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HomeMy WebLinkAbout_2007 08 13 City Commission Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING AUGUST 13, 2007 CALL TO ORDER The Regular Meeting of Monday, August 13, 2007 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 Sally McGinnis, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Donald A. Gilmore, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, absent Mr. Kip Lockcuff, P.E., Director, Public WorkslUtility Department, present City Attorney Anthony A. Garganese, present A moment of silence preceded the Pledge of Allegiance. .:. .:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEMS '100', '101', AND '102' WERE DISCUSSED FIRST, AS DOCUMENTED. .:. .:. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13, 2007 PAGE 2 OF 25 INFORMATIONAL 101. Office Of The City Manager Seminole County Economic Development Department Request To Provide The Commission With Information Regarding Florida's Brownfields Redevelopment Program And How It Could Affect Winter Springs. No discussion at this time. INFORMATIONAL 102. Parks And Recreation Department Wishes To Inform The City Commission About The Schedule For The Winter Springs Hometown Harvest Special Event. Discussion. .:. .:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEM WAS DISCUSSED AND VOTED ON INDIVIDUALL Y, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:. .:. INFORMATIONAL AGENDA INFORMATIONAL 103. Public Works Department Providing the City Commission With Information Regarding The City's Independent Technical Review Of The Florida Turnpike's Draft Noise Study For The Proposed Seminole Expressway (State Road 417) Widening Project. Commissioner Robert S. Miller suggested that a Survey be done on a cold December day with lower humidity. With discussion, Mr. Brian Fields, P.E., City Engineer, Public Works Department stated, "We can ask our Consultant that prepared this Report - for an opinion as to whether he thinks that would be - beneficial." "I WOULD LIKE TO MAKE IT A MOTION THAT WE INCLUDE THAT IN THE CONSULTANT'S DIRECTION THAT - HE DO THIS DELIBERATELY- OR TRY TO GET THE INFORMATION INTRODUCED." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13, 2007 PAGE 3 OF 25 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Commissioner Donald A. Gilmore asked about the date and time when the Meeting was being held. Mr. Fields noted, "We can find out." Commissioner Gilmore requested that he be informed. INFORMATIONAL 104. Utility Department Informing The City Commission Of The Requirement For An Addendum To The 2006 Annual Drinking Water Report. There was no discussion on this Agenda Item. Mayor Bush stated, "Can we have a Motion for approval on the Informational" (Agenda Item '100', '101', '102', and '104')? "SO MOVED." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Office Of The Mayor Asking The City Commission To Review And Approve The Attached Resolution 2007-30 Related To Supporting SeminoleW A Y. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13, 2007 PAGE 4 OF 25 CONSENT 201. Office Of The City Clerk Requesting Approval Of The July 17,2007 City Commission Workshop Minutes. There was no discussion on this Agenda Item. CONSENT 202. Office Of The City Clerk Requesting Approval Of The July 18,2007 City Commission Workshop Minutes. This Agenda Item was not discussed. CONSENT 203. Office Of The City Clerk Requesting Approval Of The July 23, 2007 Regular City Commission Meeting Minutes. No discussion. CONSENT 204. Office Of The City Clerk Requesting Approval Of The July 24, 2007 Special City Commission Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 205. Office Of The City Clerk Requesting Approval Of The July 30, 2007 City Commission Workshop Minutes. This Agenda Item was not discussed. CONSENT 206. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Apply For A Recreational Development Assistance Program Grant For Central Winds Park (Dog Park) On Behalf Of The City Of Winter Springs. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13, 2007 PAGE 5 OF 25 .:..:. AGENDA NOTE: CONSENT AGENDA ITEMS '207', '208', '209', '210', '211', AND '212' WERE DISCUSSED NEXT, FOLLOWED BY A VOTE THAT RELATES TO THESE AGENDA ITEMS, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:..:. CONSENT AGENDA CONSENT 207. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The City Of Winter Springs Recreation Program Agreement With The Winter Springs Youth Sports Organization. Please see Motion that follows Consent Agenda Item "212" which also includes this Consent Agenda Item. CONSENT 208. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The City Of Winter Springs Recreation Program Agreement With The Winter Springs Basketball League. Please see Motion that follows Consent Agenda Item "212" which also includes this Consent Agenda Item. CONSENT 209. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The City Of Winter Springs Recreation Program Agreement With The Florida Soccer Alliance Inc. (FCA). Please see Motion that follows Consent Agenda Item "212" which also includes this Consent Agenda Item. CONSENT 210. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The City Of Winter Springs Recreation Program Agreement With The Winter Springs Futball Club, Inc., Affiliate Of Central Florida United Soccer Clubs. Please see Motion that follows Consent Agenda Item "212" which also includes this Consent Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13,2007 PAGE 6 OF 25 CONSENT 211. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The City Of Winter Springs Recreation Program Agreement With The Winter Springs Grizzlies, Inc. (Football). Please see Motion that follows Consent Agenda Item "212" which also includes this Consent Agenda Item. CONSENT 212. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The City Of Winter Springs Recreation Program Agreement With Seminole Lacrosse League An Affiliate Of US Lacrosse-Orlando, Inc. Deputy Mayor Sally McGinnis stated that regarding "207 through 212 - it is one (1) comment that will pertain to them all." Deputy Mayor McGinnis added, "I will just discuss it because it does pertain to everyone (1) of these Agreements. You are talking about a two (2) year Agreement and with the addition of a five dollar ($5.00) Fee per City resident and fifteen dollars ($15.00) per non-resident - my concern is we don't know what is going to happen to the Referendum." Deputy Mayor McGinnis added, "I am not happy with a two (2) year Agreement - have you thought about a one (1) year with an option to raise it at the end of that period, depending on what the status is with the City at that time?" City Attorney Anthony A. Garganese suggested, "We could probably put some better language in the Agreement to specifically address your concern - we want to come back and look at the Fees after the first year. You can sign a two (2) year Agreement, but review the Fees again - at the end of year one (1)." "I MOVE THAT WE PUT LANGUAGE IN THERE THAT WE CAN ADDRESS THAT FEE SCHEDULE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13,2007 PAGE 7 OF 25 CONSENT 213. Not Used. CONSENT 214. Office Of The City Manager Requesting The City Commission To Adopt Resolution 2007-36 Expressing Appreciation To The Members Of The Ad Hoc Winter Springs Citizen Property Tax Reform Mitigation Study Committee. No discussion. CONSENT 215. Public Works Department Requesting Authorization To Hire Inliner American, Inc. To Perform Storm Sewer Line Rehabilitation By Piggybacking Off Orange County Project Number Y 4-.1082- J2. Brief discussion. CONSENT 216. Office Of The City Clerk Requesting Approval Of Resolution Number 2007-31 Expressing Appreciation To Ethel Beecher For Her Service On The Beautification Of Winter Springs Board. No discussion. CONSENT 217. Office Of The City Clerk Requesting Approval Of Resolution Number 2007-32 Expressing Appreciation To Kathryn Fairchild For Her Service On The Board Of Adjustment. There was no discussion on this Agenda Item. CONSENT 218. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13,2007 PAGE 8 OF 25 CONSENT 219. Public Works Department - Capital Projects Division Requesting Approval Of The Subsequent Contract Agreement With Progress Energy For Installation Of Steetlights Phase 3 And 7 As Part Of The Tuscawilla Lighting And Beautification District TLBD Phase 2 Beautification Project. This Agenda Item was not discussed. CONSENT 220. Police Department Requesting The Commission To Give Approval For The City Manager And Police Chief To Renew The Annual School Resource Officers Inter-Agency Agreement Between The City Of Winter Springs And Seminole County School Board. Brief discussion. CONSENT 221. Office Of The City Clerk Requesting Approval Of Resolution Number 2007-33 Expressing Appreciation To Denise Ritchey For Her Service On The Beautification Of Winter Springs Board. There was no discussion on this Agenda Item. CONSENT 222. Office Of The City Clerk Requesting Approval Of Resolution Number 2007-34 Expressing Appreciation To Linda Tillis For Her Service On The Planning And Zoning/Local Planning Agency Board. This Agenda Item was not discussed. CONSENT 223. Office Of The City Clerk Requesting Approval Of Resolution Number 2007-35 Expressing Appreciation To Brantley Tillis For His Service On The Tuscawilla Lighting And Beautification District Advisory Committee. No discussion. "MOTION TO APPROVE [REMAINING] CONSENT" AGENDA ITEMS. MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13, 2007 PAGE 9 OF 25 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 300. Not Used. Mayor Bush spoke of an Award given to the City of Winter Springs from a recent Seminole County Regional Chamber of Commerce meeting. .:..:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEM WAS ADDRESSED AGAIN, AS NOTED NEXT. .:..:. INFORMATIONAL AGENDA INFORMA nONAL 101. Office Of The City Manager Seminole County Economic Development Department Request To Provide The Commission With Information Regarding Florida's Brownfields