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HomeMy WebLinkAbout2008 10 13 Consent 213 Approval of the City Commission Regular Meeting Minutes of September 22, 2008 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 22, 2008 CALL TO ORDER The Regular Meeting of Monday, September 22, 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, 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, present A moment of silence was followed by the Pledge of Allegiance. .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM "500" WAS DISCUSSED NEXT, AND LATER IN THE MEETING, AS SHOWN ON PAGES 10-11 OF THESE MINUTES. .:..:. PUBLIC HEARINGS AGENDA (PART I) PUBLIC HEARINGS 500. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2008-47, Which Establishes The Final Operating Millage Rate And The Final Voted Debt Service Millage Rate For Fiscal Year 2008- 2009 For The City Of Winter Springs. Mayor Bush opened the "Puhlic Input" portion of the Agenda Item. Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: suggested ways the City Commission could cut costs. ..~.~ r \~ ~ ;~ ~~d .,,,.,,,....u. . ,~ .~ ~~ :<r;Fft,~J ~B'I.;~4J ~f'tCf1.~"'. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2008 PAGE 2 OF 24 Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: commented on the Spreadsheets that Mayor Bush put together. Mr. Michel Champagne, 202 Arrowhead Court, Winter Springs, Florida: representing the Arrowhead community, Mr. Champagne spoke on the Millage, and what type of services residents get. Note: Due to technical difficulties, the next audiotape was used Tape 2/Side A Mr. Arsenio Calle, 110 Arrowhead Court, Winter Springs, Florida: remarked about increased taxes; suggested that a Citizen Committee be formed; and recommended that the City Commission go back to 2005 levels. Discussion. Ms, Dorothy Benson, 220 Arrowhead Court, Winter Springs, Florida: spoke of being on a fixed income; supporting the Fire Department; and the tough market. Ms. Jean Hovey, 549 Brookside Drive, Winter Springs, Florida: suggested the City Commission do what citizens suggest. Ms. Mary Alice Wilder, 710 Boysenberry Court, Winter Springs, Florida: spoke on behalf of a volunteer Committee wanting to work on revenue-neutral Events and to help with sponsorship opportunities. Mr. Stuart Knoll, 201 Arrowhead Court, Winter Springs, Florida: remarked about increased taxes, Millage Rates; outside sponsors for community events; and outsourcing or similar ideas to save taxpayers money. Mr. Tom Armstrong, 103 Ashford Drive, Winter Springs, Florida: commented on the Fire Consolidation; exchange of costs; and asked the City Commission to make taxes more equitable across the board. Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: mentioned a spreadsheet he had prepared for the City Commission. M~. Avery Knoll, 201 Arrowhead Court, Winter Springs, Florida: commented on the base; revenue; and suggested the City work with other similar communities in dealing with issues in Tallahassee, Mayor Bush closed the "Public Input" portion of the Agenda Item. Much discussion. :l'~~'lAA:st" ., _1'-' ~~l;H'1.!i~~ .;;.~~~' ~~,~~, /!J:~rJ! :-~~ .....", ~ji; ,~....;;ij '~.~. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2008 PAGE 3 OF 24 Tape 2/Side B Commissioner Robert S. Miller commented for the Record about his preference for the suggested two (2) new Police Officers. "MOTION THAT WE ACCEPT THE CITY MANAGER'S RECOMMENDATION NUMBER '1' WITH THE EXCEPTION OF THE IMPLEMENTATION OF THE CODY STUDY FOR .0149 MILLS; THE IMPLEMENTATION OF THE COMPRESSION ADJUSTMENT FOR .0759 MILLS; AND WITHOUT THE 4TH OF JULY CELEBRATION FOR A MILLAGE REDUCTION OF - .0297 WHICH LEAVES US WITH A TOTAL OPERATING MILLAGE OF 2.4937 OR A .5401 REDUCTION FROM OUR TENT A TIVE MILLAGE STATED IN THE TRIM NOTICE." MOTION BY COMMISSIONER BROWN. MOTION DIED FOR LACK OF A SECOND. Discussion. Mayor Bush called a Recess at 6:25 p.m. The Regular Meeting was called back to Order at 6:36 p.m. Further discussion. City Manager Ronald W. McLemore addressed the City Commission. Discussion ensued with Mr. Kevin Smith, Director, General Services Department addressed the City Commission on several scenarios related to the Millage. "I NEED TO MAKE A MOTION THAT WE APPROVE A THREE PERCENT (3%) ACROSS THE BOARD, A HUNDRED FIFTY-THREE THOUSAND, THREE HUNDRED TWENTY-FIVE [DOLLARS] ($153,325.00) FOR COMPRESSION ADJUSTMENT, FIFTEEN THOUSAND [DOLLARS] ($15,000.00) FOR LOT CLEARING AND A HUNDRED SEVENTEEN THOUSAND, FIVE HUNDRED SIXTY-FOUR [DOLLARS] ($117,564.00) FOR TWO (2) POLICE OFFICERS." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. '.-"" 11..-_ '''-~ ,~- :~:1~'~ '~....;(''''~ \;"St,'''' t".~~ 1~A~~f:;: '(?!4J."1J>>fITf!' :1i:~;S:1:'~./J,,- :~''''N''~' :o...,~ _^ ~ ~i".';e;:;!t>>a'!~" ~:'ju;i~f5~ ' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2008 PAGE 4 OF 24 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: NAY DEPUTY MAYOR GILMORE: NAY COMMISSIONER KREBS: NAY MOTION DID NOT CARRY. Mayor Bush called a Recess at 6:59 p.m. The Regular Meeting was called back to Order at 7.' J 5 p. m. Tape 3/Side A Much discussion continued. With a discussion on various items, Mayor Bush asked, "What about across the board - three percent (3%)?" Commissioner Rick Brown stated, "Three percent (3%)." Commissioner Sally McGinnis noted, "Three [percent] (3%)." Mayor Bush pointed out, "We have three (3) people who say three [percent] (3%)." Discussion. Mayor Bush asked about "Lot clearing?" Commissioner Brown said, "Yes." Commissioner McGinnis remarked, "Absolutely." No objections were heard. Mayor Bush clarified, "Lot clearing is in there." Mayor Bush stated, "The Fire Department position had been taken care of. It should not be up there. That - person has taken another job in the City that is already funded, so it is not a new position." With further comments, Mr. Smith explained that three percent (3%) Merit - three [percent] (3%) across the board and the lot clearing - 2.4714. "I WOULD LIKE TO MAKE THAT MOTION THAT WE SET THE MILLAGE AT 2.4714." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH ADDED, "THE MERIT WAS AT ZERO - THREE PERCENT (0- 3%) - THREE PERCENT (3%) ACROSS THE BOARD INCREASE FOR ALL EMPLOYEES, AND THE LOT CLEARING - WHICH COMES DOWN TO THE 2.4714." 'ij;..o.'i4'::mI'OJiJJ "":tti~;l';":~~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2008 PAGE 5 OF 24 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY DEPUTY MAYOR GILMORE: NAY MOTION CARRIED. Mayor Bush called a Recess. The Regular Meeting was called hack to Order by Mayor Bush. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. This Agenda Item was not discussed. MOTION TO APPROVE INFORMATIONAL AGENDA. SECONDED. DISCUSSION. MOTION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Public Works Department Requests The City Commission Validate The Staff Recommendation Finding The Town Center Building 17 Site To Be Built In Substantial Accordance With The Final Engineering Plans And To Accept The Potable Water And Sanitary Sewer Infrastructure For Ownership And Maintenance. No discussion. l"":';"'&"('"'~~ """''',""--'''I'! ~?::~~ ..,;.1'!3,..."..."",-.;Jil '~;:,~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2008 PAGE 6 OF 24 CONSENT 201. Public Works Department - Stormwater Division Requesting Authorization To Enter Into A Contract Agreement With Lake Masters Aquatic Weed Control, Inc. For Aquatic Weed Control And Maintenance Services Of Certain Ponds. This Agenda Item was not discussed. CONSENT 202. Utility/Public Works Department Requesting Approval To Award Bid #ITB-013/08/KL And Enter Into A Contract To Construct The Two Remaining Utility/Public Works Storage Buildings. There was no discussion on this Agenda Item. CONSENT 203. Parks And Recreation Department Requesting Authorization To Award The Contract For Landscape Maintenance And Chemical Services For Winter Springs Neighborhood Parks. No discussion. CONSENT 204. Office Of The City Clerk Approval Of The September 2, 2008 City Commission Workshop Minutes. This Agenda Item was not discussed. CONSENT 205. Office Of The City Clerk Approval of the September 8, 2008 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 206. Office Of The City Clerk Approval Of The September 15,2008 City Commission Workshop Minutes. No discussion. ,F"'l'l"<I lI,,,,.