HomeMy WebLinkAbout2010 06 14 Consent 205 Requesting Approval Of May 10, 2010 City Commission Regular Meeting Minutes CITY OF WINTER SPRINGS FLORIDA C="
0 ,14 "TEA? S
,
U v�
• Incorporated •
1959
• LORIOP
CITY COMMISSION
MINUTES
REGULAR MEETING
MONDAY, MAY 10, 2010 - 5:15 P.M.
CITY HALL — COMMISSION CHAMBERS
1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA
Mayor John F. Bush
Commissioner Jean Hovey - Seat One
Deputy Mayor Rick Brown - Seat Two
Commissioner Gary Bonner - Seat Three
Commissioner Sally McGinnis - Seat Four
Commissioner Joanne M. Krebs - Seat Five
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 2 OF 30
CALL TO ORDER
A
The Regular Meeting of Monday, May 10, 2010 of the City Commission was called to Order by Mayor John
Bush at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 43
Winter Springs, Florida 32708).
Roll Call: C:1.4
Mayor John F. Bush, present .c't
Deputy Mayor Rick Brown, present
Commissioner Jean Hovey, present
Commissioner Gary Bonner, present
Commissioner Sally McGinnis, absent
Commissioner Joanne M. Krebs, present
City Manager Kevin L. Smith, present
City Attorney Anthony A. Garganese, present
The Pledge of Allegiance followed a moment of silence.
❖❖ AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS WERE
DISCUSSED FIRST, AS NOTED. ❖ ❖
AWARDS AND PRESENTATIONS
Discussion followed on Leadership Seminole's Character Key Program. A video from Winter Springs High
School was shown to those present. Mayor Bush then presented Proclamations to Winter Springs High School in
recognition of their placing 2" in Leadership Seminole's Character Key Video Contest.
The recipients of the Proclamations were: students Mr. Richard Burnett, Mr. Brandon Caskey, Ms. Angelie
Denizard, Ms. Kathryn Halle, Ms. Zach High, Ms. Lauren Kopanski, Mr. Tyler Marino, Mr. Jason Manzo, Mr.
Bronte Rammal, and their Faculty Sponsor, Ms. Dawn Wilkerson.
❖❖ AGENDA NOTE: DURING DISCUSSION ON THE INFORMATIONAL AGENDA,
INFORMATIONAL AGENDA ITEM "101" (AS OTHER INFORMATIONAL AGENDA
ITEMS) WAS NOT DISCUSSED DURING THIS SECTION; HOWEVER, INFORMATIONAL
AGENDA ITEM "101" WAS DISCUSSED LATER IN THE MEETING, AS SHOWN ON PAGE
4 OF THESE MINUTES. ❖ ❖
INFORMATIONAL AGENDA
INFORMATIONAL
100. Community Development Department
REQUEST: Advising The City Commission Of The Status Of Various Current Planning Projects.
FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item.
COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The
Commission Agenda Are Necessary In Conjunction With This Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 3 OF 30
RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In
This Agenda Item.
irar41
No discussion. G
INFORMATIONAL
101. Land Design Innovations, Inc.
REQUEST: Land Design Innovations, Inc. (City Consultant) Is Presenting The Summary Report For
Economic Development Activities From March 12, 2010 Through April 23, 2010.
FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item.
COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The
Commission Agenda Are Necessary In Conjunction With This Agenda Item.
RECOMMENDATIONS: The City Commission Is Being Asked To Review And Accept The Information
In This Agenda Item.
There was no discussion on this Agenda Item at this particular time.
INFORMATIONAL
102. Office Of The City Manager And Finance Department
REQUEST: Transmitting The City's Fiscal Year 2010 2 " Quarter Financial Report.
FISCAL IMPACT: Revenues And Expenditures Are On Budget Through March 31, 2010. However,
Development Services And The Water And Sewer Funds Will Be Monitored Closely Through 3rd Quarter
To Determine If Corrective Actions Will Be Necessary In Fiscal Year 2010.
COMMUNICATION EFFORTS: Financial Statements Have Been Distributed To Directors, City
Manager, Mayor And Commission.
RECOMMENDATION: It Is Recommended That The City Commission Receive The Attached Financial
Report.
No discussion.
INFORMATIONAL
103. Office Of The City Manager And Finance Department
REQUEST: Providing The Investment Report For The Second Quarter FY (Fiscal Year) 2010 (Ending
March 31, 2010) As Prepared By PFM Asset Management LLC.
FISCAL IMPACT: The Weighted Average Yield At March 31, 2010 Is 0.65 %. The Weighted Average
Yield At December 31, 2009 Was 0.67 %.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 4 OF 30
COMMUNICATION EFFORTS: The Investment Report Will Be Posted To The Website Within A Week
Of Acceptance. Ira=
RECOMMENDATION: It Is Recommended That The City Commission Receive The Attached Investment C=
Report.
This Agenda Item was not discussed. f=1.4
"MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY DEPUTY MAYOR I
BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION.
VOTE:
DEPUTY MAYOR BROWN: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER BONNER: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
• • AGENDA NOTE: THE FOLLOWING DISCUSSION PERTAINED TO
INFORMATIONAL AGENDA ITEM "101 ", WHICH WAS HEARD NEXT AS
DOCUMENTED, IN ADDITION TO WHAT WAS PREVIOUSLY NOTED ON PAGE 2 OF
THESE MINUTES. • •
INFORMATIONAL AGENDA
INFORMATIONAL
101. Land Design Innovations, Inc.
REQUEST: Land Design Innovations, Inc. (City Consultant) Is Presenting The Summary Report For
Economic Development Activities From March 12, 2010 Through April 23, 2010.
FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item.
COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The
Commission Agenda Are Necessary In Conjunction With This Agenda Item.
RECOMMENDATIONS: The City Commission Is Being Asked To Review And Accept The Information
In This Agenda Item.
Mr. John M Jones, AICP, Senior Planner, Land Design Innovations, Inc., 1770 Fennel Street, Suite 200,
Maitland, Florida: displayed a PowerPoint presentation on economic development incentives and provider
information related to recruiting businesses.
Deputy Mayor Rick Brown asked Mr. Jones, "Businesses or developers in the area who want to take advantage of
these, who should they contact for a comprehensive list or assistance ?" Mr. Jones responded, "They can contact
me directly."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 5 OF 30
CONSENT AGENDA
CONSENT C
200. Office Of The City Clerk ��..��►►
REQUEST: Requesting The City Commission Approve The April 26, 2010 City Commission Regula><
Meeting Minutes. �y
FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item.
COMMUNICATION EFFORTS: These Minutes Have Been Distributed To The Mayor And Cit3P
Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets; Placed In
The Lobby Binder; And Are Available On The City's Website, LaserFiche, And The City's Server.
RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The April 26, 2010
City Commission Regular Meeting Minutes.
There was no discussion on this Agenda Item.
CONSENT
201. Parks And Recreation Department
REQUEST: Requesting The City Commission To Accept The Proposal (Bid) Of Creative Pyrotechnics,
LLC And Authorize The City Manager To Execute An Agreement With The Approved Proposal For A 15
Minute Fireworks Display On July 4, 2010.
FISCAL IMPACT: $10,000.00 Acct. # 7260 -54800 -90100 — July 4
COMMUNICATION EFFORTS: Staff Has Already Began And Will Continue Notifying The Public
Regarding The July 4, 2010 Event Through City Website, e- Citizen, Local Media, Etc. Staff Is Also
Aggressively Seeking Sponsors And Vendors.
RECOMMENDATIONS: Authorization Of The City Manager To Enter Into An Agreement With Creative
Pyrotechnics, LLC To Provide Fireworks For July 4, 2010, Celebration Of Freedom At A Cost Of
$10,000.00.
This Agenda Item was not discussed.
CONSENT
202. Community Development Department — Planning Division
REQUEST: Requests That The City Commission Adopt Resolution 2010 -17 Supporting The Legislative
Designation Of SeminoleWay.
FISCAL IMPACT: No Funding Required.
COMMUNICATION EFFORTS: Posted In City Hall And On City's Website.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 6 OF 30
COMMUNICATION EFFORTS: Posted In City Hall And On City's Website.
RECOMMENDATION: Staff Recommends That The City Commission Adopt Resolution 2010 -17
Supporting The Legislative Designation Of SeminoleWay As An Important Action And Opportunity For
The Planned And Intelligent Economic Growth And Development Of SeminoleWay And The Seminole
County Region. eamtl
No discussion.
CONSENT
203. Office Of The City Clerk
REQUEST: Requests That The Mayor And City Commission Review And Approve Resolution Number
2010 -21 Offering Their Appreciation And Gratitude For The Service Of Mr. Tom Waters As A Member
Of The Board Of Adjustment.
FISCAL IMPACT: There Is No Fiscal Impact If Resolution Number 2010 -21 Is Approved.
COMMUNICATION EFFORTS: Copies Or Access To This Agenda Item And Resolution Have Been
Provided To The Mayor And City Commission, City Manager, City Attorney, And Department Directors;
Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website,
Laserfiche, And The City's Server.
RECOMMENDATION: The City Clerk Is Requesting That The City Commission Review And Approve
Resolution Number 2010 -21. Upon Approval Of This Resolution, The City Clerk Will Then Contact Mr.
Waters Regarding An Official Presentation By The Mayor And City Commission.
There was no discussion on this Agenda Item.
CONSENT
204. Office Of The City Clerk
REQUEST: Requests That The Mayor And City Commission Review And Approve Resolution Number
2010 -22 Offering Their Appreciation And Gratitude For The Service Of Mr. Jack Taylor As A Member Of
The Board Of Adjustment.
FISCAL IMPACT: There Is No Fiscal Impact If Resolution Number 2010 -22 Is Approved.
COMMUNICATION EFFORTS: Copies Or Access To This Agenda Item And Resolution Have Been
Provided To The Mayor And City Commission, City Manager, City Attorney, And Department Directors;
Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website,
LaserFiche, And The City's Server.
RECOMMENDATION: The City Clerk Is Requesting That The City Commission Review And Approve
Resolution Number 2010 -22. Upon Approval Of This Resolution, The City Clerk Will Then Contact Mr.
Taylor Regarding An Official Presentation By The Mayor And City Commission.
No discussion.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 7 OF 30
CONSENT
205. Office Of The City Clerk
REQUEST: Requests That The Mayor And City Commission Review And Approve Resolution Number ��'� --.
2010 -23 Offering Their Appreciation And Gratitude For The Service Of Ms. Linda Collins As A Member
Of The Board Of Adjustment.
FISCAL IMPACT: There Is No Fiscal Impact If Resolution Number 2010 -23 Is Approved.
EFFORTS: Copies Or Access To This Agenda Item And Resolution Have Been
Provided To The Mayor And City Commission, City Manager, City Attorney, And Department Directors;
Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website,
LaserFiche, And The City's Server.
RECOMMENDATION: The City Clerk Is Requesting That The City Commission Review And Approve
Resolution Number 2010 -23. Upon Approval Of This Resolution, The City Clerk Will Then Contact Ms.
Collins Regarding An Official Presentation By The Mayor And City Commission.
There was no discussion on this Agenda Item.
CONSENT
206. Office Of The City Clerk
REQUEST: Requests That The Mayor And City Commission Review And Approve Resolution Number
2010 -24 Offering Their Appreciation And Gratitude For The Service Of Ms. Karen Paine - Malcolm As A
Member Of The Board Of Adjustment.
FISCAL IMPACT: There Is No Fiscal Impact If Resolution Number 2010 -24 Is Approved.
COMMUNICATION EFFORTS: Copies Or Access To This Agenda Item And Resolution Have Been
Provided To The Mayor And City Commission, City Manager, City Attorney, And Department Directors;
Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website,
LaserFiche, And The City's Server.
RECOMMENDATION: The City Clerk Is Requesting That The City Commission Review And Approve
Resolution Number 2010 -24. Upon Approval Of This Resolution, The City Clerk Will Then Contact Ms.
Paine - Malcolm Regarding An Official Presentation By The Mayor.And City Commission.
This Agenda Item was not discussed.
CONSENT
207. Office Of The City Clerk
REQUEST: Requests That The Mayor And City Commission Review And Approve Resolution Number
2010 -25 Offering Their Appreciation And Gratitude For The Service Of Mr. Howard Casman As A Recent
Member Of The Board Of Adjustment.
FISCAL IMPACT: There Is No Fiscal Impact If Resolution Number 2010 -25 Is Approved.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 8 OF 30
COMMUNICATION EFFORTS: Copies Or Access To This Agenda Item And Resolution Have Been �.
Provided To The Mayor And City Commission, City Manager, City Attorney, And Department Directors;
Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website, ' =•
LaserFiche, And The City's Server.
RECOMMENDATION: The City Clerk Is Requesting That The City Commission Review And Approve
Number 2010 -25. Upon Approval Of This Resolution, The City Clerk Will Then Contact Mr. j •
Casman Regarding An Official Presentation By The Mayor And City Commission.'
rte';
No discussion. .---�
CONSENT
208. Information Services Department
REQUEST: Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition
Sheets.
FISCAL IMPACT: There Is No Cost To Dispose Of These Surplus Assets. The City Receives Revenue
Generated From Items Sold At Auction.
COMMUNICATION EFFORTS: A Copy Of The List Of Items To Be Disposed Of Has Been Posted
On The City's Website Under Public Notices. Additionally, The Contact Information For The Vendor
Conducting The Auction Has Also Been Provided On The Website.
RECOMMENDATION: It Is Requested That The City Commission Approve The Disposition Of The
Attached List Of Surplus Assets.
There was no discussion on this Agenda Item.
"MOTION TO APPROVE" (CONSENT AGENDA). MOTION BY COMMISSIONER HOVEY.
SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION.
VOTE:
COMMISSIONER BONNER: AYE
COMMISSIONER KREBS: AYE
DEPUTY MAYOR BROWN: AYE
COMMISSIONER HOVEY: AYE
MOTION CARRIED.
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
300. Not Used.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 9 OF 30
REPORTS
REPORTS
400. Office Of The City Attorney — Anthony A. Garganese, Esquire
No Report. ak:.M,,.t
Nomni
REPORTS �--
401. Office Of The City Manager — Kevin L. Smith
City Manager Kevin L. Smith commented, "I wanted to advise the Commission and ask for any direction or input
that you may have — one of the things that you know we have been working on is increasing communications with
our citizenry. That is spelled out in our Strategic Plan as Approved by this Commission and Staff is always
looking for opportunities to do that better."
Manager Smith commented on the utilization of Podcasts to introduce Staff, City programs, and the benefits of
communicating to the citizens. Continuing, Manager Smith stated, "I have had some conversation with George
Colombo who actually has some expertise in this area and free of charge, he and I have been working with a few
Staff members on putting something together that I would like to roll -out in what I call a `Test Phase' at no cost to
the City, put it up on the Website, and see what kind of interest we get."
Furthermore, Manager Smith added, "We could certainly implement a program similar to our Newsletter where
anything goes to the Commission twenty -four (24) to forty -eight (48) hours before it's Posted; if that would be
your desire."
Mayor Bush asked the City Commission, "Everybody okay with this ?" Commissioner Gary Bonner replied, "I
like it." Deputy Mayor Brown remarked, "You bet." There were no objections.
Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department suggested that a Workshop
be held to discuss small irregular shaped lots in the Town Center. Mr. Stevenson stated, "Your direction was to
bring that back to you in a Workshop after we worked with Mr. (Paul) Partyka and some of the other Applicants."
Continuing, Mr. Stevenson added, "We are ready at this point to try to schedule a date for a Workshop for your
consideration of any potential Text Amendments that we might undertake relative to this item and I do know your
instructions to us were to bring it to you as a holistic effort rather than on a case -by -case, lot -by -lot basis and
that's what we're trying to do at this point in time."
Manager Smith asked, "Would the Commission be willing to look at your calendars now or would you like me to
ask the Clerk's Office to do a survey ?" Mayor Bush responded, "Why don't you ask the Clerk to contact each of
the Commissioners and find a suitable time." Manager Smith remarked, "Will do."
Lastly, Manager Smith commented on his schedule.
REPORTS
402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC
Deputy City Clerk Joan Brown said, "No Report."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 10 OF 30
REPORTS g=4
403. Office Of Commissioner Seat Two/Deputy Mayor — The Honorable Rick Brown
Deputy Mayor Brown noted his upcoming schedule. '=?
REPORTS
404. Office Of Commissioner Seat Three — The Honorable Gary Bonner
Commissioner Bonner mentioned that he attended the April 28 (2010) County meeting on the proposed Jetta
Point Park project, which was held at City Hall. Commission Bonner noted, "The Workshop happened to be
timed coincidentally to occur just prior to Planning and Zoning's (Board/Local Planning Agency) Hearing on the
same exact matter and I know that that was an unfortunate coincidence.
I stayed for the P &Z (Planning and Zoning Board[ /Local Planning Agency]) Meeting and then had a chance to
interact with some of the citizens and my suggestion for the future is that we make an effort that when there is
such a matter of a Workshop, that we try to make sure that we don't immediately follow a Workshop where we
receive a lot of feedback from our citizens, with a Hearing that addresses the exact same matter."
Lastly, Commissioner Bonner noted that he will be attending as a Vendor, the Florida City and County Managers
Conference, being held in Orlando.
REPORTS
405. Office Of Commissioner Seat Four — The Honorable Sally McGinnis
Absent.
REPORTS
406. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs
No Report.
REPORTS
407. Office Of The Mayor — The Honorable John F. Bush
Mayor Bush spoke of the Winter Springs High School Women's Softball Team which was eliminated from a
Tournament. Mayor Bush stated, "I did contact the school today and got the official word of what happened - and
I will have the Clerk give you a copy of this. I am still going to go ahead and write a letter if the Commission has
no objection..." Commissioner Krebs commented, "...Please do." No objections were voiced. Mayor Bush read
an excerpt of an email from Mr. Ted Jones from the Athletic Department at Winter Springs High School. Further
comments.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 11 OF 30
Regarding the proposed Jetta Point Park project, Mayor Bush stated, "I asked the Manager to put together some
information about where, what has happened up to this point with that and..." Manager Smith responded,
Staff has copies of that timeline Mayor with the current status. Anyone interested in getting a copy — Mr.d
Stevenson or someone with his Staff will have copies."
Mayor Bush added, "Jetta Point is a Park owned by Seminole County, not by the City of Winter Springs. So, we »-'u
have very little control over that Park, other than it is in the City." Mayor Bush added, "What you have passed'''!:
out — is also what is going to happen in the future, as well as what has already happened ?" Manager Smith said,
"Yes."
Commissioner Joanne M. Krebs suggested, "What we do quite often when there is a development is to have a
Developer's Agreement and so - that is always the possibility, but saying `No' probably isn't."
Deputy Mayor Brown commented on wanting to hear from all their citizens and added, "It did come before P &Z
(Planning and Zoning Board[/Local Planning Agency]) so we do get an opportunity to express either our
agreement or disagreement with what is going to come before us again, and I think based on what we hear tonight
and based on what we hear at future Meetings, we should consider that very carefully before Voting an
affirmative on what the P &Z (Planning and Zoning Board[/Local Planning Agency]) brings forward to us."
Commissioner Bonner also remarked about wanting to hear from the public.
