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HomeMy WebLinkAbout2005 08 22 EXEMPTION Consent Item 209- Regular Meeting Minutes, August 8, 2005 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING AUGUST 8, 2005 The Regular Meeting of Monday, August 8, 2005 of the City Commission was called to order by Mayor John F. Bush at 6:31 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 Mayor Bush requested a Moment of Silence and asked everyone to remember Mr. Randy Stevenson (Director, Community Development Department) and his family during a difficult time for them. The Pledge of Allegiance followed. ) Related to Consent Agenda Item "200", a check was presented to the City by Representative David Mealor and Representative Sandy Adams. PUBLIC INPUT Ms. Margo Miller, 679 Silvercreek Drive, Winter Springs, Florida: spoke of the Brusters Ice Cream shop, the removal of trees, and the City's vision. Discussion. Mr. Paul Rosu, 2106 Kilamanjaro Court, Apopka, Florida: spoke of the First Reading of Ordinance 2005-23 on tonight's Agenda and asked about his property and the subdividing of his land. Discussion. Ms. Lori Bosse, 1004 Gator Lane, Winter Springs, Florida: spoke in favor of the Noise Ordinance. CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 8, 2005 PAGE 2 OF 24 Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: mentioned he agreed with Ms. Miller's comments and had noticed slight deviations and changes to the City's Codes. Mr. Martinez also commented on Regular Agenda Item "508". Ms. Tamara Turpin, District Director, Muscular Dystrophy Association, 120 University Park Drive, Winter Park, Florida: spoke of MDA and Firefighters and Insurance coverage. Mr. Corey Green, representing the Winter Springs Professional Firefighters Local 3296, Mr. Green spoke of Firefighters' response time and their Boot Drive in affiliation with the Muscular Dystrophy Association. Mr. Stephen Glazier, President, Orlando Regional South Seminole Hospital, 555 West State Road 434, Longwood, Florida: gave an update on the City County Advisory Committee and the benefits of this organization. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Office Of The Mayor Proclamation Honoring Firefighters. Mayor Bush presented a Proclamation in honor of the Winter Springs Firefighters. In other City business, Mayor Bush read a Proclamation in honor of Parks and Recreation and said to Mr. Chuck Pula, Director, Parks and Recreation Department, "We do appreciate what you have done for the City as well as all your staff. You have done a great job." CONSENT AGENDA CONSENT 200. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager And City Attorney To Execute The Florida Department Of Environmental Protection, Florida Recreation Development Assistance Program Project Grant Agreement For Magnolia Park. Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 8, 2005 PAGE 3 OF 24 CONSENT 201. Community Development Department - Urban Beautification Services Division Requesting Authorization To Purchase One (1) Ford F-150 Pick Up Truck By Piggybacking Off Of Florida Sheriff's Association Bid #04-12-0823, And Approval Of A Supplemental Appropriation In The Amount Of $13,793.00 To Fund The City's Portion Of The Purchase Price. Commissioner Sally McGinnis said, "I have been in other communities where I have seen vehicles that would say - ".. .Donated by - to the Winter Springs Police Department..." Commissioner McGinnis noted, "Sometimes agencies do get a donation from a Dealer if they just put that logo. Have we ever done that?" With brief discussion, Commissioner McGinnis added, "It is something you could consider - pursuing in the future." Discussion. CONSENT 202. Public Works Department - Stormwater Division Requesting Authorization To Enter Into A Contract Agreement For Aquatic Weed Control And Maintenance Services Of Certain Ponds. Commissioner Joanne M. Krebs asked, "I know it says that it is for certain ponds. Is Oak Forest - is in this?" Mr. Brian Fields, P.E., City Engineer, Public Works Department said, "I would have to check and see if it is on the list." Commissioner Krebs added, "It is really looking nasty!" Discussion. Deputy Mayor Michael S. Blake asked, "Is there any way we can extend that Contract to allow it to begin earlier?" Mr. Fields stated, "We can check." Furthermore, Mr. Fields added, "For the month of August we will be doing it internally with September 15t having a new Contractor take over. We can check and see if we can move that up." Discussion ensued on funding resources. Deputy Mayor Blake said to Mayor Bush, "Pull that one off for separate consideration please." Mayor Bush noted, "We will- pull it out and put it on our Regular Agenda." CONSENT 203. Public Works Department - Stormwater Division Requesting City Commission Approval To Enter Into An Agreement As A Community Partner With The Federal Emergency Management Agency (FEMA) In The Update And Modernization Of The Flood Maps. