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HomeMy WebLinkAbout2006 10 23 Consent 411 October 9 Regular Minutes CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 9, 2006 CALL TO ORDER The Regular Meeting of Monday, October 9, 2006 of the City Commission was called to Order by Mayor John F. Bush at 6:49 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, arrived at 6:58 p.m. City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. Mayor Bush said, "One (1) Agenda change, Commissioners. Item '301" has been pulled at the request of the Applicant." PUBLIC INPUT Mr. Paul Partyka, 934 Contravest Lane, Winter Springs, Florida: spoke on behalf of the Winter Springs Chamber Task Force, introduced some other members of this Task Force and reviewed what has transpired regarding the establishment of a Winter Springs Chamber of Commerce. Mr. David Mize, 1607 Little Sparrow Court, Winter Springs, Florida: noted his support of Agenda Item "400". Mr. Damon A. Chase, Esquire, 250 International Parkway, Suite 250, Lake Mary, Florida: spoke on behalf of citizens neighboring Dyson Drive sidewalks and Traffic Calming. City Manager Ronald W McLemore arrived at 6: 58 p. m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 2 OF 19 Commissioner Sally McGinnis stated for the Record, "1 was contacted by Mr. Thompson. " Mr. Michael R. Saporito, 607 Morgan Street, Winter Springs, Florida: noted his concern with putting Traffic Calming devices on a street that has a twenty-five (25) mile an hour speed limit. Mr. Moti Khemlani, 605 Morgan Street, Winter Springs, Florida: spoke of uniting the community; commented on other City issues; and noted for the Record that Mr. Chase could reference his comments. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 100. Not Used. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Office Of The City Attorney And Community Development Department Requests That The City Commission Hold A Public Hearing For First Reading Of Ordinance Number 2006-18. Mayor Bush asked, "Move to read by 'Title' only." "SO MOVED." MOTION BY DEPUTY MAYOR BLAKE. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. Commissioner Joanne M Krebs left the dais at 7:08 p.m. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE Commissioner Krebs returned to the dais at 7:09 p.m. COMMISSIONER KREBS: AYE MOTION CARRIED. City Attorney Anthony A. Garganese read the Ordinance by "Title" only. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 3 OF 19 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. Discussion. "MOTION TO APPROVE ITEM '200'." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 201. Community Development Department Requests That The City Commission Hold A Public Hearing For The Aesthetic Review Of The Monument Sign Proposed In Front Of The New Covenant Church At 800 Tuskawilla Road. Mr. John Baker, AICP, Senior Planner, Community Development Department spoke briefly on this Agenda Item. Brief discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Karen Staton, 800 Tuskawilla Road, Winter Springs, Florida: Mayor Bush stated, "You are in favor of the sign, is that correct?" It was noted that Ms. Staton represented the Church. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion ensued on the height of the proposed sign. Commissioner Robert S. Miller said, "I would like to see this Tabled until - we get an accurate - this is not in, this is not accurate either - it is not what we are actually going to see, so 1 would like to see something brought back which is in the correct relationship." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 4 OF 19 With further discussion, Commissioner Miller noted, "I think we should have an accurate depiction of what it is going to look like." Commissioner McGinnis asked, "What would two (2) weeks mean to the Applicant, do you know?" Ms. Staton said, "That would be fine." Discussion. "I WILL MAKE A MOTION TO ACCEPT ITEM - '201' AS IS." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: NAY COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: NAY MOTION CARRIED. In other City business, Mayor Bush stated, "I invited Seminole County to give us a short presentation on the Natural Lands Amendment." Mr. Steve Olsen, Public Information Director, Seminole County, 1101 East First Street, Sanford, Florida: addressed the City Commission on the Seminole County Natural Trails Referendum. Tape I/Side B Furthermore, Commissioner Miller stated, "Winter Springs has a vested interest in this because our section of the Trail has a problem right now where it ends, right over here near the new school - this needs to go around our Industrial zone, so if this doesn't pass, then what happens to that? Then it just kind of languishes for a few years or...?" Mr. Olsen said, "... I'm not certain. I don't know. But I could find out for you and get back with you." Commissioner Miller further inquired, "Is it in our program or isn't it? I need to know that. " Mr. Don Fisher, Deputy County Manager, Seminole County, 1101 East First Street, Sanford, Florida: said, "I can tell you this much: that we're formulating the projects that we could do. That was one of the segments that we thought we could do if this were to be approved. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 5 OF 19 Mr. Fisher continued, "Well, you know, in this business, not everything can be a 'Yes' or a 'No'. When we developed - the Trail projects and the Bridges and we prepared this for the Board of County Commissioners, we went through a series of projects that we knew were in the public's interest. One of those projects in the public's interest was this segment through Winter Springs. As far as guarantees, could I tell you, 'Gosh, absolutely, that's going to be the first projects that we're going to do?' No, I don't know because those things go through the budgeting process and priorities." Deputy Mayor Michael S. Blake said, "Because up here we have kind of a list where we have actually put stars and lines on a map that we are using to go around the County. Is this project one of those items that's on this map?" Mr. Fisher said, "Yes, it is." Deputy Mayor Blake then remarked, "I would tend to suggest that it's higher on the list than opposed to lower on the list." Mr. Fisher said, "That I can concur with, yes." Mr. Mike Barr, Chair, Seminole Soil and Water Conservation