With further discussion, Mayor Bush suggested, "You should also contact your County Commissioners because —
they make the decision in this case, and it takes three (3) of them to do anything. The Commissioner who
represents Winter Springs is Mike McLean - District 2. You can get his information off the County's Website.
The Chair of the County Commission is Bob Dallari who lives in Oviedo."
Lastly, Mayor Bush commented about his upcoming schedule and hoped Deputy Mayor Brown or other
Commissioners would attend any meetings that he is unable to.
REPORTS
408. Office Of Commissioner Seat One — The Honorable Jean Hovey
Commissioner Jean Hovey mentioned that she attended the last Council of Local Governments in Seminole
County (CALNO) Meeting and noted that there has been an increase of students attending Seminole State
College; and that the City of Sanford is considering having no Events next year. Commissioner Hovey then stated
that the City of Casselberry is planning four (4) musical Events; and that Seminole County has set aside thirty -
eight million dollars ($38,000,000.00) for the Light Rail that will pay for the four (4) stops in our County.
Next, Commissioner Hovey remarked that Commissioner McLean had suggested a drop in the Millage rate by
half a point for Seminole County without cutting services, and proposed taking money from their reserves.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 12 OF 30
❖❖ AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS PRESENTED Q
NEXT, AS DOCUMENTED. ••
REPORTS c=s,
REPORTS
407. Office Of The Mayor — The Honorable John F. Bush
Mayor Bush commented on requests for Proclamations, and that he had received "A request from one of our local
businesses, not the owner themselves, to do a Proclamation for their Sixth Anniversary. Well this business
happens to be Tijuana Flats; and because — Deputy Mayor Brown, being on the Commission, I just wanted to
make sure that the Commission has no problem with me doing this. And I would do it for any business that
asked." Mayor Bush asked, "Has anybody got any problem with this ?" Commissioner Hovey remarked, "No."
There were no objections noted.
PUBLIC INPUT
Dr. Tina Calderone, 3206 Tala Loop, Longwood, Florida: stated, "I am pleased to introduce myself tonight as a
Candidate for School Board District 5. I'm here to pledge my support for the City of Winter Springs in working
cooperatively with each and every one of you and the citizens here. I have been in this community for over
twenty (20) years; have been volunteering on numerous Boards and Directors since moving to Seminole County.
I love this area. I have been in business for over thirty (30) years, both at national corporations and small business
ownership and feel I have the talents to bring on to the School Board to hold harmless both our schools and our
students. I think we all know the reason we chose to come to Seminole County, is our great school system and I
want to hold that harmless.
I have a Doctorate in Educational Leadership. I served on the Foundation for Seminole County Public Schools
for over four (4) years where I raised over four million dollars ($4,000,000.00) for our classrooms. I love our
students, I love our Teachers, I love this community and I look forward to serving with each and every one of
you. Thank you."
Mr. Dominic Gabello, 5911 Edsall Road, Alexandria, Virginia: commented, "Mr. Mayor, Council Members —
Commission Members, and citizens of Winter Springs. I'm here today to talk about an issue in the Florida
Legislature. I am with the `Florida Coalition For Safe Highways' and the `Coalition Against Bigger Trucks' and
our organization opposes any increases in truck size or weight. We don't want to see them get bigger or longer
and there are a couple of reasons.
One (1), there is the safety of those trucks. If you're adding weight to a truck you have to stack it higher
vertically and that can help make it roll over a little easier but also, as that extra weight wears out the equipment
on the truck more, the tires, the brakes, and when those brakes get out of adjustment, causes them to have longer
stopping distances; but also, it damages our infrastructure; and there is a Bill in the Florida Legislature that passed
both Houses, that had an Amendment snuck into it at the last minute that increases truck weights in Florida on
non - Interstate roads so State and Local roads from 80(,000) to 88,000 pounds.
The Florida Department of Transportation conducted a study a couple of years ago that checked a couple of
different weights and 88,000 pounds was one of them and they estimated that it would cost State and Local
governments an additional hundred and fifty million dollars ($150,000,000.00) a year in the cost to infrastructure
that they would have to pick up if - truck weight increased.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 13 OF 30
On top of that, the people who are shipping, the people who want these heavier trucks will be making an
additional three hundred million dollars ($300,000,000.00) a year. Doesn't seem right to put the increases of
those bigger trucks on the back of taxpayers. So, I am here today to ask Members of the Commission and actually
everybody of the City of Winter Springs to call the Governor. House Bill 1271 is the Bill that seeks to raise truck
weights. It's in there, the Amendment is in there, that will raise it to 88,000 pounds. We're asking everybody to .
call the Governor and ask him to Veto and you can call his office at (850) 488 -7146 — call tomorrow and you'll
get his office and ask him to Veto House Bill 1271. If anybody has any questions, I'll be around after to talk to
you. Thank you." CM./
Mr. Brian Fields, P.E., City Engineer, Public Works Department commented on this issue. .�
Tape 1 /Side B
Mayor Bush asked Mr. Fields, "Do you see this doing damage to roads in Winter Springs ?" Mr. Fields replied,
"It could. Larger vehicle loads do damage our streets."
Commissioner Bonner spoke of the design of road improvements. Mr. Fields stated, "Our roads are designed to
current standards. Some of them are just resurfaced, not rebuilding the road from the bottom up. The roads that
are re -built are actually on Wade Street, State Road 419, those are the current standards. I don't know if they're
designed to handle the 88,000 pound load that this Bill would take it up to. That's something I would have to get
back to you on."
Mr. Kevin Cannon, 174 Nandina Terrace, Winter Springs, Florida: stated, "That's the Howell Creek subdivision.
I thank you for giving us an opportunity to address some things of tremendous concern to the members of our
community. The procedure today is very different than the procedure that was followed on April the 28 when
the City and County put this sign at the Trailhead — which I removed a few days later, was laying on its side as
trash, announcing an informational Meeting. And after we left the informational Meeting with Seminole County,
the Applicants and also some of the City Staff members, we were told P &Z (Planning and Zoning Board[ /Local
Planning Agency]) needs to meet. We walked out into that lobby and fifteen (15) minutes later, the P &Z Board
(Planning and Zoning Board[ /Local Planning Agency]) finaled and Approved the Site Plan.
I'm disappointed in the City. I'm disappointed, extremely disappointed in Seminole County and the reason why I
say that is I have an October 23, 2006 letter from the Manager of Seminole County to what was then Manager
McLemore for the City of Winter Springs in which he said on October 2 of 2006, they had one (1) informational
meeting. I am still trying to find out what citizens were at the informational meeting, but promising they would
have two (2) more information meetings to seek information and feedback from the residents of my community
before they would — as they went through the design phases. And Mr. Mayor and Members of the Commission, I
am embarrassed to say it was shameful. They Adopted Final Plans; they sat there and they told us very questions
- there were many of the residents there, `Yes, that's a very point you raise, we need to look into that'. Fifteen
(15) minutes later after they said, `Well, we got to go out into the lobby', they came before the P &Z Board
(Planning and Zoning Board[ /Local Planning Agency]) and they finaled the Site Plan and Engineering Approval.
With all due respect, shame on the City and especially shame on Seminole County. We elect people to represent
us. What was represented to us and in looking back at the paperwork, Mr. Mayor, was a Park. The preliminary
sales job done in 2006 was that this was going to be a neighborhood Park and suddenly, Seminole County decided
that they could use tourism tax development dollars and they decided that they could get, they could draw in
NCAA (National Collegiate Athletic Association) tournament teams traveling ball leagues and high school
leagues for the express purpose of bringing additional revenue into Seminole County. The idea is a nice idea.
The location stinks. It's next to an eagle's nest that Audubon has confirmed to me has been in place for twenty -
seven (27) years. It's adjacent within a half mile radius of nearly five hundred (500) homes; the tax base of which
is over one million dollars ($1,000,000.00) of property taxes for 2009. This is not the right location for this
project."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 14 OF 30
Mayor Bush commented, "Commission, I would like to give Mr. Cannon more time, is there any objection? An
same thing for the other citizens who are going to speak on this - it would be nice if you could keep it to three (3
minutes, but if you can't, be reasonable about it - because we want to hear what people have to say." .--
i
Mr. Cannon said, "Thank you Mr. Mayor, and I have been asked by my — I've been doing a lot of the homewor
and the legwork as I am sure you're aware to get some information. I'm late to the Meeting today because Ile
Seminole County looking at their public records. I left there at 5:20 p.m. and had to drive back. On May 12 o
2009, there was a Press Release done by Seminole County and UCF (University of Central Florida) Sports, irl.,t
which they announced and they characterized Jetta Point as a 'Jetta Point Softball Complex'.
Now, when I went back and looked through all the documentation going as far back as 2002, I never saw that
characterization given to that and I would encourage any of the Board Members to ask any of the citizens that
have lived in our community for about fifteen (15) years, to ask if they were ever told that it was going to be a
sports complex with a concession stand and two (2) cash registers with two hundred and fifty (250) person
bleachers, with eight (8) parking spaces designed for commercial tour buses in addition to the two hundred and
twenty (220) parking spaces.
When I went to Central Winds Park, the Sunday following this meeting and I counted the parking spaces at
Central Winds Park, I counted approximately, two hundred and thirty-five (235) including all of the grass spaces
for parking. So essentially, you're going to have the equivalent amount of vehicles actually, a higher density
when you look at these big tour buses on a park the footprint of which is probably one -fourth (1/4) of Central
Winds Park. This is wrong. This is not the right location. When I was in Seminole County, I made some
inquires and I don't know if you've got an overhead projector that could be used. Do you? I'd like to use it. You
know, the Applicant in this project is Seminole County Government. This is not Mr. and Mrs. Smith who
inherited an orange grove that's been in their family for fifty (50) years; they want to retire and this is the one (1)
piece of property that they have to sell.
Seminole County has parcels all over Seminole County that are better suited for this intensity of a sports complex.
This is the Soldier's Field Complex and I've seen documents that the parcel is in excess of a 145 acres - that
facility - there is a huge tract of land that Seminole County owns, and I see with interest that they already have
softball fields on this tract of land. I also see with interest when I look at Google Earth, that they don't have four
(4) and five (5), and six hundred thousand dollars ($600,000.00) homes in exclusive gated subdivisions right
behind these softball fields, a more suitable location and I was disappointed in our Planning and Zoning Board
( /Local Planning Agency) — would you flip to the next one please - when they made an inherent Finding that it
was a suitable location. Sylvan Lake Sports Complex is where Leisure Services Department for Seminole
County maintains its Administrative Offices and I just spent a few hours there. I'm looking at all of the additional
land here, that would be more than adequate to put four (4) of these tournament softball diamonds. But I also
noticed that this facility is hemmed in on three (3) sides by very exclusive subdivisions, very similar in nature and
value to ours.
I don't think their residents would stand for the noise, the lighting, and the inherent disruption that would come
from that type of an activity. I'm disappointed that Seminole County would try to cram through this type of a
large impact sports complex in the back yard of Winter Springs' residents when they wouldn't attempt to do it on
their own property. At the same time that they were getting State grant money for Jetta Point Park, they were also
getting State grant money for Soldier's Creek, I think it's called. Is that the name — yes, Soldier's Creek. They
were getting it at the same time. That's a more appropriate location. This is not about Seminole County and their
decisions tonight, this is about the City of Winter Springs, you, our Elected Officials and the Staff of the City of
Winter Springs, all of whom are paid by us taxpayers, protecting our property values, protecting the tax base and
most importantly, protecting the quality of life that we enjoy in Winter Springs.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 15 OF 30
When I left the meeting after the Public Hearing at the P &Z (Planning and Zoning Board[ /Local Planning
Agency]), one (1) of the Engineers said these are going to be NCAA (National Collegiate Athletic Association)
compliant ball fields and I walked out of there, scratching my head saying, `There's no college or university
nearby, what's going on ?' Well, I found the connection, and you know this Mayor Bush, I found the connection .-.._.
with Renee (Luers - )Gillispie, who's the Head Coach of the UCF (University of Central Florida) Woman's
Softball Team, who in 2009 received an Award from Seminole County as Tourism Ambassador of the Year, for
her efforts in helping to promote large scale Softball Tournaments in Seminole County. Let them continue those i
efforts, if they want to expand, if the facilities that they used in 2008, when they drew more than four thousand g:3•-1
(4,000) spectators to the Seminole County Complex. Let them do it there. wei=1
The name of our sister subdivision is called Eagle's Watch, for good reason. Because for over twenty -seven (27)
years there's been active eagles nest. In excess of fifty (50), perhaps as many as a hundred (100) times in the last
year, my son and I, other Scouts, I'm a Scout Leader - neighbors, neighborhood children and other Seminole
County residents have gone to see the eagles. Bald eagles last year, I personally witnessed a pair of nesting bald
eagles, two (2) fledglings that hatched out last year and two (2) additional mature eagles, I saw six (6) eagles in
one day, and I want to show you where these photos were taken by me. They were taken, right here, right where
this plan proposes to dig out and put these retention ponds. In the same pines, that right now, I almost guarantee
tonight, as it draws near dusk, I can bring anyone of you out there and right in this vicinity, you will find those
eagles that are nesting. No, excuse me, right here, right here. You see the retention pond where the three (3) way
triangle is?
Right in here, is where I have taken those photos and hundreds of other photos of the eagles, which is where there
are presently about eighty -five (85) to a 110' pines. They are going to dig the pines out and make retention ponds
for all the water for the 520 parking spaces and for the Astro Turf, yes, that's another thing. I have seen budgets
for as much as two point two million dollars ($2,200,000.00) for Astro Turf. I've been to a lot - of community
parks, my son has son has played sports, I have never seen 250 person bleachers and I've never seen Astro Turf.
If any of have, please come up and tell me where, I'll go get pictures of it. But, I've never seen it and I dare say
none of you as Commissioners or you Mr. Mayor have ever seen it. It is a wantable thing for Seminole County to
want to increase their tourism tax base and I have no qualms with that whatsoever. In the project, in terms of the
contents of it and trying to promote a tournament facility, I have no qualms with that.
What I object to and the many, many citizens of my communities that I've talked with in the last week object to
nice project, wrong location. It is just the wrong location. And in a case like this, where you've got Seminole
County as the property owner, that right now has other parcels of property that are certainly have point forty -five
(0.45) or less acres, that would be suitable for that type of a park, that's where it belongs. I would dare say in a
perfect world, that Seminole and Orange County should joint venture with UCF (University of Central Florida)
on some of the abundant acreage that is still is undeveloped and what a beautiful thing it would be to have a
college tournament facility right in close proximity to UCF (University of Central Florida).
I think that would be a wonderful thing, I really do and I would hope that Seminole and Orange could work
somehow in a joint venture with UCF (University of Central Florida) to make that happen. Because when we join
teams, they may come into Seminole County to play this day, but of course they are going to go to Orange County
to - the theme parks and so forth. We expect more from the City of Winter Springs. I know that there has been
from the timeline, there's been a big gap, but in the documents I received today, which I haven't yet been able to
print, they were given to me on a disc; I'm looking at the conceptual plans in the early conceptual sort of
presentations that were given and they look nothing like this project. I've gone online and I have found `Florida
Forever' dollars through the State of Florida for environmentally sensitive projects and it appears to me that
Seminole County has collected hundreds of thousands of dollars from the State under these programs and I'm
confident that at the time they applied for those programs and more importantly at the time this project, Jetta Point
was ranked out competitively against many other projects around the State, it would not have fallen in the ranking
that it received, had the State envisioned Astro Turf and this type of a project.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 16 OF 30
I'm confident that that was not what was intended. Unlike many other instances, these beautiful residential
subdivisions have been there for many years. They were before this park was ever proposed. And probably the
best and the final argument I am going to say in opposition to this park is that until this Board was asked to do a
special pigeon hole amendment to it's own land development regulations to permit this type of a government park
in the commercial zoning district and until this Board had to change their own Zoning Ordinance to make
this round peg fit into square hole or a square peg into a round hole. It was never even a Permitted Use to begin '_
with. And I would just say that my experience has been when you start sort of monkeying with that and trying to
do little spots and plug in little exceptions and sweetheart deals, nine times out of ten it comes back to haunt you.
The tax and revenue base for this City would be greater, the probability of future expansion in that economic "
corridor that you're trying to promote there as part of that PUD (Planned Unit Development) would far better
served without a commercial sports complex going in there. For the life of me, when I drive around Heathrow
and other facilities, I do not see a mega softball sports complex in or around or promoting a Heathrow type of
professional office environment. The type of buildings that would generate, sustain revenue, I am told of at least
three- quarters of a million dollars ($750,000.00) just for this parcel of land alone.
So, I'm requesting that the Board strongly, strongly deny this and ask Seminole County to go someplace else.
And if you look at the October 23' 2006 letter from the Seminole County Chairman, to the Chairman of — or
excuse me - from the Seminole County Manager, to Manager McLemore from Winter Springs, they put right in
there that if they don't get their four (4) softball fields and the overhead lighting, and the four (4) multi -use fields,
that they would withdraw their Application, and they'll go someplace else. So, they've kept the door open, please
do the right thing for the citizens of Winter Springs and reject this Plan. It's gone too far as it is."
Mr. Jay Clay, 144 Peregrine Court, Winter Springs, Florida: commented, "This is one of those `NIMBY' things,
Not In My Back Yard'. You - probably didn't notice it on that picture that Mr. Cannon had up there, but that
trail that leaves from the ball parks over to the Cross Seminole Trail, is to my back yard. When all the time they
talked about this, they said, `We're not going to impact on any previous agreements'. One of the previous
agreements we had is that those trails were not going to be used after dark, after dusk, but they have this very nice
trail coming over there. Problem, I've got the Trailhead, when the trail goes up and intersects with (State Road)
434, is also the entry way to all these 500 parking spots they're supposed to be using for the ball fields.
And, I have a feeling that people are going to find it easier to use the Trailhead, come down (Cross) Seminole
Trail go in through that very nice walkway that they've planned to put in there for what reason; I have no idea, if
it wasn't designed to make it easier to get back and forth from that extra parking area. I was talking to the people
at the meeting on the 28 and I just asked simple questions. I said, `What's that for ?' `Oh, we thought you'd like
to have that.' Did anybody raise their hand and say, `I'd like to have that ?' I don't think so. And the problem
I've always got is when you allow somebody to do something that's a little bit out of the ordinary, other people
are going to come along behind it and start making that footprint bigger and bigger. So, I would — I would, if
there is some way to deny their Application for an Amendment to the Comprehensive Plan, and you have that
power, I would encourage you to do that. Thank you very much."
Mr. Tom Koza, 121 Goshawk Terrace, Winter Springs, Florida: stated, "Jay (Clay) is a neighbor of mine and my
wife Carol and I have been a member of — or a resident of Winter Springs for the last thirteen (13) years and we
love the community; and one of the biggest things that we really were attracted with it was the fact of the eagles
as was presented earlier. And it's only been recently that they've come back after the 2004 hurricanes that came
through; and the City ended up using that property for the devastation of a lot of the trees, of which I
unfortunately had a couple of trees on our house because we do have - the woods behind us. So, it's a beautiful,
quiet community.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 17 OF 30
But what's been presented and so far accepted, I find it absolutely outrageous, just outrageous. You're
responsible for that and I am kind of ticked off. So, I'm not going to say much more, other than the fact that it's
going to impact us, our tax base, our home values, and down the road, our taxes, too. And, I hope you guys
reconsider it, even if the County wants — you know, it's interesting too, is with the eagles and the fact that the
State protects them. We couldn't even build our house for a certain period of time because of the nesting of the
eagles. Today, we're going to keep them up till ten o'clock. Are you going to be moving them - the eagles later,
kids, or whatever? This is bologna." 11=3.41
Mr. Bill Tillmann, 119 Goshawk Terrace, Winter Springs, Florida: said, "Thank you Mr. Mayor, Commissioners.