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 8, 2005 PAGE 4 OF 24 CONSENT 204. Public Works Department - Stormwater Division Requests City Commission Authorization To Enter Into An Agreement To The First Amendment To Interlocal Agreement Providing Joint Funding For The Watershed Atlas Between Municipalities And Seminole County. There was no discussion on this Agenda Item. CONSENT 205. Office Of The Mayor Requests That The City Commission Approve Resolution 2005-28 As Part Of The City Of Winter Springs' Nominating Packets For Ronald W. McLemore, City Manager; Anthony A. Garganese, City Attorney; And Andrea Lorenzo-Luaces, CMC, City Clerk As "City Manager Of The Year", "City Attorney Of The Year", And "City Clerk Of The Year" Respectively For The Florida League Of Cities 2005 "Cities Of Excellence Awards". Commissioner McGinnis remarked, "On these Nominations, I support all of them; and I think next year if we could just remember to really get this together several months ahead of time." Mayor Bush commented, "I agree." CONSENT 206. Police Department Requesting The City Commission To Give Approval For The City Manager And Police Chief To Renew The Annual School Resource Officers Inter-Agency Agreement Between The City Of Winter Springs And Seminole County School Board. Brief discussion. Tape IISide B CONSENT 207. Office Of The City Clerk Requesting Approval Of The July 11, 2005 Regular City Commission Meeting Minutes. Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 8, 2005 PAGE 5 OF 24 CONSENT 208. Office Of The City Clerk Requesting Approval Of The July 13, 2005 Special City Commission Meeting Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE CONSENT AGENDA." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. DEPUTY MAYOR BLAKE ADDED, "LESS ITEM '202'." COMMISSIONER MILLER NOTED, "YES." MAYOR BUSH REMARKED, "YES, WE HAVE PULLED ITEM '202'." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 300. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Commissioner Donald A. Gilmore mentioned to Mr. John Baker, AICP, Senior Planner, Community Development Department, "The map - we did not get it on this time." Mr. Baker responded, "It will certainly be there next week." Discussion. INFORMATIONAL 301. Community Development Department - Urban Beautification Services Division Wishes To Update The City Commission On The Status Of National Urban And Community Forestry Grant Program Applications. No discussion INFORMATIONAL 302. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 8, 2005 PAGE 6 OF 24 INFORMATIONAL 303. Public Works Department Advising The City Commission Of The Status Of Various Capital Improvement Projects. With discussion, Commissioner McGinnis spoke on the monies used for trees. Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Department said, "If you want, we can come back next Meeting and give you an update, just budget wise." Commissioner McGinnis said, "Yes." INFORMATIONAL 304. Public Works Department - Capital Projects Coordinator Responding To The City Commission's Questions Regarding Requirements For Bid Bonds, Payment And Performance Bonds And Other Contract Requirements As Required By City Policy/Code/Ordinance And State Statutes. Deputy Mayor Blake said to Mr. Lockcuff, "This is the best, most concise job I have seen of trying to explain some of the rules of - the Bid process that is out there. I would ask, can I get the same thing that involves all purchasing Ron [McLemore, City Manager], not just construction projects?" With discussion, Deputy Mayor Blake asked, "Is it including Consulting Services?" Deputy Mayor Blake added, "It is not a rush but just is really more for education of the Commission." Manager McLemore noted, "You basically want bullets on what the Purchasing Policy states?" Deputy Mayor Blake remarked, "Yes, for professional services." With further discussion, Deputy Mayor Blake said to Manager McLemore, "Then we will have it - within the next couple of Budget cycles." "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. Deputy Mayor Blake remarked, "Point of Order" and spoke of the Motion. COMMISSIONER MILLER ADDED, "MOTION TO APPROVE THE INFORMATIONAL AGENDA." SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 8, 2005 PAGE 7 OF 24 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Not Used. PUBLIC HEARINGS 401. Community Development Department - Planning Division And Office Of The City Attorney Requests The City Commission Hold A Public Hearing Of First Reading For Ordinance 2005-23, Amending Chapter 9 Of The City Code As It Relates To The Subdivision Process. Mayor Bush stated, "Can we have a Motion to read by 'Title' only." "SO MOVED." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2005-23 by "Title" only. Mr. Baker presented this Agenda Item. Deputy Mayor Blake spoke of flag lots and his own property's shape and stated, "How do we decide what a flag lot is?" Deputy Mayor Blake added, "Do we need to put a degree measurement in that one angle or how do we go about defining exactly what a flag lot is and how long must that pole be for it to be a flag lot?" Furthermore, Deputy Mayor Blake said, "It is an interesting question that I think we need to deal with if we are going to include the discussion of flag lots." With further discussion on legal description of flag lots, Commissioner Robert S. Miller said, "I think the City Attorney needs to address this somehow from a legal standpoint, if it is our pleasure to do that..." Commissioner McGinnis added, ".. . Good idea." Discussion. CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 8, 2005 PAGE 8 OF 24 Mayor Bush said to the City Commission, "Is the Commission in favor of a more accurate - definition of a flag lot?" Commissioner McGinnis noted, "Just a tighter..." Commissioner Krebs responded, "... Cannot hurt." Commissioner Gilmore said, "I would go along with that." Mayor Bush said, "That is a Consensus." Discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Paul Rosu, 2106 Kilamanjaro Court, Apopka, Florida: spoke of this Ordinance and his property. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion. "MOTION TO APPROVE - PUBLIC HEARINGS ITEM '401' - MOVE IT TO A SECOND READING - WITH THE ADDITIONS THAT THE ATTORNEY WOULD BRING BACK ON THE SECOND READING; CLARIFICATIONS ON WHAT IS A FLAG LOT." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 402. Office or The City Attorney Presents Ordinance Number 2005-16 For Final Reading And Adoption. The Ordinance Proposes A Noise Ordinance That Regulates Sound Levels That Will Be Deemed To Constitute A Public Nuisance. Attorney Garganese read Ordinance 2005-16 by "Title" only. Discussion. Tape 2/Side A Further discussion. Dr. Roger L. Wayson, P.E., 857 Oak Drive, Oviedo, Florida: as Associate Professor, University of Central Florida who is the director of the Community Noise Lab, Dr. Wayson commented on this issue. CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 8, 2005 PAGE 9 OF 24 Discussion. Deputy Mayor Blake inquired, "Will the Police Department be enforcing these laws on the streets of Winter Springs? If there is a vehicle that has an altered exhaust system and is louder than it was when it left the factory, will we be enforcing that - State Statute..." Captain Tolleson stated, "... Yes..." Deputy Mayor Blake continued, "...In addition to all these other things that we have been discussing in this Noise Ordinance." Captain Tolleson stated, "Yes, we will - to include the twenty-five foot (25') radials and boomboxes outside the car." Further discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Lori Bosse, 1004 Gator Lane, Winter Springs, Florida: commented on the proposed Noise Ordinance. Mr. Tony Marasco, 1311 Deer Run, Winter Springs, Florida: spoke of school bands playing and similar noise. Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: commented on enforcing the Ordinance and everyday noise. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion. Manager McLemore said to Captain Glenn Tolleson, Police Department, "Based on the Ordinance the way it is written, understanding your job in enforcing this law, is the Department going to be able to take this Ordinance and use it?" Captain Tolleson responded by saying, "Yes." "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ORDINANCE 2005-16." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: NAY COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 8, 2005 PAGE 10 OF 24 Mayor Bush called a Recess at 8:45 p.m. The Meeting reconvened at 9:01 p.m. REGULAR AGENDA REGULAR 500. Community Development Department Requests The City Commission Approve The Proposed Final SubdivisionlEngineering Plans And The Second Modification To The Pre- Annexation Agreement For Jesup's Reserve. Mr. Baker and Mr. Fields presented findings related to this Agenda Item; to which Mr. Baker noted, "Staff recommends that the City Commission approve the final subdivision engineering plans and the second modification to the Developer's Agreement for the Jesup's Reserve subject to the three (3) conditions: One - the HOA [Homeowner's Association] shall be required to pay any cost differentia between maintaining the standard streetlights and the required Town Center lighting. The Development Agreement shall be revised to reflect the revised number of units, potential cross access to the adjacent property to the west as well as modify the alley configuration. The City will coordinate approval of all streets and alley names as part of the Final Plat review." Manager McLemore said, "Particularly related to the street edge on [State Road] 434, and in that compromise that we all worked out, it was to provide enough area as I recall for a double planting of trees on both sides of the sidewalk. Right?" I want to make sure that that is provided for in this plan before we approve it." Tape 2/Side B Mr. Tom Corkery, 759 Bear Creek Circle, Winter Springs, Florida: stated, "Yes, we have trees on both sides of sidewalk of [State Road] 434." Manager McLemore added, "And that was in lieu of requiring the frontage road - that was worked out. Okay. The other issue was, in return for us putting in the streets - as it was your - agreement to underground those power lines in front of the development?" Mr. Corkery noted, "That's correct." Manager McLemore added, "Okay." Furthermore, Manager McLemore said, "We need to make sure it's in the Agreement." Commissioner Gilmore and Mr. Fields spoke of the Stormwater Plan, to which Commissioner Gilmore asked, "Who owns all of this property in the Wetlands that this is flowing to?" Mr. Fields responded, "As far as land ownership of the Wetlands itself, that I don't know, I would have to check." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 8, 2005 PAGE 11 OF24 Attorney Garganese spoke for the Record about including the conditions mentioned by staff and noted, "Staff made certain recommendation that just need to be incorporated into the proposed Modification Development Agreement - the conditions right. One in particular, having to do with HOA's [Homeowner's Association's] paying the differential for maintaining the decorative streetlights." "I WOULD LIKE TO MAKE A MOTION TO APPROVE THE - FINAL SUBDIVISION AND ENGINEERING PLANS, SECOND MODIFICATION TO THE DEVELOPER'S AGREEMENT JESUP'S RESERVE, SUBJECT TO THE THREE (3) CONDITION'S STATED WITHIN THE ITEM, AND IN ADDITION TO BE CERTAIN THAT WE INCLUDE SPECIFICATIONS OF THE DOUBLE SIDE TREE PLANTINGS ON THE FRONTAGE OF [STATE ROAD] 434 AND THE UNDERGROUNDING OF THE POWER LINES." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 501. Community Development Department Requests That The City Commission Approve The Landings At Parkstone Final Subdivision Plat And Homeowner Restrictive Covenants, And Authorize Their Recordation, Subject To The City Attorney's Review And Comments. Mr. Baker introduced his opening remarks regarding this Agenda Item. Brief discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 8, 2005 PAGE 12 OF 24 REGULAR 502. Community Development Department Requests That The Commission Approve The Wallace Final Subdivision Plat, And Authorize Its Recordation. This Agenda Item was presented by Mr. Baker. Access to Lot 2 and flag lots was briefly discussed. "I WILL MOVE TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: NAY MOTION CARRIED. REGULAR 503. Community Development Department Requests That The City Commission Consider The Aggarwal's Request To Renew The Final Engineering/Site Plan And Development Agreement For The Village Market Place Expansion. Mr. Baker spoke on this Agenda Item. Discussion. Mr. Aggarwal, 1056 Edmiston Place, Longwood, Florida: addressed the City Commission on this issue. "I MAKE A MOTION TO EXTEND THE FINAL ENGINEERING SITE PLAN AND DEVELOPMENT AGREEMENT FOR THE VILLAGE MARKET PLACE EXPANSION - FOR A PERIOD OF SIX (6) MONTHS FROM TODAY." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 8, 2005 PAGE 13 OF 24 VOTE: DEPUTYMAYORBLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION THAT WE EXTEND THE FINAL ENGINEERING SITE PLAN AND DEVELOPMENT AGREEMENT FOR THE VILLAGE MARKET PLACE EXPANSION - FOR A PERIOD OF SIX (6) MONTHS COMMENCING SIX (6) MONTHS AND ONE (1) DAY, FROM TODAY." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. REGULAR 504. Community Development Department Requesting The City Commission Consider And Approve A Final Engineering/Site Plan For The Belle Avenue Warehouse. This Agenda Item was briefly introduced by Mr. Baker. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. REGULAR 505. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 8,2005 PAGE 14 OF 24 REGULAR 506. Not Used. REGULAR 507. Office Of The City Manager Requesting The City Commission To Deny The Request From The Muscular Dystrophy Association To Change City Policy Prohibiting City Employees From Soliciting For Charitable Organizations On Duty And At Street Intersections. Much discussion. Mr. Corey Green, : spoke of the Firefighters' response time and their Boot Drive in affiliation with the Muscular Dystrophy Association (MDA). Further discussion ensued on what work was not being done during the Boot Drive and safety concerns. Ms. Tamara Turpin, District Director, Muscular Dystrophy Association, 120 University Park Drive, Winter Park, Florida: spoke ofthe Muscular Dystrophy Association (MDA) and Firefighters and Insurance coverage. Discussion ensued on different charities being supported by different City Departments to which Deputy Mayor Blake said, "Somehow the City has determined by some Policy, I have been here almost ten (10) years now and I do not remember voting on one or establishing one, but the City endorses contributions through payroll deduction to the United Way. Again I do not know how that happened but that appears to be the case." Further discussion. Deputy Mayor Blake noted, "In counting here, it looks like there are at least three (3) Votes at the moment to not approve this Request and hearing the discussion my question is, does that mean that we are setting a Policy that will allow for no on-City time work for charities?" Additionally, Deputy Mayor Blake said, "What I am really concerned about here is are we picking and choosing Ron [McLemore], I think you will agree, we need to have one (1) standard Policy, whatever that is. I do not think we can be picking and choosing. " Manager McLemore said, "I think it is a fair question you raise." Furthermore, Manager McLemore stated, "My suggestion would be - let them continu pand it and then let's try to address this issue and come up with a fair Policy." Commissioner McGinnis remarked, "I like that." Commissioner Krebs commented, "I think that the City needs to have a Policy about the school or those - type organizations on any comer, on that street out there." Commissioner Krebs added, "I think we need a Policy." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 8, 2005 PAGE 15 OF 24 Furthermore, Manager McLemore noted, "I think that Fire needs to work with Police, work out all appropriate mitigation strategies for the safety of that intersection this year," Commissioner McGinnis said to Manager McLemore, "So you are saying - continue as they have done before and then we will develop a Policy?" Manager McLemore added, "And one caveat being that they work with the Police Department in setting up their mitigation strategies for safety at that intersection this year with their off-duty people." Tape 3/Side A Further discussion continued. "I MOVE THAT WE LET THE FIREFIGHTERS UNION COLLECT MONEY FOR MUSCULAR DYSTROPHY UNDER THE SAME CONDITIONS THAT WE DID LAST YEAR AND THAT WE DURING THE NEXT YEAR, WE WILL DEVELOP A POLICY FOR FUTURE ENDEAVORS LIKE THIS." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. DEPUTY MAYOR BLAKE SAID, "JUST THE WEEKEND - BUT ONLY ONE (1) FRIDAY, RIGHT?" COMMISSIONER McGINNIS ADDED, "SAME AS LAST YEAR." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: NAY DEPUTY MAYOR BLAKE: NAY COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION WE DIRECT THE CITY MANAGER TO BRING BACK TO US A COMPREHENSIVE POLICY ON THE CITY'S ENDORSEMENTS AND ACTIVITIES OF CHARITABLE ACTIVITIES..." DEPUTY MAYOR BLAKE ADDED, "...BY JANUARY 1ST." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. \ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 8, 2005 PAGE 16 OF 24 REGULAR 508. Office Of The City Manager Requests Direction From The City Commission On Seminole County's Request For Funding ADA (American Disabilities Act) Paratransit Services. Discussion. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH NOTED, "STAFF'S RECOMMENDATION WAS TO DENY." VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 509. Community Development Department Requests That The City Commission Consider Additional Second Floor Wall Signage Proposed For The West (Parking Lot) Side Of The JDC Calhoun (Doran) Town Center Building Number 2, Located At The Southwest Corner Of Tuskawilla Road And Tree Swallow Drive. Mr. Baker presented this Agenda Item for discussion. Discussion ensued on this Agenda Item. Commissioner Gilmore stated, "I would kind of like to see a Plan View of what we are talking about - the buildings. Show me a Plan View of..." Deputy Mayor Blake noted, ". ..What he is talking about is - you know the big Town Center overlay which shows which building is where..." Commissioner Gilmore added, "...I mentioned before that there should be a plaque up here - this Town Center is getting so much attention and we sit up here and nobody knows in the audience what we are talking about - 1 think you need a - Plan that we can look at here and see it." Mayor Bush said to Mr. Baker, "Can you do it?" Mr. Baker responded, "Yes, Sir." Mayor Bush then said, "Do we have a Consensus then?" Commissioner McGinnis said, "Yes." Commissioner Krebs said, "Yes." Deputy Mayor Blake said, "I think we had Consensus on this previously." No objections were noted. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 8, 2005 PAGE 17 OF 24 Manager McLemore asked, "Do you want this electronically now, or do you want something hanging on the wall?" Deputy Mayor Blake said, "I don't think it matters. I think if it is even a copy in here. Remember we had that from part of the old initial Town Center vision - we had this area where we had streets drawn in and there were buildings drawn in and since then it has of course evolved into something. If we just had something that represented these fifteen (15) or seventeen (17) acres out here, with each of the buildings on it, each of the buildings numbered so that we know if we are looking at Building 2 - it is right here. You can put it as part of the Agenda Item, have a little star on the exact spot, from an overhead of where that sign is being discussed." Mayor Bush said, "The Commission has a Consensus on it Mr. Baker - so come up with something." Commissioner Gilmore added, "The Town Center map is what we are after." Deputy Mayor Blake noted, "With the buildings overlayed onto the map..." Mr. Baker stated, ".. .Yes, Sir..." Deputy Mayor Blake added, ".. .And identified." "MOTION TO DISAPPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: NAY COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: NAY MOTION CARRIED. REGULAR 510. Community Development Department - Building Division Requests The City Commission Adopt Resolution 2005-29 Which Revises The Building Permit Fee Schedule For New Construction And Provides For A Methodology For Computing And Updating The Permit Fee Multiplier. With discussion, Mr. David Alamina, CBO, Building Official, Building Division, Community Development Department and Mr. Lockcuff spoke on this Agenda Item. Discussion. "I WOULD LIKE TO MAKE A MOTION WE APPROVE RESOLUTION 2005- 29." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 8, 2005 PAGE 18 OF 24 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM, WHICH WAS FORMERLY LISTED ON THE AGENDA AS CONSENT AGENDA ITEM "202", WAS HEARD NEXT, AS IT HAD BEEN MOVED TO THE END OF THE AGENDA. .:. .:. (FORMERLY LISTED ON THE CONSENT AGENDA AS CONSENT AGENDA ITEM "202") Public Works Department - Stormwater Division Requesting Authorization To Enter Into A Contract Agreement For Aquatic Weed Control And Maintenance Services or Certain Ponds. Mr. Fields stated, "We have a couple of options here. We can do what we can to move up the new Contractor, if the Agreement is approved tonight by the Commission to start as soon as possible. If that's not possible, we can go to possibly one of the other Bidders to see as a third party if they can come in, in the interim to fill up any gaps between the current Contractor and that new Contractor. We can work with the current Contractor if that's not available to work with him to extend in through the month of August to complete the work as per his current Agreement. If all that fails, we do have the ability with staff to go address particular ponds, ifthere is a particular need." Deputy Mayor Blake said, "Thank for providing a menu of choices. I appreciate that!" Deputy Mayor Blake continued, "I don't think that there will be any difficulty with - Lake Doctors, [Inc.] right?" Mr. Fields said, "That's correct." "I WOULD MAKE A MOTION THAT WE AWARD THE CONTRACT TO THEM AND ADJUST THE DATE FROM OCTOBER 1ST OR SEPTEMBER 1ST WHICHEVER DATE IT WAS, BACK TO TOMORROW, AUGUST 9TH, 2005 AND ASK THEM TO MOBILIZE AS QUICKLY AS POSSIBLE." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. DEPUTY MAYOR BLAKE ADDED, "CLARIFICATION COMMENT - THAT WILL BE - A ONE (1) YEAR CONTRACT, PLUS THE PERIOD OF TIME BETWEEN TOMORROW AND THE ORIGINAL START DATE OF SEPTEMBER 1 - THE ANNIVERSARY DATE OF THE CONTRACT REMAINS SEPTEMBER 1 ST." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 8, 2005 PAGE 190F24 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire No Report. REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore spoke of a Hurricane document he was writing and explained, "I hope that tomorrow or the next day 1 can have - a draft to look at." With discussion on litigation and the content of the document, Commissioner McGinnis said, "You will do that A.S.A.P." Manager McLemore stated, "This thing will not come back up until some time in September." The Soldiers Park issue was mentioned by Manager McLemore. Manager McLemore noted they are submitting some projects for funding under new legislation for highway improvements. Next, Manager McLemore spoke of the Bulk Container problems on Fairfax A venue and stated, "Two strategies. Get rid of the bulk containers. Set up a special route to pick up all this stuff that continues to flow out of there and replace those bulk containers with roll-outs." Manager McLemore added, "Then, probably designating by Resolution a special area for special service." The Workshop on the Town Center scheduled for August 15th, 2005, was noted next by Manager McLemore who remarked, "We're trying to generate information hopefully to get in your hands ahead oftime." Manager McLemore mentioned the City of Oviedo and Seminole County were working on a new Joint Planning Agreement (JP A), and he had requested copies of documents and noted, "We will share them with you." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 8, 2005 PAGE 20 OF 24 Deputy Mayor Blake said, "I would like the Commission to officially and formally request to be a part of all discussions between the City of Oviedo and Seminole County pursuant to 9J-5 Florida Administrative Code - whatever that section is that talks about- the involvement specifically of any and all affected parties in a creation of a joint planning agreement and - 1 think that should be by Resolution and 1 think that we should send it directly to each of those governments by whatever official means exists, whether that be by Certified Mail with return receipt or personal delivery and stamped copy by their clerks. We asked to be included before. The work that they are doing affects our boundaries. Weare a party to this and 1 think this time we need to document our involvement or lack of involvement in how that occurs more carefully." Discussion. "I MAKE A MOTION WE DIRECT THE CITY MANAGER TO CREATE A DOCUMENT WITH CITY ATTORNEY AND GIVE IT TO THE MAYOR FOR SIGNATURE - A RESOLUTION OF THE CITY OF WINTER SPRINGS - ADOPTED THIS DATE AUGUST 8TH, [2005] - FOR DELIVERY TO BOTH - SEMINOLE COUNTY, FLORIDA AND THE CITY OF OVIEDO FLORIDA BY EVERY LEGAL MEANS POSSIBLE TO ASSURE THAT THESE PARTIES ARE PUT ON NOTICE THAT WE WISH TO BE INVOLVED PURSUANT TO OUR RIGHTS OF SECTION 9J-5, FLORIDA ADMINISTRATIVE CODE OF THE JOINT PLANNING AGREEMENT PROCESS THAT IT IS APPARENT THAT THE CITY OF OVIEDO AND - THE COUNTY OF SEMINOLE FLORIDA ARE CURRENTLY GOING THROUGH." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. COMMISSIONER MILLER SAID, "I WOULD LIKE TO SEE IT SENT RETURN RECEIPT REQUESTED AND I THINK WE SHOULD SEND IT TO ALL OF THE COUNTY COMMISSION..." DEPUTY MAYOR BLAKE SAID, "...EACH ELECTED OFFICIAL AS WELL AS STAFF..." COMMISSIONER MILLER AGREED AND SAID, "...ALSO AS WELL AS STAFF." FURTHERMORE, COMMISSIONER McGINNIS ADDED, '''CC: EVERYBODY." COMMISSIONER MILLER NOTED, "AND ALSO THE MEMBERS OF THE OVIEDO COMMISSION, INDIVIDUALLY." COMMISSIONER KREBS REMARKED, "THAT IS A GOOD IDEA." DEPUTY MAYOR BLAKE NOTED, "I AGREE. " MAYOR BUSH COMMENTED, "EVERYBODY IS IN AGREEMENT WITH THE COMMENTS THAT COMMISSIONER MILLER HAS MADE IN ADDITION TO THE MOTION?" COMMISSIONER McGINNIS STATED, "YES." CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 8, 2005 PAGE 21 OF 24 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. "MOTION TO EXTEND THE MEETING RETROACTIVE TO THE 11:00 [P.M.], FOR ONE (1) HOUR." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Manager McLemore mentioned guests from Hong Kong visited with Commissioner Miller and our City on emergency operations procedures. Discussion ensued with Commissioner Miller. REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC No Report. REPORTS 603. Commission Seat Five - Joanne M. Krebs Commissioner Krebs mentioned an article in a Tuscawilla publication related to the Tuscawilla Lighting and Beautification District. Tape 3/Side B Commissioner Krebs asked to have explained - "How the money is going to be dispersed. How it is being used." Commissioner Krebs inquired, "Are we going to send something out - with that straw vote?