read by `Title' only?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES C[TY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE I (OF I9 Attorney Garganese read the Ordinance by "Title" only and suggested that this Ordinance ~~ be postponed in that, "This Ordinance if it's approved, it's a restricted Rezoning ,~.y Ordinance, will actually incorporate into this Ordinance the exact `Use' that you define in ~ the previous Ordinance that you have been wrestling with." "I WOULD LIKE TO MAKE A MOTION THAT WE POSTPONE THIS UNTIL ~ IMMEDIATELY FOLLOWING THE ADOPTION OF ITEM `500' AS ,~ AMENDED, PER THE OUTCOME OF THE WORKSHOP THAT WE WILL ~~ HAVE." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mayor Bush called a Recess at 6:54 p. m. The Regular Meeting reconvened at 7: OS p. m. REGULAR AGENDA REGULAR 600. Office Of The City Manager Requesting The Commission To Consider Adoption Of An Interlocal Agreement Providing For The Consolidation Of The Winter Springs And Seminole County Fire Departments Under The Authority Of Seminole County As Provided In The Terms And Conditions Of The Interlocal Agreement. Commissioner McGinnis stated, "There are a couple of Staff people that are not being absorbed." Commissioner McGinnis added, "I would like to think that we will make accommodations." Mayor Bush noted, "There are a couple of issues that were brought up. Mr. Matisak brought one up too that needs to be discussed, but it is not part of the Agreement." Discussion followed regarding signage related to "Winter Springs" being placed on Fire vehicles. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 12 OF 19 Mr. Tad Stone, Department Director, Department of Public Safety, Seminole County, 1 SO Bush Boulevard, Sanford, Florida: addressed the City Commission. `~- Manager McLemore stated, "The answer is, you're open to discussion on that issue?" ~ Mr. Stone stated, "Yes." ~~ "APPROVE ITEM `600'." MOTION BY COMMISSIONER KREBS. U SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. •~ Further discussion. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: NAY MOTION CARRIED. REGULAR 601. Community Development Department Requests The City Commission Consider A Request From The Tuscawilla Homeowners Association (THOA) For Permission To Install A Flag Pole And American Flag In A Public Roadway Median At The Main Entrance To The Tuscawilla Subdivision. Mr. Richart spoke on this Agenda Item. Ms. Pam Carroll, 865 Dyson Drive, Winter Springs, Florida: speaking on behalf of the Tuscawilla Homeowner's Association, Mr. Carroll addressed this issue. "I WOULD LIKE TO MAKE A MOTION THAT WE TABLE THIS UNTIL WE GET THE RESULTS OF THAT SURVEY BACK." MOTION BY COMMISSIONER BROWN. MOTION DIED FOR LACK OF A SECOND. Further discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 13 OF 19 "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH ADDED, "THE MOTION IS -THE RECOMMENDATION FROM STAFF?" COMMISSIONER McGINNIS RESPONDED, "YES." SECONDED BY COMMISSIONER KREBS. DISCUSSION. ATTORNEY GARGANESE SAID TO DEPUTY MAYOR GILMORE, "WITH RESPECT TO THE CITY'S PROPERTY IN THE MEDIAN, YOU WOULD NOT HAVE A CONFLICT; HOWEVER, WITH RESPECT TO THE USE OF THE TWO (2) PROPERTIES OWNED BY THE THOA (TUSCAWILLA HOMEOWNER'S ASSOCIATION) WHICH ARE NOT AT ISSUE TONIGHT. THAT IS A DIFFERENT ISSUE THAT WOULD HAVE TO BE ADDRESSED AT A LATER POINT; BUT THE ISSUE TONIGHT IS WHETHER OR NOT THE CITY WOULD CONSENT TO HAVE A FLAG POLE INSTALLED ON CITY PROPERTY." Commissioner Brown asked about the funding source; to which Ms. Carroll stated, "The funding source is the THOA's (Tuscawilla Homeowner's Association) reservoir of money -it's already in the budget." Commissioner Brown added, "I would think it would be important to know that THOA (Tuscawilla Homeowner's Association) money would be spent." Ms. Carroll noted, "I agree. We should include that in the cover letter." Mayor Bush then inquired, "Who is going to maintain the flag and the flag pole - is it going to be taken up and put down every night; is there going to be a light on it -and who is going to be responsible to make sure that it is kept up to standards?" Next, Mayor Bush added, "I am concerned about Volunteers doing things on City property." With further comments, Mayor Bush stated, "If it is on City property, it has to be maintained the way the American flag is supposed to be maintained." Discussion followed on maintaining the flag; Volunteers, and liability issues. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: NAY COMMISSIONER BROWN: NAY DEPUTY MAYOR GILMORE: AYE MAYOR BUSH: NAY MOTION DID NOT CARRY. ••~-•vt --~ r~-=~'°' °Z'7 o.P"'.o "s..