Going to implore you to represent us well in this matter. I can see from the nods, in response to the outstanding
presentation, that my neighbor, Mr. Cannon presented this evening, that all of you have empathy for our situation.
I'm going to have to highly encourage you to use the talents, the skills that you have to bring about a cease and
desist to this project. You've heard Mr. Cannon already, very clearly articulate other ways to bring about a good
result in this matter that would satisfy Seminole County's desires to have this project move forward and to not
impact your citizens.
My wife and I have lived there four (4) years in Eagle's Watch. We tell all of our friends all the time what a
magnificent community it is and it is and I congratulate you on the development of that project. But, if you allow
this project to move forward, you're already hearing what might come about as a result of that. All of the
disturbances, all of the lighting, the additional police presence that will be required in our perfectly sedate
community that all of us enjoy here. We don't want to lose that opportunity to continue to be able to tell all our
friends about how wonderful it is to live in Winter Springs, particularly in Tuscawilla; and so, would you please,
please do all within your power to bring about an end to this. Thank you very much."
Mr. Donald Parker, 203 Nandina Terrace, Winter Springs, Florida: stated, "Mr. Mayor, City Commissioners,
thanks for taking the time to listen to my concerns — in the Howell Creek Reserve subdivision and I have written
recently, an email to all of you; so I really don't want to sit up here and re -hash it other than to reiterate, I hope
you take my concern seriously. And I also sat here concerned earlier when you said that you don't think there is
much you can do about it; and I think you're grossly under - estimating your abilities as Elected Officials. You
have a lot more power than you think you do in negotiations with Seminole County. They need your input on
many projects that you do on a regular basis.
They need your support on lots of things and partnerships. There is so much blighted space in Seminole County
that would be ideal locations for this from a revitalization standpoint. We have a golf course in Winter Springs
down the street here that's blighted, that's just sitting, being overgrown. The front half of that is right along
(State Road) 434. I looked down (US Highway) 17 -92 and look at other locations that are completely blighted.
Run -down shopping centers that have virtually no tenants that could easily be renovated to accommodate these
properties.
As Elected Officials, you yourselves should sit there and say, `You know what, this just isn't right. It's just not
fair to the citizens who live in these really nice communities'. It's going to destroy the property values of our
homes. Are all of you going to be happy with the reduction in tax revenue, because all of a sudden our properties
are worth a third less? I don't think so. I know I'm not going to be happy with that.
My daughter played club sports for years. I traveled all over the southeast United States attending her
tournaments. The one thing that I always learned was when you sit there and plan for attendance, multiply it by
five (5). It's never what you anticipate. If they're going to put 500 parking spaces there, I flat guarantee you,
they'll need 4,000. I looked at his Land Use map, which I also got online. You think that parking will be limited
there? People will be parking along Vistawilla Boulevard, in the grass, they will destroy the landscape. They will
park in neighborhoods of Chelsea Woods and walk down the trail. They will park anywhere they can in close
proximity and they will do destruction and damage to all of the landscaping of the people's yards.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 18 OF 30
It will be a burden on our Police force. It will be burden on our Emergency Services. All of our Police will be
required to direct traffic. All of our Police force will be required to be called into neighborhoods with people
complaining constantly, `There's a car in my yard. Would you please come ticket this ?' Would you please come r_.
tow it ?' It's a ridiculous concept to even consider this at this location. Thank you for your time." "'--
Mr. William Maish, 144 Nandina Terrace, Winter Springs, Florida: stated, "And I appreciate you letting me
speak. As it's been said before, this is just the wrong place. It's not big enough for it, what's proposed. It's
going to affect property values, not just mine, but a lot of people; a lot of neighborhoods and it's going to tax the g=1.
resources. But you know, when I came here from Chicago, I had a few criteria that I used when I picked the +G'l
house - a beautiful neighborhood with a trail and wildlife close by, and good access to roads. We're going to lose
the beautiful neighborhood. We're going to lose the eagles and it's just not sustainable. We can't handle a Park
with PA (Public Address) systems running till ten o'clock at night and the lights on and all the use that's going to
be on that land. There are other places that are better. Thank you for considering it."
Ms. Rebecca Maish, 144 Nandina Terrace, Winter Springs, Florida: commented, "And thank you for being
willing to listen to us this evening. One of the things that we're talking about is the density of the activities that
are going to be happening. And, we've lived at our location at 144, which backs up against the conservation land
and then on the other side of that, after we moved in, the apartment buildings were built back there. We don't
hear much from them, but I will say that it has impacted the wildlife that we use to see. In the area, in the last
over ten (10) years that we've lived there, we've seen the eagles of course. There are hawks, turtles, even
tortoises and before the apartments were built, we had a female fox and her kits that we saw once in our backyard.
After the apartments were built back there, we haven't seen anything like a fox there and that was probably eight
(8) years ago now. So, I know that humans and the density of human activity does interfere with wildlife activity.
And that is one of the reasons that we chose to live where we live is wildlife nearby; the trail nearby, which is
only used daylight hours and it is also - because it is limited access to it, a place that I feel safe walking with my
dog or a friend or whatever. I can tell you that I would not feel safe with having that amount of people having
access to that trail. And, it would make my quality of life go down and able to use the neighborhood amenities
that we have available to us now. Thank you and I do hope that you'll consider finding another way to have this
not built on that location."
Mr. Terry Even, 106 Marsh Creek Cove, Winter Springs, Florida: stated, "And I thank you for the time to
address this issue with Jetta Point Park — and I am the current Vice President for the HOA (Homeowner's
Association) of both Howell Creek Reserve and Eagle's Watch. I am here representing both of those
communities. We have heard from a large number of our members, residents, excuse me, as you have well heard,
all opposing the Park and I'm here to represent them on that. We strongly believe that a Park of this magnitude is
a good idea, but it's the wrong location. I can go into a lot of details, but they've all been covered already, so
there is no sense in doing that. So, I'd like to conclude with an opposition to the Park. Thank you for your time."
Mr. Jon Bean, 142 Peregrine Court, Winter Springs, Florida: remarked, "One thing I haven't heard addressed at
all tonight is the flow of excess water, rain water. We did hear at the informational meeting two (2) weeks ago
that there would be no more water go into our back yards than what already does. But what already goes into our
back yards is excessive. During Hurricane or Tropical Storm Fay, I had water about a foot and a half (1W) deep
that I was able to divert around the side of my house so it didn't come through the sliders. But the two (2) ditches
that are there now, one (1) on either side of the Trail, the Trailhead going out to the parking lot, are insufficient to
carry the water away. When you add all the asphalt and now Astro Turf, I hadn't heard that before, I'm really
concerned that they don't have the calculations to be able to understand how much water really comes off that.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 19 OF 30
If you look at a topographical map, it goes downhill from (State Road) 417 all the way down to the creek.
Whenever we have severe rains, two (2) weeks ago we had an inch and a half (1 '/2 ") of rain, the water perked
through our lot for three (3) days with an inch and a half (1 1/2") of rain. You can imagine what happens when we
have hurricanes and tropical storms. So, from a water standpoint, I am really concerned that they don't have a 5
clue as to how much water is really already coming off that property; and something needs to be done to make
sure that our houses aren't flooded every time it rains. rya
And the last thing I would like to mention is that we need to make sure from a PA (Public Address) system, if this
goes through, that those speakers are aimed away from the houses totally. I mean, we're going to get a spillage of
the noise we hear cause the wind blows from the east, so we get the traffic noise off of — (State Road) 419 all the
time. Add to that — (State Road) 417, add to that, the noise from the announcements and all that kind of stuff, it's
not going to be a great thing. So, if we can have those speakers, if we've got to have the Park, let's have them
focus down or back to the east so that at least they'll be going against the wind. Thank you very much."
Mr. Paul Huston, 170 Nandina Terrace, Winter Springs, Florida: commented, "I have noticed in the history and
current status of Jetta Point Park, the item dated 5 -3 Application for a Large -Scale Comprehensive Plan
Amendment received from Seminole County. It sounds to me that they are still questing after permission to do
this plan, to complete this project. One, just one comment and I know Mr. Brown appreciates where I may be
coming from on this subject because he has a sign in his front yard, about Amendment 4. If Amendment 4 were
in effect today, my interpretation is that this would have to a Referendum. That the citizens of Winter Springs
would have to Vote on it because it is in fact a change to the Comprehensive Plan, am I correct or incorrect ?"
Mayor Bush stated, "Correct."
Mr. Huston continued, "So, this could be quite a campaign coup for the pro - Amendment 4 people, my point of
view. But, I concur with everything else that's been said tonight. It's just this ill -conceived, very little foresight
as the consequences of — as to the consequences of what this project will be as an impact on the neighborhoods,
ours and Oviedo. Thank you."
Ms. Pam Carroll, 865 Dyson Drive, Winter Springs, Florida: remarked, "I'm speaking as a citizen, not as the
President of the THOA (Tuscawilla Homeowner's Association). I've received some emails and concerns and
spoken on the phone and I admit I haven't paid as detailed enough attention to Jetta Park and how close it was to
these neighborhoods. Having recently become more aware and not aware enough, it bothers me as a citizen that
our City of Winter Springs' Police Department would have to police the activities at a Park if we were to go there;
a fight breaks out, Winter Springs Police Department has to respond.
Our tax dollars are used to pay for the Police support and their salaries and equipment with no reimbursement
from the County and yet the County's reaping the rewards of the tax. They don't pay us taxes. It also bothers me
that the City is looking at this in a different way.. They're not being consistent with their own policies of parks in
our area. The Sam Smith Park and Trotwood are only daytime use and I see this is going to go at ten o'clock at
night, loud speakers, lights, traffic, voices, `Hey, good night. It was a great game', etc.
So, to see our City not be consistent after we know the battles we've had with late night or too late or headlights
trying to maintain soccer games at Trotwood Park a little bit later, a little bit later, soccer balls coming over a
fence. And it bothers me and I think you know, that I love nature, I have foxes still in my back yard. I have owls,
I have eagles, but to see eagles disrupted would really be a shame. The impact on our residents seems negative,
negative, negative and I behoove this Commission to go back to the County and say, `This is not the right
location'. Thank you."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 20 OF 30
Mr. Josh Peterson, 651 Saranac Drive, Winter Springs, Florida: stated he lived in the community of "Chelsea
Woods, so I am glad to speak because I don't think we've had anyone here from our neighborhood yet - to
introduce myself, I'm a licensed Professional Engineer; so I am not going to speak very well, being an Engineer.
And I don't know how this is done, but I'm going to try to ask, if it's alright, I would like to ask some questions
after we're done or after I present my comments. C=6
I moved here from Sanford about a year ago, so I'm a recent resident. And the reason I moved here was because I
have two (2) young children, two (2) and four (4); so, I've been very pleased and I wanted to thank you for
everything you've done here in the City along the lines of parks. The park facilities are excellent and when I
heard there was going to be a new Park up at Jetta Point Park, I thought `Great, I'll take my kids to the Park, it
will be wonderful'. But I think what you are hearing today and I really would like to thank Mr. Cannon for doing
all the research and legwork that he's done, is that we had a bait and switch basically from Seminole County and I
think that's become very apparent that not only new residents, but older residents were not informed of what kind
of Land Use this was going to be. So, you know it's not the right place.
Eighty foot (80') high lights, sound, noise coming from a big softball, athletic field. I live right back - I back up to
(State Road) 417 and my neighbors are very upset about (State Road) 417 because it was built after the
neighborhood. But, the noise that comes from that is nothing that compared to the Oviedo High School football
games, alright. So, we're talking about putting a big athletic field much, much closer than the Oviedo High
School is to the neighborhoods. That's going to be you know a much greater amount of noise. So, I'm not going
to retread all those points.
I guess what I would like to do is — one (1) other thing I wanted to mention is, like I said, I'm the only one here
from my neighborhood that I know of, but I speak for at least ten (10) other houses that I know couldn't make it
tonight. And, I think, just from looking around, you know this is a small percentage of the people that are going
to be upset if this goes through. It's going to be firestorm. So, given, that I can see you nodding your heads, I
feel like you are sort of realizing this is a bad idea, or at least that the public here feels that way, so I'd like to
know what is possible to be done. You started the Meeting by saying we can't do anything. So what, where do
we go from here ?"
Mayor Bush replied, "I don't think that we can answer that question right now. I think the Manager is going to
have to do some research on this - my attitude is I think the Commission understands where everybody is coming
from. I don't think they doubt about that. But, what can we do about, I don't know and I don't think any of the
Commissioners know either at this point. And I think Kevin (Smith), our Manager and our Attorney are going to
have to look at this and see what can be done. What you can do, all of you is go to the County Commission, just
like you came here. Because you convince three (3) of those people up there not to do it, and it's dead. You
don't have to worry — I don't know what we can do, but I know if you can convince three (3) County
Commissioners, that Park will never go there because it takes three (3) of them to do anything. But, you've got to
show up there, just like you did here."
Further comments.
Mr. Sam Johnson, 679 Vistawilla Drive, Winter Springs, Florida: responded, "I would like to concur with
everything that has been said tonight. I strongly oppose this action and implore you please, whatever you can do
politically, legally to stop this, I am requesting that you do so. One issue that has not been addressed tonight and
is a very concern to me is the infrastructure to support this kind of a project, particularly, the sewer. Where is this
sewage going to go? Already you have communities on a sewer line that goes down Vistawilla Drive, they're on
that line, that line was not designed to carry those neighborhoods that are already on there.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 21 OF 30
I mean when Vistawilla Drive used to dead -end at the railroad, that's what that sewer line was designed to carry.
Now that you've opened that up, added those neighborhoods, a shopping center, a gas station, office building, it's
my understanding that all of these ... �——�
Tape 2 /Side A
... residences and businesses still go on this line that was designed for much, much less. I've talk to the City,
they've told me, that `Yes, you need a force main'.
I've had some personal problems with the City cause it's caused me a problem and some of my other neighbors, a
sewage problem and they say they can't do a force main for another eighteen (18) months - cause that's when it's
budgeted for. You know - how can you allow this to happen and just over tax on infrastructure - with the Sewage,
Water, Police, Fire and Rescue, the additional wear and tear on our roads, it's not right. So please, do whatever,
what's in your power to stop this project. Thank you."
Mr. Greg Smith, 669 Saranac Drive, Winter Springs, Florida: commented, "Thank you very much for this
opportunity to go ahead and speak tonight. Just a few points to reiterate. I think number one (1) is basically you
all do have the power to go and oppose this Park here. I think you've heard enough from the citizens today to go
ahead and recognize that and do whatever you can and I think the County will take — recognize that also as a sign
that they need to look elsewhere.
Number two (2) is I would go ahead - and I've been at my residence for over twenty -two (22) years now. And
every November, I've had the pleasure of having the eagles come back. What's really overlooked by the Site
Plan is that from a permitting standpoint, the closest that any type of development can be from those eagles nest is
330 feet. The site plan actually shows that it would be roughly about a 150 feet. So, if they were actually going
to go ahead and recognize those off -sets, they could actually go ahead and lose anywhere from one (1) to two (2)
ball fields out there and I don't think that's been taken into account.
Also, I want to emphasize that, can you imagine what it would be like to have eighty foot (80') light towers in
your back yard? Just imagine that. During the day time, there is quite a bit of road traffic. Okay, so we don't
hear that, but at night, it actually gets fairly dark and it gets very quiet. So, I would like to invite every one of you
all to come to my house and imagine what it would be like when they have lights and screaming patrons and loud
speakers going on and imagine what that would do to your property values. Keep that in mind. It's not a good
place. I had the pleasure of attending the October 2006 meeting. At that time, there was mention about
subsequent meetings coming in place with more details. We never saw those meetings.
And one thing that Randy Morris mentioned at that meeting was that, `If the citizens didn't want the park there,
they would go ahead and sell it for development'. To me that would be a win/win situation if it has to go that far.
Basically, the County and the City get a tax base, we don't have the noise at night. Okay. We get a manageable
situation. And, that's what I think we ought do is go ahead, have the county swap it, go ahead and sell the
property, improve our tax base. In today's economic times, it doesn't make sense to have more non - taxable land
on our rolls. Okay? Anyway, thank you for your time, I appreciate it very much."
Mr. Chip Kaminski, 107 Golden Crest Court, Winter Springs, Florida: stated, "I've lived in Winter Springs my
whole life. I'm twenty -nine (29) years old. I was born in the Highlands as you know Mrs. Hovey, I was born in
the Highlands, I grew up in the Ranchlands and I bought my home in Eagles Watch. Okay, and one of the reasons
why I bought my home was because of this Park and because of that trail. It's upsetting to me to find out that
down the road, after we've gone through this process, this is morphed into a ball field, a complex, a sports
complex.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 22 OF 30
This is not a Park. We can't take - I'm hoping to have children with my fiance in the future and I would be upset
to say that we can go right around the corner to the Park that was supposed to be there and watch a NCAA
(National Collegiate Athletic Association) softball game. Not that I have anything wrong with a NCAA
(National Collegiate Athletic Association) softball game, I just think that if this going to be proposed to be used
by UCF (University of Central Florida) and NCAA (National Collegiate Athletic Association) teams, why doesn't 4 =1
UCF (University of Central Florida) contribute to this? Why isn't it closer to UCF (University of Central
Florida)? Why isn't it in a place where people can stay overnight if they're going to be coming from out of town? �•y
Okay? C:L,i
avez
Seminole County already has a softball complex, it's called `Seminole County Softball Complex' and it's located
in Altamonte (Springs), close to commercial venues, close to overnight staying, stuff like that. Okay, if you pull
up Google Earth, or you pull up Google Maps and ask for softball complexes in Seminole County, six (6)
locations come up. Okay. Lake Mary, Altamonte (Springs), Oviedo, all the places that have places to stay
overnight.
I don't know why this Park would be placed less than a mile from Central Winds, where we have absolutely
perfect parks that can retrofitted with maybe a quarter of the budget, to be used there to fund anything that you'd
want to use there. I don't understand why that's not a concept. And, it's upsetting to me that Winter Springs feels
as if we can't do anything about this, we can. You have a financial responsibility to these citizens and also to the
region that you live in, being the county. You're part of the County. Okay, so, you can stand up and say we have
a perfect complex at Central Winds to be used.
Okay, Oviedo, has two (2) locations. Out by UCF (University of Central Florida) they have multiple places to be
used. Altamonte (Springs), Lake Mary, all those places; they can be retrofitted with the money that's used for this
project. Not to mention, this was not intended to be a sports complex. It's morphed from a around the corner
land usage Park for the benefit of the citizens of the community to now a sports complex that isn't going to be
used by any of us.
I'll tell you right now the NCAA (National Collegiate Athletic Association) regulation fields, they're not going
just let you come and play around with your son or your daughter on those fields. They're going to be locked, all
the time. They are going to be maintained Astro Turf. That's an expensive process. I've played college baseball,
I know. The maintenance of these fields is going to be astronomical and the secondary effects to the community
is outrageous. We've just had a gentleman up here talking about the sewer, the water, the water run -off.