{j! i).-~'i!!'k:J~lJi:1l;I ;\>I:":~'IVt:l~ ,?'~.X.l'''?ft~~~ ,"!\";i',,'l:!f'/.P" ,~,;~~~ "'-=""i~' i;";:.'~JlM." j'l",::" -;;.. "~'".-'."g ~~'l't:~~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2008 PAGE 7 OF 24 CONSENT 207. Information Services Department Requests The Commission Authorize The City Manager To Enter Into A Contract With Pride Enterprises For The Outsourcing Of Imaging Services And The Expenditure Of $50,000.00 Which Is Already Budgeted For The Records Management Project. Brief discussion. MOTION TO APPROVE CONSENT AGENDA. MOTION. SECONDED. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. AWARDS AND PRESENT A TIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor Presentation Of A Proclamation Recognizing "Mental Illness Awareness Week" Mayor Bush presented a Proclamation in honor of "Mental Illness Awareness Week". Discussion followed on a related Event in Altamonte Springs on October 11,2008. AWARDS AND PRESENTATIONS 301. Oviedo-Winter Springs Regional Chamber Of Commerce ADD-ON Oviedo-Winter Springs Regional Chamber Of Commerce Wishes To Present The City Of Winter Springs With An Award. Mr. Charles Lacey and Ms. Brenda Hayes Brown presented a framed poster of the 2008 Festival of the Arts to the City. Mayor Bush noted, "Andrea (Lorenzo-Luaces, City Clerk) will find an appropriate place for this." Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2008 PAGE 8 OF 24 REPORTS REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager - Ronald W. McLemore Manager McLemore stated, "We've got about eighty percent (80%) of the Fall Harvest committed. I am pretty confident we can commit to the rest - we can get the rest of it. My question to you is with that commitment, are you comfortable with going ahead or do we still need to wait?" With further comments, Manager McLemore noted, "We're about two thousand dollars ($2,000.00) off." "I MOVE WE MOVE FORWARD - COMMIT TO PROCEED WITH THE HOMETOWN HARVEST." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REPORTS 402. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC No Report. REPORTS 403. Commission Seat Two - Rick Brown Commissioner Brown commented on the 2nd Annual "Jingle Bell SK" scheduled for Saturday, December 13, 2008 and that we are open for registering runners and would accept Sponsors. .,-~ Z .:~ '1\o-"'It"'..'ll ~:::;'lj ;".;"",~<<li\ "~~:-~ I~;;-;";;;l\\ "':~~.;~:~:;~ ~:c':'i~~l, '~;:=:~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2008 PAGE 9 OF 24 REPORTS 404. Commission Scat Three/Deputy Mayor - Donald A. Gilmore Deputy Mayor Donald A Gilmore commented about the offer during Public Input to form a Committee to find Sponsors for Special Events to represent the City Commission, Manager McLemore said, "You need to bring this back as an Agenda Item with a Resolution creating an entity and we need to figure out - because we are about to go out the door with the RFP (Request for Proposal) on the other person - how this all works together. But if you want to create this Committee, then you are going to need to do it by Resolution of the City." Mayor Bush suggested, "At the next regularly scheduled Meeting." Manager McLemore stated, "Okay." REPORTS 405. Commission Seat Four - Sally McGinnis Commissioner McGinnis commented further on a proposed Committee to find Sponsors for Special Events and Commissioner McGinnis suggested these people need something in writing from the City. Manager McLemore noted, "There's nothing to stop them from going out and saying they're soliciting money and they should have something in their hands..." Commissioner McGinnis remarked, "... That is the issue." Manager McLemore then asked, "Are they going to hold money; are they going to send it to the City?" Commissioner McGinnis then asked Manager McLemore, "Would you work with Chris (Carson, Parks and Recreation Department)?" Manager McLemore replied, "I'd be more than happy to." Secondly, Commissioner McGinnis commented about the helicopter pad at the South Seminole Hospital on State Road 434. REPORTS 406. Commission Seat Five - Joanne M. Krebs No Report. r.,~ ",::::::::! ~~~ .-; -, . ,'~:~~~~~~\ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2008 PAGE 10 OF 24 REPORTS 407. Office Of The Mayor - John F. Bush Mayor Bush stated, "Susie (Coffman, Senior Center Manager, Parks and Recreation Department) had sent me a Memo about - a walk through at the Senior Center over the Therapy Pool and the renovations there." Mayor Bush said to City Clerk Lorenzo- Luaces, "Would you make sure the Commissioners all know the time of that walk- through. " REPORTS 408. Commission Seat One - Robert S. Miller No Report. .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS "500" AND "501" WERE DISCUSSED NEXT. PUBLIC HEARINGS AGENDA ITEM "500" WAS ALSO DISCUSSED PREVIOUSLY, AS NOTED ON PAGES 1-5 OF THESE MINUTES. .:..:. PUBLIC HEARINGS AGENDA (PART I) PUBLIC HEARINGS 500. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2008-47, Which Establishes The Final Operating Millage Rate And The Final Voted Debt Service Millage Rate For Fiscal Year 2008- 2009 For The City Of Winter Springs. City Attorney Anthony A. Garganese stated for the Record, "I need to publicly announce the Final Operating Millage rate of2.4714 Mills, is 32.31 percent less than the computed Rolled-Back Rate of3.6512." "I WOULD LIKE TO MAKE A MOTION THAT THE CITY OF WINTER SPRINGS ADOPT RESOLUTION 2008-47 ESTABLISHING THE FINAL OPERATING MILLAGE RATE AT 2.4714 MILLS, ESTABLISHING THE VOTED DEBT SERVICE AT .1100 MILLS AND PUBLICLY ANNOUNCE THAT THE FINAL OPERATING MILLAGE IS 32.31 PERCENT LESS THAN THE COMPUTED ROLLED-BACK RATE OF 3.6512 MILLS." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MA YOR BUSH NOTED, "I WILL GIVE A COPY OF THIS TO THE CLERK." ,~ ~-=:I :~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2008 PAGE 11 OF 24 VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: NAY COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: NAY MOTION CARRIED. 501. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2008-48, Establishing The Final Budget For Fiscal Year 2008-2009. Ms. Michelle Greco, Director, Finance Department addressed the City Commission on this Agenda Item. Continuing, Ms. Greco explained, "Adoption of the Millage rate of 2.4714 mills and a Voted Debt Service Millage Rate of .1100 Mills - gives us total expenditures in this Final Budget of General Fund seventeen million, four hundred and sixty thousand, two hundred and ninety-two dollars ($17,460,292.00), other Governmental Funds of twenty million, sixteen thousand seven hundred and sixty-nine dollars ($20,016,769.00) and Enterprise Funds of twelve million, eight hundred thirty-three thousand, five hundred forty-four dollars ($12,833,544.00), for a total Budget of fifty million, three hundred and ten thousand, six hundred and five dollars ($50,310,605.00)." 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 ADOPT RESOLUTION NUMBER 2008-48 IN THE AMOUNT STATED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR BUSH NOTED, "MICHELLE (GRECO), WOULD YOU MAKE SURE THOSE NUMBERS THAT YOU READ OFF WERE FILLED IN AND GIVE IT TO THE CLERK, SO, THAT SHE RECORDS IT ACCURATELY." MS. GRECO STATED, "YES, SIR." ~. ~ '::"~ ;~,..\ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2008 PAGE 12 OF 24 VOTE: COMMISSIONER KREBS: NAY DEPUTY MAYOR GILMORE: NAY COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Deputy Mayor Gilmore asked that copies of the Resolution be placed in their mail boxes tomorrow, PUBLIC INPUT No one addressed the City Commission at this time, PUBLIC HEARINGS AGENDA (PART II) PUBLIC HEARINGS 502. Office Of The City Attorney Second Reading And Adoption Of Ordinance 2008-15, Authorizing The Inclusion Of The City In Seminole County's Fire And Emergency Services Municipal Taxing Unit. Attorney Garganese read the Ordinance by "Title" only, 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 COMMISSIONER BROWN. DISCUSSION. (ORDINANCE 2008-15)." MOTION BY SECONDED BY COMMISSIONER McGINNIS. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. \~ lJi,' ~ ...