District, 108 West Commercial Street, Sanford, Florida: said, "This is critical to our future. It's buying what we need, which is Florida's natural choice. It's accomplishing many of our major goals and the recharge areas that we're going to be acquiring will be very important to our future water supply." Ms. Lellan Wilson, 975 Dyson Drive, Winter Springs, Florida: asked how the Trail will affect the neighborhood from Tuskawilla Road and Shetland A venue Mr. Fisher said, "What I could suggest is that we could get with her after this Meeting and get some of the details and - information. Ijust don't have that readily available." REGULAR AGENDA REGULAR 300. Community Development Department And Office Of The City Attorney Subsequent To The Community Meeting Held By The City Commission On October 2, 2006, The Community Development Department And City Attorney Request That The City Commission Provide Formal Direction To Staff Regarding The Processing Of Seminole County's Request To Permit And Construct Jetta Pointe Park Located Adjacent To The Black Hammock Trail Head. Attorney Garganese spoke on this Agenda Item. Mr. Fisher said, "First of all, we really do thank the Commission, the Mayor, and the Staff, and the City Attorney for everything you've done to accommodate and expedite this request. My understanding of the Staff recommendation is that you will be processing an Amendment to your Land Development Code that makes a Permitted Use in the 'C-I' and PUD (Planned Unit Development) Zoning Classification 'Public Recreation' . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 6 OF 19 There are some other matters that the (Seminole) County is committing to, as part of this request, and I've spoken with your City Attorney and we're memorializing this in writing; several of them having to do with the conceptual layout that was presented that last evening. You need to know that we are committed to that. Of course, there might be some minor revisions that need to get made, but we are prepared to commit to that. We're also prepared to commit to a Future Land Use Amendment of the property to 'Open Space and Recreation'. We, our request, and what we would like is not to do that at this time, but to do that in the Spring cycle of 2007, as enumerated in your Staff Report. And finally, we'll also commit to that time, that we will release the City from the Settlement Agreement. Our request in that regard, and for that matter for the Land Use Amendment, is that we have Permits in hand to begin constructing the site before we actually give those releases. Partly because we want to maintain the value and the property and should anything happen, even if being a hurricane or something where the priority shift, we want to be, we want to leave the options open as best that we can to the public. But outside of that, if that is also the Commission's understanding, (Seminole) County staff is on board with you and again, we thank you for your assistance in this." Discussion. Mayor Bush said, "So really the only difference of what the Commission has is under item 2. - the one (1) sentence that says the Amendment can be transmitted in the Spring 2007 cycle, is what Mr. Fisher was asking for; where it says here in October, or in the Spring. So this is moving it back to 2007 for the Spring cycle." Attorney Garganese said, "It would coincide with the estimated completion date for Final Engineering. So when they're done with Final Engineering, the Comprehensive Plan designation Amendment would be effective as well." "I MOVE THAT WE ACCEPT THE FOUR (4) STAFF RECOMMENDATIONS ON ITEM '300'." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH SAID, "AND ONE CHANGE, WOULD BE TO CHANGE TO THE SPRING 2007 CYCLE." COMMISSIONER McGINNIS SAID, "COULD BE..." MAYOR BUSH SAID, "...IF THEY ASK FOR IT." ATTORNEY GARGANESE SAID, "THAT'S WHAT WE'RE GOING TO DO. WE'LL PROCESS IT IN THE SPRING." SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 7 OF 19 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 301. Community Development Department Requests The City Commission Approve A Site Development Permit Agreement With Tousa Homes, Inc. For Site Clearing At Sonesta Pointe. As noted earlier in the Meeting, this Agenda Item has been pulled. REGULAR 302. Office Of The Mayor Requesting The City Commission To Approve Resolution Number 2006-55, Establishing The Winter Springs Open Space Study Committee. Discussion. Mayor Bush said, "One thing, I would like to make one (1) comment about this and that is, I don't believe that - it does address the open - the green space and conservation of lands, but I would also like for it to include Trails. And more or less, it would be very similar to what we just saw for Seminole County that some of this - if it moves forward, that some of these funds could be used to enhance the Trails within the City, to attest to the Seminole Cross County Trail as well. So, I would like to make that one (1) change. That's my only recommendation." Manager McLemore said, "I think you could read it that way. Now, if you just want to articulate it, we could, do you want to change the language in the Resolution?" Mayor Bush said, "I just think so, the Commission - they understand what the intent is." Manager McLemore said, "Yes, I think Parks and Recreation areas would certainly qualify. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 8 OF 19 "I MOVE THAT WE APPROVE RESOLUTION 2006-55 AND APPROVE A SUPPLEMENTAL APPROPRIATION FROM GENERAL FUND TO STUDY THIS - UP TO FIVE THOUSAND DOLLARS ($5,00.00)." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. "I WOULD LIKE TO NOMINATE - WILLIAM POE - BILL POE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "I AM PLEASED TO NOMINATE BOB HENDERSON." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 9 OF 19 "I WOULD LIKE TO NOMINATE KEN YORK." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. MAYOR BUSH STATED, "I WOULD LIKE TO NOMINATE CHARLES LACEY, WHO IS IN THE AUDIENCE TONIGHT." MOTION. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "I WOULD LIKE TO NOMINATE DENISE RYSER." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Commissioner McGinnis noted, "I believe the process will be - that they will all receive a letter..." Manager McLemore remarked, ".. . Yes..." Commissioner McGinnis added, " . . . Of Appointment?