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HomeMy WebLinkAbout2008 09 08 Consent 204 Approval of the August 25, 2008 Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING AUGUST 25, 2008 CALL TO ORDER The Regular Meeting of Monday, August 25, 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, present M".,~ Commissioner Rick Brown, present "" Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present ~ City Manager Ronald W. McLemore, present ~: City Attorney Anthony A. Garganese, arrived at 5:19 p.m. The Pledge of Allegiance followed a moment of silence. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. _ _ No discussion. INFORMATIONAL 101. Community Development Department Wishes To Inform The City Commission Regarding Results Of A Flagpole Survey Recently Sent Out By The Tuscawilla Home Owners Association (THOA) To Determine Support For Installation Of One Or Two Flagpoles At The Main Entrance To The Tuscawilla Subdivision. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 2 OF 31 ~~MOTION TO APPROVE [INFORMATIONAL AGENDA]." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Community Development Department Requesting Authorization To Enter Into A Contract Agreement With Central Florida Landscaping And Maintenance, Inc. For Landscaping To Be Installed Pursuant To A Florida Department Of Transportation (FDOT) State Road 434 Highway Beautification Grant In The Amount Of $142,000.00. There was no discussion on this Agenda Item. CONSENT 201. Community Development Department Requesting Authorization To Set The City Standard Streetlight Rate At $12.75 Per Month Pursuant To A Revised Rate Schedule Provided By Progress Energy Effective On August 1, 2008. The Revised Rate Represents An Increase Of $ .11 From The Previous Rate Of $12.64, Which Became Effective On January 1, 2008. No discussion. CONSENT 202. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Concession Stands Operation Agreement With Winter Springs Youth Sports (Babe Ruth) To Operate The Central Winds Park Concession Stands. ~~' ~,' a°; "ar~~~ ~~~ ~'l This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 3 OF 31 CONSENT 203. Office Of The Mayor Asking The City Commission To Review And Consider Approving The Attached Resolution 2008-43 Related To Keep Seminole Beautiful And Feral Cats. There was no discussion on this Agenda Item. CONSENT 204. Office Of The City Clerk Approval Of The August 4, 2008 City Commission Special Meeting Minutes. No discussion. CONSENT °~~ 205. Office Of The City Clerk Approval Of The August 11, 2008 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. .~' CONSENT ~...d 206. Office Of The City Clerk Approval Of The August 13, 2008 City Commission Workshop Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE [CONSENT AGENDA]." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 4 OF 31 •• AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS WERE NOT NECESSARILY DISCUSSED IN THE ORDER DOCUMENTED NEXT. PLEASE NOTE THAT AWARDS AND PRESENTATIONS "300" WAS ALSO DISCUSSED ON PAGE 9. •3 • AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Oviedo-Winter Springs Regional Chamber Of Commerce Incoming President Of The Oviedo-Winter Springs Regional Chamber Of Commerce Paul P. Partyka Wishes To Address The Mayor And City Commission About City Special Events. This Agenda Item was discussed later in this Meeting. AWARDS AND PRESENTATIONS 301. Office Of The Mayor Issuing A Proclamation In Accordance With Section 2-82. Of The City's Code Of Ordinances Calling The Municipal Election Of 2008. Mayor Bush read into the Record, a Proclamation proclaiming the 2008 City of Winter Springs Municipal Election. Ciry Attorney Anthony A. Garganese arrived at 5:19 p. m. • • AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED IN THE ORDER DOCUMENTED. • • REPORTS REPORTS 401. Office Of The City Manager -Ronald W. McLemore City Manager Ronald W. McLemore commented on a document related to Tropical Storm Fay. Commissioner Sally McGinnis said, "It was a good report." Manager McLemore added, "I didn't bring you the Agenda Item tonight because we are not quite prepared - we still need to do a little more evaluation on what our losses are." Manager McLemore then noted, "We will come back with an Agenda Item at your next Meeting." Manager McLemore was asked if losses were covered by Insurance and explained, "We will be filing for FEMA (Federal Emergency Management Agency) money if it becomes available." ~°" ^'°~ "~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 5 OF 31 Commissioner Robert S. Miller inquired if Seminole County or Winter Springs was included in emergency legislation being discussed in Tallahassee? Manager McLemore commented, "We don't know that yet, but we will begin to start getting that information down probably within the next couple of weeks." Discussion followed on issues with Hacienda Village and Moss Road. Mayor Bush suggested, "Maybe after we do Public Input, we could take this up again." Manager McLemore stated, "Sure." Commissioner Joanne M. Krebs suggested that an alternative route be provided for the residents of the Winding Hollow subdivision. Mayor Bush recommended further, "Right after Public Input, let us take this up again." No objections were noted. '~ REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, CMC ~ p....~ No Report. °'m'TJ REPORTS 400. Office Of The City Attorney -Anthony A. Garganese, Esquire Attorney Garganese mentioned a newly filed Lawsuit by Anderson's Coach (Work, Inc.) and that the City Commission could get a copy of the complaint from the City Clerk. Next, Attorney Garganese commented on the Jesup's Reserve Maintenance Bond issue and remarked, "City Engineering believes there is approximately -forty-five to sixty thousand dollars ($45,000.00 - $60,000.00) worth of maintenance punchlist items that the Surety should be responsible for and we have gone back for months -back and forth, Brian (Fields) with his counterpart, myself with my counterpart, the Attorney representing the Maintenance Bond Surety company to no avail." Continuing, Attorney Garganese noted, "To get this thing - in play and get it finally resolved, my recommendation at this juncture would be to file a Complaint in Circuit Court against the Surety and not only seek compensation under the Bond for the punchlist items, but there is an argument for Attorney's Fees and Costs if we have to enforce the provisions of the Maintenance Bond." Note: Due to technical difficuhies, the next audiotape was used. Tape 2/Side A CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 6 OF 31 ~~MOTION TO FILE A COMPLAINT IN CIRCUIT COURT AGAINST THE SURETY FOR THE VARIOUS REASONS THAT THE ATTORNEY JUST STATED." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE ~~ MOTION CARRIED. REPORTS 403. Office Of The Mayor -John F. Bush Mayor Bush spoke of an offer from "Anytime Fitness" in the Villagio shopping center. Manager McLemore mentioned, "The Policy of the City in the past is we do not allow that kind of advertising within the City." Manager McLemore added, "This gets us back in that First Amendment issue all over again about what can be distributed." Mayor Bush then mentioned information on electronic bollards that he received at the recent Florida League of Cities Annual Conference and which he gave to the City Manager. Mayor Bush suggested that if the City Manager was interested he could bring this back to the City Commission. Next, Mayor Bush then spoke about biodegradable pens and noted, "We will ask the Clerk to send this around and maybe later, we can make a decision on it." Lastly, Mayor Bush commented on a Citizen Lobbyist service who assists with Grants and has a database. Mayor Bush mentioned that he had provided the information to Manager McLemore to consider. REPORTS 404. Commission Seat One -Robert S. Miller Commissioner Miller reminded everyone about Voting tomorrow. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 7 OF 31 REPORTS 405. Commission Seat Two -Rick Brown Commissioner Rick Brown commented for the Record on his recent Ethics Complaint and stated, "Tonight, I would like to submit to the City Clerk for public record, a copy of the WFTV (Channel 9) news article." Commissioner Brown added, "Anthony (Garganese), you will have to make a determination on what copyright laws exist for Channel 9 as to whether the public is allowed to have copies of that from us or if they need to go through Channel 9." REPORTS 406. Commission Seat Three/Deputy Mayor -Donald A. Gilmore No Report. REPORTS 407. Commission Seat Four -Sally McGinnis No Report. REPORTS 408. Commission Seat Five -Joanne M. Krebs Commissioner Krebs mentioned about comments she had received from a Winding Hollow resident. Next, Commissioner Krebs commented on the Ethics charge and serving as Elected Officials. Commissioner Krebs commented on the Organizational Chart and stated that the City Clerk "Should be right under the Mayor and the City Commission, with the Advisory Boards, the City Manager, City Attorney - I think it should also be City Clerk. So, if that is agreed, could that be corrected for the Final Budget?" Discussion followed on dotted and solid lines. Commissioner Krebs added, "I know she works -for us and I just thought that since she is a Charter member like the rest, that is where it belonged." Commissioner Krebs added, "If that is not correct, then I guess the Commission should decide where they want it. I just thought it was a mistake. "~ i ~~`°' i°'~A" ~~ Mayor Bush said, "Can you fix that and bring it back to the City Commission?" Manager McLemore stated, "Okay, I can give you two (2) examples." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 8 OF 3l Next, Commissioner Krebs commented, "I would like some consideration given to review Benefit Plans and -goals of this Commission, what they would like to see as well. So, I think that if we could work that into some kind of Workshop going forward." Commissioner Krebs added, "I am not saying tomorrow, I am just saying some time in the near future." Commissioner Krebs suggested, "Goals that we would like to see happen in the next year -what we as a Commission would like to plan for next year." Continuing, Commissioner Krebs suggested, "You might just want to start with a skeleton to work off of - not a methodology." Commissioner Brown suggested, "To me it seems like rather a simple goal setting process that we leverage against our current Budget." Mayor Bush suggested a Workshop date of "[Monday] September 15th, [2008]?" Commissioner Brown stated, "Works for me." Commissioner Krebs remarked, "Okay." Mayor Bush then asked, "5:30 [p.m.] on the 15th? Everybody in agreement?" Commissioner Krebs commented, "Okay." Commissioner McGinnis stated, "Yes." Mayor Bush said to City Clerk Andrea Lorenzo-Luaces, "Get that on the Calendar." Mayor Bush further asked the City Commission, "What about taking Public Input during that time as well?" Commissioner Brown noted, "Sure." Commissioner Krebs stated, "Why not? Good idea." Mayor Bush summarized, "It is a Workshop, but we will have Public Input." Commissioner Krebs asked, "Are there any feelings on discussion or looking at other benefit plans that are out there and cost savings, and things like that?" Commissioner Krebs suggested, "Maybe we can talk about it and then set another Workshop date, why don't we do that." Mayor Bush noted, "I think that would be a good idea." Commissioner Krebs stated, "Okay." Mayor Bush added, "Make sure you bring it up." • • AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS AGENDA ITEM WAS DISCUSSED AGAIN, AS PREVIOUSLY NOTED ON PAGE 4 OF THESE MINUTES, FOLLOWED BY THE REST OF THE AGENDA. • • ~, [~ ~., °'~ ~J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 9 OF 31 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Oviedo-Winter Springs Regional Chamber Of Commerce Incoming President Of The Oviedo-Winter Springs Regional Chamber Of Commerce Paul P. Partyka Wishes To Address The Mayor And City Commission About City Special Events. Mr. Paul Partyka, 292 Solaris Wharf Street, Winter Springs, Florida: commented on recent WLOQ events and also introduced the current Oviedo-Winter Springs Regional Chamber Of Commerce President Charles Lacey. ~ Commissioner Brown noted, "Just for the Record, I am a party to this presentation." ~ s~°~" e"~ Mr. Partyka commented on special events; contracts; presented three (3) checks to the City so that the City would not lose any credibility; and the City Commission supporting events. ~ °~':=~ Much discussion ensued on previous actions; contracts; and what would be fair. l~ Mayor Bush said, "I would like to hold up on cashing these checks until the Chamber [of Commerce] has a chance to meet with the Manager -and bring back a recommendation. Is that okay with you?" Mr. Partyka remarked, "We'll go along with whatever the City decides." Mayor Bush then asked, "Commissioners, are you okay with that." Commissioner Krebs stated, "Yes." Commissioner McGinnis commented, "Yes." Commissioner Miller remarked, "Yes." No objections were voiced. Mayor Bush added, "We will not cash these." Furthermore, Mayor Bush noted, "I will give these checks to the Clerk and she can hold them until we decide what to do with it." Next, Mayor Bush stated, "Let us do the Winding Hollow issue now." • • AGENDA NOTE: THE FOLLOWING PUBLIC INPUT WAS DISCUSSED NEXT, AND LATER IN THE MEETING, AS NOTED ON PAGE 12 OF THESE MINUTES. • • PUBLIC INPUT Mr. Tom High, 400 Timberglen Court, Winter Springs, Florida: spoke of problems in Winding Hollow related to recent flooding and emergency entrances/exits; and suggested that the road be widened. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 10 OF 31 Mr. Mark Johnson, 1056 Winding Waters Circle, Winter Springs, Florida: as the President of the Winding Hollow Homeowner's Association, Mr. Johnson, thanked the Police Department for their assistance with the recent flooding, and also suggested that the entryway be widened. Tape 2/Side B Commissioner Krebs mentioned a resident who had some complaints. Next, Commissioner Miller spoke for the Record about when Winding Hollow was built and the houses that were built which faced the creek. Discussion followed on possible solutions, to which Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Department said, "I think Alton (Road) is a much bigger deal than '°""0 the Oak Hollow park one. I don't need to do any design work for Oak Hollow park." Manager McLemore noted, "I just don't think that the one is the solution - it doesn't give ~ you the security I think you really deserve. We need to look at both." ~ Mayor Bush remarked about the City Manager's Memorandum and noted that it "Outlines three (3) curative options -one was the Trotwood, two (2) was the Alton ,~,.~.,..~ (Road) and three (3) was the widening of the eight foot (8') sidewalks -and then the long ~ term which would be the engineering - we talked about." ~'° "I WOULD LIKE TO MAKE A MOTION TO -HAVE THE CITY MANAGER DIRECT STAFF TO ENGINEER AN EMERGENCY ESCAPE ROUTE OR TWO (2) -FOR WINDING HOLLOW -AND TO ACT ON THAT IMMEDIATELY." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. COMMISSIONER MILLER ADDED, "I WOULD LIKE THE CITY MANAGER TO COMMENT WHEN HE BRINGS HIS INFORMATION BACK ON THE REAL USE OF THAT SECOND ONE THAT WE ARE TALKING ABOUT; BECAUSE FOR ABOUT TWO (2) DAYS THE ENTRANCE TO -WINDING HOLLOW WAS IMPASSABLE; AND DURING THOSE TWO (2) DAYS, THAT SECOND EXIT WE ARE TALKING ABOUT WAS ALSO IMPASSABLE BECAUSE THOSE TWO (2) STORM DRAINS THEY HAVE THERE, THE WATER IS RUNNING RIGHT OVER THE TOP OF THEM AND IN SEVERAL PLACES AS A MATTER OF FACT - IT IS RUNNING OVER THE ROADWAY ON ALTON ROAD TOO, ABOUT A FOOT DEEP, FOR ALMOST FOUR (4) OR FIVE (5) HOURS." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE I I OF 31 MANAGER McLEMORE EXPLAINED, "IT IS AN ENGINEERING ISSUE AND WE WILL ADDRESS THAT. KEEP IN MIND, FLOODING IS ONLY ONE WAY THAT THESE PEOPLE CAN BE PUT IN THIS POSITION..." COMMISSIONER KREBS ADDED, "...RIGHT. THIS IS A CURE FOR OTHER THINGS BESIDES." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mr. Laurent Pellerin, 116 South Moss Road, Winter Springs, Florida: commented on working with Developers on the building near the GreeneWay; and wanted to see Budget cuts made. •• AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM "500" WAS DISCUSSED NEXT, AND WAS ALSO DISCUSSED AGAIN, AS NOTED ON PAGE 13. • • PUBLIC HEARINGS AGENDA Pi1BLIC HEARINGS 500. Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing For 2"d Reading And Adoption Of Ordinance 2008-13, Which Amends The Height Of Walls Allowed Within The I-1 Light Industrial Zoning District. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Hugh Harling, Harling, Locklin & Associates, 850 Courtland Street, Orlando, Florida: addressed the City Commission and stated, "The only issue I have is that the actual Zoning that we went to was a Commercial Restricted Zoning and should this reflect that in the Ordinance?" Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department stated, "I believe the agreement on the C-2 Zoning covers the wall itself in that Zoning District, this is for the I-1 Zoning." Attorney Garganese added, "This Ordinance only addresses the I-1 Zoning District." °~ '°' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE l2 OF 31 Ms. Eloise Sahlstrom ASLA, AICP, Senior Planner, Community Development Department added, "This revision to the I-1 Zoning District affects any properties that are currently zoned I-1 which these are highlighted." Mayor Bush said to Mr. Harling, "Does that answer your concerns?" Mr. Harling responded, "Yes Sir, it does." Mayor Bush noted, "Let the Record reflect that it did answer -his concerns." The "Public Input" portion of the Agenda Item was closed. a--~, "MOVE FOR APPROVAL." MOTION BY DEPUTY MAYOR GILMORE. ~' SECONDED BY COMMISSIONER KREBS. DISCUSSION. , VOTE: ~ DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE ~ COMMISSIONER BROWN: AYE ~ COMMISSIONER MILLER: AYE MOTION CARRIED. Deputy Mayor Donald A. Gilmore stated, "I think that this does still affect Bart Phillips' property on the side where the school is. So - he does have an interest in this one." Ms. Sahlstrom remarked, "It would allow him to build this ten foot (10') wall along that perimeter there." Deputy Mayor Gilmore added, "That is correct." • • AGENDA NOTE: THE FOLLOWING PUBLIC INPUT WAS DISCUSSED AGAIN, AS PREVIOUSLY NOTED ON PAGES 9-11 OF THESE MINUTES. •• PUBLIC INPUT Mr. Irma Panzella, 311 Twelve Oaks Drive, Winter Springs, Florida: Mayor Bush stated that Ms. Panzella was not here but commented on possible solutions for the Winding Hollow subdivision. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 13 OF 31 :•• AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM "500" WAS AGAIN DISCUSSED, AS PREVIOUSLY NOTED ON PAGES 11-12 OF THESE MINUTES. THE REST OF THE AGENDA FOLLOWS. •• PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing For 2"d Reading And Adoption Of Ordinance 2008-13, Which Amends The Height Of Walls Allowed Within The I-1 Light Industrial Zoning District. Further on this Agenda Item, Attorney Garganese noted, "The comment was made regarding the frontage property along (State Road) 419 -just to clarify -when the City Commission adopted the changes to the -Zoning District to allow outdoor storage, one of the requirements is that they have awall - C-2 to have a wall ten foot (10') high to act as a visual screen. So, the answer to the gentleman's question is yes, it's already addressed in the previous Ordinance that you adopted for the C-2 property. This Ordinance would allow the ten foot (10') wall along the School District property." PUBLIC HEARINGS 501. Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing To Consider Adoption Of Resolution 2008-36 Which Designates An Area Of The City As The "Town Center Seminole Economic Enhancement District (SEED)/Brownfield Area". Ms. Sahlstrom introduced this Agenda Item. 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. With discussion, Ms. Sahlstrom remarked, "What our understanding was is that this map can be Amended at any time, so, if this land was to be Annexed in, then we could go through the process and update the map." "'a I ~"~1 ~,~ "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 14 OF 31 MS. SAHLSTROM NOTED, "NOT THIS ENTIRE AREA, BUT PLANTE PROPERTY WAS DESIGNATED A - AREA ALREADY UNDER THE SEMINOLE COUNTY PROCESS." DEPUTY MAYOR GILMORE ASKED, "WAS THAT A S.E.E.D. (SEMINOLE ECONOMIC ENHANCEMENT DISTRICT) OR A BROWNFIELD?" MS. SAHLSTROM NOTED, "IT WAS A BROWNFIELD." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE ~, DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. '{ 7 PUBLIC HEARINGS 502. Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing To Consider Adoption Of Resolution 2008-37 Which Designates An Area Of The City As The "Village Walk Seminole Economic Enhancement District (SEED)/Brownfield Area". 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 APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MR. STEVENSON REMARKED, "ON THE VILLAGE WALK, JUST SO WE'RE CLEAR ON THIS -THERE WAS A QUESTION THAT CAME UP IN ONE OF THE PUBLIC HEARINGS RELATIVE TO -LOW-INCOME HOUSING. IF THE AREAS OF THESE S.E.E.D. (SEMINOLE ECONOMIC ENHANCEMENT DISTRICT) AREAS THAT ARE COMMERCIAL, NO ONE CAN FORCE YOU TO PUT ANY HOUSING ON THEM. IF YOU HAVE SOME AREAS THAT ARE DESIGNATED RESIDENTIAL AND WE DO IN FACT, IN THE VILLAGE WALK, YOU HAVE TO WORK WITH THEM ON LOW-INCOME HOUSING IN THAT AREA, IN TERMS OF AN UPGRADE." MR. STEVENSON ADDED, "THEY STILL HAVE TO CONFORM TO OUR REGULATIONS." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 15 OF 31 Mr. John Metsopoulos, US 17-92 CRA Program Manager, Seminole County, 1055 AAA Drive, Suite 145, Heathrow, Florida: addressed the City Commission and stated, "If it is zoned Commercial, they cannot require you to build housing in a Commercially Zoned area." MAYOR BUSH ASKED, "DID YOU GET THAT INFORMATION BACK TO THAT CITIZEN RANDY (STEVENSON) THAT ASKED THAT QUESTION?" MR. STEVENSON RESPONDED, "I HAVE NOT YET, BUT I WILL GET IT BACK TOMORROW MORNING TO HIM." FURTHER DISCUSSION. "~; COMMISSIONER McGINNIS SPOKE FOR THE RECORD ON FINANCIAL DISTINCTIONS RELATED TO HOUSING AND WORKFORCE HOUSING. VOTE: '~ COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE ,,,,,„' COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing To Consider Adoption Of Resolution 2008-38 Which Designates An Area Of The City As The "GreeneWay Interchange Seminole Economic Enhancement District (SEED)Brownfield Area". Brief discussion. 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 APPROVE. MOTION. SECONDED. DISCUSSION. CITY OF W[NTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 16 OF 31 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Commissioner Miller left the Commission Chambers at 6.'48 p. m. ~--~ REGULAR AGENDA REGULAR 600. Office Of The City Manager Requesting The Commission To Review A Draft Policy Regarding Charitable Donations And To Provide Any Direction It Deems Appropriate. Brief discussion. Commissioner Miller returned to the dais at 6: 50 p. m. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. ATTORNEY GARGANESE NOTED, "I DON'T BELIEVE IT'S THE INTENT TO ADDRESS SPONSORSHIPS - THIS IS DIRECT CHARITABLE CONTRIBUTIONS." MANAGER McLEMORE ADDED, "THAT WAS GOING TO BE ANOTHER RESOLUTION." DISCUSSION. Tape 3/Side A FURTHER DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 17 OF 31 REGULAR 601. Community Development Department Requests That The Commission Approve The Tali's Crossing Final Subdivision Plat And Authorize Its Recordation, Subject To The City Attorney's Review And Comments. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item Discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. • VOTE: ~' COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. ~'""' REGULAR 602. Parks And Recreation Department Requesting That The City Commission Consider Approval And Give Staff Direction Regarding A Winter Springs Hometown Harvest Special Event. Mr. Chuck Pula, Director, Parks and Recreation Department spoke on this Agenda Item. Discussion. Commissioner Krebs asked, "Who do we have working on our Sponsors -have we sent out an RFP (Request for Proposal) for anybody to get involved?" Manager McLemore noted, "We're preparing it now and hopefully we can get it out of here within a week or so." Discussion. "I WOULD LIKE TO MAKE A MOTION THAT STAFF GO BACK AND FIND A WAY TO PAY FOR THIS THROUGH SPONSORSHIPS AND ADVERTISING TO MAKE THIS EVENT HAPPEN. WE HAVE SIXTY (60) DAYS. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE I S OF 31 WE HAVE PEOPLE IN THE COMMUNITY THAT KNOW HOW TO DO THIS OR HAVE BEEN SUCCESSFUL IN GETTING SHORT-TERM PROJECTS OFF THE GROUND SUCCESSFULLY. THEY EXIST THROUGHOUT SEMINOLE COUNTY -LET US GO MAKE IT HAPPEN." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION COMMISSIONER KREBS ADDED, "COMMISSIONER BROWN, WOULD THAT INCLUDE ANY KIND OF CREATIVE WAY TO HAVE HELP IF THEY SO NEED IT, BUT AT NO COST TO THE CITY?" COMMISSIONER BROWN STATED, "WHY NOT." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. ••S AGENDA NOTE: THE FOLLOWING TWO (2) REGULAR AGENDA ITEMS "603" AND "604" WERE DISCUSSED SIMULTANEOUSLY AS NOTED NEXT, AND THEN INDIVIDUALLY. •• REGULAR AGENDA REGULAR 603. Office Of The City Clerk Requests The City Commission's Direction Regarding The Upcoming Performance Review For The City Clerk For Fiscal Year 2007-2008, As Requested By The City Commission At A Previous Meeting. REGULAR 604. Office Of The City Manager Requesting The Commission To Review Information Regarding The City Manager's Annual Evaluation For Performance Year "11", November 1, 2006 Throusih October 31, 2007. Discussion. °~ ~~ Commissioner McGinnis suggested that the City Clerk did not need to provide information going back to 2001. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 19 OF 31 Further discussion followed on whether there was an Evaluation process for employees of the City Commission. Commissioner Brown inquired, "Is there a formal process - a formal document that we use for this purpose?" Commissioner Brown added, "I wonder if there shouldn't be and maybe this is yet another Workshop, but maybe I think we need to enter into a more formalized process for individuals who are direct employees of the Commission." Discussion continued on other cities. Manager McLemore stated, "Prior to two (2) years ago, I sat down with the Commission individually, each year and said "What are your goals for the upcoming year so I can put them into my report and goals for the year. The Commission basically lost interest in that process. So, what I have done is gone back to the benchmarks that the Commission has set which really is the appropriate way, in my opinion." Commissioner Brown asked Manager McLemore, "So, when are those annual goals set, or in this case, when were those goals created for you?" Manager McLemore stated, "I sat down with the Commissioners one on one every year and I created a list. I compiled that list and brought it back to the Commission and said this is the list we're working from and there was agreement with that list, and then we would move forward." Commissioner Brown then inquired, "So, in the past two (2) years?" Manager McLemore noted, "No, not in the last two (2) years." Commissioner Brown then said, "I think as long as the Commission is directly responsible for the City Clerk and the City Manager, the process needs to be the same; and in this case, if we are not taking the time to do a formalized review and a formal goal setting expectation, both of these individuals are really working in the dark as to what our annual objectives and anticipated results are for them." Further discussion followed on suggested metrics; and evaluation forms. Deputy Mayor Gilmore suggested, "What I would like personally to see her (Andrea Lorenzo-Luaces, City Clerk) do is come back with a list of what she did during the year, her accomplishments. Secondly -let's say, a list of the pay of other City Clerks in our area and somewhat of a comparison, and I would like to see her bring that back at the next Meeting, so that we can act on this." Commissioner Krebs then stated, "I really think it is important to be able to look at how you are going to evaluate somebody by saying, `Okay, here are what our objectives are' and usually you set them as a group and then yes, here is how they were met -maybe we didn't set something; well why didn't we meet it? Maybe there is help that somebody needs." ~' "'~ _.., C CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 20 OF 31 Continuing, Commissioner Krebs stated, "I personally think that we should have some formal kind of -and to Anthony's (Garganese) point, maybe there is something you could give us that we can look at Anthony (Garganese)'s -that there should be a structure that we follow. This isn't structured." Furthermore, Commissioner Krebs noted, "Andrea (Lorenzo-Luaces) has done that before, as a matter of fact if I am not mistaken. You have given us what basically you set out to do for the year; what you accomplished during that period of time; what you still have left." Discussion ensued on what the City Clerk has given the City Commission in past years. Commissioner McGinnis noted, "I think when you analyze everything Andrea (Lorenzo- Luaces) does, you will realize that it really doesn't make sense to me that she is only accountable to the Commission and not the City Manager as in most cities." ~ Commissioner McGinnis added - "Because it is City business. It is just not confined to , the City Commission and I think we need to look at that at some point; but -Andrea (Lorenzo-Luaces) has given us what was wanted in the past. I would suggest to you, not a timeline as in the past but a job synopsis." Commissioner Miller commented on the process and noted that "My experience now has " been that you sit down at the beginning of the year. She tells you what she is going to do and we know by the end of the year, whether or not most of those things have happened."~`~ Furthermore, Commissioner Miller added, "I think what we got last year was adequate. I -didn't care for the first one because it was too long and basically month in, month out I sit here and I watch what is going on and you see the stuff going on and you hear people that work on City Boards who will tell you `Yes, the Minutes are produced on time; we are happy with her performance.' I just don't see the purpose of getting into an exhaustive analysis document four (4) or five (5) pages long." Discussion. •• AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM "603" WAS NOW DISCUSSED INDIVIDUALLY AS NOTED ON PAGE 18. •• REGULAR AGENDA REGULAR 603. Office Of The City Clerk Requests The City Commission's Direction Regarding The Upcoming Performance Review For The City Clerk For Fiscal Year 2007-2008, As Requested By The City Commission At A Previous Meeting. Commissioner Krebs remarked, "I agree with the one (1) page; I am fine with it." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 21 OF 31 Additionally, Commissioner Krebs then commented on Goals and said, "Could you bring that back?" Commissioner Krebs added, "What I would like on that one (1) page is just the thing that you have been able -out of your Goals to do, because -that is moving forward. That is a good thing. I would like to see that." Continuing, Commissioner Krebs stated, "She had objectives, so that the objectives would be on that one (1) page; and then she also had Goals and she would pull out the ones that she was able to meet on that one (1) page -and going forward, she would also have continuing - we have yet to see what she is working on." Mayor Bush suggested, "I think the Commission needs to approve her Goals, so she doesn't work on something that you all don't think she should be doing or you know it is not achievable without adding -more Clerks." Commissioner Krebs asked, "Wouldn't we do that when she brought that forward?" Mayor Bush said, "Yes. But the - Commission would then filter the Goals so to speak." ~~ ~- "I WOULD LIKE TO MAKE A MOTION THAT WE ASK ANDREA (LORENZO-LUACES) TO PRODUCE A ONE (1) PAGE LIST OF HER ACCOMPLISHMENTS DURING THE YEAR AND ALSO PROVIDE US WITH Y.~~ A LIST OF SALARIES OF COMPARABLE POSITIONS IN ADJOINING ""~'"'~' COMMUNITIES AND REPORT THAT BACK FOR ACTION AT THE NEXT COMMISSION MEETING." MOTION BY DEPUTY MAYOR GILMORE. MAYOR BUSH ASKED ABOUT GOALS. DEPUTY MAYOR GILMORE ADDED, "THAT WE INCLUDE HER GOALS FOR NEXT YEAR." SECONDED BY COMMISSIONER BROWN. DISCUSSION. DEPUTY MAYOR GILMORE THEN REMARKED, "WE ARE AFTER HER ACCOMPLISHMENTS FOR THE YEAR. WE ARE NOT AFTER HOW MANY TIMES SHE WAS LATE OR EARLY IN ARRIVAL OR HOW MANY NIGHTS SHE WORKED - I WANT TO KNOW WHAT SHE DID -NOT JUST HER, IT IS WHAT THE DEPARTMENT DID. THEY PRODUCED RECORDS, THEY SATISFIED STUFF, THEY PRODUCED MINUTES -ALL OF THAT." DEPUTY MAYOR GILMORE THEN SUGGESTED, "LET'S SAY TWO (2) PAGES." MAYOR BUSH ASKED, "ANDREA (LORENZO-LUACES), CAN YOU DO THIS ON ONE (1) PAGE?" COMMISSIONER McGINNIS ADDED, "NO MORE THAN FIVE (5)." CITY CLERK LORENZO-LUACES REMARKED, "I CAN DO THAT ON A COUPLE OF PAGES -BRIEF AND THEN IF YOU WANT FURTHER EXPLANATION, I CAN ELABORATE." MAYOR BUSH THEN SAID, "THAT WOULD BE FINE." COMMISSIONER McGINNIS ADDED, "THAT IS FINE." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEET[NG -AUGUST 25, 2008 PAGE 22 OF 3l COMMISSIONER MILLER NOTED, "I THOUGHT I UNDERSTOOD COMMISSIONER GILMORE TO KIND OF INDICATE THAT THE FUTURE WOULD BE NOT ONLY - IT WOULD BE -SHORT, MEDIUM, AND LONG TERM BECAUSE SOME OF THESE THINGS LIKE RECORDS..." COMMISSIONER McGINNIS ADDED, "...THEY ARE ON-GOING..." COMMISSIONER MILLER CONTINUED, "...IT IS GOING TO GO ON FOR FOUR (4) OR FIVE (5) YEARS OR LONGER AND CATCHING UP ON SOME OF THESE AREAS THAT SHE HAS BEEN TRYING TO CATCH UP ON." DEPUTY MAYOR GILMORE NOTED, "THAT IS A GOOD POINT." DEPUTY MAYOR GILMORE ADDED, "HER GOALS WOULD BE SHORT TERM, LONG TERM, MEDIUM TERM." MAYOR BUSH NOTED, "WE ONLY -BUDGET ONE (1) YEAR IN ADVANCE." COMMISSIONER KREBS THEN SUGGESTED, "WOULD THE COMMISSION ACCEPT THE FACT THAT - IF SHE JUST COPIED FROM THAT PREVIOUS - THAT THEY MET THOSE -ATTACHMENT, WHATEVER THAT SHE HAD PROVIDED US." Tape 3/Side B MAYOR BUSH ASKED CITY CLERK LORENZO-LUACES, "IS IT SOMETHING THAT YOU FEEL YOU CAN ACCOMPLISH, IN WHAT THE COMMISSION IS ASKING FOR?" CITY CLERK LORENZO-LUACES STATED, "I CAN DO THAT IN SAY TWO (2) TO THREE (3) PAGES, IS THAT OKAY?" COMMISSIONER KREBS REMARKED, "I DON'T NEED TO SEE THE TWO (2) TO THREE (3) PAGES, I JUST NEED YOU TO SAY THAT YOU ACCOMPLISHED THOSE GOALS -THOSE OBJECTIVES THAT YOU HAD GIVEN TO US." CITY CLERK LORENZO-LUACES ADDED, "AND I WILL BE GLAD TO BRING THAT BACK." DEPUTY MAYOR GILMORE NOTED, "WHAT I AM HUNTING FOR ARE - BULLET ITEMS, NOT A FULL EXPLANATION OF WHAT YOU DID. BULLETS." -.-~ s~`'®- ' '°~ MAYOR BUSH STATED, "NEXT MEETING." CITY CLERK LORENZO- LUACES COMMENTED, "I WILL GET IT DONE THEN." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 23 OF 31 VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mayor Bush called a Recess at 7:43 p. m. The Regular Meeting was called back to Order at 7: S1 p. m. ~.,~,,;as; Chief Daniel J. Kerr, Chief of Police, Police Department addressed the City Commission briefly on an Accreditation meeting for the Police Department and invited the City Commission. Mayor Bush asked that the City Clerk Lorenzo-Luaces post this meeting, and brief discussion followed regarding the Agenda for this meeting. Mayor Bush then suggested that Chief Kerr try to have Commissioner Brown and Commissioner Krebs accommodated tomorrow night as they have pre-arranged engagements. Chief Kerr stated, "Yes, I will." •• AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM "604" WAS NOW DISCUSSED INDIVIDUALLY AS NOTED ON PAGE 18. •• REGULAR AGENDA REGULAR 604. Office Of The City Manager Requesting The Commission To Review Information Regarding The City Manager's Annual Evaluation For Performance Year "11", November 1, 2006 Through October 31, 2007. Manager McLemore advised the City Commission, "We got into this thing of the Evaluation taking so much time and I explained to you when I first came here, we really didn't have a Finance Director that could develop an Annual Report, so, we got into the practice of waiting for the Audit to come out, so we'd know what our year-end results were and then I could write - a reasonable Performance analysis for you in the year. Those things have changed now." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 24 OF 31 Continuing, Manager McLemore stated, "So, we have a lot more capability today and we are able to generate an Annual Financial Report prior to the Audit process which means if you wanted to and you were comfortable with that we could get back on a schedule where in November, I could bring forward to you my Evaluation and have the year-end Staff Report available to me to make that Report on. Which is perfectly fine for me, works fine for me. I'd just as soon get it out of the way and have my Report to you - in November or early December rather than waiting until the Annual Audit comes out." Then, Manager McLemore remarked, "This does involve Performance issues and items from -Performance year `11', which is November 1, 2006 through October 31, 2007. To do this, of course I had to go back to the Reports and we had the Audit that was presented to you in May, which is later this year than at any time before. So, because of a number of issues which I explain here, I just did not take the time to stop other things that were absolutely important to the City and worry about this. Also, be aware that the numbers I gave you on the back in terms of average salary data is not this year's salary information, that was salary information from a year or so ago, - which reflects conditions back in a prior fiscal period, more in line with this Performance year. If you take these numbers I've given you and increase them by about three and a half percent (3.5%), it would be pretty well on top of what the salary data out there is today. In this review again, to keep us focused on what previous Commissions and my discussion with some of you have established is really those things that are important to us; again, I've listed these items and they are output-oriented or results-oriented and I have always tried to organize your resources around these outcomes." Manager McLemore then remarked, "The other thing that I wanted to focus you on for a specific reason and ask you to go back and read was in the area of Policy, Policy analysis, Policy development, which is the City Manager's probably first responsibility - to assist the Commission in making Policy, because that's what this form of government is -your role is to make Policy. Therefore, my function is to help you make not just Policy, but wise Policy, that means intelligent decision-making. Intelligent decision-making is driven by good data and good information, and by a good organization." Furthermore, Manager McLemore stated, "Second level down for a City Manager is Finance. Financial responsibility, financial accountability, financial reporting, is the next most important thing that management does. If it can be done any better than it's done and represented on this page, then you need to tell me how to do it, because I don't know any other City Manager in this country that knows how to do this any better and can show you better results than this. C[TY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 25 OF 31 We're known for excellence in all services that we provide; we spend less money that the other cities at least in Florida, as documented by the State Auditor General. We raise less money on average than other cities, but yet we have disproportionately high reserves, and how do you account for that other than management? You can't! You can't account for that, other than management. And that management cannot be successful without cooperation between the Elected Officials - and a strong management team. And we have a strong management team that is directed on the benchmarks that this Commission said they want to get; and we do it for less money than most other cities and do it better." Continuing, Manager McLemore remarked, "Now relating to the operating -~ accomplishments, these are basically the things we accomplished through the organization that relate again to the focus points or the outcomes which the Commission has set in prior years. And they're all listed for you in here, and you've probably seen them before. And then, down to the compensation issue -those numbers represent the ~ Seminole City average, the information, or the direction, or the Consensus that we reach with the City Commission when I came here, was the City Commission set out several ~,.