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HomeMy WebLinkAbout2005 11 28 Consent 205 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING NOVEMBER 14, 2005 CALL TO ORDER The Regular Meeting of Monday, November 14,2005 of the City Commission was called to order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). A moment of silence was followed by the Pledge of Allegiance. 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, arrived at 6:35 p.m. Under Agenda Changes, Mayor Bush stated, "Item '302' - it's the date for the 'Babe Ruth' Kick-off - February 25th is the correct date." AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Office Of The City Manager Presenting A Ribbon Cutting Ceremony And Demonstration For Laserfiche. Ms. Jacqui Greaves, Projects and Application Support Specialist, Information Services Department; Ms. Carol Lallathin, Assistant to the City Clerk, Office of the City Clerk; and Ms. maging Clerk, Information Services Department were introduced and gave a presentation on Laserfiche. City Attorney Anthony A. Garganese arrived at 6:35 p.m. ~ e F:: ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2005 PAGE 2 OF 33 Deputy Mayor Michael S. Blake asked, "Why are the documents coming up in the search window in order by month, as opposed to order by year? Don't standardized dating conventions normally start with the year, and then the month, and the days?" Ms. Greaves responded, "We'll take that back to the Records Management Team and we will reconsider what we can do about that." In other City business, Mr. Mervin Warner, President of the Tuscawilla Homeowner's Association and other representatives of the Tuscawilla Homeowner's Association presented a check in the amount of $500.00 to Chief of Police, Daniel J. Kerr for the "Shop with a Cop" program. PUBLIC INPUT Mr. Ron Ligthtart, 1036 Winding Waters Circle, Winter Springs, Florida: spoke of emails requesting input from the City Commission on previous tax increases. Brief discussion ensued on a discussion from the August 15,2005 Meeting, to which City Manager, Ronald W. McLemore stated, "I would like to meet with you." Ms. Patricia Condon, 709 Sybilwood Circle, Winter Springs, Florida: spoke on Regular Agenda Item '500' and asked that the fence be improved to improve property values. Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: commented on the three (3) minute rule for Public Hearings Agenda Items and asked that the City Commission reconsider this. Mr. Martinez also suggested that the waste removal Vendor should do a better job. Ms. Gina Burke, 1152 Winged Foot Circle West, Winter Springs, Florida: asked about the results of the recent Tuscawilla Lighting and Beautification District Straw Poll. Discussion. Ms. Laura Leigh Wood, 713 Sybilwood Circle, Winter Springs, Florida: spoke on the entrance of Trotwood Boulevard at Tuskawilla Road and the benefits derived from improving the fencing. Mr. Robert 1. Rulof, 944 Torrey Pine Drive, Winter Springs, Florida: remarked about his disapproval of the replacement of streetlights and suggested further illumination tests be done. Mr. Mervin Warner, 673 Keuka Court, Winter Springs Florida: suggested that Phase II of the Tuscawilla Lighting and Beautification District go forward, especially along Seneca Boulevard. -=:a @; ~: ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14,2005 PAGE 3 OF 33 CONSENT AGENDA CONSENT 200. Parks And Recreation Department Requesting Authorization For Architectural/Engineering Design Services With Starmer Ranaldi Planning And Architecture Incorporated For The Expansion Of The Senior Center And Therapy Pool At A Cost Of $54,000.00. Discussion ensued on whether there was a roof over the proposed Therapy Pool, to which Mr. Chuck Pula, Director, Parks and Recreation Department stated, "We are looking at some options to provide some type of roofing." Commissioner Joanne M. Krebs agreed to this and said, "Yes." Commissioner Donald A. Gilmore said, "This A and E [Architectural/Engineering] schedule has a completion date of December 31, 2005. Is that obtainable?" Mr. Pula stated, "It needs to be 2006." With further discussion regarding the proposed Therapy Pool and a cover, Commissioner Krebs stated, "I have to agree with him." No objections were noted. CONSENT 201. Utility Department Requesting Approval To Purchase A Vehicle By Piggybacking Off Of The Florida Sheriff Association, Florida Association Of Counties And Florida Fire Chief's Association Bid Number 04-12-0823. No discussion. CONSENT 202. Parks And Recreation Department Requests Authorization To Accept The Proposal From Don Reid Ford To Purchase A 2006 F-250 Crew Cab Truck And A 2006 E-250 Cargo Van. There was no discussion on this Agenda Item. CONSENT 203. Community Development Department - Urban Beautification Services Division Requesting Authorization To Revise The Baseline Streetlight Rate. With discussion, Commissioner Gilmore said to Mr. Steve Richart, Urban Beautification Division Services Manager, Community Development Department, "Are you going to send a notice to all of those Associations accordingly?" ~ ~ IK:"~~ ~: ~ CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2005 PAGE 4 OF 33 Mr. Richart responded, "We would notice - that would affect like T.L.B.D. (Tuscawilla Lighting and Beautification District), Stone Gable, Winding Hollow." Commissioner Gilmore added, "Just so we do that and let everybody know what is going on with it." CONSENT 204. Office Of The Mayor And Office Of The City Manager Requests That The City Commission Consider The Approval Of Resolution Number 2005-45 Offering The City Commission's Support For A Medical School At The University Of Central Florida. This Agenda Item was not discussed. CONSENT 205. Information Services Department Requests Commission Authorization For An Additional Appropriation In The Amount Of $9,825.00 For Phone System Upgrades. No discussion. CONSENT 206. Information Services Department Requests Commission Authorization To Renew And Pay The Annual Telephone System Maintenance Agreement With Orlando Business Telephone Systems (OBTS) In The Amount Of $14,793.00. There was no discussion on this Agenda Item. CONSENT 207. Community Development Department Requests That The Commission Approve The Jesup's Landing Final Subdivision Plat And Restrictive Covenants And Authorize Their Recordation, Subject To Conditions. Commissioner Sally McGinnis suggested some changes to the Covenants which were not included, such as "There is a clause in there that is no signs allowed, however I think, you do by law need to allow for 'For Sale' signs. There is nothing in there that addresses recreational equipment, so how would you handle that if someone put a tree house up or a swing set in their yard. Inoperative vehicles, that is not mentioned, there is no time limit. That is kind of a boilerplate phrase - you don't make reference to the FCC (Federal Communications Commission) regulation's regarding satellite dishes. You need to - I am sure you are aware of that? Okay? ,::::a ~ IE: :- ~ ~ ~ i CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2005 PAGE 5 OF 33 Parking is not spelled out - in other words, it does not say parking in designated parking spots and people park on the grass." Commissioner McGinnis added, "I would like to see in communities like yours, that garage doors