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 10 OF 19 Mayor Bush said, "By the way Commissioners, at a CALNO (Council of Local Governments in Seminole County) meeting, I learned that Winter Springs has no representation on the - Natural Lands and Trails Committee. I talked to (Seminole County) Commissioner (Randy) Morris today and asked that he consider someone from Winter Springs, and I also nominated Ken York, because Mr. York had indicated interest to serve on the Committee as well. So, if you know of any other citizen who might want to be on the Seminole County Committee, please let (Seminole County) Commissioner Morris know, the sooner the better." In other City business, discussion ensued on the Dyson Drive issue related to Sidewalks and Traffic Calming. Mr. Brian Fields, P.E., City Engineer, Public Works Department gave an overview on the Sidewalks and Traffic Calming issue related to Dyson Drive. Commissioner Miller said, "I really think we should do whatever it is that the people on Dyson [Drive] want." Commissioner Miller continued, "So, if the folks don't want it and a majority of the people that we polled said that they didn't want it, then what are we doing here tonight? I would like to see the statistics again on the poll that was taken because I believe - that a majority of the people wanted Traffic Calming." Chief of Police Daniel J. Kerr, Police Department addressed the City Commission on the related violations on Dyson Drive during the first nine (9) months of this year. Discussion. Tape 2/Side A Deputy Mayor Blake suggested, "Do another Straw Ballot that doesn't have bundled questions like this one has." Further discussion. Mr. Tom Freeman, spoke on the City's Public Input process and deviating from set Agendas. Mr. Chase provided a sample Straw Ballot from Seminole County. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 11 OF 19 Mayor Bush called a Recess at 8:33 p.m. Mayor Bush called the Meeting back to Order at 8: 48 p. m. Regarding a revised Straw Ballot form, Mr. Chase stated, "Anthony (Garganese) has agreed to work with me rather than sitting down right now." Mr. Chase then explained the suggested wording would be, "In the first paragraph, we would have instead of Seminole County, it would say 'City of Winter Springs' because we would be the ones sending it out. It'd say, 'Traffic Calming islands'; there would be a sentence inserted which would be described as 'It's two (2) Traffic Calming circles along with nine (9) medians', which is what the City is projecting; and then we would come down to where it says - 'For Traffic Calming Islands' or 'Against Traffic Calming Islands', and so I think that Mr. Garganese and I can do that tomorrow with faxes." Further discussion. "I MOVE THAT WE ASK STAFF TO BRING THIS BACK IN TWO (2) WEEKS - OUR NEXT MEETING - WITH A BALLOT THAT WE COULD USE AND RECOMMENDATIONS AS TO HOW WE CAN MOVE FORWARD." MAYOR BUSH ADDED, "AND ALSO TO NOTIFY - ALL THE RESIDENTS ON DYSON [DRIVE] OF THIS AGENDA ITEM?" COMMISSIONER McGINNIS STATED, "YES." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Bush said to Mr. Chase, "You will work with Anthony (Garganese) on getting..." Mr. Chase stated, "... We will get it together." Mr. Mike Barr, Chair, Seminole Soil and Water Conservation District, 108 West Commercial Street, Sanford, Florida: spoke on his group's efforts; stormwater; Lake Jesup; and reclaimed water. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 12 OF 19 CONSENT AGENDA CONSENT 400. Office Of The City Manager Requesting That The City Commission Authorize Resolution Number 2006-54 Supporting The Seminole County-Wide Referendum On The November 7, 2006 Ballot To Dedicate 0.2 Mills Of Ad Valorem Tax Over A Ten (10) Year Period For The Acquisition Of Environmentally Sensitive Lands And To Acquire And Develop Recreational Trails And Pedestrian Bridges. No discussion. CONSENT 401. Public Works Department Requesting Authorization To Retain The Services Of Professional Engineering Consultants (PEe) For The Design Of Improvements To The Traffic Signal At The Intersection Of State Road 434 And State Road 419. There was no discussion on this Agenda Item. CONSENT 402. Public Works Department Requesting Authorization To Retain The Services Of Professional Engineering Consultants (PEC) For The Design Of State Road 434 And Vistawilla Drive Intersection Improvements. Brief discussion. CONSENT 403. Utility Department Requesting Approval To Piggyback Off Of The City Of Orlando SICOP Bid Number BI06-2139 For The Purchase Of Gas Chlorine. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 13 OF 19 CONSENT 404. Utility Department Requesting Approval To Piggyback Off Of The City Of Mulberry Florida's Contract With Odyssey Manufacturing Company For The Purchase Of Sodium Hypochlorite. No discussion. CONSENT 405. Office Of The Mayor Requesting That The City Commission Authorize Resolution Number 2006-53 In Coordination With The Private Business Association Of Seminole Requesting The Florida House And State Senate To Address The Emerging Crisis Of The High Cost Of Insurance Premiums Facing Property Owners Of Seminole County And The State Of Florida. There was no discussion on this Agenda Item. CONSENT 406. Information Services Department Requests Authorization To Pay Florida League Of Cities For Records Management Consulting Services In The Amount Of $16,005.00 For FY (Fiscal Year) 2006 Services Rendered. This Agenda Item was not discussed. CONSENT 407. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 14 OF 19 CONSENT 408. Parks And Recreation Department Requesting Authorization To Execute Amendment 87 - Trotwood Park Expansion For Consulting Engineering Services With Conklin, Porter, And Holmes Engineers, Inc. Brief discussion. CONSENT 409. Office Of The City Clerk Requesting Approval Of The September 25, 2006 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE" COMMISSIONER McGINNIS. DISCUSSION. CONSENT AGENDA. MOTION BY SECONDED BY COMMISSIONER KREBS. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. INFORMATIONAL 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 - OCTOBER 9, 2006 PAGE 15 OF 19 INFORMATIONAL 501. Parks And Recreation Department Notifying The City Commission That The Winter Springs, Seminole Cultural Arts Council Application Requesting Funding For The Holiday And Spring Philharmonic Orchestra Concerts Was Selected For Funding In The Amount Of $2,000.00. There was no discussion on this Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE FOR APPROVAL - INFORMATIONAL." DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: 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 mentioned a rumor about a Hospital being built using condemned lands, and stated, "I am going to be putting a disclaimer in the next water bill on that [West] side of the City." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 16 OF 19 REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC No Report. REPORTS 603. Commission Seat Five - Joanne M. Krebs Commissioner Krebs stated, "Congratulations to Andrea [Lorenzo-Luaces], Anthony [Garganese] and you Mayor [Bush] for you being Finalists in the 'Florida Cities of Excellence Awards', so Congratulations to all three (3) of you." Secondly, Commissioner Krebs read into the Record comments about a recent discussion related to a Fire Truck. Discussion. Tape 2/Side B Further discussion. REPORTS 604. Office Of The Mayor - John F. Bush Mayor Bush commented about a citizen's email which suggested that a different religious article be shown during the Holidays. Attorney Garganese suggested, "If you wanted to allow religious symbols for the Holiday on government property you would have to have a Policy that would comply with the Constitutional requirements." With discussion, Commissioner Krebs asked, "What IS our Policy and IS it written down?" Manager McLemore said, "You have a direction from the Commission." Mayor Bush stated, "Can we dig that one out, so that I can respond?" Mayor Bush then asked City Clerk Andrea Lorenzo-Luaces, "Would you be able to find - where the Commission has taken action on this in the past, do a search?" City Clerk Lorenzo-Luaces responded, "Sure." Mayor Bush then added, "And when you find it, then I will respond, and also make sure the Commissioners get copies of it too." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 17 OF 19 Mayor Bush commented on the Public Input Policy and possibly changing our Policy and stated, "I would like to - gather some options for the Commission on possibly changing these rules a little bit. " Discussion. Mayor Bush said, "So if the Commission has no objection, I would like to do a little Survey and maybe come back with some suggestions and see if you want to make any changes. Any objections?" Commissioner A-fcGbl1lis stated, "Go ahead." Commissioner Krebs remarked, "No objections from me." Commissioner Gilmore stated, "No problem." Deputy Mayor Blake stated, "I don i have any problem if you want to do a survey of other cities or see what else they are doing, I think you will find some fairly uniform results. " Deputy Mayor Blake continued, "Mayor, you can look at the other cites in Seminole [County] - or you can talk to the [Florida] League of Cities and see if they have any sort of Survey results on what other cities across the State are doing, but I think what you will find is a very uniform result, either at the beginning of the Meeting or end of the Meeting - the hybrid concept that you are talking about, I don't think exists anywhere, and in fact I think there are also have been some Court cases on this and there have been some challenged - in terms of the rules and what you can do to keep control of the Meeting to make sure that you are addressing the business that needs to come before the Commission." Attorney Garganese stated, "Right." Commissioner Miller remarked, "I would say 'Yes' on the same basis as the Commissioner. " In summary, Mayor Bush noted, "It will be a Survey and you will just get the results. " REPORTS 605. Commission Seat One - Robert S. Miller No Report. REPORTS 606. Commission Seat Two/Deputy Mayor - Michael S. Blake Deputy Mayor Blake stated, "My congratulations as well, to the Mayor, to the City Clerk, and the City Attorney for being selected as Finalists for the Florida League of Cities "Cities of Excellence Awards." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 18 OF 19 A Birthday was recognized next. REPORTS 607. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore mentioned the previous discussion on the Dyson Drive discussion and was bothered by the "Process." Continuing, Commissioner Gilmore also mentioned, "Two (2) of their people came to me and I can tell you where one of the problems with these Traffic Calming circles is, and it is when people are trying to make a left turn at that turning circle, they have to go around the circle legally, to make the left turn. Now to me that is kind of a dangerous thing, because they have got to cut in front of incoming traffic that is stopped there and I am wondering if we are protecting a valid - thing? Is it really necessary that that be enforced?" Furthermore, Commissioner Gilmore suggested, "I think we need to look at why we are doing it and is it an effective thing?" Next, discussion ensued on a burned-out residence on Deer Run. "I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT THE ATTORNEY TO DRAFT AN ORDINANCE PERTAINING TO HOUSES WHICH HAVE BEEN SEVEREL Y DAMAGED AND NEED DEMOLITION OR REPAIR AND INCLUDE IN THAT ORDINANCE TIME FRAMES." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 19 OF 19 REPORTS 608. Commission Seat Four - Sally McGinnis Commissioner McGinnis congratulated Attorney Garganese on being recognized as a "Super Lawyer." Next, Commissioner McGinnis commented for the Record on her business cards being changed out by another individual during this Election season, which she was not pleased with. Tape 3/Side A Brief discussion. Commissioner McGinnis asked when the next Swearing-In Ceremony would take place after the November Election. City Clerk Lorenzo-Luaces read from the Code and stated "Shall take office on the first Monday after the first day of December next succeeding the election." Mayor Bush pointed out that that date would be December 4t\ 2006. With discussion, Mayor Bush noted, "So it will be on December 4th, time will be determined after the Election." Brief discussion ensued on the Florida League of Cities' "Cities of Excellence A wards" Banquet scheduled for the I ih of November, 2006. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 10:08 p.m. RESPECTFULLY SUBMITTED: DANIELLE HARKER, ASSISTANT TO THE CITY CLERK AND ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MA YOR NOTE: These Minutes were approved at the , 2006 Regular City Commission Meeting. CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 9, 2006 CALL TO ORDER The Regular Meeting of Monday, October 9, 2006 of the City Commission was called to Order by Mayor John F. Bush at 6:49 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, arrived at 6:58 p.m. City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. Mayor Bush said, "One (1) Agenda change, Commissioners. Item '301" has been pulled at the request of the Applicant." PUBLIC INPUT Mr. Paul Partyka, 934 Contravest Lane, Winter Springs, Florida: spoke on behalf of the Winter Springs Chamber Task Force, introduced some other members of this Task Force and reviewed what has transpired regarding the establishment of a Winter Springs Chamber of Commerce. Mr. David Mize, 1607 Little Sparrow Court, Winter Springs, Florida: noted his support of Agenda Item "400". Mr. Damon A. Chase, Esquire, 250 International Parkway, Suite 250, Lake Mary, Florida: spoke on behalf of citizens neighboring Dyson Drive sidewalks and Traffic Calming. City Manager Ronald W McLemore arrived at 6:58 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 2 OF 19 Commissioner Sally McGinnis stated for the Record, "I was contacted by Mr. Thompson." Mr. Michael R. Saporito, 607 Morgan Street, Winter Springs, Florida: noted his concern with putting Traffic Calming devices on a street that has a twenty-five (25) mile an hour speed limit. Mr. Moti Khemlani, 605 Morgan Street, Winter Springs, Florida: spoke of uniting the community; commented on other City issues; and noted for the Record that Mr. Chase could reference his comments. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 100. Not Used. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Office Of The City Attorney And Community Development Department Requests That The City Commission Hold A Public Hearing For First Reading Of Ordinance Number 2006-18. Mayor Bush asked, "Move to read by 'Title' only." "SO MOVED." MOTION BY DEPUTY MAYOR BLAKE. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. Commissioner Joanne M Krebs left the dais at 7:08 p.m. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE Commissioner Krebs returned to the dais at 7:09 p.m. COMMISSIONER KREBS: AYE MOTION CARRIED. City Attorney Anthony A. Garganese read the Ordinance by "Title" only. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 3 OF 19 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. Discussion. "MOTION TO APPROVE ITEM '200'." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 201. Community Development Department Requests That The City Commission Hold A Public Hearing For The Aesthetic Review Of The Monument Sign Proposed In Front Of The New Covenant Church At 800 Tuskawilla Road. Mr. John Baker, AICP, Senior Planner, Community Development Department spoke briefly on this Agenda Item. Brief discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Karen Staton, 800 Tuskawilla Road, Winter Springs, Florida: Mayor Bush stated, "Y ou are in favor of the sign, is that correct?" It was noted that Ms. Staton represented the Church. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion ensued on the height of the proposed sign. Commissioner Robert S. Miller said, "I would like to see this Tabled until - we get an accurate - this is not in, this is not accurate either - it is not what we are actually going to see, so I would like to see something brought back which is in the correct relationship." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 4 OF 19 With further discussion, Commissioner Miller noted, "I think we should have an accurate depiction of what it is going to look like." Commissioner McGinnis asked, "What would two (2) weeks mean to the Applicant, do you know?" Ms. Staton said, "That would be fine." Discussion. "I WILL MAKE A MOTION TO ACCEPT ITEM - '201' AS IS." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: NAY COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: NAY MOTION CARRIED. In other City business, Mayor Bush stated, "I invited Seminole County to give us a short presentation on the Natural Lands Amendment." Mr. Steve Olsen, Public lnformation Director, Seminole County, 1101 East First Street, Sanford, Florida: addressed the City Commission on the Seminole County Natural Trails Referendum. Tape I/Side B Furthermore, Commissioner Miller stated, "Winter Springs has a vested interest in this because our section of the Trail has a problem right now where it ends, right over here near the new school - this needs to go around our Industrial zone, so if this doesn't pass, then what happens to that? Then it just kind of languishes for a few years or...?" Mr. Olsen said, "...I'm not certain. I don't know. But I could find out for you and get back with you." Commissioner Miller further inquired, "Is it in our program or isn't it? I need to know that. " Mr. Don Fisher, Deputy County Manager, Seminole County, 1101 East First Street, Sanford, Florida: said, "I can tell you this much: that we're formulating the projects that we could do. That was one of the segments that we thought we could do if this were to be approved. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 5 OF 19 Mr. Fisher continued, "Well, you know, in this business, not everything can be a 'Yes' or a 'No'. When we developed - the Trail projects and the Bridges and we prepared this for the Board of County Commissioners, we went through a series of projects that we knew were in the public's interest. One of those projects in the public's interest was this segment through Winter Springs. As far as guarantees, could I tell you, 'Gosh, absolutely, that's going to be the first projects that we're going to do?' No, I don't know because those things go through the budgeting process and priorities." Deputy Mayor Michael S. Blake said, "Because up here we have kind of a list where we have actually put stars and lines on a map that we are using to go around the County. Is this project one of those items that's on this map?" Mr. Fisher said, "Yes, it is." Deputy Mayor Blake then remarked, "I would tend to suggest that it's higher on the list than opposed to lower on the list." Mr. Fisher said, "That I can concur with, yes." Mr. Mike Barr, Chair, Seminole Soil and Water Conservation District, 108 West Commercial Street, Sanford, Florida: said, "This is critical to our future. It's buying what we need, which is Florida's natural choice. It's accomplishing many of our major goals and the recharge areas that we're going to be acquiring will be very important to our future water supply." Ms. Lellan Wilson, 975 Dyson Drive, Winter Springs, Florida: asked how the Trail will affect the neighborhood from Tuskawilla Road and Shetland A venue Mr. Fisher said, "What I could suggest is that we could get with her after this Meeting and get some of the details and - information. Ijust don't have that readily available." REGULAR AGENDA REGULAR 300. Community Development Department And Office Of The City Attorney Subsequent To The Community Meeting Held By The City Commission On October 2, 2006, The Community Development Department And City Attorney Request That The City Commission Provide Formal Direction To Staff Regarding The Processing Of Seminole County's Request To Permit And Construct Jetta Pointe Park Located Adjacent To The Black Hammock Trail Head. Attorney Garganese spoke on this Agenda Item. Mr. Fisher said, "First of all, we really do thank the Commission, the Mayor, and the Staff, and the City Attorney for everything you've done to accommodate and expedite this request. My understanding of the Staff recommendation is that you will be processing an Amendment to your Land Development Code that makes a Permitted Use in the 'C-I' and PUD (Planned Unit Development) Zoning Classification 'Public Recreation' . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 6 OF 19 There are some other matters that the (Seminole) County is committing to, as part of this request, and I've spoken with your City Attorney and we're memorializing this in writing; several of them having to do with the conceptual layout that was presented that last evening. You need to know that we are committed to that. Of course, there might be some minor revisions that need to get made, but we are prepared to commit to that. We're also prepared to commit to a Future Land Use Amendment of the property to 'Open Space and Recreation'. We, our request, and what we would like is not to do that at this time, but to do that in the Spring cycle of 2007, as enumerated in your Staff Report. And finally, we'll also commit to that time, that we will release the City from the Settlement Agreement. Our request in that regard, and for that matter for the Land Use Amendment, is that we have Permits in hand to begin constructing the site before we actually give those releases. Partly because we want to maintain the value and the property and should anything happen, even if being a hurricane or something where the priority shift, we want to be, we want to leave the options open as best that we can to the public. But outside of that, if that is also the Commission's understanding, (Seminole) County staff is on board with you and again, we thank you for your assistance in this." Discussion. Mayor Bush said, "So really the only difference of what the Commission has is under item 2. - the one (1) sentence that says the Amendment can be transmitted in the Spring 2007 cycle, is what Mr. Fisher was asking for; where it says here in October, or in the Spring. So this is moving it back to 2007 for the Spring cycle." Attorney Garganese said, "It would coincide with the estimated completion date for Final Engineering. So when they're done with Final Engineering, the Comprehensive Plan designation Amendment would be effective as well." "I MOVE THAT WE ACCEPT THE FOUR (4) STAFF RECOMMENDATIONS ON ITEM '300'." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH SAID, "AND ONE CHANGE, WOULD BE TO CHANGE TO THE SPRING 2007 CYCLE." COMMISSIONER McGINNIS SAID, "COULD BE..." MAYOR BUSH SAID, "...IF THEY ASK FOR IT." ATTORNEY GARGANESE SAID, "THAT'S WHAT WE'RE GOING TO DO. WE'LL PROCESS IT IN THE SPRING." SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 7 OF 19 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 301. Community Development Department Requests The City Commission Approve A Site Development Permit Agreement With Tousa Homes, Inc. For Site Clearing At Sonesta Pointe. As noted earlier in the Meeting, this Agenda Item has been pulled. REGULAR 302. Office Of The Mayor Requesting The City Commission To Approve Resolution Number 2006-55, Establishing The Winter Springs Open Space Study Committee. Discussion. Mayor Bush said, "One thing, I would like to make one (1) comment about this and that is, I don't believe that - it does address the open - the green space and conservation of lands, but I would also like for it to include Trails. And more or less, it would be very similar to what we just saw for Seminole County that some of this - if it moves forward, that some of these funds could be used to enhance the Trails within the City, to attest to the Seminole Cross County Trail as well. So, I would like to make that one (1) change. That's my only recommendation." Manager McLemore said, "I think you could read it that way. Now, if you just want to articulate it, we could, do you want to change the language in the Resolution?" Mayor Bush said, "I just think so, the Commission - they understand what the intent is." Manager McLemore said, "Yes, I think Parks and Recreation areas would certainly qualify. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 8 OF 19 "I MOVE THAT WE APPROVE RESOLUTION 2006-55 AND APPROVE A SUPPLEMENTAL APPROPRIATION FROM GENERAL FUND TO STUDY THIS - UP TO FIVE THOUSAND DOLLARS ($5,00.00)." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. "I WOULD LIKE TO NOMINATE - WILLIAM POE - BILL POE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "I AM PLEASED TO NOMINA TE BOB HENDERSON." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 9 OF 19 "I WOULD LIKE TO NOMINATE KEN YORK." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. MAYOR BUSH STATED, "I WOULD LIKE TO NOMINATE CHARLES LACEY, WHO IS IN THE AUDIENCE TONIGHT." MOTION. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "I WOULD LIKE TO NOMINATE DENISE RYSER." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Commissioner McGinnis noted, "I believe the process will be - that they will all receive a letter. . . " Manager McLemore remarked, "... Yes..." Commissioner McGinnis added, " . . . Of Appointment?