~ cities that we're going to use every year. I don't have that information on these. It °'G always comes out about six to seven percent (6 - 7%) higher than the Seminole County -~ average. I will have it for you it at the next one, but this is the average of cities in ~'~"` Seminole County." Commissioner Krebs stated, "It looks like you've blended 2007 and 2008 on some of - like on financial performance, reduce Ad Valorem Millage to 24.3. Wasn't that just this year due to the Fire?" Manager McLemore, "Yes, it was in - we did that -the predominance of this was [20]'07, and then there was a lot of planning going on for the next year. So, I tried to go back and make that happen, because -we're taking a Performance year and we are meshing it over fiscal years, and it gets a little complicated." Furthermore, Commissioner Krebs commented, "And what I would like to see also, if you are going to do this - so, this would be during that time period as well? So, we're not talking fiscal year..." Manager McLemore stated, "...Right." Manager McLemore responded, "We would have ended the fiscal year and be in a different performance year, it's kind of complicated." Commissioner Krebs, "Okay, but then you don't - so if we're talking fiscal year, then we don't talk about SBA (State Board of Administration), which probably should have been something put in here. In this upcoming year, in the 2008 Performance Review, we talk about SBA (State Board of Administration)." Commissioner Krebs added, "Well, SBA (State Board of Administration) was done at the same time as the reduced Ad Valorem Millage rate. It was the same, it was in November." Manager McLemore stated, "SBA (State Board of Administration) was in 2008, was when we were dealing with SBA (State Board of Administration). CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 26 OF 31 Now, my Performance period -and when we're dealing with SBA (State Board of Administration) was interrelated, but it is not exactly the same thing. SBA (State Board of Administration) took place in the current year, as I understand it, and my current would be in my 2008 performance year." Commissioner Krebs said, "Okay, so then wouldn't the Ad Valorem, the reduction in the Ad Valorem - 24.3." Manager McLemore, "I will check it to make sure." Continuing, Commissioner Krebs commented, "And then the Scottish Highland Games were 2008 -wasn't this our first year that we had them?" Manager McLemore responded, "No." Commissioner Brown noted, "In the Town Center?" Commissioner Krebs added, "In the Town Center?" Manager McLemore noted, "Did I refer to the Town Center?" Commissioner Brown stated, "Yes, you did." Manager McLemore then said, "That's a mistake." Commissioner Krebs remarked, "And the completed expansion of the Senior Center - we did that the same time the SBA (State Board of Administration) thing; we just had that in like December of this past year; actually it was 2007, but it was December as well. It is just that it is blended, and I think because it is so late." Mayor Bush added, "One of the things the Manager has not included in here, I don't believe anyway, is that the Department Heads that he has hired are outstanding employees. They are professionals; they are educated in their field; they work well with citizens. I don't think we could have better Department Heads than what we have got - with Chief Kerr, Kip Lockcuff -Kevin (Smith). I mean really, and he hired every one of these people." Commissioner Krebs said, "You are right, but that wasn't in this fiscal year." Mayor Bush then said, "I know he didn't put it in there, I think that is a key thing for the Manager, because unless we have good Department Heads, I don't care what he does, it isn't going to work." Manager McLemore remarked, "If I could expand that, it's not just hiring them, it's directing them -keeping all people focused on what the priorities are and giving -continuous assistance during the year -some need more, some need less." Additionally, Commissioner Krebs commented, "But see, then that would be something that I would want to see, because - we can't keep going back to, well we hired the Chief, I mean how long ago, and thank God you did - I appreciate the Mayor recognizing that and we should always - whenever I see them walking around, I always think - we are really lucky to have all of these Department Heads that we have and -that is to your credit." Discussion. Manager McLemore then noted, "But, I agree, I didn't try to bring individual selections up as a point in here, only that we are getting there because we have a great team of people." Mayor Bush added, "I guess my point is that every one of them could find another job. If they didn't like the leadership that Ron (McLemore) was providing, they would be gone." o- Q CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 27 OF 31 Further, Mayor Bush commented, "They are extremely well-qualified people, and they are hanging in there, putting up with us - to me that's a key measure, if you want to say a metric, it is a key metric - we are keeping our good people and it has to be because of the Manager. Because he is their boss and he works with them on a day-to-day basis. So, I just wanted to put that in." Further discussion. Deputy Mayor Gilmore remarked, "We have attempted to define what you did in a year, or last year -this year, and I think we all have to recognize that what Ron (McLemore) accomplished. Let us say -what was completed this year may have started three (3) and four (4) years ago." °'~~ Tape 4/Side A Manager McLemore noted, "I don't have any problem with going back and trying to put this performance year back on that fiscal year and reviewing that again, and if it needs some work, that's not a problem." r;'i ,,~,,,, "I PROPOSE A TWO POINT FIVE PERCENT (2.5%) RAISE FOR THIS PERIOD." MOTION BY COMMISSIONER McGINNIS. MOTION DIED FOR LACK OF A SECOND. "I WOULD PROPOSE A FOUR PERCENT (4%) ON HIS TAXABLE INCOME FOR THE YEAR 2006-2007." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION FOLLOWED ON TAXABLE INCOME. MANAGER McLEMORE NOTED, "IT'S NOT ON TOTAL COMPENSATION. IT'S ON THAT INCOME THAT'S TAXED -YOU DID THAT LAST TIME, WHICH IS THE BASE SALARY." COMMISSIONER MILLER ADDED, "SO, LEAVE IT FOUR PERCENT (4%) ON HIS TAXABLE INCOME." WITH FURTHER COMMENTS, COMMISSIONER MILLER CLARIFIED THE MOTION AND STATED, "SO, IT WOULD BE BASE SALARY PLUS HIS AUTO ALLOWANCE." COMMISSIONER MILLER ADDED, "BASE SALARY PLUS HIS CAR ALLOWANCE." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 28 OF 31 VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: NAY COMMISSIONER KREBS: NAY MOTION CARRIED. In other City business, Mayor Bush commented that he had spoken with representatives of Seminole County and stated, "The Scottish Highland Games people have not filled out their application for Tourist Development money and this is a continuing problem they have and they can't get the money unless they fill the application out. I would like the Commission to consider asking -through the Manager, through Chuck (Pula) that we assist the Scottish Highland Games people, complete the paperwork to get it in on time and also do the follow-up on the reporting because they have had problems with the '"m"1 reporting after the event." Mayor Bush then asked, "Is this something that the Commission would want to get our City involved in helping them do this?" Discussion. ~-~ "I WILL MAKE THAT A MOTION." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. '°"~ ~' MAYOR BUSH NOTED THAT THE MOTION WAS "THE CITY WILL ASSESS THE SCOTTISH HIGHLAND GAMES COMMITTEE IN GETTING THEIR PAPERWORK IN FOR THEIR TOURIST DEVELOPMENT MONEY AND ALSO TO ASSIST THEM IN COMPLETING THE REPORTS AT THE END OF THE EVENT. " VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. Discussion followed on the City's Newsletter and having the City Commission review it prior to it being printed. Manager McLemore suggested, "If I could send it out to you and you call me right back as soon as you had a chance to read it -let's say I give you a day or so..." Commissioner Krebs noted, "...That's fine..." Manager McLemore continued, "...And if anything really bothers you, call me back, and that's the best we can do." Commissioner McGinnis remarked, "I do not approve of any kind of editing from the Commission." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 29 OF 31 Commissioner Brown said, "Let's make sure it's readable. I think we all got the message that the content needs to be relevant, and we need to be out of the editorial business as much as possible, but it has got to be understandable, otherwise we are wasting time sending it out. And there are a lot of questions out there that we have to be very specific at the proper level." Mayor Bush noted, "What if, you know we're up against a deadline here, and I think what Commissioner Brown is suggesting - as well, Commissioner Krebs has a good idea - we almost need an editorial review board in a way, but they have to be put together in advance. You can't do it this time, just can't do it." Mayor Bush suggested that City Clerk Lorenzo-Luaces send out an electronic document. Manager McLemore noted, "What if, we can get it completed tomorrow. I send it to you the next day, and give you one (1) day just to comment on it." Commissioner Krebs remarked, "But comments don't mean you have to change it. I don't intend on commenting on it. It is more for content, unless somebody is really coming out and saying something - a message that I never knew of or approved, that's all. My intent is not to micro-manage." With further discussion, Manager McLemore said, "Well, again, I'll try to get you the copy and give you one (1) day to respond." Commissioner Miller recommended, "When it goes to the printer, we should have the final document." Mayor Bush added, "I think for future ones, I still like the idea -the Editorial Review Board." Mayor Bush added, "Let us think about that and let the Manager come back with some kind of recommendation for the future." Lastly, Manager McLemore remarked, "Commissioner Brown had asked for us to come back with this explanation of the tax issue and this is going to be in there -why are my taxes going up?" Mr. Smith reviewed tax information that was distributed to the City Commission. Mr. Smith addressed the City Commission. Commissioner Miller commented, "I definitely think that Fire Assessment reserve line - either needs to say `Paid out of City reserves' or there needs to be an asterisk which says - `This is a portion of your taxes that you did not have to pay in 2008 because it was provided out of the City's reserves." Commissioner Krebs said, "That is a good point." Furthermore, Commissioner Miller stated, "Well, they didn't pay it Ron (McLemore). I made this comment a couple of months ago, that they actually got a tax break..." Commissioner Krebs said, "...They need to know that, yes." Commissioner Miller continued. "...In 2008. They didn't have to pay -like me. I didn't have to pay a hundred and forty-five dollars ($145.00) this year because the City took it out of reserves and gave it to me as a gift -one (1) time." ®"~ '`.~,~ ~, CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 30 OF 31 Mr. Smith noted, "A lot of people think, that when it says `Fire', that means `Fire Fee' right there, so, we've been getting a lot of calls about that." Mayor Bush, "That `Fire' should be MSTU (Municipal Service Taxing Unit)." Deputy Mayor Gilmore commented, "I believe that you must explain that to the people." Mayor Bush remarked, "You are not going to be able to do it on a piece of paper." Mayor Bush added, "I think some of the terminology could be, like Commissioner Miller is suggesting and so forth." With further comments, Commissioner Krebs noted, "You have Fire Assessment levied, in fact, Fire Assessment levied, was for me, two hundred and thirty-two dollars ($232.00). But, out of that, the City's one (1) time gift was fifty percent (50%) -and my contribution was fifty percent (50%). Those two (2) lines, I mean if you really want to look at it, those two (2) lines, the Fire Assessment levied, if you are going to use that term..." Mr. Smith remarked, "...Maybe I should have said `Charged'." Commissioner Krebs suggested, "Maybe you should amend that and put `Total levied' and put the amount. I don't know if you can do that and explain it well." Further discussion. Commissioner Miller commented, "You know another thing that might be interesting to do would be to put a percentage on the end of this column right here, because that is another thing - I think people call us, and they are really in an adversarial mood; and if you put that last column down there in a percentage, you can say, `Did you look how much you are paying the School District; look how much you are paying to the County'?" Furthermore, Commissioner Miller stated, "I think if you put the percentages, Kevin (Smith), that would really help; because in the end, you could put a comment on the bottom of this that says `Mayor Bush', if you want to put his name down there, `Twenty- five percent (25%) of his tax paid this year is coming to the City; the rest is going to the County, the School District'. Well, in any case, then put Citizen `x' (which is random), only `Twenty-five percent (25%) of his taxes is paid to the City. The rest is being paid to the School Board, to the County, and to other organizations'. It kind of puts it in context." Mayor Bush, "It might be something to put in the Newsletter -what your City taxes are, what percent." r°° ~~ ~' ~..~;~~ Deputy Mayor Gilmore then asked Manager McLemore about the columns at Glen Eagle. Manager McLemore recommended, "That's the Homeowner's Association at work." Mayor Bush added, "Give them the name of the Homeowner's Association." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 31 OF 31 ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:53 p.m. RESPECTFULLY SUBMITTED: LaDONNA SLAYTER, ASSISTANT TO THE CITY CLERK AND ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: MAYOR JOHN F. BUSH ~"'`u „~~, A~~ `~-sarctn~;r ~~''' ..:~;~ ~^~K~r,~,:,~ .~;;,... NOTE: These Minutes were approved at the , 2008 Regular City Commission Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING AUGUST 25, 2008 CALL TO ORDER The Regular Meeting of Monday, August 25, 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, present Commissioner Rick Brown, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 5:19 p.m. The Pledge of Allegiance followed a moment of silence. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Proiects. No discussion. INFORMATIONAL 101. Community Development Department Wishes To Inform The City Commission Regarding Results Of A Flagpole Survey Recently Sent Out By The Tuscawilla Home Owners Association (THOA) To Determine Support For Installation Of One Or Two Flagpoles At The Main Entrance To The Tuscawilla Subdivision. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 2 OF 31 "MOTION TO APPROVE [INFORMATIONAL AGENDA]." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Community Development Department Requesting Authorization To Enter Into A Contract Agreement With Central Florida Landscaping And Maintenance, Inc. For Landscaping To Be Installed Pursuant To A Florida Department Of Transportation (FDOT) State Road 434 Highway Beautification Grant In The Amount Of $142,000.00. There was no discussion on this Agenda Item. CONSENT 201. Community Development Department Requesting Authorization To Set The City Standard Streetlight Rate At $12.75 Per Month Pursuant To A Revised Rate Schedule Provided By Progress Energy Effective On August 1, 2008. The Revised Rate Represents An Increase Of $ .11 From The Previous Rate Of $12.64, Which Became Effective On January 1, 2008. No discussion. CONSENT 202. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Concession Stands Operation Agreement With Winter Springs Youth Sports (Babe Ruth) To Operate The Central Winds Park Concession Stands. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 3 OF 3l CONSENT 203. Office Of The Mayor Asking The City Commission To Review And Consider Approving The Attached Resolution 2008-43 Related To Keep Seminole Beautiful And Feral Cats. There was no discussion on this Agenda Item. CONSENT 204. Office Of The City Clerk Approval Of The August 4, 2008 City Commission Special Meeting Minutes. No discussion. CONSENT 205. Office Of The City Clerk Approval Of The August 11, 2008 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. CONSENT 206. Office Of The City Clerk Approval Of The August 13, 2008 City Commission Workshop Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE [CONSENT AGENDA]." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 4 OF 31 :•• AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS WERE NOT NECESSARILY DISCUSSED IN THE ORDER DOCUMENTED NEXT. PLEASE NOTE THAT AWARDS AND PRESENTATIONS "300" WAS ALSO DISCUSSED ON PAGE 9. • • AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Oviedo-Winter Springs Regional Chamber Of Commerce Incoming President Of The Oviedo-Winter Springs Regional Chamber Of Commerce Paul P. Partyka Wishes To Address The Mayor And City Commission About City Special Events. This Agenda Item was discussed later in this Meeting. AWARDS AND PRESENTATIONS 301. Office Of The Mayor Issuing A Proclamation In Accordance With Section 2-82. Of The City's Code Of Ordinances Calling The Municipal Election Of 2008. Mayor Bush read into the Record, a Proclamation proclaiming the 2008 City of Winter Springs Municipal Election. City Attorney Anthony A. Garganese arrived at 5:19 p. m. • • AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED IN THE ORDER DOCUMENTED. • • REPORTS REPORTS 401. Office Of The City Manager -Ronald W. McLemore City Manager Ronald W. McLemore commented on a document related to Tropical Storm Fay. Commissioner Sally McGinnis said, "It was a good report." Manager McLemore added, "I didn't bring you the Agenda Item tonight because we are not quite prepared - we still need to do a little more evaluation on what our losses are." Manager McLemore then noted, "We will come back with an Agenda Item at your next Meeting." Manager McLemore was asked if losses were covered by Insurance and explained, "We will be filing for FEMA (Federal Emergency Management Agency) money if it becomes available." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 5 OF 31 Commissioner Robert S. Miller inquired if Seminole County or Winter Springs was included in emergency legislation being discussed in Tallahassee? Manager McLemore commented, "We don't know that yet, but we will begin to start getting that information down probably within the next couple of weeks." Discussion followed on issues with Hacienda Village and Moss Road. Mayor Bush suggested, "Maybe after we do Public Input, we could take this up again." Manager McLemore stated, "Sure." Commissioner Joanne M. Krebs suggested that an alternative route be provided for the residents of the Winding Hollow subdivision. Mayor Bush recommended further, "Right after Public Input, let us take this up again." No objections were noted. REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, CMC No Report. REPORTS 400. Office Of The City Attorney -Anthony A. Garganese, Esquire Attorney Garganese mentioned a newly filed Lawsuit by Anderson's Coach (Work, Inc.) and that the City Commission could get a copy of the complaint from the City Clerk. Next, Attorney Garganese commented on the Jesup's Reserve Maintenance Bond issue and remarked, "City Engineering believes there is approximately -forty-five to sixty thousand dollars ($45,000.00 - $60,000.00) worth of maintenance punchlist items that the Surety should be responsible for and we have gone back for months -back and forth, Brian (Fields) with his counterpart, myself with my counterpart, the Attorney representing the Maintenance Bond Surety company to no avail." Continuing, Attorney Garganese noted, "To get this thing - in play and get it finally resolved, my recommendation at this juncture would be to file a Complaint in Circuit Court against the Surety and not only seek compensation under the Bond for the punchlist items, but there is an argument for Attorney's Fees and Costs if we have to enforce the provisions of the Maintenance Bond." Note: Due to technical difficulties, the next audiotape ivas used. Tape 2/Side A CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 6 OF 31 "MOTION TO FILE A COMPLAINT IN CIRCUIT COURT AGAINST THE SURETY FOR THE VARIOUS REASONS THAT THE ATTORNEY JUST STATED." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REPORTS 403. Office Of The Mayor -John F. Bush Mayor Bush spoke of an offer from "Anytime Fitness" in the Villagio shopping center. Manager McLemore mentioned, "The Policy of the City in the past is we do not allow that kind of advertising within the City." Manager McLemore added, "This gets us back in that First Amendment issue all over again about what can be distributed." Mayor Bush then mentioned information on electronic bollards that he received at the recent Florida League of Cities Annual Conference and which he gave to the City Manager. Mayor Bush suggested that if the City Manager was interested he could bring this back to the City Commission. Next, Mayor Bush then spoke about biodegradable pens and noted, "We will ask the Clerk to send this around and maybe later, we can make a decision on it." Lastly, Mayor Bush commented on a Citizen Lobbyist service who assists with Grants and has a database. Mayor Bush mentioned that he had provided the information to Manager McLemore to consider. REPORTS 404. Commission Seat One -Robert S. Miller Commissioner Miller reminded everyone about Voting tomorrow. CITY OF WINTER SPRINGS, FLORIDA MINUTES C[TY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 7 OF 31 REPORTS 405. Commission Seat Two -Rick Brown Commissioner Rick Brown commented for the Record on his recent Ethics Complaint and stated, "Tonight, I would like to submit to the City Clerk for public record, a copy of the WFTV (Channel 9) news article." Commissioner Brown added, "Anthony (Garganese), you will have to make a determination on what copyright laws exist for Channel 9 as to whether the public is allowed to have copies of that from us or if they need to go through Channel 9." REPORTS 406. Commission Seat Three/Deputy Mayor -Donald A. Gilmore No Report. REPORTS 407. Commission Seat Four -Sally McGinnis No Report. REPORTS 408. Commission Seat Five -Joanne M. Krebs Commissioner Krebs mentioned about comments she had received from a Winding Hollow resident. Next, Commissioner Krebs commented on the Ethics charge and serving as Elected Officials. Commissioner Krebs commented on the Organizational Chart and stated that the City Clerk "Should be right under the Mayor and the City Commission, with the Advisory Boards, the City Manager, City Attorney - I think it should also be City Clerk. So, if that is agreed, could that be corrected for the Final Budget?" Discussion followed on dotted and solid lines. Commissioner Krebs added, "I know she works -for us and I just thought that since she is a Charter member like the rest, that is where it belonged." Commissioner Krebs added, "If that is not correct, then I guess the Commission should decide where they want it. I just thought it was a mistake. Mayor Bush said, "Can you fix that and bring it back to the City Commission?" Manager McLemore stated, "Okay, I can give you two (2) examples." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 8 OF 31 Next, Commissioner Krebs commented, "I would like some consideration given to review Benefit Plans and -goals of this Commission, what they would like to see as well. So, I think that if we could work that into some kind of Workshop going forward." Commissioner Krebs added, "I am not saying tomorrow, I am just saying some time in the near future." Commissioner Krebs suggested, "Goals that we would like to see happen in the next year -what we as a Commission would like to plan for next year." Continuing, Commissioner Krebs suggested, "You might just want to start with a skeleton to work off of - not a methodology." Commissioner Brown suggested, "To me it seems like rather a simple goal setting process that we leverage against our current Budget." Mayor Bush suggested a Workshop date of "[Monday] September 15``", [2008]?" Commissioner Brown stated, "Works for me." Commissioner Krebs remarked, "Okay." Mayor Bush then asked, "5:30 [p.m.] on the 15`h? Everybody in agreement?" Commissioner Krebs commented, "Okay." Commissioner McGinnis stated, "Yes." Mayor Bush said to City Clerk Andrea Lorenzo-Luaces, "Get that on the Calendar." Mayor Bush further asked the City Commission, "What about taking Public Input during that time as well?" Commissioner Brown noted, "Sure." Commissioner Krebs stated, "Why not? Good idea." Mayor Bush summarized, "It is a Workshop, but we will have Public Input." Commissioner Krebs asked, "Are there any feelings on discussion or looking at other benefit plans that are out there and cost savings, and things like that?" Commissioner Krebs suggested, "Maybe we can talk about it and then set another Workshop date, why don't we do that." Mayor Bush noted, "I think that would be a good idea." Commissioner Krebs stated, "Okay." Mayor Bush added, "Make sure you bring it up." •• AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS AGENDA ITEM WAS DISCUSSED AGAIN, AS PREVIOUSLY NOTED ON PAGE 4 OF THESE MINUTES, FOLLOWED BY THE REST OF THE AGENDA. • • CITY OF WINTER SPRINGS, FLORIDA MINUTES C[TY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE90F31 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Oviedo-Winter Springs Regional Chamber Of Commerce Incoming President Of The Oviedo-Winter Springs Regional Chamber Of Commerce Paul P. Partyka Wishes To Address The Mayor And City Commission About City Special Events. Mr. Paul Partyka, 292 Solaris Wharf Street, Winter Springs, Florida: commented on recent WLOQ events and also introduced the current Oviedo-Winter Springs Regional Chamber Of Commerce President Charles Lacey. Commissioner Brown noted, "Just for the Record, I am a party to this presentation." Mr. Partyka commented on special events; contracts; presented three (3) checks to the City so that the City would not lose any credibility; and the City Commission supporting events. Much discussion ensued on previous actions; contracts; and what would be fair. Mayor Bush said, "I would like to hold up on cashing these checks until the Chamber [of Commerce] has a chance to meet with the Manager -and bring back a recommendation. Is that okay with you?" Mr. Partyka remarked, "We'll go along with whatever the City decides." Mayor Bush then asked, "Commissioners, are you okay with that." Commissioner Krebs stated, "Yes." Commissioner McGinnis commented, "Yes." Commissioner Miller remarked, "Yes." No objections were voiced. Mayor Bush added, "We will not cash these." Furthermore, Mayor Bush noted, "I will give these checks to the Clerk and she can hold them until we decide what to do with it." Next, Mayor Bush stated, "Let us do the Winding Hollow issue now." • • AGENDA NOTE: THE FOLLOWING PUBLIC INPUT WAS DISCUSSED NEXT, AND LATER IN THE MEETING, AS NOTED ON PAGE 12 OF THESE MINUTES. • • PUBLIC INPUT Mr. Tom High, =100 Timberglen Court, Winter Springs, Florida: spoke of problems in Winding Hollow related to recent flooding and emergency entrances/exits; and suggested that the road be widened. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 10 OF 31 Mr. Mark Johnson, 1056 Winding Waters Circle, Winter Springs, Florida: as the President of the Winding Hollow Homeowner's Association, Mr. Johnson, thanked the Police Department for their assistance with the recent flooding, and also suggested that the entryway be widened. Tape 2/Side B Commissioner Krebs mentioned a resident who had some complaints. Next, Commissioner Miller spoke for the Record about when Winding Hollow was built and the houses that were built which faced the creek. Discussion followed on possible solutions, to which Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Department said, "I think Alton (Road) is a much bigger deal than the Oak Hollow park one. I don't need to do any design work for Oak Hollow park." Manager McLemore noted, "I just don't think that the one is the solution - it doesn't give you the security I think you really deserve. We need to look at both." Mayor Bush remarked about the City Manager's Memorandum and noted that it "Outlines three (3) curative options -one was the Trotwood, two (2) was the Alton (Road) and three (3) was the widening of the eight foot (8') sidewalks -and then the long term which would be the engineering - we talked about." "I WOULD LIKE TO MAKE A MOTION TO -HAVE THE CITY MANAGER DIRECT STAFF TO ENGINEER AN EMERGENCY ESCAPE ROUTE OR TWO (2) -FOR WINDING HOLLOW -AND TO ACT ON THAT IMMEDIATELY." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. COMMISSIONER MILLER ADDED, "I WOULD LIKE THE CITY MANAGER TO COMMENT WHEN HE BRINGS HIS INFORMATION BACK ON THE REAL USE OF THAT SECOND ONE THAT WE ARE TALKING ABOUT; BECAUSE FOR ABOUT TWO (2) DAYS THE ENTRANCE TO -WINDING HOLLOW WAS IMPASSABLE; AND DURING THOSE TWO (2) DAYS, THAT SECOND EXIT WE ARE TALKING ABOUT WAS ALSO IMPASSABLE BECAUSE THOSE TWO (2) STORM DRAINS THEY HAVE THERE, THE WATER IS RUNNING RIGHT OVER THE TOP OF THEM AND IN SEVERAL PLACES AS A MATTER OF FACT - IT IS RUNNING OVER THE ROADWAY ON ALTON ROAD TOO, ABOUT A FOOT DEEP, FOR ALMOST FOUR (4) OR FIVE (5) HOURS." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 11 OF 31 MANAGER McLEMORE EXPLAINED, "IT IS AN ENGINEERING ISSUE AND WE WILL ADDRESS THAT. KEEP IN MIND, FLOODING IS ONLY ONE WAY THAT THESE PEOPLE CAN BE PUT IN THIS POSITION..." COMMISSIONER KREBS ADDED, "...RIGHT. THIS IS A CURE FOR OTHER THINGS BESIDES." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mr. Laurent Pellerin, 116 South Moss Road, Winter Springs, Florida: commented on working with Developers on the building near the GreeneWay; and wanted to see Budget cuts made. • • AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM "500" WAS DISCUSSED NEXT, AND WAS ALSO DISCUSSED AGAIN, AS NOTED ON PAGE 13. • • PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing For 2"d Reading And Adoption Of Ordinance 2008-13, Which Amends The Height Of Walls Allowed Within The I-1 Light Industrial Zoning District. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Hugh Harling, Harling, Locklin & Associates, 850 Courtland Street, Orlando, Florida: addressed the City Commission and stated, "The only issue I have is that the actual Zoning that we went to was a Commercial Restricted Zoning and should this reflect that in the Ordinance?" Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department stated, "I believe the agreement on the C-2 Zoning covers the wall itself in that Zoning District, this is for the I-1 Zoning." Attorney Garganese added, "This Ordinance only addresses the I-1 Zoning District." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 12 OF 31 Ms. Eloise Sahlstrom ASLA, AICP, Senior Planner, Community Development Department added, "This revision to the I-1 Zoning District affects any properties that are currently zoned I-1 which these are highlighted." Mayor Bush said to Mr. Harting, "Does that answer your concerns?" Mr. Harting responded, "Yes Sir, it does." Mayor Bush noted, "Let the Record reflect that it did answer -his concerns." The "Public Input" portion of the Agenda Item was closed. "MOVE FOR APPROVAL." MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Deputy Mayor Donald A. Gilmore stated, "I think that this does still affect Bart Phillips' property on the side where the school is. So - he does have an interest in this one." Ms. Sahlstrom remarked, "It would allow him to build this ten foot (10') wall along that perimeter there." Deputy Mayor Gilmore added, "That is correct." •• AGENDA NOTE: THE FOLLOWING PUBLIC INPUT WAS DISCUSSED AGAIN, AS PREVIOUSLY NOTED ON PAGES 9-11 OF THESE MINUTES. •S •S PUBLIC INPUT Mr. Irma Panzella, 311 Twelve Oaks Drive, Winter Springs, Florida: Mayor Bush stated that Ms. Panzella was not here but commented on possible solutions for the Winding Hollow subdivision. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 13 OF 31 :••3 AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM "500" WAS AGAIN DISCUSSED, AS PREVIOUSLY NOTED ON PAGES 11-12 OF THESE MINUTES. THE REST OF THE AGENDA FOLLOWS. •• PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing For 2°d Reading And Adoption Of Ordinance 2008-13, Which Amends The Height Of Walls Allowed Within The I-1 Light Industrial Zoning District. Further on this Agenda Item, Attorney Garganese noted, "The comment was made regarding the frontage property along (State Road) 419 -just to clarify -when the City Commission adopted the changes to the -Zoning District to allow outdoor storage, one of the requirements is that they have awall - C-2 to have a wall ten foot (10') high to act as a visual screen. So, the answer to the gentleman's question is yes, it's already addressed in the previous Ordinance that you adopted for the C-2 property. This Ordinance would allow the ten foot (10') wall along the School District property." PUBLIC HEARINGS 501. Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing To Consider Adoption Of Resolution 2008-36 Which Designates An Area Of The City As The "Town Center Seminole Economic Enhancement District (SEED)Brownfield Area". Ms. Sahlstrom introduced this Agenda Item. 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. With discussion, Ms. Sahlstrom remarked, "What our understanding was is that this map can be Amended at any time, so, if this land was to be Annexed in, then we could go through the process and update the map." "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 14 OF 3 I MS. SAHLSTROM NOTED, "NOT THIS ENTIRE AREA, BUT PLANTE PROPERTY WAS DESIGNATED A - AREA ALREADY UNDER THE SEMINOLE COUNTY PROCESS." DEPUTY MAYOR GILMORE ASKED, "WAS THAT A S.E.E.D. (SEMINOLE ECONOMIC ENHANCEMENT DISTRICT) OR A BROWNFIELD?" MS. SAHLSTROM NOTED, "IT WAS A BROWNFIELD." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing To Consider Adoption Of Resolution 2008-37 Which Designates An Area Of The City As The "Village Walk Seminole Economic Enhancement District (SEED)Brownfield Area". 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 APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MR. STEVENSON REMARKED, "ON THE VILLAGE WALK, JUST SO WE'RE CLEAR ON THIS -THERE WAS A QUESTION THAT CAME UP IN ONE OF THE PUBLIC HEARINGS RELATIVE TO -LOW-INCOME HOUSING. IF THE AREAS OF THESE S.E.E.D. (SEMINOLE ECONOMIC ENHANCEMENT DISTRICT) AREAS THAT ARE COMMERCIAL, NO ONE CAN FORCE YOU TO PUT ANY HOUSING ON THEM. IF YOU HAVE SOME AREAS THAT ARE DESIGNATED RESIDENTIAL AND WE DO IN FACT, IN THE VILLAGE WALK, YOU HAVE TO WORK WITH THEM ON LOW-INCOME HOUSING IN THAT AREA, IN TERMS OF AN UPGRADE." MR. STEVENSON ADDED, "THEY STILL HAVE TO CONFORM TO OUR REGULATIONS." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE I S OF 31 Mr. John Metsopoulos, US 17-92 CRA Program Manager, Seminole County, 1055 AAA Drive, Suite 1.1~, Heathrow, Florida: addressed the City Commission and stated, "If it is zoned Commercial, they cannot require you to build housing in a Commercially Zoned area." MAYOR BUSH ASKED, "DID YOU GET THAT INFORMATION BACK TO THAT CITIZEN RANDY (STEVENSON) THAT ASKED THAT QUESTION?" MR. STEVENSON RESPONDED, "I HAVE NOT YET, BUT I WILL GET IT BACK TOMORROW MORNING TO HIM." FURTHER DISCUSSION. COMMISSIONER McGINNIS SPOKE FOR THE RECORD ON FINANCIAL DISTINCTIONS RELATED TO HOUSING AND WORKFORCE HOUSING. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Communit,~ Development Department -Planning Division Requests That The City Commission Hold A Public Hearing To Consider Adoption Of Resolution 2008-38 Which Designates An Area Of The City As The "GreeneWay Interchange Seminole Economic Enhancement District (SEED)/Brownfield Area". Brief discussion. 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 APPROVE. MOTION. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 16 OF 31 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Commissioner Miller left the Commission Chambers at 6.•48 p. m. REGULAR AGENDA REGULAR 600. Office Of The City Manager Requesting The Commission To Review A Draft Policy Regarding Charitable Donations And To Provide Any Direction It Deems Appropriate. Brief discussion. Commissioner Miller returned to the dais at 6: SO p. m. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. ATTORNEY GARGANESE NOTED, "I DON'T BELIEVE IT'S THE INTENT TO ADDRESS SPONSORSHIPS - THIS IS DIRECT CHARITABLE CONTRIBUTIONS." MANAGER McLEMORE ADDED, "THAT WAS GOING TO BE ANOTHER RESOLUTION." DISCUSSION. Tape 3/Side A FURTHER DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 17 OF 31 REGULAR 601. Community Development Department Requests That The Commission Approve The Tali's Crossing Final Subdivision Plat And Authorize Its Recordation, Subject To The City Attorney's Review And Comments. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item Discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. REGULAR 602. Parks And Recreation Department Requesting That The City Commission Consider Approval And Give Staff Direction Regarding A Winter Springs Hometown Harvest Special Event. Mr. Chuck Pula, Director, Parks and Recreation Department spoke on this Agenda Item. Discussion. Commissioner Krebs asked, "Who do we have working on our Sponsors -have we sent out an RFP (Request for Proposal) for anybody to get involved?" Manager McLemore noted, "We're preparing it now and hopefully we can get it out of here within a week or so." Discussion. "I WOULD LIKE TO MAKE A MOTION THAT STAFF GO BACK AND FIND A WAY TO PAY FOR THIS THROUGH SPONSORSHIPS AND ADVERTISING TO MAKE THIS EVENT HAPPEN. WE HAVE SIXTY (60) DAYS. CITY OF W[NTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 18 OF 31 WE HAVE PEOPLE IN THE COMMUNITY THAT KNOW HOW TO DO THIS OR HAVE BEEN SUCCESSFUL IN GETTING SHORT-TERM PROJECTS OFF THE GROUND SUCCESSFULLY. THEY EXIST THROUGHOUT SEMINOLE COUNTY -LET US GO MAKE IT HAPPEN." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION COMMISSIONER KREBS ADDED, "COMMISSIONER BROWN, WOULD THAT INCLUDE ANY KIND OF CREATIVE WAY TO HAVE HELP IF THEY SO NEED IT, BUT AT NO COST TO THE CITY?" COMMISSIONER BROWN STATED, "WHY NOT." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. •• AGENDA NOTE: THE FOLLOWING TWO (2) REGULAR AGENDA ITEMS "603" AND "604" WERE DISCUSSED SIMULTANEOUSLY AS NOTED NEXT, AND THEN INDIVIDUALLY. ••3 REGULAR AGENDA REGULAR 603. Office Of The City Clerk Requests The City Commission's Direction Regarding The Upcoming Performance Review For The City Clerk For Fiscal Year 2007-2008, As Requested By The City Commission At A Previous Meeting. REGULAR 604. Office Of The City Manager Requesting The Commission To Review Information Regarding The City Manager's Annual Evaluation For Performance Year "11", November 1, 2006 Through October 31, 2007. Discussion. Commissioner McGinnis suggested that the City Clerk did not need to provide information going back to 2001. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 19 OF 3l Further discussion followed on whether there was an Evaluation process for employees of the City Commission. Commissioner Brown inquired, "Is there a formal process - a formal document that we use for this purpose?" Commissioner Brown added, "I wonder if there shouldn't be and maybe this is yet another Workshop, but maybe I think we need to enter into a more formalized process for individuals who are direct employees of the Commission." Discussion continued on other cities. Manager McLemore stated, "Prior to two (2) years ago, I sat down with the Commission individually, each year and said "What are your goals for the upcoming year so I can put them into my report and goals for the year. The Commission basically lost interest in that process. So, what I have done is gone back to the benchmarks that the Commission has set which really is the appropriate way, in my opinion." Commissioner Brown asked Manager McLemore, "So, when are those annual goals set, or in this case, when were those goals created for you?" Manager McLemore stated, "I sat down with the Commissioners one on one every year and I created a list. I compiled that list and brought it back to the Commission and said this is the list we're working from and there was agreement with that list, and then we would move forward." Commissioner Brown then inquired, "So, in the past two (2) years?" Manager McLemore noted, "No, not in the last two (2) years." Commissioner Brown then said, "I think as long as the Commission is directly responsible for the City Clerk and the City Manager, the process needs to be the same; and in this case, if we are not taking the time to do a formalized review and a formal goal setting expectation, both of these individuals are really working in the dark as to what our annual objectives and anticipated results are for them." Further discussion followed on suggested metrics; and evaluation forms. Deputy Mayor Gilmore suggested, "What I would like personally to see her (Andrea Lorenzo-Luaces, City Clerk) do is come back with a list of what she did during the year, her accomplishments. Secondly -let's say, a list of the pay of other City Clerks in our area and somewhat of a comparison, and I would like to see her bring that back at the next Meeting, so that we can act on this." Commissioner Krebs then stated, "I really think it is important to be able to look at how you are going to evaluate somebody by saying, `Okay, here are what our objectives are' and usually you set them as a group and then yes, here is how they were met -maybe we didn't set something; well why didn't we meet it? Maybe there is help that somebody needs." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 20 OF 31 Continuing, Commissioner Krebs stated, "I personally think that we should have some formal kind of -and to Anthony's (Garganese) point, maybe there is something you could give us that we can look at Anthony (Garganese)'s -that there should be a structure that we follow. This isn't structured." Furthermore, Commissioner Krebs noted, "Andrea (Lorenzo-Luaces) has done that before, as a matter of fact if I am not mistaken. You have given us what basically you set out to do for the year; what you accomplished during that period of time; what you still have left." Discussion ensued on what the City Clerk has given the City Commission in past years. Commissioner McGinnis noted, "I think when you analyze everything Andrea (Lorenzo- Luaces) does, you will realize that it really doesn't make sense to me that she is only accountable to the Commission and not the City Manager as in most cities." Commissioner McGinnis added - "Because it is City business. It is just not confined to the City Commission and I think we need to look at that at some point; but -Andrea (Lorenzo-Luaces) has given us what was wanted in the past. I would suggest to you, not a timeline as in the past but a job synopsis." Commissioner Miller commented on the process and noted that "My experience now has been that you sit down at the beginning of the year. She tells you what she is going to do and we know by the end of the year, whether or not most of those things have happened." Furthermore, Commissioner Miller added, "I think what we got last year was adequate. I -didn't care for the first one because it was too long and basically month in, month out I sit here and I watch what is going on and you see the stuff going on and you hear people that work on City Boards who will tell you `Yes, the Minutes are produced on time; we are happy with her performance.' I just don't see the purpose of getting into an exhaustive analysis document four (4) or five (5) pages long." Discussion. •• AGENDA NOTE: TIIE FOLLOWING REGULAR AGENDA ITEM "603" WAS NOW DISCUSSED INDIVIDUALLY AS NOTED ON PAGE 18. •• REGULAR AGENllA REGULAR 603. Office Of The City Clerk Requests The City Commission's Direction Regarding The Upcoming Performance Review For The City Clerk For Fiscal Year 2007-2008, As Requested By The City Commission At A Previous Meeting. Commissioner Krebs remarked, "I agree with the one (1) page; I am fine with it." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 21 OF 31 Additionally, Commissioner Krebs then commented on Goals and said, "Could you bring that back?" Commissioner Krebs added, "What I would like on that one (1) page is just the thing that you have been able -out of your Goals to do, because -that is moving forward. That is a good thing. I would like to see that." Continuing, Commissioner Krebs stated, "She had objectives, so that the objectives would be on that one (1) page; and then she also had Goals and she would pull out the ones that she was able to meet on that one (1) page -and going forward, she would also have continuing - we have yet to see what she is working on." Mayor Bush suggested, "I think the Commission needs to approve her Goals, so she doesn't work on something that you all don't think she should be doing or you know it is not achievable without adding -more Clerks." Commissioner Krebs asked, "Wouldn't we do that when she brought that forward?" Mayor Bush said, "Yes. But the Commission would then filter the Goals so to speak." "I WOULD LIKE TO MAKE A MOTION THAT WE ASK ANDREA (LORENZO-LUACES) TO PRODUCE A ONE (1) PAGE LIST OF HER ACCOMPLISHMENTS DURING THE YEAR AND ALSO PROVIDE US WITH A LIST OF SALARIES OF COMPARABLE POSITIONS IN ADJOINING COMMUNITIES AND REPORT THAT BACK FOR ACTION AT THE NEXT COMMISSION MEETING." MOTION BY DEPUTY MAYOR GILMORE. MAYOR BUSH ASKED ABOUT GOALS. DEPUTY MAYOR GILMORE ADDED, "THAT WE INCLUDE HER GOALS FOR NEXT YEAR." SECONDED BY COMMISSIONER BROWN. DISCUSSION. DEPUTY MAYOR GILMORE THEN REMARKED, "WE ARE AFTER HER ACCOMPLISHMENTS FOR THE YEAR. WE ARE NOT AFTER HOW MANY TIMES SHE WAS LATE OR EARLY IN ARRIVAL OR HOW MANY NIGHTS SHE WORKED - I WANT TO KNOW WHAT SHE DID -NOT JUST HER, IT IS WHAT THE DEPARTMENT DID. THEY PRODUCED RECORDS, THEY SATISFIED STUFF, TIIEY PRODUCED MINUTES -ALL OF THAT." DEPUTY MAY012 GILMORE THEN SUGGESTED, "LET'S SAY TWO (2) PAGES." MAYOR BUSH ASKED, "ANDREA (LORENZO-LUACES), CAN YOU DO THIS ON ONE (1) PAGE?" COMMISSIONER McGINNIS ADDED, "NO MORE THAN FIVE (5)." CITY CLERK LORENZO-LUACES REMARKED, "I CAN DO THAT ON A COUPLE OF PAGES -BRIEF AND THEN IF YOU WANT FURTHER EXPLANATION, I CAN ELABORATE." MAYOR BUSH THEN SAID, "THAT WOULD BE FINE." COMMISSIONER McGINNIS ADDED, "THAT IS FINE." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 22 OF 3l COMMISSIONER MILLER NOTED, "I THOUGHT I UNDERSTOOD COMMISSIONER GILMORE TO KIND OF INDICATE THAT THE FUTURE WOULD BE NOT ONLY - IT WOULD BE -SHORT, MEDIUM, AND LONG TERM BECAUSE SOME OF THESE THINGS LIKE RECORDS..." COMMISSIONER McGINNIS ADDED, "...THEY ARE ON-GOING..." COMMISSIONER MILLER CONTINUED, "...IT IS GOING TO GO ON FOR FOUR (4) OR FIVE (5) YEARS OR LONGER AND CATCHING UP ON SOME OF THESE AREAS THAT SHE HAS BEEN TRYING TO CATCH UP ON." DEPUTY MAYOR GILMORE NOTED, "THAT IS A GOOD POINT." DEPUTY MAYOR GILMORE ADDED, "HER GOALS WOULD BE SHORT TERM, LONG TERM, MEDIUM TERM." MAYOR BUSH NOTED, "WE ONLY -BUDGET ONE (1) YEAR IN ADVANCE." COMMISSIONER KREBS THEN SUGGESTED, "WOULD THE COMMISSION ACCEPT THE FACT THAT - IF SHE JUST COPIED FROM THAT PREVIOUS - THAT THEY MET THOSE -ATTACHMENT, WHATEVER THAT SHE HAD PROVIDED US." Tape 3/Side Q MAYOR BUSH ASKED CITY CLERK LORENZO-LUACES, "IS IT SOMETHING THAT YOU FEEL YOU CAN ACCOMPLISH, IN WHAT THE COMMISSION IS ASKING FOR?" CITY CLERK LORENZO-LUACES STATED, "I CAN DO THAT IN SAY TWO (2) TO THREE (3) PAGES, IS THAT OKAY?" COMMISSIONER KREBS REMARKED, "I DON'T NEED TO SEE THE TWO (2) TO THREE (3) PAGES, I JUST NEED YOU TO SAY THAT YOU ACCOMPLISHED THOSE GOALS -THOSE OBJECTIVES THAT YOU HAD GIVEN TO US." CITY CLERK LORENZO-LUACES ADDED, "AND I WILL BE GLAD TO BRING THAT BACK." DEPUTY MAYOR GILMORE NOTED, "WHAT I AM HUNTING FOR ARE - BULLET ITEMS, NOT A FULL EXPLANATION OF WHAT YOU DID. BULLETS." MAYOR BUSII STATED, "NEXT MEETING." CITY CLERK LORENZO- LUACES COMMENTED, "I WILL GET IT DONE THEN." C[TY OF W[NTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 23 OF 31 VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mayor Bush called a Recess at 7:43 p. m. The Regular Meeting was called back to Order at 7:51 p. m. Chief Daniel J. Kel•r, Chief of Police, Police Department addressed the City Commission briefly on an Accreditation meeting for the Police Department and invited the City Commission. Mayor Bush asked that the City Clerk Lorenzo-Luaces post this meeting, and brief discussion followed regarding the Agenda for this meeting. Mayor Bush then suggested that Chief Kerr try to have Commissioner Brown and Commissioner Krebs accommodated tomorrow night as they have pre-arranged engagements. Chief Kerr stated, "Yes, I will." •• AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM "604" WAS NOW DISCUSSED INDIVIDUALLY AS NOTED ON PAGE 18. •S• REGULAR AGENDA REGULAR 604. Office Of The City Manager Requesting The Commission To Review Information Regarding The City Manager's Annual Evaluation For Performance Year "11", November 1, 2006 Through October 31, 2007. Manager McLemore advised the City Commission, "We got into this thing of the Evaluation taking so much time and I explained to you when I first came here, we really didn't have a Finance Director that could develop an Annual Report, so, we got into the practice of waiting for the Audit to come out, so we'd know what our year-end results were and then I could write - a reasonable Performance analysis for you in the year. Those things have changed now." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 24 OF 31 Continuing, Manager McLemore stated, "So, we have a lot more capability today and we are able to generate an Annual Financial Report prior to the Audit process which means if you wanted to and you were comfortable with that we could get back on a schedule where in November, I could bring forward to you my Evaluation and have the year-end Staff Report available to me to make that Report on. Which is perfectly fine for me, works fine for me. I'd just as soon get it out of the way and have my Report to you - in November or early December rather than waiting until the Annual Audit comes out." Then, Manager McLemore remarked, "This does involve Performance issues and items from -Performance year `11', which is November 1, 2006 through October 31, 2007. To do this, of course I had to go back to the Reports and we had the Audit that was presented to you in May, which is later this year than at any time before. So, because of a number of issues which I explain here, I just did not take the time to stop other things that were absolutely important to the City and worry about this. Also, be aware that the numbers I gave you on the back in terms of average salary data is not this year's salary information, that was salary information from a year or so ago, which reflects conditions back in a prior fiscal period, more in line with this Performance year. If you take these numbers I've given you and increase them by about three and a half percent (3.5%), it would be pretty well on top of what the salary data out there is today. In this review again, to keep us focused on what previous Commissions and my discussion with solve of you have established is really those things that are important to us; again, I've listed these items and they are output-oriented or results-oriented and I have always tried to organize your resources around these outcomes." Manager McLemore then remarked, "The other thing that I wanted to focus you on for a specific reason and ask you to go back and read was in the area of Policy, Policy analysis, Policy development, which is the City Manager's probably first responsibility - to assist the Commission in making Policy, because that's what this form of government is -your role is to make Policy. Therefore, my function is to help you make not just Policy, but wise Policy, that means intelligent decision-making. Intelligent decision-making is driven by good data and good information, and by a good organization." Furthermore, Manager McLemore stated, "Second level down for a City Manager is Finance. Financial responsibility, financial accountability, financial reporting, is the next most important thing that management does. If it can be done any better than it's done and represented on this page, then you need to tell me how to do it, because I don't know any other City Manager in this country that knows how to do this any better and can show you better results than this. C[TY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 25 OF 31 We're known for excellence in all services that we provide; we spend less money that the other cities at least in Florida, as documented by the State Auditor General. We raise less money on average than other cities, but yet we have disproportionately high reserves, and how do you account for that other than management? You can't! You can't account for that, other than management. And that management cannot be successful without cooperation between the Elected Officials - and a strong management team. And we have a strong management team that is directed on the benchmarks that this Commission said they want to get; and we do it for less money than most other cities and do it better." Continuing, Manager McLemore remarked, "Now relating to the operating accomplishments, these are basically the things we accomplished through the organization that relate again to the focus points or the outcomes which the Commission has set in prior years. And they're all listed for you in here, and you've probably seen them before. And then, down to the compensation issue -those numbers represent the Seminole City average, the information, or the direction, or the Consensus that we reach with the City Commission when I came here, was the City Commission set out several cities that we're going to use every year. I don't have that information on these. It always comes out about six to seven percent (6 - 7%) higher than the Seminole County average. I will have it for you it at the next one, but this is the average of cities in Seminole County." Commissioner Krebs stated, "It looks like you've blended 2007 and 2008 on some of - like on financial performance, reduce Ad Valorem Millage to 24.3. Wasn't that just this year due to the