Seminole County has a first picture to purchase this Park. Okay, they're going to outlay the resources to pay for
the construction, but they're not going to look at the secondary effects it's going to come down the road, ten (10),
fifteen (15) years. We are. Okay, we are. Thank you."
Commissioner Krebs stated, "May I suggest with, of course, the agreement of the Commission that we have all
the Minutes here — but, we have the ability to have verbatim Minutes taken for this and then to have the City
Manager put it together in some type of document that is sent to the County with the questions, obviously some
people believe that, and maybe it is true, that some of what we were told in the beginning has changed or their
ideas have changed and actually, I would like to hear some responses from the County regarding those
accusations."
Mayor Bush replied, "I think that is a good idea Commissioner, but I want to just say I think it may would be
more important to see if there is anything that we can do to stop it." With further comments, Commissioner
Krebs noted, "We are the closest to the people so if they have come to us and they want us to act on their behalf to
see or talk to the County, at least we could put something in a document form and ask for some kind of answer
back from them — maybe we could post it..." Mayor Bush added, "...I think what you are asking the Manager to
do is to come up with a document of the questions that were asked and forward them to the County Manager and
ask for a response. Is that correct ?"
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 23 OF 30
Deputy Mayor Rick Brown said, "I think they need to see the verbatim comments of all the citizens who have
spoken here tonight and probably will speak again next Meeting. I think they need to see that first hand; if not, be
provided an audio tape."
"I MAKE A MOTION THAT JUST AS WE HAVE DISCUSSED THAT WE HAVE THESE MINUTES i
VERBATIM AND THEN A DOCUMENT CREATED BY THE CITY MANAGER TO BE SENT TO THE
COUNTY REGARDING THIS FOR A RESPONSE TO THESE QUESTIONS AS WELL." MOTION BY
COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION.
MANAGER SMITH REMARKED, "OBVIOUSLY, I WOULD BE HAPPY TO DO THAT. I THINK
THAT IS A FABULOUS IDEA. MAY I SUGGEST THOUGH OR ASK IF IT WOULD BE MORE
EFFECTIVE COMING FROM THE MAYOR TO THE COUNTY CHAIR OR FROM THE CITY
MANAGER TO THE COUNTY MANAGER ?" MAYOR BUSH STATED, "DO BOTH."
COMMISSIONER KREBS STATED, "MY MOTION WILL INCLUDE THE COUNTY MANAGER
AND THE COMMISSION."
VOTE:
COMMISSIONER BONNER: AYE
COMMISSIONER HOVEY: AYE
DEPUTY MAYOR BROWN: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
Commissioner Hovey explained, "Once we find out from the City Manager and the City Attorney what we can
and cannot do, it is up to you as citizens to contact your County Commissioners."
With further comments on contacting the Seminole County Commission, Deputy Mayor Brown asked Manager
Smith, "In addition, you are going to come back to us with where we are in the process. I know that they have the
Comp[rehensive] Plan change request."
Manager Smith stated, "The informational packet, that piece that we put out very succinctly summarizes that but
it's very summary informed, but yes, we will be coming back. If it were to move forward for example, we'd still
have to come to this Commission for Final Approval." Deputy Mayor Brown then added, "I also understand that
there is an active gopher tortoise population on that property. Is that correct ?" Manager Smith replied, "That is
my understanding also." Deputy Mayor Brown then asked, "So, there has to be a large scale relocation?"
Manager Smith said, "I do not have the details of that, but it would have to be appropriately handled, absolutely."
Commissioner Krebs added, "They have to be relocated now. Yes."
Continuing, Deputy Mayor Brown stated, "When this came to light last week, I did put a call into Cynthia Sucher,
(Oviedo - Winter Springs Regional Chamber of Commerce) who is not only the President of our local Chamber of
Commerce but also the Associate VP (Vice President) of Public Relations at the University and asked her to do a
little research to find out what the tie was between - the County and the University and what she came back and
told me after doing some research is that the head of the Softball Department who was active in developing this
field or giving consulting services back to developing this field, that did happen, but she got word directly from
the head of the Government Affairs Division and also from the head of Athletics for UCF (University of Central
Florida), that there are no current contracts either being discussed or active between the County and UCF
(University of Central Florida) for the use of this field."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 24 OF 30
Deputy Mayor Brown asked, "Kevin (Smith), if you could get confirmation on that from the County..." Manager
Smith replied, "...Yes Sir..." Deputy Mayor Brown continued, "...To find out exactly what their thought process
is - the exact words were if a field was built, they may play one (1) or two (2) games out there, but there were no =.
plans to use it as their primary competition field."
Mayor Bush added, "I did talk to - County Commissioner (Carlton) Henley today about this and asked that weC:::i
have a representative from the County here at the Meeting." Mayor Bush then noted, "Hopefully, there is
someone from the County who can take back — what has been said here; so, I hope they did in fact send
somebody."
Commissioner Bonner asked Attorney Garganese about a Developer's Agreement. Attorney Garganese
explained, "There is a Development Agreement in the works as most often as when the case when Development
projects are Approved and those Development Agreements evolve over time as Applications proceed through the
process.
The County currently has their Final Engineering Application as you know in the process so as issues come up,
they get addressed in a draft Development Agreement which obviously is subject to the City Commission's
discretion on whether or not you want to Approve it as the issues come out on any development project. So,
that's - in the works as a matter of course, not as a matter of direction from the Commission at this stage."
Commissioner Bonner commented on verbatim Minutes, and suggested that a Workshop be held "And allow in a
Workshop forum for our neighbors to maybe talk with us about alternatives and what might be a more appropriate
use in their view as the neighbors of the land." Additionally, Commissioner Bonner noted, "I would love to
attend such a Workshop and listen to their thoughts about the best use for that land or even if it were to continue
forward as a Park, what the right Park would look like; so that we could have not only their concerns recorded but
also have their ideas captured and recorded."
Mayor Bush spoke of SeminoleWAY and stated, "The greatest opportunity that Winter Springs has to affect its
tax base is the development of the GreeneWay Interchange (District) which is (State Road) 434 and the
GreeneWay (Interchange District). Mayor Bush added, "I think this might be a — point that we can bring up with
the County Commission, because as the citizens said, `There's got to be another place to put this Park' ."
Additionally, Mayor Bush suggested, "It might be an approach that each one of the Commissioners can take with
the County Commissioners and that we can maybe start a dialogue with the County on that, because this benefits
them too."
Manager Smith explained, "When you alluded to earlier and a lot of folks made comments about the City not
having the `Ability to do anything'; just to clarify, certainly there are some things we can do. But there are
challenges that we face and that any government faces when you have a proposed Developer come in and do
something on a certain piece of property."
Furthermore, Manager Smith added, "As long as the Developer meets those criteria, they have certain latitude to
build certain projects. Now, what the City can do as we alluded to earlier, is to impose restrictions through
Development Agreements and things such as that, and the City Commission certainly has the ability to come in
and make certain restrictions and demand certain things. But, I think that - what the point that's being made on
the dais here - is to be perfectly honest, the easier or the quicker route if you will to kill a project of this type, is to
have the owner, the County decide not to do it and I think that is the Mayor is referring to when he says the
Commission is going to speak to our County Commissioners; and Commissioner Krebs made the suggestion that
we take your sentiments and we deliver them to the County so they hear from you; but to also hear directly from
you, quite honestly, that's the kind of thing that can more quickly make a project like this not happen."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 25 OF 30
Commissioner Krebs remarked, "My thought is that if the County hears from us, the County hears from you, that
they are going to know what challenges they are going to face, when they come before us."
Mayor Bush called a Recess at 7:10 p.m. _
The Regular Meeting reconvened at 7:21 p.m.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department
REQUEST: Requests The Commission Consider The Aesthetic Review For The Brighthouse Site
Renovation.
FISCAL IMPACT: Property Taxes Are Assessed On The Site And Should Increase With The
Improvements. The City Collects Taxes From Various Utilities. Permit, Plan Review, And Impact Fees
Will Be Collected.
COMMUNICATION EFFORTS: No Further Efforts Have Been Made For The Aesthetic Review, Beyond
Those Routinely Done By The City Clerk's Office.
RECOMMENDATION: STAFF RECOMMENDATION: Staff Recommends That The City Commission
Approve The Aesthetic Review Plans.
Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item for
discussion.
Mayor Bush asked Mr. Baker, "Will the vegetation as we see it here, be maintained. In other words - they have
got Reclaimed Water, are they going to use it to keep it green and looking decent. Is that in this Plan someplace
that makes it so it is going to continue to look like this ?" Mr. Baker responded, "They have to maintain it."
Attorney Garganese stated, "In the next Agenda Item when you are considering the Special Permit Order required
for this to happen, we can probably augment paragraph 6. which of the Consent Order or Permit Agreement that
requires the property owner to maintain the landscape appropriately and this Permit Order would give the
additional obligations on the property owner which would be recorded with the land."
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 `500'." MOTION BY COMMISSIONER KREBS. SECONDED BY
COMMISSIONER HOVEY. DISCUSION.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 26 OF 30
VOTE:
COMMISSIONER BONNER: AYE
COMMISSIONER HOVEY: AYE 1=11
DEPUTY MAYOR BROWN: AYE
COMMISSIONER KREBS: AYE tea•
MOTION CARRIED.
PUBLIC HEARINGS �
501. Community Development Department
REQUEST: Requests The Commission Consider The Special Permit For The Brighthouse Site
Renovation.
FISCAL IMPACT: Property Taxes Are Assessed On The Site And Should Increase With The
Improvements. The City Collects Taxes From Various Utilities. Permit, Plan Review, And Impact Fees
Will Be Collected.
COMMUNICATION EFFORTS: A Substantial And Conspicuous Sign Has Been Erected At The Site To
Notice The Public Hearing.
RECOMMENDATION: STAFF RECOMMENDATION: Staff Recommends That The City Commission
Approve The Special Permit For The Brighthouse Site Renovation And Authorize The City Attorney To
Make Any Necessary Modifications To The Special Permit Order Consistent With The Commission's
Direction.
Mr. Baker introduced this Agenda Item and stated, "We recommend Approval."
Mayor Bush asked Attorney Garganese, "Is this the change you made that you recommended, would come in ?"
Attorney Garganese responded, "Yes Mayor - under the `CONCLUSIONS OF LAW' section, on page 3,
paragraph 6., I would wordsmith that and require that the property owner maintain that landscaping appropriately.
I would craft some language that would be acceptable there."
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 `501' WITH THE ADDITION OF THE STATEMENT THAT ANTHONY
(GARGANESE) IS GOING TO ADD FOR THE LANDSCAPE TO BE MAINTAINED AS WE HAVE
BEEN SHOWN." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER
HOVEY. DISCUSSION.
VOTE:
COMMISSIONER HOVEY: AYE
DEPUTY MAYOR BROWN: AYE
COMMISSIONER BONNER: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 27 OF 30
PUBLIC HEARINGS
502. Office Of The City Attorney And Office Of The City Clerk
REQUEST: Request That The City Commission Consider The First Reading Of Ordinance Number 2010-
14, Which Revises Portions Of The City Code And Amends The Existing Uniform Requirements For City
Boards And Committees.
FISCAL IMPACT: No Funding Requirements Are Tied To The Approval Of This Agenda Item.
However, If This Ordinance Is Approved, For The Next Fiscal Budget, The City Will Save Approximately �{
$6,875.00 From Previous Years.
COMMUNICATION EFFORTS: The City Attorney And The City Clerk Have Corresponded With The
City Manager And Staff On This Agenda Item. Copies And/Or Access To This Agenda Item Have Been
Provided To The Mayor And City Commission, City Manager, City Attorney, City Clerk, Department
Directors; Placed In Press Packets; Placed In The Lobby Binder; And Will Be Available On The City's
Website, Laserfiche, And The City's Server.
RECOMMENDATION: The City Attorney And The City Clerk Request That The City Commission
Consider The First Reading Of Ordinance Number 2010 -14 And If Acceptable, Approve And Move It To A
Second Reading Which Will Tentatively Be Scheduled For May 24, 2010.
Mayor Bush asked, "Motion to read by `Title' only ?"
"SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR
BROWN. DISCUSSION.
VOTE:
DEPUTY MAYOR BROWN: AYE
COMMISSIONER BONNER: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER HOVEY: AYE
MOTION CARRIED.
Attorney Garganese read the Ordinance by "Title" only.
Continuing, Attorney Garganese stated, "This Ordinance is coming to you based on your direction at the Board
Workshop that we had. This Ordinance does several things. First, it repeals the twenty -five dollar ($25.00)
stipend for. Board and Committee Members. This Ordinance also clarifies that each Board and Committee shall
be comprised of at least five (5) Seats. Each City Commissioner will have one (1) Appointment based on Seat
number and that that number will correspond with the City Commissioner's Seat. This Ordinance also increases
the term for Boards and Committees from three (3) years to four (4). In addition, the Ordinance proposes a Term
Limit on Board and Committee Members. The Term Limit would be three (3) consecutive full Terms of Office of
any one (1) Board or Committee. And, this Ordinance also staggers the Term for the Board of Trustees."
Mayor Bush opened the "Public Input" portion of the Agenda Item.
No one spoke.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 28 OF 30
"MOTION TO MOVE (ORDINANCE 2010 -14) TO SECOND READING." MOTION BY
COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION.
VOTE: ruilQ
COMMISSIONER BONNER: AYE 'C
COMMISSIONER KREBS: AYE
COMMISSIONER HOVEY: AYE
DEPUTY MAYOR BROWN: AYE
MOTION CARRIED.
REGULAR AGENDA
REGULAR
600. Community Development Department
REQUEST: Requests That The City Commission Consider Brighthouse's Final Engineering /Site Plan
For Modifications To The Existing Brighthouse Facility On South Moss Road.
FISCAL IMPACT: Staff Believes That The Facility Contributes To The Winter Springs Economy And
Will Contribute Even More When The Up- Grades Are Implemented.
COMMUNICATION EFFORTS: The Planning And Zoning Board Agenda Of April 28, 2010 And
Commission Agenda Of May 10, 2010 Were Advertised In Accordance With City Clerk Policy Including
Posting On The City's Web Site And Laser Fiche. No Further Efforts Have Been Made For The Final
Engineering /Site Plan, Beyond Those Routinely Done By The City Clerk's Office. A Sign Was Posted At
The Site To Notice The Public Of The Public Hearing For The Special Permit.
RECOMMENDATION: The Planning And Zoning Board And Staff Recommend Approval Of This Site
Plan, Subject To Commission Approval Of The Special Permit Application.
Mr. Baker presented this Agenda Item and stated, "We the Staff and the P &Z (Planning and Zoning Board[/Local
Planning Agency]) recommend Approval."
"MOTION TO APPROVE." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY
COMMISSIONER KREBS. DISCUSSION.
VOTE:
COMMISSIONER BONNER: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER HOVEY: AYE
DEPUTY MAYOR BROWN: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 29 OF 30
REGULAR
601. Office Of The City Attorney
REQUEST: Per The City Commission, The City Attorney Presents Information Regarding The Adoption
Of A Uniform Method For The Levy, Collection And Enforcement Of Non -Ad Valorem Assessments For
The Purpose Of Nuisance Abatement Reimbursement.
FISCAL IMPACT: The Seminole County Property Appraiser Has Indicated That It Does Not Charge
Municipalities For Its Services With Respect To Non -Ad Valorem Assessments. Therefore, The City's C=1.4
Costs Would Be Limited To The Actual Costs Incurred By The Tax Collector, As Well As The City's ..�
Upfront Costs Incurred In Paying A Contractor For Nuisance Abatement Work (Which Should Be
Reimbursed Through Collection Of The Non -Ad Valorem Assessments) And For Administrative Costs In
Noticing Property Owners.
It Should Be Noted That, Like Ad Valorem Taxes, Non -Ad Valorem Assessments Are Subject To Statutory
Discounts For Early Payment (For Example, Property Owners Receive A 4% Discount If They Pay In
November, A 3% Discount If They Pay In December, A 2% Discount If They Pay In January, And A 1%
Discount If They Pay In February, Per Section 197.162., Florida Statutes). The City Should Consider
Accounting For Such Discounts So That If A Property Owner Pays Early And Receives A Discount, The
City Is Reimbursed For The Full Amount It Paid The Contractor For Nuisance Abatement Services.
COMMUNICATION EFFORTS:
RECOMMENDATION: The City Attorney Recommends That The City Commission Provide Direction
On Whether To Draft An Ordinance To Permit The City To Levy, Collect And Enforce Non -Ad Valorem
Assessments For The Purpose Of Nuisance Abatement Reimbursement.
Attorney Garganese commented, "This is an item that the City Commission requested some information on. Just
very generally as you know, the City from time to time must abate nuisances on private property when those
situations occur.
The City incurs expenses, ordinarily after the City incurs the expenses, the City will bill the property owner for
the cost that the City incurred in abating the nuisance and if the property owner doesn't pay, the City will record a
Lien against the property. The City will recover funds generally when the properties are sold and the property
owner needs the Lien released. You asked for alternative ways in which to collect that money. One alternative
way is to adopt a Non -Ad Valorem Assessment and in the Agenda Item, I laid out generally what that process
would be.
The City Commission would need to Adopt an Ordinance authorizing the levy of a Non -Ad Valorem Assessment
for unpaid expenses the City incurred in abating a public nuisance. And, if the City must abate a public nuisance
in any given year and the property owner doesn't reimburse the City for the expenses, the City will have to go
forward and Approve a Non -Ad Valorem Assessment Roll for those specific properties that have unpaid
Assessments only."
With further comments, Attorney Garganese noted, "It would be another hurdle for the City every year. We'd
have to keep an ongoing list during the year and make sure come Assessment Roll time, that those unpaid
Assessments are brought to you for Approval in a Public Hearing and then sent to the Tax Collector just like any
other Assessment and would appear on the property owner's tax bill, when that tax bill is issued."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 30 OF 30
Mayor Bush asked, "Since you mentioned there is some bookkeeping involved, we are not going to be incurring
more costs ?" Attorney Garganese replied, "This is going to go on their tax bill." Lastly, Attorney Garganese
added, "Generally, putting it on the tax bill is probably the most effective way that the City has to collect any C`
money from property owners." Manager Smith added, "There would be some Staff time involved, but it is a cost
benefit."
"I WOULD LIKE TO MAKE A MOTION THAT WE ASK THE CITY ATTORNEY AND THE CITY
MANAGER TO COME BACK WITH AN ORDINANCE ENACTING THIS." MOTION BY DEPUTY
MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION.
VOTE: ~_
COMMISSIONER KREBS: AYE
COMMISSIONER HOVEY: AYE
DEPUTY MAYOR BROWN: AYE
COMMISSIONER BONNER: AYE
MOTION CARRIED.
❖❖ AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS HEARD NEXT,
AS DOCUMENTED. 4*,
REPORTS
REPORTS
407. Office Of The Mayor — The Honorable John F. Bush
Mayor Bush asked if the upcoming Workshop on the Charter Review could possibly be re- scheduled. With
further discussion on an option of Mayor Bush calling in, Mayor Bush summarized, "I will be on the phone next
Monday."
ADJOURNMENT
Mayor Bush adjourned the Regular Meeting at 7:37 p.m.
