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HomeMy WebLinkAbout2007 04 23 Approval of April 9, 2007 Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING APRIL 9, 2007 CALL TO ORDER The Regular Meeting of Monday, April 9, 2007 of the City Commission was called to Order by Mayor John F. Bush at 5:15.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 Sally McGinnis, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Donald A. Gilmore, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, arrived at 5:19 p.m. City Attorney Anthony A. Garganese, present Mayor Bush said, "The only Agenda Change that I am aware of is the Awards and Presentation, Mr. [Byron] Giltz could not attend tonight, so we will not do that. It has already been approved." INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. INFORMATIONAL 101. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 2 OF 30 INFORMATIONAL 102. Community Development Department - Urban Beautification Services Division Informing The City Commission Regarding The Status Of Beautification And Arbor Projects In The City. Brief discussion. INFORMATIONAL 103. Parks And Recreation Department Wishes To Inform The City Commission About The Lightning Alert Equipment That Seminole County Uses At Their Sports Complexes. Discussion ensued with Mr. Chuck Pula, Director, Parks and Recreation Department. City Manager Ronald W McLemore arrived at 5:19 p.m. Mayor Bush said, "If that is something you want Chuck (Pula) to put in his Budget request, you probably need to make a Motion." "I WILL MAKE THAT MOTION." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. MAYOR BUSH SAID, "AND THE MOTION IS THAT..." COMMISSIONER GILMORE ST A TED, "... WE CONSIDER A PERMANENT FIX, 'THOR GUARD' OR EQUIVALENT, PERMANENTLY MOUNTED UNIT IN CENTRAL WINDS PARK WHICH IS CONNECTED TO AN ALARM HORN." MAYOR BUSH SAID, "WHEN YOU SAY CONSIDER..." DEPUTY MAYOR McGINNIS SAID, "...MY MOTION WOULD BE THAT CHUCK (PULA) INCLUDE IN HIS BUDGET..." MAYOR BUSH SAID, "...TO BUY IT." DEPUTY MAYOR McGINNIS NOTED, "AN ITEM - PURCHASE OF A 'THOR GUARD' SYSTEM TO BE USED IN CENTRAL WINDS PARK AND THAT EACH YEAR WE WOULD HOPEFULLY BE ABLE TO ADD A PARK." MAYOR BUSH REITERATED, "THE MOTION IS TO PURCHASE IT AND THEN INSTALL IT AT CENTRAL WINDS [PARK]." DISCUSSION. COMMISSIONER KREBS SAID, "MOTION TO AMEND THE MOTION TO CONSIDER OR TO INCLUDE ALL PARKS IN THE BUDGET REQUEST." MOTION DIED FOR LACK OF A SECOND. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 3 OF 30 "I WONDER IF I COULD RE-WORD THAT - TO INCLUDE ALL ACTIVE PARKS WHERE SPORTING EVENTS ARE NORMALLY HELD." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. DEPUTY MAYOR McGINNIS ADDED, "IF THERE WOULD EVER BE A PRESENTATION, I WOULD BE MORE INTERESTED IN HEARING FROM THE COUNTY THAN THE MANUFACTURER." FURTHER DISCUSSION. VOTE: (AMENDMENT TO THE MOTION) COMMISSIONER BROWN: NAY COMMISSIONER GILMORE: NAY COMMISSIONER MILLER: NAY DEPUTY MAYOR McGINNIS: NAY COMMISSIONER KREBS: NAY MOTION DID NOT CARRY. WITH DISCUSSION ON THE ORIGINAL MOTION, DEPUTY MAYOR McGINNIS REMARKED, "TO HAVE IT IN THE BUDGET..." MAYOR BUSH NOTED, "...THAT MEANS TO BUY IT, THOUGH..." DEPUTY MAYOR McGINNIS ADDED, "...WITH THE INTENT TO PURCHASE." VOTE: (ON THE ORIGINAL MOTION) DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : NAY COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: NAY MOTION CARRIED. "I WOULD LIKE TO MAKE ANOTHER MOTION THAT WE HAVE THE DATA PRESENTED TO THE COMMISSION FOR THE VARIOUS SYSTEMS AND WE TAKE A LOOK AT IT BEFORE THE FINAL DECISION IS MADE AND WE GET THE INFORMATION IN TWO (2) WEEKS FROM TONIGHT." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR BUSH SAID, "THE FINAL DECISION HAS BEEN MADE." COMMISSIONER MILLER SAID, "I AM ASKING FOR A PRESENTATION." MAYOR BUSH ASKED, "YOU ARE ASKING FOR A PRESENTATION, BUT YOU ARE NOT ASKING THAT YOU RESCIND WHAT WE JUST DID? IS THAT CORRECT?" COMMISSIONER MILLER SAID, "NO, I AM NOT." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9,2007 PAGE 4 OF 30 MAYOR BUSH SAID TO MR. PULA, "YOU WILL LET US KNOW WHEN YOU CAN GET THIS?" COMMISSIONER KREBS ADDED, "EVEN THOUGH WE ARE VOTING IT INTO THE BUDGET, DOESN'T MEAN IT CAN'T BE CUT." MANAGER McLEMORE COMMENTED, "ABSOLUTELY CORRECT." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. INFORMATIONAL 104. Public Works Department Informing The City Commission On Stop Signs At The Winter Springs Boulevard/Northern Way Intersection (West). There was no discussion on this Agenda Item. INFORMATIONAL 105. Public Works Department Informing The City Commission On Seminole County's Plans For Citrus Road. This Agenda Item was not discussed. INFORMATIONAL 106. Office Of The City Manager Providing The City Commission With Information Regarding The City Pension Plan's 1st Quarter FY (Fiscal Year) 2007 Investment Performance. Commissioner Rick Brown asked Manager McLemore, "Is there somebody here who can give us a verbal update on this or verbal discussion on this, as to how it performed?" Manager McLemore said, "Yes. I think we can cover all that during the Agenda Item." Mayor Bush said, "So, '106' will be covered when the Regular Agenda Item comes up on the Pension?" Manager McLemore said, "Okay." Mayor Bush said, "Can I have a Motion then for Informational?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 5 OF 30 "SO MOVED." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE DISCUSSED, BUT NOT NECESSARIL Y IN THE ORDER DOCUMENTED. .:. .:. CONSENT AGENDA CONSENT 200. Community Development Department - Urban Beautification Services Division Requesting Approval Of Resolution Number 2007-16 Authorizing The City Manager To Enter Into A Florida Department Of Transportation (FDOT) Joint Participation Agreement (JP A) For $142k ($142,000.00) In Landscape Improvements Located On State Road 434. Mr. Steven Richart, Urban Beautification Services Division Manager, Community Development Department addressed the City Commission on this Agenda Item. Discussion "MOTION TO APPROVE" (CONSENT AGENDA ITEM '200'.) MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 6 OF 30 CONSENT 201. Community Development Department - Urban Beautification Services Division Requesting Authorization To Enter Into A Contract Agreement With Vila & Son Landscaping Corporation In The Amount Of $100,202.00 To Install Trees Along The Cross Seminole Trail As Part Of A Florida Division Of Forestry Emergency Hurricane Grant Project (RFP (Request For Proposal)/DF -04/05-99). Mr. Richart commented on this Consent Agenda Item. "MOTION TO APPROVE '201'." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. CONSENT 202. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute A Contract With Premier Pyrotechnics For A Good Fireworks Display On July 4, 2007. Mr. Pula addressed questions from the City Commission. Discussion. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. ;';' I CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 7 OF 30 CONSENT 203. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs And Infinity Broadcasting For July 4, 2007, Sponsors, Vendors, And Promotion. Discussion followed with Mr. Pula. "MOTION TO APPROVE ITEM '203'." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. CONSENT 204. Parks And Recreation Department Requesting A (20)06/(20)07 Budget Amendment Increasing The Expenditure Of The Summer Day Camps By $15,000.00 And Increasing The Revenue Of The Summer Day Camps By $15,600.00. Discussion. CONSENT 205. Parks And Recreation Department Requests The City Commission To Authorize The City Manager To Execute The 2007 Summer Camp Use Agreement Between The City Of Winter Springs And The Christian Church Of Winter Springs Providing The City Of Winter Springs With An Appropriate Venue To Offer Its 2007 Summer Camp Program At The Church Facilities Upon The Terms And Condition Set Forth In The Proposed Agreement. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9,2007 PAGE 8 OF 30 CONSENT 206. Community Development Department - Urban Beautification Services Division Requesting Authorization For A Supplemental Appropriation In The Amount Of $20k ($20,000.00) From The General Fund For Plant Installations Along State Road 434 In VillageWalk. Discussion. Commissioner Miller spoke for the Record about this project. Tape I/Side B Manager McLemore commented for the Record about tree replacements and replantings related to past Hurricanes. MOTION TO APPROVE. MAYOR BUSH STATED, "MOTION BY COMMISSIONER GILMORE." SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. CONSENT 207. Office Of The Mayor Requests The City Commission Approve Resolution Number 2007-17 Honoring Helen Baker For Her Outstanding Service On The Tuscawilla Lighting And Beautification District Advisory Committee. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 9 OF 30 CONSENT 208. Public Works Department - Stormwater Division Requests City Commission Re-Authorization To Enter Into An Interlocal Agreement With Seminole County And The Cities Of Altamonte Springs, Casselberry, Lake Mary, Longwood, Sanford, And Oviedo, Providing Intergovernmental Cooperation On Stormwater Total Maximum Daily Load (TMDL) - Related Implementation Activities. There was no discussion on this Agenda Item. CONSENT 209. Public Works Department Requests City Commission Authorization To Enter Into A Memorandum Of Agreement With Seminole County For A Countywide Mosquito Control Program. This Agenda Item was not discussed. CONSENT 210. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. There was no discussion on this Agenda Item. CONSENT 211. Office Of The Mayor Asking The City Commission To Review And Approve The Attached Resolution Number 2007-19 Related To Supporting Legislative Priorities For The Florida League Of Cities. This Agenda Item was not discussed. CONSENT 212. Office Of The City Clerk Requesting Approval Of The March 26, 2007 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 10 OF 30 "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. MAYOR BUSH NOTED, "MOTION TO APPROVE THE CONSENT AGENDA ITEMS THAT WE DIDN'T HAVE MOTIONS ON." SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor Presentation Of Resolution Number 2007-14 To Mr. Byron Giltz For His Service On The Board Of Trustees. As noted earlier in the Meeting, this Resolution was not presented. RECESS Mayor Bush called a Recess at 6:05 p.m. The Regular Meeting was called back to Order at 6:28 p.m. REPORTS REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese gave an update on some pending cases. Attorney Garganese then stated, "You should have all received a detailed memorandum regarding the toll road issue. Unless I hear anything further or get any other direction from the Commission I am going to let that one lie. So, it is in your court whether you want to discuss that matter any further." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9,2007 PAGE II OF 30 REPORTS 401. Office Of The City Manager - Ronald W. McLemore Manager McLemore commented on a recent meeting with Bart Phillips on his situation; and noted, "I will need a little bit of money to do some landscape, architectural kind of work as a way of us talking graphically about his situation; maybe - starting a discussion about how we can make the park start looking like a real park and not be offensive to the neighbors. " Continuing, Manager McLemore suggested, "I think it would be a good idea for - five thousand dollars ($5,000.00). I think we could do a lot of work in trying to see if there are some real avenues we can go down with Bart (Phillips) as well as the other members of the park, to really clean it up and try to make it an asset rather than a liability that it is." Manager McLemore then said, "If you are agreeable, then I will move forward and just put a confirmation kind of Consent Agenda Item for the next Meeting just to firm the supplemental appropriation. I think it will be well worth it." Commissioner Joanne M. Krebs stated, "When do you intend to meet with him next? I really would like to be there if I could." Manager McLemore said, "If you approve this tonight, then I am going to approve a Letter of Agreement between me and Bill Starmer." Manager McLemore then said to Commissioner Krebs, "Can I ask, just give me a little bit of time with him - and then we can bring it up to your level." Deputy Mayor Sally McGinnis said, "Good Ron (McLemore), it is a good place to start." Furthermore, Deputy Mayor McGinnis then spoke of some environmental issues and noted, "But we need to be mindful of the position of the Grove (Counseling Center) over there too." Discussion. "I MOVE THAT WE APPROPRIATE FIVE THOUSAND DOLLARS ($5,000.00) FOR THE CITY MANAGER TO WORK WITH THE INDUSTRIAL PARK AS HE SEES FIT." MOTION BY DEPUTY MAYOR McGINNIS. MAYOR BUSH STATED, "SECONDED BY COMMISIONERMILLER." DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9,2007 PAGE 12 OF 30 REPORTS 402. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Andrea Lorenzo-Luaces spoke on the MetroPlan Citizen's Advisory Committee and stated, "Your Appointee from the past few years, is no longer on the Board so I will be getting you some more information. The gentlemen who before held the position was a Transportation Engineer so you might want to think of somebody in the next couple of Meetings that the Commission should appoint and again, I'll get you some information." Mayor Bush asked, "Is that the Commission's appointment?" City Clerk Lorenzo-Luaces said, "Yes;Sir. Well, it could be anybody's suggestion, just ratified by the Commission." Mayor Bush said, "Brian (Fields, P.E., City Engineer, Public Works Department), if you know anybody Brian (Fields), would you let the Clerk know or Kip (Lockcuff, P.E., Director, Public WorkslUtility Department), if you know of anybody - so, we can get the Winter Springs person back on that Committee." REPORTS 403. Commission Seat Four/Deputy Mayor - Sally McGinnis Deputy Mayor McGinnis mentioned including the State of the City and the SGTV (Seminole County Government Television) schedule in the Newsletter. Mayor Bush stated, "The Clerk has got - those dates." Discussion ensued on new businesses opening in the City. REPORTS 404. Not Used. REPORTS 405. Commission Seat Five - Joanne M. Krebs Commissioner Krebs spoke of changing when "Reports" are held during a Regular Meeting. Discussion. "I WOULD LIKE TO MAKE A MOTION THEN THAT WE JUST MOVE REPORTS TO - FROM WHERE IT IS CURRENTLY TO THE END OF THE MEETING AND END THE MEETING WITH OUR REPORTS." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 13 OF 30 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : NAY COMMISSIONER MILLER: NAY DEPUTY MAYOR McGINNIS: NAY MOTION DID NOT CARRY. Commissioner Krebs asked about the signage on the office building at Vistawilla Drive. REPORTS 406. Office Of The Mayor - John F. Bush Mayor Bush spoke of an upcoming Joint City/County Advisory Committee Meeting scheduled for April 18, 2007 and mentioned that he and Commissioner Donald A. Gilmore were members and would be attending. Next, Mayor Bush spoke of a letter related to the OrlandoSanford International Airport. Mayor Bush said, "I gave the Clerk the Minutes of the MetroPlan Advisory Committee Meeting that was held last week. If you want to see it, she will put a Notice out. And also, there is an Interim Report available on the Joint City/County Advisory Committee - a draft that will be approved on the 18th and she will have that, if you want to see that as well." Regarding the Cross Seminole Trail, Mayor Bush asked if there was support from the City Commission to get Mr. Bart Philips together with the County. Discussion. REPORTS 407. Commission Seat One - Robert S. Miller Commissioner Miller asked about the status of the proposed meeting with the City of Oviedo. REPORTS 408. Commissioner Seat Two - Rick Brown Commissioner Brown asked about a porta-potty on the Schrimsher property, to the north of McDonalds. Manager McLemore said, "I will certainly check it out for you." Mr. Randy Stevenson, ASLA, Director, Community Development Department said, "We will check it." Garages at the Tuskawilla Office Park was brought up next. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9,2007 PAGE 14 OF 30 With discussion on the signage, communications, and any related Policy regarding the recent Easter Egg Hunt event, Mr. Pula remarked, "I will have to look into it and find out." REPORTS 409. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore said, "Congratulations on the Easter Egg Hunt. It was a wonderful time up there. Many children were just having the time of their life. I think you, your Staff, and the 107.7 (Magic107 Radio) and the rest did a wonderful job, and you deserve a round of applause on that. You really did a good job!" Discussion ensued on the Easter Egg Hunt event. Next, Commissioner Gilmore asked about the status of the compatibility Ordinance. Mr. Stevenson said, "I have it on the top of my list of things to finalize. And we will be bringing it back probably, if not the last Meeting this month, the first Meeting - in May we have two (2) Meetings to go before it expires again." As to forthcoming Code Enforcement issues to be discussed in a possible Ordinance, Commissioner Gilmore asked about the status of that effort. Tape 2/Side A Captain Glenn Tolleson, Police Department commented, "In general, there are several issues that we're trying to put all together and bring this one back." As to when, Captain Tolleson suggested, "I am hoping for July." PUBLIC INPUT Mr. Stan Toledo, 1746 Seneca Boulevard, Winter Springs, Florida: spoke of City of Winter Springs and City of Oviedo projects. Mr. Jeff McCall, Winter Springs Professional Firefighters: spoke on several Fire Union fundraisers and the status of their Contract negotiations. Ms. Eloise Bledsoe, 180 East Panama, Winter Springs, Florida: regarding a lot split, Ms. Bledsoe asked that this be approved. Manager McLemore said, "Randy (Stevenson) can get with her." City Manager Ronald W McLemore left the dais at 7: 18 p. m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9,2007 PAGE 15 OF 30 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance Number 2007-02, A Small Scale FLUM (Future Land Use Map) Amendment Which Changes The Future Land Use Map Designation Of A 1.76 Acre Parcel, Located At 282 West State Road 434, East Of Barrington Estates, From (Seminole County) "Suburban Estates" To (City Of Winter Springs) "Commercial" . Attorney Garganese read Ordinance 2007-02 by "Title" only and commented that "A sub-part of item '501', which is coming up. If you recall, there was a lot of discussion about height compatibility. I just want to bring to your attention that there is a 'DEVELOPMENT AGREEMENTINOTICE OF ZONING RESTRICTION' on the next Agenda Item which implements a provision of 20.31. ( e) of the City Code which permits the City to impose Zoning restrictions as part of a Zoning Application and that 'DEVELOPMENT AGREEMENTINOTICE OF ZONING RESTRICTION' - if we get there, would limit the height of structures to thirty-five feet (35') in height, not to exceed two (2) stories, to address that particular issue." Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Richard Voorberg, 1526 Wescott Loop, Winter Springs, Florida: asked that the City Commission encourage the Developer to meet with the residents of Barrington Estates. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I MAKE A MOTION TO ADOPT ORDINANCE - 2007-02." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. , t;;',i.._',:~;,,:,~L.;.;:J.'} CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 16 OF 30 PUBLIC HEARINGS 501. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adoption On Ordinance Number 2007-03 Which Rezones 1.76 Acres (More Or Less), Located At 282 West State Road 434 East Of Barrington Estates, From "A- 10" Agricultural (Seminole County) To "C-l Neighborhood Commercial" (City Of Winter Springs). Attorney Garganese read Ordinance 2007-03 by "Title" only and stated, "This Ordinance does has a Conditional 'Effective Date.' - it would only become effective upon Ordinance 2007-02 becoming Adopted - or effective. Furthermore, at the last Commission Meeting, we had significant discussion regarding compatibility of commercial buildings in excess of two (2) stories or thirty-five feet (35') in height. I think that testimony should be incorporated as part of the Record for this Second and Final Hearing. Furthermore, as part of 2007-03, if the Commission were to approve it, it would be Approved as proposed in conjunction with the 'DEVELOPMENT AGREEMENTINOTICE OF ZONING RESTRICTION' which is set forth limiting the height to again thirty-five feet (35'), two (2) stories, maximum." 