~ ~~ Tape 2/Side B CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETMG -JUNE 23, 2008 PAGE 14 OF 19 "I MOVE THAT - WE PERMIT THE CITY TO ALLOW THE THOA (TUSCAWILLA HOMEOWNER'S ASSOCIATION) TO UTILIZE THE MEDIAN FOR A FLAG POLE AND THAT WE TELL THE HOMEOWNERS IN WRITING THAT WE WILL ASK THE TLBD (TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT) TO TAKE CARE OF THE FLAG -MAINTAIN THE FLAG." MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: suggested, "I think the Motion would be more clear if it didn't state that the TLBD (Tuscawilla Lighting And Beautification District) maintain it, but the THOA (Tuscawilla Homeowner's Association) contract with the City for a cost to maintain it." DEPUTY MAYOR GILMORE ADDED, "I WILL MODIFY MY MOTION TO SAY THAT THE THOA (TUSCAWILLA HOMEOWNER'S ASSOCIATION) WILL CONTRACT WITH THE CITY TO MAINTAIN THE FLAG." SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 602. Office Of The City Manager Requesting That The City Commission Establish Workshop Dates Regarding The Fiscal Year 2008-2009 Budget. With discussion, Commissioner McGinnis and Commissioner Krebs both suggested, "Anytime after [July] the 141h." Manager McLemore recommended, "What about the 151h and 161" [of July 2008]." Commissioner McGinnis noted, "That is good." Mayor Bush clarified, "[July] 151h, and [July] 161", [2008] for sure." Commissioner McGinnis noted, "Good." As to a time, Commissioner Krebs and Manager McLemore suggested, "5:30 ~p.m.]." Mayor Bush summarized, "5:30 [p.m.] Commissioners, on the 151h and the 161 [of July 2008]." Commissioner McGinnis remarked, "Okay." ~"'~.~ ®"~ C~ ,~•"'~ ~~ ~.~ Commissioner McGinnis then said, "Now, we need to set a Workshop for the Bart Phillips issue." Manager McLemore noted, "I thought Staff was going to sit down with him." CITY OF WINTER SPR[NGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 15 OF 19 Continuing the discussion regarding other Budget Workshop dates, Mayor Bush recommended, "The 12th, the 18~', and the 19th [of August 2008]. Three (3) days - 5:30 °'~ [p.m.]." Commissioner McGinnis stated, "Okay." Commissioner Krebs also remarked, e "Oka " y~ ,,"~ ~~' REGULAR 603. Office Of The City Manager Requesting That The City Commission Provide Clarification Regarding Potential ~~ Reductions To The General Fund's 2007-2008 Expenditure Budget As Discussed At ~ The May 12, 2008 Budget Workshop. As noted earlier in the Meeting, this Agenda Item had been pulled. REGULAR 604. Not Used. REGULAR 605. Office Of The City Manager Requesting That The City Commission Confirm The Consensus Of The City Commission Regarding The Designation Of Mayor John F. Bush As Our "Voting Delegate", To Represent The City Of Winter Springs At The Upcoming Florida League Of Cities Annual Conference; And Ask If The City Commission Has Any Issues (Commemorative, Constitutional, Or Federal) They Wish To Be Brought Forward To The Florida League Of Cities In The Form Of A Resolution. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMM[SS10N REGULAR MEETING -JUNE 23, 2008 PAGE 16 OF 19 REGULAR 606. Office Of The City Clerk Requests That Mayor John F. Bush And/Or Members Of The City Commission ~ (Depending On The Applicable Advisory Boards And Committees) Make ~ Additional Appointments/Reappointments Related To The Terms Of Office Which ~,~~ Will Be Expiring In July 2008 -Specifically Regarding Members Of The p,..,~ Beautification Of Winter Springs Board; The Code Enforcement Board; And For r~ The Terms Of Office Which Will Be Expiring In August 2008 -Specifically Regarding Members Of The Oak Forest Wall And Beautification District Advisory !..-'~ Committee. ~'~ For the Beautification of Winter Springs Board, Mayor Bush stated, "Larry Chmura and JoAnn Mattie did request to be Reappointed; so, I need a Motion from one of you." "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH SUMMARIZED, "MOTION BY COMMISSIONER McGINNIS AND SECONDED BY COMMISSIONER KREBS TO REAPPOINT LARRY CHMURA AND JoANN MATTIE TO THE BOWS (BEAUTIFICATION OF WINTER SPRINGS BOARD) [BOARD]." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION TO APPOINT HUGH FISHER ON LEOPARD TRAIL TO AN ALTERNATE POSITION -THE ALTERNATE ON CODE ENFORCEMENT [BOARD]." MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 17 OF 19 "I HAVE ANOTHER APPOINTMENT TO THE OAK FOREST WALL [AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE] - I WOULD LIKE TO APPOINT CHRISTINE ALEKNAVICH, 1187 TROTWOOD BOULEVARD." ~, MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER • McGINNIS. DISCUSSION. ' ~~ VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE ~ COMMISSIONER McGINNIS: AYE °~ COMMISSIONER KREBS: AYE ~~ MOTION CARRIED. ~" As to a remaining Appointment, City Clerk Lorenzo-Luaces stated, "The only other one is Commissioner (Robert S.) Miller's, but we can bring that back." REGULAR 607. Office Of The City Clerk Requesting The City Commission Review The Information In This Agenda Item Relative To Their Recent Recommendation That The City Host An Appreciation Brunch To Recognize The City's Volunteers Who Serve As Board And Committee Members And Make Any Decisions They Deem Best. Discussion. Commissioner Krebs stated, "I would like to say that I will provide flowers for the tables." Commissioner McGinnis noted her preference for the second from the last recommendation in the Agenda Item. "I WILL MOVE THAT WE NOT EXCEED FIFTEEN HUNDRED DOLLARS ($1,500.00)." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH SUMMARIZED, "MOTION THAT THE EVENT COSTS WOULD NOT EXCEED FIFTEEN HUNDRED DOLLARS ($1,500.00)." VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 18 OF 19 AS TO THE SELECTION OF A DATE, COMMISSIONER McGINNIS SUGGESTED, "SEPTEMBER 6TH, [2008]." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH SUMMARIZED, "MOTION IS SATURDAY, SEPTEMBER THE 6TH, [2008],» CITY CLERK LORENZO-LUACES ASKED ABOUT THE TIME AND SUGGESTED, "11:00 [A.M.]." WITH NO OBJECTIONS, MAYOR BUSH STATED, "JUST PICK IT." VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 608. Office Of Commissioner Sally McGinnis Asking The City Commission To Consider Changing The Start Time Of City Commission Meetings To A Later Time. Much discussion. "I MOVE THAT WE CHANGE OUR STARTING TIME -SIX O'CLOCK AND THE ENDING TIME AT TEN [P.M.]." MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. Mayor Bush opened "Public Input ". Mr. Matt Matisak, 794 Seneca Meadows Road, Winter Springs, Florida: spoke of the intent to handle housekeeping issues first; and his preference to keep the starting time as it currently is set. Mr. Charles Lacy, 733 Bear Creek Circle, Winter Springs, Florida: stated, "Ditto." ..a,,..c.,, r~^~ w--~~,_---a ~.""'" "'r."'~ ~~ Ms. Ethel Beecher, 1207 Winter Springs Boulevard, Winter Springs, Florida: noted her preference was for 6:00 p.m. or 6:30 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE l9 OF 19 Mr. John Houston, 683 Benitawood, Winter Springs, Florida: suggested the time be kept at 5:15 p.m. Ms. Brenda Hayes Brown, 211 Nandina Terrace, Winter Springs, Florida: addressed this issue and noted she was in favor of the 5:15 p.m. start time. Mayor Bush closed "Public Input ". VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: NAY COMMISSIONER KREBS: NAY MAYOR BUSH: NAY MOTION DID NOT CARRY. Mayor Bush summarized that the start time of City Commission Meetings remains at "5:15 [p.m.] - it did not change." ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:20 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: MAYOR JOHN F. BUSH <L ~""~ ~"~- "'t.~ NOTE: These Minutes were approved at the Regular City Commission Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 23, 2008 CALL TO ORDER The Regular Meeting of Monday, June 23, 2008 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 Donald A. Gilmore, present Commissioner Robert S. Miller, absent Commissioner Rick Brown, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. Under Agenda changes, Mayor Bush stated, "The Manager has requested that we pull [Agenda Item] `603'." Commissioner Joanne M. Krebs noted, "We never received it." Discussion ensued on whether to Public Hearings Agenda Items "500" and "501" would be heard this evening. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Proiects. Brief discussion. C[TY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 2 OF 19 INFORMATIONAL 101. Community Development Department Wishes To Inform The City Commission Of Action Taken By The Oak Forest Wall And Beautification District Advisory Board [Committee] At Their Regular June 12, 2008 Advisory Board [Committee] Meeting. There was no discussion on this Agenda Item. "MOTION TO APPROVE [INFORMATIONAL AGENDA]." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The June 9, 2008 City Commission Regular Meeting Minutes. No discussion. CONSENT 201. Office Of The City Clerk Requesting Approval Of The June 16, 2008 City Commission Workshop Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE [CONSENT AGENDA]." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 3 OF 19 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor And Office Of The City Commission And Office Of The City Manager Presentation Of Employee Recognition Awards To City Of Winter Springs Employees. With assistance from the City Commission, Mayor Bush and City Manager Ronald W. McLemore presented Employee Recognition Awards to the following Employees who were in attendance: S Years Of Service: Ms. Kelly Balagia, Finance Department; Mr. Shannon Dillon, Fire Department; Mr. David Helenthal, Fire Department; Ms. Chelsie Myers, Parks and Recreation Department; Mr. Daniel Pohlar, Fire Department; Mr. Vernon Prawl, Parks and Recreation Department; Mr. Steve Richart, Community Development Department; Ms. Eloise Sahlstrom, Community Development Department. 10 Years Of Service: Mr. Brian Griek, Police Department; and Ms. Nuri Gibbs, Utility Department. 20 Years Of Service: Mr. Kevin Brunelle, Police Department; and Mr. David Alamina, Community Development Department. REPORTS REPORTS 400. Office Of The City Attorney -Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese commented on the Jesup's Reserve Bond and noted that the Bond Surety had met with Mr. Brian Fields, P.E., City Engineer, Public Works Department. Attorney Garganese explained, "The next step of the process is that person got back to Brian (Fields) and -requested that we set up a meeting with the Attorney that is representing the Surety - in an attempt to work out the situation involving the City's claim on the Bond; and I am going to proceed and set up that meeting with that Attorney." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 4 OF 19 Furthermore, Attorney Garganese noted, "That same Surety also issued a Performance Bond for the Jesup's Landing property which as you know, some initial infrastructure work was done -there were no units that were built on the Jesup's Landing site on Orange Avenue. At this time, I think it would be appropriate to also make a claim on that Bond similar to what we did with the Jesup's Reserve site and put that issue on the table with the Surety as well. So, I'm asking for the Commission's consent to go ahead and make that formal demand in writing, on that Surety." "I MAKE A MOTION TO DO WHAT ANTHONY (GARGANESE) SAID." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH SUMMARIZED, "MOTION TO PURSUE THE SURETY BOND ON THE OTHER - JESUP'S LANDING." VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Next, Attorney Garganese spoke about an Opinion related to Deputy Mayor Donald A. Gilmore serving on the Tuscawilla Homeowner's Association and stated, "In my opinion, that prior -Staff Opinion that was issued - by the Commission on Ethics' Staff Attorney is still a good per se rule - and I did point out some of the potential pitfalls that Commissioner Gilmore would need to be cognizant of - as well as any other Commissioner that wants to serve on anon-profit Board of Directors, that may have issues coming before the Commission." Commissioner Rick Brown mentioned to Attorney Garganese that he had a question on a section of the Opinion and would get with Attorney Garganese. REPORTS 401. Office Of The City Manager -Ronald W. McLemore No Report. REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, CMC City Clerk Andrea Lorenzo-Luaces asked for clarification from the City Commission on what kinds of copies of documents they wish to receive. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 5 OF 19 Continuing, City Clerk Lorenzo-Luaces stated, "For instance, things like the School Board Agendas or documents from other organizations that the Mayor receives; do you all want copies of those?" Commissioner Sally McGinnis stated, "No." Mayor Bush added, "No - as a matter of fact, I think you should contact the other municipalities and the County and same thing -ask them to send us PDF files, don't send us paper; and, then just forward those to us, so, we don't have the paper." City Clerk Lorenzo-Luaces stated, "Okay." Next, City Clerk Lorenzo-Luaces asked about the Agendas they have been receiving for Regular Meetings and other types of Meetings and said, "Like for this evening, or for a Workshop, we'll give those to you in paper, but everything else will be electronically sent to you all." Commissioner McGinnis noted, "That is what I want." Commissioner Krebs explained, "I can deal with that separately with Andrea (Lorenzo-Luaces)." Commissioner McGinnis suggested that "Every Commissioner give Andrea (Lorenzo- Luaces) their druthers." Deputy Mayor Gilmore remarked, "I would suggest that that is what we do. Frankly, I prefer to get this package." Commissioner McGinnis added, "I do too." Mayor Bush then said to the City Commission, "So, you will let Andrea (Lorenzo-Luaces) know how you want the data." REPORTS 403. Commission Seat Two -Rick Brown No Report. REPORTS 404. Commission Seat Three/Deputy Mayor -Donald A. Gilmore No Report. REPORTS 405. Commission Seat Four -Sally McGinnis Commissioner McGinnis spoke of the recent Seminole Chamber of Commerce Awards program and mentioned that they announced that Mayor Bush was the Elected Official of the Year. REPORTS 406. Commission Seat Five -Joanne M. Krebs Commissioner Krebs thanked the City Commission for coming to her Town Hall Meeting in the Highlands and mentioned that "Parks was there, and Police - and I really appreciate it." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 6 OF 19 REPORTS 407. Office Of The Mayor -John F. Bush Mayor Bush stated, "I would like to ask the Commission to appoint Steve Richart (Manager, Urban Beautification Services Division, Community Development Department) to the Keep Seminole Beautiful organization as the Winter Springs' representative to help promote what Winter Springs does to help our environment." "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. Mayor Bush then said to Mr. Richart, "Would you get a hold of Mr. (Michael) Barr and find out when the meetings are and things like that?" Next, Mayor Bush mentioned that he had been contacted by a company that does videos and would like the Commission to approve Staff to review this issue. With discussion, Mayor Bush suggested, "I am just asking that the Commission maybe direct this to the Manager to take a look at it and see if it is something -and then come back." "SO MOVED." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REPORTS 408. Commission Seat One -Robert S. Miller Absent. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 7 OF 19 PUBLIC INPUT Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: Mayor Bush stated, "Does not wish to address the Commission -Item `600', he is in favor of it." Mr. Dale Kirby, 122 Seville Chase Drive, Winter Springs, Florida: spoke in support of Regular Agenda Item "600". Mr. Jeff McCall, Winter Springs Fire Department: commented on the proposed Fire Consolidation; asked that Pension issues be addressed; conditions; and Seminole County. Mr. Bob Beck, Winter Springs Fire Department: commented on thirty (30) years of the Winter Springs Fire Department; the various stages of grief; and asked that the City cover the two (2) positions that are not being picked up by Seminole County. Mr. Matt Matisak, 794 Seneca Meadows Road, Winter Springs, Florida: commented on Pension issues associated with the proposed Fire Department consolidation and suggested that the City provide third party financial assistance to these employees. Tape I/Side B Mr. Matt Matisak, 794 Seneca Meadows Road, Winter Springs, Florida: speaking as the Chairman of the Code Enforcement Board, Mr. Matisak suggested that the funds currently set aside for a Special Magistrate be used for current issues and noted that the Code Enforcement Board was willing to meet twice a month to assist with current Cases, in order to ensure Compliance. Discussion. Manager McLemore noted, "I recall that twenty thousand dollars ($20,000.00) was on your list of things not to be spent this year." Mayor Bush noted, "I think the getting the lawns mowed of the -people who aren't complying -who does that, Public Works?" Manager McLemore stated, "Public Works can do some, but we need to be able to have effective enforcement - to get out and get it done, contract with it, when we need to. So, I support Matt (Matisak) on this." Commissioner Brown stated, "I was just going to ask if that needs to come back as an Agenda Item, so we can Vote on what to do with the funding for that." Manager McLemore remarked, "We can do that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 8 OF 19 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing For First Reading Of Ordinance 2008-10, Which Amends Chapter 20, Zoning Of The Code Of Ordinances To Change The List Of Permitted, Conditional And Prohibited Uses In The C-2 General Commercial District. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department presented this Agenda Item for discussion. Discussion. Mr. Bart Phillips, 212 Morton Lane, Winter Springs, Florida: addressed the City Commission on this project. Much discussion. Discussion followed on Zoning, and cargo storage and containers. Mr. Phillips stated, "I am not looking to bringing in thousands of cargo containers. We're lucky if we have one (I) or two (2) a month." Further discussion continued. Tape 2/Side A Further discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 9 OF 19 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 MAKE A MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MS. SAHLSTROM NOTED, "A SMALL COMMERCIAL VEHICLE IS NOT A PROBLEM." MAYOR BUSH ASKED, "WHAT IS A SMALL COMMERCIAL VEHICLE?" MS. SAHLSTROM EXPLAINED, "IT WOULD NEED TO BE DEFINED." MANAGER McLEMORE REMARKED, "I THINK GENERALLY, WE TALKED ABOUT THE DEFINITION IN THE ORDINANCE DIDN'T WE, THAT PREVENTS PEOPLE FROM PARKING TRUCKS IN THEIR NEIGHBORHOODS -THERE ARE SOME DEFINITIONS..." COMMISSIONER KREBS SUGGESTED, "WHAT AREN'T WE ALLOWED TO PARK IN OUR NEIGHBORHOODS - PERHAPS WE SHOULD START THERE." MAYOR BUSH STATED, "GOOD POINT." CONTINUING, COMMISSIONER BROWN REMARKED, "PERHAPS A BETTER STATEMENT OF THAT MOTION IS THAT WE MOVE THIS TO SECOND READING AND DURING THE MEANTIME, WE MEET WITH MR. PHILLIPS AND FIGURE OUT HOW TO SLICE THIS AND MAKE IT HAPPEN TO WHERE HE IS HAVING TO CONDUCT BUSINESS HE WANTS TO DO ON HIS PROPERTY, GIVEN THE CONSIDERATION THAT HE IS SURROUNDED BY `INDUSTRIAL' ANYWAYS." "I WANT TO AMEND THE MOTION TO REQUIRE A REVIEW BETWEEN MR. PHILLIPS AND STAFF AND DEFINE EXACTLY WHAT WE ARE GOING TO BE DOING IN HERE -AND TO DEFINE ALSO THE WAREHOUSING AND WHAT IS GOING TO BE DONE IN THAT WAREHOUSE FOR STORAGE - AND WILL THAT MEET THE CODE." AMENDMENT TO THE MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 10 OF 19 VOTE: (ON THE AMENDMENT) DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. Commissioner Brown suggested that if the Applicant needs further advice, the Applicant can contact the City Commission or come back before them. Mayor Bush added, "I think the sooner the better." PUBLIC HEARINGS 501. Community Development Department -Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2008-11, Which Rezones Two (2) Parcels Containing 9.04 Acres, More Or Less, Located Adjacent To The North Side Of SR (State Road) 419 On The East And West Side Of Wade Street From "C-1 Neighborhood Commercial" To A "C-2 General Commercial" Subject To Certain Use And Other Restrictions Pursuant To Section 20-31. (e). Mayor Bush asked, "Have a Motion to read by `Title' only?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE I1 OF 19 Attorney Garganese read the Ordinance by "Title" only and suggested that this Ordinance be postponed in that, "This Ordinance if it's approved, it's a restricted Rezoning Ordinance, will actually incorporate into this Ordinance the exact `Use' that you define in the previous Ordinance that you have been wrestling with." "I WOULD LIKE TO MAKE A MOTION THAT WE POSTPONE THIS UNTIL IMMEDIATELY FOLLOWING THE ADOPTION OF ITEM `500' AS AMENDED, PER THE OUTCOME OF THE WORKSHOP THAT WE WILL HAVE." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mayor Bush called a Recess at 6:54 p. m. The Regular Meeting reconvened at 7: OS p. m. REGULAR AGENDA REGULAR 600. Office Of The City Manager Requesting The Commission To Consider Adoption Of An Interlocal Agreement Providing For The Consolidation Of The Winter Springs And Seminole County Fire Departments Under The Authority Of Seminole County As Provided In The Terms And Conditions Of The Interlocal Agreement. Commissioner McGinnis stated, "There are a couple of Staff people that are not being absorbed." Commissioner McGinnis added, "I would like to think that we will make accommodations." Mayor Bush noted, "There are a couple of issues that were brought up. Mr. Matisak brought one up too that needs to be discussed, but it is not part of the Agreement." Discussion followed regarding signage related to "Winter Springs" being placed on Fire vehicles. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 12 OF 19 Mr. Tad Stone, Department Director, Department of Public Safety, Seminole County, 1 SO Bush Boulevard, Sanford, Florida: addressed the City Commission. Manager McLemore stated, "The answer is, you're open to discussion on that issue?" Mr. Stone stated, "Yes." "APPROVE ITEM `600'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. Further discussion. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: NAY MOTION CARRIED. REGULAR 601. Community Development Department Requests The City Commission Consider A Request From The Tuscawilla Homeowners Association (THOA) For Permission To Install A Flag Pole And American Flag In A Public Roadway Median At The Main Entrance To The Tuscawilla Subdivision. Mr. Richart spoke on this Agenda Item. Ms. Pam Carroll, 865 Dyson Drive, Winter Springs, Florida: speaking on behalf of the Tuscawilla Homeowner's Association, Mr. Carroll addressed this issue. "I WOULD LIKE TO MAKE A MOTION THAT WE TABLE THIS UNTIL WE GET THE RESULTS OF THAT SURVEY BACK." MOTION BY COMMISSIONER BROWN. MOTION DIED FOR LACK OF A SECOND. Further discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 13 OF 19 "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH ADDED, "THE MOTION IS -THE RECOMMENDATION FROM STAFF?" COMMISSIONER McGINNIS RESPONDED, "YES." SECONDED BY COMMISSIONER KREBS. DISCUSSION. ATTORNEY GARGANESE SAID TO DEPUTY MAYOR GILMORE, "WITH RESPECT TO THE CITY'S PROPERTY IN THE MEDIAN, YOU WOULD NOT HAVE A CONFLICT; HOWEVER, WITH RESPECT TO THE USE OF THE TWO (2) PROPERTIES OWNED BY THE THOA (TUSCAWILLA HOMEOWNER'S ASSOCIATION) WHICH ARE NOT AT ISSUE TONIGHT. THAT IS A DIFFERENT ISSUE THAT WOULD HAVE TO BE ADDRESSED AT A LATER POINT; BUT THE ISSUE TONIGHT IS WHETHER OR NOT THE CITY WOULD CONSENT TO HAVE A FLAG POLE INSTALLED ON CITY PROPERTY." Commissioner Brown asked about the funding source; to which Ms. Carroll stated, "The funding source is the THOA's (Tuscawilla Homeowner's Association) reservoir of money -it's already in the budget." Commissioner Brown added, "I would think it would be important to know that THOA (Tuscawilla Homeowner's Association) money would be spent." Ms. Carroll noted, "I agree. We should include that in the cover letter." Mayor Bush then inquired, "Who is going to maintain the flag and the flag pole - is it going to be taken up and put down every night; is there going to be a light on it -and who is going to be responsible to make sure that it is kept up to standards?" Next, Mayor Bush added, "I am concerned about Volunteers doing things on City property." With further comments, Mayor Bush stated, "If it is on City property, it has to be maintained the way the American flag is supposed to be maintained." Discussion followed on maintaining the flag; Volunteers, and liability issues. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: NAY COMMISSIONER BROWN: NAY DEPUTY MAYOR GILMORE: AYE MAYOR BUSH: NAY MOTION DID NOT CARRY. Tape 2/Side B CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 14 OF 19 "I MOVE THAT - WE PERMIT THE CITY TO ALLOW THE THOA (TUSCAWILLA HOMEOWNER'S ASSOCIATION) TO UTILIZE THE MEDIAN FOR A FLAG POLE AND THAT WE TELL THE HOMEOWNERS IN WRITING THAT WE WILL ASK THE TLBD (TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT) TO TAKE CARE OF THE FLAG -MAINTAIN THE FLAG." MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: suggested, "I think the Motion would be more clear if it didn't state that the TLBD (Tuscawilla Lighting And Beautification District) maintain it, but the THOA (Tuscawilla Homeowner's Association) contract with the City for a cost to maintain it." DEPUTY MAYOR GILMORE ADDED, "I WILL MODIFY MY MOTION TO SAY THAT THE THOA (TUSCAWILLA HOMEOWNER'S ASSOCIATION) WILL CONTRACT WITH THE CITY TO MAINTAIN THE FLAG." SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 602. Office Of The City Manager Requesting That The City Commission Establish Workshop Dates Regarding The Fiscal Year 2008-2009 Budget. With discussion, Commissioner McGinnis and Commissioner Krebs both suggested, "Anytime after [July] the 14th." Manager McLemore recommended, "What about the 15th and 16t" [of July 2008]." Commissioner McGinnis noted, "That is good." Mayor Bush clarified, "[July] 15th, and [July] 16th, [2008] for sure." Commissioner McGinnis noted, "Good." As to a time, Commissioner Krebs and Manager McLemore suggested, "5:30 [p.m.]." Mayor Bush summarized, "5:30 [p.m.] Commissioners, on the 15th and the 16th [of July 2008]." Commissioner McGinnis remarked, "Okay." Commissioner McGinnis then said, "Now, we need to set a Workshop for the Bart Phillips issue." Manager McLemore noted, "I thought Staff was going to sit down with him." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 15 OF 19 Continuing the discussion regarding other Budget Workshop dates, Mayor Bush recommended, "The 12th, the 18`h, and the 19th [of August 2008]. Three (3) days - 5:30 [p.m.]." Commissioner McGinnis stated, "Okay." Commissioner Krebs also remarked, "Oka " Y• REGULAR 603. Office Of The City Manager Requesting That The City Commission Provide Clarification Regarding Potential Reductions To The General Fund's 2007-2008 Expenditure Budget As Discussed At The May 12, 2008 Budget Workshop. As noted earlier in the Meeting, this Agenda Item had been pulled. REGULAR 604. Not Used. REGULAR 605. Office Of The City Manager Requesting That The City Commission Confirm The Consensus Of The City Commission Regarding The Designation Of Mayor John F. Bush As Our "Voting Delegate", To Represent The City Of Winter Springs At The Upcoming Florida League Of Cities Annual Conference; And Ask If The City Commission Has Any Issues (Commemorative, Constitutional, Or Federal) They Wish To Be Brought Forward To The Florida League Of Cities In The Form Of A Resolution. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 16 OF 19 REGULAR 606. Office Of The City Clerk Requests That Mayor John F. Bush And/Or Members Of The City Commission (Depending On The Applicable Advisory Boards And Committees) Make Additional Appointments/Reappointments Related To The Terms Of Office Which Will Be Expiring In July 2008 -Specifically Regarding Members Of The Beautification Of Winter Springs Board; The Code Enforcement Board; And For The Terms Of Office Which Will Be Expiring In August 2008 -Specifically Regarding Members Of The Oak Forest Wall And Beautification District Advisory Committee. For the Beautification of Winter Springs Board, Mayor Bush stated, "Larry Chmura and JoAnn Mattie did request to be Reappointed; so, I need a Motion from one of you." ~~SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH SUMMARIZED, "MOTION BY COMMISSIONER McGINNIS AND SECONDED BY COMMISSIONER KREBS TO REAPPOINT LARRY CHMURA AND JoANN MATTIE TO THE BOWS (BEAUTIFICATION OF WINTER SPRINGS BOARD) [BOARD]." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. ~~I WOULD LIKE TO MAKE A MOTION TO APPOINT HUGH FISHER ON LEOPARD TRAIL TO AN ALTERNATE POSITION -THE ALTERNATE ON CODE ENFORCEMENT [BOARD]." MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 17 OF 19 ~~I HAVE ANOTHER APPOINTMENT TO THE OAK FOREST WALL [AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE] - I WOULD LIKE TO APPOINT CHRISTINE ALEKNAVICH, 1187 TROTWOOD BOULEVARD." MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. As to a remaining Appointment, City Clerk Lorenzo-Luaces stated, "The only other one is Commissioner (Robert S.) Miller's, but we can bring that back." REGULAR 607. Office Of The City Clerk Requesting The City Commission Review The Information In This Agenda Item Relative To Their Recent Recommendation That The City Host An Appreciation Brunch To Recognize The City's Volunteers Who Serve As Board And Committee Members And Make Any Decisions They Deem Best. Discussion. Commissioner Krebs stated, "I would like to say that I will provide flowers for the tables." Commissioner McGinnis noted her preference for the second from the last recommendation in the Agenda Item. "I WILL MOVE THAT WE NOT EXCEED FIFTEEN HUNDRED DOLLARS ($1,500.00)." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH SUMMARIZED, "MOTION THAT THE EVENT COSTS WOULD NOT EXCEED FIFTEEN HUNDRED DOLLARS ($1,500.00)." VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 18 OF 19 AS TO THE SELECTION OF A DATE, COMMISSIONER McGINNIS SUGGESTED, "SEPTEMBER 6TH, [2008]." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH SUMMARIZED, "MOTION IS SATURDAY, SEPTEMBER THE 6TH, [2008]." CITY CLERK LORENZO-LUACES ASKED ABOUT THE TIME AND SUGGESTED, "11:00 [A.M.]." WITH NO OBJECTIONS, MAYOR BUSH STATED, "JUST PICK IT." VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 608. Office Of Commissioner Sally McGinnis Asking The City Commission To Consider Changing The Start Time Of City Commission Meetings To A Later Time. Much discussion. "I MOVE THAT WE CHANGE OUR STARTING TIME -SIX O'CLOCK AND THE ENDING TIME AT TEN [P.M.]." MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. Mayor Bush opened "Public Input ". Mr. Matt Matisak, 794 Seneca Meadows Road, Winter Springs, Florida: spoke of the intent to handle housekeeping issues first; and his preference to keep the starting time as it currently is set. Mr. Charles Lacy, 733 Bear Creek Circle, Winter Springs, Florida: stated, "Ditto." Ms. Ethel Beecher, 1207 Winter Springs Boulevard, Winter Springs, Florida: noted her preference was for 6:00 p.m. or 6:30 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 23, 2008 PAGE 19 OF 19 Mr. John Houston, 683 Benitawood, Winter Springs, Florida: suggested the time be kept at 5:15 p.m. Ms. Brenda Hayes Brown, 211 Nandina Terrace, Winter Springs, Florida: addressed this issue and noted she was in favor of the 5:15 p.m. start time. Mayor Bush closed "Public Input ". VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: NAY COMMISSIONER KREBS: NAY MAYOR BUSH: NAY MOTION DID NOT CARRY. Mayor Bush summarized that the start time of City Commission Meetings remains at "5:15 [p.m.] - it did not change." ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:20 p.m. RESPECTFULLY SUBMITTED: ~A LORENZO-LUACES, CMC CLERK APPROVED: ~ r ,//~~ MAYOR JOHN F. 1~C1SH NOTE: These Minutes were approved at the July 14 , 2~~8 Regular City Commission Meeting.