RESPECTFULLY SUBMITTED:
ANDREA LORENZO -L UACES, MMC CITY CLERK AND
JOAN L. BROWN
DEPUTY CITY CLERK
APPROVED:
MAYOR JOHN F. BUSH
NOTE: These Minutes were approved at the , 2010 City Commission Regular Meeting.
CITY OF WINTER SPRINGS FLORIDA
ENTE
O% •o ff
T.3
Incorp
1959
CITY COMMISSION
MINUTES
REGULAR MEETING
MONDAY, MAY 10, 2010 - 5:15 P.M.
CITY HALL — COMMISSION CHAMBERS
1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA
Mayor John F. Bush
Commissioner Jean Hovey - Seat One
Deputy Mayor Rick Brown - Seat Two
Commissioner Gary Bonner - Seat Three
Commissioner Sally McGinnis - Seat Four
Commissioner Joanne M. Krebs - Seat Five
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 2 OF 30
CALL TO ORDER
The Regular Meeting of Monday, May 10, 2010 of the City Commission was called to Order by Mayor John F.
Bush at 5:15 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 Rick Brown, present
Commissioner Jean Hovey, present
Commissioner Gary Bonner, present
Commissioner Sally McGinnis, absent
Commissioner Joanne M. Krebs, present
City Manager Kevin L. Smith, present
City Attorney Anthony A. Garganese, present
The Pledge of Allegiance followed a moment of silence.
❖ ❖ AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS WERE
DISCUSSED FIRST, AS NOTED. ❖ ❖
AWARDS AND PRESENTATIONS
Discussion followed on Leadership Seminole's Character Key Program. A video from Winter Springs High
School was shown to those present. Mayor Bush then presented Proclamations to Winter Springs High School in
recognition of their placing 2 in Leadership Seminole's Character Key Video Contest.
The recipients of the Proclamations were: students Mr. Richard Burnett, Mr. Brandon Caskey, Ms. Angelic
Denizard, Ms. Kathryn Halle, Ms. Zach High, Ms. Lauren Kopanski, Mr. Tyler Marino, Mr. Jason Manzo, Mr.
Bronte Rammal, and their Faculty Sponsor, Ms. Dawn Wilkerson.
❖ ❖ AGENDA NOTE: DURING DISCUSSION ON THE INFORMATIONAL AGENDA,
INFORMATIONAL AGENDA ITEM "101" (AS OTHER INFORMATIONAL AGENDA
ITEMS) WAS NOT DISCUSSED DURING THIS SECTION; HOWEVER, INFORMATIONAL
AGENDA ITEM "101" WAS DISCUSSED LATER IN THE MEETING, AS SHOWN ON PAGE
4 OF THESE MINUTES. ❖ ❖
INFORMATIONAL AGENDA
INFORMATIONAL
100. Community Development Department
REQUEST: Advising The City Commission Of The Status Of Various Current Planning Projects.
FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item.
COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The
Commission Agenda Are Necessary In Conjunction With This Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 3 OF 30
RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In
This Agenda Item.
No discussion.
INFORMATIONAL
101. Land Design Innovations, Inc.
REQUEST: Land Design Innovations, Inc. (City Consultant) Is Presenting The Summary Report For
Economic Development Activities From March 12, 2010 Through April 23, 2010.
FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item.
COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The
Commission Agenda Are Necessary In Conjunction With This Agenda Item.
RECOMMENDATIONS: The City Commission Is Being Asked To Review And Accept The Information
In This Agenda Item.
There was no discussion on this Agenda Item at this particular time.
INFORMATIONAL
102. Office Of The City Manager And Finance Department
REQUEST: Transmitting The City's Fiscal Year 2010 2 " Quarter Financial Report.
FISCAL IMPACT: Revenues And Expenditures Are On Budget Through March 31, 2010. However,
Development Services And The Water And Sewer Funds Will Be Monitored Closely Through 3 Quarter
To Determine If Corrective Actions Will Be Necessary In Fiscal Year 2010.
COMMUNICATION EFFORTS: Financial Statements Have Been Distributed To Directors, City
Manager, Mayor And Commission.
RECOMMENDATION: It Is Recommended That The City Commission Receive The Attached Financial
Report.
No discussion.
INFORMATIONAL
103. Office Of The City Manager And Finance Department
REQUEST: Providing The Investment Report For The Second Quarter FY (Fiscal Year) 2010 (Ending
March 31, 2010) As Prepared By PFM Asset Management LLC.
FISCAL IMPACT: The Weighted Average Yield At March 31, 2010 Is 0.65 %. The Weighted Average
Yield At December 31, 2009 Was 0.67 %.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 4 OF 30
COMMUNICATION EFFORTS: The Investment Report Will Be Posted To The Website Within A Week
Of Acceptance.
RECOMMENDATION: It Is Recommended That The City Commission Receive The Attached Investment
Report.
This Agenda Item was not discussed.
"MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY DEPUTY MAYOR
BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION.
VOTE:
DEPUTY MAYOR BROWN: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER BONNER: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
❖ ❖ AGENDA NOTE: THE FOLLOWING DISCUSSION PERTAINED TO
INFORMATIONAL AGENDA ITEM "101 ", WHICH WAS HEARD NEXT AS
DOCUMENTED, IN ADDITION TO WHAT WAS PREVIOUSLY NOTED ON PAGE 2 OF
THESE MINUTES. •:••:.
INFORMATIONAL AGENDA
INFORMATIONAL
101. Land Design Innovations, Inc.
REQUEST: Land Design Innovations, Inc. (City Consultant) Is Presenting The Summary Report For
Economic Development Activities From March 12, 2010 Through April 23, 2010.
FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item.
COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The
Commission Agenda Are Necessary In Conjunction With This Agenda Item.
RECOMMENDATIONS: The City Commission Is Being Asked To Review And Accept The Information
In This Agenda Item.
Mr. John Al. Jones, AICP, Senior Planner, Land Design Innovations, Inc., 1770 Fennel Street, Suite 200,
Maitland, Florida: displayed a PowerPoint presentation on economic development incentives and provider
information related to recruiting businesses.
Deputy Mayor Rick Brown asked Mr. Jones, "Businesses or developers in the area who want to take advantage of
these, who should they contact for a comprehensive list or assistance ?" Mr. Jones responded, "They can contact
me directly."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 5 OF 30
CONSENT AGENDA
CONSENT
200. Office Of The City Clerk
REQUEST: Requesting The City Commission Approve The April 26, 2010 City Commission Regular
Meeting Minutes.
FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item.
COMMUNICATION EFFORTS: These Minutes Have Been Distributed To The Mayor And City
Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets; Placed In
The Lobby Binder; And Are Available On The City's Website, LaserFiche, And The City's Server.
RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The April 26, 2010
City Commission Regular Meeting Minutes.
There was no discussion on this Agenda Item.
CONSENT
201. Parks And Recreation Department
REQUEST: Requesting The City Commission To Accept The Proposal (Bid) Of Creative Pyrotechnics,
LLC And Authorize The City Manager To Execute An Agreement With The Approved Proposal For A 15
Minute Fireworks Display On July 4, 2010.
FISCAL IMPACT: $10,000.00 Acct. # 7260 -54800 -90100 — July 4
COMMUNICATION EFFORTS: Staff Has Already Began And Will Continue Notifying The Public
Regarding The July 4, 2010 Event Through City Website, e- Citizen, Local Media, Etc. Staff Is Also
Aggressively Seeking Sponsors And Vendors.
RECOMMENDATIONS: Authorization Of The City Manager To Enter Into An Agreement With Creative
Pyrotechnics, LLC To Provide Fireworks For July 4, 2010, Celebration Of Freedom At A Cost Of
$10,000.00.
This Agenda Item was not discussed.
CONSENT
202. Community Development Department — Planning Division
REQUEST: Requests That The City Commission Adopt Resolution 2010 -17 Supporting The Legislative
Designation Of SeminoleWay.
FISCAL IMPACT: No Funding Required.
COMMUNICATION EFFORTS: Posted In City Hall And On City's Website.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10. 2010 PAGE 6 OF 30
COMMUNICATION EFFORTS: Posted In City Hall And On City's Website.
RECOMMENDATION: Staff Recommends That The City Commission Adopt Resolution 2010 -17
Supporting The Legislative Designation Of SeminoleWay As An Important Action And Opportunity For
The Planned And Intelligent Economic Growth And Development Of SeminoleWay And The Seminole
County Region.
No discussion.
CONSENT
203. Office Of The City Clerk
REQUEST: Requests That The Mayor And City Commission Review And Approve Resolution Number
2010 -21 Offering Their Appreciation And Gratitude For The Service Of Mr. Tom Waters As A Member
Of The Board Of Adjustment.
FISCAL IMPACT: There Is No Fiscal Impact If Resolution Number 2010 -21 Is Approved.
COMMUNICATION EFFORTS: Copies Or Access To This Agenda Item And Resolution Have Been
Provided To The Mayor And City Commission, City Manager, City Attorney, And Department Directors;
Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website,
Laserfiche, And The City's Server.
RECOMMENDATION: The City Clerk Is Requesting That The City Commission Review And Approve
Resolution Number 2010 -21. Upon Approval Of This Resolution, The City Clerk Will Then Contact Mr.
Waters Regarding An Official Presentation By The Mayor And City Commission.
There was no discussion on this Agenda Item.
CONSENT
204. Office Of The City Clerk
REQUEST: Requests That The Mayor And City Commission Review And Approve Resolution Number
2010 -22 Offering Their Appreciation And Gratitude For The Service Of Mr. Jack Taylor As A Member Of
The Board Of Adjustment.
FISCAL IMPACT: There Is No Fiscal Impact If Resolution Number 2010 -22 Is Approved.
COMMUNICATION EFFORTS: Copies Or Access To This Agenda Item And Resolution Have Been
Provided To The Mayor And City Commission, City Manager, City Attorney, And Department Directors;
Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website,
LaserFiche, And The City's Server.
RECOMMENDATION: The City Clerk Is Requesting That The City Commission Review And Approve
Resolution Number 2010 -22. Upon Approval Of This Resolution, The City Clerk Will Then Contact Mr.
Taylor Regarding An Official Presentation By The Mayor And City Commission.
No discussion.
CITY OF WINTER SPRINGS. FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 7 OF 30
CONSENT
205. Office Of The City Clerk
REQUEST: Requests That The Mayor And City Commission Review And Approve Resolution Number
2010 -23 Offering Their Appreciation And Gratitude For The Service Of Ms. Linda Collins As A Member
Of The Board Of Adjustment.
FISCAL IMPACT: There Is No Fiscal Impact If Resolution Number 2010 -23 Is Approved.
COMMUNICATION EFFORTS: Copies Or Access To This Agenda Item And Resolution Have Been
Provided To The Mayor And City Commission, City Manager, City Attorney, And Department Directors;
Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website,
LaserFiche, And The City's Server.
RECOMMENDATION: The City Clerk Is Requesting That The City Commission Review And Approve
Resolution Number 2010 -23. Upon Approval Of This Resolution, The City Clerk Will Then Contact Ms.
Collins Regarding An Official Presentation By The Mayor And City Commission.
There was no discussion on this Agenda Item.
CONSENT
206. Office Of The City Clerk
REQUEST: Requests That The Mayor And City Commission Review And Approve Resolution Number
2010 -24 Offering Their Appreciation And Gratitude For The Service Of Ms. Karen Paine - Malcolm As A
Member Of The Board Of Adjustment.
FISCAL IMPACT: There Is No Fiscal Impact If Resolution Number 2010 -24 Is Approved.
COMMUNICATION EFFORTS: Copies Or Access To This Agenda Item And Resolution Have Been
Provided To The Mayor And City Commission, City Manager, City Attorney, And Department Directors;
Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website,
LaserFiche, And The City's Server.
RECOMMENDATION: The City Clerk Is Requesting That The City Commission Review And Approve
Resolution Number 2010 -24. Upon Approval Of This Resolution, The City Clerk Will Then Contact Ms.
Paine - Malcolm Regarding An Official Presentation By The Mayor And City Commission.
This Agenda Item was not discussed.
CONSENT
207. Office Of The City Clerk
REQUEST: Requests That The Mayor And City Commission Review And Approve Resolution Number
2010 -25 Offering Their Appreciation And Gratitude For The Service Of Mr. Howard Casman As A Recent
Member Of The Board Of Adjustment.
FISCAL IMPACT: There Is No Fiscal Impact If Resolution Number 2010 -25 Is Approved.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10. 2010 PAGE 8 OF 30
COMMUNICATION EFFORTS: Copies Or Access To This Agenda Item And Resolution Have Been
Provided To The Mayor And City Commission, City Manager, City Attorney, And Department Directors;
Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website,
LaserFiche, And The City's Server.
RECOMMENDATION: The City Clerk Is Requesting That The City Commission Review And Approve
Resolution Number 2010 -25. Upon Approval Of This Resolution, The City Clerk Will Then Contact Mr.
Casman Regarding An Official Presentation By The Mayor And City Commission.
No discussion.
CONSENT
208. Information Services Department
REQUEST: Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition
Sheets.
FISCAL IMPACT: There Is No Cost To Dispose Of These Surplus Assets. The City Receives Revenue
Generated From Items Sold At Auction.
COMMUNICATION EFFORTS: A Copy Of The List Of Items To Be Disposed Of Has Been Posted
On The City's Website Under Public Notices. Additionally, The Contact Information For The Vendor
Conducting The Auction Has Also Been Provided On The Website.
RECOMMENDATION: It Is Requested That The City Commission Approve The Disposition Of The
Attached List Of Surplus Assets.
There was no discussion on this Agenda Item.
"MOTION TO APPROVE" (CONSENT AGENDA). MOTION BY COMMISSIONER HOVEY.
SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION.
VOTE:
COMMISSIONER BONNER: AYE
COMMISSIONER KREBS: AYE
DEPUTY MAYOR BROWN: AYE
COMMISSIONER HOVEY: AYE
MOTION CARRIED.
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
300. Not Used.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 9 OF 30
REPORTS
REPORTS
400. Office Of The City Attorney — Anthony A. Garganese, Esquire
No Report.
REPORTS
401. Office Of The City Manager — Kevin L. Smith
City Manager Kevin L. Smith commented, "I wanted to advise the Commission and ask for any direction or input
that you may have — one of the things that you know we have been working on is increasing communications with
our citizenry. That is spelled out in our Strategic Plan as Approved by this Commission and Staff is always
looking for opportunities to do that better."
Manager Smith commented on the utilization of Podcasts to introduce Staff, City programs, and the benefits of
communicating to the citizens. Continuing, Manager Smith stated, "I have had some conversation with George
Colombo who actually has some expertise in this area and free of charge, he and I have been working with a few
Staff members on putting something together that I would like to roll -out in what I call a `Test Phase' at no cost to
the City, put it up on the Website, and see what kind of interest we get."
Furthermore, Manager Smith added, "We could certainly implement a program similar to our Newsletter where
anything goes to the Commission twenty -four (24) to forty-eight (48) hours before it's Posted; if that would be
your desire."
Mayor Bush asked the City Commission, "Everybody okay with this ?" Commissioner Gary Bonner replied, "I
like it." Deputy Mayor Brown remarked, "You bet." There were no objections.
Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department suggested that a Workshop
be held to discuss small irregular shaped lots in the Town Center. Mr. Stevenson stated, "Your direction was to
bring that back to you in a Workshop after we worked with Mr. (Paul) Partyka and some of the other Applicants."
Continuing, Mr. Stevenson added, "We are ready at this point to try to schedule a date for a Workshop for your
consideration of any potential Text Amendments that we might undertake relative to this item and I do know your
instructions to us were to bring it to you as a holistic effort rather than on a case -by -case, lot -by -lot basis and
that's what we're trying to do at this point in time."
Manager Smith asked, "Would the Commission be willing to look at your calendars now or would you like me to
ask the Clerk's Office to do a survey ?" Mayor Bush responded, "Why don't you ask the Clerk to contact each of
the Commissioners and find a suitable time." Manager Smith remarked, "Will do."
Lastly, Manager Smith commented on his schedule.
REPORTS
402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC
Deputy City Clerk Joan Brown said, "No Report."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 10 OF 30
REPORTS
403. Office Of Commissioner Seat Two /Deputy Mayor — The Honorable Rick Brown
Deputy Mayor Brown noted his upcoming schedule.
REPORTS
404. Office Of Commissioner Seat Three — The Honorable Gary Bonner
Commissioner Bonner mentioned that he attended the April 28 (2010) County meeting on the proposed Jetta
Point Park project, which was held at City Hall. Commission Bonner noted, "The Workshop happened to be
timed coincidentally to occur just prior to Planning and Zoning's (Board /Local Planning Agency) Hearing on the
same exact matter and I know that that was an unfortunate coincidence.
I stayed for the P &Z (Planning and Zoning Board[ /Local Planning Agency]) Meeting and then had a chance to
interact with some of the citizens and my suggestion for the future is that we make an effort that when there is
such a matter of a Workshop, that we try to make sure that we don't immediately follow a Workshop where we
receive a lot of feedback from our citizens, with a Hearing that addresses the exact same matter."
Lastly, Commissioner Bonner noted that he will be attending as a Vendor, the Florida City and County Managers
Conference, being held in Orlando.
REPORTS
405. Office Of Commissioner Seat Four — The Honorable Sally McGinnis
Absent.
REPORTS
406. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs
No Report.
REPORTS
407. Office Of The Mayor — The Honorable John F. Bush
Mayor Bush spoke of the Winter Springs High School Women's Softball Team which was eliminated from a
Tournament. Mayor Bush stated, "I did contact the school today and got the official word of what happened - and
I will have the Clerk give you a copy of this. I am still going to go ahead and write a letter if the Commission has
no objection..." Commissioner Krebs commented, "...Please do." No objections were voiced. Mayor Bush read
an excerpt of an email from Mr. Ted Jones from the Athletic Department at Winter Springs High School. Further
comments.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 11 OF 30
Regarding the proposed Jetta Point Park project, Mayor Bush stated, "I asked the Manager to put together some
information about where, what has happened up to this point with that and..." Manager Smith responded,
"...Staff has copies of that timeline Mayor with the current status. Anyone interested in getting a copy — Mr.
Stevenson or someone with his Staff will have copies."
Mayor Bush added, "Jetta Point is a Park owned by Seminole County, not by the City of Winter Springs. So, we
have very little control over that Park, other than it is in the City." Mayor Bush added, "What you have passed
out — is also what is going to happen in the future, as well as what has already happened ?" Manager Smith said,
"Yes."
Commissioner Joanne M. Krebs suggested, "What we do quite often when there is a development is to have a
Developer's Agreement and so - that is always the possibility, but saying `No' probably isn't."
Deputy Mayor Brown commented on wanting to hear from all their citizens and added, "It did come before P &Z
(Planning and Zoning Board[ /Local Planning Agency]) so we do get an opportunity to express either our
agreement or disagreement with what is going to come before us again, and I think based on what we hear tonight
and based on what we hear at future Meetings, we should consider that very carefully before Voting an
affirmative on what the P &Z (Planning and Zoning Board[ /Local Planning Agency]) brings forward to us."
Commissioner Bonner also remarked about wanting to hear from the public.
With further discussion, Mayor Bush suggested, "You should also contact your County Commissioners because —
they make the decision in this case, and it takes three (3) of them to do anything. The Commissioner who
represents Winter Springs is Mike McLean - District 2. You can get his information off the County's Website.