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 AND INCLUDE THE TESTIMONY THAT ANTHONY (GARGANESE) REFERRED TO AS WELL AS THE DEVELOPMENT AGREEMENT - AND MR. VOORBERG'S COMMENTS." MOTION BY COMMISSIONER KREBS. MAYOR BUSH ASKED, "AND THAT WOULD BE TO MEET WITH THE..." COMMISSIONER KREBS NOTED, "...THE DEVELOPER OF THE COMMERCIAL PROPERTY - TO MEET WITH THE HOMEOWNER'S ASSOCIATION." MAYOR BUSH SAID, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION." City Manager Ronald W McLemore returned to the dais at 7:25 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 17 OF 30 DEPUTY MAYOR McGINNIS ASKED, "CAN WE ACTUALLY DEMAND THE DEVELOPER DO THAT?" ATTORNEY GARGANESE REPLIED, "YES - THE WAY I THINK TO DO IT - I WOULD THINK THAT BEFORE A SITE PLAN IS SUBMITTED TO THE CITY, OR IN CONJUNCTION WITH THAT, THEY SHOULD BE MEETING WITH THE SURROUNDING HOMEOWNER'S ASSOCIATION AS PART OF THE SITE PLAN REVIEW PROCESS; AND OF COURSE, THE COMMISSION CAN HOLD THAT IN ABEYANCE UNTIL SUCH TIME THEY MEET WITH THE SURROUNDING PROPERTY OWNERS." DEPUTY MAYOR McGINNIS COMMENTED, "THAT IS GOOD." COMMISSIONER KREBS SAID, "SO, IT SHOULD INCLUDE THAT VERBIAGE." MAYOR BUSH REITERATED, "INCLUDE WHAT ANTHONY'S (GARGANESE) RECOMMENDATION?" COMMISSIONER KREBS REPLIED, "CORRECT." MAYOR BUSH SAID TO COMMISSIONER GILMORE, "OKAY WITH YOU ON THAT?" COMMISSIONER GILMORE REPLIED, "YES." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Office Of The City Attorney Requests The City Commission Consider Adopting On Second And Final Reading Ordinance Number 2007-08 Amending Sections 19-97. And 19-100. Of The City Code Regarding The Impo.sition Of Utility Late Fees And Reinstatement And New Deposits For Delinquent Utility Accounts. Attorney Garganese read the Ordinance by "Title" only and commented that "I think the language 'or garbage collection' - it's technical but I don't really think that it should apply for this particular provision of the Code." Attorney Garganese added, "'or garbage collection' - you may want to strike that from this provision of the Code." 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 - APRIL 9,2007 PAGE 18 OF 30 f." "I WILL MAKE A MOTION THAT WE APPROVE ITEM '502' STRIKING WITH THE COLLECTION OF GARBAGE SERVICES." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Community Development Department - Planning Division Requests That The City Commission Hold A Public Hearing For The Aesthetic Review Of The Saratoga Condominium Site, Which Includes A 6,000 (Six Thousand) SF (Square Foot) Commercial Component. Mr. Stevenson introduced this Agenda Item. Mr. Max Sabetti, Metro/is Homes, 128 East Colonial Drive, Orlando, Florida: addressed the City Commission. Mayor Bush asked, "How far away from the main building are the balconies?" Mr. Sabetti responded, "Six feet (6')." With discussion, Mr. Sabetti said, "We have a fence between the commercial portion and the residential portion." Mayor Bush asked about the fence, to which Mr. Sabetti stated, "In between the back of the commercial portion what we have approved in our site plan, the original site plan that was submitted, was basically brick columns and then in between them there's a PVC (Polyvinyl Chloride) fence." Mr. Sabetti then remarked, "The frontage along Moss Road which is our main entry for the residential project is brick with gates and so on, and then from that point on, it takes off with brick columns and PVC (Polyvinyl Chloride) fencing." Mr. Sabetti continued, "This portion which is really the main entrance to the residential component is all brick wall, coming back in here and you see the gates up front - the island and so on, and then from this point on, which this is the Bank of America building, you've got brick columns and in between the brick columns there's a PVC (Polyvinyl Chloride) fence that goes in up to that point, and then it goes across up to this point, and then from this point on, around the retention pond is basically a black PVC (Polyvinyl Chloride) fence that covers it. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 19 OF 30 Of course, this is all conservation area back in here and you've got the pond and then there is a jogging path that goes around the lake area with a fountain in the middle. And the signage for the commercial portion here again, there are two (2) brick - walls on which the signage would be placed for the commercial component. And what Commissioner McGinnis was referring to is the back of the buildings is - this section here, and this section here. Of course, this is just - backing up to the - some of the structured carports that we have and also the drive areas, and the parking lot. And then the back ofthis one is backing up to side of one of our twenty-four (24) unit buildings." Deputy Mayor McGinnis asked, "The parking - fronts [State Road] 434 and the building is behind the parking?" Mr. Sabetti said, "That's correct. This is the parking area for the commercial component. It's the parking area and then these are the two (2) buildings." Deputy Mayor McGinnis inquired, "Is there plans for anything - room for anything like an outdoor cafe or what kind of accommodations? Are these going to be mainly offices?" Mr. Sabetti replied, "Well, it's a combination of retail and office. We don't really have - that much - each one of the buildings is about three thousand (3,000) square feet and the uses have not really been determined." Continuing, Deputy Mayor McGinnis asked, "Can you talk a little bit about what kind of landscaping you are going to have?" Mr. Sabetti replied, "It is pretty substantial, all the way around the complex. Of course, we took down a lot of trees on this side, then we had to go ahead and match up with the numbers and as you know we have also agreed to beautify along Moss Road and somewhere along Highway [State Road] 434 to compensate for the number of trees that we've taken down. But it is substantial. I mean, basically, there is really not going to be much of the greenspace, it's all going to be covered up pretty much by trees to satisfy again our tree - requirements that the City Code calls for. The only area would be around the pond area where the jogging path is, and even there, there is quite a few trees that are all around." Deputy Mayor McGinnis asked, "What kind of landscaping is going to be in the parking area?" Deputy Mayor McGinnis added, "The commercial." Mr. Sabetti replied, "There is - a substantial amount of landscaping in this area; at the entrance; and along [State Road] 434. And then - some behind the building and on the sides." Continuing, Deputy Mayor McGinnis asked, "How many parking - spaces are there?" Mr. Sabetti replied, "Well, I guess what appears to be just by looking at it, there's about fifteen (15) here, thirty (30) and my guess would be around forty (40)." Mr. Sabetti then noted, "The islands that are provided, there is one (1) there, one (1) there, one (1) there, one (1) there and of course all those areas would get some landscaping." Discussion ensued on more trees and space for garbage trucks. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 20 OF 30 Mr. Stevenson said that Staff will take a look at the number of parking spaces and will bring that back to the City Commission. Commissioner Miller commented on breezeways and rooflines and remarked, "So, that roofline just wasn't continued over the openings." Mr. Sabetti remarked, "You might be right, that it might have to. ..." Commissioner Miller added, "... The roofline ought to go down the whole length of the building I would imagine." Mr. Sabetti remarked, "The units in the middle - do not have as much of a depth." r: Furthermore, Commissioner Miller said, "You are billing this as a gated community..." Mr. Sabetti noted, "... That's correct." I just want to make sure it is a gated community. And it's done, there is no gates there because it's not convenient for residents to get in and out." Mr. Sabetti remarked, "We certainly - intend to gate it before we get any of the buildings completed because that is going to be a part of our marketing for the community." Manager McLemore remarked, "Have we paid - very close attention to the sides of the building and how they present to State Road 434?" Mr. Sabetti commented, "In my opinion, we've paid quite a bit of attention to it." Manager McLemore said, "So, do we basically have the ends or backs to the buildings facing [State Road] 434?" Mr. Sabetti commented, "Basically the sides of the buildings." Mr. Sabetti continued, "The components that - changed along the way was - the areas where you see windows basically popped out to give it a little more of a definition and then we put in these bands that as Randy (Stevenson) indicated is now going to continue on along the portions that are also popping out. And of course, we dressed it up in the way in the way of the bands and some of the shutters that you see also up around the windows." Further discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. COMMISSIONER BROWN STATED, "HE HAS TO BUILD A MASONRY WALL."COMMISSIONER GILMORE REMARKED, "THAT IS CORRECT." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9,2007 PAGE 21 OF 30 Mr. Stevenson said, "We will be striking 'Exhibit "F'''- that shows the vinyl wall as part of this exhibit." Mayor Bush said, "Randy (Stevenson) made the suggestion too, that maybe we need a separate Motion just for the Record that Randy (Stevenson) will strike' Exhibit "F'" ." "SO MOVED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE TO REMOVE THE VISUAL THAT SHOWED THE VINYL WALL FROM THE PLANS." DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 504. Community Development Department Requests The City Commission Hold A Public Hearing For The Aesthetic Review Of The Your Health Food Store Building Mounted Multi-Tenant Sign Proposed For The Tree Swallow Drive Side (South) Of The IDC (James Doran Company) Town Center Building 16. Mr. Baker 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 o/the Agenda Item. Brief discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 22 OF 30 VOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 505. Not Used. Tape 2/Side B PUBLIC HEARINGS 506. Office Of The City Attorney And Finance Department Request The City Commission Consider And Approve On First Reading Ordinance Number 2007-13, Which Amends Chapter 19, Article 1 Of The City Code Regarding Solid Waste Fees And Rates. Mayor Bush stated, "Can we have a Motion to read by 'Title' only?" "SO MOVED." MAYOR BUSH STATED, "MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Attorney Garganese spoke on this Agenda Item and explained, "The big change to the City Code will be subparagraph {ill.. There is an issue regarding - the collection of Solid Waste Fees, especially on properties that don't receive any potable water or sewer service from the City. There's really, I think - some collection exposure for the City in this regard. You're not adequately secure in terms in collecting Solid Waste Fees. Florida Law permits, in order to preserve the Solid Waste Special Revenue Fund, the City's ability to impose a Lien on real property, when property owners don't pay Solid Waste Fees. And, it gives the City leverage to collect fees for services that have been provided and which are required to be provided for - obviously public health and safety reasons. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 23 OF 30 This Ordinance would memorialize that Solid Waste Fees will become a Lien upon property if somebody does not pay those Fees within ninety (90) days. The City Manager will be able to record a Lien document evidencing that this specific property is past due on Solid Waste Fees; and that would give the City additional leverage to collect - Fees for services provided." Brief discussion ensued with Ms. Michelle Greco, Director, Finance Department. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Mayor Bush called a brief Recess at approximately 8:02 p.m. The Regular Meeting was called back to Order at 8: 12 p. m. REGULAR AGENDA REGULAR 600. Community Development Department - Urban Beautification Services Division Wishes To Provide Information As Requested By The City Commission Regarding Xeriscape™ Landscaping And Potential Developer Incentives For Conservation Plantings. Mr. Steve Richart, Urban Beautification Services Division Manager, Community Development Department spoke on this Agenda Item. Much discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9,2007 PAGE 24 OF 30 "I WOULD LIKE TO MAKE A MOTION TO DIRECT STAFF TO LOOK INTO AMENDMENTS TO THE CODE OF ORDINANCES; COME BACK WITH SOME COMPREHENSIVE PLAN POLICY AND FORMALIZE CURRENT PRACTICES FOR XERISCAPErM] LANDSCAPING - AND CONSERVATION PLANNING FOR ALL THE COMMERCIAL AND FOR THE COMMON AREAS, OF ALL NEW RESIDENTIAL DEVELOPMENT IN WINTER SPRIN GS." f' MAYOR BUSH SAID, "SECONDED BY COMMISSIONER McGINNIS. STEVE (RICHART,) DID MENTION MONEY, RIGHT? DO YOU WANT TO TALK ABOUT THAT BRIEFLY?" MR. RICHART REPLIED, "I'D LIKE TO COME BACK TO YOU WITH SOME PROPOSALS." MR. RICHART CONTINUED, "I JUST WANT TO SAY SOMETHING ABOUT YOUR RECOMMENDATION. MAKE SURE YOU'RE CLEAR ON WHAT SHE'S SAYING - THE CODE OF ORDINANCES, YOU WANT TO LOOK AT THE LANDSCAPE ORDINANCE FOR XERISCAPING?" COMMISSIONER KREBS REMARKED, "RIGHT." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Further discussion. REGULAR 601. Community Development Department Requests The City Commission Hear And Review The Final SubdivisionlEngineering Plans For The Proposed Crockett Corner Subdivision. Mr. Baker presented this Agenda Item. With discussion, Commissioner Krebs asked, "How many gopher tortoises are you talking about?" Mr. Baker replied, "Thirty-two (32), thirty-four (34)." Commissioner Krebs asked, "And they are going to be relocated?" Mr. Baker replied, "Yes, that's one of our requirements." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9,2007 PAGE 25 OF 30 Commissioner Krebs commented, "I would really be interested in watching a relocation take place. Maybe Alex (Babcock, Seminole Chronicle) would like that as well." Commissioner Krebs continued, "Can we find out when that will be?" Mr. Baker replied, "Sure." Mr. Baker said, "We can notify you." Commissioner Krebs remarked, "I would like that." -....,/ "MOVE TO APPROVE PENDING OR WITH THE CONSIDERATION OF REMOVING THE GOPHER TORTOISES AND A LIGHTING PLAN." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Commissioner Krebs asked, "Because this is not going in multiple phases, still they will remove all of the tortoises during Phase I?" Mr. Baker replied, "Yes." REGULAR 602. Office Of The City Manager Requesting The City Commission To Consider The Recommendation Of The Board Of Trustees Regarding Selection Of Asset Investment Managers And A Custodial Bank For The City's Defined Benefit Pension Plan. Manager McLemore spoke on this Agenda Item. Mr. Michael S. Blake, 711 Canadice Lane, Winter Springs, Florida: remarked about the work the Consultant did and this Agenda Item. Tape 3/Side A Mr. Blake continued his comments and asked for the City Commission's support. "I MOVE THAT WE ACCEPT THE RECOMMENDATIONS OF THE BOARD OF TRUSTEES REGARDING THE SELECTION OF ASSET INVESTMENT MANAGERS AND THE CUSTODIAL BANK FOR A DEFINED PENSION PLAN." MOTION BY DEPUTY MAYOR McGINNIS. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9,2007 PAGE 26 OF 30 MAYOR BUSH SAID, "THE SELECTION OF FIFTH THIRD BANK AS THE PLAN'S CUSTODIAL BANK." DEPUTY MAYOR McGINNIS REPLIED, "YES." MR. KEVIN SMITH, DIRECTOR, GENERAL SERVICES DEP ARTMENT STATED, "DEPUTY MAYOR, COULD I ALSO ASK FOR APPROVAL FOR THE CITY MANAGER - PENSION ATTORNEY AND OUR CITY ATTORNEY TO EXECUTE NECESSARY DOCUMENTS?" DEPUTY MAYOR McGINNIS REPLIED, "SO MOVED, YES." MAYOR BUSH SAID, "IT IS NUMBER 3. IN THE RECOMMENDATIONS THERE." MAYOR BUSH SAID, "MOTION BY COMMISSIONER McGINNIS. COMMISSIONER MILLER, SECOND?" COMMISSIONER MILLER SAID, "YES, SIR." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 603. Finance Department Requesting City Commission Acceptance Of The Comprehensive Annual Financial Report (CAFR), As Presented, For The Fiscal Year Ended September 30,2006. Ms. Greco addressed the City Commission regarding this Agenda Item. Ms. Kelly Leary, McDirmit, Davis and Company, LLC, 605 East Robinson Street, Suite 635, Orlando, Florida: spoke on the Comprehensive Annual Financial Report (CAFR). Discussion. Commissioner Miller stated, "1 think it is appropriate to compliment our financial officer and our City Manager for producing another banner year for the City." "I MAKE A MOTION THAT WE ACCEPT THE REPORT AS IT STANDS." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 27 OF 30 MAYOR BUSH COMMENTED, "I THINK THAT COMMENDATIONS GO TO THE DEPARTMENT HEADS TOO." COMMISSIONER MILLER REMARKED, "WELL, ALSO, YES SIR. THE WHOLE TEAM." MAYOR BUSH SAID, "THE WHOLE TEAM." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mayor Bush commented, "Commissioners, 1 did ask Michelle (Greco) when she had time, to put together a brief summary - of the positive things here that we are shown. And she is working on that. 1 think that is something good to put in the Newsletter. The fact that all Departments came in under budget. The reserves are up; debt is down; things like that." REGULAR 604. Office Of The City Manager Requesting The City Commission To Complete Appointments To The Ad Hoc Winter Springs Citizen Property Tax Reform Mitigation Study Committee. Mr. Smith addressed the City Commission regarding this Agenda Item. Regarding Mr. Fred Curtis' Application, Deputy Mayor McGinnis said, "I called him; he said he never got one." Ms. Lorenzo-Luaces replied, "Okay, we'll send another one." Deputy Mayor McGinnis asked, "Could you send another one?" Ms. Lorenzo-Luaces replied, "Sure." Mayor Bush commented, "Rande Thompson has indicated an interest to serve. He is on the TLBD (Tuscawilla Lighting and Beautification District [Advisory Committee D. SO, 1 would like to put his name forward." Mayor Bush noted, "Rande Thompson is who 1 am recommending." "I WILL MAKE THE MOTION." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 28 OF 30 MAYOR BUSH SAID, "MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS TO APPOINT RANDE THOMPSON FROM TLBD (TUSCA WILLA LIGHTING AND BEAUTIFICATION DISTRICT [ADVISORY COMMITTEE])." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. "I WOULD LIKE TO NOMINATE KATHRYN FAIRCHILD REPRESENTING BOARD OF ADJUSTMENT." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "I WOULD LIKE TO NOMINATE RICHARD MASTROBERTE." MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. "I WOULD LIKE TO NOMINATE SONDRA AHLERS." MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 29 OF 30 VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGARDING AN APPOINTEE FROM THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE, COMMISSIONER MILLER STATED, "I WOULD LIKE TO NOMINATE TERRY PATTON." MOTION BY COMMISSIONER MILLER. COMMISSIONER KREBS ASKED, "DO YOU THINK HE WILL DO IT?" COMMISSIONER MILLER REPLIED, "I DON'T KNOW. I WILL HAVE TO CALL HIM AND ASK HIM." COMMISSIONER MILLER CONTINUED, "I AM SURE HE PROBABLY WOULD." MAYOR BUSH SAID, "SECONDED BY DEPUTY MA YOR McGINNIS. DISCUSSION." VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. Discussion. REGULAR 605. Community Development Department Requests The City Commission Make The Remaining Appointments To The 2007 Winter Springs Districting Commission. Mayor Bush commented, "So, Commissioners Miller and Gilmore will have their Appointments at our next Meeting." ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 9:15 p.m. RESPECTFULLY SUBMITTED: DANIELLE HARKER, ASSISTANT TO THE CITY CLERK ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MAYOR CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9,2007 PAGE 30 OF 30 NOTE: These Minutes were approved at the , 2007 Regular City Commission Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING APRIL 9, 2007 CALL TO ORDER The Regular Meeting of Monday, April 9, 2007 of the City Commission was called to Order by Mayor John F. Bush at 5:15.