Redevelopment Program And How It Could Affect Winter Springs. Mr. John Metsopoulos, Seminole County, US 17-92 RA Program Manager, 1055 AAA Drive, Suite 145, Heathrow, Florida: commented on this Agenda Item and pointed out, "We're not calling it a 'Brownfield'. We don't have to call it a 'Brownfield', there is a negative connotation with 'Brownfields'." Mayor Bush asked about the improving of Florida Avenue. Mr. Metsopoulos responded, "I can look into that and get back to you." Mayor Bush asked that Commissioner Miller be informed. REPORTS REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13,2007 PAGE 10 0F25 REPORTS 401. Office Of The City Manager - Ronald W. McLemore Mr. Kip Lockcuff, P.E., Director, Public WorkslUtility Department, sitting in for City Manager Ronald W. McLemore said, "No Report." REPORTS 402. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Andrea Lorenzo-Luaces mentioned the next City Commission Budget Workshop was scheduled for next Thursday, August 23rd, 2007 at 6:30 p.m. REPORTS 403. Office Of The Mayor - John F. Bush Mayor Bush commented on the approval of the School Resource Officer Contract. Next, Mayor Bush mentioned a Seminole County luncheon on September 13th, [2007], and if you want to attend, let Andrea (Lorenzo-Luaces) know. Mayor Bush then spoke of the next CALNO (Council of Local Governments in Seminole County) Meeting. REPORTS 404. Commission Seat One - Robert S. Miller No Report. REPORTS 405. Commission Seat Two - Rick Brown No Report. REPORTS 406. Commission Seat Three - Donald A. Gilmore No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13, 2007 PAGE II OF25 REPORTS 407. Commission Seat Fourffieputy Mayor - Sally McGinnis Deputy Mayor McGinnis asked that the red light camera issue be fast tracked. Mayor Bush then asked Mr. Lockcuffto remind Chief of Police Daniel J. Kerr to get this on the next Agenda. REPORTS 408. Commission Seat Five - Joanne M. Krebs No Report. PUBLIC INPUT Mr. Patrick Rubb, 231 Blue Creek Drive, Winter Springs, Florida: as the President of the Chestnut Estates Homeowner's Association, Mr. Rubb spoke of noise and the 417 widening project; affected property values; and the need for noise abatement structures. Ms. Elizabeth Larsen, 1007 East Pebble Beach Circle, Winter Springs, Florida: suggested that the proposed Cell Tower be placed east of the tennis courts. Mr. Barry Rhind, 987 Troon Trace, Winter Springs, Florida: commented on his wife's assault and that she had no coverage on her cell phone during her assault; and commented that this was an issue of safety. Dr. Lisa Ann Utsey, 1316 Augusta National Boulevard, Winter Springs, Florida: agreed with the need for a Cell Tower. Mr. Bob Martyanik, 933 Glen Abbey Circle, Winter Springs, Florida: said he was in favor of the proposed Cell Tower. Mr. Leo McCloe 1052 East Pebble Beach Circle, Winter Springs, Florida: mentioned he was not against a Cell Tower but was against the concept; and was concerned with the fiduciary interests of the Tuscawilla Country Club. Ms. Joyce Johnson, 1011 West Pebble Beach Circle, Winter Springs, Florida: mentioned she cannot get cell phone coverage inside her residence and has to go outside. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13, 2007 PAGE 12 OF 25 Mr. Phil Karr, 1323 Augusta National Circle, Winter Springs, Florida: spoke of coverage; use of his cell phone; testing of cell phones; and suggested there were other locations for the proposed Cell Tower. Dr. John Hogan, 105 Arrowhead Court, Winter Springs, Florida: as the Vice President of the Arrowhead Homeowner's Association, Dr. Hogan spoke of the Ordinance; and tier locations. Tape I/Side B Dr. Hogan then commented on Tier Two sites and asked the City Commission to reject this Application. Mr. Larry Humes, 1633 Tiverton Street, Winter Springs, Florida: complimented the City Commission on the proposed incubator project and said that the infrastructure would be needed. Mr. Jeff Zimmerman, 215 Stratford Drive, Winter Springs, Florida: was opposed to the proposed Cell Tower based on the suggested location and the possible loss of aesthetic beauty. Mr. Richard Van Smith, 1313 Deer Run, Winter Springs, Florida: suggested technology be embraced and that cell phone access be more available. Ms. Isabelle Laub, 1372 Blue Spruce Court, Winter Springs, Florida: mentioned that the proposed Cell Tower should not go on the Country Club property. Mr. Jim Braun, 104 Arrrowhead Court, Winter Springs, Florida: commented on a questionnaire that was sent out. Mr. Dan Gilmartin, 891 Sterling Drive, Winter Springs, Florida: noted that he wanted to enclose his screen porch and did not think the Variance Fee was necessary. Mr. Nick Ali, 152 Cherry Creek Circle, Winter Springs, Florida: commented on the beauty of the community and asked that a different location be found. .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED IN THE ORDER DOCUMENTED. .:. .:. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13, 2007 PAGE 13 OF 25 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 501. Community Development Department - Planning Division Requests the City Commission Hold A Public Hearing For Modifications To The Aesthetic Review Of Sonesta Pointe (Previously Known As Sonoma Pointe), A 289- Unit Engle Homes Duplexffownhome/Single-Family Detached Development To Be Located In The Town Center On The 40 Acres Immediately South Of St. John's Landing On The East Side Of Tuskawilla Road. Mr. Randy Stevenson, AS LA, Director, Community Development Department addressed the City Commission regarding this Agenda Item. Discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I MOVE THAT WE APPROVE THE MODIFICATION OF THE AESTHETIC REVIEW TO INCLUDE DETACHED SINGLE-FAMILY UNITS." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department Presents To The City Commission The Districting Commission's Recommendation For The Revised City Commission District Boundaries, Reflecting The January 31, 2007 Population, And Requests The City Commission Approve First Reading Of Ordinance Number 2007-23, To Pass It To Second Reading. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13, 2007 PAGE 14 OF 25 Mayor Bush stated, "We need a Motion to read by 'Title' only." "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mr. Baker reviewed the revised and proposed Districts. Brief discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I MAKE A MOTION WE MOVE TO SECOND READING" OF ORDINANCE 2007-23. MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Mayor Bush recognized former Commissioner Edward Martinez, Jr. and former Commissioner John Ferring who were in attendance. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13,2007 PAGE 15 OF 25 PUBLIC HEARINGS 500.1 Community Development Department Requests The City Commission Review Vertex Development, LLC's Request For A Conditional Use To Allow A Telecommunications Tower, On A 70' x 70' Lease Site, At The Tuscawilla Country Club (1500 Winter Springs Boulevard), In The Tuscawilla Planned Unit Development (PUD). Mr. Stevenson spoke on this Agenda Item and then said, "We have '500.2' which is the Site Plan for that site - which is not a Public Hearing by the way, and then' 500.3' which is the Aesthetic Review of that particular facility which is a Public Hearing." Mr. Stevenson added, "This is a Public Hearing." Discussion. Attorney Garganese explained, "Generally, under the Ordinance, the Applicant for a Tier Three site has to present evidence that a Tier Two site is not available, technically feasible. 1 am confident that you will hear information and evidence regarding that issue and that is a threshold determination before you consider approving a 'Conditional Use' for Tier Three that you have to have that evidence in the record, demonstrating that a Tier Two site and a Tier One site for that matter, but that's not relevant tonight." Tape 2/Side A Commissioner Rick Brown spoke for the Record on the Settlement Agreement. Discussion. Attorney Garganese showed a map of Tuscawilla Country Club and explained the existing Settlement Agreement. Further discussion. Mayor Bush noted, "The Tower would actually reduce the number of homes, because you can't build a home - within, what is it, 200' of the Tower?" Attorney Garganese stated, "There is a buffer requirement." Mayor Bush opened the "Public Input" portion of the Agenda Item. Attorney Garganese said, "1 just would like to enter into the Record that July 27, 2007 letter to Michael Gardner from City Manager McLemore and the entire Settlement Agreement that Randy (Stevenson) - referenced - the book and page." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13, 2007 PAGE 16 OF 25 Mr. Bill Geisler, 4025 West Danby Court, Winter Springs, Florida: spoke as a member of the Country Club and commented that he was in favor of a Cell Tower and thought that the back of driving range would be a great location for a Cell Tower. Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: commented about the proposed Cell Tower; a previous straw ballot; and presented photos of power poles visible from his residence. Ms. Pat Rhind, 987 Troon Trace, Winter Springs, Florida: remarked about an attack she went through; lack of coverage and that this is an issue of safety, not aesthetics. Mr. Ed Pelczar, 1014 West Pebble Beach Circle, Winter Springs, Florida: spoke in opposition of the proposed Cell Tower; and his concerns with noise and the maintenance of a Cell Tower. Ms. Brenda Parker, 1112 Winged Foot Circle West, Winter Springs, Florida: Mayor Bush commented, "Is opposed, but does not wish to address the Commission." Mr. Mark Parker, 1112 Winged Foot Circle West, Winter Springs, Florida: Mayor Bush stated, "Also is opposed and does not wish to address the Commission." Ms. Brenda Parker, 1112 Winged Foot Circle West, Winter Springs, Florida: Mayor Bush remarked, "She is opposed - does not want to speak." Ms. Eugenie Rastonis, 1029 East Pebble Beach Circle, Winter Springs, Florida: Mayor Bush noted, "She is opposed - you do not wish to speak." Ms. Nancy Casper, 1052 East Pebble Beach Circle, Winter Springs, Florida: Mayor Bush stated, "Did fill out that she was opposed as well." Mr. John M Hogan, 105 Arrowhead Court, Winter Springs, Florida: said he could see the balloon test from his residence; and commented for the Record on evidence. Mr. Phil Karr, 1323 Augusta National Boulevard, Winter Springs, Florida: commented about the Cell Tower behind City Hall and asked if people would like this in their back yard. Ms. Dorothy Piccinin, 1024 East Pebble Beach Circle, Winter Springs, Florida: Mayor Bush remarked, "Is opposed and does not wish to speak." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13,2007 PAGE 17 OF 25 Mr. Joe Santilli, J 493 Connors Lane, Winter Springs, Florida: representing the Wedgewood Tennis Villas, Mr. Santilli presented forty-one (41) residents who were in favor of the proposed Cell Tower and that two (2) were opposed; amongst a few others who were undecided; and also commented on a concern for public safety and homeland security. Mayor Bush noted, "Mr. Santilli did present several other citizen's forms." Mr. David Mitchell, 146R Connors Circle, Winter Springs, Florida: Mayor Bush remarked, "Is in favor, but does not wish to address the Commission." Mr. Mike Checchio, 1236 Royal Oak Drive, Winter Springs, Florida: spoke in favor of the proposed Cell Tower. Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: said he was in favor of the proposed Cell Tower and spoke of safety concerns. Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: Mayor Bush remarked, "Is in favor and does not wish to address the Commission." Ms. Nancy C. Vail, 1374 Augusta National Boulevard, Winter Springs, Florida: said she thought most people were against this proposed Cell Tower site and thought the proposed location was not the right one and suggested the proposed Fire Station site and Sam Smith Park were better site choices. Mr. Richard Mastroberte, J 7 J 6 Seneca Boulevard, Winter Springs, Florida: commented on what the Tuscawilla community was originally planned to be; and asked that due diligence be done. Ms. Tina Regan, 224 Arrowhead Court, Winter Springs, Florida: spoke of her community; of other Cell Towers; and asked that the appropriate studies be done. Mayor Bush closed the "Public Input" portion of the Agenda Item. Mayor Bush called a Recess at 7:30 p.m. The Regular Meeting was called back to Order at 7:48 p.m. Ms. Mary D. Solik, Esquire, Foley & Lardner LLP, J J J North Orange Avenue, Suite J 800, Orlando, Florida: representing Vertex Development LLC, spoke on this Agenda Item. Tape 2/Side B CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13,2007 PAGE 18 OF 25 Discussion continued. Ms. Solik remarked, "I am going to put a couple things into the Record on the public safety issue. First of all, I am going to put into the Record the Seminole Chronicle article that the Rhind's referenced earlier tonight that describes Ms. Rhind's incident and her lack of cell phone coverage and the public safety issues associated with that. I'm also going to put up a statistic here." Ms. Solik continued, "These are statistics from the Seminole County Public Safety Office. This shows the number of 9-1-1 calls made to the Winter Springs Police Department and you can see that through 2006 through to 2007. . . " Ms. Solik continued, "... What I want to point out to you is that through June of this year, thirty percent (30%) of all 9-1-1 calls that are made to the Winter Springs Police Department come in, actually right now it's running eighteen percent (18%), come in on 9-1-1 calls, on a mobile phone - these are the Winter Springs and Seminole County numbers - and you can see they're progressing every year, going up." Further discussion. Mr. Alan Ruiz, Vertex Development, LLe, 405 South Dale Mabry Highway, #244, Tampa, Florida: commented on the proposed Cell Tower location. Discussion followed on the Settlement Agreement. Mayor Bush said, "You had a company do a Title search and they didn't find something that had gone through the Courts?" Ms. Solik remarked, "I'm going to put the Settlement Agreement in the Record tonight and its Amendment and the stamping from all of that when you - get it off the recording is that the legal descriptions are all undecipherable. So, the Title company can't pick it up if the legal descriptions are undecipherable." Discussion. Ms. Solik then said, "I'm going to put my letter to Mr. McLemore of January 13th in the Record. I'm going to put the letter from the City Staff of March 16th, 2007 in the Record, outlining our progress. Again, no mention of the Settlement Agreement." With further comments, Mr. Ruiz remarked, "What we have here is the Tower compound; and what the Tower compound is, is the fenced-in area on the ground that holds all of the carriers' ground equipment as well as the Tower - as well as the lines that run from the ground equipment up inside the Tower, up to the antennas, as well as an emergency generator area. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13, 2007 PAGE 19 OF 25 This area right here enclosed by the fencing is a fifty by fifty (50 x 50) area, approximately 2,500 square feet. What we are proposing is a ten foot (10') landscape buffer around it which creates a seventy by seventy (70 x 70) lease area, which is 4900 square feet. So, we're proposing - 2,400 square feet to cover up 2,500 square feet of ground equipment. Each one (1) of these individual squares inside is a sub-lease to the tenants that go on the Tower." Mr. Ruiz continued, "Each one (1) of these little squares in here is a different carriers' ground equipment. There are lines of co-ax that run from the equipment into the bottom of the Tower and then up through the Tower to the carriers' antennas right here- what we have are seven (7) different bays for seven (7) different carriers. This profile shot here shows you that T-Mobile will put their antennas at the very top of the Tower; Verizon Wireless will put their antennas in the second bay; Sprint in the third; Nextel in the fourth; metroPCS [Inc.] in the fifth; Clearwire [US LLC] in the sixth; and Cingular [Wireless] in the seventh." Discussion. Mr. Ruiz noted, "To further illustrate how the antennas are mounted on the inside of the pole, that little bit right there, where T-Mobile would have its antennas is this right here. Alright? And that is - those are six (6) antennas mounted on the inside of that canister; which slides over the top of that, is a fiberglass RF (Radio frequency) transparent shroud that becomes part of the structure and makes it all one white continuous pole. This is another picture of it, again with out the concealment shrouds over it. These are called wagon wheels. This is the co-ax that runs up to each one of the bays from the different carriers' equipment on the ground. What this is, is - this is a typical lattice type Tower. You have some around town. Just to point out the different types of Towers that we have. This is obviously not what we're proposing tonight. Again, another picture of a lattice type Tower." Ms. Solik stated, "These are all photos that were put in the Record at the Board of Adjustment Hearing, and Ijust wanted you to see them as well." Mr. Ruiz then remarked, "Again, another photo for the Record. This Tower is about half a mile from my house." Commissioner Gilmore referenced a photograph the "Modeling company had made that showed the Tower in the trees" and said to Mr. Ruiz, "Is this with the shroud or without the shroud?" Mr. Ruiz explained, "This is with the shroud and diameter at the top of the tower is thirty-six inches (36")/three feet (3'), and that is a standard size for unipoles that is used, and this size is in configuration, we use over and over again. The carriers use them, other Tower companies use them, so it is a very slim profile." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13, 2007 PAGE 20 OF 25 Mr. Ruiz added, "It is thirty-six inches (36")/three feet (3') to the top of the Tower. Actually, at the bottom, it is approximately four and a half (4 Y2), five feet (5'), and it might be as big as six feet (6'), to be perfectly honest with you. I'd have to pull the drawings up to give you an exact answer. It goes up to eighty feet (80') in a tapering fashion, and then at eighty feet (80'), it's three feet (3'), and it's three feet (3') all the way up for another seventy feet (70'), so its continuous from eighty (80) to 150'." Mr. Ruiz commented, "It tapers - to the eighty foot (80') mark from a four (4) to five (5), perhaps - maybe five and a half foot (5 Y2') diameter - up to the eighty foot (80') mark and it's three feet (3') at the mark and then it's three feet (3 ') from then on. Wherever - where the bays begin, where the carriers start putting their stuff at, it's at three feet (3 ') from that point on." Discussion continued. Attorney Garganese asked, "Who prepared the Title Report?" Ms. Solik replied, "Revere Title and Trust, [Inc.]." Attorney Garganese asked, "Did you just submit that for the Record?" Ms. Solik replied, "Yes." Ms. Solik then commented for the Record on the encumbrances shown. Further discussion. Continuing, Ms. Solik commented, "The first thing that I would like to put in the Record is the 'VERIFIED COMPLAINT' that was filed by Florida Country Clubs, [Inc.]." Ms. Solik added, "This is the first Settlement Agreement, paragraph 2. and this is consistent with what Mr. Garganese has told you. Attached is Exhibit 'E' our legal descriptions of eight (8) parcels within the FCC [Florida Country Clubs, Inc.] property referred to as parcels 1-8 respectively, or singularly as a parcel." Discussion. Ms. Solik showed a map/"Concept Plan" of Parcel 8; then referred to a document and said, "This Amendment 1. modifies the paragraph I just read you, FCC [Florida Country Clubs, Inc.] shall be permitted to develop a total of thirteen (13) lots." Ms. Solik further commented on Exhibits, and spoke of a "Legible, at least outline of parcel 8"; and other documents. Tape 3/Side A With continued discussion on the Settlement Agreement, Ms. Solik spoke of a letter written by Manager McLemore. Attorney Garganese commented for the Record that Manager McLemore is not present at this Meeting as he is on vacation. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13, 2007 PAGE 21 OF 25 Further discussion. Mr. Dan Babilla, Senior Radio frequency Engineer, T-Mobile, 200 Telcom Drive, Winter Springs, Florida: commented on cell phone coverage in the Tuscawilla area. Mr. Babilla showed some maps outlining cellular coverage. Discussion. Continuing, Mr. Babilla then submitted dropped calls data for the Record; and presented another document related to triangulation. Ms. Solik spoke for the Record on Tier Two sites. With further discussion, Mr. Babilla showed some maps. Attorney Garganese said to Mr. Babilla, "Just comparing the maps, why all of a sudden are you showing white blotches on this map..." Mr. Babilla replied, "... Where the green ones on the other ones, that's where the white is. But it didn't change the legend." Regarding generators, Mr. Ruiz replied, "Typically speaking, a carrier will put their own generator on site, but that isn't always the case for every carrier. It's on a carrier by carrier basis. I do know that SprintlNextel uses one (1) combined generator for their two (2) levels. Verizon [Wireless] and T -Mobile does use them. I cannot tell you about metroPCS and Cingular [Wireless] in this market and I - believe that Clearwire [US LLC] does not use them at all." Mr. Ruiz continued, "AT&T does." Mr. Ruiz commented, "There will not necessarily be seven (7) generators. As a matter of fact, just going through the calculations right now, I have four (4)." Furthermore, Mr. Ruiz said, "And the generators are used in a time of an emergency when there's no power. They do not run on a consistent basis at all. In fact, they are relatively small generators." Deputy Mayor McGinnis asked how they are tested. Mr. Ruiz responded by saying, "Once a month they do a one (I) hour test to make sure that they're functional when they're needed." On the issue of "Maintenance for the ground area", Mr. Ruiz explained, "Sprint Nextel [Corporation] is one (1) company. They would make one (1) trip a month. The other five (5) bays that are being taken up by the other five (5) carriers would produce one (1) trip per month, so T-Mobile would come out once a month to check their equipment. Clearwire [US LLC] would do the same and all the other tenants. So right there produces six (6) trips per month. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13,2007 PAGE 22 OF 25 Vertex [Development, LLC] also comes out once a month to inspect the property and make sure that it's in good shape. Approximately seven trips (7) trips per month so you're looking at a trip about every four (4) or four and half (4 ~) days." Commissioner Gilmore then inquired, "How many kW (kilowatt) are these generators?" Mr. Babilla stated, "Twenty-five (25) - for the four (4) different generators that I described." Commissioner Gilmore then said, "According to the drawing, they are all propane operated?" Mr. Babilla noted, "Some are propane - some are diesel." Tape 3/Side B Ms. Solik remarked, "We have put a letter in the Record, it was with our Application package that expresses Verizon's [Wireless] interest in being on this Tower." Mr. Craig 0 'Neill, Radio frequency Engineer, metroPCS Inc., 8256 Exchange Drive, Suite 210, Orlando, Florida: said, "I think, Mr. Babilla - I concur with most of what he said." In continuing with his comments, Mr. O'Neill showed some plot plans. Further discussion. Ms. Solik stated, "Carolyn Wilkinson - Carolyn is with Clearwire [US LLC]. At the Board of Adjustment Hearing, Calvin Johnson, the RF (Radio frequency) Engineer spoke for Clearwire [US LLC] - he is in Seattle, he was unavailable to attend tonight." Ms. Solik added, "I am going to put the Minutes from the Board of Adjustment Hearing in the Record so you will have Calvin's [Johnson] testimony in - the Record." Ms. Carolyn Wilkinson, Director of Development, Clearwire US LLC, 500 North Willow Avenue, Suite 101, Tampa, Florida: presented a plot showing coverage and noted that "Clearwire [US LLC] is the WiMax carrier." Ms. Wilkinson commented, "It's good for us to be there. We don't need to at the top for the signal for WiMax at 800 megahertz. We're going to be able to provide the signal that we want to the maximum number of customers that we can for this particular location." Discussion. Mr. Frank Tagliani, Engineering Manager, AT&T, 1101 Greenwood Boulevard, Lake Mary, Florida: commented that AT&T was previously Cingular Wireless and showed slides of varying coverage. Further discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13,2007 PAGE 23 OF 25 "I WOULD LIKE TO MOVE FOR A ONE (1) TIME ONLY EXTENSION OF THE MEETING FOR A MAXIMUM OF THIRTY (30) MINUTES TO GET US THROUGH ITEM '500.1'." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. MAYOR BUSH NOTED, "THE MOTION IS TO EXTEND TO 10:30 [P.M.]." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: NAY COMMISSIONER KREBS: NAY COMMISSIONER BROWN : AYE MOTION DID NOT CARRY. Attorney Garganese commented for the Record that, "The Commission has a rule that the Meeting ends at - 10:00 p.m. unless a super majority votes to extend and we didn't get a super majority." Ms. Solik put in the Record a Report done by Lee Pallardy, Inc., "A Telecommunication Tower [Value] Impact Study" done in Sarasota County." With further discussion, Ms. Solik mentioned that, "In the Application packages which you have been provided, Vertex [Development, LLC] has provided the Lease from T- Mobile; the Lease from metroPCS; the Lease from Clearwire [US LLC]; the Letter Of Intent from Sprint [Nextel]; the Letter of interest from Verizon [Wireless]; and you had Cingular [Wireless] come here tonight in giving their interest in the Tower." Mr. James Huff, Sprin/Nextel, 2917 West State Road 434, Longwood, Florida: commented that SprintlNextel is interested in the proposed Cell Tower location. Regarding a follow-up Meeting, Mayor Bush asked, "Can we do it on the [August] 20th [2007]?" Commissioner Brown replied, "Yes." Ms. Solik remarked, "I can be here on the [August] 20th [2007]." Deputy Mayor McGinnis commented, "That's good." Commissioner Joanne M. Krebs said, "Next Monday, I can be here." Mayor Bush asked, "5:15 [p.m.], does that work for you?" Ms. Solik replied, "I'll be here." Mayor Bush commented, "It will be the only thing we are going to do, so we will continue with - your presentation as well as take up the other two (2) items that refer to your Application." Attorney Garganese remarked, "You only have two (2) other items on Regular, are you sure you don't want to include that too?" Mayor Bush replied, "Yes, we will try to finish, but we want to make sure we do this first." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13,2007 PAGE 24 OF 25 Mayor Bush asked, "Do we have an advertisement issue, Anthony (Garganese), on these Public Hearings?" Attorney Garganese replied, "We just postpone it or continue it to August 20th [2007] at 5:15 [p.m.], so that's a date and time certain. You'll be fine with advertisement. " Regarding access to the information presented, Ms. Solik commented, "This information has all been put in the Record and your City Clerk is Record Keeper." Attorney Garganese stated, "Weare going to keep the Record, Commissioner. What has been presented to date, this pile of papers and we'll keep it in the City Clerk's Office if you want to review it between now and the next Meeting. It will be brought back to the Chambers at the next Meeting as the official Record." Mayor Bush suggested, "I would recommend Commissioners that, number one (1), Andrea (Lorenzo-Luaces, City Clerk) not make copies for everybody. That you go in and see her and tell her what you want and give her time to do it." Lastly, Mayor Bush said, "We will continue this meeting then Monday, [August], the 20th [2007], starting at 5: 15 [p.m.]." .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE NOT DISCUSSED AT THIS MEETING. .:..:. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500.2 Community Development Department Requests The City Commission Review The Vertex Development, LLC Telecommunications Tower Site Plan, On A 70' x 70' Lease Site, At The Tuscawilla Country Club (1500 Winter Springs Boulevard), In The Tuscawilla Planned Unit Development (PUD). PUBLIC HEARINGS 500.3 Community Development Department Requests The City Commission Review The Vertex Development, LLC Telecommunications Tower Aesthetic Review, For A 150' (One Hundred And Fifty Feet) Tall Monopole In A 50' x 50' Fenced Compound With 10' Landscape Buffer On A 70' x 70' Lease Site, At The Tuscawilla Country Club (1500 Winter Springs Boulevard), In the Tuscawilla Planned Unit Development (PUD). CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 13, 2007 PAGE 25 OF 25 REGULAR AGENDA REGULAR 600. Not Used. REGULAR 601. Community Development Department - Planning Division Along With The Seminole County School Board Wishes To Brief The Commission On The Draft 2007 Interlocal Agreement For Public School Facility Planning And School Concurrency And Ordinance Number 2007-22, A Large Scale Comprehensive Plan Text Amendment, Establishing A Public School Facilities Element And Amending The Capital Improvements And The Intergovernmental Coordination Elements Consistent With Chapter 163, Florida Statutes. REGULAR 602. Community Development Department Requests That The City Commission Review The Situation Regarding Zero Lot Line Developments With PUD (Planned Unit Developments) Zoning And Provide Direction. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 9:59 p.m. RESPECTFULLY SUBMITTED: DANIELLE HARKER, ASSISTANT TO THE CITY CLERK AND AN A LORENZO-LUACES, CMC CITV CLERK APPROVED: ,~I~ NOTE: These Minutes were approved at the August 27, 2007 Regular City Commission Meeting,