The Chair of the County Commission is Bob Dallari who lives in Oviedo."
Lastly, Mayor Bush commented about his upcoming schedule and hoped Deputy Mayor Brown or other
Commissioners would attend any meetings that he is unable to.
REPORTS
408. Office Of Commissioner Seat One — The Honorable Jean Hovey
Commissioner Jean Hovey mentioned that she attended the last Council of Local Governments in Seminole
County (CALNO) Meeting and noted that there has been an increase of students attending Seminole State
College; and that the City of Sanford is considering having no Events next year. Commissioner Hovey then stated
that the City of Casselberry is planning four (4) musical Events; and that Seminole County has set aside thirty-
eight million dollars ($38,000,000.00) for the Light Rail that will pay for the four (4) stops in our County.
Next, Commissioner Hovey remarked that Commissioner McLean had suggested a drop in the Millage rate by
half a point for Seminole County without cutting services, and proposed taking money from their reserves.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 12 OF 30
❖•• AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS PRESENTED
NEXT, AS DOCUMENTED. ••
REPORTS
REPORTS
407. Office Of The Mayor — The Honorable John F. Bush
Mayor Bush commented on requests for Proclamations, and that he had received "A request from one of our local
businesses, not the owner themselves, to do a Proclamation for their Sixth Anniversary. Well this business
happens to be Tijuana Flats; and because — Deputy Mayor Brown, being on the Commission, I just wanted to
make sure that the Commission has no problem with me doing this. And I would do it for any business that
asked." Mayor Bush asked, "Has anybody got any problem with this ?" Commissioner Hovey remarked, "No."
There were no objections noted.
PUBLIC INPUT
Dr. Tina Calderone, 3206 Tala Loop, Long Florida: stated, "I am pleased to introduce myself tonight as a
Candidate for School Board District 5. I'm here to pledge my support for the City of Winter Springs in working
cooperatively with each and every one of you and the citizens here. I have been in this community for over
twenty (20) years; have been volunteering on numerous Boards and Directors since moving to Seminole County.
I love this area. I have been in business for over thirty (30) years, both at national corporations and small business
ownership and feel I have the talents to bring on to the School Board to hold harmless both our schools and our
students. I think we all know the reason we chose to come to Seminole County, is our great school system and I
want to hold that harmless.
I have a Doctorate in Educational Leadership. I served on the Foundation for Seminole County Public Schools
for over four (4) years where I raised over four million dollars ($4,000,000.00) for our classrooms. I love our
students, I love our Teachers, I love this community and I look forward to serving with each and every one of
you. Thank you."
Mr. Dominic Gabello, 5911 Edsall Road, Alexandria, Virginia: commented, "Mr. Mayor, Council Members —
Commission Members, and citizens of Winter Springs. I'm here today to talk about an issue in the Florida
Legislature. I am with the `Florida Coalition For Safe Highways' and the `Coalition Against Bigger Trucks' and
our organization opposes any increases in truck size or weight. We don't want to see them get bigger or longer
and there are a couple of reasons.
One (1), there is the safety of those trucks. If you're adding weight to a truck you have to stack it higher
vertically and that can help make it roll over a little easier but also, as that extra weight wears out the equipment
on the truck more, the tires, the brakes, and when those brakes get out of adjustment, causes them to have longer
stopping distances; but also, it damages our infrastructure; and there is a Bill in the Florida Legislature that passed
both Houses, that had an Amendment snuck into it at the last minute that increases truck weights in Florida on
non - Interstate roads so State and Local roads from 80(,000) to 88,000 pounds.
The Florida Department of Transportation conducted a study a couple of years ago that checked a couple of
different weights and 88,000 pounds was one of them and they estimated that it would cost State and Local
governments an additional hundred and fifty million dollars ($150,000,000.00) a year in the cost to infrastructure
that they would have to pick up if - truck weight increased.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 13 OF 30
On top of that, the people who are shipping, the people who want these heavier trucks will be making an
additional three hundred million dollars ($300,000,000.00) a year. Doesn't seem right to put the increases of
those bigger trucks on the back of taxpayers. So, I am here today to ask Members of the Commission and actually
everybody of the City of Winter Springs to call the Governor. House Bill 1271 is the Bill that seeks to raise truck
weights. It's in there, the Amendment is in there, that will raise it to 88,000 pounds. We're asking everybody to
call the Governor and ask him to Veto and you can call his office at (850) 488 -7146 — call tomorrow and you'll
get his office and ask him to Veto House Bill 1271. If anybody has any questions, I'll be around after to talk to
you. Thank you."
Mr. Brian Fields, P.E., City Engineer, Public Works Department commented on this issue.
Tape 1 /Side B
Mayor Bush asked Mr. Fields, "Do you see this doing damage to roads in Winter Springs ?" Mr. Fields replied,
"It could. Larger vehicle loads do damage our streets."
Commissioner Bonner spoke of the design of road improvements. Mr. Fields stated, "Our roads are designed to
current standards. Some of them are just resurfaced, not rebuilding the road from the bottom up. The roads that
are re -built are actually on Wade Street, State Road 419, those are the current standards. I don't know if they're
designed to handle the 88,000 pound load that this Bill would take it up to. That's something I would have to get
back to you on."
Mr. Kevin Cannon, 174 Nandina Terrace, Winter Springs, Florida: stated, "That's the Howell Creek subdivision.
I thank you for giving us an opportunity to address some things of tremendous concern to the members of our
community. The procedure today is very different than the procedure that was followed on April the 28 when
the City and County put this sign at the Trailhead — which I removed a few days later, was laying on its side as
trash, announcing an informational Meeting. And after we left the informational Meeting with Seminole County,
the Applicants and also some of the City Staff members, we were told P &Z (Planning and Zoning Board[/Local
Planning Agency]) needs to meet. We walked out into that lobby and fifteen (15) minutes later, the P &Z Board
(Planning and Zoning Board[ /Local Planning Agency]) finaled and Approved the Site Plan.
I'm disappointed in the City. I'm disappointed, extremely disappointed in Seminole County and the reason why I
say that is I have an October 23, 2006 letter from the Manager of Seminole County to what was then Manager
McLemore for the City of Winter Springs in which he said on October 2° of 2006, they had one (1) informational
meeting. I am still trying to find out what citizens were at the informational meeting, but promising they would
have two (2) more information meetings to seek information and feedback from the residents of my community
before they would — as they went through the design phases. And Mr. Mayor and Members of the Commission, I
am embarrassed to say it was shameful. They Adopted Final Plans; they sat there and they told us very questions
- there were many of the residents there, `Yes, that's a very point you raise, we need to look into that'. Fifteen
(15) minutes later after they said, `Well, we got to go out into the lobby', they came before the P &Z Board
(Planning and Zoning Board[ /Local Planning Agency]) and they finaled the Site Plan and Engineering Approval.
With all due respect, shame on the City and especially shame on Seminole County. We elect people to represent
us. What was represented to us and in looking back at the paperwork, Mr. Mayor, was a Park. The preliminary
sales job done in 2006 was that this was going to be a neighborhood Park and suddenly, Seminole County decided
that they could use tourism tax development dollars and they decided that they could get, they could draw in
NCAA (National Collegiate Athletic Association) tournament teams traveling ball leagues and high school
leagues for the express purpose of bringing additional revenue into Seminole County. The idea is a nice idea.
The location stinks. It's next to an eagle's nest that Audubon has confirmed to me has been in place for twenty -
seven (27) years. It's adjacent within a half mile radius of nearly five hundred (500) homes; the tax base of which
is over one million dollars ($1,000,000.00) of property taxes for 2009. This is not the right location for this
project."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 14 OF 30
Mayor Bush commented, "Commission, I would like to give Mr. Cannon more time, is there any objection? And
same thing for the other citizens who are going to speak on this - it would be nice if you could keep it to three (3)
minutes, but if you can't, be reasonable about it - because we want to hear what people have to say."
Mr. Cannon said, "Thank you Mr. Mayor, and I have been asked by my — I've been doing a lot of the homework
and the legwork as I am sure you're aware to get some information. I'm late to the Meeting today because I left
Seminole County looking at their public records. I left there at 5:20 p.m. and had to drive back. On May 12 of
2009, there was a Press Release done by Seminole County and UCF (University of Central Florida) Sports, in
which they announced and they characterized Jetta Point as a 'Jetta Point Softball Complex'.
Now, when I went back and looked through all the documentation going as far back as 2002, I never saw that
characterization given to that and I would encourage any of the Board Members to ask any of the citizens that
have lived in our community for about fifteen (15) years, to ask if they were ever told that it was going to be a
sports complex with a concession stand and two (2) cash registers with two hundred and fifty (250) person
bleachers, with eight (8) parking spaces designed for commercial tour buses in addition to the two hundred and
twenty (220) parking spaces.
When I went to Central Winds Park, the Sunday following this meeting and I counted the parking spaces at
Central Winds Park, I counted approximately, two hundred and thirty-five (235) including all of the grass spaces
for parking. So essentially, you're going to have the equivalent amount of vehicles actually, a higher density
when you look at these big tour buses on a park the footprint of which is probably one -fourth (1/4) of Central
Winds Park. This is wrong. This is not the right location. When I was in Seminole County, I made some
inquires and I don't know if you've got an overhead projector that could be used. Do you? I'd like to use it. You
know, the Applicant in this project is Seminole County Government. This is not Mr. and Mrs. Smith who
inherited an orange grove that's been in their family for fifty (50) years; they want to retire and this is the one (1)
piece of property that they have to sell.
Seminole County has parcels all over Seminole County that are better suited for this intensity of a sports complex.
This is the Soldier's Field Complex and I've seen documents that the parcel is in excess of a 145 acres - that
facility - there is a huge tract of land that Seminole County owns, and 1 see with interest that they already have
softball fields on this tract of land. I also see with interest when I look at Google Earth, that they don't have four
(4) and five (5), and six hundred thousand dollars ($600,000.00) homes in exclusive gated subdivisions right
behind these softball fields, a more suitable location and I was disappointed in our Planning and Zoning Board
( /Local Planning Agency) — would you flip to the next one please - when they made an inherent Finding that it
was a suitable location. Sylvan Lake Sports Complex is where Leisure Services Department for Seminole
County maintains its Administrative Offices and I just spent a few hours there. I'm looking at all of the additional
land here, that would be more than adequate to put four (4) of these tournament softball diamonds. But I also
noticed that this facility is hemmed in on three (3) sides by very exclusive subdivisions, very similar in nature and
value to ours.
I don't think their residents would stand for the noise, the lighting, and the inherent disruption that would come
from that type of an activity. I'm disappointed that Seminole County would try to cram through this type of a
large impact sports complex in the back yard of Winter Springs' residents when they wouldn't attempt to do it on
their own property. At the same time that they were getting State grant money for Jetta Point Park, they were also
getting State grant money for Soldier's Creek, I think it's called. Is that the name — yes, Soldier's Creek. They
were getting it at the same time. That's a more appropriate location. This is not about Seminole County and their
decisions tonight, this is about the City of Winter Springs, you, our Elected Officials and the Staff of the City of
Winter Springs, all of whom are paid by us taxpayers, protecting our property values, protecting the tax base and
most importantly, protecting the quality of life that we enjoy in Winter Springs.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 15 OF 30
When I left the meeting after the Public Hearing at the P &Z (Planning and Zoning Board[ /Local Planning
Agency]), one (1) of the Engineers said these are going to be NCAA (National Collegiate Athletic Association)
compliant ball fields and I walked out of there, scratching my head saying, `There's no college or university
nearby, what's going on ?' Well, I found the connection, and you know this Mayor Bush, I found the connection
with Renee (Luers - )Gillispie, who's the Head Coach of the UCF (University of Central Florida) Woman's
Softball Team, who in 2009 received an Award from Seminole County as Tourism Ambassador of the Year, for
her efforts in helping to promote large scale Softball Tournaments in Seminole County. Let them continue those
efforts, if they want to expand, if the facilities that they used in 2008, when they drew more than four thousand
(4,000) spectators to the Seminole County Complex. Let them do it there.
The name of our sister subdivision is called Eagle's Watch, for good reason. Because for over twenty -seven (27)
years there's been active eagles nest. In excess of fifty (50), perhaps as many as a hundred (100) times in the last
year, my son and I, other Scouts, I'm a Scout Leader - neighbors, neighborhood children and other Seminole
County residents have gone to see the eagles. Bald eagles last year, I personally witnessed a pair of nesting bald
eagles, two (2) fledglings that hatched out last year and two (2) additional mature eagles, I saw six (6) eagles in
one day, and I want to show you where these photos were taken by me. They were taken, right here, right where
this plan proposes to dig out and put these retention ponds. In the same pines, that right now, I almost guarantee
tonight, as it draws near dusk, I can bring anyone of you out there and right in this vicinity, you will find those
eagles that are nesting. No, excuse me, right here, right here. You see the retention pond where the three (3) way
triangle is?
Right in here, is where I have taken those photos and hundreds of other photos of the eagles, which is where there
are presently about eighty -five (85) to a 110' pines. They are going to dig the pines out and make retention ponds
for all the water for the 520 parking spaces and for the Astro Turf, yes, that's another thing. I have seen budgets
for as much as two point two million dollars ($2,200,000.00) for Astro Turf. I've been to a lot - of community
parks, my son has son has played sports, I have never seen 250 person bleachers and I've never seen Astro Turf.
If any of have, please come up and tell me where, I'll go get pictures of it. But, I've never seen it and I dare say
none of you as Commissioners or you Mr. Mayor have ever seen it. It is a wantable thing for Seminole County to
want to increase their tourism tax base and 1 have no qualms with that whatsoever. In the project, in terms of the
contents of it and trying to promote a tournament facility, I have no qualms with that.
What I object to and the many, many citizens of my communities that I've talked with in the last week object to
nice project, wrong location. It is just the wrong location. And in a case like this, where you've got Seminole
County as the property owner, that right now has other parcels of property that are certainly have point forty-five
(0.45) or less acres, that would be suitable for that type of a park, that's where it belongs. I would dare say in a
perfect world, that Seminole and Orange County should joint venture with UCF (University of Central Florida)
on some of the abundant acreage that is still is undeveloped and what a beautiful thing it would be to have a
college tournament facility right in close proximity to UCF (University of Central Florida).
I think that would be a wonderful thing, I really do and I would hope that Seminole and Orange could work
somehow in a joint venture with UCF (University of Central Florida) to make that happen. Because when we join
teams, they may come into Seminole County to play this day, but of course they are going to go to Orange County
to - the theme parks and so forth. We expect more from the City of Winter Springs. I know that there has been
from the timeline, there's been a big gap, but in the documents I received today, which I haven't yet been able to
print, they were given to me on a disc; I'm looking at the conceptual plans in the early conceptual sort of
presentations that were given and they look nothing like this project. I've gone online and I have found `Florida
Forever' dollars through the State of Florida for environmentally sensitive projects and it appears to me that
Seminole County has collected hundreds of thousands of dollars from the State under these programs and I'm
confident that at the time they applied for those programs and more importantly at the time this project, Jetta Point
was ranked out competitively against many other projects around the State, it would not have fallen in the ranking
that it received, had the State envisioned Astro Turf and this type of a project.
CITY OF WINTER SPRINGS. FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 16 OF 30
I'm confident that that was not what was intended. Unlike many other instances, these beautiful residential
subdivisions have been there for many years. They were before this park was ever proposed. And probably the
best and the final argument I am going to say in opposition to this park is that until this Board was asked to do a
special pigeon hole amendment to it's own land development regulations to permit this type of a government park
facility in the commercial zoning district and until this Board had to change their own Zoning Ordinance to make
this round peg fit into square hole or a square peg into a round hole. It was never even a Permitted Use to begin
with. And I would just say that my experience has been when you start sort of monkeying with that and trying to
do little spots and plug in little exceptions and sweetheart deals, nine times out of ten it comes back to haunt you.
The tax and revenue base for this City would be greater, the probability of future expansion in that economic
corridor that you're trying to promote there as part of that PUD (Planned Unit Development) would far better
served without a commercial sports complex going in there. For the life of me, when I drive around Heathrow
and other facilities, I do not see a mega softball sports complex in or around or promoting a Heathrow type of
professional office environment. The type of buildings that would generate, sustain revenue, I am told of at least
three - quarters of a million dollars ($750,000.00) just for this parcel of land alone.
So, I'm requesting that the Board strongly, strongly deny this and ask Seminole County to go someplace else.
And if you look at the October 23` 2006 letter from the Seminole County Chairman, to the Chairman of — or
excuse me - from the Seminole County Manager, to Manager McLemore from Winter Springs, they put right in
there that if they don't get their four (4) softball fields and the overhead lighting, and the four (4) multi -use fields,
that they would withdraw their Application, and they'll go someplace else. So, they've kept the door open, please
do the right thing for the citizens of Winter Springs and reject this Plan. It's gone too far as it is."
Mr. Jay Clay, 144 Peregrine Court, Winter Springs, Florida: commented, "This is one of those `NIMBY' things,
`Not In My Back Yard'. You - probably didn't notice it on that picture that Mr. Cannon had up there, but that
trail that leaves from the ball parks over to the Cross Seminole Trail, is to my back yard. When all the time they
talked about this, they said, `We're not going to impact on any previous agreements'. One of the previous
agreements we had is that those trails were not going to be used after dark, after dusk, but they have this very nice
trail coming over there. Problem, I've got the Trailhead, when the trail goes up and intersects with (State Road)
434, is also the entry way to all these 500 parking spots they're supposed to be using for the ball fields.
And, I have a feeling that people are going to find it easier to use the Trailhead, come down (Cross) Seminole
Trail go in through that very nice walkway that they've planned to put in there for what reason; I have no idea, if
it wasn't designed to make it easier to get back and forth from that extra parking area. I was talking to the people
at the meeting on the 28 and I just asked simple questions. I said, `What's that for ?' `Oh, we thought you'd like
to have that.' Did anybody raise their hand and say, `I'd like to have that ?' I don't think so. And the problem
I've always got is when you allow somebody to do something that's a little bit out of the ordinary, other people
are going to come along behind it and start making that footprint bigger and bigger. So, I would — I would, if
there is some way to deny their Application for an Amendment to the Comprehensive Plan, and you have that
power, I would encourage you to do that. Thank you very much."
Mr. Torn Koza, 121 Goshawk Terrace, Winter Springs, Florida: stated, "Jay (Clay) is a neighbor of mine and my
wife Carol and I have been a member of — or a resident of Winter Springs for the last thirteen (13) years and we
love the community; and one of the biggest things that we really were attracted with it was the fact of the eagles
as was presented earlier. And it's only been recently that they've come back after the 2004 hurricanes that came
through; and the City ended up using that property for the devastation of a lot of the trees, of which I
unfortunately had a couple of trees on our house because we do have - the woods behind us. So, it's a beautiful,
quiet community.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 17 OF 30
But what's been presented and so far accepted, I find it absolutely outrageous, just outrageous. You're
responsible for that and I am kind of ticked off. So, I'm not going to say much more, other than the fact that it's
going to impact us, our tax base, our home values, and down the road, our taxes, too. And, I hope you guys
reconsider it, even if the County wants — you know, it's interesting too, is with the eagles and the fact that the
State protects them. We couldn't even build our house for a certain period of time because of the nesting of the
eagles. Today, we're going to keep them up till ten o'clock. Are you going to be moving them - the eagles later,
kids, or whatever? This is bologna."
