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HomeMy WebLinkAbout2006 06 12 Consent 407 Approve May 22 Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING MA Y 22, 2006 CALL TO ORDER The Regular Meeting of Monday, May 22, 2006 of the City Commission was called to Order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Michael S. Blake, present Commissioner Robert S. Miller, present Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. PUBLIC INPUT Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: spoke about the July 23,2006 "Hogs & Hound Poker Run" and asked about getting the word out on the City's Website and at our 4th of July festivities on this late July event. Mr. Greg Pike, 810 Shallow Brook Avenue, Winter Springs, Florida: as the President of the Winding Hollow Homeowner's Association, Mr. Pike read into the Record a letter from the Winding Hollow Homeowner's Association related to their neighborhood school bus service. Mr. Robin Neilen, 1033 Northern Way, Winter Springs, Florida: spoke briefly on Public Hearings Agenda Item "201" and spoke on zoning and possible restrictions. I:a ~ -== a... ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 2 OF 24 AWARDS AND PRESENTATIONS Mayor Bush introduced Mr. Emil V. Abrahamian, a retired syndicated cartoonist who showed his patriotic posters. Mayor Bush stated, "Thank you. We will get those framed and put out in the Lobby." AWARDS AND PRESENTATIONS 100. Office Of Deputy Mayor Michael S. Blake Memorial Day Observance Presented By Cadet Sergeant Whitney Winchester USCC From The United States Military Academy At West Point. Deputy Mayor Michael S. Blake introduced Cadet Sergeant Whitney Winchester, USCC from the United States Military Academy at West Point. Commissioner Joanne M. Krebs commented on Mr. Abrahamian's drawings and Art Programs in the community in general, and stated, "I was going to ask the City Manager where we were or if we have gone any further on some of that information that 1 had dropped off to him - and have you heard anything back about that Program itself, which involved actually the employees of the City and that Art Program?" City Manager Ronald W. McLemore responded, "I have not moved forward on that. I'm sorry." Mr. Chuck Pula, Director, Parks and Recreation Department noted, "We are gathering all the information - we will be participating through our employees here with the City as part of that. " PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department - Planning Division Wishes To Update The City Commission On The Status Of The Sonoma Pointe Project That Was Delayed At The May 8, 2006 City Commission Meeting. 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. Mr. Randy Stevenson, ASLA, Director, Community Development Department introduced this Agenda Item and noted, "This was postponed for two (2) weeks to allow Staff and the City Manager to negotiate with the Applicant to possibly diversify the unit types a little more. We are currently in the midst of those negotiations." -==a ~ -=- ~ A: J:L.. i1 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 3 OF 24 Lastly, Mr. Stevenson said, "As soon as we are satisfied - and we have successful negotiations, we'll bring this item back forward to you. We are also in the process of finalizing the Final Engineering and the Development Agreement for this particular project." PUBLIC HEARINGS 201. Office Of The City Attorney Requests That The City Commission Consider Adopting Emergency Ordinance Number 2006-08 Which Will Establish Interim Regulations Requiring That Additions, Modifications, And Expansions Of Buildings And Structures In Residential Areas Be Compatible And In Harmony With Existing Buildings And Structures And The Surrounding Neighborhood. Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Sharyon Neilen, 1033 Northern Way, Winter Springs, Florida: spoke regarding additions to the property to increase property values. Mayor Bush closed the "Public Input" portion of the Agenda Item. Mayor Bush said, "This is an Ordinance, do we have a Motion to read by 'Title' only?" "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BLAKE." DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. City Attorney Anthony A. Garganese read Ordinance 2006-08 by "Title" only and stated, "It is an Emergency Ordinance; it would require two-thirds Vote pursuant to Florida Law for passage." Attorney Garganese added, "For existing single-family residential units - the aesthetic criteria that's currently in place for new developments within the City - the only twist is that the initial stab at making the determination of compatibility and harmony would be done at the Staff level, and if any Property Owner feels that the Staff decision is improper, they would have a right to Appeal it to the City Commission and the City Commission would be the one rendering the final decision in the event of an Appeal. " Discussion. ,:::a ~ K ~ ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 4 OF 24 Deputy Mayor Blake said, "This Ordinance would sunset in six (6) months?" Attorney Garganese said, "It would sunset in six (6) months or sooner, if the Commission adopts permanent regulations before then. My idea would be to repeal this Ordinance." Deputy Mayor Blake reiterated, "There is no specific use that's being prohibited by this Emergency Interim Ordinance? It merely creates a method for review of any proposed changes or development or additions, subtractions - to ones property and if the Staff does not find favorably for the Applicant, then the Applicant can, in five (5) days, can notify the City Manager and it will be brought before the City Commission on an Appeal basis." Attorney Garganese said, "Yes." Commissioner Robert S. Miller said, "I would like to have something - an Information Item from the City Manager maybe once a month on issues that have been encountered in this because this came about as a result of one (I) incident in one (1) section of the City and I don't want it to impact the rest of the City." Commissioner Miller added, "I think that would be a good way for us to at least be briefed on what is going on during the six (6) month period. So, I don't know if we need a Consensus on that?" Commissioner Sally McGinnis said, "It will be an asset to the entire City, be a protection to the entire City. I am very pleased with the way this is being handled." Discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mayor Bush said, nCommissioner Miller asked that Mr. McLemore bring - a Report back to the Commission on these issues. Do the Commissioners all agree with that?" Commissioner Gilmore stated, nYes." Commissioner McGinnis said, nThat is fine." There were no objections from the Commission. c::a ~ ~ i CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 5 OF 24 PUBLIC HEARINGS 202. Office Of The City Attorney Requests That The City Commission Adopt On Third Reading Ordinance 2006-02 Which Shall Prohibit The Annexation, Either Voluntarily Or Involuntarily, Of Any Real Property That Is Located East Of An Imaginary Straight Line Which Commences On The Southern Boundary Of The Shores Of Lake Jesup And Runs Southward Along The Eastern Most Boundary Of The Deleon Street Right-Of-Way And Which Terminates On The Northern Most Boundary Of The City Of Oviedo. Mayor Bush said, "Can we have a Motion to read by 'Title' only?" "SO MOVED." MOTION BY COMMISSIONER KREBS. MAYOR BUSHED STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2006-02 by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: spoke briefly about an article regarding the Black Hammock and comments made by a City of Oviedo Councilman. Discussion ensued on Deleon Street and the "Imaginary Line". Deputy Mayor Blake said to Attorney Garganese, "The Comp Plan language - I don't see that." Attorney Garganese said, "It's in Section 3. of the Ordinance." Deputy Mayor Blake said, "It wasn't underlined." Attorney Garganese said, "It's not going in the Code. It's a Directive. We are not Codifying that language." Deputy Mayor Blake asked, "We're not?" Attorney Garganese said, "No. But it is still part of the Ordinance. It's just not going into the Code." Deputy Mayor Blake asked, "Why should we not put it into the Code?" Attorney Garganese said, "Once it gets into the Code, the Directive eventually is going to be implemented into the next Cycle and it's just going to be in the Code as - dead of Law - wouldn't have any meaning once it gets into the Comprehensive Plan. It has the same force and effect; it's just not being Codified. It's going to be a Law. It's a legal Directive of the Commission to the Manager to put it in the Comprehensive Plan, the next planning Cycle which is coming up." ,::::a ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 6 OF 24 Deputy Mayor Blake said, "I would like to have it in the language in the Ordinance in the Code." Attorney Garganese said, "Okay. That's not a problem. 1 can just add that in as a Subparagraph (b) and then (a) will be the language declaring the Policy." Deputy Mayor Blake said, "Correct." Attorney Garganese said, "That's not a problem." Commissioner Miller said, "There was a comment made by Mr. Martinez. 1 would like him to enter that document into the Record if he has it with him." Tape I/Side B Commissioner Miller noted, "I would like to get a copy." Commissioner Krebs said, "I would like to read that also." Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOVE TO ADOPTION WITH THE ADJUSTMENT OF SUBSECTION 2-118. (a) AND THEN THE ADDITION OF SECTION 3. INTO 2-118. (b)." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 203. Office Of The City Attorney Requests That The City Commission Adopt On Third Reading Ordinance 2006-03 Providing Standards And Criteria For Limiting Residential Densities Of Future Development Projects Within The City Of Winter Springs. Attorney Garganese read Ordinance 2006-03 by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. ~ ~ i CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 7 OF 24 "I MAKE A MOTION THAT WE APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. COMMISSIONER McGINNIS SAID, "I WOULD JUST LIKE TO REQUEST THAT WE PUT - IN OUR NEWSLETTER AND EXPLAIN THIS BECAUSE I HA VE HAD MANY PEOPLE SAY TO ME, 'OH, I AM SO GLAD YOU ARE LOWERING THE DENSITIES'. THERE IS A MISPERCEPTION HERE." REFERENCING SECTION 2., NUMBER (5), DEPUTY MAYOR BLAKE SAID, "DOES THAT SUGGEST THAT IF THERE IS NO AGREEMENT IN PLACE, NO INTERLOCAL BETWEEN THE SCHOOL SYSTEM AND THE CITY THAT PERTAINS TO CAPACITIES, OVERCROWDING, STUDENT COUNTS, ANYTHING OF THA T NATURE, THEN THAT PARAGRAPH WOULD NOT APPLY?" ATTORNEY GARGANESE SAID, "THE INTENT OF THAT PARAGRAPH IS TRY TO GET AHEAD OF THE CURVE ON THE SCHOOL CONCURRENCY REGULATIONS THAT ARE GOING TO BE IMPLEMENTED BY INTERLOCAL AGREEMENTS IN THE COMING YEARS - ADOPTED LAST YEAR." ATTORNEY GARGANESE ADDED, "THE COMMISSION SHOULD HAVE THE ABILITY TO LOOK AT THE SCHOOL CAPACITY ISSUES." DISCUSSION. "I WOULD LIKE TO AMEND THE MOTION TO DELETE SECTION 2.. NUMBER (5) FOR THOSE REASONS." AMENDMENT TO THE MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) DEPUTYMAYORBLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. ~ ~ ~=~ ~ i CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 8 OF 24 REGULAR AGENDA REGULAR 300. Information Services Department Wishes To Discuss The Issue Of WiFi And Requests Further Direction From City Commission On This Issue. Ms. Joanne Dalka, Director, Information Services Department presented this Agenda Item. Ms. Dalka said, "What I am proposing tonight - we are at a point right now where we need to obtain a Consultant and I think we probably should go out to Bid for that and get the Consultant to come in and do a Visioning with the Commission and the Visioning may take one (1) to two (2) Meetings with the Commission for you all to set your visions and then set your goals in order for us to have a Business Plan written and from that Business Plan, we can move forward with what Business Model that the Commission will choose to move forward with." Ms. Dalka noted, "We need a specialized Consultant." Ms. Dalka added, "The first step would be for us to obtain via RFP (Request For Proposal) a Consultant. Now, Florida League [of Cities] does do - this type of Consulting. I did talk to them briefly, but I do , feel that we probably should go out to Bid for this. I asked them - numbers for the Scope of Work what they would propose this would cost. They proposed, twenty-five thousand dollars to thirty-five thousand dollars ($25,000.00 to $35,000.00). I'm thinking that it is going to cost more than that - for a Consultant." Discussion. Deputy Mayor Blake said, "This Consulting engagement that Joanne [Dalka] is recommending is money well spent." Deputy Mayor Blake added, "If Winter Springs wants to be the kind of City that we have invested millions of dollars - hundreds, if not thousands of hours in work to provide, this is the right thing to do." Deputy Mayor Blake noted, "The provision of the canopy that provides connectivity for everyone in the City of Winter Springs, provides tremendous opportunities in terms of economic development, it sets as a forward thinking Community, and it provides access to all the citizens of Winter Springs to the information store that exists out there in the real world." Commissioner McGinnis remarked, "I totally concur with that. Weare at that point, we have to make that decision. I support that." Commissioner McGinnis added, "I absolutely endorse this one hundred percent (100%)." Commissioner Gilmore commented, "I also support getting a Consultant. My concern is how we get that Consultant." Commissioner Gilmore stated, "Joanne [Dalka] has suggested we go out for Bids." Deputy Mayor Blake said, "It is a Request For Proposal which is reviewing and ranking qualifications." ~ ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 9 OF 24 "I WOULD LIKE TO MAKE A MOTION THAT WE AUTHORIZE THE CITY MANAGER TO DEVELOP AN RFP (REQUEST FOR PROPOSAL) TO HIRE A CONSULTANT TO REVIEW THE CITY'S WiFi OPTIONS." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. Mr. George Kosmac, Deputy Superintendent, Seminole County Public Schools, 400 East Lake Mary Boulevard, Sanford, Florida: spoke on the benefits of expanding learning opportunities and noted, "We would like to, whatever to degree we can, or what is appropriate, assist you in the technical aspects of that. So, if there is a way that we can participate, and if that is helping on the selection of a Consultant, although most of our expertise is on the technical area of the actual installation and operation of the WiFi network. " VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 301. Office Of The City Manager Requesting The City Commission To Review Information Regarding The City Manager's Annual Evaluation In Performance Year "10" November 1, 2004 Through October 31, 2005 And To Take Action The City Commission Deems Appropriate. Manager McLemore introduced this Agenda Item. Discussion. Commissioner Gilmore stated, "I noticed that we have not taken all of the Cities around us like Lake Mary into consideration. What was the Criteria when we looked at the adjacent cities?" Manager McLemore stated, "Several years ago, actually when we did the first contract - the Commission agreed upon the cities that it wanted to sample as benchmarks for the area and those are the ones we used all along. If you want to change that, you certainly have the opportunity to do that." Mayor Bush asked Manager McLemore, "Are these based on population?" Manager McLemore responded, "What we tried to do was get an average - have the average of the population average out where we are, approximately our same population." -==- ~ ~: it CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 10 OF 24 "I WILL MAKE A MOTION THAT WE ACCEPT HIS RECOMMENDATION OF FOUR PERCENT (4%)." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. DEPUTY MAYOR BLAKE SAID, "I DON'T KNOW THAT THERE WAS A RECOMMENDATION." COMMISSIONER McGINNIS SAID, "I DON'T THINK SO EITHER." DEPUTY MAYOR BLAKE SAID, "WHAT IS THAT FOUR PERCENT (4%) OF?" MANAGER McLEMORE SAID, "IT'S THE SAME AS WITH YOUR OTHER EMPLOYEES, I WOULD ASSUME IT'S A MERIT INCREASE OF FOUR PERCENT (4%) BASED ON GROSS SALARY." Commissioner Miller left the dais at 7:41 p. m. DISCUSSION. Commissioner Miller returned to the dais at 7:42 p.m. DEPUTY MAYOR BLAKE ASKED, "I AM NOT CONVINCED THAT THE FORMULA IS THE SAME. YOU JUST SAID FOUR PERCENT (4%). BUT, I DON'T KNOW - FOUR PERCENT (4%) OF WHAT?" DEPUTY MAYOR BLAKE NOTED, "YOUR COMPENSATION PACKAGE IS BROKEN DIFFERENTLY THAN GENERAL EMPLOYEES IN THE CITY. NO OTHER EMPLOYEE GETS A CAR ALLOWANCE, DO THEY?" MANAGER McLEMORE NOTED, "THERE IS ONE (1) THAT DOES, YES - ANOTHER DEPARTMENT HEAD." MANAGER McLEMORE SAID, "WHAT I PUT INTO THE '401[k]' AND '457' IS ALL GROSS SALARY. THE ELEVEN PERCENT (11 %) FOR PENSION IS PAID DIRECTLY OUT OF MY SALARY JUST LIKE EVERY OTHER EMPLOYEE. SO, I THINK THE DIFFERENCE WOULD BE THE CAR ALLOWANCE." DEPUTY MAYOR BLAKE SAID, "THE PORTION THAT GOES INTO THE PENSION CONTRIBUTION IS BASED ONLY ON YOUR BASE SALARY?" MANAGER McLEMORE STATED, "YES." MANAGER McLEMORE ADDED, "I WOULDN'T ASK FOR ANYTHING MORE THAN WHAT WE'RE DOING FOR THE OTHER EMPLOYEES." DEPUTY MAYOR BLAKE SAID, "THE CITY PAID RETIREMENT, SEVENTEEN THOUSAND AND TWENTY DOLLARS ($17,020.00). HOW IS THAT CALCULATED?" MANAGER McLEMORE SAID, "THE NUMBER IS ACTUALLY BASED ON THE ELEVEN PERCENT (11%) COMES OUT OF MY SALARY NOW." DEPUTY MAYOR BLAKE SAID, "THAT WAS THE ANSWER I WAS LOOKING FOR." I::::a e ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE II OF 24 COMMISSIONER McGINNIS SAID, "I WOULD LIKE TO JUST SPEAK IN SUPPORT OF THE GOOD JOB THAT I THINK OUR CITY MANAGER HAS DONE. ONE OF THE THINGS THAT WE HAVE, THAT WE SEE OTHER CITIES DON'T, IS WE HAVE A REAL STABLE GOVERNMENT." COMMISSIONER McGINNIS ADDED, "I SUPPORT THE FOUR PERCENT (4%) AND I THANK YOU FOR A JOB WELL DONE." MANAGER McLEMORE SAID, "THANK YOU." COMMISSIONER MILLER STATED, "POINT OF CLARIFICATION" AND SAID, "THE FOUR PERCENT (4%) IT IS ON - GROSS SALARY?" MANAGER McLEMORE SAID, "IT WOULD BE LESS THE CAR ALLOWANCE AND - LIFE INSURANCE, ALL THAT KIND OF STUFF." WITH FURTHER DISCUSSION ON SALARY, MANAGER McLEMORE NOTED, "ALL I ASK IS YOU TREAT ME LIKE EVERY OTHER EMPLOYEE - EVERY OTHER EMPLOYEE - I BELIEVE THEIR GROSS SALARY, AND WE WILL CHECK AND BE SURE, THAT IT IS THE MERIT INCREASE IS PAID ON FOUR PERCENT (4%) OF ALL INCOME. NOW IF THAT'S WRONG, WE WON'T DO IT THAT WAY, BUT I THINK YOU'LL FIND THAT THAT'S THE WAY IT WAS DONE. I PROMISE WE WILL DO IT EXACTLY THE WAY WE DO IT FOR EVERY OTHER EMPLOYEE." "I WOULD LIKE TO AMEND THE MOTION TO GRANT THE MANAGER A PERFORMANCE RAISE OF FOUR PERCENT (4%) OF MEDICARE WAGES. MEDICARE WAGES TAKES INTO ACCOUNT ALL OF THOSE WAGES THAT MEDICARE TAXES ARE PAID ON WHETHER THEY ARE IN A '457', '401k'; DOES NOT INCLUDE CAR ALLOWANCE. IT INCLUDES - ALL WAGES ARE SUBJECT TO MEDICARE TAXES." AMENDMENT TO THE MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY MOTION CARRIED. a::::a ~ ~: ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 12 OF 24 VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 302. Community Development Department - Urban Beautification Services Division Requesting The City Commission Approve A Plan And Funding For Landscape Improvements To The State Road 434 Medians As Part Of The Town Center District Landscaping Program. Mr. Steven Richart, Urban Beautification Services Division Manager, Community Development Department presented this Agenda Item and said, "This Program consists of three (3) phases, and originally we had funding of forty-five thousand [dollars] ($45,000.00) this year available to start the Project and that was the first phase. . I received a phone call on Friday, after I had given you - this Agenda Item, from the Florida Department of Transportation and they suggested that they had some money available for us to go ahead and apply for the full amount of the landscaping and they would fund it a hundred percent (100%), that's one hundred forty-two thousand [dollars] ($142,000.00). But the funding is not available until July of next year, so, I would like to change this Item a little bit, and actually suggest that we start Phase 3. first." A PowerPoint presentation was shown of the medians. Discussion ensued on safety factors and medians. Tape 2/Side A The PowerPoint presentation continued. Commissioner Miller asked, "What is the State going to provide if the funding is available in July of next year?" Mr. Richart said, "They're going to provide one hundred forty-two thousand [dollars] ($142,000.00)." Commissioner Miller said, "But what is that going to be used for specifically?" Mr. Richart said, "That is going to be used for- the landscaping, the plant material, the trees, and the shrubs..." Commissioner Miller asked, "... What kind of trees are we talking about? Because you mentioned hardwood trees. So, that only is going to be available when the road is six (6) laned." J=::a ~ ~ a=c: =-- ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 13 OF 24 Mr. Richart said, "It's going to allow us to put in the softwood trees, which are trees - and currently, you can see some located on Tuskawilla Road - some of them are approximately eighteen to twenty feet (18' - 20') tall; but they will break away during an accident event." With further comments, Mr. Richart added, "Well, in their words, when they six (6) lane it, it's all gone." Commissioner Miller said, "So, there is no hardwood trees?" Mr. Richart said, "When they six (6) lane it, there will be." Additionally, Commissioner Miller remarked, "So, are we going to have hardwood trees in the median or not?" Mr. Richart responded, "We're going to lose about ten feet (10') on each side of the median. It's going to leave us with approximately twenty-two feet (22') in most places to have trees." Commissioner Miller then asked, "So, there would be curbs along the entire median when it is six (6) laned?" Mr. Richart said, "Precisely." Mayor Bush asked, "What do you want Steve [Richart]? Tell us what you want." Mr. Richart said, "1 want you to approve - Option 3, Phase 3. out of the General Fund for one hundred twenty-eight thousand [dollars] ($128,000.00) to install the brick hardscaping on twelve (12) medians." Manager McLemore said, "On your Motion, if you would say, "Either the General Fund or the One Cent Sales Tax - since this is going to be hardscape, we may look at that as an option." Manager McLemore added, "It's the One Cent Local Option Sales Tax (Transportation Fund)." Commissioner Miller said to the City Commissioners, "We have got to start putting trees along the edge of the road and we have got to do everything we can to put trees in the median." Mr. Richart said, "We have started in the Village Walk, we are putting hardwoods in along [State Road] 434 and the reason we haven't really concentrated on this area - Town Center going eastward is, all of the construction." Discussion. "I WILL MOVE THAT WE ACCEPT OPTION 3 WITH THE MONEY COMING FROM THE GENERAL FUND OR THE ONE CENT LOCAL TRANSPORTATION TAX." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY COMMISSIONER McGINNIS: AYE MOTION CARRIED. ~ e s:c: a... ii CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 14 OF 24 REGULAR 303. Office Of The City Manager Requesting Direction From The City Commission In Regards To The Possible Issuance Of An RFP (Request For Proposal) For Investment Manager Services For The City's Defined Benefit Pension Plan. Mr. Kevin Smith, Director, General Services Department presented this Agenda Item. Discussion. "I WOULD MOVE THAT WE DIRECT THE CITY MANAGER TO PROCEED WITH ISSUING AN RFP (REQUEST FOR PROPOSAL) FOR INVESTMENT SERVICES FOR OUR PENSION PLAN." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 400. Information Services Department Requests Authorization To Purchase Budgeted Equipment To Upgrade Network Backbone Infrastructure At City Hall In The Amount Of $15,478.78. No discussion. CONSENT 401. Parks And Recreation Department Requesting That The City Commission Approve A Supplemental Appropriation From General Fund Reserves In The Amount Of $ 2,461.00 To Provide The Funding To Replace The Ice Machine At The Senior Center From Gulf Ice Systems, Inc. There was no discussion on this Agenda Item. r:::a ~ ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 15 OF 24 CONSENT 402. Parks And Recreation Department Requesting That The City Commission Approve A Supplemental Appropriation From The General Fund Reserves In The Amount Of $19,880.00 To Provide The Funding To Replace The Wheelchair Lift Unit At The Central Winds Park Office From Accessibility Lifts, Inc. Discussion. CONSENT 403. Public Works Department Requesting Authorization To Enter In A Contractual Agreement For The Repair Of Storm Sewer Pipes On Sheoah Circle. Brief discussion. CONSENT 404. Office Of The Mayor Resolution Number 2006-26 - A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Gary Hillery For His Service On The Tuscawilla Lighting And Beautification District Advisory Committee. No discussion. CONSENT 405. Community Development Department - Urban Beautification Services Division Requesting Authorization To Award Improvement Grants Under The Fiscal Year 2005/2006 Neighborhood Improvement Grant Program. With discussion, Deputy Mayor Blake asked, "Do we do signage at all at these locations? Like a small little marker. That might be great thing to do..." Commissioner McGinnis said, "...Good idea...." Deputy Mayor Blake said, "...This improvement funded by a joint effort or' - because that way people will notice and that will help to make it even a better process too." Commissioner McGinnis said, "Good idea." Commissioner Krebs said, "I like that." c::a ~ c:::> ~ i CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE I60F24 CONSENT 406. Public Works Department Requesting Authorization To Hire American Water Services To Perform Storm Sewer Line Rehabilitation By Piggybacking Off Orange County Project Number Y 6-1 005-J2. No discussion. CONSENT 407. Office Of The City Clerk Requesting Approval Of The May 8, 2006 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 408. Office Of The City Clerk Requesting Approval Of The May 15, 2006 Special City Commission Meeting Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE" [CONSENT AGENDA]. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. ,:::a ~ &:C: e:a... ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 170F24 INFORMATIONAL 501. Public Works Department Providing The City Commission Information Regarding A Proposed SJRWMD (St. Johns River Water Management District) Seminole County Stormwater Treatment Facility Located At The Southwest Corner Of Howard Avenue And DeLeon Street In The City Of Winter Springs. Brief discussion. INFORMATIONAL 502. Public Works Department - Stormwater Division Providing An Update To The City Commission About The Total Maximum Daily Load Program For Lake Jesup, A Federally Required Water Quality Program Administered By The Florida Department Of Environmental Protection (FDEP) Under The Florida Watershed Restoration Act. Commissioner Krebs asked, "These TMDL's (Total Maximum Daily Load), are we explaining this to the Public - how do they get this information?" Mr. Brian Fields, City Engineer, Public Works Department said, "The information is out there for the public, whether we've been communicating it to them in a way that they can clearly understand from the engineering community; that's questionable." Commissioner Krebs asked, "If there is something that we can put on that Site - to help people of things that will impact you in the future." Mr. Fields said, "We could do that." Commissioner Krebs stated, "I just like to educate the public as much as possible so there is no shock." Further discussion. INFORMATIONAL 503. Utility Department Providing The City Commission With A Copy Of The Consumer Confidence Report That Will Be Sent To All Residents. Commissioner Gilmore said, "In the Report that goes to the public - it says, 'If you want . to learn more, please attend any of our regularly scheduled Commission Meetings. They are held the second and fourth Monday of every month'. Why are we telling people to show up here to learn about this thing?" Commissioner Gilmore added, "You are the people that they need to be contacting." Mr. Kip Lockcuff, Director, Public Works Department said, "We can take it out if you want. No problem." Deputy Mayor Blake said, "On the drinking water, I know we are having a Meeting next month, first Meeting in June the regularly scheduled Meeting. It might be a good idea to pull out all the fluoride - for that Meeting." c::a ~ c:::> i CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 18 OF 24 INFORMATIONAL 504. Public Works Department Advising The City Commission Of The Status Of Various Capital Improvement Projects. This Agenda Item was not discussed. INFORMATIONAL 505. Public Works Department Providing The City Commission Information Regarding The Design And Possible Expansion Of The Detention Pond At Saratoga Condominiums. There was no discussion on this Agenda Item. "MOTION TO APPROVE" [INFORMATIONAL AGENDA]. MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese said, "In the case, Potchen v. City of Winter Springs, the Plaintiffs filed a Notice of Appeal in that case, so we'll wait for them to file their Brief and then respond accordingly." REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore asked that Mr. Stevenson present a Draft Report to the City Commission, to which Mr. Stevenson explained, "I sit on the Community Development Technical Advisory Sub-Committee which will be presenting a Draft Report this Wednesday." "-'''(1'.- f~',,~~;~~ ;'~.-"~ ~'lf :~c:.,.... -.-"." .~ c... ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE I90F24 Mr. Stevenson further noted, "We are going to be presenting a Draft Report to the Seminole County Joint Services Advisory Committee outlining basically five (5) areas where we are already cooperating and proposing an additional nine (9) areas where we think we could explore the cooperation. Basically, the request is just to ask the Advisory Committee at this point to look at the list, let us know what they think about of the list, deduct from or add to the list. So, I just wanted you to be aware of this. I have copies for each Commissioner." With discussion, Deputy Mayor Blake asked, "Are these limited to developmental issues?" Mr. Stevenson said, "Yes. These are limited to developmental issues." Mr. Stevenson added, "Just Community Development issues." Mr. Stevenson then distributed a draft copy of the Report to the City Commission. Mayor Bush said to Mr. Stevenson, "Are you going to be at the Meeting?" Mr. Stevenson said, "Yes." REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC There was no Report from Deputy City Clerk Joan Brown. REPORTS 603. Commission Seat Four - Sally McGinnis Commissioner McGinnis asked, "On [State Road] 434, where the Affordable Legal Clinic is, the sign is gone, but the post is still there - is there anything we can do about that? Is that a violation of any...?" Attorney Garganese said, ". ..As you know, the City is currently in litigation with that property owner, not that that has anything to do with the post, but I think that's an issue that Captain Tolleson has addressed. He's probably the best person to answer that question." 