should be kept closed at all times, but that needs to be in your documents or it is not enforceable." Discussion then ensued on streets and the maintenance of streets, to which Mr. Brian Fields, P.E., City Engineer, Public Works Department explained, "The City will own and maintain the public streets in the Development; the HOA [Homeowner's Association] will own and maintain the alleys." Manager McLemore added, "There is nothing to prevent them by contract if they want a higher level of maintenance than we normally provide to do that?" Mr. Dave Schmitt, P.E., Vice President, Land Development of Central Florida, Levitt and Sons, LLC, 1479 Hartford Run Drive, Orlando, Florida: stated, "That is our intent." Manager McLemore then noted, "So you want to enter into a separate Contract for some higher form of maintenance." Mayor Bush remarked, "I am concerned about the things that Commissioner McGinnis has brought up, if it is not in this document, and they are asking for approval." Mr. Schmitt stated, "We can amend them prior to recording. There are some other things like the parking, there is the parking requirements as far as not being able to park in the alley and all that. There are a number of those in there." Mr. Schmitt noted, "But we can meet separately and address those and amend those before - and have the City Attorney review them before we get them recorded, if that is satisfactory." Commissioner McGinnis said, "That would be okay." Attorney Garganese explained, "We certainly can put provisions like that - it would tighten up those provisions." Furthermore, Attorney Garganese remarked, "I can work with Staff and address those issues in the Declarations before they are recorded." Commissioner McGinnis commented, "That is satisfactory." CONSENT 208. Community Development Department Requests That The Commission Approve The Jesup's Reserve Townhomes Final Subdivision Plat And Restrictive Covenants And Authorize Their Recordation, Subject To Conditions. Regarding this Agenda Item, Commissioner McGinnis said, "That is the same." ~ ~ r=c:: ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2005 PAGE 6 OF 33 CONSENT 209. Community Development Department Requests That The Commission Approve Dr. Moseley's Re-Plat And Authorize Its Recordation, Subject To Conditions. With discussion on this Agenda Item, Commissioner Robert S. Miller spoke for the Record and said, "If this goes any further, you bring it back - I would just like the owner of the property to be aware of the fact, that there is a lot of other impact issues that could come as a result of this - the road level of service in that whole area." Commissioner Miller added, "There is only one way out of this property - one way in, and one way out _ that is my concern." Discussion. CONSENT 210. Utility Department Requesting Emergency Supplemental Appropriation For Repairs To The Sanitary Sewer System. Commissioner McGinnis spoke on the problem on Sheoah Boulevard and stated, "I have to tell you, Kip [Lockcuff, Director, Public Works/Utility Department], your Staff has done a great job. I want to commend Alan [Hill, Superintendent, Public Works Department]. They handled the flow of traffic; because this was major - they brought in generators that were quiet during the night. I appreciated that. He just went the extra mile and it did not go unnoticed!" CONSENT 211. Public Works Department - Stormwater Division Requests Authority From The City Commission For The Approval And Supplemental Appropriation Of The Change Orders For The Tuskawilla Road Drainage System Improvements Located At The Outfall To Lake Jesup. No discussion. CONSENT 212. Office Of The City Attorney Requests That The City Commission Approve The Settlement Offer And Ripeness Decision Relevant To Reverend Neil Backus' Harris Act Claim Against The City. With discussion, Attorney Garganese stated, "My recommendation to the Commission is to do nothing." ,:::a ~ ~: ~ CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14,2005 PAGE 7 OF 33 Commissioner Gilmore asked if he could build a church there, to which Attorney Garganese said, "I don't believe that is the case." CONSENT 213. Office Of The City Manager Requesting Authority From The City Commission To Adjust Salary Range Maximums For FY (Fiscal Year) 06. Discussion. Commissioner Miller said, "I do not want to see it happen again." Commissioner Miller added, "I think waiving the ranges shows that - something is wrong in our system, and we should have caught this earlier." Further discussion. CONSENT 214. Office Of The Mayor Requests That The City Commission Consider The Approval Of Resolution Number 2005-46 Offering The City Commission's Support For Elder Affairs. Commissioner McGinnis asked, "Doesn't this involve more than just a Resolution?" Mayor Bush explained, "This is the start ofthe process. Chuck [Pula] - has the rest of the information ifthe City approves this." CONSENT 215. Office Of The City Clerk Requesting Approval Of The October 17, 2005 City Commission Special Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 216. Office Of The City Clerk Requesting Approval Of The October 24, 2005 Regular City Commission Meeting Minutes. This Agenda Item was not discussed. e IL :w r-. ~ ES CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2005 PAGE 8 OF 33 CONSENT 217. Office Of The City Clerk Requesting Approval Of The November 7, 2005 City Commission Special Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE [CONSENT AGENDA]." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEMS AND MOTIONS WERE DISCUSSED NEXT, BUT NOT NECESSARILY IN THE ORDER DOCUMENTED. .:. .:. INFORMATIONAL AGENDA INFORMATIONAL 300. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Commissioner Miller said, "The map on the back - I thought it was very useful. I thought it was one of those things that we need to explore ways very quickly to get this into the public forum." Commissioner Miller then asked, "Is it on the City's Website?" Mr. Randy Stevenson, ASLA, Director, Community Development Department stated, "No it is not at this point, but however, once we finalize this and again, we are working with our Consultant to make sure we have all of the current developments, so that it is an upgradable format - we will look to put it on the Website, and I'll find out how to do that." Commissioner Miller added, "If the Commission doesn't have any objection, we'll find out a way to get it on the front page." No objections were noted. e 1Ir=-~ ~: ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14,2005 PAGE 9 OF 33 Mayor Bush noted a reference to the Dittmer Large Scale Comprehensive Plan Amendment shown on page 2 and said, "I would appreciate a kind of a head's up when. . ." Commissioner McGinnis said, ".. .Ditto. . ." Mayor Bush continued, "... When outside people, outside the Commission are inquiring about this, that we know about this, especially Commissioner McGinnis - this is her District. It would be nice that you would bring her up to date on who was inquiring about it, and what was their concern." Mr. Stevenson acknowledged this issue and stated, "We will make sure that - to notify all of those who would be affected from a traffic standpoint, from the school loading standpoint, and so forth." Mayor Bush added, "We have promised the School Board that we would keep them