Mr. Bill Tillmann, 119 Goshawk Terrace, Winter Springs, Florida: said, "Thank you Mr. Mayor, Commissioners.
Going to implore you to represent us well in this matter. I can see from the nods, in response to the outstanding
presentation, that my neighbor, Mr. Cannon presented this evening, that all of you have empathy for our situation.
I'm going to have to highly encourage you to use the talents, the skills that you have to bring about a cease and
desist to this project. You've heard Mr. Cannon already, very clearly articulate other ways to bring about a good
result in this matter that would satisfy Seminole County's desires to have this project move forward and to not
impact your citizens.
My wife and I have lived there four (4) years in Eagle's Watch. We tell all of our friends all the time what a
magnificent community it is and it is and I congratulate you on the development of that project. But, if you allow
this project to move forward, you're already hearing what might come about as a result of that. All of the
disturbances, all of the lighting, the additional police presence that will be required in our perfectly sedate
community that all of us enjoy here. We don't want to lose that opportunity to continue to be able to tell all our
friends about how wonderful it is to live in Winter Springs, particularly in Tuscawilla; and so, would you please,
please do all within your power to bring about an end to this. Thank you very much."
Mr. Donald Parker, 203 Nandina Terrace, Winter Springs, Florida: stated, "Mr. Mayor, City Commissioners,
thanks for taking the time to listen to my concerns — in the Howell Creek Reserve subdivision and I have written
recently, an email to all of you; so I really don't want to sit up here and re -hash it other than to reiterate, I hope
you take my concern seriously. And I also sat here concerned earlier when you said that you don't think there is
much you can do about it; and I think you're grossly under - estimating your abilities as Elected Officials. You
have a lot more power than you think you do in negotiations with Seminole County. They need your input on
many projects that you do on a regular basis.
They need your support on lots of things and partnerships. There is so much blighted space in Seminole County
that would be ideal locations for this from a revitalization standpoint. We have a golf course in Winter Springs
down the street here that's blighted, that's just sitting, being overgrown. The front half of that is right along
(State Road) 434. I looked down (US Highway) 17 -92 and look at other locations that are completely blighted.
Run -down shopping centers that have virtually no tenants that could easily be renovated to accommodate these
properties.
As Elected Officials, you yourselves should sit there and say, `You know what, this just isn't right. It's just not
fair to the citizens who live in these really nice communities'. It's going to destroy the property values of our
homes. Are all of you going to be happy with the reduction in tax revenue, because all of a sudden our properties
are worth a third less? I don't think so. I know I'm not going to be happy with that.
My daughter played club sports for years. I traveled all over the southeast United States attending her
tournaments. The one thing that I always learned was when you sit there and plan for attendance, multiply it by
five (5). It's never what you anticipate. If they're going to put 500 parking spaces there, I flat guarantee you,
they'll need 4,000. 1 looked at his Land Use map, which I also got online. You think that parking will be limited
there? People will be parking along Vistawilla Boulevard, in the grass, they will destroy the landscape. They will
park in neighborhoods of Chelsea Woods and walk down the trail. They will park anywhere they can in close
proximity and they will do destruction and damage to all of the landscaping of the people's yards.
CITY OF WINTER SPRINGS. FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 18 OF 30
It will be a burden on our Police force. It will be burden on our Emergency Services. All of our Police will be
required to direct traffic. All of our Police force will be required to be called into neighborhoods with people
complaining constantly, `There's a car in my yard. Would you please come ticket this ?' Would you please come
tow it ?' It's a ridiculous concept to even consider this at this location. Thank you for your time."
Mr. William Maish, 144 Nandina Terrace, Winter Springs, Florida: stated, "And I appreciate you letting me
speak. As it's been said before, this is just the wrong place. It's not big enough for it, what's proposed. It's
going to affect property values, not just mine, but a lot of people; a lot of neighborhoods and it's going to tax the
resources. But you know, when I came here from Chicago, I had a few criteria that I used when I picked the
house - a beautiful neighborhood with a trail and wildlife close by, and good access to roads. We're going to lose
the beautiful neighborhood. We're going to lose the eagles and it's just not sustainable. We can't handle a Park
with PA (Public Address) systems running till ten o'clock at night and the lights on and all the use that's going to
be on that land. There are other places that are better. Thank you for considering it."
Ms. Rebecca Maish, 144 Nandina Terrace, Winter Springs, Florida: commented, "And thank you for being
willing to listen to us this evening. One of the things that we're talking about is the density of the activities that
are going to be happening. And, we've lived at our location at 144, which backs up against the conservation land
and then on the other side of that, after we moved in, the apartment buildings were built back there. We don't
hear much from them, but I will say that it has impacted the wildlife that we use to see. In the area, in the last
over ten (10) years that we've lived there, we've seen the eagles of course. There are hawks, turtles, even
tortoises and before the apartments were built, we had a female fox and her kits that we saw once in our backyard.
After the apartments were built back there, we haven't seen anything like a fox there and that was probably eight
(8) years ago now. So, I know that humans and the density of human activity does interfere with wildlife activity.
And that is one of the reasons that we chose to live where we live is wildlife nearby; the trail nearby, which is
only used daylight hours and it is also - because it is limited access to it, a place that I feel safe walking with my
dog or a friend or whatever. I can tell you that I would not feel safe with having that amount of people having
access to that trail. And, it would make my quality of life go down and able to use the neighborhood amenities
that we have available to us now. Thank you and I do hope that you'll consider finding another way to have this
not built on that location."
Mr. Terry Even, 106 Marsh Creek Cove, Winter Springs, Florida: stated, "And I thank you for the time to
address this issue with Jetta Point Park — and I am the current Vice President for the HOA (Homeowner's
Association) of both Howell Creek Reserve and Eagle's Watch. I am here representing both of those
communities. We have heard from a large number of our members, residents, excuse me, as you have well heard,
all opposing the Park and I'm here to represent them on that. We strongly believe that a Park of this magnitude is
a good idea, but it's the wrong location. I can go into a lot of details, but they've all been covered already, so
there is no sense in doing that. So, I'd like to conclude with an opposition to the Park. Thank you for your time."
Mr. Jon Bean, 142 Peregrine Court, Winter Springs, Florida: remarked, "One thing I haven't heard addressed at
all tonight is the flow of excess water, rain water. We did hear at the informational meeting two (2) weeks ago
that there would be no more water go into our back yards than what already does. But what already goes into our
back yards is excessive. During Hurricane or Tropical Storm Fay, I had water about a foot and a half (11/2') deep
that I was able to divert around the side of my house so it didn't come through the sliders. But the two (2) ditches
that are there now, one (1) on either side of the Trail, the Trailhead going out to the parking lot, are insufficient to
carry the water away. When you add all the asphalt and now Astro Turf, I hadn't heard that before, I'm really
concerned that they don't have the calculations to be able to understand how much water really comes off that.
CITY OF WINTER SPRINGS. FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 19 OF 30
If you look at a topographical map, it goes downhill from (State Road) 417 all the way down to the creek.
Whenever we have severe rains, two (2) weeks ago we had an inch and a half (1 ' /2 ") of rain, the water perked
through our lot for three (3) days with an inch and a half (1 '' /2 ") of rain. You can imagine what happens when we
have hurricanes and tropical storms. So, from a water standpoint, I am really concerned that they don't have a
clue as to how much water is really already coming off that property; and something needs to be done to make
sure that our houses aren't flooded every time it rains.
And the last thing I would like to mention is that we need to make sure from a PA (Public Address) system, if this
goes through, that those speakers are aimed away from the houses totally. I mean, we're going to get a spillage of
the noise we hear cause the wind blows from the east, so we get the traffic noise off of — (State Road) 419 all the
time. Add to that — (State Road) 417, add to that, the noise from the announcements and all that kind of stuff, it's
not going to be a great thing. So, if we can have those speakers, if we've got to have the Park, let's have them
focus down or back to the east so that at least they'll be going against the wind. Thank you very much."
Mr. Paul Huston, 170 Nandina Terrace, Winter Springs, Florida: commented, "I have noticed in the history and
current status of Jetta Point Park, the item dated 5 -3 Application for a Large -Scale Comprehensive Plan
Amendment received from Seminole County. It sounds to me that they are still questing after permission to do
this plan, to complete this project. One, just one comment and I know Mr. Brown appreciates where I may be
coming from on this subject because he has a sign in his front yard, about Amendment 4. If Amendment 4 were
in effect today, my interpretation is that this would have to a Referendum. That the citizens of Winter Springs
would have to Vote on it because it is in fact a change to the Comprehensive Plan, am I correct or incorrect ?"
Mayor Bush stated, "Correct."
Mr. Huston continued, "So, this could be quite a campaign coup for the pro- Amendment 4 people, my point of
view. But, I concur with everything else that's been said tonight. It's just this ill- conceived, very little foresight
as the consequences of — as to the consequences of what this project will be as an impact on the neighborhoods,
ours and Oviedo. Thank you."
Ms. Pam Carroll, 865 Dyson Drive, Winter Springs, Florida: remarked, "I'm speaking as a citizen, not as the
President of the THOA (Tuscawilla Homeowner's Association). I've received some emails and concerns and
spoken on the phone and I admit I haven't paid as detailed enough attention to Jetta Park and how close it was to
these neighborhoods. Having recently become more aware and not aware enough, it bothers me as a citizen that
our City of Winter Springs' Police Department would have to police the activities at a Park if we were to go there;
a fight breaks out, Winter Springs Police Department has to respond.
Our tax dollars are used to pay for the Police support and their salaries and equipment with no reimbursement
from the County and yet the County's reaping the rewards of the tax. They don't pay us taxes. It also bothers me
that the City is looking at this in a different way. They're not being consistent with their own policies of parks in
our area. The Sam Smith Park and Trotwood are only daytime use and I see this is going to go at ten o'clock at
night, loud speakers, lights, traffic, voices, `Hey, good night. It was a great game', etc.
So, to see our City not be consistent after we know the battles we've had with late night or too late or headlights
trying to maintain soccer games at Trotwood Park a little bit later, a little bit later, soccer balls coming over a
fence. And it bothers me and I think you know, that I love nature, I have foxes still in my back yard. I have owls,
I have eagles, but to see eagles disrupted would really be a shame. The impact on our residents seems negative,
negative, negative and I behoove this Commission to go back to the County and say, `This is not the right
location'. Thank you."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 20 OF 30
Mr. Josh Peterson, 651 Saranac Drive, Winter Springs, Florida: stated he lived in the community of "Chelsea
Woods, so I am glad to speak because I don't think we've had anyone here from our neighborhood yet - to
introduce myself, I'm a licensed Professional Engineer; so I am not going to speak very well, being an Engineer.
And I don't know how this is done, but I'm going to try to ask, if it's alright, I would like to ask some questions
after we're done or after I present my comments.
I moved here from Sanford about a year ago, so I'm a recent resident. And the reason I moved here was because I
have two (2) young children, two (2) and four (4); so, I've been very pleased and I wanted to thank you for
everything you've done here in the City along the lines of parks. The park facilities are excellent and when I
heard there was going to be a new Park up at Jetta Point Park, I thought `Great, I'll take my kids to the Park, it
will be wonderful'. But I think what you are hearing today and I really would like to thank Mr. Cannon for doing
all the research and legwork that he's done, is that we had a bait and switch basically from Seminole County and I
think that's become very apparent that not only new residents, but older residents were not informed of what kind
of Land Use this was going to be. So, you know it's not the right place.
Eighty foot (80') high lights, sound, noise coming from a big softball, athletic field. I live right back - I back up to
(State Road) 417 and my neighbors are very upset about (State Road) 417 because it was built after the
neighborhood. But, the noise that comes from that is nothing that compared to the Oviedo High School football
games, alright. So, we're talking about putting a big athletic field much, much closer than the Oviedo High
School is to the neighborhoods. That's going to be you know a much greater amount of noise. So, I'm not going
to retread all those points.
I guess what I would like to do is — one (1) other thing I wanted to mention is, like I said, I'm the only one here
from my neighborhood that I know of, but I speak for at least ten (10) other houses that I know couldn't make it
tonight. And, I think, just from looking around, you know this is a small percentage of the people that are going
to be upset if this goes through. It's going to be firestorm. So, given, that I can see you nodding your heads, I
feel like you are sort of realizing this is a bad idea, or at least that the public here feels that way, so I'd like to
know what is possible to be done. You started the Meeting by saying we can't do anything. So what, where do
we go from here ?"
Mayor Bush replied, "I don't think that we can answer that question right now. I think the Manager is going to
have to do some research on this - my attitude is I think the Commission understands where everybody is coming
from. I don't think they doubt about that. But, what can we do about, I don't know and I don't think any of the
Commissioners know either at this point. And I think Kevin (Smith), our Manager and our Attorney are going to
have to look at this and see what can be done. What you can do, all of you is go to the County Commission, just
like you came here. Because you convince three (3) of those people up there not to do it, and it's dead. You
don't have to worry — I don't know what we can do, but I know if you can convince three (3) County
Commissioners, that Park will never go there because it takes three (3) of them to do anything. But, you've got to
show up there, just like you did here."
Further comments.
Mr. Sant Johnson, 679 Vistawilla Drive, Winter Springs, Florida: responded, "I would like to concur with
everything that has been said tonight. I strongly oppose this action and implore you please, whatever you can do
politically, legally to stop this, I am requesting that you do so. One issue that has not been addressed tonight and
is a very concern to me is the infrastructure to support this kind of a project, particularly, the sewer. Where is this
sewage going to go? Already you have communities on a sewer line that goes down Vistawilla Drive, they're on
that line, that line was not designed to carry those neighborhoods that are already on there.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 21 OF 30
I mean when Vistawilla Drive used to dead -end at the railroad, that's what that sewer line was designed to carry.
Now that you've opened that up, added those neighborhoods, a shopping center, a gas station, office building, it's
my understanding that all of these ...
Tape 2 /Side A
... residences and businesses still go on this line that was designed for much, much less. I've talk to the City,
they've told me, that `Yes, you need a force main'.
I've had some personal problems with the City cause it's caused me a problem and some of my other neighbors, a
sewage problem and they say they can't do a force main for another eighteen (18) months - cause that's when it's
budgeted for. You know - how can you allow this to happen and just over tax on infrastructure - with the Sewage,
Water, Police, Fire and Rescue, the additional wear and tear on our roads, it's not right. So please, do whatever,
what's in your power to stop this project. Thank you."
Mr. Greg Smith, 669 Saranac Drive, Winter Springs, Florida: commented, "Thank you very much for this
opportunity to go ahead and speak tonight. Just a few points to reiterate. I think number one (1) is basically you
all do have the power to go and oppose this Park here. I think you've heard enough from the citizens today to go
ahead and recognize that and do whatever you can and I think the County will take — recognize that also as a sign
that they need to look elsewhere.
Number two (2) is I would go ahead - and I've been at my residence for over twenty -two (22) years now. And
every November, I've had the pleasure of having the eagles come back. What's really overlooked by the Site
Plan is that from a permitting standpoint, the closest that any type of development can be from those eagles nest is
330 feet. The site plan actually shows that it would be roughly about a 150 feet. So, if they were actually going
to go ahead and recognize those off -sets, they could actually go ahead and lose anywhere from one (1) to two (2)
ball fields out there and I don't think that's been taken into account.
Also, I want to emphasize that, can you imagine what it would be like to have eighty foot (80') light towers in
your back yard? Just imagine that. During the day time, there is quite a bit of road traffic. Okay, so we don't
hear that, but at night, it actually gets fairly dark and it gets very quiet. So, I would like to invite every one of you
all to come to my house and imagine what it would be like when they have lights and screaming patrons and loud
speakers going on and imagine what that would do to your property values. Keep that in mind. It's not a good
place. I had the pleasure of attending the October 2006 meeting. At that time, there was mention about
subsequent meetings coming in place with more details. We never saw those meetings.
And one thing that Randy Morris mentioned at that meeting was that, `If the citizens didn't want the park there,
they would go ahead and sell it for development'. To me that would be a win/win situation if it has to go that far.
Basically, the County and the City get a tax base, we don't have the noise at night. Okay. We get a manageable
situation. And, that's what I think we ought do is go ahead, have the county swap it, go ahead and sell the
property, improve our tax base. In today's economic times, it doesn't make sense to have more non - taxable land
on our rolls. Okay? Anyway, thank you for your time, I appreciate it very much."
Mr. Chip Kaminski, 107 Golden Crest Court, Winter Springs, Florida: stated, "I've lived in Winter Springs my
whole life. I'm twenty -nine (29) years old. I was born in the Highlands as you know Mrs. Hovey, I was born in
the Highlands, I grew up in the Ranchlands and I bought my home in Eagles Watch. Okay, and one of the reasons
why I bought my home was because of this Park and because of that trail. It's upsetting to me to find out that
down the road, after we've gone through this process, this is morphed into a ball field, a complex, a sports
complex.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 22 OF 30
This is not a Park. We can't take - I'm hoping to have children with my fiance in the future and 1 would be upset
to say that we can go right around the corner to the Park that was supposed to be there and watch a NCAA
(National Collegiate Athletic Association) softball game. Not that I have anything wrong with a NCAA
(National Collegiate Athletic Association) softball game, I just think that if this going to be proposed to be used
by UCF (University of Central Florida) and NCAA (National Collegiate Athletic Association) teams, why doesn't
UCF (University of Central Florida) contribute to this? Why isn't it closer to UCF (University of Central
Florida)? Why isn't it in a place where people can stay overnight if they're going to be coming from out of town?
Okay?
Seminole County already has a softball complex, it's called `Seminole County Softball Complex' and it's located
in Altamonte (Springs), close to commercial venues, close to overnight staying, stuff like that. Okay, if you pull
up Google Earth, or you pull up Google Maps and ask for softball complexes in Seminole County, six (6)
locations come up. Okay. Lake Mary, Altamonte (Springs), Oviedo, all the places that have places to stay
overnight.
I don't know why this Park would be placed less than a mile from Central Winds, where we have absolutely
perfect parks that can retrofitted with maybe a quarter of the budget, to be used there to fund anything that you'd
want to use there. I don't understand why that's not a concept. And, it's upsetting to me that Winter Springs feels
as if we can't do anything about this, we can. You have a financial responsibility to these citizens and also to the
region that you live in, being the county. You're part of the County. Okay, so, you can stand up and say we have
a perfect complex at Central Winds to be used.
Okay, Oviedo, has two (2) locations. Out by UCF (University of Central Florida) they have multiple places to be
used. Altamonte (Springs), Lake Mary, all those places; they can be retrofitted with the money that's used for this
project. Not to mention, this was not intended to be a sports complex. It's morphed from a around the corner
land usage Park for the benefit of the citizens of the community to now a sports complex that isn't going to be
used by any of us.
I'll tell you right now the NCAA (National Collegiate Athletic Association) regulation fields, they're not going
just let you come and play around with your son or your daughter on those fields. They're going to be locked, all
the time. They are going to be maintained Astro Turf. That's an expensive process. I've played college baseball,
I know. The maintenance of these fields is going to be astronomical and the secondary effects to the community
is outrageous. We've just had a gentleman up here talking about the sewer, the water, the water run -off.