604. Commission Seat Five - Joanne M. Krebs Commissioner Krebs asked Mr. Lockcuff, "That Oak Forest gate that they used to access, it is just unlocked and it is not supposed to be, and any kid can get in there. I don't know why - it is not us who did it, obviously, it is [The] Lake Doctors, [Inc.], I believe." ~ ~ ~: ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 20 OF 24 Next, Commissioner Krebs asked for further explanation on "The original relationship between the Village Walk and the [State Road] 434 median, how those two (2), are they connected in any way? Can you have one without the other - some questions came up about the beautification of [State Road] 434 and the Village Walk program and the no cut throughs, but now maybe we are looking at cut throughs and when we had somebody up here explaining that last Meeting and we talked about the fact that - Commissioner Blake seemed knowledgeable about it, we had to consider maybe leaving portions of that up because it had something to do with Village Walk." Manager McLemore said, "There was a portion of Village Walk that we promoted right from the beginning that would not have landscaped medians." Commissioner Krebs said, "Well, that was part of it." Manager McLemore said, "Initially, when the project was funded, they wanted to do the entire length - FDOT (Florida Department of Transportation), and based on a lot of experience, watching these things happen, we anticipated the problems we were going to have with the merchants trying to put the landscape islands in that three (3) block area. So, early out, the City took the position that we did not want that area to have landscaping. " Tape 2/Side B Manager McLemore added, "It put us in a position where we were able to go forward with the balance of the project by keeping that short section out of it as far as the medians were concerned, but the sides were okay. So, it was a negotiated position in order to make the project feasible." Manager McLemore said, "The FDOT (Florida Department of Transportation) this was funded for two (2) reasons - one (1) they believed that eliminating the suicide lane, what they call it, is an increase in safety on their highway system and it was also a Beautification Grant involved, so those were the funding apparatus that made this thing possible." Commissioner Krebs said, "I can take this off the side, but this is good to have on the Record - did they both stand on their own - or were they contingent upon each other?" Manager McLemore stated, "I don't remember that part." Mr. Lockcuff said, "The source of funds was a safety improvement money out of the ISTEA (Intermodal Surface Transportation Efficiency Act), for the whole thing, except for milling/resurfacing." I don't believe there was Beautification Grant, I think that all came out of Safety." Manager McLemore noted, "I am not sure that was exactly true, we can go back and check it." REPORTS 605. Office Of The Mayor - John F. Bush Mayor Bush said, "I was elected Chair of the Mayor's and Manager's Group and I was also elected Chair of Envision Seminole." Lastly, Mayor Bush also spoke of attending a myregion.org meeting. ,::::a ~ e:x:t ~ ea ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 21 OF 24 REPORTS 606. Commission Seat One - Robert S. Miller Commissioner Miller said, "Somebody's got to work with Code Enforcement on the strip mall, the one over where Lori Anne [Lane] is in the back. You drive around that parking lot there are chunks of concrete laying all over the place. I pointed it out about three (3) months ago." Commissioner Miller added, "It is not acceptable to me anymore." Chief of Police Daniel J. Kerr, Police Department said, "I just wanted to let you know, Glenn [Tolleson] is working very closely on this." Commissioner Miller said, "I know he is. But he is restricted by having to follow procedures and maybe the City needs to send those people a letter that we are going to condemn their facility if they don't get rid of the ground safety hazards there, and they have got fifteen (15) days to take care of it or else." Commissioner Miller added, "It has been a problem now for almost six (6) months and I keep bringing it up." With discussion on whether the City could take care of picking the debris up, Commissioner Miller then said, "I will take it up with the Attorney." Next, Commissioner Miller spoke about a new subdivision in Casselberry off of Murphy Road and said, "The traffic counts for Murphy Road right now coming into the City look like there are about 6,000 cars a day. When that project is developed it is going to produce 17,000 trips according to their data and they estimate thatfive percent (5%) of those are going to come north." Commissioner Miller said, "What this is leading up to is 1 would like the City to go out and hire a Consultant to do some Traffic Calming proposal work that they could bring to us sometime in the not too distant future because the houses are already coming out of the ground." Commissioner Miller added, "If we don't get it on our financial budget this year, at least if we have the Consultants recommendations, we can get it on the Budget for next year. " Mayor Bush said, "This morning 1 sat next to the Mayor of Casselberry, and he brought this up. He is talking about 40,000 trips a day. So, 1 think you have got a good point - need to do something about it, now, before it becomes a problem." Commissioner Miller said, "I am really concerned about this because Lake Drive is going to be torn up and - Seminola [Boulevard}. " Furthermore, Commissioner Miller added, "So, 1 would like to see the City look into hiring a Consultant and come back with some proposals; because we would also need to notify the people in that Community about what is happening and 1 think if we do it properly we will avoid some of the prior problems we have had where yet half the community doesn't want it because they really don't understand what we are talking about, and the other half really do want it because they do understand. " c:a ~ IL-~ ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 22 OF 24 Mayor Bush said, "Commissioner Miller is recommending that we hire a Consultant to study this. Is there a Motion to that affect or a Consensus?" Deputy Mayor Blake said, "Mayor, I think it is a Budget Item. Bring it up in the Budget discussions." Mayor Bush said, "Okay." Manager McLemore stated, "Add it to the list." Manager McLemore said, "I believe this should be on the Agen da for your next Meeting to show the cost of doing it." Mr. Lockcuff said, "Or two (2) Meetings maybe to get a Proposal on that." Manager McLemore said, "Two (2) Meetings, okay." Commissioner Krebs suggested, "I was just saying that this is a safety issue and - the quicker we act on it, the better off we are." Next, Commissioner Miller said, "I would like to see City Staff - Randy [Stevenson] - I would like to have this Commission get a briefing from the [US Highway] 17-92 CRA (Community Redevelopment Agency), the next Meeting, if possible." Mr. Stevenson said, "Okay." Commissioner Miller said, "This is on the Highlands, [US Highway] 17- 92." Commissioner McGinnis noted, "I would like to see that." Mayor Bush added, "So an Agenda Item Randy [Stevenson]." If you can arrange that for the next Meeting, I would appreciate it." Mr. Stevenson said, "We can do that." Lastly, Commissioner Miller mentioned that, "An item that showed up in the 'Opinion' in the Orlando Sentinel on Sunday, May 21 st, [2006] - about Development and this is called, 'Don't delay Way'." Commissioner Miller added, "I would like to get that on the Record. " REPORTS 607. Commission Seat Two/Deputy Mayor - Michael S. Blake Deputy Mayor Blake said, "This Notice we got from Alafaya Utilities about expanding the service area, Ron [McLemore] - did we look at that? Do we know where that area is?" Manager McLemore said, "I asked Kip [Lockcuff] to look at it and he said 'That it in no way comes close to us'." Secondly, Deputy Mayor Blake asked, "Tuskawilla Trails requesting a wall?" Manager McLemore said, "They keep bringing back some promise that we made, which we never made. Walls are not permitted in the Town Center except by - certainly by Special Exception. " Deputy Mayor Blake added, "Pumps running day and night, dust and dirt blowing around and making it hard for people to breathe. First off, hours of operation should be enforced by Code." Deputy Mayor Blake noted, "We just need to make sure that they are not creating a dust bowl anymore than they have to and that they are not creating noises disturbing the peace during off hours." ~ ~ ~: ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 23 OF 24 Lastly, Deputy Mayor Blake said, "Behind US, Orange Avenue - is being improved near the Levitt Development up to where the pond is but headed west the improvement stops short of near the mid-point of the Robert's house - big pink house." Deputy Mayor Blake asked, "Why do we stop projects in the middle of property?" Deputy Mayor Blake said, "I would like to see that added into the project." Deputy Mayor Blake added, "What would it take to do the additional two hundred feet (200')?" Mr. Fields said, "We can come back with a price. It would be a Change Order to the current Contract. We can request that and bring it back to the Commission." With discussion on right-of-ways, Mr. Fields noted, "We can look into it. If it is feasible, come back with a price for what it would take to go to the edge of that property." Deputy Mayor Blake said, "If we can have something back, I would appreciate it." .:. .:. AGENDA NOTE: THE FOLLOWING EXTRA REPORT WAS DISCUSSED NEXT, FOLLOWED BY THE LAST REPORT AS DOCUMENTED. .:. .:. REPORTS REPORTS 603. Commission Seat Four - Sally McGinnis Commissioner McGinnis spoke of a magazine that other cities distribute to their communities, with their name and stated, "Longwood now has it - like Orlando has one. I have the one from Maitland - we are certainly bigger than Longwood, and we may be at a point where we might want to consider something like that." Commissioner McGinnis added, "I will be giving that to you. We might want to look into it." REPORTS 608. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore said, "The subject came up earlier this evening about the poles on [State Road] 434 and the sidewalks. What has ever happened on that? It has been six (6) months or more since that subject was up." Mr. Fields said, "We are meeting with them again - to go over the V-Turn study issue and we will bring that issue up at that time, with them again." Commissioner Gilmore asked, "So, you will bring that up - it's not dead." Mr. Fields said, "It's not." Lastly, Commissioner Gilmore asked, "When you bring up the V-turn issue, will you come back hopefully with a program of when you will start - tearing the medians out?" Mr. Fields said, "We are going to approach them with a list of recommendations based on their study of things to implement and then kind of work through what that process is going to be with them as far as who is going to do it and when, and who is going to pay for it." =:a ~ ~ &:ICt A... ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 24 OF 24 With further discussion, Commissioner Gilmore suggested, "Take them out there - in front of the school, and show them where the children are being endangered." Commissioner Gilmore continued by recommending that "Take them over and show them that you couldn't get a wheelchair down the sidewalk, because of the pole in the middle of it." Commissioner Gilmore added, "I believe that the pole on the Northwest comer was in the middle and that there is a hand rail down along the side that would prohibit going around that." Commissioner McGinnis suggested, Look at it." ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 9: 17 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK JOAN 1. BROWN, DEPUTY CITY CLERK APPROVED: JOHN F. BUSH MA YOR NOTE: These Minutes were approved at the , 2006 Regular City Commission Meeting. &=a ~ ~: ~ ES CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING MA Y 22, 2006 CALL TO ORDER The Regular Meeting of Monday, May 22, 2006 of the City Commission was called to Order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Michael S. Blake, present Commissioner Robert S. Miller, present Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. PUBLIC INPUT Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: spoke about the July 23,2006 "Hogs & Hound Poker Run" and asked about getting the word out on the City's Website and at our 4th of July festivities on this late July event. Mr. Greg Pike, 810 Shallow Brook Avenue, Winter Springs, Florida: as the President of the Winding Hollow Homeowner's Association, Mr. Pike read into the Record a letter from the Winding Hollow Homeowner's Association related to their neighborhood school bus service. Mr. Robin Neilen, 1033 Northern Way, Winter Springs, Florida: spoke briefly on Public Hearings Agenda Item "201" and spoke on zoning and possible restrictions. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 2 OF 24 AWARDS AND PRESENTATIONS Mayor Bush introduced Mr. Emil V. Abrahamian, a retired syndicated cartoonist who showed his patriotic posters. Mayor Bush stated, "Thank you. We will get those framed and put out in the Lobby." AWARDS AND PRESENT A nONS 100. Office Of Deputy Mayor Michael S. Blake Memorial Day Observance Presented By Cadet Sergeant Whitney Winchester USCC From The United States Military Academy At West Point. Deputy Mayor Michael S. Blake introduced Cadet Sergeant Whitney Winchester, USCC from the United States Military Academy at West Point. Commissioner Joanne M. Krebs commented on Mr. Abrahamian's drawings and Art Programs in the community in general, and stated, "I was going to ask the City Manager where we were or if we have gone any further on some of that information that 1 had dropped off to him - and have you heard anything back about that Program itself, which involved actually the employees of the City and that Art Program?" City Manager Ronald W. McLemore responded, "I have not moved forward on that. I'm sorry." Mr. Chuck Pula, Director, Parks and Recreation Department noted, "We are gathering all the information - we will be participating through our employees here with the City as part of that." PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department - Planning Division Wishes To Update The City Commission On The Status Of The Sonoma Pointe Project That Was Delayed At The May 8, 2006 City Commission Meeting. 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. Mr. Randy Stevenson, ASLA, Director, Community Development Department introduced this Agenda Item and noted, "This was postponed for two (2) weeks to allow Staff and the City Manager to negotiate with the Applicant to possibly diversify the unit types a little more. We are currently in the midst ofthose negotiations." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MA Y 22, 2006 PAGE 3 OF 24 Lastly, Mr. Stevenson said, "As soon as we are satisfied - and we have successful negotiations, we'll bring this item back forward to you. We are also in the process of finalizing the Final Engineering and the Development Agreement for this particular project." PUBLIC HEARINGS 201. Office Of The City Attorney Requests That The City Commission Consider Adopting Emergency Ordinance Number 2006-08 Which Will Establish Interim Regulations Requiring That Additions, Modifications, And Expansions Of Buildings And Structures In Residential Areas Be Compatible And In Harmony With Existing Buildings And Structures And The Surrounding Neighborhood. Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Sharyon Neilen, 1033 Northern Way, Winter Springs, Florida: spoke regarding additions to the property to increase property values. Mayor Bush closed the "Public Input" portion of the Agenda Item. Mayor Bush said, "This is an Ordinance, do we have a Motion to read by 'Title' only?" "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BLAKE." DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. City Attorney Anthony A. Garganese read Ordinance 2006-08 by "Title" only and stated, "It is an Emergency Ordinance; it would require two-thirds Vote pursuant to Florida Law for passage." Attorney Garganese added, "For existing single-family residential units - the aesthetic criteria that's currently in place for new developments within the City - the only twist is that the initial stab at making the determination of compatibility and harmony would be done at the Staff level, and if any Property Owner feels that the Staff decision is improper, they would have a right to Appeal it to the City Commission and the City Commission would be the one rendering the final decision in the event of an Appeal. " Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 4 OF 24 Deputy Mayor Blake said, "This Ordinance would sunset in six (6) months?" Attorney Garganese said, "It would sunset in six (6) months or sooner, if the Commission adopts permanent regulations before then. My idea would be to repeal this Ordinance." Deputy Mayor Blake reiterated, "There is no specific use that's being prohibited by this Emergency Interim Ordinance? It merely creates a method for review of any proposed changes or development or additions, subtractions - to ones property and if the Staff does not find favorably for the Applicant, then the Applicant can, in five (5) days, can notify the City Manager and it will be brought before the City Commission on an Appeal basis." Attorney Garganese said, "Yes." Commissioner Robert S. Miller said, "I would like to have something - an Information Item from the City Manager maybe once a month on issues that have been encountered in this because this came about as a result of one (1) incident in one (1) section of the City and I don't want it to impact the rest of the City." Commissioner Miller added, "I think that would be a good way for us to at least be briefed on what is going on during the six (6) month period. So, I don't know if we need a Consensus on that?" Commissioner Sally McGinnis said, "It will be an asset to the entire City, be a protection to the entire City. I am very pleased with the way this is being handled." Discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mayor Bush said, "Commissioner Miller asked that Mr. McLemore bring - a Report back to the Commission on these issues. Do the Commissioners all agree with that?" Commissioner Gilmore stated, "Yes." Commissioner McGinnis said, "That is fine." There were no objections from the Commission. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22,2006 PAGE 5 OF 24 PUBLIC HEARINGS 202. Office Of The City Attorney Requests That The City Commission Adopt On Third Reading Ordinance 2006-02 Which Shall Prohibit The Annexation, Either Voluntarily Or Involuntarily, Of Any Real Property That Is Located East Of An Imaginary Straight Line Which Commences On The Southern Boundary Of The Shores Of Lake Jesup And Runs Southward Along The Eastern Most Boundary Of The Deleon Street Right-Of-Way And Which Terminates On The Northern Most Boundary Of The City Of Oviedo. Mayor Bush said, "Can we have a Motion to read by 'Title' only?" "SO MOVED." MOTION BY COMMISSIONER KREBS. MAYOR BUSHED STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2006-02 by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: spoke briefly about an article regarding the Black Hammock and comments made by a City of Oviedo Councilman. Discussion ensued on Deleon Street and the "Imaginary Line". Deputy Mayor Blake said to Attorney Garganese, "The Comp Plan language - I don't see that." Attorney Garganese said, "It's in Section 3. of the Ordinance." Deputy Mayor Blake said, "It wasn't underlined." Attorney Garganese said, "It's not going in the Code. It's a Directive. We are not Codifying that language." Deputy Mayor Blake asked, "We're not?" Attorney Garganese said, "No. But it is still part of the Ordinance. It's just not going into the Code." Deputy Mayor Blake asked, "Why should we not put it into the Code?" Attorney Garganese said, "Once it gets into the Code, the Directive eventually is going to be implemented into the next Cycle and it's just going to be in the Code as - dead of Law - wouldn't have any meaning once it gets into the Comprehensive Plan. It has the same force and effect; it's just not being Codified. It's going to be a Law. It's a legal Directive of the Commission to the Manager to put it in the Comprehensive Plan, the next planning Cycle which is coming up." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MA Y 22, 2006 PAGE 6 OF 24 Deputy Mayor Blake said, "I would like to have it in the language in the Ordinance in the Code." Attorney Garganese said, "Okay. That's not a problem. I can just add that in as a Subparagraph (b) and then (a) will be the language declaring the Policy." Deputy Mayor Blake said, "Correct." Attorney Garganese said, "That's not a problem." Commissioner Miller said, "There was a comment made by Mr. Martinez. I would like him to enter that document into the Record ifhe has it with him." Tape l/Side B Commissioner Miller noted, "I would like to get a copy." Commissioner Krebs said, "I would like to read that also." Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOVE TO ADOPTION WITH THE ADJUSTMENT OF SUBSECTION 2-118. (a) AND THEN THE ADDITION OF SECTION 3. INTO 2-118. (b)." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 203. Office Of The City Attorney Requests That The City Commission Adopt On Third Reading Ordinance 2006-03 Providing Standards And Criteria For Limiting Residential Densities Of Future Development Projects Within The City Of Winter Springs. Attorney Garganese read Ordinance 2006-03 by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22,2006 PAGE 7 OF 24 "I MAKE A MOTION THAT WE APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. COMMISSIONER McGINNIS SAID, "I WOULD JUST LIKE TO REQUEST THAT WE PUT - IN OUR NEWSLETTER AND EXPLAIN THIS BECAUSE I HAVE HAD MANY PEOPLE SAY TO ME, 'OH, I AM SO GLAD YOU ARE LOWERING THE DENSITIES'. THERE IS A MISPERCEPTION HERE." REFERENCING SECTION 2., NUMBER (5), DEPUTY MAYOR BLAKE SAID, "DOES THAT SUGGEST THAT IF THERE IS NO AGREEMENT IN PLACE, NO INTERLOCAL BETWEEN THE SCHOOL SYSTEM AND THE CITY THAT PERTAINS TO CAPACITIES, OVERCROWDING, STUDENT COUNTS, ANYTHING OF THAT NATURE, THEN THAT PARAGRAPH WOULD NOT APPL Y?" ATTORNEY GARGANESE SAID, "THE INTENT OF THAT PARAGRAPH IS TRY TO GET AHEAD OF THE CURVE ON THE SCHOOL CONCURRENCY REGULATIONS THAT ARE GOING TO BE IMPLEMENTED BY INTERLOCAL AGREEMENTS IN THE COMING YEARS - ADOPTED LAST YEAR." ATTORNEY GARGANESE ADDED, "THE COMMISSION SHOULD HAVE THE ABILITY TO LOOK AT THE SCHOOL CAPACITY ISSUES." DISCUSSION. "I WOULD LIKE TO AMEND THE MOTION TO DELETE SECTION 2.. NUMBER (5) FOR THOSE REASONS." AMENDMENT TO THE MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 8 OF 24 REGULAR AGENDA REGULAR 300. Information Services Department Wishes To Discuss The Issue Of WiFi And Requests Further Direction From City Commission On This Issue. Ms. Joanne Dalka, Director, Information Services Department presented this Agenda Item. Ms. Dalka said, "What I am proposing tonight - we are at a point right now where we need to obtain a Consultant and I think we probably should go out to Bid for that and get the Consultant to come in and do a Visioning with the Commission and the Visioning may take one (1) to two (2) Meetings with the Commission for you all to set your visions and then set your goals in order for us to have a Business Plan written and from that Business Plan, we can move forward with what Business Model that the Commission will choose to move forward with." Ms. Dalka noted, "We need a specialized Consultant." Ms. Dalka added, "The first step would be for us to obtain via RFP (Request For Proposal) a Consultant. Now, Florida League [of Cities] does do - this type of Consulting. I did talk to them briefly, but I do feel that we probably should go out to Bid for this. I asked them - numbers for the Scope of Work what they would propose this would cost. They proposed, twenty-five thousand dollars to thirty-five thousand dollars ($25,000.00 to $35,000.00). I'm thinking that it is going to cost more than that - for a Consultant." Discussion. Deputy Mayor Blake said, "This Consulting engagement that Joanne [Dalka] is recommending is money well spent." Deputy Mayor Blake added, "If Winter Springs wants to be the kind of City that we have invested millions of dollars - hundreds, if not thousands of hours in work to provide, this is the right thing to do." Deputy Mayor Blake noted, "The provision of the canopy that provides connectivity for everyone in the City of Winter Springs, provides tremendous opportunities in terms of economic development, it sets as a forward thinking Community, and it provides access to all the citizens of Winter Springs to the information store that exists out there in the real world." Commissioner McGinnis remarked, "I totally concur with that. Weare at that point, we have to make that decision. I support that." Commissioner McGinnis added, "I absolutely endorse this one hundred percent (100%)." Commissioner Gilmore commented, "I also support getting a Consultant. My concern is how we get that Consultant." Commissioner Gilmore stated, "Joanne [Dalka] has suggested we go out for Bids." Deputy Mayor Blake said, "It is a Request For Proposal which is reviewing and ranking qualifications." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 9 OF 24 "I WOULD LIKE TO MAKE A MOTION THAT WE AUTHORIZE THE CITY MANAGER TO DEVELOP AN RFP (REQUEST FOR PROPOSAL) TO HIRE A CONSUL T ANT TO REVIEW THE CITY'S WiFi OPTIONS." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. Mr. George Kosmac, Deputy Superintendent, Seminole County Public Schools, 400 East Lake Mary Boulevard, Sanford, Florida: spoke on the benefits of expanding learning opportunities and noted, "We would like to, whatever to degree we can, or what is appropriate, assist you in the technical aspects of that. So, if there is a way that we can participate, and if that is helping on the selection of a Consultant, although most of our expertise is on the technical area of the actual installation and operation of the WiFi network. " VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 301. Office Of The City Manager Requesting The City Commission To Review Information Regarding The City Manager's Annual Evaluation In Performance Year "10" November 1, 2004 Through October 31, 2005 And To Take Action The City Commission Deems Appropriate. Manager McLemore introduced this Agenda Item. Discussion. Commissioner Gilmore stated, "I noticed that we have not taken all of the Cities around us like Lake Mary into consideration. What was the Criteria when we looked at the adjacent cities?" Manager McLemore stated, "Several years ago, actually when we did the first contract - the Commission agreed upon the cities that it wanted to sample as benchmarks for the area and those are the ones we used all along. If you want to change that, you certainly have the opportunity to do that." Mayor Bush asked Manager McLemore, "Are these based on population?" Manager McLemore responded, "What we tried to do was get an average - have the average of the population average out where we are, approximately our same population." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 10 OF 24 "I WILL MAKE A MOTION THAT WE ACCEPT HIS RECOMMENDATION OF FOUR PERCENT (4%)." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. DEPUTY MAYOR BLAKE SAID, "I DON'T KNOW THAT THERE WAS A RECOMMENDATION." COMMISSIONER McGINNIS SAID, "I DON'T THINK SO EITHER." DEPUTY MAYOR BLAKE SAID, "WHAT IS THAT FOUR PERCENT (4%) OF?" MANAGER McLEMORE SAID, "IT'S THE SAME AS WITH YOUR OTHER EMPLOYEES, I WOULD ASSUME IT'S A MERIT INCREASE OF FOUR PERCENT (4%) BASED ON GROSS SALARY." Commissioner Miller left the dais at 7:41 p.m. DISCUSSION. Commissioner Miller returned to the dais at 7:42 p.m. DEPUTY MAYOR BLAKE ASKED, "I AM NOT CONVINCED THAT THE FORMULA IS THE SAME. YOU JUST SAID FOUR PERCENT (4%). BUT, I DON'T KNOW - FOUR PERCENT (4%) OF WHAT?" DEPUTY MAYOR BLAKE NOTED, "YOUR COMPENSATION PACKAGE IS BROKEN DIFFERENTLY THAN GENERAL EMPLOYEES IN THE CITY. NO OTHER EMPLOYEE GETS A CAR ALLOWANCE, DO THEY?" MANAGER McLEMORE NOTED, "THERE IS ONE (1) THAT DOES, YES - ANOTHER DEPARTMENT HEAD." MANAGER McLEMORE SAID, "WHAT I PUT INTO THE '401 [k]' AND '457' IS ALL GROSS SALARY. THE ELEVEN PERCENT (11%) FOR PENSION IS PAID DlRECTL Y OUT OF MY SALARY JUST LIKE EVERY OTHER EMPLOYEE. SO, I THINK THE DIFFERENCE WOULD BE THE CAR ALLOWANCE." DEPUTY MAYOR BLAKE SAID, "THE PORTION THAT GOES INTO THE PENSION CONTRIBUTION IS BASED ONLY ON YOUR BASE SALARY?" MANAGER McLEMORE STATED, "YES." MANAGER McLEMORE ADDED, "I WOULDN'T ASK FOR ANYTHING MORE THAN WHAT WE'RE DOING FOR THE OTHER EMPLOYEES." DEPUTY MAYOR BLAKE SAID, "THE CITY PAID RETIREMENT, SEVENTEEN THOUSAND AND TWENTY DOLLARS ($17,020.00). HOW IS THAT CALCULATED?" MANAGER McLEMORE SAID, "THE NUMBER IS ACTUALLY BASED ON THE ELEVEN PERCENT (11%) COMES OUT OF MY SALARY NOW." DEPUTY MAYOR BLAKE SAID, "THAT WAS THE ANSWER I WAS LOOKING FOR." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 11 OF 24 COMMISSIONER McGINNIS SAID, "I WOULD LIKE TO JUST SPEAK IN SUPPORT OF THE GOOD JOB THAT I THINK OUR CITY MANAGER HAS DONE. ONE OF THE THINGS THAT WE HAVE, THAT WE SEE OTHER CITIES DON'T, IS WE HAVE A REAL STABLE GOVERNMENT." COMMISSIONER McGINNIS ADDED, "I SUPPORT THE FOUR PERCENT (4%) AND I THANK YOU FOR A JOB WELL DONE." MANAGER McLEMORE SAID, "THANK YOU." COMMISSIONER MILLER STATED, "POINT OF CLARIFICATION" AND SAID, "THE FOUR PERCENT (4%) IT IS ON - GROSS SALARY?" MANAGER McLEMORE SAID, nIT WOULD BE LESS THE CAR ALLOWANCE AND - LIFE INSURANCE, ALL THAT KIND OF STUFF." WITH FURTHER DISCUSSION ON SALARY, MANAGER McLEMORE NOTED, "ALL I ASK IS YOU TREAT ME LIKE EVERY OTHER EMPLOYEE - EVERY OTHER EMPLOYEE - I BELIEVE THEIR GROSS SALARY, AND WE WILL CHECK AND BE SURE, THAT IT IS THE MERIT INCREASE IS PAID ON FOUR PERCENT (4%) OF ALL INCOME. NOW IF THAT'S WRONG, WE WON'T DO IT THAT WAY, BUT I THINK YOU'LL FIND THAT THAT'S THE WAY IT WAS DONE. I PROMISE WE WILL DO IT EXACTLY THE WAY WE DO IT FOR EVERY OTHER EMPLOYEE." "I WOULD LIKE TO AMEND THE MOTION TO GRANT THE MANAGER A PERFORMANCE RAISE OF FOUR PERCENT (4%) OF MEDICARE WAGES. MEDICARE WAGES TAKES INTO ACCOUNT ALL OF THOSE WAGES THAT MEDICARE TAXES ARE PAID ON WHETHER THEY ARE IN A '457', '401k'; DOES NOT INCLUDE CAR ALLOWANCE. IT INCLUDES - ALL WAGES ARE SUBJECT TO MEDICARE TAXES." AMENDMENT TO THE MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 12 OF 24 VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 302. Community Development Department - Urban Beautification Services Division Requesting The City Commission Approve A Plan And Funding For Landscape Improvements To The State Road 434 Medians As Part Of The Town Center District Landscaping Program. Mr. Steven Richart, Urban Beautification Services Division Manager, Community Development Department presented this Agenda Item and said, "This Program consists of three (3) phases, and originally we had funding of forty-five thousand [dollars] ($45,000.00) this year available to start the Project and that was the first phase. I received a phone call on Friday, after I had given you - this Agenda Item, from the Florida Department of Transportation and they suggested that they had some money available for us to go ahead and apply for the full amount of the landscaping and they would fund it a hundred percent (100%), that's one hundred forty-two thousand [dollars] ($142,000.00). But the funding is not available until July of next year, so, I would like to change this Item a little bit, and actually suggest that we start Phase 3. first." A PowerPoint presentation was shown of the medians. Discussion ensued on safety factors and medians. Tape 2/Side A The PowerPoint presentation continued. Commissioner Miller asked, "What is the State going to provide if the funding is available in July of next year?" Mr. Richart said, "They're going to provide one hundred forty-two thousand [dollars] ($142,000.00)." Commissioner Miller said, "But what is that going to be used for specifically?" Mr. Richart said, "That is going to be used for- the landscaping, the plant material, the trees, and the shrubs..." Commissioner Miller asked, "... What kind of trees are we talking about? Because you mentioned hardwood trees. So, that only is going to be available when the road is six (6) laned." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE I3 OF 24 Mr. Richart said, "It's going to allow us to put in the softwood trees, which are trees - and currently, you can see some located on Tuskawilla Road - some of them are approximately eighteen to twenty feet (18' - 20') tall; but they will break away during an accident event." With further comments, Mr. Richart added, "Well, in their words, when they six (6) lane it, it's all gone." Commissioner Miller said, "So, there is no hardwood trees?" Mr. Richart said, "When they six (6) lane it, there will be." Additionally, Commissioner Miller remarked, "So, are we going to have hardwood trees in the median or not?" Mr. Richart responded, "We're going to lose about ten feet (10') on each side of the median. It's going to leave us with approximately twenty-two feet (22') in most places to have trees." Commissioner Miller then asked, "So, there would be curbs along the entire median when it is six (6) laned?" Mr. Richart said, "Precisely." Mayor Bush asked, "What do you want Steve [Richart]? Tell us what you want." Mr. Richart said, "I want you to approve - Option 3, Phase 3. out of the General Fund for one hundred twenty-eight thousand [dollars] ($128,000.00) to install the brick hardscaping on twelve (12) medians." Manager McLemore said, "On your Motion, if you would say, "Either the General Fund or the One Cent Sales Tax - since this is going to be hardscape, we may look at that as an option." Manager McLemore added, "It's the One Cent Local Option Sales Tax (Transportation Fund)." Commissioner Miller said to the City Commissioners, "We have got to start putting trees along the edge of the road and we have got to do everything we can to put trees in the median." Mr. Richart said, "We have started in the Village Walk, we are putting hardwoods in along [State Road] 434 and the reason we haven't really concentrated on this area - Town Center going eastward is, all of the construction." Discussion. "I WILL MOVE THAT WE ACCEPT OPTION 3 WITH THE MONEY COMING FROM THE GENERAL FUND OR THE ONE CENT LOCAL TRANSPORTATION TAX." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 14 OF 24 REGULAR 303. Office Of The City Manager Requesting Direction From The City Commission In Regards To The Possible Issuance Of An RFP (Request For Proposal) For Investment Manager Services For The City's Defined Benefit Pension Plan. Mr. Kevin Smith, Director, General Services Department presented this Agenda Item. Discussion. "I WOULD MOVE THAT WE DIRECT THE CITY MANAGER TO PROCEED WITH ISSUING AN RFP (REQUEST FOR PROPOSAL) FOR INVESTMENT SERVICES FOR OUR PENSION PLAN." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 400. Information Services Department Requests Authorization To Purchase Budgeted Equipment To Upgrade Network Backbone Infrastructure At City Hall In The Amount Of $15,478.78. No discussion. CONSENT 401. Parks And Recreation Department Requesting That The City Commission Approve A Supplemental Appropriation From General Fund Reserves In The Amount Of $ 2,461.00 To Provide The Funding To Replace The Ice Machine At The Senior Center From Gulf Ice Systems, Inc. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 15 OF 24 CONSENT 402. Parks And Recreation Department Requesting That The City Commission Approve A Supplemental Appropriation From The General Fund Reserves In The Amount Of $19,880.00 To Provide The Funding To Replace The Wheelchair Lift Unit At The Central Winds Park Office From Accessibility Lifts, Inc. Discussion. CONSENT 403. Public Works Department Requesting Authorization To Enter In A Contractual Agreement For The Repair Of Storm Sewer Pipes On Sheoah Circle. Brief discussion. CONSENT 404. Office Of The Mayor Resolution Number 2006-26 - A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Gary Hillery For His Service On The Tuscawilla Lighting And Beautification District Advisory Committee. No discussion. CONSENT 405. Community Development Department - Urban Beautification Services Division Requesting Authorization To Award Improvement Grants Under The Fiscal Year 2005/2006 Neighborhood Improvement Grant Program. With discussion, Deputy Mayor Blake asked, "Do we do signage at all at these locations? Like a small little marker. That might be great thing to do..." Commissioner McGinnis said, "... Good idea...." Deputy Mayor Blake said, "... This improvement funded by a joint effort or' - because that way people will notice and that will help to make it even a better process too." Commissioner McGinnis said, "Good idea." Commissioner Krebs said, "I like that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 16 OF 24 CONSENT 406. Public Works Department Requesting Authorization To Hire American Water Services To Perform Storm Sewer Line Rehabilitation By Piggybacking Off Orange County Project Number Y 6-1 005-J2. No discussion. CONSENT 407. Office Of The City Clerk Requesting Approval Of The May 8, 2006 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 408. Office Of The City Clerk Requesting Approval Of The May 15, 2006 Special City Commission Meeting Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE" [CONSENT AGENDA). MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. INFORMA TIONAL AGENDA INFORMATIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 170F24 INFORMATIONAL 501. Public Works Department Providing The City Commission Information Regarding A Proposed SJRWMD (St. Johns River Water Management District) Seminole County Stormwater Treatment Facility Located At The Southwest Corner Of Howard Avenue And DeLeon Street In The City Of Winter Springs. Brief discussion. INFORMATIONAL 502. Public Works Department - Stormwater Division Providing An Update To The City Commission About The Total Maximum Daily Load Program For Lake Jesup, A Federally Required Water Quality Program Administered By The Florida Department Of Environmental Protection (FDEP) Under The Florida Watershed Restoration Act. Commissioner Krebs asked, "These TMDL's (Total Maximum Daily Load), are we explaining this to the Public - how do they get this information?" Mr. Brian Fields, City Engineer, Public Works Department said, "The information is out there for the public, whether we've been communicating it to them in a way that they can clearly understand from the engineering community; that's questionable." Commissioner Krebs asked, "If there is something that we can put on that Site - to help people of things that will impact you in the future." Mr. Fields said, "We could do that." Commissioner Krebs stated, "I just like to educate the public as much as possible so there is no shock." Further discussion. INFORMATIONAL 503. Utility Department Providing The City Commission With A Copy Of The Consumer Confidence Report That Will Be Sent To All Residents. Commissioner Gilmore said, "In the Report that goes to the public - it says, 'If you want to learn more, please attend any of our regularly scheduled Commission Meetings. They are held the second and fourth Monday of every month'. Why are we telling people to show up here to learn about this thing?" Commissioner Gilmore added, "Y ou are the people that they need to be contacting." Mr. Kip Lockcuff, Director, Public Works Department said, "We can take it out if you want. No problem." Deputy Mayor Blake said, "On the drinking water, I know we are having a Meeting next month, first Meeting in June the regularly scheduled Meeting. It might be a good idea to pull out all the fluoride - for that Meeting." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MA Y 22, 2006 PAGE 18 OF 24 INFORMATIONAL 504. Public Works Department Advising The City Commission Of The Status Of Various Capital Improvement Projects. This Agenda Item was not discussed. INFORMATIONAL 505. Public Works Department Providing The City Commission Information Regarding The Design And Possible Expansion Of The Detention Pond At Saratoga Condominiums. There was no discussion on this Agenda Item. "MOTION TO APPROVE" [INFORMATIONAL AGENDA]. MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese said, "In the case, Potchen v. City of Winter Springs, the Plaintiffs filed a Notice of Appeal in that case, so we'll wait for them to file their Brief and then respond accordingly." REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore asked that Mr. Stevenson present a Draft Report to the City Commission, to which Mr. Stevenson explained, "I sit on the Community Development Technical Advisory Sub-Committee which will be presenting a Draft Report this Wednesday. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 19 OF 24 Mr. Stevenson further noted, "We are going to be presenting a Draft Report to the Seminole County Joint Services Advisory Committee outlining basically five (5) areas where we are already cooperating and proposing an additional nine (9) areas where we think we could explore the cooperation. Basically, the request is just to ask the Advisory Committee at this point to look at the list, let us know what they think about of the list, deduct from or add to the list. So, I just wanted you to be aware of this. I have copies for each Commissioner." With discussion, Deputy Mayor Blake asked, "Are these limited to developmental issues?" Mr. Stevenson said, "Yes. These are limited to developmental issues." Mr. Stevenson added, "Just Community Development issues." Mr. Stevenson then distributed a draft copy of the Report to the City Commission. Mayor Bush said to Mr. Stevenson, "Are you going to be at the Meeting?" Mr. Stevenson said, "Yes." REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC There was no Report from Deputy City Clerk Joan Brown. REPORTS 603. Commission Seat Four - Sally McGinnis Commissioner McGinnis asked, "On [State Road] 434, where the Affordable Legal Clinic is, the sign is gone, but the post is still there - is there anything we can do about that? Is that a violation of any...?" Attorney Garganese said, ".. .As you know, the City is currently in litigation with that property owner, not that that has anything to do with the post, but I think that's an issue that Captain Tolleson has addressed. He's probably the best person to answer that question." 604. Commission Seat Five - Joanne M. Krebs Commissioner Krebs asked Mr. Lockcuff, "That Oak Forest gate that they used to access, it is just unlocked and it is not supposed to be, and any kid can get in there. I don't know why - it is not us who did it, obviously, it is [The] Lake Doctors, [Inc.], I believe." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 20 OF 24 Next, Commissioner Krebs asked for further explanation on "The original relationship between the Village Walk and the [State Road] 434 median, how those two (2), are they connected in any way? Can you have one without the other - some questions came up about the beautification of [State Road] 434 and the Village Walk program and the no cut throughs, but now maybe we are looking at cut throughs and when we had somebody up here explaining that last Meeting and we talked about the fact that - Commissioner Blake seemed knowledgeable about it, we had to consider maybe leaving portions of that up because it had something to do with Village Walk." Manager McLemore said, "There was a portion of Village Walk that we promoted right from the beginning that would not have landscaped medians." Commissioner Krebs said, "Well, that was part of it." Manager McLemore said, "Initially, when the project was funded, they wanted to do the entire length - FDOT (Florida Department of Transportation), and based on a lot of experience, watching these things happen, we anticipated the problems we were going to have with the merchants trying to put the landscape islands in that three (3) block area. So, early out, the City took the position that we did not want that area to have landscaping. " Tape 2/Side B Manager McLemore added, "It put us in a position where we were able to go forward with the balance of the project by keeping that short section out of it as far as the medians were concerned, but the sides were okay. So, it was a negotiated position in order to make the project feasible." Manager McLemore said, "The FDOT (Florida Department of Transportation) this was funded for two (2) reasons - one (1) they believed that eliminating the suicide lane, what they call it, is an increase in safety on their highway system and it was also a Beautification Grant involved, so those were the funding apparatus that made this thing possible." Commissioner Krebs said, "I can take this off the side, but this is good to have on the Record - did they both stand on their own - or were they contingent upon each other?" Manager McLemore stated, "I don't remember that part." Mr. Lockcuff said, "The source of funds was a safety improvement money out of the ISTEA (Intermodal Surface Transportation Efficiency Act), for the whole thing, except for milling/resurfacing." I don't believe there was Beautification Grant, I think that all came out of Safety." Manager McLemore noted, "I am not sure that was exactly true, we can go back and check it." REPORTS 605. Office Of The Mayor - John F. Bush Mayor Bush said, "I was elected Chair of the Mayor's and Manager's Group and 1 was also elected Chair of Envision Seminole." Lastly, Mayor Bush also spoke of attending a myregion.org meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MA Y 22, 2006 PAGE 21 OF 24 REPORTS 606. Commission Seat One - Robert S. Miller Commissioner Miller said, "Somebody's got to work with Code Enforcement on the strip mall, the one over where Lori Anne [Lane] is in the back. You drive around that parking lot there are chunks of concrete laying all over the place. 1 pointed it out about three (3) months ago." Commissioner Miller added, "It is not acceptable to me anymore." Chief of Police Daniel J. Kerr, Police Department said, "I just wanted to let you know, Glenn [Tolleson] is working very closely on this." Commissioner Miller said, "I know he is. But he is restricted by having to follow procedures and maybe the City needs to send those people a letter that we are going to condemn their facility if they don't get rid of the ground safety hazards there, and they have got fifteen (15) days to take care of it or else." Commissioner Miller added, "It has been a problem now for almost six (6) months and 1 keep bringing it up." With discussion on whether the City could take care of picking the debris up, Commissioner Miller then said, "I will take it up with the Attorney." Next, Commissioner Miller spoke about a new subdivision in Casselberry off of Murphy Road and said, {{The traffic counts for Murphy Road right now coming into the City look like there are about 6,000 cars a day. When that project is developed it is going to produce 17,000 trips according to their data and they estimate thatfive percent (5%) of those are going to come north." Commissioner Miller said, UWhat this is leading up to is I would like the City to go out and hire a Consultant to do some Traffic Calming proposal work that they could bring to us sometime in the not too distant future because the houses are already coming out of the ground." Commissioner Miller added, uIf we don't get it on our financial budget this year, at least if we have the Consultants recommendations, we can get it on the Budgetfor next year. " Mayor Bush said, UThis morning I sat next to the Mayor of Casselberry, and he brought this up. He is talking about 40,000 trips a day. So, I think you have got a good point - need to do something about it, now, before it becomes a problem." Commissioner Miller said, {{I am really concerned about this because Lake Drive is going to be torn up and - Seminola [Boulevard). " Furthermore, Commissioner Miller added, uSo, I would like to see the City look into hiring a Consultant and come back with some proposals; because we would also need to notify the people in that Community about what is happening and I think if we do it properly we will avoid some of the prior problems we have had where yet half the community doesn't want it because they really don't understand what we are talking about, and the other half really do want it because they do understand. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 22 OF 24 Mayor Bush said, "Commissioner Miller is recommending that we hire a Consultant to study this. Is there a Motion to that affect or a Consensus?" Deputy Mayor Blake said, "Mayor, I think it is a Budget Item. Bring it up in the Budget discussions." Mayor Bush said, "Okay." Manager McLemore stated, ''Add it to the list." Manager McLemore said, "I believe this should be on the Agenda for your next Meeting to show the cost of doing it." Mr. Lockcuff said, "Or two (2) Meetings maybe to get a Proposal on that." Manager McLemore said, "Two (2) Meetings, okay." Commissioner Krebs suggested, "I was just saying that this is a safety issue and - the quicker we act on it, the better offwe are." Next, Commissioner Miller said, "I would like to see City Staff - Randy [Stevenson] - I would like to have this Commission get a briefing from the [US Highway] 17-92 CRA (Community Redevelopment Agency), the next Meeting, if possible." Mr. Stevenson said, "Okay." Commissioner Miller said, "This is on the Highlands, [US Highway] 17- 92." Commissioner McGinnis noted, "I would like to see that." Mayor Bush added, "So an Agenda Item Randy [Stevenson]." If you can arrange that for the next Meeting, I would appreciate it." Mr. Stevenson said, "We can do that." Lastly, Commissioner Miller mentioned that, "An item that showed up in the 'Opinion' in the Orlando Sentinel on Sunday, May 21 st, [2006] - about Development and this is called, 'Don't delay Way'." Commissioner Miller added, "I would like to get that on the Record. " REPORTS 607. Commission Seat Two/Deputy Mayor - Michael S. Blake Deputy Mayor Blake said, "This Notice we got from Alafaya Utilities about expanding the service area, Ron [McLemore] - did we look at that? Do we know where that area is?" Manager McLemore said, "I asked Kip [Lockcuff] to look at it and he said 'That it in no way comes close to us' ." Secondly, Deputy Mayor Blake asked, "Tuskawilla Trails requesting a wall?" Manager McLemore said, "They keep bringing back some promise that we made, which we never made. Walls are not permitted in the Town Center except by - certainly by Special Exception. " Deputy Mayor Blake added, "Pumps running day and night, dust and dirt blowing around and making it hard for people to breathe. First off, hours of operation should be enforced by Code." Deputy Mayor Blake noted, "We just need to make sure that they are not creating a dust bowl anymore than they have to and that they are not creating noises disturbing the peace during off hours." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MA Y 22, 2006 PAGE 23 OF 24 Lastly, Deputy Mayor Blake said, "Behind us, Orange Avenue - is being improved near the Levitt Development up to where the pond is but headed west the improvement stops short of near the mid-point of the Robert's house - big pink: house." Deputy Mayor Blake asked, "Why do we stop projects in the middle of property?" Deputy Mayor Blake said, "I would like to see that added into the project." Deputy Mayor Blake added, "What would it take to do the additional two hundred feet (200')?" Mr. Fields said, "We can come back with a price. It would be a Change Order to the current Contract. We can request that and bring it back to the Commission." With discussion on right-of-ways, Mr. Fields noted, "We can look into it. If it is feasible, come back with a price for what it would take to go to the edge of that property." Deputy Mayor Blake said, "If we can have something back, I would appreciate it." .:..:. AGENDA NOTE: THE FOLLOWING EXTRA REPORT WAS DISCUSSED NEXT, FOLLOWED BY THE LAST REPORT AS DOCUMENTED. .:. .:. REPORTS REPORTS 603. Commission Seat Four - Sally McGinnis Commissioner McGinnis spoke of a magazine that other cities distribute to their communities, with their name and stated, "Longwood now has it - like Orlando has one. I have the one from Maitland - we are certainly bigger than Longwood, and we may be at a point where we might want to consider something like that." Commissioner McGinnis added, "I will be giving that to you. We might want to look into it." REPORTS 608. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore said, "The subject came up earlier this evening about the poles on [State Road] 434 and the sidewalks. What has ever happened on that? It has been six (6) months or more since that subject was up." Mr. Fields said, "We are meeting with them again - to go over the U-Turn study issue and we will bring that issue up at that time, with them again." Commissioner Gilmore asked, "So, you will bring that up - it's not dead." Mr. Fields said, "It's not." Lastly, Commissioner Gilmore asked, "When you bring up the U-turn issue, will you come back hopefully with a program of when you will start - tearing the medians out?" Mr. Fields said, "Weare going to approach them with a list of recommendations based on their study of things to implement and then kind of work through what that process is going to be with them as far as who is going to do it and when, and who is going to pay for it." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 22, 2006 PAGE 24 OF 24 With further discussion, Commissioner Gilmore suggested, "Take them out there - in front of the school, and show them where the children are being endangered." Commissioner Gilmore continued by recommending that "Take them over and show them that you couldn't get a wheelchair down the sidewalk, because of the pole in the middle of it." Commissioner Gilmore added, "I believe that the pole on the Northwest corner was in the middle and that there is a hand rail down along the side that would prohibit going around that." Commissioner McGinnis suggested, Look at it." ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 9: 17 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY LERK a..iT'!C'\ \~ . BROWN, DEPUTY CITY CLERK APPROVED: NOTE: These Minutes were approved at the June 12, 2006 Regular City Commission Meeting.