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HomeMy WebLinkAbout_2009 10 12 City Commission Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 12, 2009 CALL TO ORDER The Regular Meeting of Monday, October 12, 2009 of the City Commission was called to Order by Deputy Mayor Joanne M. Krebs at 5:17 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, absent Deputy Mayor Joanne M. Krebs, present 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 followed by the Pledge of Allegiance. Under Agenda Changes, Deputy Mayor Krebs suggested moving Regular Agenda Item "604" to follow Regular Agenda Item "600" as they are both related. There were no objections voiced. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 12, 2009 PAGE 2 OF 14 INFORMATIONAL 101. Parks And Recreation Department Informing The City Commission Of The Results Of The Request For Event Management Services. Discussion followed with City Manager Kevin L. Smith and Mr. Chuck Pula, Director, Parks and Recreation Department on how to best execute City Events; not having a point person on Staff; changes in the economy; and local contributors. Commissioner Rick Brown suggested, "My understanding was the purpose of getting a comprehensive event planning and fundraising engagement with some kind of marketing and PR [Public Relations] company was so we could not only go after the local folks which we do so well, but expand our horizons and bring in some money from outside the community." Mr. Pula remarked, "I would be glad to put it together and get an updated list of those type of firms and go ahead and forward this to them or go ahead and change it a little bit and send it to them." With further comments, Commissioner Brown asked if anyone had contacted Frank Martz of the City of Altamonte Springs? Mr. Pula stated, "No, but I would be glad to get in touch with him." INFORMATIONAL 102. Parks And Recreation Department Informing The City Commission Regarding The Potential 2010 Celebration Of Freedom. Discussion followed with Commissioner Brown recommending for discussion that the amount be modified "To approve the total of twenty -seven [thousand] five [hundred] sixteen [dollars] ($27,516.00), and eleven thousand [dollars] ($11,000.00) instead of the fifty thousand dollars ($50,000.00) so that we can start getting a handle on moving the funding of these Events out into the community where I feel they belong and start moving the cost factor away from the citizens." Commissioner Gary Bonner suggested that this Event not be put on the back burner; and referenced how another municipality partners with a media company that assists with advertising. Deputy Mayor Krebs mentioned, "We will pull this off and we will come back to it." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 12, 2009 PAGE 3 OF 14 INFORMATIONAL 103. Information Services Department Wishes To Inform The Commission On The Updated Timeline For The City's New Website Design. There was no discussion on this Agenda Item. Continuing, Deputy Mayor Krebs stated, "Could we have a Motion then for Informational [Agenda] minus `102' "SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs And The Scottish American Society Of Central Florida, Inc. For The 33 Annual Central Florida Scottish Festival And Highland Games. This Agenda Item was not discussed. CONSENT 201. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 12, 2009 PAGE 4 OF 14 CONSENT 202. Office Of The Mayor Asking The City Commission To Review And Consider Approving Resolution Number 2009 -53 Recognizing "City Government Week No discussion. CONSENT 203. Parks And Recreation Department Requesting That The City Commission Consider Approval Of The Winter Springs Holiday Parade And Christmas Tree Lighting And Associated Budget. This Agenda Item was not discussed. CONSENT 204. Office Of The City Clerk Requesting Approval Of The September 28, 2009 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 205. Public Works Department Requesting Authorization To Execute A Contract Amendment With The Middlesex Corporation For Asphalt Resurfacing Of Various City Streets Scheduled For FY (Fiscal Year) 2009 120110 In The Amount Of $342,357.75. Brief discussion. CONSENT 206. Public Works Department Requesting The City Commission Approve The Transfer Of Land With The State Of Florida To Facilitate The Completion Of The Cross Seminole Trail And Magnolia Park. This Agenda Item was not discussed. "MOTION TO APPROVE" (CONSENT AGENDA). MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 12, 2009 PAGE 5 OF 14 VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEM WAS DISCUSSED AGAIN, AS PREVIOUSLY NOTED ON PAGE 2 OF THESE MINUTES. INFORMATIONAL AGENDA INFORMATIONAL 102. Parks And Recreation Department Informing The City Commission Regarding The Potential 2010 Celebration Of Freedom. With discussion, Commissioner Sally McGinnis asked if a cost per citizen rate could be determined for what the 4 of July costs each citizen and could that information be brought