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 Sally McGinnis, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Donald A. Gilmore, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, arrived at 5:19 p.m. City Attorney Anthony A. Garganese, present Mayor Bush said, "The only Agenda Change that I am aware of is the A wards and Presentation, Mr. [Byron] Giltz could not attend tonight, so we will not do that. It has already been approved." INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. INFORMATIONAL 101. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9,2007 PAGE 2 OF 30 INFORMATIONAL 102. Community Development Department - Urban Beautification Services Division Informing The City Commission Regarding The Status Of Beautification And Arbor Projects In The City. Brief discussion. INFORMATIONAL 103. Parks And Recreation Department Wishes To Inform The City Commission About The Lightning Alert Equipment That Seminole County Uses At Their Sports Complexes. Discussion ensued with Mr. Chuck Pula, Director, Parks and Recreation Department. City Manager Ronald W McLemore arrived at 5:19 p.m. Mayor Bush said, "If that is something you want Chuck (Pula) to put in his Budget request, you probably need to make a Motion." "I WILL MAKE THAT MOTION." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. MAYOR BUSH SAID, "AND THE MOTION IS THAT..." COMMISSIONER GILMORE STATED, "...WE CONSIDER A PERMANENT FIX, 'THOR GUARD' OR EQUIVALENT, PERMANENTLY MOUNTED UNIT IN CENTRAL WINDS PARK WHICH IS CONNECTED TO AN ALARM HORN." MAYOR BUSH SAID, "WHEN YOU SAY CONSIDER..." DEPUTY MAYOR McGINNIS SAID, "...MY MOTION WOULD BE THAT CHUCK (PULA) INCLUDE IN HIS BUDGET..." MAYOR BUSH SAID, "...TO BUY IT." DEPUTY MAYOR McGINNIS NOTED, "AN ITEM - PURCHASE OF A 'THOR GUARD' SYSTEM TO BE USED IN CENTRAL WINDS PARK AND THAT EACH YEAR WE WOULD HOPEFULLY BE ABLE TO ADD A PARK." MAYOR BUSH REITERATED, "THE MOTION IS TO PURCHASE IT AND THEN INSTALL IT AT CENTRAL WINDS [PARK]." DISCUSSION. COMMISSIONER KREBS SAID, "MOTION TO AMEND THE MOTION TO CONSIDER OR TO INCLUDE ALL PARKS IN THE BUDGET REQUEST." MOTION DIED FOR LACK OF A SECOND. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9,2007 PAGE 3 OF 30 "I WONDER IF I COULD RE-WORD THAT - TO INCLUDE ALL ACTIVE P ARKS WHERE SPORTING EVENTS ARE NORMALLY HELD." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. DEPUTY MAYOR McGINNIS ADDED, "IF THERE WOULD EVER BE A PRESENTATION, I WOULD BE MORE INTERESTED IN HEARING FROM THE COUNTY THAN THE MANUFACTURER." FURTHER DISCUSSION. VOTE: (AMENDMENT TO THE MOTION) COMMISSIONER BROWN: NAY COMMISSIONER GILMORE: NAY COMMISSIONER MILLER: NAY DEPUTY MAYOR McGINNIS: NAY COMMISSIONER KREBS: NAY MOTION DID NOT CARRY. WITH DISCUSSION ON THE ORIGINAL MOTION, DEPUTY MAYOR McGINNIS REMARKED, "TO HAVE IT IN THE BUDGET..." MAYOR BUSH NOTED, "...THAT MEANS TO BUY IT, THOUGH..." DEPUTY MAYOR McGINNIS ADDED, "...WITH THE INTENT TO PURCHASE." VOTE: (ON THE ORIGINAL MOTION) DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : NAY COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: NAY MOTION CARRIED. "I WOULD LIKE TO MAKE ANOTHER MOTION THAT WE HAVE THE DATA PRESENTED TO THE COMMISSION FOR THE VARIOUS SYSTEMS AND WE TAKE A LOOK AT IT BEFORE THE FINAL DECISION IS MADE AND WE GET THE INFORMATION IN TWO (2) WEEKS FROM TONIGHT." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR BUSH SAID, "THE FINAL DECISION HAS BEEN MADE." COMMISSIONER MILLER SAID, "I AM ASKING FOR A PRESENTATION." MAYOR BUSH ASKED, "YOU ARE ASKING FOR A PRESENTATION, BUT YOU ARE NOT ASKING THAT YOU RESCIND WHAT WE JUST DID? IS THAT CORRECT?" COMMISSIONER MILLER SAID, "NO, I AM NOT." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9,2007 PAGE 4 OF 30 MAYOR BUSH SAID TO MR. PULA, "YOU WILL LET US KNOW WHEN YOU CAN GET THIS?" COMMISSIONER KREBS ADDED, "EVEN THOUGH WE ARE VOTING IT INTO THE BUDGET, DOESN'T MEAN IT CAN'T BE CUT." MANAGER McLEMORE COMMENTED, "ABSOLUTELY CORRECT." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. INFORMATIONAL 104. Public Works Department Informing The City Commission On Stop Signs At The Winter Springs Boulevard/Northern Way Intersection (West). There was no discussion on this Agenda Item. INFORMATIONAL 105. Public Works Department Informing The City Commission On Seminole County's Plans For Citrus Road. This Agenda Item was not discussed. INFORMATIONAL 106. Office Of The City Manager Providing The City Commission With Information Regarding The City Pension Plan's 1st Quarter FY (Fiscal Year) 2007 Investment Performance. Commissioner Rick Brown asked Manager McLemore, "Is there somebody here who can give us a verbal update on this or verbal discussion on this, as to how it performed?" Manager McLemore said, "Yes. I think we can cover all that during the Agenda Item." Mayor Bush said, "So, '106' will be covered when the Regular Agenda Item comes up on the Pension?" Manager McLemore said, "Okay." Mayor Bush said, "Can I have a Motion then for Informational?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 5 OF 30 "SO MOVED." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE DISCUSSED, BUT NOT NECESSARILY IN THE ORDER DOCUMENTED. .:. .:. CONSENT AGENDA CONSENT 200. Community Development Department - Urban Beautification Services Division Requesting Approval Of Resolution Number 2007-16 Authorizing The City Manager To Enter Into A Florida Department Of Transportation (FDOT) Joint Participation Agreement (JP A) For $142k ($142,000.00) In Landscape Improvements Located On State Road 434. Mr. Steven Richart, Urban Beautification Services Division Manager, Community Development Department addressed the City Commission on this Agenda Item. Discussion "MOTION TO APPROVE" (CONSENT AGENDA ITEM '200'.) MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 6 OF 30 CONSENT 201. Community Development Department - Urban Beautification Services Division Requesting Authorization To Enter Into A Contract Agreement With Vila & Son Landscaping Corporation In The Amount Of $100,202.00 To Install Trees Along The Cross Seminole Trail As Part Of A Florida Division Of Forestry Emergency Hurricane Grant Project (RFP (Request For Proposal)/DF -04/05-99). Mr. Richart commented on this Consent Agenda Item. "MOTION TO APPROVE '201'." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. CONSENT 202. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute A Contract With Premier Pyrotechnics For A Good Fireworks Display On July 4, 2007. Mr. Pula addressed questions from the City Commission. Discussion. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9,2007 PAGE 7 OF 30 CONSENT 203. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs And Infinity Broadcasting For July 4, 2007, Sponsors, Vendors, And Promotion. Discussion followed with Mr. Pula. "MOTION TO APPROVE ITEM '203'." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. CONSENT 204. Parks And Recreation Department Requesting A (20)06/(20)07 Budget Amendment Increasing The Expenditure Of The Summer Day Camps By $15,000.00 And Increasing The Revenue Of The Summer Day Camps By $15,600.00. Discussion. CONSENT 205. Parks And Recreation Department Requests The City Commission To Authorize The City Manager To Execute The 2007 Summer Camp Use Agreement Between The City Of Winter Springs And The Christian Church Of Winter Springs Providing The City Of Winter Springs With An Appropriate Venue To Offer Its 2007 Summer Camp Program At The Church Facilities Upon The Terms And Condition Set Forth In The Proposed Agreement. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 8 OF 30 CONSENT 206. Community Development Department - Urban Beautification Services Division Requesting Authorization For A Supplemental Appropriation In The Amount Of $20k ($20,000.00) From The General Fund For Plant Installations Along State Road 434 In Village Walk. Discussion. Commissioner Miller spoke for the Record about this project. Tape I/Side 8 Manager McLemore commented for the Record about tree replacements and replantings related to past Hurricanes. MOTION TO APPROVE. MAYOR BUSH ST A TED, "MOTION BY COMMISSIONER GILMORE." SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. CONSENT 207. Office Of The Mayor Requests The City Commission Approve Resolution Number 2007-17 Honoring Helen Baker For Her Outstanding Service On The Tuscawilla Lighting And Beautification District Advisory Committee. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 9 OF 30 CONSENT 208. Public Works Department - Stormwater Division Requests City Commission Re-Authorization To Enter Into An Interlocal Agreement With Seminole County And The Cities Of Altamonte Springs, Casselberry, Lake Mary, Longwood, Sanford, And Oviedo, Providing Intergovernmental Cooperation On Stormwater Total Maximum Daily Load (TMDL) - Related Implementation Activities. There was no discussion on this Agenda Item. CONSENT 209. Public Works Department Requests City Commission Authorization To Enter Into A Memorandum Of Agreement With Seminole County For A Countywide Mosquito Control Program. This Agenda Item was not discussed. CONSENT 210. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. There was no discussion on this Agenda Item. CONSENT 211. Office Of The Mayor Asking The City Commission To Review And Approve The Attached Resolution Number 2007-19 Related To Supporting Legislative Priorities For The Florida League Of Cities. This Agenda Item was not discussed. CONSENT 212. Office Of The City Clerk Requesting Approval Of The March 26, 2007 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 10 OF 30 "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. MAYOR BUSH NOTED, "MOTION TO APPROVE THE CONSENT AGENDA ITEMS THAT WE DIDN'T HAVE MOTIONS ON." SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 300. Office Of The Mayor Presentation Of Resolution Number 2007-14 To Mr. Byron Giltz For His Service On The Board Of Trustees. As noted earlier in the Meeting, this Resolution was not presented. RECESS Mayor Bush called a Recess at 6:05 p.m. The Regular Meeting was called back to Order at 6:28 p.m. REPORTS REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese gave an update on some pending cases. Attorney Garganese then stated, "You should have all received a detailed memorandum regarding the toll road issue. Unless I hear anything further or get any other direction from the Commission I am going to let that one lie. So, it is in your court whether you want to discuss that matter any further." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9,2007 PAGE 11 OF30 REPORTS 401. Office Of The City Manager - Ronald W. McLemore Manager McLemore commented on a recent meeting with Bart Phillips on his situation; and noted, "I will need a little bit of money to do some landscape, architectural kind of work as a way of us talking graphically about his situation; maybe - starting a discussion about how we can make the park start looking like a real park and not be offensive to the neighbors." Continuing, Manager McLemore suggested, "I think it would be a good idea for - five thousand dollars ($5,000.00). I think we could do a lot of work in trying to see if there are some real avenues we can go down with Bart (Phillips) as well as the other members of the park, to really clean it up and try to make it an asset rather than a liability that it is." Manager McLemore then said, "If you are agreeable, then I will move forward and just put a confirmation kind of Consent Agenda Item for the next Meeting just to firm the supplemental appropriation. I think it will be well worth it." Commissioner Joanne M. Krebs stated, "When do you intend to meet with him next? I really would like to be there if! could." Manager McLemore said, "If you approve this tonight, then I am going to approve a Letter of Agreement between me and Bill Starmer." Manager McLemore then said to Commissioner Krebs, "Can I ask, just give me a little bit of time with him - and then we can bring it up to your level." Deputy Mayor Sally McGinnis said, "Good Ron (McLemore), it is a good place to start." Furthermore, Deputy Mayor McGinnis then spoke of some environmental issues and noted, "But we need to be mindful of the position of the Grove (Counseling Center) over there too." Discussion. "I MOVE THAT WE APPROPRIATE FIVE THOUSAND DOLLARS ($5,000.00) FOR THE CITY MANAGER TO WORK WITH THE INDUSTRIAL PARK AS HE SEES FIT." MOTION BY DEPUTY MAYOR McGINNIS. MAYOR BUSH STATED, "SECONDED BY COMMISIONER MILLER." DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9,2007 PAGE 12 OF 30 REPORTS 402. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Andrea Lorenzo-Luaces spoke on the MetroPlan Citizen's Advisory Committee and stated, "Your Appointee from the past few years, is no longer on the Board so I will be getting you some more information. The gentlemen who before held the position was a Transportation Engineer so you might want to think of somebody in the next couple of Meetings that the Commission should appoint and again, I'll get you some information." Mayor Bush asked, "Is that the Commission's appointment?" City Clerk Lorenzo-Luaces said, "Yes;Sir. Well, it could be anybody's suggestion, just ratified by the Commission." Mayor Bush said, "Brian (Fields, P.E., City Engineer, Public Works Department), if you know anybody Brian (Fields), would you let the Clerk know or Kip (Lockcuff, P.E., Director, Public WorkslUtility Department), if you know of anybody - so, we can get the Winter Springs person back on that Committee." REPORTS 403. Commission Seat Four/Deputy Mayor - Sally McGinnis Deputy Mayor McGinnis mentioned including the State of the City and the SGTV (Seminole County Government Television) schedule in the Newsletter. Mayor Bush stated, "The Clerk has got - those dates." Discussion ensued on new businesses opening in the City. REPORTS 404. N ot Used. REPORTS 405. Commission Seat Five - Joanne M. Krebs Commissioner Krebs spoke of changing when "Reports" are held during a Regular Meeting. Discussion. "I WOULD LIKE TO MAKE A MOTION THEN THAT WE JUST MOVE REPORTS TO - FROM WHERE IT IS CURRENTLY TO THE END OF THE MEETING AND END THE MEETING WITH OUR REPORTS." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE I3 OF 30 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : NAY COMMISSIONER MILLER: NAY DEPUTY MAYOR McGINNIS: NAY MOTION DID NOT CARRY. Commissioner Krebs asked about the signage on the office building at Vistawilla Drive. REPORTS 406. Office Of The Mayor - John F. Bush Mayor Bush spoke of an upcoming Joint City/County Advisory Committee Meeting scheduled for April 18, 2007 and mentioned that he and Commissioner Donald A. Gilmore were members and would be attending. Next, Mayor Bush spoke of a letter related to the Orlando Sanford International Airport. Mayor Bush said, "I gave the Clerk the Minutes of the MetroPlan Advisory Committee Meeting that was held last week. If you want to see it, she will put a Notice out. And also, there is an Interim Report available on the Joint City/County Advisory Committee - a draft that will be approved on the 18th and she will have that, if you want to see that as well. " Regarding the Cross Seminole Trail, Mayor Bush asked if there was support from the City Commission to get Mr. Bart Philips together with the County. Discussion. REPORTS 407. Commission Seat One - Robert S. Miller Commissioner Miller asked about the status of the proposed meeting with the City of Oviedo. REPORTS 408. Commissioner Seat Two - Rick Brown Commissioner Brown asked about a porta-potty on the Schrimsher property, to the north of McDonalds. Manager McLemore said, "I will certainly check it out for you." Mr. Randy Stevenson, ASLA, Director, Community Development Department said, "We will check it." Garages at the Tuskawilla Office Park was brought up next. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9,2007 PAGE 14 OF 30 With discussion on the signage, communications, and any related Policy regarding the recent Easter Egg Hunt event, Mr. Pula remarked, "I will have to look into it and find out." REPORTS 409. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore said, "Congratulations on the Easter Egg Hunt. It was a wonderful time up there. Many children were just having the time of their life. I think you, your Staff, and the 107.7 (Magic107 Radio) and the rest did a wonderful job, and you deserve a round of applause on that. You really did a good job!" Discussion ensued on the Easter Egg Hunt event. Next, Commissioner Gilmore asked about the status of the compatibility Ordinance. Mr. Stevenson said, "I have it on the top of my list of things to finalize. And we will be bringing it back probably, if not the last Meeting this month, the first Meeting - in May we have two (2) Meetings to go before it expires again." As to forthcoming Code Enforcement issues to be discussed in a possible Ordinance, Commissioner Gilmore asked about the status of that effort. Tape 2/Side A Captain Glenn Tolleson, Police Department commented, "In general, there are several issues that we're trying to put all together and bring this one back." As to when, Captain Tolleson suggested, "I am hoping for July." PUBLIC INPUT Mr. Stan Toledo, 1746 Seneca Boulevard, Winter Springs, Florida: spoke of City of Winter Springs and City of Oviedo projects. Mr. Jeff McCall, Winter Springs Professional Firefighters: spoke on several Fire Union fundraisers and the status of their Contract negotiations. Ms. Eloise Bledsoe, 180 East Panama, Winter Springs, Florida: regarding a lot split, Ms. Bledsoe asked that this be approved. Manager McLemore said, "Randy (Stevenson) can get with her." City Manager Ronald W McLemore left the dais at 7: 18 p. m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 15 OF 30 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance Number 2007-02, A Small Scale FLUM (Future Land Use Map) Amendment Which Changes The Future Land Use Map Designation Of A 1.76 Acre Parcel, Located At 282 West State Road 434, East Of Barrington Estates, From (Seminole County) "Suburban Estates" To (City Of Winter Springs) "Commercial" . Attorney Garganese read Ordinance 2007-02 by "Title" only and commented that "A sub-part of item '501', which is coming up. If you recall, there was a lot of discussion about height compatibility. I just want to bring to your attention that there is a 'DEVELOPMENT AGREEMENTINOTICE OF ZONING RESTRICTION' on the next Agenda Item which implements a provision of 20 .31. (e) of the City Code which permits the City to impose Zoning restrictions as part of a Zoning Application and that 'DEVELOPMENT AGREEMENTINOTICE OF ZONING RESTRICTION' - if we get there, would limit the height of structures to thirty-five feet (35') in height, not to exceed two (2) stories, to address that particular issue." Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Richard Voorberg, 1526 Wescott Loop, Winter Springs, Florida: asked that the City Commission encourage the Developer to meet with the residents of Barrington Estates. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I MAKE A MOTION TO ADOPT ORDINANCE - 2007-02." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 16 OF 30 PUBLIC HEARINGS 501. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adoption On Ordinance Number 2007-03 Which Rezones 1.76 Acres (More Or Less), Located At 282 West State Road 434 East Of Barrington Estates, From "A- 10" Agricultural (Seminole County) To "C-1 Neighborhood Commercial" (City Of Winter Springs). Attorney Garganese read Ordinance 2007-03 by "Title" only and stated, "This Ordinance does has a Conditional 'Effective Date.' - it would only become effective upon Ordinance 2007 -02 becoming Adopted - or effective. Furthermore, at the last Commission Meeting, we had significant discussion regarding compatibility of commercial buildings in excess of two (2) stories or thirty-five feet (35') in height. I think that testimony should be incorporated as part of the Record for this Second and Final Hearing. Furthermore, as part of 2007 -03, if the Commission were to approve it, it would be Approved as proposed in conjunction with the 'DEVELOPMENT AGREEMENT/NOTICE OF ZONING RESTRICTION' which is set forth limiting the height to again thirty-five feet (35'), two (2) stories, maximum." 