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 8, 2005 PAGE 22 OF 24 Manager McLemore said, "We went to print on something today. It doesn't specifically get into that but the next one that goes out will have a lot of detailed information on it." Commissioner Krebs asked, "Will we have that information available here for them, when they come?" Manager McLemore stated, "Sure." With further comments, Manager McLemore noted, "We will try to - do a better job." Next, Commissioner Krebs spoke of planning and urban developments. With discussion on this issue, Manager McLemore said to Commissioner Krebs, "I will be happy to sit down with you." Commissioner Krebs added, "Beyond the Town Center." Further discussion. REPORTS 604. Office Of The Mayor - John F. Bush Mayor Bush asked about the status of the appraisal of Kristi Anne Court. Brief discussion. Secondly, Mayor Bush mentioned a discussion with a resident regarding a water bill problem. Deputy Mayor Blake commented, "I continue to hear those same types of complaints about the level of customer service in dealing with utilities." With further discussion, Mayor Bush said to Manager McLemore, "I can give you his phone number." Manager McLemore said, "I would be interested in talking with him." Third, Mayor Bush commented on a resident who had some issues getting a Building Permit. Discussion. REPORTS 605. Commission Seat One - Robert S. Miller Commissioner Miller remarked, "I would like to see us get some information from somebody in the next couple of months on the concept of 'Clusters', beyond the Town Center, going to the GreeneWay and all that land out there - come up with some kind ofa map that would show us where the - wetland areas are that can never be built on. We all - 1 think most of us want to have - office buildings along [State Road] 434 but in the back going down to the lake, it might not be a bad idea to consider a cluster concept back there where you have thirty-five-forty (35-40) units all in a cluster and then several acres around them that would be woods." Commissioner Miller added, "I would like to see some if everyone wants to go along with it, it might not be a bad idea to have some - conceptual type stuff assembled by Staff that we can all take a look at." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 8, 2005 PAGE 23 OF 24 Mayor Bush said, "I think we need to give the Manager time to - mull over what Commissioner Krebs and what you are recommending - and then bring it back to the City Commission." Commissioner Miller added, "I will remind him." Commissioner Miller asked Attorney Garganese about the time related to Public Records Requests and specifically asked about documents requests on the Joint Planning Agreement (JP A), and a related news article. Discussion. The vision related to the East Rural Area Property Owner's Committee and the Black Hammock was brought up next by Commissioner Miller. Lastly, Commissioner Miller mentioned a "Casselberry tree cutting exercise in Winter Springs - what is happening on that?" Manager McLemore noted, "I will get you some more information on it." REPORTS 606. Commission Seat TwolDeputy Mayor - Michael S. Blake No Report. REPORTS 607. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore mentioned that the Splash Pad at Torcaso Park is in dire need of shade. Secondly, Commissioner Gilmore mentioned trash pick up related to chunks of concrete and stated, "I think our waste hauler should be picking that stuff up." Furthermore, Commissioner Gilmore stated, "He should have a price for the Homeowner." Commissioner Gilmore then said, "You [Manager McLemore] just said they don't pick up construction materials - then I think that everybody needs to know that that is an agreement. I think it should be published and people should know that they can call us to get that, and right now that is not known." Manager McLemore noted, "Be happy to do it." Commissioner Gilmore said, "We need to tell them the process." Additionally, Manager McLemore remarked, "And we have and we will be happy to put some information out there." Commissioner McGinnis and Commissioner Gilmore both recommended putting the information in the City's Newsletter. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 8, 2005 PAGE 24 OF 24 REPORTS 608. Commission Seat Four - Sally McGinnis Commissioner McGinnis mentioned the City's previous "Commerce and Industry Board" and stated, "I think that now we might be ready to think about developing a Chamber of Commerce for the City." With discussion, Manager McLemore said, "Could we do it after the next two (2) years?" Commissioner McGinnis responded by saying "Yes, 1 think we just need to keep it in mind." ADJOURNMENT Mayor Bush adjourned the Meeting at 11 :53 p.m. RESPECTFULLY SUBMITTED: LORENZO-LUACES, CMC CIT CLERK APPROVED: ~1'1 ; ~ F. BUSH MAYOR NOTE: These Minutes were approved at the August 22, 2005 Regular City Commission Meeting.