back? Mr. Pula stated, "Sure." Manager Smith commented on fund raising and how many Special Events could best be held going forward. Discussion followed on the Hometown Harvest Event; Special Events being successful; resources; processes; selling Events; and what Events had previously been discussed and agreed to. Deputy Mayor Krebs stated, "How does the Commission feel about Christmas, because we already know we are having Hometown Harvest Discussion. Commissioner Brown noted, "We as a Commission Voted to keep four (4) Events after a lot of deliberation." Manager Smith remarked, "If I could recommend, we will move forward with the four (4) Events. We will diligently seek to reduce costs and to be as efficient as we possibly can in running those Events we'll seek Commission Budget Approval prior to each of those Events; we'll seek to raise sponsorship dollars also for those Events as it stands today, short of procuring a firm to help us or some other avenue." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 12, 2009 PAGE 6 OF 14 Deputy Mayor Krebs asked, "If you don't find an Event Coordinator to coordinate all of these, can you not just go after an Event Coordinator for each one Mr. Pula responded by saying, "Yes we have that option." Discussion followed on what had previously been agreed upon related to Events and Manager Smith mentioned he would be bringing back each Event for approval. Deputy Mayor Krebs suggested, "Can we go back and look at that Manager Smith stated, "I would agree can we come back to you with an Agenda Item to discuss this in more depth." Deputy Mayor Krebs suggested, "Next Meeting can we have it Commissioner Brown said, "I don't want to back -burn it." Manager Smith then suggested, "We'll come back at the next Meeting, or no later than the Meeting after, just to give us a little flexibility." Deputy Mayor Krebs remarked, "Okay." No objections were voiced. Mr. Pula then asked, "Any Consensus to help us with July 4 [2010] on July 4 [2010] or July 3` [2010] With discussion, Commissioner McGinnis said to Mr. Pula, "I like your suggestion gives us a rain date." Commissioner McGinnis added, "If your Staff could take the time to do a cost out for all those four (4) events." Commissioner Jean Hovey suggested, "I think we need to do it on July 4 [2010]." Deputy Mayor Krebs commented, "I agree." Deputy Mayor Krebs noted "July 4 [2010]." Commissioner Brown and Commissioner Bonner also agreed. Commissioner Hovey added, "[July] 4 [2010]." Overtime costs were then briefly addressed by Manager Smith. Deputy Mayor Krebs summarized, "The Consensus is on the 4 [of July 2010]." As for approval of this Agenda Item, Deputy Mayor Krebs stated, "They will just bring it back." AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. REPORTS REPORTS 400. Office Of The City Attorney Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese mentioned he may need to call one or more Attorney Client Sessions on some pending cases, possibly prior to the next Commission Meeting and if that was acceptable with the City Commission, he would work with the City Clerk on this. No objections were voiced. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 12, 2009 PAGE 7 OF 14 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 asked the City Commission about a possible meeting with Representative Chris Dorworth here at City Hall, and possibly changing an upcoming Regular Meeting time, if Representative Dorworth was available. Tape 1 /Side B With further comments, City Clerk Lorenzo Luaces also mentioned that after Representative Dorworth has met with you all, that he wanted to hold traditional Town Hall Meetings with citizens. City Clerk Lorenzo Luaces also noted that Commissioner Sally McGinnis had suggested that we formally ask Representative Dorworth to hold a "Town Hall" meeting here at Winter Springs; and that if this was agreeable to the City Commission, then we could send out a formal request to Representative Dorworth asking for this. Deputy Mayor Krebs stated, "That is okay with me." Commissioner McGinnis stated, "Yes." REPORTS 403. Commission Seat One Jean Hovey Commissioner Hovey commented on attending Leadership Seminole last week, and asked about the revenue from the penny sales tax. Commissioner Hovey asked Manager Smith, "Can you maybe contact the County and see where we are on that where we could maybe get our citizens on board; if people think it is a good idea to continue that penny sales tax to split it between the cities, the County, and the School Board and just let me know." Manager Smith remarked, "I will get you an update." REPORTS 404. Commission Seat Two Rick Brown Commissioner Brown commended Chief of Police Kevin Brunelle on his handling of a case on television and stated, "He handled it with utmost professionalism that we knew he would sensitivity that it deserved and I was very proud to have you represent us to the Country this morning." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 12, 2009 PAGE 8 OF 14 Commissioner McGinnis asked if they could receive a copy of the televised interview. Lastly, Commissioner Brown mentioned that a resident was listening to this Meeting from abroad. REPORTS 405. Commission Seat Three Gary Bonner Commissioner Bonner also complimented Chief Brunelle on how this case has been handled; and mentioned that members of his church also commented that Chief Brunelle and his Department handled things very appropriately. Next, Commissioner Bonner complimented Chief Brunelle and his staff on the Police Department's Citizen's Academy and recommended that the City Commission and citizens consider attending. REPORTS 406. Commission Seat Four Sally McGinnis Commissioner McGinnis asked the City Manager for an update on the Forensic Audit. Brief discussion followed. REPORTS 407. Commission Seat Five/Deputy Mayor Joanne M. Krebs Deputy Mayor Krebs inquired about the status of the Green initiative. Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Department noted that this had been included in a Scope of Work for Architects and that Mr. Randy Stevenson, Director, Community Development Department had been working on this. Manager Smith added, "I will follow up with Randy (Stevenson) and will report back." REPORTS 408. Office Of The Mayor John F. Bush Although Mayor John F. Bush was absent; Deputy Mayor Krebs mentioned that Mayor Bush had asked that the City Commission consider whether they might like to advertise in the Indian Trails Middle School newsletter? With discussion, the Consensus was to not advertise in the Indian Trails Middle School newsletter. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 12, 2009 PAGE 9 OF 14 PUBLIC INPUT Ms. Betty Mignone, 311 Casa Grande Court, Winter Springs, Florida: as a member of the Senior Center, Ms. Mignone asked if the Fee for Bingo on Fridays could be waived for guests. Discussion followed on the status of an Agenda Item related to the Senior Center. Mr. Pula spoke on the $10.00 guest fee and noted, "The Fee she's referring to is the ten dollar ($10.00) guest Fee that is the City's Fee that the City adopted in a Resolution last December. Staff is aware of this concern and we're aware of some other concerns concerning the splash playground and also the membership for the last three (3) months of the year. Staff has been preparing to bring all that back to the Commission for a review later this fall when we look at the Fees again for next year." Further discussion followed on Splash Pads. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Not Used. REGULAR AGENDA REGULAR 600. Community Development Department Requests That The City Commission Consider An Implementation Agreement To Allow Up To 100,000 Square Feet Of Personal Storage/Mini- Warehouse Within Parcel 14 -B Of The Oviedo Marketplace PUD [Planned Unit Development] (And Development Of Regional Impact DRI). Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item for discussion. Discussion followed for the Record on the retail versus self storage tax revenues as mentioned previously by Mr. Stevenson. Commissioner Bonner stated for the Record, "It is not a comparison of the choices of the 100 townhomes versus the self storage which is the way it could be interpreted the way this is written; and that's not really what the intent was." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 12, 2009 PAGE 10 OF 14 "I WILL MAKE A MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. REGULAR AGENDA REGULAR 604. Community Development Department Requests That The City Commission Consider Allowing The Option Of A Continuous Care Retirement Center (CCRC) Or An Independent Living Facility (LLF) In Lieu Of 100 Townhouse /Condominium Units Within Parcel 14 -B Of The Oviedo Marketplace PUD [Planned Unit Development] (And Development Of Regional Impact DRI). Mr. Baker began the discussion on this Agenda Item. Commissioner Bonner asked that Staff in the future, "In the Impact Analysis that you are presenting to us, that that information be brought forward as well. I did not find the jobs information inside our document. I certainly found the tax information but certainly consideration of adding jobs into our local economy is welcomed additional information." Mr. Philip Hollis, P.E., Executive Vice President, Flagship Land Group, 5323 Millenia Lakes Blvd., Suite 121, Orlando, Florida: addressed the City Commission on this proposed project. With comments, Mr. Hollis noted, "The reason we want a faith -based institution that specifically restricts the sale and the turnover of the units and all, is that we don't want somebody raising the price a little bit to sell the facility." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 12, 2009 PAGE 11 OF 14 Continuing, Mr. Hollis explained, "The ratios of care I learned today and these numbers I gave you embodies the ten to one (10 -1) ratio which is the modal, is the right level it's called the level of care is the ten to one (10 -1) ratio with personal care attendants." Discussion. Commissioner McGinnis asked Mr. Hollis about Medicare, and stated "You will have Medicare beds Mr. Hollis nodded which was acknowledged for the Record. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. COMMENTS FOLLOWED ON THE RECOMMENDATION LISTED IN THE AGENDA ITEM. MR. HOLLIS REMARKED ABOUT THE THREE (3) DIFFERENT GROUPS THEY HAD BEEN IN TALKS WITH AND EXPLAINED, "WE DON'T KNOW WHAT THE FINAL MIX IS YET. WE NEED TO BE ABLE TO DO INDEPENDENT LIVING FACILITIES IN THE FORM OF TOWNHOUSES AND ATTACHED TOWNHOUSE /CONDOMINIUM FORMAT AND /OR INDEPENDENT LIVING FACILITIES WITH A CENTRAL CARE AND ASSISTED LIVING FACILITIES OR A CONTINUOUS CARE RETIREMENT CENTER WHICH INCLUDES ALL OF THOSE, PLUS SKILLED NURSING BEDS; SO, WE HAVE A CONVERSION MATRIX THAT IS TRANSPORTATION BASED WHICH WILL ALLOW AND THIS WAS OUR REQUEST, WAS THE MAXIMUM NUMBER OF TOWNHOUSES AS ALREADY BEEN ESTABLISHED AND CONDO'S IS 100. THERE'S A MAXIMUM NUMBER IF WE ONLY DO INDEPENDENT LIVING FACILITIES, THERE'S A MAXIMUM NUMBER THERE..." DEPUTY MAYOR KREBS ASKED "...WHAT IS THAT MAXIMUM NUMBER MR. HOLLIS CONTINUED, "184 OR IF WE DO EVERYTHING IN ASSISTED LIVING BEDS, IT'S 318 BEDS. AND WHAT WE'D LIKE IS THE FLEXABILITY BY THOSE CONVERSION MATRIX'S BASED ON TRIP GENERATION TO DO ANY COMBINATION OF THOSE DIFFERENT USES AND IF YOU LOOK AT THE VALUE FROM A TAX STANDPOINT, A BLENDED COMBINATION OF ALL OF THOSE STILL GETS YOU A GREAT TAX VALUE." FURTHER DISCUSSION FOLLOWED ON THE CITY COMMISSION'S CONCERN WITH MEETING THE NEEDS OF CITIZENS. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 12, 2009 PAGE 12 OF 14 COMMISSIONER BONNER INQUIRED, "IS THIS THE SORT OF AGREEMENT THAT WE SHOULD, COULD DRAFT A DEVELOPER'S AGREEMENT ATTORNEY GARGANESE NOTED, "THIS IS JUST A PRELIMINARY ITEM ALL STAFF IS ASKING FOR IS DIRECTION." Tape 2 /Side A CONTINUING, ATTORNEY GARGANESE EXPLAINED, "THE REASON WHY YOU'RE HERE IN THIS SITUATION, IS BECAUSE THE CURRENT DEVELOPMENT ORDER THAT FOR THIS PORTION OF THE DRI (DEVELOPMENT OF REGIONAL IMPACT) LIMITS THE USE OF THE PROPERTY TO 100 TOWNHOME/CONDO CONDOMINIUM UNITS. SO, IN ORDER FOR THEM TO CHANGE THAT, THEY HAVE TO COME TO THE COMMISSION AND THERE WOULD HAVE TO BE A PROCESS THAT WOULD HAVE TO BE FOLLOWED; BUT BEFORE WE GET INTO DOING THE NECESSARY DOCUMENTS TO CHANGE THE PREVIOUS APPROVAL, WE WANTED TO GET THE COMMISSION'S DIRECTION. SO, WHAT YOU'RE VOTING ON TONIGHT IS NOT REALLY SOMETHING FORMAL, IT'S JUST PROVIDING DIRECTION. THEN IT WOULD HAVE TO GO BACK AND STAFF WOULD HAVE TO WORK WITH THE PROPERTY OWNER AND THEIR REPRESENTATIVES TO COME UP WITH SOME DOCUMENT FOR YOU TO APPROVE IN FINAL FORM." VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR 601. Parks And Recreation Department Requesting City Commission Direction On The Formation Of A Winter Springs Historical Society. Mr. Pula presented this Agenda Item for discussion. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 12, 2009 PAGE 13 OF 14 Deputy Mayor Krebs said that she would prefer it be some type of 501(c)(3) or a non- profit organization; and thought the Historical Society could assist with fundraising. Discussion. Commissioner McGinnis asked if Grants could be considered? Mr. Pula stated, "I would be glad to look at that." Commissioner Brown thought that for the initial year, perhaps the Owner could assist with some concessions; and also thought it should be an independent 501(c)(3). Discussion followed on parking; ADA (Americans with Disabilities Act) accessibility; whether there are programs to grandfather in historic buildings; if ADA (Americans with Disabilities Act) related changes were made, would that affect a historic building's status; and exemptions. Manager Smith suggested, "I would recommend again that you authorize us to move forward to have Chuck (Pula) facilitate organizing this and take it to the next step; and we will report back as appropriate." "SO MOVED." 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. REGULAR 602. Office Of The City Manager Requests That The City Commission Set A Workshop Date To Review The City's Advisory Boards And Committees. With discussion on possible dates, the date of Monday, February 1, 2010 was suggested. Commissioner Hovey stated, "Good." Commissioner Bonner remarked, "Good." No objections were voiced. As to the start time, Deputy Mayor Krebs suggested 6:00 p.m. No objections were noted. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 12, 2009 PAGE 14 OF 14 REGULAR 603. Community Development Department Building Division Requests The City Commission Adopt Resolution (Number) 2009 -54, Which Revises The Building Permit Fee Schedule For New Construction. Mr. Baker briefly commented on this Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. ADJOURNMENT Deputy Mayor Krebs adjourned the Regular Meeting at 7:10 p.m. RESPECTFULLY SUBMITTED: r r 1 I ORENZO- LUACES, MMC CITY ERK 4PPRO '4 M OR SC HN -F. BUSH NOTE: These Minutes were approved at the October 26, 2009 Regular City Commission Meeting.