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 10 OF 19 Mayor Bush said, "By the way Commissioners, at a CALNO (Council of Local Governments in Seminole County) meeting, I learned that Winter Springs has no representation on the - Natural Lands and Trails Committee. I talked to (Seminole County) Commissioner (Randy) Morris today and asked that he consider someone from Winter Springs, and I also nominated Ken York, because Mr. York had indicated interest to serve on the Committee as well. So, if you know of any other citizen who might want to be on the Seminole County Committee, please let (Seminole County) Commissioner Morris know, the sooner the better." In other City business, discussion ensued on the Dyson Drive issue related to Sidewalks and Traffic Calming. Mr. Brian Fields, P.E., City Engineer, Public Works Department gave an overview on the Sidewalks and Traffic Calming issue related to Dyson Drive. Commissioner Miller said, "I really think we should do whatever it is that the people on Dyson [Drive] want." Commissioner Miller continued, "So, if the folks don't want it and a majority of the people that we polled said that they didn't want it, then what are we doing here tonight? I would like to see the statistics again on the poll that was taken because I believe - that a majority ofthe people wanted Traffic Calming." Chief of Police Daniel J. Kerr, Police Department addressed the City Commission on the related violations on Dyson Drive during the first nine (9) months of this year. Discussion. Tape 2/Side A Deputy Mayor Blake suggested, "Do another Straw Ballot that doesn't have bundled questions like this one has." Further discussion. Mr. Tom Freeman, spoke on the City's Public Input process and deviating from set Agendas. Mr. Chase provided a sample Straw Ballot from Seminole County. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 11 OF 19 Mayor Bush called a Recess at 8:33 p.m. Mayor Bush called the Meeting back to Order at 8:48 p.m. Regarding a revised Straw Ballot form, Mr. Chase stated, "Anthony (Garganese) has agreed to work with me rather than sitting down right now." Mr. Chase then explained the suggested wording would be, "In the first paragraph, we would have instead of Seminole County, it would say 'City of Winter Springs' because we would be the ones sending it out. It'd say, 'Traffic Calming islands'; there would be a sentence inserted which would be described as 'It's two (2) Traffic Calming circles along with nine (9) medians', which is what the City is projecting; and then we would come down to where it says - 'For Traffic Calming Islands' or 'Against Traffic Calming Islands', and so I think that Mr. Garganese and I can do that tomorrow with faxes." Further discussion. "I MOVE THAT WE ASK STAFF TO BRING THIS BACK IN TWO (2) WEEKS - OUR NEXT MEETING - WITH A BALLOT THAT WE COULD USE AND RECOMMENDATIONS AS TO HOW WE CAN MOVE FORWARD." MAYOR BUSH ADDED, "AND ALSO TO NOTIFY - ALL THE RESIDENTS ON DYSON [DRIVE] OF THIS AGENDA ITEM?" COMMISSIONER McGINNIS STATED, "YES." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Bush said to Mr. Chase, "You will work with Anthony (Garganese) on getting. . . " Mr. Chase stated, "... We will get it together." Mr. Mike Barr, Chair, Seminole Soil and Water Conservation District, 108 West Commercial Street, Sanford, Florida: spoke on his group's efforts; stormwater; Lake Jesup; and reclaimed water. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 12 OF 19 CONSENT AGENDA CONSENT 400. Office Of The City Manager Requesting That The City Commission Authorize Resolution Number 2006-54 Supporting The Seminole County-Wide Referendum On The November 7, 2006 Ballot To Dedicate 0.2 Mills Of Ad Valorem Tax Over A Ten (10) Year Period For The Acquisition Of Environmentally Sensitive Lands And To Acquire And Develop Recreational Trails And Pedestrian Bridges. No discussion. CONSENT 401. Public Works Department Requesting Authorization To Retain The Services Of Professional Engineering Consultants (PEC) For The Design Of Improvements To The Traffic Signal At The Intersection Of State Road 434 And State Road 419. There was no discussion on this Agenda Item. CONSENT 402. Public Works Department Requesting Authorization To Retain The Services Of Professional Engineering Consultants (PEC) For The Design Of State Road 434 And VistawiIIa Drive Intersection Improvements. Brief discussion. CONSENT 403. Utility Department Requesting Approval To Piggyback Off Of The City Of Orlando SICOP Bid Number BI06-2139 For The Purchase Of Gas Chlorine. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 13 OF 19 CONSENT 404. Utility Department Requesting Approval To Piggyback Off Of The City Of Mulberry Florida's Contract With Odyssey Manufacturing Company For The Purchase Of Sodium Hypochlorite. No discussion. CONSENT 405. Office Of The Mayor Requesting That The City Commission Authorize Resolution Number 2006-53 In Coordination With The Private Business Association Of Seminole Requesting The Florida House And State Senate To Address The Emerging Crisis Of The High Cost Of Insurance Premiums Facing Property Owners Of Seminole County And The State Of Florida. There was no discussion on this Agenda Item. CONSENT 406. Information Services Department Requests Authorization To Pay Florida League Of Cities For Records Management Consulting Services In The Amount Of $16,005.00 For FY (Fiscal Year) 2006 Services Rendered. This Agenda Item was not discussed. CONSENT 407. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 14 OF 19 CONSENT 408. Parks And Recreation Department Requesting Authorization To Execute Amendment 87 - Trotwood Park Expansion For Consulting Engineering Services With Conklin, Porter, And Holmes Engineers, Inc. Brief discussion. CONSENT 409. Office Of The City Clerk Requesting Approval Of The September 25, 2006 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE" COMMISSIONER McGINNIS. DISCUSSION. CONSENT AGENDA. MOTION BY SECONDED BY COMMISSIONER KREBS. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. INFORMATIONAL 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 - OCTOBER 9, 2006 PAGE 15 OF 19 INFORMATIONAL 501. Parks And Recreation Department Notifying The City Commission That The Winter Springs, Seminole Cultural Arts Council Application Requesting Funding For The Holiday And Spring Philharmonic Orchestra Concerts Was Selected For Funding In The Amount Of $2,000.00. There was no discussion on this Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE FOR APPROVAL - INFORMATIONAL." DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: 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 mentioned a rumor about a Hospital being built using condemned lands, and stated, "I am going to be putting a disclaimer in the next water bill on that [West] side of the City." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 16 OF 19 REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC No Report. REPORTS 603. Commission Seat Five - Joanne M. Krebs Commissioner Krebs stated, "Congratulations to Andrea [Lorenzo-Luaces], Anthony [Garganese] and you Mayor [Bush] for you being Finalists in the 'Florida Cities of Excellence Awards', so Congratulations to all three (3) of you." Secondly, Commissioner Krebs read into the Record comments about a recent discussion related to a Fire Truck. Discussion. Tape 2/Side B Further discussion. REPORTS 604. Office Of The Mayor - John F. Bush Mayor Bush commented about a citizen's email which suggested that a different religious article be shown during the Holidays. Attorney Garganese suggested, "If you wanted to allow religious symbols for the Holiday on government property you would have to have a Policy that would comply with the Constitutional requirements." With discussion, Commissioner Krebs asked, "What IS our Policy and IS it written down?" Manager McLemore said, "You have a direction from the Commission." Mayor Bush stated, "Can we dig that one out, so that I can respond?" Mayor Bush then asked City Clerk Andrea Lorenzo-Luaces, "Would you be able to find - where the Commission has taken action on this in the past, do a search?" City Clerk Lorenzo-Luaces responded, "Sure." Mayor Bush then added, "And when you find it, then I will respond, and also make sure the Commissioners get copies of it too." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 17 OF 19 Mayor Bush commented on the Public Input Policy and possibly changing our Policy and stated, "I would like to - gather some options for the Commission on possibly changing these rules a little bit. " Discussion. Mayor Bush said, "So if the Commission has no objection, I would like to do a little Survey and maybe come back with some suggestions and see if you want to make any changes. Any objections?" Commissioner McGinnis stated, "Go ahead." Commissioner Krebs remarked, {{No objections from me." Commissioner Gilmore stated, "No problem." Deputy Mayor Blake stated, "I don t have any problem if you want to do a survey of other cities or see what else they are doing, I think you will find some fairly uniform results. " Deputy Mayor Blake continued, "Mayor, you can look at the other cites in Seminole [County] - or you can talk to the [Florida] League of Cities and see if they have any sort of Survey results on what other cities across the State are doing, but I think what you will find is a very uniform result, either at the beginning of the Meeting or end of the Meeting - the hybrid concept that you are talking about, I don't think exists anywhere, and in fact I think there are also have been some Court cases on this and there have been some challenged - in terms of the rules and what you can do to keep control of the Meeting to make sure that you are addressing the business that needs to come before the Commission." Attorney Garganese stated, "Right." Commissioner Miller remarked, "I would say {Yes' on the same basis as the Commissioner. " In summary, Mayor Bush noted, "It will be a Survey and you will just get the results. " REPORTS 605. Commission Seat One - Robert S. Miller No Report. REPORTS 606. Commission Seat Two/Deputy Mayor - Michael S. Blake Deputy Mayor Blake stated, "My congratulations as well, to the Mayor, to the City Clerk, and the City Attorney for being selected as Finalists for the Florida League of Cities "Cities of Excellence Awards." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 18 OF 19 A Birthday was recognized next. REPORTS 607. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore mentioned the previous discussion on the Dyson Drive discussion and was bothered by the "Process." Continuing, Commissioner Gilmore also mentioned, "Two (2) of their people came to me and I can tell you where one of the problems with these Traffic Calming circles is, and it is when people are trying to make a left turn at that turning circle, they have to go around the circle legally, to make the left turn. Now to me that is kind of a dangerous thing, because they have got to cut in front of incoming traffic that is stopped there and I am wondering if we are protecting a valid - thing? Is it really necessary that that be enforced?" Furthermore, Commissioner Gilmore suggested, "I think we need to look at why we are doing it and is it an effective thing?" Next, discussion ensued on a burned-out residence on Deer Run. "I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT THE ATTORNEY TO DRAFT AN ORDINANCE PERTAINING TO HOUSES WHICH HAVE BEEN SEVERELY DAMAGED AND NEED DEMOLITION OR REPAIR AND INCLUDE IN THAT ORDINANCE TIME FRAMES." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 9, 2006 PAGE 19 0F 19 REPORTS 608. Commission Seat Four - Sally McGinnis Commissioner McGinnis congratulated Attorney Garganese on being recognized as a "Super Lawyer." Next, Commissioner McGinnis commented for the Record on her business cards being changed out by another individual during this Election season, which she was not pleased with. Tape 3/Side A Brief discussion. Commissioner McGinnis asked when the next Swearing-In Ceremony would take place after the November Election. City Clerk Lorenzo-Luaces read from the Code and stated "Shall take office on the first Monday after the first day of December next succeeding the election." Mayor Bush pointed out that that date would be December 4th, 2006. With discussion, Mayor Bush noted, "So it will be on December 4th, time will be determined after the Election." Brief discussion ensued on the Florida League of Cities' "Cities of Excellence Awards" Banquet scheduled for the 17th of November, 2006. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 1 0:08 p.m. RESPECTFULLY SUBMITTED: DANIELLE HARKER, ASSISTANT TO THE CITY CLERK AND / j APPROVED: '7~ NOTE: These Minutes were approved at the Dc t 0 be r 2 ~ 2006 Regular City Commission Meeting.