informed." Discussion. INFORMATIONAL 301. Finance Department - Parks And Recreation Department Wishes To Inform The City Commission About The Revenue And Expenses Of The Concession Stand. Commissioner Krebs asked about the possibility of having hot foods available for sale. With brief discussion, Mr. Pula stated, "I'd be glad to talk to you about it." INFORMATIONAL 302. Parks And Recreation Department Wishes To Inform The City Commission Of The Department's Intent To Schedule The Following Winter Spring Events. As noted under Agenda Changes, Mayor Bush noted that the date for the "Babe Ruth" Kick-off is really February 25th, not the date noted in the Agenda Item. Commissioner Gilmore asked if we were also considering Tennis and Handball, to which Mr. Pula responded, "We definitely are." Discussion ensued on using the FLOP (Friends of Leash Optional Parks) group; and Soldier's Creek. Mr. Joe Gasparini, Manager - Parks and Recreation, Seminole County, 264 West North Street, Altamonte Springs, Florida: stated, "As far as our focus with what the County is doing - we're looking over at Soldier's Creek Park right now, trying to put some resources in that because that is a facility that has been there for several years and we have had some good partnerships there and we're trying to go out now and see what that site could actually support, and from that point, maybe go out and see what kind of partners we can get there, that seems where our commitment is right now. I! IE:~':' ~ ea ~ ......."t~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14,2005 PAGE 10 OF 33 And Jetta Point as far as the County is concerned - it's on hold right now because of- resources and what the priorities are, but we would definitely want to try - obviously the County has made a commitment because they've purchased the Jetta Point property and there is certainly a tremendous amount of potential for partnership between the three (3) entities, Oviedo, Winter Springs, and Seminole County." Mayor Bush said to Mr. Gasparini, "So we are not at fault with Jetta Point not moving along a little faster at this point, it's really the County has other priorities right at this moment. Is that correct?" Mr. Gasparini stated, "Yes, Sir:' Discussion ensued on the status of Soldiers Creek, to which Mr. Gasparini stated, "There are wonderful design plans and what can go on this property here, but, we've got this environmentally sensitive area and we're not quite sure what can go, so we are right now working with a design consultant and go out and see what we can actually put there and right now, our Commission has told us to make it primarily a baseball facility, possibly softball along with that and we're - looking like I said with other partners, private, public or a combination thereof for that site, so depending on what can be put there, then we'll go out about - at some point once we know what will fit, then we will go out and see who's interested." Mayor Bush said to Mr. Gasparini, "So we are waiting at this point for your Consultant to come back with information?" Mr. Gasparini stated, "And we're looking to have that done, we're trying to fast-track that - we're looking at January, February, really pushing hard to get something going there, because - we know that this site needs a lot of movement so it can be something that people can be proud of." Discussion ensued on why the City Commission did not get updates on Soldier's Creek to which, Mayor Bush said, "That is what Commissioner Krebs is saying, "We need to know what your opinions are." Commissioner Krebs said, "Right." Regarding updates, Commissioner Krebs stated, "We get updates on what is going on in the Town Center - why can't we get updates on that? We stated something was going to happen in ninety (90) days, and then a Commissioner asks in August where we are on it - I am just saying, what is wrong with an update?" Manager McLemore said to Mr. Pula, "Did you discuss this in your Monthly Report?" Mr. Pula responded, "No, I did not." Manager McLemore said, "It should have been." Mayor Bush said to Mr. Gasparini, "You take that back to the County Commissioners, will you?" INFORMATIONAL 303. Parks And Recreation Department Wishes To Inform The City Commission About The Schedules Of The Winter Springs Holiday Festival Weekend. Discussion ensued on new plantings in the Parade Route; followed by discussion on throwing candy during the Parade and possible safety issues. ,...... ~ ~ ~ ~ r. ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2005 PAGE" OF 33 MOTION THAT "NO CANDY IS TO BE THROWN FROM MOVING VEHICLES DURING THE PARADE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: NAY DEPUTYMAYORBLAKE: NAY COMMISSIONER MILLER: NAY MOTION DID NOT CARRY. INFORMATIONAL 304. Parks And Recreation Department Wishes To Inform The City Commission Regarding Current Discussions With Seminole County And Oviedo Regarding The Future Development Of Jetta Pointe Park. No discussion. INFORMATIONAL 305. Public Works Department Advising The City Commission Of The Status Of Various Capital Improvement Projects. Discussion. Commissioner Miller remarked, "1 would like to see something in here in the future on - the treeing of [State Road] 434 out here." Brief discussion. Next, Commissioner Miller stated, "Burying the power lines on [State Road] 434, 1 would like to see that put in here as an Item, so that we are reminded constantly of the need to do that.;' Commissioner Gilmore said to Mr. Lockcuff, "1 like the way you put in bold, the additions pertaining to this - and would like you to show it to Mr. Stevenson. Putting that in bold is good, it draws our eye right to the new items." Commissioner Gilmore added, "1 would like to compliment you on the map of the Town Center." -==a ~ ~ ~ .;;;,. CITY OF WINTER SPRINGS, FLDRIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14,2005 PAGE 12 OF 33 Next, Commissioner Gilmore discussed with Greg Bishop, Capital Projects Coordinator, Public Works Department on where maps of the Trail can be obtained. With mention of a link on our City's Website under "Capital Projects", Mr. Bishop stated, "I think we can make that information known to the Information Management folks and they can probably attach those links." Commissioner Gilmore added, "That, and it would be nice if we had a couple of maps of that." Discussion ensued on burying power lines as noted in this Agenda Item. Commissioner Miller stated, "We waited about three (3) years while you kept asking the Power Company to give us an estimate of what it was going to cost. You kept giving us a ball park figure of three to four million dollars ($3,000,000.00 - $4,000,000.00) to do this section - I remember several million dollars to do the section from Sheoah Boulevard and Moss Road. You also had mentioned repeatedly that Town Center section." Commissioner Miller then said, "I want it to be kept before the Commission if at all possible so that we don't have to keep asking." Commissioner McGinnis said, "I agree." Commissioner Miller added, "This was a Commission led initiative in my opinion." Commissioner Miller then mentioned previously asking for shade trees in the Town Center area and explained, "We agreed to do it, but we didn't fund it, so that ought to be on here to remind us." Commissioner McGinnis stated, "I totally agree about the underground. " Mayor Bush