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HomeMy WebLinkAbout_2009 05 11 City Commission Regular MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING MAY 1 1, 2009 CALL TO ORDER The Regular Meeting of Monday, May 11, 2009 of the City Commission was called to Order by Mayor John F. Bush at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Joanne M. Krebs, absent Commissioner Jean Hovey, present Commissioner Rick Brown, present Commissioner Gary Bonner, present Commissioner Sally McGinnis, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present A moment of silence was held. Boy Scout Troop 787 then led the Pledge of Allegiance. • • AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS "300" AND "301" WERE HELD FIRST, FOLLOWED BY THE REST OF THE AGENDA. • • AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor Recognizing And Honoring Winter Springs Resident And Veterinarian Dr. Jerry Eans, D.V.M. For His Incredible Kindness And Exemplary Generosity To The Winter Springs Police Department And To Their K-9 Program. Mayor Bush presented a Proclamation and a Key to the City to Dr. Jerry Eans, D.V.M. for all he has done for the City of Winter Springs and especially the Police Department and their K-9 program. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 11, 2009 PAGE 2 OF 13 Mayor Bush was assisted by City Manager Kevin L. Smith and Chief of Police Kevin Brunelle. K-9 "Mark" also attended with his Officer Handler Corporal Kevin Crager. Mayor Bush mentioned that Murphy's Premium Pet Food Market in the Winter Springs Town Center had been kind enough to provide food for the City's other K-9 "Rico". AWARDS AND PRESENTATIONS 301. Office Of The City Manager Recognizing Chief Of Police Kevin Brunelle And The Entire Winter Springs Police Department In Honor Of "Law Enforcement Appreciation Month", "Police Week" 2009, and "Law Enforcement Memorial Day". Mayor Bush assisted by Manager Smith recognized Chief Brunelle and members of his Police Force who were in attendance, with a Proclamation in honor Of "Law Enforcement Appreciation Month", "Police Week" 2009, and "Law Enforcement Memorial Day". INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Proiects. No discussion. INFORMATIONAL 101. Parks And Recreation Department Wishes To Inform The City Commission Regarding The July 4 Celebration Of Freedom/50th Anniversary. There was no discussion on this Agenda Item. INFORMATIONAL 102. Police Department Requesting City Commission Review The Update Of The Red Light Camera Program And First 2 Months Activity From The Camera Located At SR (State Road) 434 @ (At) Winding Hollow. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 11, 2009 PAGE 3 OF 13 INFORMATIONAL 103. Utility Department Providing The City Commission With A Copy Of The Consumer Confidence Report That Will Be Sent To All Residents. No discussion. INFORMATIONAL 104. Information Services Department Wishes To Inform The Commission On The Proposed Timeline For The City's New Website Design. There was no discussion on this Agenda Item. "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Public Works Department Requests The City Commission Approve Task Order #1 To The Engineering Services Agreement With CPH Engineers, Inc. For The Design Of Paving Existing Dirt Roads In The Ranchlands. This Agenda Item was not discussed. CONSENT 201. Parks And Recreation Department Requesting The City Commission To Accept The Proposal (Bid) Of Creative Pyrotechnics, LLC And Authorize The City Manager To Execute A 1 Year Contract With The Approved Proposal For A Fireworks Display On July 4, 2009. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 11, 2009 PAGE 4 OF 13 CONSENT 202. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. There was no discussion on this Agenda Item. CONSENT 203. Office Of The Mayor Requesting Approval Of Resolution Number 2009-30 Expressing Appreciation To Mathew Matisak For His Service On The Code Enforcement Board. This Agenda Item was not discussed. CONSENT 204. Office Of The City Manager Requests The Commission Approve Resolution 2009-32 Designating The City Manager, Interim Finance Director And The Public Works//Utility Director As Authorized Representatives To Execute Documentation Required By Bank Of America On Behalf Of The City Of Winter Springs. No discussion. CONSENT 205. Office Of The City Manager Requests The Commission Approve Resolution 2009-33 Designating The City Manager, Interim Finance Director And The Public Works//Utility Director As Authorized Representatives To Execute Documentation Required By Fifth Third Bank On Behalf Of The City Of Winter Springs. There was no discussion on this Agenda Item. CONSENT 206. Office Of The City Clerk Requesting Approval Of The April 20, 2009 Special City Commission Meeting Minutes. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 11, 2009 PAGE 5 OF 13 CONSENT 207. Office Of The City Clerk Requesting Approval Of The April 27, 2009 Regular City Commission Meeting Minutes. No discussion. CONSENT ZO8. Office Of The City Attorney Requesting That The City Commission Ratify The Previous Direction Of The City Commission, Given By Consensus At A Duly Held Meeting On May 4, 2009, To Reconsider The Approval Of The Conceptual Plan For The Town Parke Apartments, And To Schedule The Matter For Reconsideration At The City Commission Meeting On May 18, 2009. There was no discussion on this Agenda Item. "MOTION TO APPROVE" (CONSENT AGENDA). MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. • • AGENDA NOTE: THE REMAINING AWARDS AND PRESENTATIONS WERE ADDRESSED NEXT, FOLLOWED BY THE REST OF THE AGENDA. .;..;. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 302. Office Of The Mayor And City Commission Recognizing Winter Springs High School In Honor Of Their First Place Winning Character Key Entry In The Leadership Seminole Character Key Video Contest 2009. Mayor Bush noted that this would be heard at the next City Commission Special Meeting on Monday, May 18, 2009. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 11, 2009 PAGE 6 OF 13 AWARDS AND PRESENTATIONS 303. Office Of The Mayor Presenting A Proclamation Recognizing "Neurofibromatosis (NF) Awareness Month." No discussion. REPORTS REPORTS 400. Office Of The City Attorney -Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese reported about, "A lawsuit filed against the City - Grubbs Enterprises v. City of Winter Springs. Generally, that Case involves - outstanding monies that are in dispute regarding 2004 hurricanes." Attorney Garganese added, "I will be working with Kevin (L. Smith, City Manager) hopefully to try to get that resolved." REPORTS 401. Office Of The City Manager -Kevin L. Smith No Report. REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, MMC City Clerk Andrea Lorenzo-Luaces noted that next Monday is a City Commission Special Meeting and begins at 5:30 p.m. REPORTS 403. Commission Seat Four -Sally McGinnis No Report. REPORTS 404. Commission Seat Five/Deputy Mayor -Joanne M. Krebs Absent. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 11, 2009 PAGE 7 OF 13 REPORTS 405. Office Of The Mayor -John F. Bush Mayor Bush brought up the issue of Enclaves. Much discussion ensued. Attorney Garganese suggested, "We could negotiate the Agreement like Longwood has." Further comments. "I MOVE THAT WE ASK STAFF TO COME BACK WITH INFORMATION AS TO HOW WE CAN PROCEED WITH THE ANNEXATION OF THE EXISTING ENCLAVES WITHIN THE CITY LIMITS." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Commissioner Rick Brown added, When we do that, can we also calculate what the cost of Police Services would be if we charged it back to the County, for those Enclaves?" Attorney Garganese noted, "Yes - in terms of Police calls? Sure, you should have that data. You should see what it is costing Winter Springs to provide service and the County should probably see that data too." Commissioner Brown remarked, "Absolutely." REPORTS 406. Commission Seat One -Jean Commissioner Jean Hovey shared some information from Seminole County School Board's Summer Program with Mr. Chuck Pula, Director, Parks and Recreation Department. Secondly, Commissioner Hovey asked about discounts for school groups who were just going to the Splash Pad for aday -and suggested, "Maybe when we revisit the Fees, it is something we could look at?" Lastly, Commissioner Hovey asked why recycle bins were not at Central Winds Park. Mr. Pula said, "We would be glad to go ahead and get them and put them out there." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 11, 2009 PAGE 8 OF 13 REPORTS 407. Commission Seat Two -Rick Brown Commissioner Brown mentioned problems associated with wildlife issues and a lack of funding for animal services and suggested, "I would like to ask Staff to engage in a conversation with the County and see exactly what the options are." Mayor Bush suggested, "Maybe we could ask Kevin (Smith) to -look into this?" Manager Smith responded, "If the Commission would like me to, I would be happy to." REPORTS 408. Commission Seat Three - Garv Bonner Commissioner Gary Bonner asked for an update on additional handicapped parking spaces at the Senior Center. Mr. Brian Fields, P.E., City Engineer, Public Works Department addressed the City Commission on this issue. "I WOULD LIKE TO MAKE THE MOTION THAT STAFF GO OUT AND SEEK A BID FOR ADDING THE POTENTIAL NUMBER OF HANDICAPPED SPACES AT THE SENIOR CENTER." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Commissioner Bonner then complimented the Permitting Division and then specifically noted that Building Division Inspector (Community Development Department) "Michael Scheraldi - did a terrific job. He was really good with his customer service and education. He came out and identified a -few items that the Contractor had possibly overlooked -inadvertently, and we got those taken care of and I just wanted to recognize Michael (Scheraldi) for his work." Furthermore, Commissioner Bonner stated, "Being a customer of the process, I had a chance to go through the experience of needing to communicate with our customer service [Division] - to understand the status of the Permit, the timing of the Inspection, and all the things that a regular citizen would go to." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 11, 2009 PAGE 9 OF 13 Commissioner Bonner added, "I just want to take a chance to recognize the Staff for not only doing the great normal job, but being innovative and improving the process for our citizens." PUBLIC INPUT Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: mentioned the housing project that was discussed last week, and thought that an all fifty-five (55) project in the same location would be beneficial for the City. •• AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS HEARD NEXT, FOLLOWED BY THE REST OF THE AGENDA. • • REPORTS REPORTS 405. Office Of The Mayor -John F. Bush Mayor Bush brought up next week's Tri-County League of Cities Meeting. Commissioner Hovey said, "I will let Andrea (Lorenzo-Luaces) know tomorrow." Next, Mayor Bush mentioned that on the same day, Thursday, May 21, 2009, at the Oviedo-Winter Springs Regional Chamber of Commerce meeting, that Mary Alice Wilder "Asked that someone from the City be there" as the City is being recognized for its recent Mardis Gras event. With discussion, Mayor Bush asked City Clerk Lorenzo-Luaces to "Let Mary Alice (Wilder) know that both Commissioners Brown and Bonner will [attend] and Commissioner Bonner may be a little late, but they will be there to represent the City." City Clerk Lorenzo-Luaces stated, "Sure." PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Not Used. REGULAR AGENDA REGULAR 600. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 11, 2009 PAGE 10 OF 13 REGULAR 601. Public Works Department - Stormwater Division Requesting The City Commission Adopt The Total Maximum Daily Load (TMDL) Master Plan For Lake Jesun. Mr. Fields gave a PowerPoint presentation related to this Agenda Item Tape 1/Side B The conceptual projects were then reviewed. Mr. Fields summarized this Agenda Item by stating, "This is for the Adoption of the Master Plan. It's not a funding commitment tonight. The projects are conceptual in nature. This is a starting point for us going forward in the first five (5) year period, the TMDL (Total Maximum Daily Load). Projects are subject to change. We go through the normal Capital Improvements planning process, budgeting, Commission approval, design, and so forth." Discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR BUSH ADDED, "MOTION TO APPROVE THE RECOMMENDATION AS PRESENTED IN THE AGENDA ITEM." VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR 602. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 11, 2009 PAGE 11 OF 13 REGULAR 603. Office Of The City Clerk Respectfully Requests That A Member Of The City Commission Make An Appointment To The Code Enforcement Board As A Result Of The Recent Resignation Of Mathew Matisak. "I WOULD LIKE TO NOMINATE BOB HENDERSON." MOTION BY COMMISSIONER McGINNIS. MOTION DIED FOR LACK OF A SECOND. "I ALSO WISH TO MAKE A NOMINATION TONIGHT FOR MR. ARSENIO CALLE." MOTION BY COMMISSIONER BONNER. COMMISSIONER BROWN ASKED, "THIS IS FOR THE 2'~ ALTERNATE POSITION." COMMISSIONER BONNER NOTED, "YES, IT IS FOR THE 2ND ALTERNATE." SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY CLERK LORENZO-LUACES SUGGESTED, "A MOTION TO MOVE THE 1sT ALTERNATE TO THE [CODE ENFORCEMENT] BOARD..." COMMISSIONER BROWN REMARKED, "...I WILL MAKE THAT MOTION; AND THAT WILL BE MRS. GILTZ." [MOTION TO MOVE ALTERNATE #1, CAROLE GILTZ TO BE A MEMBER OF THE CODE ENFORCEMENT BOARD; AND THEN MOVE THE CURRENT ALTERNATE #2 HUGH FISHER, TO THE POSITION OF ALTERNATE #1.] MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MAYOR BUSH ADDED, "AND MOTION TO MOVE THE - 2ND ALTERNATE TO THE 1sT ALTERNATE." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 11, 2009 PAGE 12 OF 13 MAYOR BUSH THEN NOTED THE NEXT ROLL CALL WAS "TO APPOINT ARSENIO CALLS" [AS ALTERNATE #2]. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 604. Not Used. REGULAR 605. Office Of The City Attorney Desires To Summarize The City Commission's Public Notice Policy Set Forth In Resolution 2006-25 And Requests That The City Commission Provide Direction As Necessary. Attorney Garganese spoke on this Agenda Item and noted, "It's not intended to be very open-ended where everything on your calendar gets noticed that you are going to be in attendance." Discussion. ~~I THINK WE NEED TO GO BACK AND FOLLOW THE GUIDELINES SET FORTH IN THE RESOLUTION. THAT WOULD BE MY RECOMMENDATION. I WILL MOVE THAT." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 11, 2009 PAGE 13 OF 13 ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 6:18 p.m. RESPECTFULLY SUBMITTED: i `: i '° A~tD A LORENZO-LUACES, MMC CITY CLERK APPROVED: M OR JOHN F. BUSH NOTE: These Minutes were approved at the May 26, 2009 Special City Commission Meeting.