Seminole County has a first picture to purchase this Park. Okay, they're going to outlay the resources to pay for
the construction, but they're not going to look at the secondary effects it's going to come down the road, ten (10),
fifteen (15) years. We are. Okay, we are. Thank you."
Commissioner Krebs stated, "May I suggest with, of course, the agreement of the Commission that we have all
the Minutes here — but, we have the ability to have verbatim Minutes taken for this and then to have the City
Manager put it together in some type of document that is sent to the County with the questions, obviously some
people believe that, and maybe it is true, that some of what we were told in the beginning has changed or their
ideas have changed and actually, I would like to hear some responses from the County regarding those
accusations."
Mayor Bush replied, "I think that is a good idea Commissioner, but I want to just say I think it may would be
more important to see if there is anything that we can do to stop it." With further comments, Commissioner
Krebs noted, "We are the closest to the people so if they have come to us and they want us to act on their behalf to
see or talk to the County, at least we could put something in a document form and ask for some kind of answer
back from them — maybe we could post it..." Mayor Bush added, "...1 think what you are asking the Manager to
do is to come up with a document of the questions that were asked and forward them to the County Manager and
ask for a response. Is that correct ?"
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 23 OF 30
Deputy Mayor Rick Brown said, "I think they need to see the verbatim comments of all the citizens who have
spoken here tonight and probably will speak again next Meeting. I think they need to see that first hand; if not, be
provided an audio tape."
"I MAKE A MOTION THAT JUST AS WE HAVE DISCUSSED THAT WE HAVE THESE MINUTES
VERBATIM AND THEN A DOCUMENT CREATED BY THE CITY MANAGER TO BE SENT TO THE
COUNTY REGARDING THIS FOR A RESPONSE TO THESE QUESTIONS AS WELL." MOTION BY
COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION.
MANAGER SMITH REMARKED, "OBVIOUSLY, I WOULD BE HAPPY TO DO THAT. I THINK
THAT IS A FABULOUS IDEA. MAY I SUGGEST THOUGH OR ASK IF IT WOULD BE MORE
EFFECTIVE COMING FROM THE MAYOR TO THE COUNTY CHAIR OR FROM THE CITY
MANAGER TO THE COUNTY MANAGER ?" MAYOR BUSH STATED, "DO BOTH."
COMMISSIONER KREBS STATED, "MY MOTION WILL INCLUDE THE COUNTY MANAGER
AND THE COMMISSION."
VOTE:
COMMISSIONER BONNER: AYE
COMMISSIONER HOVEY: AYE
DEPUTY MAYOR BROWN: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
Commissioner Hovey explained, "Once we find out from the City Manager and the City Attorney what we can
and cannot do, it is up to you as citizens to contact your County Commissioners."
With further comments on contacting the Seminole County Commission, Deputy Mayor Brown asked Manager
Smith, "In addition, you are going to come back to us with where we are in the process. I know that they have the
Comp[rehensive] Plan change request."
Manager Smith stated, "The informational packet, that piece that we put out very succinctly summarizes that but
it's very summary informed, but yes, we will be coming back. If it were to move forward for example, we'd still
have to come to this Commission for Final Approval." Deputy Mayor Brown then added, "I also understand that
there is an active gopher tortoise population on that property. Is that correct ?" Manager Smith replied, "That is
my understanding also." Deputy Mayor Brown then asked, "So, there has to be a large scale relocation ?"
Manager Smith said, "I do not have the details of that, but it would have to be appropriately handled, absolutely."
Commissioner Krebs added, "They have to be relocated now. Yes."
Continuing, Deputy Mayor Brown stated, "When this came to light last week, I did put a call into Cynthia Sucher,
(Oviedo - Winter Springs Regional Chamber of Commerce) who is not only the President of our local Chamber of
Commerce but also the Associate VP (Vice President) of Public Relations at the University and asked her to do a
little research to find out what the tie was between - the County and the University and what she came back and
told me after doing some research is that the head of the Softball Department who was active in developing this
field or giving consulting services back to developing this field, that did happen, but she got word directly from
the head of the Government Affairs Division and also from the head of Athletics for UCF (University of Central
Florida), that there are no current contracts either being discussed or active between the County and UCF
(University of Central Florida) for the use of this field."
CITY OF WINTER SPRINGS. FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 24 OF 30
Deputy Mayor Brown asked, "Kevin (Smith), if you could get confirmation on that from the County..." Manager
Smith replied, "...Yes Sir..." Deputy Mayor Brown continued, "...To find out exactly what their thought process
is - the exact words were if a field was built, they may play one (1) or two (2) games out there, but there were no
plans to use it as their primary competition field."
Mayor Bush added, "I did talk to - County Commissioner (Carlton) Henley today about this and asked that we
have a representative from the County here at the Meeting." Mayor Bush then noted, "Hopefully, there is
someone from the County who can take back — what has been said here; so, I hope they did in fact send
somebody."
Commissioner Bonner asked Attorney Garganese about a Developer's Agreement. Attorney Garganese
explained, "There is a Development Agreement in the works as most often as when the case when Development
projects are Approved and those Development Agreements evolve over time as Applications proceed through the
process.
The County currently has their Final Engineering Application as you know in the process so as issues come up,
they get addressed in a draft Development Agreement which obviously is subject to the City Commission's
discretion on whether or not you want to Approve it as the issues come out on any development project. So,
that's - in the works as a matter of course, not as a matter of direction from the Commission at this stage."
Commissioner Bonner commented on verbatim Minutes, and suggested that a Workshop be held "And allow in a
Workshop forum for our neighbors to maybe talk with us about alternatives and what might be a more appropriate
use in their view as the neighbors of the land." Additionally, Commissioner Bonner noted, "I would love to
attend such a Workshop and listen to their thoughts about the best use for that land or even if it were to continue
forward as a Park, what the right Park would look like; so that we could have not only their concerns recorded but
also have their ideas captured and recorded."
Mayor Bush spoke of SeminoleWAY and stated, "The greatest opportunity that Winter Springs has to affect its
tax base is the development of the GreeneWay Interchange (District) which is (State Road) 434 and the
GreeneWay (Interchange District). Mayor Bush added, "I think this might be a — point that we can bring up with
the County Commission, because as the citizens said, `There's got to be another place to put this Park'."
Additionally, Mayor Bush suggested, "It might be an approach that each one of the Commissioners can take with
the County Commissioners and that we can maybe start a dialogue with the County on that, because this benefits
them too."
Manager Smith explained, "When you alluded to earlier and a lot of folks made comments about the City not
having the `Ability to do anything'; just to clarify, certainly there are some things we can do. But there are
challenges that we face and that any government faces when you have a proposed Developer come in and do
something on a certain piece of property."
Furthermore, Manager Smith added, "As long as the Developer meets those criteria, they have certain latitude to
build certain projects. Now, what the City can do as we alluded to earlier, is to impose restrictions through
Development Agreements and things such as that, and the City Commission certainly has the ability to come in
and make certain restrictions and demand certain things. But, I think that - what the point that's being made on
the dais here - is to be perfectly honest, the easier or the quicker route if you will to kill a project of this type, is to
have the owner, the County decide not to do it and I think that is the Mayor is referring to when he says the
Commission is going to speak to our County Commissioners; and Commissioner Krebs made the suggestion that
we take your sentiments and we deliver them to the County so they hear from you; but to also hear directly from
you, quite honestly, that's the kind of thing that can more quickly make a project like this not happen."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 25 OF 30
Commissioner Krebs remarked, "My thought is that if the County hears from us, the County hears from you, that
they are going to know what challenges they are going to face, when they come before us."
Mayor Bush called a Recess at 7:10 p.m.
The Regular Meeting reconvened at 7:21 p.m.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department
REQUEST: Requests The Commission Consider The Aesthetic Review For The Brighthouse Site
Renovation.
FISCAL IMPACT: Property Taxes Are Assessed On The Site And Should Increase With The
Improvements. The City Collects Taxes From Various Utilities. Permit, Plan Review, And Impact Fees
Will Be Collected.
COMMUNICATION EFFORTS: No Further Efforts Have Been Made For The Aesthetic Review, Beyond
Those Routinely Done By The City Clerk's Office.
RECOMMENDATION: STAFF RECOMMENDATION: Staff Recommends That The City Commission
Approve The Aesthetic Review Plans.
Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item for
discussion.
Mayor Bush asked Mr. Baker, "Will the vegetation as we see it here, be maintained. In other words - they have
got Reclaimed Water, are they going to use it to keep it green and looking decent. Is that in this Plan someplace
that makes it so it is going to continue to look like this ?" Mr. Baker responded, "They have to maintain it."
Attorney Garganese stated, "In the next Agenda Item when you are considering the Special Permit Order required
for this to happen, we can probably augment paragraph 6. which of the Consent Order or Permit Agreement that
requires the property owner to maintain the landscape appropriately and this Permit Order would give the
additional obligations on the property owner which would be recorded with the land."
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 `500'." MOTION BY COMMISSIONER KREBS. SECONDED BY
COMMISSIONER HOVEY. DISCUSION.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 26 OF 30
VOTE:
COMMISSIONER BONNER: AYE
COMMISSIONER HOVEY: AYE
DEPUTY MAYOR BROWN: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
PUBLIC HEARINGS
501. Community Development Department
REQUEST: Requests The Commission Consider The Special Permit For The Brighthouse Site
Renovation.
FISCAL IMPACT: Property Taxes Are Assessed On The Site And Should Increase With The
Improvements. The City Collects Taxes From Various Utilities. Permit, Plan Review, And Impact Fees
Will Be Collected.
COMMUNICATION EFFORTS: A Substantial And Conspicuous Sign Has Been Erected At The Site To
Notice The Public Hearing.
RECOMMENDATION: STAFF RECOMMENDATION: Staff Recommends That The City Commission
Approve The Special Permit For The Brighthouse Site Renovation And Authorize The City Attorney To
Make Any Necessary Modifications To The Special Permit Order Consistent With The Commission's
Direction.
Mr. Baker introduced this Agenda Item and stated, "We recommend Approval."
Mayor Bush asked Attorney Garganese, "Is this the change you made that you recommended, would come in ?"
Attorney Garganese responded, "Yes Mayor - under the `CONCLUSIONS OF LAW' section, on page 3,
paragraph 6., I would wordsmith that and require that the property owner maintain that landscaping appropriately.
I would craft some language that would be acceptable there."
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 `501' WITH THE ADDITION OF THE STATEMENT THAT ANTHONY
(GARGANESE) IS GOING TO ADD FOR THE LANDSCAPE TO BE MAINTAINED AS WE HAVE
BEEN SHOWN." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER
HOVEY. DISCUSSION.
VOTE:
COMMISSIONER HOVEY: AYE
DEPUTY MAYOR BROWN: AYE
COMMISSIONER BONNER: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 27 OF 30
PUBLIC HEARINGS
502. Office Of The City Attorney And Office Of The City Clerk
REQUEST: Request That The City Commission Consider The First Reading Of Ordinance Number 2010-
14, Which Revises Portions Of The City Code And Amends The Existing Uniform Requirements For City
Boards And Committees.
FISCAL IMPACT: No Funding Requirements Are Tied To The Approval Of This Agenda Item.
However, If This Ordinance Is Approved, For The Next Fiscal Budget, The City Will Save Approximately
$6,875.00 From Previous Years.
COMMUNICATION EFFORTS: The City Attorney And The City Clerk Have Corresponded With The
City Manager And Staff On This Agenda Item. Copies And /Or Access To This Agenda Item Have Been
Provided To The Mayor And City Commission, City Manager, City Attorney, City Clerk, Department
Directors; Placed In Press Packets; Placed In The Lobby Binder; And Will Be Available On The City's
Website, Laserfiche, And The City's Server.
RECOMMENDATION: The City Attorney And The City Clerk Request That The City Commission
Consider The First Reading Of Ordinance Number 2010 -14 And If Acceptable, Approve And Move It To A
Second Reading Which Will Tentatively Be Scheduled For May 24, 2010.
Mayor Bush asked, "Motion to read by `Title' only ?"
"SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR
BROWN. DISCUSSION.
VOTE:
DEPUTY MAYOR BROWN: AYE
COMMISSIONER BONNER: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER HOVEY: AYE
MOTION CARRIED.
Attorney Garganese read the Ordinance by "Title" only.
Continuing, Attorney Garganese stated, "This Ordinance is coming to you based on your direction at the Board
Workshop that we had. This Ordinance does several things. First, it repeals the twenty -five dollar ($25.00)
stipend for Board and Committee Members. This Ordinance also clarifies that each Board and Committee shall
be comprised of at least five (5) Seats. Each City Commissioner will have one (1) Appointment based on Seat
number and that that number will correspond with the City Commissioner's Seat. This Ordinance also increases
the term for Boards and Committees from three (3) years to four (4). In addition, the Ordinance proposes a Term
Limit on Board and Committee Members. The Tenn Limit would be three (3) consecutive full Terms of Office of
any one (1) Board or Committee. And, this Ordinance also staggers the Term for the Board of Trustees."
Mayor Bush opened the "Public Input" portion of the Agenda Item.
No one spoke.
Mayor Bush closed the "Public Input " portion of the Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 28 OF 30
"MOTION TO MOVE (ORDINANCE 2010 -14) TO SECOND READING." MOTION BY
COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION.
VOTE:
COMMISSIONER BONNER: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER HOVEY: AYE
DEPUTY MAYOR BROWN: AYE
MOTION CARRIED.
REGULAR AGENDA
REGULAR
600. Community Development Department
REQUEST: Requests That The City Commission Consider Brighthouse's Final Engineering /Site Plan
For Modifications To The Existing Brighthouse Facility On South Moss Road.
FISCAL IMPACT: Staff Believes That The Facility Contributes To The Winter Springs Economy And
Will Contribute Even More When The Up- Grades Are Implemented.
COMMUNICATION EFFORTS: The Planning And Zoning Board Agenda Of April 28, 2010 And
Commission Agenda Of May 10, 2010 Were Advertised In Accordance With City Clerk Policy Including
Posting On The City's Web Site And Laser Fiche. No Further Efforts Have Been Made For The Final
Engineering /Site Plan, Beyond Those Routinely Done By The City Clerk's Office. A Sign Was Posted At
The Site To Notice The Public Of The Public Hearing For The Special Permit.
RECOMMENDATION: The Planning And Zoning Board And Staff Recommend Approval Of This Site
Plan, Subject To Commission Approval Of The Special Permit Application.
Mr. Baker presented this Agenda Item and stated, "We the Staff and the P &Z (Planning and Zoning Board[ /Local
Planning Agency]) recommend Approval."
"MOTION TO APPROVE." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY
COMMISSIONER KREBS. DISCUSSION.
VOTE:
COMMISSIONER BONNER: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER HOVEY: AYE
DEPUTY MAYOR BROWN: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 29 OF 30
REGULAR
601. Office Of The City Attorney
REQUEST: Per The City Commission, The City Attorney Presents Information Regarding The Adoption
Of A Uniform Method For The Levy, Collection And Enforcement Of Non -Ad Valorem Assessments For
The Purpose Of Nuisance Abatement Reimbursement.
FISCAL IMPACT: The Seminole County Property Appraiser Has Indicated That It Does Not Charge
Municipalities For Its Services With Respect To Non -Ad Valorem Assessments. Therefore, The City's
Costs Would Be Limited To The Actual Costs Incurred By The Tax Collector, As Well As The City's
Upfront Costs Incurred In Paying A Contractor For Nuisance Abatement Work (Which Should Be
Reimbursed Through Collection Of The Non -Ad Valorem Assessments) And For Administrative Costs In
Noticing Property Owners.
It Should Be Noted That, Like Ad Valorem Taxes, Non -Ad Valorem Assessments Are Subject To Statutory
Discounts For Early Payment (For Example, Property Owners Receive A 4% Discount If They Pay In
November, A 3% Discount If They Pay In December, A 2% Discount If They Pay In January, And A 1%
Discount If They Pay In February, Per Section 197.162., Florida Statutes). The City Should Consider
Accounting For Such Discounts So That If A Property Owner Pays Early And Receives A Discount, The
City Is Reimbursed For The Full Amount It Paid The Contractor For Nuisance Abatement Services.
COMMUNICATION EFFORTS:
RECOMMENDATION: The City Attorney Recommends That The City Commission Provide Direction
On Whether To Draft An Ordinance To Permit The City To Levy, Collect And Enforce Non -Ad Valorem
Assessments For The Purpose Of Nuisance Abatement Reimbursement.
Attorney Garganese commented, "This is an item that the City Commission requested some information on. Just
very generally as you know, the City from time to time must abate nuisances on private property when those
situations occur.
The City incurs expenses, ordinarily after the City incurs the expenses, the City will bill the property owner for
the cost that the City incurred in abating the nuisance and if the property owner doesn't pay, the City will record a
Lien against the property. The City will recover funds generally when the properties are sold and the property
owner needs the Lien released. You asked for alternative ways in which to collect that money. One alternative
way is to adopt a Non -Ad Valorem Assessment and in the Agenda Item, I laid out generally what that process
would be.
The City Commission would need to Adopt an Ordinance authorizing the levy of a Non -Ad Valorem Assessment
for unpaid expenses the City incurred in abating a public nuisance. And, if the City must abate a public nuisance
in any given year and the property owner doesn't reimburse the City for the expenses, the City will have to go
forward and Approve a Non -Ad Valorem Assessment Roll for those specific properties that have unpaid
Assessments only."
With further comments, Attorney Garganese noted, "It would be another hurdle for the City every year. We'd
have to keep an ongoing list during the year and make sure come Assessment Roll time, that those unpaid
Assessments are brought to you for Approval in a Public Hearing and then sent to the Tax Collector just like any
other Assessment and would appear on the property owner's tax bill, when that tax bill is issued."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 10, 2010 PAGE 30 OF 30
Mayor Bush asked, "Since you mentioned there is some bookkeeping involved, we are not going to be incurring
more costs ?" Attorney Garganese replied, "This is going to go on their tax bill." Lastly, Attorney Garganese
added, "Generally, putting it on the tax bill is probably the most effective way that the City has to collect any
money from property owners." Manager Smith added, "There would be some Staff time involved, but it is a cost
benefit."
"I WOULD LIKE TO MAKE A MOTION THAT WE ASK THE CITY ATTORNEY AND THE CITY
MANAGER TO COME BACK WITH AN ORDINANCE ENACTING THIS." MOTION BY DEPUTY
MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER HOVEY: AYE
DEPUTY MAYOR BROWN: AYE
COMMISSIONER BONNER: AYE
MOTION CARRIED.
•• AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS HEARD NEXT,
AS DOCUMENTED. ••
REPORTS
REPORTS
407. Office Of The Mayor — The Honorable John F. Bush
Mayor Bush asked if the upcoming Workshop on the Charter Review could possibly be re- scheduled. With
further discussion on an option of Mayor Bush calling in, Mayor Bush summarized, "I will be on the phone next
Monday."
ADJOURNMENT
Mayor Bush adjourned the Regular Meeting at 7:37 p.m.
RESP, G'TFULLY SUBMIT '1 ED:
ANDREA LORENZO -L DACES, MMC CITY CLERK AND
�QA ROWN
DEPT CITY CLERK
APP ig ED:
MA O JOHN F. BUSH
NOTE: These Mir ,lit were approved at the June 14, 2010 City Commission Regular Meeting.