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HomeMy WebLinkAbout_2009 06 22 City Commission Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 22, 2009 CALL TO ORDER The Regular Meeting of Monday, June 22, 2009 of the City Commission was called to Order by Mayor John F. Bush at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Joanne M. Krebs, present Commissioner Jean Hovey, present Commissioner Rick Brown, Via Telephone Commissioner Gary Bonner, present Commissioner Sally McGinnis, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, absent Assistant City Attorney Kate Latorre, present The Pledge of Allegiance followed a moment of silence. City Manager Kevin L. Smith was asked to update the City Commission on the Budget and stated, "I am very happy to tell you that as of today, the General Fund Budget is balanced, with no increase to the Millage, and no lay -offs to employees." Manager Smith was applauded by those in attendance. Manager Smith remarked, "I appreciate your accolades, but I can't take it without complimenting our Staff and our Department Heads. They stepped up to the challenge, they delivered." A cake was then presented to Manager Smith. Deputy Mayor Joanne M. Krebs said to Manager Smith, "Really good job. Honestly, I know you had to put a lot of hard work into it and I personally appreciate all the information you kept giving me, whenever I asked Good job Kevin (Smith). Good job." Manager Smith then said, "Again, I have to thank our Staff and our Department Heads." Mayor Bush added, "Good job Kevin (Smith)." Commissioner Gary Bonner noted, "Excellent job to you and the Staff, Kevin (Smith)." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 22, 2009 PAGE 2 OF 22 In other City business, the Metro Orlando Economic Development Commission was referenced. Ms. Tracy Turk, Senior Director, Business Development, Metro Orlando Economic Development Commission, Seminole County Regional Office, 1055 AAA Drive, Suite 142, Heathrow, Florida: addressed the City Commission on the Metro Orlando Economic Development Commission and possible membership opportunities. Discussion. Commissioner Sally McGinnis asked, "To join this, what does this involve, and is it a lifetime membership Ms. Turk responded, "No, you can certainly determine a certain period of time." Ms. Turk added, "It is renewable on an annual basis the minimum is fifteen hundred dollar ($1,500.00) per year membership." With further comments, Mayor Bush suggested, "I am going to recommend to the Commission that we do not join the National League of Cities." "I WILL MOVE THAT WE JOIN AS AN INVESTOR THE [METRO] ORLANDO ECONOMIC DEVELOPMENT COMMISSION AT A FIFTEEN HUNDRED DOLLAR ($1,500.00) LEVEL." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 22, 2009 PAGE 3 OF 22 INFORMATIONAL 101. Parks And Recreation Department Wishes To Inform The City Commission Regarding The July 4 Celebration Of Freedom 50 Anniversary. No discussion. INFORMATIONAL 102. Public Works Department Providing An Update On The Expansion Of Handicapped Parking At The Winter Springs Senior Center. This Agenda Item was not discussed. "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Police Department Requesting The City Commissions Approval Of Resolution Number 2009 -38, Which Establishes Updated Fees For Fingerprinting Services Offered To The Public. No discussion. CONSENT 201. Public Works Department Requesting The City Commission's Approval Of Staff's Recommended Consultant Rankings For Construction Engineering And Inspection Services, RFQ #012- 09 -BF. Discussion ensued with Mr. Brian Fields, P.E., City Engineer, Public Works Department. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 22, 2009 PAGE 4 OF 22 CONSENT 202. Public Works Department Stormwater Division Requesting Authorization To Hire Blue Ox Enterprises, LLC To Replace An Existing Stormwater Pipe In Northern Way. This Agenda Item was not discussed. CONSENT 203. Public Works Department Requesting Authorization To Hire Blue Ox Enterprises, LLC To Construct A 100 Foot Long 12 -Foot Wide Sidewalk Segment At Winter Springs High School At A Cost Of $3,598.98. There was no discussion on this Agenda Item. CONSENT 204. Not Used. CONSENT 205. Information Services Department Requests Authorization To Purchase Infrastructure Components In The Amount Of $34,078.00 To Further Enhance Our Disaster Recovery And Business Continuity Solution And Add Additional Storage Capacity To Replace End Of Life Physical Equipment. Discussion. CONSENT 206. Office Of The City Clerk Requesting Approval Of The June 8, 2009 Regular City Commission Meeting Minutes. No discussion. CONSENT 207. Office Of The City Clerk Requesting Approval Of The June 9, 2009 Business Visioning Workshop Minutes. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 22, 2009 PAGE 5 OF 22 "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The City Manager And Office Of The Mayor And City Commission Presentation Of Employee Recognition Awards To The City Of Winter Springs Employees. Manager Smith, Mayor Bush, and the City Commission presented Employee Recognition Awards to the following Employees who were in attendance: 5 Years Of Service: Ms. Joan Brown, Office of the City Clerk; Mr. Mike Christiansen, Police Department; Mr. Alan Greene, Parks and Recreation Department; Mr. Jonathan Lemaster, Parks and Recreation Department; Mr. Ed McIntyre, Parks and Recreation Department; Mr. Tim Shoemaker, Public Works Department; Mr. Ryan Von Bargen, Police Department; and Mr. Ed White, Public Works Department. 10 Years Of Service: Mr. Mike Mingea, Community Development Department; and Mr. Chuck Pula, Parks and Recreation Department. 20 Years Of Service: Mr. Tom Broxton, Police Department; Mr. Jim Flannigan, Police Department; Mr. Will Maxwell, Police Department; and Mr. Carlos Morales, Utility Department. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 22, 2009 PAGE 6 OF 22 25 Years Of Service: Ms. Pat Schraff Police Department; and Mr. Jim Wilkins, Police Department. 35 Years Of Service: Ms. Mary Wilson, General Services Department. Mayor Bush called a Recess at 5:41 p.m. Mayor Bush reconvened the Meeting at 5:51 p.m. REPORTS REPORTS 400. Office Of The City Attorney Anthony A. Garganese, Esquire Assistant City Attorney Kate Latorre stated, "Winter Springs v. National Union Fire Insurance a Mediation has been scheduled in that Case for July 8 at ten o'clock, and if we reach a Settlement, it will be brought back to you for a formal Approval." REPORTS 401. Office Of The City Manager Kevin L. Smith No Report. REPORTS 402. Office Of The City Clerk Andrea Lorenzo Luaces, MMC No Report. REPORTS 403. Office Of The Mayor John F. Bush Mayor Bush mentioned that he attended an Oviedo Winter Springs Regional Chamber of Commerce Trustee meeting and stated, "Discussion came up about endorsing Candidates for Election. The Oviedo Council has taken a stand that they absolutely will not remain a Trustee member if the organization decides to go that way. Our Commission has discussed it but has never taken a formal position, so I am asking the Commission to do so." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 22, 2009 PAGE 7 OF 22 "I WOULD MAKE A MOTION TO REMOVE OUR TRUSTEE MEMBERSHIP IMMEDIATELY IF THAT SHOULD PASS." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Mayor Bush said to Manager Smith, "Would you let Cory (Skeates) know." Manager Smith stated, "Yes." Mayor Bush then commented on the latest rating of Winter Springs High School and stated, "I think that we need to ask the School Board for an explanation." Deputy Mayor Krebs said, "Do it." Commissioner McGinnis remarked, "Go ahead." Commissioner Rick Brown added, "I support that." Mayor Bush noted, "I will start a discussion with the Superintendent and some of the School Board Members on that." REPORTS 404. Commission Seat One Jean Hovey No Report. REPORTS 405. Commission Seat Two Rick Brown No Report. REPORTS 406. Commission Seat Three Gary Bonner Commissioner Bonner commented on models offered by Fishkind Associates, Inc. and suggested, "We do need to create some sort of formal process, if we are going to have such a process, we need to formalize this process." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 22, 2009 PAGE 8 OF 22 Discussion. Mayor Bush suggested that Manager Smith could possibly check with the Economic Development Council on this. REPORTS 407. Commission Seat Four Sally McGinnis Commissioner McGinnis noted that she hoped all would attend the upcoming 4 of July Event. REPORTS 408. Commission Seat Five/Deputy Mayor Joanne M. Krebs Deputy Mayor Krebs commented about her preference that a possible project at the GreeneWay would go through. Discussion. Tape 1 /Side B Further discussion. Manager Smith suggested, "We see what happens over the next few days. The County is meeting tomorrow. If something changes, I would like to have at least some basic authority to meet with the County Manager and continue those discussions and I will report back to this Commission if anything of substance changes to leave our options open." Mayor Bush said, "I see no problem with us making a Motion that we are interested; we would like to pursue this further, etc., etc., without committing any funds or anything else." Discussion continued. "I WOULD BE GLAD TO MAKE THAT MOTION TO LEAVE ALL OF OUR OPTIONS OPEN TO GIVE THE CITY MANAGER AUTHORITY TO SPEAK SHOULD ANYTHING HAPPEN TO CARRY ON WITH THE COUNTY MANAGER GOING FORWARD, BUT THAT WE DO EXPRESS AN INTEREST, IF THERE IS SOMETHING THERE." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 22, 2009 PAGE 9 OF 22 MAYOR BUSH SAID, "I THINK THIS IS WHAT THE MOTION IS SAYING, IS THAT `YES, WE ARE INTERESTED'; WE DON'T WANT TO CLOSE THE DOOR ON THIS AT THIS POINT BECAUSE WE DON'T HAVE ENOUGH INFORMATION TO MAKE A FINANCIAL DECISION; AND WE ARE ENCOURAGING THE COUNTY COMMISSION TO DO THE SAME..." DEPUTY MAYOR KREBS ADDED, "...CORRECT..." MAYOR BUSH CONTINUED, "...AND LET THIS COMPANY SHUT THE DOOR ON US, RATHER THAN WE SHUT IT ON THEM." VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. PUBLIC INPUT Mayor Bush read a statement from the City related to the proposed Town Parke apartment project. Mr. Jay Clay, 144 Peregrine Court, Winter Springs, Florida: spoke of the proposed Town Parke apartment project and asked if other Developers will also come in, and mentioned he thought this was a bad idea. Mr. Arsenio Calle, 105 Arrowhead Court, Winter Springs, Florida: commented against the City raising taxes to pay for shortfalls and spoke of projects developed in New Jersey. Ms. Patti Blake, 665 White Oak Court, Winter Springs, Florida: spoke about her concern with property values; commented on a similar project in Oviedo, and her concerns with crime, roads, and schools. Mr. John Desmond, 1574 Carrington Avenue, Winter Springs, Florida: said he was opposed to the proposed Town Parke apartment project; and commented on recent erroneous newspaper articles; and possible issues with crime. Ms. Elaine Connors, 1121 Pheasant Circle, Winter Springs, Florida: mentioned she was opposed for the Record and was concerned with crime. Mr. David Pliner, 215 Heatherwood Court, Winter Springs, Florida: commented that he was concerned with schools, crime, and the Trail; suggested the City consider changing Zoning regulations; and noted he was not pleased with the Town Center. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 22, 2009 PAGE 10 OF 22 Mr. Ted Jonson, 1107 Pheasant Circle, Winter Springs, Florida: said that with the proposed Town Parke apartment project built next to the Trail, that there will be safety and crime issues. Mr. Dennis Nikles, 308 Heatherwood Court, Winter Springs, Florida: spoke about the proposed Town Parke project, and that the City was moving too fast; and suggested a crime analysis be done. Ms. Helga Schwartz, 720 Galloway Court, Winter Springs, Florida: commented on previous similar apartment projects; thought the City needed to re- evaluate housing needs; and mentioned that she thought an assisted living facility near the Town Center would be ideal. Mr. Tom Waters, 1033 Antelope Trail, Winter Springs, Florida: mentioned housing needs, and the need for Workforce Housing. Ms. Brenda Hayes Brown, 211 Nandina Circle, Winter Springs, Florida: commented on growth, the Town Center, crime, and Economic Development. Mayor Bush mentioned the individuals who did not want to address the Commission, and noted the following: "[Ms.] Judith Rumberger this is on this issue we are talking about is opposed; [Ms.] Carol Pliner is opposed; [Mr.] Steve and [Ms.] Sunia Piermont are opposed; [Ms]. Norma Hayes is opposed; [Ms.] Theresa Gordon is opposed; [Ms.] Mary Majeski opposed; [Mr.] Clement J. Desmartin is opposed; [Ms.] Betty Desmartin, also opposed." Continuing, Mayor Bush remarked, "[Mr.] Stephen Sanger, "He is opposed; and [Ms.] Inge Clay is opposed; [Ms] Susan Vickers is opposed; [Ms.] Belinda Kleinknecht also opposed." PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department Requests The City Commission Hold A Public Hearing For The First Reading Of Ordinance 2009 -10, To Rezone Two (2) Parcels Containing 9.04 Acres, More Or Less, Located Adjacent To The North Side Of SR (State Road) 419 On The East And West Side Of Wade Street From "C -1 Neighborhood Commercial" To A "C -2 General Commercial." Mayor Bush stated, "Motion to read by `Title' only CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 22, 2009 PAGE 11 OF 22 "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Assistant Attorney Latorre read the Ordinance by "Title" only. Commissioner Bonner commented for the Record about disclosing business affiliations and stated he no longer had any conflicts related to this Agenda Item. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department introduced this Agenda Item for discussion. Tape 2 /Side A Discussion. Deputy Mayor Krebs stated, "So, what we're saying is we can approve this that the Planning and Zoning [Board/Local Planning Agency] had wanted to do something about that setback and we are not going to do that, but we are going to charge how much money for him to come back and do it anyway Mr. Stevenson said, "It would be Staff's recommendation that they come back for a formal Variance from that setback." Assistant Attorney Latorre suggested, "What is coming before you tonight is a simple Rezoning, and setback is not really within the purview of that request." Additionally, Mr. Stevenson remarked, "If you wanted to direct that be done at no cost, that's certainly an option you have." Mayor Bush noted, "At the Second Reading, if this Ordinance in fact is approved, and if at the Second Reading is Approved, I think a Motion, if you want to make a Motion to Waive the Fees that would be the time to do it that would work wouldn't it Randy (Stevenson) Mr. Stevenson responded, "Yes, Sir." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 22, 2009 PAGE 12 OF 22 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. "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Not Used. PUBLIC HEARINGS 502. Office Of The City Attorney And Community Development Department Request The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance No. (Number) 2009 -03, Amending Chapters 16 And 20 Of The City Code, As They Relate To The Signage. Assistant Attorney Latorre read Ordinance 2009 -03 by "Title" only. Brief comments were offered by Mr. John Baker, AICP, Senior Planner, Community Development Department. Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Frankie Elliot, 1330 Lee Road, Orlando, Florida: stated, "Your Staff has been absolutely wonderful in working with us on this and I really want to give them big kudos. They've been a big help!" Ms. Elliot then suggested the distance for signage be extended to a mile or there be no distance noted; and that "weekend" be defined. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 22, 2009 PAGE 13 OF 22 On the definition of a weekend, Assistant Attorney Latorre commented, "I think what was intended when working with Staff was `Saturday and Sunday'." Ms. Elliott stated, "`Saturday and Sunday' is fine." Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion ensued on weekends, and another Reading to make the applicable changes. Mr. Stevenson commented on the distance issue and stated, "My concern is that if we put nothing there, I can advertise ten (10) miles away and have signs all the way in between. The intent was to allow one (1) street on the major roadways to get them back into the area but like I said, we can certainly flesh that out; but the intent was to take it to common property which really, in my mind, would become property of common entrance, whether it was a gated community or a Homeowner's Association or not; so, that they do get to the main thoroughfare and then they have a half mile to work from there to get people in..." Mayor Bush asked, "...Don't you think that the Ordinance should kind of reflect what you just said Mr. Stevenson responded, "I would agree with you." Deputy Mayor Krebs suggested, "Can we bring it back to a Third [Reading] Assistant Attorney Latorre said, "The appropriate thing would be to Table it, so we would preserve the advertising, and we can work that out and then bring it back at the next Meeting." "MOTION TO TABLE." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mayor Bush suggested, "Bring it back as soon as you have got it ready." Assistant Attorney Latorre noted, "I believe we were going to Table it to the next Meeting, was that the Deputy Mayor Krebs added, "...It was until the next Meeting." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 22, 2009 PAGE 14 OF 22 REGULAR AGENDA REGULAR 600. Office Of The City Clerk Requests That Members Of The City Commission (Depending On The Applicable Advisory Boards And Committee) Make Appointments/Reappointments Related To The Terms Of Office Which Will Be Expiring In July 2009 Specifically Regarding Members Of The Beautification Of Winter Springs Board; The Board Of Adjustment; The Code Enforcement Board; The Planning And Zoning Board/Local Planning Agency; And The Tuscawilla Lighting And Beautification District Advisory Committee. Brief discussion. "I WOULD LIKE TO REAPPOINT MR. [ROBERTO CARLOS] ACEVEDO [TO THE BOWS (BEAUTIFICATION OF WINTER SPRINGS BOARD) BOARD]." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. "I WOULD LIKE TO APPOINT HELEN BAKER" [TO THE TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE]." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. CITY CLERK ANDREA LORENZO LUACES STATED, "I DON'T HAVE A CURRENT APPLICATION FOR MS. BAKER, I DON'T BELIEVE; SO, WOULD THAT APPOINTMENT BE PENDING A COMPLETED APPLICATION COMMISSIONER BROWN STATED, "YES." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 22, 2009 PAGE 15 OF 22 "I WOULD LIKE TO REAPPOINT ALICE BARD" [TO THE BEAUTIFICATION OF WINTER SPRINGS BOARD]. MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. "I WOULD LIKE TO REJAPPOINT LINDA COLLINS TO THE BOARD OF ADJUSTMENT." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. "I WISH TO REAPPOINT TO THE PLANNING AND ZONING BOARD [/LOCAL PLANNING AGENCY] ROSANNE KARR." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 22, 2009 PAGE 16 OF 22 "I WOULD LIKE TO REAPPOINT JUSTIN REVICZKY TO THE PLANNING AND ZONING BOARD [/LOCAL PLANNING AGENCY]." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. "I WOULD LIKE TO NOMINATE DICK CRENSHAW FOR REAPPOINTMENT TO THE CODE ENFORCEMENT BOARD." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. "MOTION TO REAPPOINT CAROLE GILTZ TO THE CODE ENFORCEMENT BOARD." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. "I WOULD LIKE TO NOMINATE LIDYA GONGAGE FROM PHEASANT CIRCLE TO REPLACE RANDE THOMPSON ON THE TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE." MOTION BY COMMISSIONER McGINNIS. MOTION DIED FOR LACK OF A SECOND. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 22, 2009 PAGE 17 OF 22 "I WOULD LIKE TO REAPPOINT HOWARD CASMAN TO THE BOARD OF ADJUSTMENT. I WOULD ALSO LIKE TO SAY THAT I APPRECIATE HIS ATTENDANCE." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. "I WOULD LIKE TO REAPPOINT CHARLES LACEY TO PLANNING AND ZONING [BOARD/LOCAL PLANNING AGENCY]." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. MOTION TO REAPPOINT "JACK TAYLOR TO BOARD OF ADJUSTMENT." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. City Clerk Lorenzo Luaces explained that the Code of Ordinance doesn't identify exactly when Appointments actually end and noted, "So, if it's alright with the Commission, everybody would serve through July, currently;" and the new Appointments would take over in late July." Commissioner McGinnis stated, "That is fine." Commissioner Jean Hovey remarked, "Sounds good to me." No objections were voiced. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 22, 2009 PAGE 18 OF 22 Ms. Brenda Hayes Brown, 211 Nandina Circle, Winter Springs, Florida: commented on an Attorney Opinion; related issues in the City of Oviedo; and conflicts of interest. Mayor Bush said, "I think since Anthony (A. Garganese, City Attorney) is the City Attorney he needs to address the Commission on this." With further comments, Mayor Bush said to Assistant Attorney Latorre, "You will make sure Anthony (Garganese) gets all this information Assistant Attorney Latorre stated, "I sure will." Further discussion. "I WOULD LIKE TO RESUBMIT THE NAME OF LIDYA GONGAGE" [TO REPLACE RANDE THOMPSON ON THE TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE]. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: NAY COMMISSIONER HOVEY: NAY COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 601. Office Of The City Manager Requesting The Commission Consider The Proposed City Manager Contract. Much discussion. Mayor Bush noted, "The base salary requirements is a hundred and thirty -two thousand dollars ($132,000.00)." "MOTION TO APPROVE AS STATED." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH ADDED, "THE HUNDRED AND THIRTY -TWO THOUSAND [DOLLARS] ($132,000.00)." COMMISSIONER McGINNIS RESPONDED, "CORRECT." SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 22, 2009 PAGE 19 OF 22 VOTE: COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mayor Bush then stated, "The auto allowance the proposed here is three hundred [dollars] ($300.00) per month which is one hundred and fifty below the average." "I WAS GOING TO MAKE A MOTION THAT IT BE THREE HUNDRED [DOLLARS] ($300.00) A MONTH." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: NAY DEPUTY MAYOR KREBS: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mayor Bush then commented, "Severance, again the recommendation is three (3) months and then a half a month escalator for each full year of service up to a maximum of six (6) months." "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 22, 2009 PAGE 20 OF 22 Regarding an Evaluation, Commissioner Bonner commented, "My expectation would be that the Manager would be bringing back a proposal for Evaluation to us, to discuss at a future Commission Meeting." Manager Smith said, "Yes, I will be bringing that proposal back for your consideration at a future Meeting." Continuing, Manager Smith explained, "I would have liked to have finished the entire Goal Setting process and the Strategic Plan because my desire would be, and we're close but my desire would be to utilize those Goals that were established by the Commission; develop a Strategic Plan and then have that be, at least the basis for the Evaluation, the metrics to be used to evaluate the performance which would be or is the Manager and the Staff working towards and meeting the objectives to get to the Goals that the Commission set. So, that will be in a nutshell the recommendation that I will be bringing back." Commissioner Bonner and Commissioner McGinnis said, "Good." Deputy Mayor Krebs said to Manager Smith, "Weren't you having something going for everybody, not just you; an Evaluation process for the City." Manager Smith responded, "Yes." Deputy Mayor Krebs added, "I look forward to that." Mayor Bush pointed out, "Our previous City Manager's Evaluations were never done when they were supposed to be..." Deputy Mayor Krebs added, "...They were never done." Continuing, Mayor Bush suggested, "I would say they must be done annually and I think they must be done according to the same Policy that we evaluate every other City employee the timing, it is based upon your Appointment, and so many I think it is a year." Manager Smith said, "I think it would be more important to look at the actual wording in the Contract." Further comments. "MOTION THAT WE ACCEPT THE EVALUATION PROCESS ANNUALLY." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. DEPUTY MAYOR KREBS ADDED, "IT IS GOING TO BE DONE ONCE A YEAR." ASSISTANT ATTORNEY LATORRE STATED, "CORRECT." Tape 2 /Side B VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 22, 2009 PAGE 21 OF 22 Further discussion. Assistant Attorney Latorre then said, "I would like to see a Motion approving the Manager's Contract as presented." "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. SUMMARIZING, MAYOR BUSH NOTED, "MOTION TO APPROVE THE CONTRACT AS PRESENTED." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. Manager Smith said to Mayor Bush and the City Commission, "Thank you." REGULAR 602. Office Of The City Attorney Requests That The City Commission Consider Approval Of A Standard Private Subdivision Traffic Enforcement Agreement, And To Authorize The City Manager To Execute On A Case -By -Case Basis. Assistant Attorney Latorre spoke briefly on this Agenda Item. Brief discussion followed. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 22, 2009 PAGE 22 OF 22 With discussion on other City business, Chief of Police Kevin Brunelle spoke about an incident related to a Lock Box being successfully used. Discussion followed on whether to hold two (2) Meetings in July. In conclusion, Mayor Bush summarized, "Two (2) [Regular] Meetings in July." ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 7:53 p.m. RESPECTFULLY SUBMITTED: A A O 77 1 A LORENZO LUACES, MMC CI Y CLERK APPROVED: V/1-a")-----' L -M QR- JOHN F. BUSH NOTE: These Minutes were approved at the July 13, 2009 Regular City Commission Meeting.