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 AND INCLUDE THE TESTIMONY THAT ANTHONY (GARGANESE) REFERRED TO AS WELL AS THE DEVELOPMENT AGREEMENT - AND MR. VOORBERG'S COMMENTS." MOTION BY COMMISSIONER KREBS. MAYOR BUSH ASKED, "AND THAT WOULD BE TO MEET WITH THE..." COMMISSIONER KREBS NOTED, "...THE DEVELOPER OF THE COMMERCIAL PROPERTY - TO MEET WITH THE HOMEOWNER'S ASSOCIATION." MAYOR BUSH SAID, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION." City Manager Ronald W McLemore returned to the dais at 7:25 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9,2007 PAGE 17 OF 30 DEPUTY MAYOR McGINNIS ASKED, "CAN WE ACTUALLY DEMAND THE DEVELOPER DO THAT?" ATTORNEY GARGANESE REPLIED, "YES - THE WAY I THINK TO DO IT - I WOULD THINK THAT BEFORE A SITE PLAN IS SUBMITTED TO THE CITY, OR IN CONJUNCTION WITH THAT, THEY SHOULD BE MEETING WITH THE SURROUNDING HOMEOWNER'S ASSOCIATION AS PART OF THE SITE PLAN REVIEW PROCESS; AND OF COURSE, THE COMMISSION CAN HOLD THAT IN ABEYANCE UNTIL SUCH TIME THEY MEET WITH THE SURROUNDING PROPERTY OWNERS." DEPUTY MAYOR McGINNIS COMMENTED, "THAT IS GOOD." COMMISSIONER KREBS SAID, "SO, IT SHOULD INCLUDE THAT VERBIAGE." MAYOR BUSH REITERATED, "INCLUDE WHAT ANTHONY'S (GARGANESE) RECOMMENDATION?" COMMISSIONER KREBS REPLIED, "CORRECT." MAYOR BUSH SAID TO COMMISSIONER GILMORE, "OKAY WITH YOU ON THAT?" COMMISSIONER GILMORE REPLIED, "YES." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Office Of The City Attorney Requests The City Commission Consider Adopting On Second And Final Reading Ordinance Number 2007-08 Amending Sections 19-97. And 19-100. Of The City Code Regarding The Imposition Of Utility Late Fees And Reinstatement And New Deposits For Delinquent Utility Accounts. Attorney Garganese read the Ordinance by "Title" only and commented that "I think the language 'or garbage collection' - it's technical but I don't really think that it should apply for this particular provision of the Code." Attorney Garganese added, "'or garbage collection' - you may want to strike that from this provision of the Code." 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 - APRIL 9, 2007 PAGE 18 OF 30 "I WILL MAKE A MOTION THAT WE APPROVE ITEM '502' STRIKING WITH THE COLLECTION OF GARBAGE SERVICES." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. PUBLIC HEARINGS 503. Community Development Department - Planning Division Requests That The City Commission Hold A Public Hearing For The Aesthetic Review Of The Saratoga Condominium Site, Which Includes A 6,000 (Six Thousand) SF (Square Foot) Commercial Component. Mr. Stevenson introduced this Agenda Item. Mr. Max Sabetti, Metrolis Homes, 128 East Colonial Drive, Orlando, Florida: addressed the City Commission. Mayor Bush asked, "How far away from the main building are the balconies?" Mr. Sabetti responded, "Six feet (6')." With discussion, Mr. Sabetti said, "We have a fence between the commercial portion and the residential portion." Mayor Bush asked about the fence, to which Mr. Sabetti stated, "In between the back of the commercial portion what we have approved in our site plan, the original site plan that was submitted, was basically brick columns and then in between them there's a PVC (Polyvinyl Chloride) fence." Mr. Sabetti then remarked, "The frontage along Moss Road which is our main entry for the residential project is brick with gates and so on, and then from that point on, it takes off with brick columns and PVC (Polyvinyl Chloride) fencing." Mr. Sabetti continued, "This portion which is really the main entrance to the residential component is all brick wall, coming back in here and you see the gates up front - the island and so on, and then from this point on, which this is the Bank of America building, you've got brick columns and in between the brick columns there's a PVC (Polyvinyl Chloride) fence that goes in up to that point, and then it goes across up to this point, and then from this point on, around the retention pond is basically a black PVC (Polyvinyl Chloride) fence that covers it. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 19 OF 30 Of course, this is all conservation area back in here and you've got the pond and then there is a jogging path that goes around the lake area with a fountain in the middle. And the signage for the commercial portion here again, there are two (2) brick - walls on which the signage would be placed for the commercial component. And what Commissioner McGinnis was referring to is the back of the buildings is - this section here, and this section here. Of course, this is just - backing up to the - some of the structured carports that we have and also the drive areas, and the parking lot. And then the back of this one is backing up to side of one of our twenty-four (24) unit buildings." Deputy Mayor McGinnis asked, "The parking - fronts [State Road] 434 and the building is behind the parking?" Mr. Sabetti said, "That's correct. This is the parking area for the commercial component. It's the parking area and then these are the two (2) buildings." Deputy Mayor McGinnis inquired, "Is there plans for anything - room for anything like an outdoor cafe or what kind of accommodations? Are these going to be mainly offices?" Mr. Sabetti replied, "Well, it's a combination of retail and office. We don't really have - that much - each one of the buildings is about three thousand (3,000) square feet and the uses have not really been determined." Continuing, Deputy Mayor McGinnis asked, "Can you talk a little bit about what kind of landscaping you are going to have?" Mr. Sabetti replied, "It is pretty substantial, all the way around the complex. Of course, we took down a lot of trees on this side, then we had to go ahead and match up with the numbers and as you know we have also agreed to beautify along Moss Road and somewhere along Highway [State Road] 434 to compensate for the number of trees that we've taken down. But it is substantial. I mean, basically, there is really not going to be much of the greenspace, it's all going to be covered up pretty much by trees to satisfy again our tree - requirements that the City Code calls for. The only area would be around the pond area where the jogging path is, and even there, there is quite a few trees that are all around." Deputy Mayor McGinnis asked, "What kind of landscaping is going to be in the parking area?" Deputy Mayor McGinnis added, "The commercial." Mr. Sabetti replied, "There is - a substantial amount of landscaping in this area; at the entrance; and along [State Road] 434. And then - some behind the building and on the sides." Continuing, Deputy Mayor McGinnis asked, "How many parking - spaces are there?" Mr. Sabetti replied, "Well, I guess what appears to be just by looking at it, there's about fifteen (15) here, thirty (30) and my guess would be around forty (40)." Mr. Sabetti then noted, "The islands that are provided, there is one (1) there, one (1) there, one (1) there, one (1) there and of course all those areas would get some landscaping." Discussion ensued on more trees and space for garbage trucks. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9,2007 PAGE 20 OF 30 Mr. Stevenson said that Staff will take a look at the number of parking spaces and will bring that back to the City Commission. Commissioner Miller commented on breezeways and rooflines and remarked, "So, that roofline just wasn't continued over the openings." Mr. Sabetti remarked, "You might be right, that it might have to...." Commissioner Miller added, "... The roofline ought to go down the whole length of the building I would imagine." Mr. Sabetti remarked, "The units in the middle - do not have as much of a depth." Furthermore, Commissioner Miller said, "You are billing this as a gated community..." Mr. Sabetti noted, "... That's correct." I just want to make sure it is a gated community. And it's done, there is no gates there because it's not convenient for residents to get in and out." Mr. Sabetti remarked, "We certainly - intend to gate it before we get any of the buildings completed because that is going to be a part of our marketing for the community." Manager McLemore remarked, "Have we paid - very close attention to the sides of the building and how they present to State Road 434?" Mr. Sabetti commented, "In my opinion, we've paid quite a bit of attention to it." Manager McLemore said, "So, do we basically have the ends or backs to the buildings facing [State Road] 434?" Mr. Sabetti commented, "Basically the sides of the buildings." Mr. Sabetti continued, "The components that - changed along the way was - the areas where you see windows basically popped out to give it a little more of a definition and then we put in these bands that as Randy (Stevenson) indicated is now going to continue on along the portions that are also popping out. And of course, we dressed it up in the way in the way of the bands and some of the shutters that you see also up around the windows. " Further discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. COMMISSIONER BROWN STATED, "HE HAS TO BUILD A MASONRY W ALL."COMMISSIONER GILMORE REMARKED, "THAT IS CORRECT." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 21 OF 30 Mr. Stevenson said, "We will be striking 'Exhibit "F'" - that shows the vinyl wall as part of this exhibit." Mayor Bush said, "Randy (Stevenson) made the suggestion too, that maybe we need a separate Motion just for the Record that Randy (Stevenson) will strike 'Exhibit "F"'." "SO MOVED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE TO REMOVE THE VISUAL THAT SHOWED THE VINYL WALL FROM THE PLANS." DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 504. Community Development Department Requests The City Commission Hold A Public Hearing For The Aesthetic Review Of The Your Health Food Store Building Mounted Multi-Tenant Sign Proposed For The Tree Swallow Drive Side (South) Of The JDC (James Doran Company) Town Center Building 16. Mr. Baker 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. Brief discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 22 OF 30 YOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 505. Not Used. Tape 2/Side B PUBLIC HEARINGS 506. Office Of The City Attorney And Finance Department Request The City Commission Consider And Approve On First Reading Ordinance Number 2007-13, Which Amends Chapter 19, Article 1 Of The City Code Regarding Solid Waste Fees And Rates. Mayor Bush stated, "Can we have a Motion to read by 'Title' only?" "SO MOYED." MAYOR BUSH STATED, "MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. YOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Attorney Garganese spoke on this Agenda Item and explained, "The big change to the City Code will be subparagraph!S}. There is an issue regarding - the collection of Solid Waste Fees, especially on properties that don't receive any potable water or sewer service from the City. There's really, I think - some collection exposure for the City in this regard. You're not adequately secure in terms in collecting Solid Waste Fees. Florida Law permits, in order to preserve the Solid Waste Special Revenue Fund, the City's ability to impose a Lien on real property, when property owners don't pay Solid Waste Fees. And, it gives the City leverage to collect fees for services that have been provided and which are required to be provided for - obviously public health and safety reasons. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 23 OF 30 This Ordinance would memorialize that Solid Waste Fees will become a Lien upon property if somebody does not pay those Fees within ninety (90) days. The City Manager will be able to record a Lien document evidencing that this specific property is past due on Solid Waste Fees; and that would give the City additional leverage to collect - Fees for services provided." Brief discussion ensued with Ms. Michelle Greco, Director, Finance Department. Mayor Bush opened the "Public Input" portion of the Agenda Item. Noone spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Mayor Bush called a brief Recess at approximately 8:02 p.m. The Regular Meeting was called back to Order at 8: 12 p. m. REGULAR AGENDA REGULAR 600. Community Development Department - Urban Beautification Services Division Wishes To Provide Information As Requested By The City Commission Regarding Xeriscape™ Landscaping And Potential Developer Incentives For Conservation Plantings. Mr. Steve Richart, Urban Beautification Services Division Manager, Community Development Department spoke on this Agenda Item. Much discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9,2007 PAGE 24 OF 30 "I WOULD LIKE TO MAKE A MOTION TO DIRECT STAFF TO LOOK INTO AMENDMENTS TO THE CODE OF ORDINANCES; COME BACK WITH SOME COMPREHENSIVE PLAN POLICY AND FORMALIZE CURRENT PRACTICES FOR XERISCAPErM] LANDSCAPING - AND CONSERVATION PLANNING FOR ALL THE COMMERCIAL AND FOR THE COMMON AREAS, OF ALL NEW RESIDENTIAL DEVELOPMENT IN WINTER SPRINGS." MAYOR BUSH SAID, "SECONDED BY COMMISSIONER McGINNIS. STEVE (RICHART,) DID MENTION MONEY, RIGHT? DO YOU WANT TO TALK ABOUT THAT BRIEFLY?" MR. RICHART REPLIED, "I'D LIKE TO COME BACK TO YOU WITH SOME PROPOSALS." MR. RICHART CONTINUED, "I JUST WANT TO SAY SOMETHING ABOUT YOUR RECOMMENDATION. MAKE SURE YOU'RE CLEAR ON WHAT SHE'S SAYING - THE CODE OF ORDINANCES, YOU WANT TO LOOK AT THE LANDSCAPE ORDINANCE FOR XERISCAPING?" COMMISSIONER KREBS REMARKED, "RIGHT." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Further discussion. REGULAR 601. Community Development Department Requests The City Commission Hear And Review The Final Subdivision/Engineering Plans For The Proposed Crockett Corner Subdivision. Mr. Baker presented this Agenda Item. With discussion, Commissioner Krebs asked, "How many gopher tortoises are you talking about?" Mr. Baker replied, "Thirty-two (32), thirty-four (34)." Commissioner Krebs asked, "And they are going to be relocated?" Mr. Baker replied, "Yes, that's one of our requirements." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9,2007 PAGE 25 OF 30 Commissioner Krebs commented, "I would really be interested in watching a relocation take place. Maybe Alex (Babcock, Seminole Chronicle) would like that as well." Commissioner Krebs continued, "Can we find out when that will be?" Mr. Baker replied, "Sure. " Mr. Baker said, "We can notify you." Commissioner Krebs remarked, "I would like that." "MOVE TO APPROVE PENDING OR WITH THE CONSIDERATION OF REMOVING THE GOPHER TORTOISES AND A LIGHTING PLAN." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Commissioner Krebs asked, "Because this is not going in multiple phases, still they will remove all of the tortoises during Phase I?" Mr. Baker replied, "Yes." REGULAR 602. Office Of The City Manager Requesting The City Commission To Consider The Recommendation Of The Board Of Trustees Regarding Selection Of Asset Investment Managers And A Custodial Bank For The City's Defined Benefit Pension Plan. Manager McLemore spoke on this Agenda Item. Mr. Michael S. Blake, 711 Canadice Lane, Winter Springs, Florida: remarked about the work the Consultant did and this Agenda Item. Tape 3/Side A Mr. Blake continued his comments and asked for the City Commission's support. "I MOVE THAT WE ACCEPT THE RECOMMENDATIONS OF THE BOARD OF TRUSTEES REGARDING THE SELECTION OF ASSET INVESTMENT MANAGERS AND THE CUSTODIAL BANK FOR A DEFINED PENSION PLAN." MOTION BY DEPUTY MAYOR McGINNIS. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 26 OF 30 MAYOR BUSH SAID, "THE SELECTION OF FIFTH THIRD BANK AS THE PLAN'S CUSTODIAL BANK." DEPUTY MAYOR McGINNIS REPLIED, "YES." MR. KEVIN SMITH, DIRECTOR, GENERAL SERVICES DEPARTMENT STATED, "DEPUTY MAYOR, COULD I ALSO ASK FOR APPROVAL FOR THE CITY MANAGER - PENSION ATTORNEY AND OUR CITY ATTORNEY TO EXECUTE NECESSARY DOCUMENTS?" DEPUTY MAYOR McGINNIS REPLIED, "SO MOVED, YES." MAYOR BUSH SAID, "IT IS NUMBER 3. IN THE RECOMMENDATIONS THERE." MAYOR BUSH SAID, "MOTION BY COMMISSIONER McGINNIS. COMMISSIONER MILLER, SECOND?" COMMISSIONER MILLER SAID, "YES, SIR." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 603. Finance Department Requesting City Commission Acceptance Of The Comprehensive Annual Financial Report (CAFR), As Presented, For The Fiscal Year Ended September 30, 2006. Ms. Greco addressed the City Commission regarding this Agenda Item. Ms. Kelly Leary, McDirmit, Davis and Company, LLC, 605 East Robinson Street, Suite 635, Orlando, Florida: spoke on the Comprehensive Annual Financial Report (CAFR). Discussion. Commissioner Miller stated, "I think it is appropriate to compliment our financial officer and our City Manager for producing another banner year for the City." "I MAKE A MOTION THAT WE ACCEPT THE REPORT AS IT STANDS." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 27 OF 30 MAYOR BUSH COMMENTED, "I THINK THAT COMMENDATIONS GO TO THE DEPARTMENT HEADS TOO." COMMISSIONER MILLER REMARKED, "WELL, ALSO, YES SIR. THE WHOLE TEAM." MAYOR BUSH SAID, "THE WHOLE TEAM." VOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mayor Bush commented, "Commissioners, 1 did ask Michelle (Greco) when she had time, to put together a brief summary - of the positive things here that we are shown. And she is working on that. 1 think that is something good to put in the Newsletter. The fact that all Departments came in under budget. The reserves are up; debt is down; things like that." REGULAR 604. Office Of The City Manager Requesting The City Commission To Complete Appointments To The Ad Hoc Winter Springs Citizen Property Tax Reform Mitigation Study Committee. Mr. Smith addressed the City Commission regarding this Agenda Item. Regarding Mr. Fred Curtis' Application, Deputy Mayor McGinnis said, "I called him; he said he never got one." Ms. Lorenzo-Luaces replied, "Okay, we'll send another one." Deputy Mayor McGinnis asked, "Could you send another one?" Ms. Lorenzo-Luaces replied, "Sure." Mayor Bush commented, "Rande Thompson has indicated an interest to serve. He is on the TLBD (Tuscawilla Lighting and Beautification District [Advisory Committee D. SO, 1 would like to put his name forward." Mayor Bush noted, "Rande Thompson is who 1 am recommending." "I WILL MAKE THE MOTION." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2007 PAGE 28 OF 30 MAYOR BUSH SAID, "MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS TO APPOINT RANDE THOMPSON FROM TLBD (TUSCA WILLA LIGHTING AND BEAUTIFICATION DISTRICT [ADVISORY COMMITTEE])." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. "I WOULD LIKE TO NOMINATE KATHRYN FAIRCHILD REPRESENTING BOARD OF ADJUSTMENT." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "I WOULD LIKE TO NOMINATE RICHARD MASTROBERTE." MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. "I WOULD LIKE TO NOMINATE SONDRA AHLERS." MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9,2007 PAGE 29 OF 30 VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGARDING AN APPOINTEE FROM THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE, COMMISSIONER MILLER STATED, "I WOULD LIKE TO NOMINATE TERRY PATTON." MOTION BY COMMISSIONER MILLER. COMMISSIONER KREBS ASKED, "DO YOU THINK HE WILL DO IT?" COMMISSIONER MILLER REPLIED, "I DON'T KNOW. I WILL HAVE TO CALL HIM AND ASK HIM." COMMISSIONER MILLER CONTINUED, "I AM SURE HE PROBABLY WOULD." MAYOR BUSH SAID, "SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION." VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. Discussion. REGULAR 605. Community Development Department Requests The City Commission Make The Remaining Appointments To The 2007 Winter Springs Districting Commission. Mayor Bush commented, "So, Commissioners Miller and Gilmore will have their Appointments at our next Meeting." ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 9:15 p.m. RESPECTFULLY SUBMITTED: DANIELLE HARKER, ASSISTANT TO THE CITY CLERK ~ '1 I i AN A LORENZO-LUACES, CMC CITY CLERK APPROVED: GoL.) f~ ~ F. BUSH MA YOR NOTE: These Minutes were approved at the April 23, 2007 Regular City Commission Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9,2007 PAGE 30 OF 30