Fire?" Manager McLemore, "Yes, it was in - we did that -the predominance of this was [20]'07, and then there was a lot of planning going on for the next year. So, I tried to go back and make that happen, because -we're taking a Performance year and we are meshing it over fiscal years, and it gets a little complicated." Furthermore, Commissioner Krebs commented, "And what I would like to see also, if you are going to do this - so, this would be during that time period as well? So, we're not talking fiscal year..." Manager McLemore stated, "...Right." Manager McLemore responded, "We would have ended the fiscal year and be in a different performance year, it's kind of complicated." Commissioner Krebs, "Okay, but then you don't - so if we're talking fiscal year, then we don't talk about SBA (State Board of Administration), which probably should have been something put in here. In this upcoming year, in the 2008 Performance Review, eve talk about SBA (State Board of Administration)." Commissioner Krebs added, "Well, SBA (State Board of Administration) was done at the same time as the reduced Ad Valorem Millage rate. It was the same, it was in November." Manager McLemore stated, "SBA (State Board of Administration) was in 2008, was when we were dealing with SBA (State Board of Administration). CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 26 OF 31 Now, my Performance period -and when we're dealing with SBA (State Board of Administration) was interrelated, but it is not exactly the same thing. SBA (State Board of Administration) took place in the current year, as I understand it, and my current would be in my 2008 performance year." Commissioner Krebs said, "Okay, so then wouldn't the Ad Valorem, the reduction in the Ad Valorem - 24.3." Manager McLemore, "I will check it to make sure." Continuing, Commissioner Krebs commented, "And then the Scottish Highland Games were 2008 -wasn't this our first year that we had them?" Manager McLemore responded, "No." Commissioner Brown noted, "In the Town Center?" Commissioner Krebs added, "In the Town Center?" Manager McLemore noted, "Did I refer to the Town Center?" Commissioner Brown stated, "Yes, you did." Manager McLemore then said, "That's a mistake." Commissioner Krebs remarked, "And the completed expansion of the Senior Center - we did that the same time the SBA (State Board of Administration) thing; we just had that in like December of this past year; actually it was 2007, but it was December as well. It is just that it is blended, and I think because it is so late." Mayor Bush added, ``One of the things the Manager has not included in here, I don't believe anyway, is that the Department Heads that he has hired are outstanding employees. They are professionals; they are educated in their field; they work well with citizens. I don't think we could have better Department Heads than what we have got - with Chief Kerr, Kip Lockcuff -Kevin (Smith). I mean really, and he hired every one of these people." Commissioner Krebs said, "You are right, but that wasn't in this fiscal year." Mayor Bush then said, "I know he didn't put it in there, I think that is a key thing for the Manager, because unless we have good Department Heads, I don't care what he does, it isn't going to work." Manager McLemore remarked, "If I could expand that, it's not just hiring them, it's directing them -keeping all people focused on what the priorities are and giving -continuous assistance during the year -some need more, some need less." Additionally, Commissioner Krebs commented, "But see, then that would be something that I would want to see, because - we can't keep going back to, well we hired the Chief, I mean how long ago, and thank God you did - I appreciate the Mayor recognizing that and we should always - whenever I see them walking around, I always think - we are really lucky to have all of these Department Heads that we have and -that is to your credit." Discussion. Manager McLemore then noted, "But, I agree, I didn't try to bring individual selections up as a point in here, only that we are getting there because we have a great team of people." Mayor Bush added, "I guess my point is that every one of them could find another job. If they didn't like the leadership that Ron (McLemore) was providing, they would be gone." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 27 OF 31 Further, Mayor Bush commented, "They are extremely well-qualified people, and they are hanging in there, putting up with us - to me that's a key measure, if you want to say a metric, it is a key metric - we are keeping our good people and it has to be because of the Manager. Because he is their boss and he works with them on a day-to-day basis. So, I just wanted to put that in." Further discussion. Deputy Mayor Gilmore remarked, "We have attempted to define what you did in a year, or last year -this year, and I think we all have to recognize that what Ron (McLemore) accomplished. Let us say -what was completed this year may have started three (3) and four (4) years ago." Tape 4/Side A Manager McLemore noted, "I don't have any problem with going back and trying to put this performance year back on that fiscal year and reviewing that again, and if it needs some work, that's not a problem." "I PROPOSE A TWO POINT FIVE PERCENT (2.5%) RAISE FOR THIS PERIOD." MOTION BY COMMISSIONER McGINNIS. MOTION DIED FOR LACK OF A SECOND. "I WOULD PROPOSE A FOUR PERCENT (4%) ON HIS TAXABLE INCOME FOR THE YEAR 2006-2007." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION FOLLOWED ON TAXABLE INCOME. MANAGER McLEMORE NOTED, "IT'S NOT ON TOTAL COMPENSATION. IT'S ON THAT INCOME THAT'S TAXED -YOU DID THAT LAST TIME, WHICH IS THE BASE SALARY." COMMISSIONER MILLER ADDED, "SO, LEAVE IT FOUR PERCENT (4%) ON HIS TAXABLE INCOME." WITH FURTHER COMMENTS, COMMISSIONER MILLER CLARIFIED THE MOTION AND STATED, "SO, IT WOULD BE BASE SALARY PLUS HIS AUTO ALLOWANCE." COMMISSIONER MILLER ADDED, "BASE SALARY PLUS HIS CAR ALLOWANCE." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 28 OF 31 VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: NAY COMMISSIONER KREBS: NAY MOTION CARRIED. In other City business, Mayor Bush commented that he had spoken with representatives of Seminole County and stated, "The Scottish Highland Games people have not filled out their application for Tourist Development money and this is a continuing problem they have and they can't get the money unless they fill the application out. I would like the Commission to consider asking -through the Manager, through Chuck (Pula) that we assist the Scottish Highland Games people, complete the paperwork to get it in on time and also do the follow-up on the reporting because they have had problems with the reporting after the event." Mayor Bush then asked, "Is this something that the Commission would want to get our City involved in helping them do this?" Discussion. "I WILL MAKE THAT A MOTION." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. MAYOR BUSH NOTED THAT THE MOTION WAS "THE CITY WILL ASSESS THE SCOTTISH HIGHLAND GAMES COMMITTEE IN GETTING THEIR PAPERWORK IN FOR THEIR TOURIST DEVELOPMENT MONEY AND ALSO TO ASSIST THEM IN COMPLETING THE REPORTS AT THE END OF THE EVENT. " VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. Discussion followed on the City's Newsletter and having the City Commission review it prior to it being printed. Manager McLemore suggested, "If I could send it out to you and you call me right back as soon as you had a chance to read it -let's say I give you a day or so..." Commissioner Krebs noted, "...That's fine..." Manager McLemore continued, "...And if anything really bothers you, call me back, and that's the best we can do." Commissioner McGinnis remarked, "I do not approve of any kind of editing from the Commission." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 29 OF 31 Commissioner Brown said, "Let's make sure it's readable. I think we all got the message that the content needs to be relevant, and we need to be out of the editorial business as much as possible, but it has got to be understandable, otherwise we are wasting time sending it out. And there are a lot of questions out there that we have to be very specific at the proper level." Mayor Bush noted, "What if, you know we're up against a deadline here, and I think what Commissioner Brown is suggesting - as well, Commissioner Krebs has a good idea - we almost need an editorial review board in a way, but they have to be put together in advance. You can't do it this time, just can't do it." Mayor Bush suggested that City Clerk Lorenzo-Luaces send out an electronic document. Manager McLemore noted, "What if, we can get it completed tomorrow. I send it to you the next day, and give you one (1) day just to comment on it." Commissioner Krebs remarked, "But comments don't mean you have to change it. I don't intend on commenting on it. It is more for content, unless somebody is really coming out and saying something - a message that I never knew of or approved, that's all. My intent is not to micro-manage." With further discussion, Manager McLemore said, "Well, again, I'll try to get you the copy and give you one (1) day to respond." Commissioner Miller recommended, "When it goes to the printer, we should have the final document." Mayor Bush added, "I think for future ones, I still like the idea -the Editorial Review Board." Mayor Bush added, "Let us think about that and let the Manager come back with some kind of recommendation for the future." Lastly, Manager McLemore remarked, "Commissioner Brown had asked for us to come back with this explanation of the tax issue and this is going to be in there -why are my taxes going up?" Mr. Smith reviewed tax information that was distributed to the City Commission. Mr. Smith addressed the City Commission. Commissioner Miller commented, "I definitely think that Fire Assessment reserve line - either needs to say `Paid out of City reserves' or there needs to be an asterisk which says - `This is a portion of your taxes that you did not have to pay in 2008 because it was provided out of the City's reserves." Commissioner Krebs said, "That is a good point." Furthermore, Commissioner Miller stated, "Well, they didn't pay it Ron (McLemore). I made this comment a couple of months ago, that they actually got a tax break..." Commissioner Krebs said, "...They need to know that, yes." Commissioner Miller continued. "...In 2008. They didn't have to pay -like me. I didn't have to pay a hundred and forty-five dollars ($145.00) this year because the City took it out of reserves and gave it to me as a gift -one (1) time." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -AUGUST 25, 2008 PAGE 30 OF 31 Mr. Smith noted, "A lot of people think, that when it says `Fire', that means `Fire Fee' right there, so, we've been getting a lot of calls about that." Mayor Bush, "That `Fire' should be MSTU (Municipal Service Taxing Unit)." Deputy Mayor Gilmore commented, "I believe that you must explain that to the people." Mayor Bush remarked, "You are not going to be able to do it on a piece of paper." Mayor Bush added, "I think some of the terminology could be, like Commissioner Miller is suggesting and so forth." With further comments, Commissioner Krebs noted, "You have Fire Assessment levied, in fact, Fire Assessment levied, was for me, two hundred and thirty-two dollars ($232.00). But, out of that, the City's one (1) time gift was fifty percent (50%) -and my contribution was fifty percent (50%). Those two (2) lines, I mean if you really want to look at it, those two (2) lines, the Fire Assessment levied, if you are going to use that term..." Mr. Smith remarked, "...Maybe I should have said `Charged'." Commissioner Krebs suggested, "Maybe you should amend that and put `Total levied' and put the amount. I don't know if you can do that and explain it well." Further discussion. Commissioner Miller commented, "You know another thing that might be interesting to do would be to put a percentage on the end of this column right here, because that is another thing - I think people call us, and they are really in an adversarial mood; and if you put that last column down there in a percentage, you can say, `Did you look how much you are paying the School District; look how much you are paying to the County' ?" Furthermore, Commissioner Miller stated, "I think if you put the percentages, Kevin (Smith), that would really help; because in the end, you could put a comment on the bottom of this that says `Mayor Bush', if you want to put his name down there, `Twenty- five percent (25%) of his tax paid this year is coming to the City; the rest is going to the County, the School District'. Well, in any case, then put Citizen `x' (which is random), only `Twenty-five percent (25%) of his taxes is paid to the City. The rest is being paid to the School Board, to the County, and to other organizations'. It kind of puts it in context." Mayor Bush, "It might be something to put in the Newsletter -what your City taxes are, what percent." Deputy Mayor Gilmore then asked Manager McLemore about the columns at Glen Eagle. Manager McLemore recommended, "That's the Homeowner's Association at work." Mayor Bush added, "Give them the name of the Homeowner's Association." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEET[NG -AUGUST 25, 2008 PAGE 31 OF 31 ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:53 p.m. RESPECTFULLY SUBMITTED: LaDONNA SLAYTER, ASSISTANT TO THE CITY CLERK AND ~, A LORENZO-LUACES, CMC CITY CLERK APPROVED: 1; M R JOl-JN F. 3i.1SH NOTE: These Minutes were approved at the September 8, 2008 Regular City Commission Meeting.