~ti CITY OF WfNTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2008 PAGE 13 OF 24 PUBLIC HEARINGS 503. Community Development Department - Planning Division Requests The City Commission Conduct A Public Hearing For The 2nd Reading And Adoption Of Ordinance 2008-17, Annexing A Parcel Located At 1072 West SR [State Road] 434 (East Of SR [State Road] 417), Equaling Approximately 7.06 Acres And Owned By East Coast Believers Church Inc. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Montje S. Plank, PE., Senior Vice President, Central Florida Land Corporation, 500 North Maitland Avenue, Suite 110, Maitland, Florida: addressed the City Commission. Design briefly Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE COMMISSIONER McGINNIS. DISCUSSION. (ORDINANCE 2008-17)." MOTION BY SECONDED BY DEPUTY MAYOR GILMORE. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 504. Community Development Department - Planning Division Requests That The City Commission Hold A Public Hearing For First Reading Of Ordinance 2008-12, Which Rezones Two (2) Parcels Containing 28.9 Gross Acres, More Or Less, Located At 1900 DeLeon Street (The Southwest Corner Of DeLeon Street And Howard Avenue) From (Seminole County) "A-3 Agricultural" To (City Of Winter Springs) "R-Cl Single Family Dwelling District" (Min. [Minimum] Lot Size-l Acre). Mayor Bush stated, "Can we have a Motion to read by 'Title' only?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. (~ -'----Ill !'-~ \'~1 CITY OF WINTER SPRiNGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2008 PAGE 14 OF 24 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke on this Agenda Item. Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Eloise Sahlstrom, AS LA, AICP, Senior Planner, Community Development Department briefly addressed the City Commission. Discussion Tape 3/Side B Further brief discussion. "MOTION TO APPROVE COMMISSIONER BROWN. DISCUSSION. (ORDINANCE 2008-12)." MOTION BY SECONDED BY COMMISSIONER McGINNIS. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. ({,~ 'I<-~ '~--4 !""-"'t;~. ~,~g~ ~J::C-""";T-:""';"~: ";>>'qX~-",,,"-' q.';~~-':::-:~::t;:} CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2008 PAGE 15 OF 24 PUBLIC HEARINGS 505. Community Development Department Request The Commission Consider The Aesthetic Review For A 4,232 S.F. (Square Foot) Single Story Office/Retail Building, A 320 S.F. (Square Foot) Storage Building, And Other Site Improvements On A Pie-Shaped 0.73 Acre Property At The Northeast Corner Of SR (State Road) 434 And Central Winds Drive (Also Abuts Central Winds Parkway a.k.a. [Also Known As] Old SR [State Road] 434), Within The Town Center. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department introduced this Agenda Item. Mr. Bill Starmer, Starmer Ranaldi Planning and Architecture, Inc., 820 West Broadway Street, Suite 3000, Oviedo, Florida: spoke briefly on this Agenda Item, Manager McLemore stated, "What we're asking you to do is to just give us the authority to work these things out - we don't have to come back to you. Of course, the Applicant can come back if he is not satisfied." Mayor Bush said, "Just work it out." Commissioner McGinnis noted, "That is good." Commissioner Miller noted that "This property here is all school property and this is the access road, Tuskawilla Road - right there, it says 'Not accessible'," which means you can't get on to [State Road] 434 there. Is there some possibility that will be opened up at some point in the future?" Manager McLemore answered, "Yes. Not a road, but a sidewalk, or something of that nature. That is one of the things we have to negotiate." Commissioner Miller continued, "You could really put a real nice feature in there - you obviously would have to get some land from the School Board, and I am not sure they would be willing to give it up, but even if they weren't, maybe some kind of an Agreement that we could use it for, like a pocket park that we were talking about." Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. '~.' ~~ i CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2008 PAGE 16 OF 24 "I WOULD LIKE TO MAKE A MOTION THAT WE ALLOW STAFF AND THE APPLICANT TO CONTINUE WORKING ON THESE FINAL ITEMS AND THAT THE APPLICANT FEEL EMPOWERED TO COME BACK BEFORE THIS COMMISSION, IF THEY FEEL THEY ARE BOGGED DOWN INAPPROPRIATELY." MOTION BY COMMISSIONER BROWN. 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. Mr. Stevenson asked, "If I could clarify that, that Motion was for Approval and to empower Staff to work out our..." Mayor Bush noted, "... Yes. Work it out." Commissioner Miller departed the Regular Meeting at 8:40 p.m. REGULAR AGENDA REGULAR 600. Community Development Department Requests The Commission Consider The Final Engineering/Site Plan For A 4,232 S.F. (Square Foot) Single Story Office/Retail Building, A 320 S.F. (Square Foot) Storage Building, And Other Site Improvements On A Pie-Shaped 0.73 Acre Property At The Northeast Corner Of SR (State Road) 434 And Central Winds Drive (Also Abuts Central Winds Parkway a.k.a. [Also Known As] Old SR [State Road] 434), Within The Town Center. Mr. Stevenson addressed the City Commission on this Agenda Item. Mr. Bill Starmer, Starmer Ranaldi Planning and Architecture, Inc., 820 West Broadway Street, Suite 3000, Oviedo, Florida: spoke on the sidewalks situation. Mr. Brian Fields, P.E., City Engineer, Public Works Department commented on sidewalks. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2008 PAGE 17 OF 24 Mayor Bush suggested, "We need to ask the school to finish building that sidewalk." Mr. Stevenson stated, "Granted, this is an incremental piece to a network that currently doesn't exist, but it is an incremental piece, and it is a requirement of your Comprehensive Plan." Deputy Mayor Gilmore proposed, "Can we not write it into the Development Order or form that says that in the future, if there is a need for it, then the Developer will put the sidewalk in." Mr. Stevenson remarked, "Once Staff works with the Applicant and we iron all this out, one of the items that does have to come back to you is the DA (Development Agreement) for this project." Discussion. Further, Mr. Stevenson noted, "There is no intended use once you get beyond this entrance here - it does come in this way; it does attach to an existing sidewalk; it does become a part of a network; although a lot of that network as Brian (Fields) said, is not in place at this time, and a lot of that network would need to be on school property." Commissioner McGinnis remarked, "I do agree with Commissioner Gilmore. My question is, how do you establish the need down the line?" Manager McLemore said, In the overall plan for your Town Center, there's a sidewalk coming all the way through there, around the pond area." Manager McLemore added, "We're asking them to give us an Easement over that property for a pocket park. Is that not worth ten thousand dollars ($10,000.00) over a long period of time to put in our street and sidewalk plan?" Mr. Stevenson stated, "Yes." Manager McLemore then noted, "Isn't that a fair deal?" Commissioner Krebs commented, "Yes." Commissioner McGinnis remarked, "Yes." Mayor Bush stated, "So you are suggesting the City pay for the sidewalk?" Manager McLemore remarked, "I'm suggesting that at some point in time as we build out that section, when we put the sidewalk in, in return for their agreement to give us - the Easement for recreation purposes as a pocket park." Commissioner McGinnis agreed and stated, "Okay." "I MAKE THE MOTION THAT WE ASK FOR A FUTURE EASEMENT ON THE RETENTION POND FOR A RECREATION AREA AND IN LIGHT OF THAT, WE WOULD - THE CITY WOULD RUN THE SIDEWALKS AT SOME FUTURE TIME AS REQUIRED." MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER BROWN NOTED, "IS THERE ANY REASON WHY THAT WOULDN'T BE ACCEPTABLE TO THE APPLICANT? NO? OKAY." cr=:':"" i>-~ \~~~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2008 PAGE 18 OF 24 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. Discussion. Mr. Stevenson said, "The bicycle rack currently exists right here, in the main entrance. They have agreed to move that at some point. That would be one of the points of negotiation between Staff and the Applicant; probably to an area, maybe over in here by this walkway, or something a little more appropriate than right in this main entrance to this entrance plaza from the building there." Deputy Mayor Gilmore, "Why do they need a bicycle rack?" Continuing, Mr. Stevenson explained, "We don't know what else will be in this particular building." Furthermore, Mr. Stevenson noted, "The pedestrian nature of the Town Center has certain elements into it, one of those is bike racks. The Applicant had put in a single bike rack. We had talked with them and we felt like the location was inappropriate." Manager McLemore stated, "Overall, it is part of the Town Center design to encourage bike traffic and bike use." "I WOULD LIKE TO MAKE A MOTION THAT STAFF CONTINUE TO WORK WITH THE APPLICANT ON THE FINAL ITEMS THAT ARE OUTSTANDING ON THIS." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. MR. STEVENSON STATED, "I THINK WE'RE CLOSE ENOUGH BASED UPON TONIGHT, BUT IF YOU WOULD ALLOW US TO WORK WITH THEM ON THESE FINAL ITEMS AND APPROVE WHAT WE HAVE. THAT'S WHAT WE WOULD PREFER, IS NOT TO HAVE TO BRING IT BACK TO YOU." COMMISSIONER BROWN RESTATED HIS MOTION, "THAT STAFF CONTINUE TO WORK WITH THE APPLICANT AND BRING THIS ITEM TO A CLOSE, AS MUTUALLY AGREEABLE TO BOTH PARTIES." MR. STEVENSON ADDED, "YOU WILL BE SEEING, DEPENDENT UPON THOSE NEGOTIATIONS, YOU WILL BE SEEING A DEVELOPMENT AGREEMENT COME BACK TO YOU ON THIS PARTICULAR ITEM." SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. (~ t~~~ f.'lt~r~.J I CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2008 PAGE 19 OF 24 VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 601. Public Works Department Requests The City Commission Review And Approve The Combined Preliminary And Final Engineering/Site Plan For The Proposed St. Johns River Water Management District Solary Canal Stormwater Treatment Area On Approximately 28.9 Acres, Located On The East Side Of DeLeon Street In The City Of Winter Springs. Mr. Fields commented on this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Ed Riday, 1626 Wrentham Court, Winter Springs, Florida: noted that he was representing several homeowners, and noted, "Brian (Fields) - we have been dealing with him a lot. He has been very friendly and helping us, meeting with us. Coming out to our houses and explaining what is going to happen. And, we all, the Homeowners like what is going to happen. The only concern we have is protection from alligators." Mr. Riday added, "We just want to make sure there's a requirement that the black chain link fence be built; that it is down to the ground so that alligators can't get under it, and that it is painted black, and that it is not on the property line. We wish it back at least five - ten feet (5 -10') from the property line." As to the best fence height, Mr. Riday commented, "We all agree with six [feet] (6') is fine." With additional comments, Mr. Riday commented, "We also want to make sure it's not right on the property line." "I AM GOING TO MAKE A MOTION THAT STAFF WORK WITH THE HOMEOWNERS TO MAKE SURE THAT THE FINAL PLAN INCLUDES THEIR CONCERNS AND ADDRESSES THEM APPROPRIATELY." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2008 PAGE 20 OF 24 DEPUTY MAYOR GILMORE ADDED, "WHEN YOU PUT A FENCE INSIDE THE PROPERTY LINE, YOU CREATE A NO-MAN'S LAND OF MAINTENANCE. AND, I THINK ANYTHING YOU DO IN THERE, YOU ARE GOING TO NEED TO PUT THAT IN SOME DEVELOPMENT ORDER IN THAT AS TO RESPONSIBILITY; BUT THEN AGAIN, YOU HAVE TO BE CAUTIOUS, BECAUSE THEY TAKE CARE OF IT FOR TWENTY (20) YEARS, THEN THEY CAN CLAIM IT AS THEIR OWN PROPERTY." Tape 4/Side A Mr. Riday added, "No one is going to maintain it." Furthermore, Mr. Riday explained, "It's all natural. I'm not going to do anything to it." Additionally, Mr. Riday commented, "No, we're not going to make it part of our yards." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. REGULAR 602. Office Of The City Manager ADD-ON Requesting The City Commission To Review The Facts Surrounding An Insurance Issue Related To Fire Consolidation. Mr. Smith spoke on this Agenda Item. Discussion. "I WANT TO MAKE A MOTION THAT WE APPROVE ST AFF'S RECOMMENDATION ON THIS." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. COMMISSIONER BROWN ADDED, "STAFF'S RECOMMENDATION IS THERE IS NO BASIS FOR THE CITY TO GET INVOLVED IN THIS MATTER, SINCE THE COUNTY HAS ALREADY AGREED TO ABSORB THE EMPLOYER COST FOR THE OCTOBER DEPENDENT COVERAGE. THEREFORE, IT IS RECOMMENDED THAT THE REQUEST FOR THE CITY TO PAY SUCH A REDUNDANT EXPENSE BE DENIED." ~ \'l<:;.;;;:~l'J ~~~'<;:':<T:~ lfi,;:!Y~A;;!..'(;'''' '{,4, '.' ;", '''' ~':': ,,;"{,f'.-'~ ";:"', CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2008 PAGE 21 OF 24 DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISIONER BROWN: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA. .:..:. REGULAR AGENDA REGULAR 606. Office Of The City Manager ADD-ON Requesting The City Commission To Review A Request Of The Fire Department To Give Firemen Consolidating One Day Of Vacation Or Sick Leave Credit On Their Last Paycheck. This Agenda Item was presented by ML Smith. "I AM GOING TO MAKE A MOTION THAT WE APPROVE THE REQUEST ON THIS ONE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH NOTED, "THE MOTION IS TO APPROVE - GIVE THE FIREMEN THE ABILITY TO CONSOLIDATE ONE DAY OF VACATION OR SICK LEAVE CREDIT ON THEIR LAST PAYCHECK." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. ._"",,,,a %.....~ i>-'~' ,.~.-..... ~~-'~.:i\~~ %~~:::w~~~:~ "'ic":>;':' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2008 PAGE 22 OF 24 REGULAR 603. Information Services Department Requests The Commission Discuss Chambers Audio System Issues And Provide Direction As To How They Wish To Proceed. Ms, Joanne Dalka, Director, Information Services Department spoke on this Agenda Item. Discussion. Mayor Bush said, "I think Commissioners, I think that we have to make an effort to lean forward, speak into the mic[rophone], turn your mic[rophone] on - I try to watch that as much as I can and then when you are not recognized to speak, don't talk - or turn your mic[rophone] off, so it doesn't pick you up." "I WAS GOING TO MAKE A MOTION THAT WE DO NOT CONSIDER THIS AT THIS TIME." MOTION MADE BY COMMISIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: NAY MOTION CARRIED. REGULAR 604. Information Services Department Requests The Commission Consider e-Alerts As A Method Of Email Communication With Residents; Determine Which Lists Are To Be Added To The System; And Determine How email Addresses Should Be Collected To Be Added To The System. Ms. Dalka addressed the City Commission on this Agenda Item. Commissioner Krebs suggested that Ms. Dalka add to the Website, "If we agree to this, and somebody is going to sign up, that by Law their email address could be shared." Ms, Dalka noted, "We have that at the bottom, however, we felt that we were going to tweak that a little bit - especially on the pages for e-Alerts and for this - whatever new list that we have, We have that on every page of our Website." ()rii1'1L~~ ,._.,.,.-u-i!, '~ ~~~~:!~] CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2008 PAGE 23 OF 24 Furthermore, Commissioner Krebs added, "I am just afraid they are not going to see that part." Ms. Dalka added, "We'll put it up in the body - up where they can see it." Commissioner McGinnis suggested, "That was exactly my concern; and 1 think it should be prominently displayed where you are more likely to see it, than not see it. They have to understand that - their email will be a matter of public record. We have to make every effort that that is prominent." Further discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE WITH THE REQUEST THAT JOANNE (DALKA) AND HER STAFF COME BACK WITH SOME REFINED RECOMMENDATIONS AS TO LISTS AND I AM SURE THAT YOU CAN WORK WITH THE CITY MANAGER, AND THAT YOU PROBABLY KNOW THE LIST THAT WE WOULD BE MOST LIKELY TO BE REQUESTING; AND THAT WE COME BACK WITH THE OPERATION OF THE SYSTEM TO ASSURE THE REST OF THE COMMISSION, HOW CITIZENS WILL BE ABLE TO BE PROTECTED AND THEIR PRIVACY PROTECTED IF THEY CHOOSE NOT TO PARTICIPATE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 605. Office Of The City Clerk Requests The City Commission Consider Requested Information Regarding The Current Performance Review For The City Clerk Due September 27,2008. City Clerk Lorenzo-Luaces briefly introduced this Agenda Item. Mayor Bush stated, "I think Andrea (Lorenzo-Luaces) is to be congratulated for her professionalism and her efforts to become even more professional." Commissioner Krebs stated, "Yes." Commissioner McGinnis remarked, "Yes." Mayor Bush added, "I think it speaks well for the Commission who have hired such a progressive Clerk." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2008 PAGE 24 OF 24 "MOTION TO GIVE ANDREA (CITY CLERK LORENZO-LUACES) FOUR PERCENT (4%) INCREASE." MOTION MADE BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. City Clerk Lorenzo-Luaces thanked the City Commission, In other City business, further brief discussion followed on the Budget process, ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 9:32 p,m, RESPECTFULLY SUBMITTED: LaDONNA SLA YTER, ASSIST ANT TO THE CITY CLERK AND ANDREA LORENZO-LUACES, MMC CITY CLERK APPROVED: MA YOR JOHN F, BUSH NOTE: These Minutes were approved at the ,2008 Regular City Commission Meeting, CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 22, 2008 CALL TO ORDER The Regular Meeting of Monday, September 22, 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, 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, present A moment of silence was followed by the Pledge of Allegiance. • • AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM "500" WAS DISCUSSED NEXT, AND LATER IN THE MEETING, AS SHOWN ON PAGES 10-11 OF THESE MINUTES. • • PUBLIC HEARINGS AGENDA (PART I) PUBLIC HEARINGS 500. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2008-47, Which Establishes The Final Operating Millage Rate And The Final Voted Debt Service Millage Rate For Fiscal Year 2008- 2009 For The City Of Winter Springs. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Edward Martinez, Jr., 205 Little CYeek Lane, Winter Springs, Florida: suggested ways the City Commission could cut costs. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 22, 2008 PAGE 2 OF 24 Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: commented on the Spreadsheets that Mayor Bush put together. Mr. Michel Champagne, 202 Arrowhead Court, Winter Springs, Florida: representing the Arrowhead community, Mr. Champagne spoke on the Millage, and what type of services residents get. Note: Due to technical difficulties, the next audiotape was used. Tape 2/Side A Mr. Arsenio Calle, 110 Arrowhead Court, Winter Springs, Florida: remarked about increased taxes; suggested that a Citizen Committee be formed; and recommended that the City Commission go back to 2005 levels. Discussion. Ms. Dorothy Benson, 220 Arrowhead Court, Winter Springs, Florida: spoke of being on a fixed income; supporting the Fire Department; and the tough market. Ms. Jean Hovey, 549 Brookside Drive, Winter Springs, Florida: suggested the City Commission do what citizens suggest. Ms. Mary Alice Wilder, 710 Boysenberry Court, Winter Springs, Florida: spoke on behalf of a volunteer Committee wanting to work on revenue-neutral Events and to help with sponsorship opportunities. Mr. Stuart Knoll, 201 Arrowhead Court, Winter Springs, Florida: remarked about increased taxes, Millage Rates; outside sponsors for community events; and outsourcing or similar ideas to save taxpayers money. Mr. Tom Armstrong, 103 Ashford Drive, Winter Springs, Florida: commented on the Fire Consolidation; exchange of costs; and asked the City Commission to make taxes more equitable across the board. Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: mentioned a spreadsheet he had prepared for the City Commission. Ms. Avery Knoll, 201 Arrowhead Court, Winter Springs, Florida: commented on the base; revenue; and suggested the City work with other similar communities in dealing with issues in Tallahassee. Mayor Bush closed the "Public Input" portion of the Agenda Item. Much discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 22, 2008 PAGE 3 OF 24 Tape 2/Side B Commissioner Robert S. Miller commented for the Record about his preference for the suggested two (2) new Police Officers. "MOTION THAT WE ACCEPT THE CITY MANAGER'S RECOMMENDATION NUMBER `1' WITH THE EXCEPTION OF THE IMPLEMENTATION OF THE CODY STUDY FOR .0149 MILLS; THE IMPLEMENTATION OF THE COMPRESSION ADJUSTMENT FOR .0759 MILLS; AND WITHOUT THE 4TH OF JULY CELEBRATION FOR A MILEAGE REDUCTION OF - .0297 WHICH LEAVES US WITH A TOTAL OPERATING MILEAGE OF 2.4937 OR A .5401 REDUCTION FROM OUR TENTATIVE MILEAGE STATED IN THE TRIM NOTICE." MOTION BY COMMISSIONER BROWN. MOTION DIED FOR LACK OF A SECOND. Discussion. Mayor Bush called a Recess at 6:25 p. m. The Regular Meeting was called back to Order at 6: 36 p. m. Further discussion. City Manager Ronald W. McLemore addressed the City Commission. Discussion ensued with Mr. Kevin Smith, Director, General Services Department addressed the City Commission on several scenarios related to the Millage. "I NEED TO MAKE A MOTION THAT WE APPROVE A THREE PERCENT (3%) ACROSS THE BOARD, A HUNDRED FIFTY-THREE THOUSAND, THREE HUNDRED TWENTY-FIVE [DOLLARS] ($153,325.00) FOR COMPRESSION ADJUSTMENT, FIFTEEN THOUSAND [DOLLARS] ($15,000.00) FOR LOT CLEARING AND A HUNDRED SEVENTEEN THOUSAND, FIVE HUNDRED SIXTY-FOUR [DOLLARS] ($117,564.00) FOR TWO (2) POLICE OFFICERS." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 22, 2008 PAGE 4 OF 24 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: NAY DEPUTY MAYOR GILMORE: NAY COMMISSIONER KREBS: NAY MOTION DID NOT CARRY. Mayor Bush called a Recess at 6:59 p. m. The Regular Meeting was called back to Order at 7:15 p. m. Tape 3/Side A Much discussion continued. With a discussion on various items, Mayor Bush asked, "What about across the board - three percent (3%)?" Commissioner Rick Brown stated, "Three percent (3%)." Commissioner Sally McGinnis noted, "Three [percent] (3%)." Mayor Bush pointed out, "We have three (3) people who say three [percent] (3%)." Discussion. Mayor Bush asked about "Lot clearing?" Commissioner Brown said, "Yes." Commissioner McGinnis remarked, "Absolutely." No objections were heard. Mayor Bush clarified, "Lot clearing is in there." Mayor Bush stated, "The Fire Department position had been taken care of. It should not be up there. That -person has taken another job in the City that is already funded, so it is not a new position." With further comments, Mr. Smith explained that three percent (3%) Merit -three [percent] (3%) across the board and the lot clearing - 2.4714. "I WOULD LIKE TO MAKE THAT MOTION THAT WE SET THE MILEAGE AT 2.4714." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH ADDED, "THE MERIT WAS AT ZERO -THREE PERCENT (0- 3%) -THREE PERCENT (3%) ACROSS THE BOARD INCREASE FOR ALL EMPLOYEES, AND THE LOT CLEARING -WHICH COMES DOWN TO THE 2.4714." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 22, 2008 PAGE 5 OF 24 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY DEPUTY MAYOR GILMORE: NAY MOTION CARRIED. Mayor Bush called a Recess. The Regular Meeting was called back to Order by Mayor Bush. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Proiects. This Agenda Item was not discussed. MOTION TO APPROVE INFORMATIONAL AGENDA. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CONSENT AGENDA MOTION. CONSENT 200. Public Works Department Requests The City Commission Validate The Staff Recommendation Finding The Town Center Building 17 Site To Be Built In Substantial Accordance With The Final Engineering Plans And To Accept The Potable Water And Sanitary Sewer Infrastructure For Ownership And Maintenance. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 22, 2008 PAGE 6 OF 24 CONSENT 201. Public Works Department - Stormwater Division Requesting Authorization To Enter Into A Contract Agreement With Lake Masters Aquatic Weed Control, Inc. For Aquatic Weed Control And Maintenance Services Of Certain Ponds. This Agenda Item was not discussed. CONSENT 202. Utility/Public Works Department Requesting Approval To Award Bid #ITB-013/08/KL And Enter Into A Contract To Construct The Two Remaining Utility/Public Works Storage Buildings. There was no discussion on this Agenda Item. CONSENT 203. Parks And Recreation Department Requesting Authorization To Award The Contract For Landscape Maintenance And Chemical Services For Winter Springs Neighborhood Parks. No discussion. CONSENT 204. Office Of The City Clerk Approval Of The September 2, 2008 City Commission Workshop Minutes. This Agenda Item was not discussed. CONSENT 205. Office Of The City Clerk Approval of the September 8, 2008 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 206. Office Of The City Clerk Approval Of The September 15, 2008 City Commission Workshop Minutes. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 22, 2008 PAGE 7 OF 24 CONSENT 207. Information Services Department Requests The Commission Authorize The City Manager To Enter Into A Contract With Pride Enterprises For The Outsourcing Of Imaging Services And The Expenditure Of $50,000.00 Which Is Already Budgeted For The Records Management Project. Brief discussion. MOTION TO APPROVE CONSENT AGENDA. MOTION. SECONDED. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor Presentation Of A Proclamation Recognizing "Mental Illness Awareness Week" Mayor Bush presented a Proclamation in honor of "Mental Illness Awareness Week". Discussion followed on a related Event in Altamonte Springs on October 1 1, 2008. AWARDS AND PRESENTATIONS 301. Oviedo-Winter Springs Regional Chamber Of Commerce ADD-ON Oviedo-Winter Springs Regional Chamber Of Commerce Wishes To Present The City Of Winter Springs With An Award. Mr. Charles Lacey and Ms. Brenda Hayes Brown presented a framed poster of the 2008 Festival of the Arts to the City. Mayor Bush noted, "Andrea (Lorenzo-Luaces, City Clerk) will find an appropriate place for this." Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 22, 2008 PAGE 8 OF 24 REPORTS REPORTS 400. Office Of The City Attorney -Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager -Ronald W. McLemore Manager McLemore stated, "We've got about eighty percent (80%) of the Fall Harvest committed. I am pretty confident we can commit to the rest - we can get the rest of it. My question to you is with that commitment, are you comfortable with going ahead or do we still need to wait?" With further comments, Manager McLemore noted, "We're about two thousand dollars ($2,000.00) of£" "I MOVE VVE MOVE FORWARD -COMMIT TO PROCEED WITH THE HOMETOWN HARVEST." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, CMC No Report. REPORTS 403. Commission Seat Two -Rick Brown Commissioner Brown commented on the 2"d Annual "Jingle Bell SK" scheduled for Saturday, December 13, 2008 and that we are open for registering runners and would accept Sponsors. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 22, 2008 PAGE 9 OF 24 REPORTS 404. Commission Seat Three/Deputy Mayor -Donald A. Gilmore Deputy Mayor Donald A. Gilmore commented about the offer during Public Input to form a Committee to find Sponsors for Special Events to represent the City Commission. Manager McLemore said, "You need to bring this back as an Agenda Item with a Resolution creating an entity and we need to figure out -because we are about to go out the door with the RFP (Request for Proposal) on the other person -how this all works together. But if you want to create this Committee, then you are going to need to do it by Resolution of the City." Mayor Bush suggested, "At the next regularly scheduled Meeting." Manager McLemore stated, "Okay." REPORTS 405. Commission Seat Four -Sally McGinnis Commissioner McGinnis commented further on a proposed Committee to find Sponsors for Special Events and Commissioner McGinnis suggested these people need something in writing from the City. Manager McLemore noted, "There's nothing to stop them from going out and saying they're soliciting money and they should have something in their hands..." Commissioner McGinnis remarked, "...That is the issue." Manager McLemore then asked, "Are they going to hold money; are they going to send it to the City?" Commissioner McGinnis then asked Manager McLemore, "Would you work with Chris (Carson, Parks and Recreation Department)?" Manager McLemore replied, "I'd be more than happy to." Secondly, Commissioner McGinnis commented about the helicopter pad at the South Seminole Hospital on State Road 434. REPORTS 406. Commission Seat Five -Joanne M. Krebs No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 22, 2008 PAGE I 0 OF 24 REPORTS 407. Office Of The Mayor -John F. Bush Mayor Bush stated, "Susie (Coffman, Senior Center Manager, Parks and Recreation Department) had sent me a Memo about - a walk through at the Senior Center over the Therapy Pool and the renovations there." Mayor Bush said to City Clerk Lorenzo- Luaces, "Would you make sure the Commissioners all know the time of that walk- through." REPORTS 408. Commission Seat One -Robert S. Miller No Report. • • AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS "500" AND "501" WERE DISCUSSED NEXT. PUBLIC HEARINGS AGENDA ITEM "500" WAS ALSO DISCUSSED PREVIOUSLY, AS NOTED ON PAGES 1-5 OF THESE MINUTES. • • PUBLIC HEARINGS AGENDA (PART I) PUBLIC HEARINGS 500. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2008-47, Which Establishes The Final Operating Millage Rate And The Final Voted Debt Service Millage Rate For Fiscal Year 2008- 2009 For The City Of Winter Springs. City Attorney Anthony A. Garganese stated for the Record, "I need to publicly announce the Final Operating Millage rate of 2.4714 Mills, is 32.31 percent less than the computed Rolled-Back Rate of 3.6512." "I WOULD LIKE TO MAKE A MOTION THAT THE CITY OF WINTER SPRINGS ADOPT RESOLUTION 2008-47 ESTABLISHING THE FINAL OPERATING MILEAGE RATE AT 2.4714 MILLS, ESTABLISHING THE VOTED DEBT SERVICE AT .1100 MILLS AND PUBLICLY ANNOUNCE THAT THE FINAL OPERATING MILEAGE IS 32.31 PERCENT LESS THAN THE COMPUTED ROLLED-BACK RATE OF 3.6512 MILLS." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH NOTED, "I WILL GIVE A COPY OF THIS TO THE CLERK." CITY OF WINTER SPRINGS, FLORIDA MINUTES C[TY COMMISSION REGULAR MEETING -SEPTEMBER 22, 2008 PAGE 11 OF 24 VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: NAY COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: NAY MOTION CARRIED. 501. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2008-48, Establishing The Final Budget For Fiscal Year 2008-2009. Ms. Michelle Greco, Director, Finance Department addressed the City Commission on this Agenda Item. Continuing, Ms. Greco explained, "Adoption of the Millage rate of 2.4714 mills and a Voted Debt Service Millage Rate of .1100 Mills -gives us total expenditures in this Final Budget of General Fund seventeen million, four hundred and sixty thousand, two hundred and ninety-two dollars ($17,460,292.00), other Governmental Funds of twenty million, sixteen thousand seven hundred and sixty-nine dollars ($20,016,769.00) and Enterprise Funds of twelve million, eight hundred thirty-three thousand, five hundred forty-four dollars ($12,833,544.00), for a total Budget of fifty million, three hundred and ten thousand, six hundred and five dollars ($50,310,605.00)." 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 ADOPT RESOLUTION NUMBER 2008-48 IN THE AMOUNT STATED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR BUSH NOTED, "MICHELLE (GRECO), WOULD YOU MAKE SURE THOSE NUMBERS THAT YOU READ OFF WERE FILLED IN AND GIVE IT TO THE CLERK, SO, THAT SHE RECORDS IT ACCURATELY." MS. GRECO STATED, "YES, SIR." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 22, 2008 PAGE 12 OF 24 VOTE: COMMISSIONER KREBS: NAY DEPUTY MAYOR GILMORE: NAY COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Deputy Mayor Gilmore asked that copies of the Resolution be placed in their mail boxes tomorrow. PUBLIC INPUT No one addressed the City Commission at this time. PUBLIC HEARINGS AGENDA (PART II) PUBLIC HEARINGS 502. Office Of The City Attorney Second Reading And Adoption Of Ordinance 2008-15, Authorizing The Inclusion Of The City In Seminole County's Fire And Emergency Services Municipal Taxing Unit. Attorney Garganese read the Ordinance by "Title" only. 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 (ORDINANCE 2008-15)." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 22, 2008 PAGE 13 OF 24 PUBLIC HEARINGS 503. Community Development Department -Planning Division Requests The City Commission Conduct A Public Hearing For The 2"d Reading And Adoption Of Ordinance 2008-17, Annexing A Parcel Located At 1072 West SR [State Road] 434 (East Of SR (State Road] 417), Equaling Approximately 7.06 Acres And Owned By East Coast Believers Church Inc. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Montje S. Plank, P.E., Senior Vice President, Central Florida Land Design Corporation, 800 North Maitland Avenue, Suite 110, Maitland, Florida: briefly addressed the City Commission. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE (ORDINANCE 2008-17)." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 504. Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing For First Reading Of Ordinance 2008-12, Which Rezones Two (2) Parcels Containing 28.9 Gross Acres, More Or Less, Located At 1900 DeLeon Street (The Southwest Corner Of DeLeon Street And Howard Avenue) From (Seminole County) "A-3 Agricultural" To (City Of Winter Springs) "R-C1 Single Family Dwelling District" (Min. [Minimum] Lot Size-1 Acrel. Mayor Bush stated, "Can we have a Motion to read by `Title' only?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 22, 2008 PAGE 14 OF 24 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke on this Agenda Item. Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department briefly addressed the City Commission. Discussion Tape 3/Side B Further brief discussion. "MOTION TO APPROVE (ORDINANCE 2008-12)." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 22, 2008 PAGE 15 OF 24 PUBLIC HEARINGS 505. Community Development Department Request The Commission Consider The Aesthetic Review For A 4,232 S.F. (Square Foot) Single Story Office/Retail Building, A 320 S.F. (Square Foot) Storage Building, And Other Site Improvements On APie-Shaped 0.73 Acre Property At The Northeast Corner Of SR (State Road) 434 And Central Winds Drive (Also Abuts Central Winds Parkway a.k.a. [Also Known As] Old SR [State Road] 434), Within The Town Center. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department introduced this Agenda Item. Mr. Bill Starmer, Starmer Ranaldi Planning and Architecture, Inc., 820 West Broadway Street, Suite 3000, Oviedo, Florida: spoke briefly on this Agenda Item. Manager McLemore stated, "What we're asking you to do is to just give us the authority to work these things out - we don't have to come back to you. Of course, the Applicant can come back if he is not satisfied." Mayor Bush said, "Just work it out." Commissioner McGinnis noted, "That is good." Commissioner Miller noted that "This property here is all school property and this is the access road, Tuskawilla Road -right there, it says `Not accessible'," which means you can't get on to [State Road] 434 there. Is there some possibility that will be opened up at some point in the future?" Manager McLemore answered, "Yes. Not a road, but a sidewalk, or something of that nature. That is one of the things we have to negotiate." Commissioner Miller continued, "You could really put a real nice feature in there -you obviously would have to get some land from the School Board, and I am not sure they would be willing to give it up, but even if they weren't, maybe some kind of an Agreement that we could use it for, like a pocket park that we were talking about." 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 22, 2008 PAGE 16 OF 24 "I WOULD LIKE TO MAKE A MOTION THAT WE ALLOW STAFF AND THE APPLICANT TO CONTINUE WORKING ON THESE FINAL ITEMS AND THAT THE APPLICANT FEEL EMPOWERED TO COME BACK BEFORE THIS COMMISSION, IF THEY FEEL THEY ARE BOGGED DOWN INAPPROPRIATELY." MOTION BY COMMISSIONER BROWN. 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. Mr. Stevenson asked, "If I could clarify that, that Motion was for Approval and to empower Staff to work out our..." Mayor Bush noted, "...Yes. Work it out." Commissioner Miller departed the Regular Meeting at 8: 40 p. m. REGULAR AGENDA REGULAR 600. Community Development Department Requests The Commission Consider The Final Engineering/Site Plan For A 4,232 S.F. (Square Foot) Single Story Office/Retail Building, A 320 S.F. (Square Foot) Storage Building, And Other Site Improvements On APie-Shaped 0.73 Acre Property At The Northeast Corner Of SR (State Road) 434 And Central Winds Drive (Also Abuts Central Winds Parkway a.k.a. [Also Known As] Old SR [State Road] 434), Within The Town Center. Mr. Stevenson addressed the City Commission on this Agenda Item. Mr. Bill Starmer, Starmer Ranaldi Planning and Architecture, Inc., 820 West Broadway Street, Suite 3000, Oviedo, Florida: spoke on the sidewalks situation. Mr. Brian Fields, P.E., City Engineer, Public Works Department commented on sidewalks. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 22, 2008 PAGE l7 OF 24 Mayor Bush suggested, "We need to ask the school to finish building that sidewalk." Mr. Stevenson stated, "Granted, this is an incremental piece to a network that currently doesn't exist, but it is an incremental piece, and it is a requirement of your Comprehensive Plan." Deputy Mayor Gilmore proposed, "Can we not write it into the Development Order or form that says that in the future, if there is a need for it, then the Developer will put the sidewalk in." Mr. Stevenson remarked, "Once Staff works with the Applicant and we iron all this out, one of the items that does have to come back to you is the DA (Development Agreement) for this project." Discussion. Further, Mr. Stevenson noted, "There is no intended use once you get beyond this entrance here - it does come in this way; it does attach to an existing sidewalk; it does become a part of a network; although a lot of that network as Brian (Fields) said, is not in place at this time, and a lot of that network would need to be on school property." Commissioner McGinnis remarked, "I do agree with Commissioner Gilmore. My question is, how do you establish the need down the line?" Manager McLemore said, In the overall plan for your Town Center, there's a sidewalk coming all the way through there, around the pond area." Manager McLemore added, "We're asking them to give us an Easement over that property for a pocket park. Is that not worth ten thousand dollars ($10,000.00) over a long period of time to put in our street and sidewalk plan?" Mr. Stevenson stated, "Yes." Manager McLemore then noted, "Isn't that a fair deal?" Commissioner Krebs commented, "Yes." Commissioner McGinnis remarked, "Yes." Mayor Bush stated, "So you are suggesting the City pay for the sidewalk?" Manager McLemore remarked, "I'm suggesting that at some point in time as we build out that section, when we put the sidewalk in, in return for their agreement to give us -the Easement for recreation purposes as a pocket park." Commissioner McGinnis agreed and stated, "Okay." "I MAKE THE MOTION THAT WE ASK FOR A FUTURE EASEMENT ON THE RETENTION POND FOR A RECREATION AREA AND IN LIGHT OF THAT, WE WOULD -THE CITY WOULD RUN THE SIDEWALKS AT SOME FUTURE TIME AS REQUIRED." MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER BROWN NOTED, "IS THERE ANY REASON WHY THAT WOULDN'T BE ACCEPTABLE TO THE APPLICANT? NO? OKAY." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 22, 2008 PAGE 18 OF 24 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. Discussion. Mr. Stevenson said, "The bicycle rack currently exists right here, in the main entrance. They have agreed to move that at some point. That would be one of the points of negotiation between Staff and the Applicant; probably to an area, maybe over in here by this walkway, or something a little more appropriate than right in this main entrance to this entrance plaza from the building there." Deputy Mayor Gilmore, "Why do they need a bicycle rack?" Continuing, Mr. Stevenson explained, "We don't know what else will be in this particular building." Furthermore, Mr. Stevenson noted, "The pedestrian nature of the Town Center has certain elements into it, one of those is bike racks. The Applicant had put in a single bike rack. We had talked with them and we felt like the location was inappropriate." Manager McLemore stated, "Overall, it is part of the Town Center design to encourage bike traffic and bike use." "I WOULD LIKE TO MAKE A MOTION THAT STAFF CONTINUE TO WORK WITH THE APPLICANT ON THE FINAL ITEMS THAT ARE OUTSTANDING ON THIS." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. MR. STEVENSON STATED, "I THINK WE'RE CLOSE ENOUGH BASED UPON TONIGHT, BUT IF YOU WOULD ALLOW US TO WORK WITH THEM ON THESE FINAL ITEMS AND APPROVE WHAT WE HAVE. THAT'S WHAT WE WOULD PREFER, IS NOT TO HAVE TO BRING IT BACK TO YOU." COMMISSIONER BROWN RESTATED HIS MOTION, "THAT STAFF CONTINUE TO WORK WITH THE APPLICANT AND BRING THIS ITEM TO A CLOSE, AS MUTUALLY AGREEABLE TO BOTH PARTIES." MR. STEVENSON ADDED, "YOU WILL BE SEEING, DEPENDENT UPON THOSE NEGOTIATIONS, YOU WILL BE SEEING A DEVELOPMENT AGREEMENT COME BACK TO YOU ON THIS PARTICULAR ITEM." SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 22, 2008 PAGE 19 OF 24 VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 601. Public Works Department Requests The City Commission Review And Approve The Combined Preliminary And Final Engineering/Site Plan For The Proposed St. Johns River Water Management District Solary Canal Stormwater Treatment Area On Approximately 28.9 Acres, Located On The East Side Of DeLeon Street In The City Of Winter Springs. Mr. Fields commented on this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Ed Riday, 1626 Wrentham Court, Winter Springs, Florida: noted that he was representing several homeowners, and noted, "Brian (Fields) - we have been dealing with him a lot. He has been very friendly and helping us, meeting with us. Coming out to our houses and explaining what is going to happen. And, we all, the Homeowners like what is going to happen. The only concern we have is protection from alligators." Mr. Riday added, "We just want to make sure there's a requirement that the black chain link fence be built; that it is down to the ground so that alligators can't get under it, and that it is painted black, and that it is not on the property line. We wish it back at least five -ten feet (5 -10') from the property line." As to the best fence height, Mr. Riday commented, "We all agree with six [feet] (6') is fine." With additional comments, Mr. Riday commented, "We also want to make sure it's not right on the property line." "I AM GOING TO MAKE A MOTION THAT STAFF WORK WITH THE HOMEOWNERS TO MAKE SURE THAT THE FINAL PLAN INCLUDES THEIR CONCERNS AND ADDRESSES THEM APPROPRIATELY." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 22, 2008 PAGE 20 OF 24 DEPUTY MAYOR GILMORE ADDED, "WHEN YOU PUT A FENCE INSIDE THE PROPERTY LINE, YOU CREATE A NO-MAN'S LAND OF MAINTENANCE. AND, I THINK ANYTHING YOU DO IN THERE, YOU ARE GOING TO NEED TO PUT THAT IN SOME DEVELOPMENT ORDER IN THAT AS TO RESPONSIBILITY; BUT THEN AGAIN, YOU HAVE TO BE CAUTIOUS, BECAUSE THEY TAKE CARE OF IT FOR TWENTY (20) YEARS, THEN THEY CAN CLAIM IT AS THEIR OWN PROPERTY." Tape 4/Side A Mr. Riday added, "No one is going to maintain it." Furthermore, Mr. Riday explained, "It's all natural. I'm not going to do anything to it." Additionally, Mr. Riday commented, "No, we're not going to make it part of our yards." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. REGULAR 602. Office Of The City Manager ADD-ON Requesting The City Commission To Review The Facts Surrounding An Insurance Issue Related To Fire Consolidation. Mr. Smith spoke on this Agenda Item. Discussion. "I WANT TO MAKE A MOTION THAT WE APPROVE STAFF'S RECOMMENDATION ON THIS." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. COMMISSIONER BROWN ADDED, "STAFF'S RECOMMENDATION IS THERE IS NO BASIS FOR THE CITY TO GET INVOLVED IN THIS MATTER, SINCE THE COUNTY HAS ALREADY AGREED TO ABSORB THE EMPLOYER COST FOR THE OCTOBER DEPENDENT COVERAGE. THEREFORE, IT IS RECOMMENDED THAT THE REQUEST FOR THE CITY TO PAY SUCH A REDUNDANT EXPENSE BE DENIED." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 22, 2008 PAGE 21 OF 24 DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISIONER BROWN: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. •• AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA. • • REGULAR AGENDA REGULAR 606. Office Of The City Manager ADD-ON Requesting The City Commission To Review A Request Of The Fire Department To Give Firemen Consolidating One Day Of Vacation Or Sick Leave Credit On Their Last Paycheck. This Agenda Item was presented by Mr. Smith. "I AM GOING TO MAKE A MOTION THAT WE APPROVE THE REQUEST ON THIS ONE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH NOTED, "THE MOTION IS TO APPROVE -GIVE THE FIREMEN THE ABILITY TO CONSOLIDATE ONE DAY OF VACATION OR SICK LEAVE CREDIT ON THEIR LAST PAYCHECK." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 22, 2008 PAGE 22 OF 24 REGULAR 603. Information Services Department Requests The Commission Discuss Chambers Audio System Issues And Provide Direction As To How Thev Wish To Proceed. Ms. Joanne Dalka, Director, Information Services Department spoke on this Agenda Item. Discussion. Mayor Bush said, "I think Commissioners, I think that we have to make an effort to lean forward, speak into the mic[rophone], turn your mic[rophone] on - I try to watch that as much as I can and then when you are not recognized to speak, don't talk - or turn your mic[rophone] off, so it doesn't pick you up." "I WAS GOING TO MAKE A MOTION THAT WE DO NOT CONSIDER THIS AT THIS TIME." MOTION MADE BY COMMISIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: NAY MOTION CARRIED. REGULAR 604. Information Services Department Requests The Commission Consider e-Alerts As A Method Of Email Communication With Residents; Determine Which Lists Are To Be Added To The System; And Determine How email Addresses Should Be Collected To Be Added To The System. Ms. Dalka addressed the City Commission on this Agenda Item. Commissioner Krebs suggested that Ms. Dalka add to the Website, "If we agree to this, and somebody is going to sign up, that by Law their email address could be shared." Ms. Dalka noted, "We have that at the bottom, however, we felt that we were going to tweak that a little bit -especially on the pages for e-Alerts and for this -whatever new list that we have. We have that on every page of our Website." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 22, 2008 PAGE 23 OF 24 Furthermore, Commissioner Krebs added, "I am just afraid they are not going to see that part." Ms. Dalka added, "We'll put it up in the body - up where they can see it." Commissioner McGinnis suggested, "That was exactly my concern; and I think it should be prominently displayed where you are more likely to see it, than not see it. They have to understand that -their email will be a matter of public record. We have to make every effort that that is prominent." Further discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE WITH THE REQUEST THAT JOANNE (DALKA) AND HER STAFF COME BACK WITH SOME REFINED RECOMMENDATIONS AS TO LISTS AND I AM SURE THAT YOU CAN WORK WITH THE CITY MANAGER, AND THAT YOU PROBABLY KNOW THE LIST THAT WE WOULD BE MOST LIKELY TO BE REQUESTING; AND THAT WE COME BACK WITH THE OPERATION OF THE SYSTEM TO ASSURE THE REST OF THE COMMISSION, HOW CITIZENS WILL BE ABLE TO BE PROTECTED AND THEIR PRIVACY PROTECTED IF THEY CHOOSE NOT TO PARTICIPATE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 605. Office Of The City Clerk Requests The City Commission Consider Requested Information Regarding The Current Performance Review For The City Clerk Due September 27, 2008. City Clerk Lorenzo-Luaces briefly introduced this Agenda Item. Mayor Bush stated, "I think Andrea (Lorenzo-Luaces) is to be congratulated for her professionalism and her efforts to become even more professional." Commissioner Krebs stated, "Yes." Commissioner McGinnis remarked, "Yes." Mayor Bush added, "I think it speaks well for the Commission who have hired such a progressive Clerk." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 22, 2008 PAGE 24 OF 24 "MOTION TO GIVE ANDREA (CITY CLERK LORENZO-LUACES) FOUR PERCENT (4%) INCREASE." MOTION MADE BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. City Clerk Lorenzo-Luaces thanked the City Commission. In other City business, further brief discussion followed on the Budget process. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 9:32 p.m. RESPECTFULLY SUBMITTED: LaDONNA SLAYTER, ASSISTANT TO THE CITY CLERK AND ~. A R A LORENZO-LUACES, MMC CITY CLERK APPROVED: _. MA ~ :Z JOHN ~. BUSH NOTE: These Minutes were approved at the October l3, 2008 Regular City Commission Meeting.