then said, "To move on beyond this Report, is it a Consensus of the Commission?" Commissioner Krebs said, "Sure." Commissioner Gilmore remarked, "Right." No objections were noted at this point. Commissioner Miller restated the request in that, "I would like to see a Line Item in there that says undergrounding the power lines on [State Road] 434, and provided - what the last estimates were provided by Florida Power, what we have done - our discussions in general, in one paragraph. What the estimate was that came back before Florida Power - I think it was under a million dollars. It surprised all of us." With discussion, Deputy Mayor Blake suggested, "What might get us closer to what is desired on this would be if we - direct the Manager to bring back to us at the next Meeting or the Meeting after, an update of, and perhaps a reminder of where this Project was, how far we went on it, what the last thing was that was done on it; and what kind of steps we can take in the future." Commissioner Miller stated, "I don't have any problem with what Commissioner Blake said, it is just that a lot ofthings are slipping - away here." S IlL ~ n-l "'.. ~ CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14,2005 PAGE 13 OF 33 Manager McLemore said, "What I was going to suggest was to bring those items back to you for discussion." Commissioner Krebs asked, "Is the Commission in agreement with the Manager. . ." Commissioner Gilmore asked, ".. .Are you going to bring back the trees out here too, and the curbing?" Manager McLemore explained, "We'll bring back these three (3) things to you." Commissioner Gilmore said, "Okay." Commissioner Krebs stated, "That is fine." Commissioner Krebs then added, "I go along with the Consensus that we go ahead and have it on that - Line Item of wherever we are, whether it is funded or not, just write, not funded - currently not funded." Mayor Bush then said, "I think both suggestions are good." Mayor Bush summarized saying, "The Consensus would be to go ahead and put it on here, as well as do the Agenda Items." Mayor Bush added, "Everybody is in agreement that it will be on the Public Works list at this point, as well as an Agenda Item for a future Meeting, be it the next Meeting or the Meeting after." On a separate issue, further discussion ensued with Mr. Bishop on whether the stamping is off center, to which Mayor Bush asked for a written explanation to share with those that ask about this. Commissioner Gilmore said, "When we were adding these items to this program, Capital Improvements list, I would like to have something put in there, continued - to keep us informed as to what is going on with the Light Standards on - [State Road] 434 - and the sidewalks, and things like that; so that we know that that is not going to die on us." Commissioner Gilmore added, "Make sure that we are kept informed of what is going on." INFORMATIONAL 306. Community Development Department Advising The City Commission Of The Current Status Of The Property Located On The Western Boundary Of The Foxmoor Subdivision Adjacent To The City Of Casselberry Maintenance Yard. There was no discussion on this Agenda Item. "MOTION TO APPROVE - THE INFORMATIONAL AGENDA." MOTION BY COMMISSIONER. MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. s -- ~ r-; ,.,. ~ ...-:> CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2005 PAGE 14 OF 33 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Not Used. PUBLIC HEARINGS 401. Office Of The City Manager Requesting The City Commission Hold A Public Hearing On The Adoption Of Resolution [Number] 2005-43, "The Final Improvement Assessment Resolution And Maintenance Assessment Resolution For The Tuscawilla (Phase II) Assessment Area. " Ms. Michelle Greco, Director, Finance Department introduced this Agenda Item. During discussions with Mr. Richart, Deputy Mayor Blake remarked that "These two (2) or maybe three (3) - that should not be excluded, primarily everything east of the eastern boundary." Deputy Mayor Blake continued by saying, "There are four (4) parcels that should not be excluded - 05-21-31-505-0000-0020. The second one, all the same except for the '2' at the end, iUs a '3'. The next one is all the same, except it is a 4 - that property is squarely on Vistawilla [Drive], which is one of the affected streets. And, the last parcel- is the Hess Station." Deputy Mayor Blake added, "The other parcels I gave you are the Plaza, and the Colonial Bank property; and the Vistawilla Property." With further discussion, Deputy Mayor Blake stated, "My whole point is what we are really trying to get to here is to make sure that those landowners can truly benefit from this, and I believe there is a nexus and should pay for it, help defray the costs. The problem that we have, what you are asking for Commissioner, is for all the residential individuals, the homeowners, to pay the full cost that some commercial owners - some of them don't even pay taxes now by the way, are going to get some benefit from. And my only point is that we should effectively spread the cost to those who benefit from it." Discussion. Discussion ensued on the three (3) minute Public Input rule. NOTE: Due to technical difficulties, portions of this audiotape were inaudible. 8 IL. ~ ~ ~ ES CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14,2005 PAGE 15 OF 33 Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Rande Thompson, 108 Marsh Creek Cove, Winter Springs, Florida: addressed the City Commission on this issue. Mr. Moti Khemlani, 605 Morgan Street, Winter Springs, Florida: also spoke on this effort, and suggested that nothing be changed. Ms. Greco spoke for the Record about being a Tuscawilla resident. Mr. Gary Hillery, 1220 Winter Springs Boulevard, Winter Springs, Florida: spoke of time and effort already expended on this issue. Mayor Bush closed the "Public Input" portion of the Agenda Item. Commissioner Gilmore stated, "Before we finalize it and go out, let's make - sure we have the right numbers." Discussion. "1 WOULD LIKE TO MAKE A MOTION - TO ADOPT RESOLUTION 2005-43, THE FINAL IMPROVEMENT ASSESSMENT RESOLUTION AND MAINTENANCE ASSESSMENT RESOLUTION FOR THE TUSCA WILLA (PHASE II) ASSESSMENT AREA, SETTING THE MAXIMUM CAPITAL IMPROVEMENT ASSESSMENT RATE AT SEVENTEEN DOLLARS ($17.00) AND THE MAXIMUM MAINTENANCE ASSESSMENT RATE AT FORTY- EIGHT DOLLARS ($48.00) FOR THE TUSCA WILLA PHASE II IMPROVEMENT PROJECT, ADOPTING THE CAPITAL IMPROVEMENT AND MAINTENANCE ASSESSMENT ROLLS, AND APPROVING THE ADVERTISED PREPAYMENT RATES AS PER STAFF'S RECOMMENDATION." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Brief discussion ensued on Resolution 2004-12 which addresses public debate procedures. ,..... = II:- :lII r-l ea ES CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2005 PAGE 16 OF 33 PUBLIC HEARINGS 402. Office Of The City Manager Requesting The City Commission Hold A Public Hearing On The Adoption Of Resolution [Number] 2005-44, Electing To Use The Uniform Method Of Collecting Non-Ad Valorem Special Assessments Levied Within The Tuscawilla (Phase II) Assessment Area. Ms. Greco presented brief opening comments related to this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE ITEM '402'." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS 403. Office Of The City Attorney Requests The City Commission Consider And Approve Ordinance [Number] 2005- 31 On First Reading. Mayor Bush stated, "Motion to read by 'Title' only?" "SO MOVED." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. .:::a = K = :. ~ ~ CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2005 PAGE 170F33 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. With discussion, Commissioner Gilmore spoke of the permitted absences and suggested, "I would like to see us drop that down to about five (5). If you miss five (5) out of twelve (12),1 am not sure you are really interested in that Board, and we should make room for somebody else on there, so 1 would like to see us expand this beyond the quarterly's." Commissioner Krebs said, "Commissioner Gilmore you are right, I agree." Commissioner Krebs added, "I think five (5) is more than enough." Attorney Garganese commented, "I can change that before Second Reading." "I WOULD LIKE TO MAKE A MOTION THAT WE INCLUDE IN THIS ORDINANCE 2005-31, THAT IF A MEMBER OF A BOARD, MEETING TWELVE (12) OR LESS, AND MISSES FIVE (5) MEETINGS IN A YEAR, THEN HE WOULD BE ELIGIBLE TO BE REMOVED..." MOTION BY COMMISSIONER GILMORE. ATTORNEY GARGANESE ADDED, "...WOULD BE REMOVED AUTOMATICALLY." COMMISSIONER GILMORE ADDED, "MISS FIVE (5) MEETINGS IN ONE (1) YEAR, ON THE BOARDS THAT MEET MORE THAN QUARTERLY." COMMISSIONER KREBS ASKED FOR CLARIFICATION, "WOULD THAT INCLUDE COMMITTEES ALSO?" ATTORNEY GARGANESE STATED, "YES." SECONDED BY COMMISSIONER KREBS. DISCUSSION ENSUED ON FORMER DELIBERATIONS OF RELATED ISSUES. "IN DISCUSSING THE MOTION ON THE FLOOR, ATTORNEY GARGANESE EXPLAINED THAT I THINK THE MOTION WAS TO APPROVE AS WRITTEN, EXCEPT CHANGE THE CURRENT REQUIREMENT THAT REQUIRES AUTOMATIC REMOVAL ~ WHEN SEVEN (7) ABSENCES FROM ANY MEETING OCCURS WITHIN A TWELVE (12) MONTH PERIOD, CHANGE THAT TO FIVE (5)." VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: NAY COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: NAY COMMISSIONER GILMORE: AYE MOTION DID NOT CARRY. -=a ~ ~ ~ CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14,2005 PAGE 18 OF 33 "I WOULD LIKE TO MAKE A MOTION THAT WE MOVE THIS ITEM FORWARD TO THE NEXT REGULARLY SCHEDULED COMMISSION MEETING FOR AN ADOPTION HEARING, AND DIRECT THE CITY MANAGER TO BRING BACK TO US THE MINUTES AND ACTION NOTES THAT TOOK PLACE DURING THE DELIBERATIONS WHEN THE ORIGINAL ORDINANCE WAS PUT IN PLACE." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Bush called a Recess at 9:28 p.m. Mayor Bush called the Meeting back to order at 9:43 p.m. REGULAR AGENDA REGULAR 500. Office Of The City Manager Making The Commission Aware Of Citizen Request's To Utilize The Tuscawilla Lighting And Beautification Assessment District Authority To Repair And Improve Fences Along The East Side Of Tuscawilla Road Between Trotwood Boulevard And Winter Springs Boulevard, And To Determine If The Commission Desires To Take Any Action On The Matter. Discussion, "I WILL MAKE A MOTION THAT WE TAKE NO ACTION ON THIS." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. ,..... = IE:- ~ r-. ",. ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2005 PAGE 19 OF 33 REGULAR 501. Utility Department Presenting the Reclaimed Water Augmentation Study. Mr. Terry Zaudtke, P.E., Chief Operating Officer, CPH Engineers, Inc., 1117 East Robinson Street, Orlando, Florida: gave a presentation to the City Commission on this Agenda Item. Discussion. Deputy Mayor Blake spoke for the Record regarding a pipe. Discussion. Mr. Zaudtke added, "Since this is part of the overall Utility Plan, in other words, getting water, we could possibly look at the adjustment and usage of Impact Fees to be paying for Capital Improvements here, because it frees up water." Mr. Lockcuff said, "We better talk about that." Further discussion. Deputy Mayor Blake commented on Section 3.4 to which he stated, "Specifically, does that language coincide with Figure 4-1?" Mr. Zaudtke stated, "Yes, it does come out of the water supply work plan." Mr. Lockcuff suggested, "Would you be comfortable if we cut it on. . ." Deputy Mayor Blake said, ".. .DeLeon Street up and - up to where the City Limits currently are." Mr. Lockcuff then said, "That's fine." Deputy Mayor Blake added, "And change the text as well?" Mr. Zaudtke stated, "I don't see any problem with that." Commissioner McGinnis remarked, "I agree." Discussion. "I MOVE THAT WE APPROVE AND ADOPT THIS AUGMENTATION STUDY FOR - PERMITTING FOR - WITH BROAD SERVICE WATER FROM LAKE JESUP - WITH THE MAP CHANGES..." MR. ZAUDTKE ASKED, "...AND THE LANGUAGE CHANGE IN PARAGRAPH 3.4..." COMMISSIONER McGINNIS ADDED, "...RECOMMENDED CHANGES FROM OUR CONSULTANT." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. ,:::a ~ ~~:JII ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2005 PAGE 20 OF 33 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 502. Community Development Department Requesting Authorization To Enter Into A Contract Agreement With Winding Hollow Homeowners Association (HOA). For The Installation Of Upgraded Streetlighting Throughout The Subdivision. Mr. Richart presented this Agenda Item for discussion. Commissioner Krebs asked about the integrity of the Vote that was taken; and asked, "How do we know that it was held like we would have held a Straw Ballot - counted by people that we would have entrusted, etceteras." Mr. Gregory Pike, 810 Shallow Brook Avenue, Winter Springs, Florida: as the Homeowner's Association President, Mr. Pike spoke of the ballot process, and the results. With discussion, Commissioner Krebs then said to Mr. Pike, "I don't know anything about the Straw Ballot, I didn't see it go out; I don't know what it asked - I don't know that you can prove that it was mailed to everybody or that everybody had the chance. Were there two (2) things in it? Was it mailed together with the - what were the two (2) things you mailed out?" Mr. Pike responded, "The Board's ballot for all the Board Members, as well as that." Commissioner Krebs asked, "In the same envelope - together?" Mr. Pike replied, "Yes." Commissioner Krebs explained, "That is exactly what I would object to - that it was not sent as a separate issue." Discussion ensued on tax issues. Deputy Mayor Blake said, "I think there is some confusion in here, in terms of the taxes, how much gets paid. I read something in here - it talks about where we are taking out the Municipal Franchise Fee or Utility Tax because it is passed through, and comes back to us. That matters if we are paying for it, and it matters on the first - where we just raised it to..." Mr. Richart said, ".. .$11.55..." c:a ~ &- ]II r-. ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2005 PAGE 21 OF 33 Deputy Mayor Blake continued ".. .$11.55, whatever the number is - which by the way is wrong in the document here, and that is only because of timing and date - that would have to be updated as well. But the portion on top of that, over and above that number would still be billed, and would be part of it. In other words, the Municipal Utility Tax and the Franchise Fee on that portion that is above the $11.55, whatever you said it was- that would still be billed. It would have to be." Deputy Mayor Blake added, "I think there are a lot of unanswered questions here tonight, that don't make it too easy to go forward." Commissioner McGinnis stated, "I think there are a lot of HOA's (Homeowner's Associations) that are going to go this way, and we should have really laid that process out first - the payment schedule." Brief discussion ensued on mandatory Homeowner's Association's. "I MOVE THAT WE TABLE THIS FOR ONE (1) MEETING - OUR NEXT MEETING - POSTPONED." MAYOR BUSH ADDED, "POSTPONED TO THE NEXT MEETING?" COMMISSIONER McGINNIS SAID, "YES." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Further discussion followed on this Agenda Item. Commissioner Gilmore asked about this including street signage to which Mr. Richart stated, "It will probably come back with street signage in the future." "WE NEED TO EXTEND THE MEETING." MOTION BY COMMISSIONER MILLER. MAYOR BUSH STATED, "EXTENDING AN HOUR." SECONDED BY COMMISSIONER BLAKE." DISCUSSION. ,..... ~ ~~~ n. ". ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14,2005 PAGE 22 OF 33 VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 503. Office Of The City Manager In Accordance With Section 19 Of BID # L TB-009-05-RM Request For Bids For Solid Waste Collection Services The City Manager Requesting The City Commission To Award A Contract To Waste Pro Services To Provide Solid Waste Services To The City Of Winter Springs Subject To Successful Negotiations, And To Authorize The City Manager To Negotiate The Final Terms And Conditions Of An Agreement For Said Services. Manager McLemore introduced this Agenda Item. Commissioner McGinnis asked, "Is this still the same level of service?" Manager McLemore stated, "It's two (2) garbage collections, one (1) yard waste and generally trash - and then once a week recycling." Discussion then ensued on the cart system or roll-out devices. Regarding the Contract, Commissioner Gilmore said, "I would like to see it tied down somewhat about this special pick-up for things like fence panels, and - things you make a call for. I don't like them open-ended - the people in the City should be able to tell the homeowner, you call this number and they'll pick it up, and at least have some type of price on it, rather than just open-ended." Manager McLemore said, "Okay." Deputy Mayor Blake asked about replacement containers, and how soon you could get such. Discussion. Mayor Bush spoke of the "Price of gasoline and some kind of a fuel charge in there that can be adjusted if the price of gas goes down." "I MOVE THAT WE ALLOW THE CITY MANAGER TO CONTINUE NEGOTIATIONS WITH WASTE PRO SERVICES TO ARRIVE AT A BID THAT HE CAN BRING BEFORE US FOR APPROVAL." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. ~ ~ g~ ea ~ .........." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2005 PAGE 23 OF 33 WITH DISCUSSION ON THE LENGTH OF THE CONTRACT, DEPUTY MAYOR BLAKE SUGGESTED THAT "I WOULD LIKE TO SEE A LONGER ALTERNATIVE ALSO." ATTORNEY GARGANESE SPOKE FOR THE RECORD AND STATED, "WHAT THE COMMISSION IS DOING TONIGHT IS AWARDING THE CONTRACT TO WASTE PRO SERVICES AS THE LOWEST AND BEST BIDDER SUBJECT TO APPROVAL OF A WRITTEN CONTRACT BEING APPROVED BY THE CITY COMMISSION AT A SUBSEQUENT MEETING AND THAT THE CITY COMMISSION RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS OR - FURTHER GO ON TO THE NEXT LOWEST AND BEST BIDDER SHOULD YOU NOT ENTER INTO FINAL TERMS WITH WASTE-PRO." DEPUTY MAYOR BLAKE STATED, "I MAKE - THE ATTORNEY'S LANGUAGE - ACTUALLY AS A SUBSTITUTE MOTION." SUBSTITUTE MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. REGULAR 504. Information Services Department Wishes To Inform The Commission Of The Cost And Issues With Regard To Moving The City Operator To City Hall And To Obtain Further Direction From Commission On This Project. Mr. Joe Alcala, IT Coordinator/Security Administrator, Information Services Department addressed the City Commission. Discussion ensued on the position as an Operator versus a Receptionist. Commissioner Miller stated "Point of Clarification" and spoke of this position. Chief of Police Daniel J. Kerr spoke of the previous Operator position. e ~ ea ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2005 PAGE 24 OF 33 Commissioner Gilmore suggested that "Put it against the wall and you can drop all the data lines and telephone lines and power lines you want." Commissioner Gilmore added, "We got into this, putting them in the Lobby - that was not the ideal spot. That was not the spot that was recommended by the Consultant." Commissioner Krebs stated, "I agree with Commissioner Gilmore." "I WOULD LIKE TO MAKE A MOTION TO HIRE A CITY OPERATOR OR MOVE A CITY OPERATOR, DEPENDING ON HOW THE MANAGER WANTS TO HANDLE IT INTO CITY HALL - A TELEPHONE OPERATOR." MOTION BY COMMISSIONER KREBS. COMMISSIONER KREBS THEN ADDED, "I THINK HE COULD DO WHATEVER HE WANTS - IF SHE DOES SOME RECEPTIONIST WORK, THAT IS FINE. IF SHE DOES OTHER WORK THAT IS FINE, WHILE SHE IS ON THE PHONE." COMMISSIONER KREBS THEN SAID, "I WOULD LIKE TO MAKE A MOTION THAT WE GO AHEAD AND MOVE FORWARD WITH THIS." MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION ENSUED ON FUNDING. DEPUTY MAYOR BLAKE STATED, "I AM ASKING WHERE THE REVENUE IS GOING TO COME FROM." MANAGER McLEMORE SAID, "YOU WILL HAVE TO DECIDE IN A FUTURE YEAR, WHERE THAT REVENUE IS GOING TO COME FROM." COMMISSIONER McGINNIS STATED, "WE WILL." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: NAY COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Mayor Bush congratulated Attorney Garganese on his new daughter. Attorney Garganese commented that he had received an inquiry about 123 Kristi Ann Court and the previous direction of using the townhouse for housing Hurricane Katrina victims. With discussion on the status of the readiness of the townhouse, Commissioner McGinnis said, "This has been such a long time since then, we need to establish through the Red Cross if there is a need." Manager McLemore said, "Yes, we will." Commissioner McGinnis added, "Then if there isn't a need, go ahead and proceed with selling it." Manager McLemore remarked, "If there is not a need, we will bring it back." ~ = K: ~ r-. n. ~ CITY OF WrNTER SPRrNGS, FLORIDA MrNUTES CITY COMMISSION REGULAR MEETrNG - NOVEMBER 14, 2005 PAGE 25 OF 33 Deputy Mayor Blake noted, 'But in any event, we are selling that property, there was targeted market that the City invested towards in order to give somebody ownership opportunity, not for the next door value who might find investment value in it." Commissioner Krebs added, "Exactly." With further discussion, Attorney Garganese stated, "I will tell him 'No'." REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore spoke of "A request for funding assistance for the Early Learning Coalition." "I MOVE THAT WE REJECT THIS." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH SAID, "AND THE MANAGER WOULD RESPOND." SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Manager McLemore spoke on a Nursery Road issue and stated, "We can treat it as already approved by virtue of a prior decision or 'No,' it needs to come back to you for separate consideration." Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department commented further on this issue. Discussion. Deputy Mayor Blake asked about Code Enforcement issues. With discussion, Mayor Bush said, "The Consensus was this comes come back as an Agenda Item and I would assume he would pay the fee." "I WILL MAKE A MOTION THAT THIS ITEM BE BROUGHT BACK BEFORE US AS A NORMAL AGENDA ITEM SO THAT IT CAN RECEIVE THE SAME DUE PROCESS THAT EVERY OTHER DEVELOPMENT PROJECT RECEIVES." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. ~ ~ ~ ~ CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2005 PAGE 26 OF 33 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER GILMORE: NAY DEPUTYMAYORBLAKE: AYE MOTION CARRIED. Manager McLemore asked, "Is that also with the same charges - the five hundred dollars ($500.00) or do we waive that?" Manager McLemore then mentioned an employee family issue involving sick leave buy- back. "I WOULD LIKE TO MAKE A MOTION THAT THE CITY MANAGER IS AUTHORIZED TO BUY-BACK A HUNDRED PERCENT (100%) OF RON COX'S SICK LEAVE AT THIS POINT, AND IT CAN BE DONE ALL AT ONCE, IT CAN BE DONE ON AN AS-NEEDED BASIS AT WHATEVER LEVEL IS NECESSARY, AND DONE ONLY IN THIS PARTICULAR INSTANCE." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. DEPUTY MAYOR BLAKE THEN NOTED, "SO IF HE NEEDS ALL OF IT, GIVE IT ALL TO HIM, AND IF HE STILL NEEDS TIME OFF, I THINK THERE IS PROBABLY A WAY TO MAKE THAT HAPPEN AS WELL." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC No Report. "MOVE TO EXTEND." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH STATED, "SECOND." DISCUSSION. f! ~ ~ ~: i CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14,2005 PAGE 27 OF 33 VOTE: DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REPORTS 603. Commission Seat Four - Sally McGinnis Commissioner McGinnis said to Attorney Garganese, "Remember we brought up the issue of researching what is being done about vicious dogs?" Next, Commissioner McGinnis said to Manager McLemore, "I gave you information on the program from Longwood. Is there anyway that can get on our Agenda before the first of the year?" Manager McLemore responded, "Yes." Commissioner McGinnis spoke of Code Enforcement in the City's blighted areas and said, "I am suggesting that we have very aggressive intense Code Enforcement on every little thing we can find in our areas that are blighted, Lori Anne Lane - Fairfax Avenue, and just relentlessly offer citations. I would suggest perhaps a letter from the City to every Property Owner there - explain to them that we will be doing strict Code Enforcement. " Discussion ensued on whether there were actual areas of blight in the City. With discussion, Manager McLemore said, "We could do the enforcement without saying anything." Commissioner McGinnis stated, "I understand that very well - I am comfortable with that. In the meantime, if we could just begin to do some real serious..." Manager McLemore remarked, "... Yes." Next, Commissioner McGinnis suggested we look into buying the Winter Springs Golf Course. Discussion. Regarding a possible Feasibility Study, Commissioner McGinnis said to Manager McLemore, "Could we let the Bank know that we are doing a Feasibility Study?" Manager McLemore said, "Sure." "I MOVE THAT WE EMPOWER OUR CITY MANAGER TO FIND A CONSULTANT TO DO A FEASIBILITY STUDY ON PURCHASING WINTER SPRINGS GOLF COURSE." MOTION BY COMMISSIONER McGINNIS. ~ IL~" ~ i CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2005 PAGE 28 OF 33 COMMISSIONER McGINNIS NOTED, "I DON'T WANT IT TO GO TO A DEVELOPER TO DEVELOP HOUSING UNITS." MANAGER McLEMORE SAID, "LET ME COMMUNICATE THAT TO THE BANK AND SEE WHAT THEIR RESPONSE IS." COMMISSIONER McGINNIS SAID, "OKAY." Commissioner McGinnis stated, "I will withdraw my Motion. I would like to have Ron [McLemore] talk to the Banle" Manager McLemore stated, "I will talk with them again tomorrow, and see what the status is and relay to them your concerns." Mayor Bush asked, "Is the Commission in agreement with this." Commissioner McGinnis stated, "Yes." REPORTS 604. Commission Seat Five - Joanne M. Krebs Commissioner Krebs asked about a Photographer who attends events with the Mayor and City Commission. With brief discussion, Mayor Bush said, "At the Holiday Parade, the Orlando Philharmonic - the Orchestra Petting Zoo, I think we need to have pictures of those events for our Newsletter." Deputy Mayor Blake said, "At big events like that, there are individuals there from generally whichever department is putting it together already. Just need to make sure that one of them has a camera and takes some of those pictures as part of their duties." Commissioner Krebs added, "Right." Mayor Bush then said, "Maybe Mr. McLemore can arrange for that with his Department Heads." Mayor Bush then noted, "I think those photographs should be taken and - look to see if they will fit into the Newsletter." Furthermore, Mayor Bush said, "Hopefully - we can cover that with Staff. For instance, the dedication of the new Park. I know Chuck [Pula] took some pictures, or somebody did - I don't think I have seen them." Secondly, Commissioner Krebs then mentioned a recent "Mock DUI" and an event for those Volunteers. Thirdly, Commissioner Krebs remarked, "In the future, if during a Meeting, we call a Break or whatever, and there is a meeting behind closed doors and a Commissioner has the opportunity to speak with the Attorney or the City Manager and none of us can go back there because of Sunshine violation, but I would request the same opportunity to discuss whatever information is being discussed, so that I am on the same page and level as everybody else at the time we come back out to the dais." Commissioner McGinnis stated, "Here, here." -== ~ ~=-~ ~ i CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2005 PAGE 29 OF 33 REPORTS 605. Office Of The Mayor - John F. Bush Mayor Bush noted that "I am going to talk to the Manager about this - there are some issues that I think that come up - I am going to go to the Lee Constantine's - and the Manager has recommended a couple of items and one is of course the State Road 434, one is on Mitigation; and I am going to work with Staff and put together some questions - what I call 'Talking points' much like the League of Cities does, short paragraphs, not in depth, share them with all of you because I think you could use them too." Next, Mayor Bush remarked that "One of the things on our Meeting with Oviedo that - when Ron started the meeting, he said our top priority was the Home Rule issue, and obviously it is a top priority, but I don't recall the Commission set an Agenda or a priority." Mayor Bush then said, "I think when we meet again I would like for our Commission to sit down with Ron [McLemore] and we layout exactly what we think our priorities really are and then let the Oviedo people know this well in advance." Mayor Bush noted he attended Longwood's Swearing-In Ceremony - and spoke of Elected Officials in this country and other country's around the world. Next, Mayor Bush remarked, "I would like to make a recommendation naming a very short street. The road that goes into the Senior Center, which doesn't have a name and is probably actually a driveway, it's maybe not a City street. But as you know, John Ferring and his wife Pat who has passed away did a great deal for the Senior Center." Mayor Bush added, "I would like the Commission to consider naming that - driveway - 'Ferring's Way', something to that effect." Commissioner McGinnis suggested checking with Susie Coffman with the Senior Center, and said, "I would suggest we find out." Mayor Bush said, "I will talk to Susie [Coffman] about it." "I WILL MAKE A MOTION THAT WE NAME THE ENTRYW AY GOING INTO THER SENIOR CENTER 'FERRING WAY' - OR DIRECT STAFF TO DO THE APPROPRIATE 9-1-1 CHECKS OR WHATEVER HAS TO HAPPEN TO MAKE - SURE THAT THERE ISN'T A CONFLICTING ROAD NAME, AND TO DO SO WITH DUE HONOR TO MR. FERRING." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. ,::::a ~ R: ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14,2005 PAGE 30 OF 33 VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: NAY COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mayor Bush announced that "This Thursday, I am going to be giving a 'State of the City Address' - at the request of the Seminole Republican Executive Committee." Mayor Bush added, "I am also doing the same thing for the - Seminole County Chamber of Commerce. One of the things I would like the Commission to consider, is I would like to see Winter Springs join the Seminole Chamber of Commerce. I have talked to Diane Parker who is the Executive Director - they will place a satellite office in our Town Center. I have talked to - [George] Tullos - they will give the Chamber space, free of charge, in the Town Center and the Seminole Chamber has indicated that they will place a satellite office here, they will call it the Seminole Chamber/Winter Springs - and they will staff it." Furthermore, Mayor Bush remarked that the Seminole Chamber indicated they would plan events and hold them in the Town Center." Additionally, Mayor Bush explained, "I think the membership is eight hundred seventy-five dollars ($875.00). "I WOULD LIKE TO MAKE A MOTION THAT WE JOIN THE SEMINOLE CHAMBER OF COMMERCE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. DEPUTY MAYOR BLAKE ADDED, "AUTHORIZE THE EXPENDITURE OUT OF THE MAYOR'S PROMOTIONAL BUDGET?" COMMISSIONER KREBS SAID, "OKAY." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. ,:::a ~ == ~ ~ CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14,2005 PAGE 31 OF 33 REPORTS 606. Commission Seat One - Robert S. Miller Commissioner Miller said, "Two (2) months ago, I became aware of some wording that had been put into Homeowner's Association documents in Longwood, so I asked Staff to get it for me." Commissioner Miller added, "I would like it to be brought before the Commission, at least maybe as a general item on one of our future Meetings." Commissioner Miller explained that this information deals with levels of inspection and stated, "If there is a way to do this legally, I think we need to include it in all of our future Homeowner's Association's documents which were brought to us for approva1." Commissioner Miller then said, "I would like Ron [McLemore] to dig this stuff out again and bring it to us as an Information Item or something where we can take a look at it and decide whether or not we want to pursue this. I would be very much interested in pursuing it." Commissioner McGinnis suggested, "I would like an Opinion from our Attorney." Commissioner Miller added, "Yes." Commissioner Miller then spoke of Veteran's Day; read into the Record an article on Veteran's; and noted his surprise that City Hall was not closed for Veteran's Day. Deputy Mayor Blake said, "I think I would leave it up to the City Manager to bring to us, whenever he does the list of scheduled Holidays." Deputy Mayor Blake then said to Commissioner Miller, "I agree with you." Commissioner Miller added, "I think at least that this year and next year, maybe we should o~serve it." REPORTS 607. Commission Seat Two/Deputy Mayor - Michael S. Blake Deputy Mayor Blake asked about Staff for the East Rural Area Property Owner's Committee and suggested, "I would like the Commission to agree to offer to Oviedo to send Eloise [Sahlstrom] over - to the Oviedo Commission Meeting when they will put it on the Agenda to present to them what the Black Hammock Property Owner's group is about, and how it got formed; bring them up-to-date on what has been discussed so far and give them some insight as to where it is headed towards, where it is going in the future. " Furthermore, Deputy Mayor Blake spoke of a preliminary discussion on this with the Mayor of Oviedo and their City Manager; and said he had advised them that, "I will bring it up tonight, I will see if - our Commission will go along with it, and if you do, then what we will do is we will task Ron [McLemore] to make the call and talk to Gerry Seeber [City Manager] and set it up." Discussion. ~ ~ IL-~ r-~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14,2005 PAGE 32 OF 33 "THAT IS MY MOTION TO DIRECT THE CITY MANAGER TO CONTACT MR. SEEBER AND SET IT UP AT THEIR SCHEDULING CONVENIENCE." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REPORTS 608. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore spoke of Andrea Lorenzo-Luaces, City Clerk attending Conferences and stated, "She should have the right to decide what is necessary for her professionally, because I think we benefit in every respect from all of these primarily City Clerk functions she attends. I think she should have this Commission's trust to go as she feels fit and necessary and attend those things, and that this Commission should be paying for her full expenses, and not requiring her to make up the time - because this is really work." Commissioner McGinnis stated, "I agree." Commissioner Krebs also said, "I agree with you Commissioner Gilmore. I think Andrea [Lorenzo-Luaces] knows what her responsibilities and her duties are. We all trust her to know what those are." Manager McLemore stated, "She needs to be accountable to you for those things based on some program she gives to you for her time out." Commissioner Krebs then said, "To feel that she has to ask permission to do it and then make her time up I think is wrong." Manager McLemore stated, "I don't have a problem with that either. I think she is a Manager, and just like all the other Manager's she is going to have to put in enough work to get her job done. And, I don't ask the other Department heads to give me a detail on how they are going to do that. So I am in perfect agreement with you there." Furthermore, Manager McLemore said, "She just needs to let somebody know - what her plans are, when she is going, when she is gong to be back and that kind of thing." Commissioner Gilmore noted, "I think if she informs us by email, and you too, that she has this Conference - coming up and she would like to attend it and unless anybody has any objections, she plans to go - that is in itself adequate..." Manager McLemore said, "...Absolutely..." Commissioner Gilmore added, "...And we should be paying her full expenses, I mean every bit of it, mileage, meals, the hotel, whatever is necessary." Manager McLemore said, "I think we do that. ~ ~: i! CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2005 PAGE 33 OF 33 Commissioner Gilmore then noted, "I think it is her responsibility to - if it is worth going there, we're gaining something or should be gaining something out of it, therefore we should be paying the appropriate expenses accordingly and you should be submitting your expense account." Manager McLemore said, "I think she should be remunerated for her expenses." ADJOURNMENT Mayor Bush adjourned the Regular Meeting at approximately 1 :08 a.m. RESPECTFULLY SUBMITTED: ANDREA LORENZQ-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MAYOR NOTE: These Minutes were approved at the ,2005 Regular City Commission Meeting. ~ ~7 ~:..: ~ ~