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HomeMy WebLinkAbout_2008 04 28 City Commission Regular MinutesCITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING APRIL 28, 2008 CALL TO ORDER The Regular Meeting of Monday, April 28, 2008 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 Donald A. Gilmore, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, absent Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Departments, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. Mayor Bush said, "The only Agenda change that I am aware of is Item `600' from April 14t", [2008]. They called today and they are meeting with residents and they want to have that meeting before it comes up. So, they have asked that this be put to the next Regular Meeting." PUBLIC HEARINGS AGENDA - PREVIOUSLY LISTED ON THE APRIL 14, 2008 REGULAR MEETING AGENDA PUBLIC HEARINGS 509. Community Development Department -Planning Division Requests The City Hold A Public Hearing For Revisions To The Aesthetic Review For Grandeville At Town Center, A Proposed 160 Unit Apartment Development Located On 4.78 Acres In The Town Center On The North Side Of SR (State Road), Just East Of The City Hall Building. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department introduced this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING -APRIL 28, 2008 PAGE 2 OF 19 Photographs of the designs were displayed on PowerPoint and Mr. Stevenson stated, "Staff reviewed these aesthetic changes with your -Architectural Consultant as well as the City Manager and we feel like this is an amenable change." Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion. "I MAKE A MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR AGENDA -PREVIOUSLY LISTED ON THE APRIL 14, 2008 REGULAR MEETING AGENDA REGULAR 600. Community Development Department Requests The Commission Consider A Conceptual Development Plan For A 60,104 SF (Square Foot) Retail And Office Development On 7.29 Acres, Located On The North Side Of SR (State Road) 434, At The Northwest Corner Of Its Intersection With Fountaintree Drive, Immediately Adjacent To And West Of Harbor Winds. As noted earlier in this Meeting, this Agenda Item will not be heard at this Meeting. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL M[NUTES CITY COMMISSION REGULAR MEETING -APRIL 28, 2008 PAGE 3 OF 19 REGULAR 601. Public Works Department Requesting Authorization To Piggyback Off A Florida Department Of Transportation Contract With The Middlesex Corporation For The Resurfacing And Reconstruction Of Winter Springs Boulevard From Arrowhead Court To The Citv Limits. Mr. Brian Fields, P.E., City Engineer, Public Works Department presented this Agenda Item and stated, "Staff recommends Approval of the Contract for one million three hundred and sixty six thousand dollars, nine hundred and twenty six dollars and sixty cents ($1,366,926.60) plus a contingency." Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 602. Community Development Department Providing The City Commission With A Brief Summary Of Information Regarding Green Buildings And LEED (Leadership In Energy And Environmental Design) Certification, As Previously Directed By The Commission. Mr. John Baker, AICP, Senior Planner, Community Development Department spoke on this Agenda Item. Photographs of buildings were shown. Discussion. Commissioner Rick Brown stated, "I would like to suggest that we take Staff up on their suggestion that we do a formal Workshop on this where we can devote the necessary time to discussing all the options and really getting an understanding of direction." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING -APRIL 28, 2008 PAGE 4 OF 19 Commissioner Joanne M. Krebs said, "I agree to the Workshop. I think it is really, really important." Continuing, Commissioner Krebs added, "I would really like to have a Workshop on this as well and see if there is something we can Adopt here in the City going forward." Next, Commissioner Sally McGinnis remarked, "I would like to have a Workshop too." Furthermore, Commissioner McGinnis noted, "We need to find out a little more about it - what you need to become a green city." "I WOULD LIKE TO MAKE THAT A MOTION THAT WE SET - AN APPROPRIATE DATE FOR A WORKSHOP WHERE WE CAN DEVOTE THE NECESSARY TIME TO THIS TOPIC." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Bush said, "Why don't we have the Clerk poll the Commissioners for available dates for the Workshop. Does that work for everybody?" Commissioner Brown stated "Yes." No objections were noted. Commissioner Krebs stated, "Whenever they can get the material ready." Mr. Stevenson said, "It would probably be no earlier than the second Meeting in May." Mr. Stevenson added, "If you consider dates, I ask that you bear that in mind, plus it would give Staff a little extra time to prepare." Mayor Bush stated, "Joan [Brown, Deputy City Clerk] make sure Andrea (Lorenzo- Luaces, City Clerk] knows that so when she polls people, she can get the dates set up." REGULAR 603. Public Works Department Requesting Authorization To Piggyback Off A Florida Department Of Transportation Contract With The Middlesex Corporation For The Resurfacing And Reconstruction Of Various City Streets. Mr. Fields spoke on this Agenda Item and referred to Exhibit A. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING -APRIL 28, 2008 PAGE 5 OF 19 With further comments, Mr. Fields said, "Staff recommends Approval of the contract with Middlesex [Corporation] in the amount of one million one hundred eighty eight thousand two hundred forty three dollars and seventy cents ($1,188,243.70) plus contingencies." Discussion. Deputy Mayor Donald A. Gilmore suggested that from Shetland Avenue east be looked at further. Mr. Fields stated, "We will look at it." Further discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. INFORMATIONAL AGENDA -NEW FOR THIS AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Brief discussion. "MOTION TO APPROVE" (INFORMATIONAL AGENDA]. MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING -APRIL 28, 2008 PAGE 6 OF 19 CONSENT AGENDA -NEW FOR THIS AGENDA CONSENT 200. Public Works Department Providing The City Commission Information On The Silver Creek Drive Traffic Calming Evaluation. No discussion. CONSENT 201. Office Of The City Clerk Requesting Approval Of The April 14, 2008 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE" [CONSENT AGENDA]. MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. • • AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS WERE DISCUSSED, IN THE ORDER DOCUMENTED. • • AWARDS AND PRESENTATIONS -NEW FOR THIS AGENDA AWARDS AND PRESENTATIONS 301. Krissy Todd, Director Of Hope Foundation To Make A Presentation To The City Commission Regarding The Services Provided By The Foundation. Ms. Krissy Todd, Executive Director, The HOPE Foundation: addressed the City Commission on various services provided. Tape 1/Side B CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING -APRIL 28, 2008 PAGE 7 OF 19 Ms. Todd mentioned an Outreach Event planned for May 17`", 2008 at Lake Eola and extended an invitation to the City Commission to attend. Discussion. Commissioner McGinnis suggested that at future City events that we have receptacles for people to bring canned foods and that we advertise this. Further discussion. 300. Finance Department Wishes To Update The Mayor And Commission On Events Occurring In The Bond Insurance Market With A Presentation From Michael Williams, Bond Counsel, Of Akerman Senterfitt. Ms. Michelle Greco, Director, Finance Department spoke briefly on this Agenda Item. Mr. Michael Williams, Esquire, P.A., Akerman Senterfitt, 255 South Orange Avenue, Orlando, Florida: addressed the City Commission. Mayor Bush called a Recess at 6:13 p. m. The Regular Meeting was called back to Order by Mayor Bush at 6:24 p. m. • • AGENDA NOTE: THE FOLLOWING WERE DISCUSSED IN THE ORDER DOCUMENTED. • • PUBLIC INPUT -NEW FOR THIS AGENDA Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: spoke on behalf of the Oviedo-Winter Springs Regional Chamber of Commerce on the upcoming Agenda Item "600" and asked for support for the "Live after Five" Event. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING -APRIL 28, 2008 PAGE 8 OF 19 REGULAR AGENDA -NEW FOR THIS AGENDA REGULAR 600. Parks And Recreation Department Requesting The City Commission To Consider Approval Of A Partnership For A Latin Jazz Series With A "Live After Five" Event And A Latin Jazz Fest For Winter Springs That Is Planned To Be Offset With Donations And Sponsorships. Mr. Chuck Pula, Director, Parks and Recreation Department introduced this Agenda Item and noted, "We felt that all the -verbal commitments were made at that time; that those expenses would be covered. The only item that was yet there was the waiving of the Central Winds Park Rental Fee of three thousand dollars ($3,000.00) which had previously been done in 2005 with the Winter Springs Jazz Concert." Commissioner Krebs mentioned her concern about Police Officers; overtime; and if there is going to be enough money. Discussion. Commissioner McGinnis remarked, "All costs that will not be picked up by donations then, the Chamber is going to be responsible for? Is that correct?" Mr. Pula stated, "The Chamber, the Town Center merchants, and WLOQ, yes." Commissioner McGinnis stated, "Great." Commissioner Robert S. Miller said, "And we waived the three thousand dollars ($3,000.00) Park Fee last year?" Mr. Pula stated, "We did in 2005 for the Jazz Event that was held at Central Winds Park. It was also a Fee Event." Commissioner Miller asked, "How many other events have we waived the Fee for?" Mr. Pula remarked, "That has been the only one - since I have been here." Commissioner Miller suggested that Mr. Pula contact TV Channel WMFE to request their assistance; and Commissioner Miller asked that if TV Channel WMFE is not able to cooperate on various events, that the City Commission then be informed. Mayor Bush said, "I don't see how TV Channel WMFE has anything to do with this particular Agenda Item." Commissioner Miller remarked, "They do do advertising on the radio, don't they?" Commissioner McGinnis stated, "They can promote it." Mayor Bush asked, "So, you are asking to promote it?" Commissioner Miller stated, "Well, that is what they do. They may even want to -join up with this other organization also and have a presence on site. I don't know how they do it. But, in any case, we need to look into that." Mr. Pula said, "We'll make sure they are notified and aware of the Event and ask them to promote it." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING -APRIL 28, 2008 PAGE 9 OF 19 Much discussion. Tape 2/Side A Commissioner Krebs stated, "I could support Charles (Lacey) -what you said, going forward giving them a solid go ahead as long as that three thousand dollars ($3,000.00) was taken care of. I don't care where it comes from. No conditions on whether they make the profit or not, because quite honestly if it was a -rain out, I am sure they have insurance." Commissioner Miller asked, "They have insurance that covers all their costs?" Mr. Pula said, "I do not know the answer to that. We started insuring the 4`h of July effective last year, but prior to that we did not." "I AM GOING TO GO ALONG WITH WHAT COMMISSIONER KREBS SAID - THEY COME UP TO THREE THOUSAND DOLLARS ($3,000.00). I DON'T CARE WHERE IT COMES FROM; MAYBE THE FIRE DEPARTMENT, MAYBE SOME OF THE POLICEMEN CAN VOLUNTEER THEIR TIME - I JUST MADE A MOTION." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. COMMISSIONER MILLER ADDED, "MOTION -THEY PAY THE THREE THOUSAND DOLLARS ($3,000.00)." MAYOR BUSH SAID, "THE MOTION IS TO NOT WAIVE THE THREE THOUSAND DOLLARS ($3,000.00) FEE. IS THAT CORRECT?" COMMISSIONER MILLER SAID, "YES." VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: ABSTAINED COMMISSIONER KREBS: AYE MOTION CARRIED. City Attorney Anthony A. Garganese stated, "One thing we need to get from WLOQ is an `Indemnity and Hold Harmless' and put in the City as an additional named insured on any special events insurance policies." Mayor Bush asked, "Do you require that Chuck [Pula] of anybody who uses the park?" Mr. Pula said, "Yes." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING -APRIL 28, 2008 PAGE l0 OF 19 Continuing, Attorney Garganese said, "I just wanted to make sure it was clear. Because some of these events, we've brought the Agreement to the Commission for Approval. We have a Letter of Intent signed by Kip [LockcuffJ. I just wanted to make sure that is clear and the only reason why Commissioner Brown has a conflict is the potential risk exposure for the potential loss because of underwriting somebody's Fees, that would present a conflict of interest. So, he'll fill out Form 8B and get it to the Clerk within fifteen (15) days and he was entitled to participate in the discussions." • • AGENDA NOTE: ADDITIONAL PUBLIC INPUT WAS HELD NEXT, FOLLOWED BY THE REST OF THE AGENDA, IN THE ORDER DOCUMENTED. • • PUBLIC INPUT -NEW FOR THIS AGENDA Mayor Bush recognized former City Commissioner John Ferring. Mr. John Ferring, 694 Benitawood Court, Winter Springs, Florida: spoke about the high cost of living and the Fire Assessment Fee. Mr. Arnie Nussbaum, 687 Andover Circle, Winter Springs, Florida: thanked the City Commission for their service; and spoke of the Budget and sponsorships for Special Events. Mr. Jeff McCall: spoke about a fundraiser for Relay for Life; newspaper articles; and Fire fighter staffing. Discussion. Commissioner Miller spoke for the Record on previous comments. REPORTS -NEW FOR THIS AGENDA REPORTS 400. Office Of The City Attorney -Anthony A. Garganese, Esquire Attorney Garganese provided an update regarding the proposed development on Bart Phillips' property. Subsequent to the City Commission Meeting, Attorney Garganese indicated that he and City Staff met with Mr. Phillips' Planner, April Boswell, to go over the project details and further stated that the Zoning Ordinances affecting Mr. Phillips' State Road 419 frontage property will be presented to the Local Planning Agency in June. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING -APRIL 28, 2008 PAGE 11 OF 19 REPORTS 401. Office Of The City Manager -Ronald W. McLemore Mr. Kip Lockcuff, Director, Public Works Department remarked, "We have the May 8cn, [2008] Meeting with the Public to go over the Budget. I didn't know if the Commission wanted to consider meeting earlier on the 12cn [May 2008] to review some of that information?" Commissioner McGinnis said, "I would." Mayor Bush asked, "What time Commissioners?" With discussion, Mayor Bush said, "So, the Meeting will start at 3:00 [p.m.]. Let's call it a Workshop at three o'clock -three [o'clock] to five [o'clock]." Mr. Lockcuff then asked, "The Clerk's Office had a question on the Meeting on the gcn [May 2008] -did you want any particular type of Minutes on that, summation Minutes as she typically does?" Mayor Bush said, "It should be recorded." Commissioner Krebs stated, "I want it recorded, because I am not going to be here." Mr. Lockcuff said, "So, you don't need any verbatim Minutes or anything like that?" Commissioner Krebs said, "No. Just record it and I will get a tape and I will listen to it." No objections were voiced. REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, CMC Deputy City Clerk Brown stated, "No Report." REPORTS 403. Commission Seat Four -Sally McGinnis No Report. REPORTS 404. Commission Seat Five -Joanne M. Krebs Commissioner Krebs mentioned that the irrigation system on State Road 434 near the Metro Church was on around Noon this past Saturday. Mr. Stevenson said, "I'll make sure those get checked." Commissioner Krebs commented that she will be out of town on vacation for the next two (2) weeks. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING -APRIL 28, 2008 PAGE 12 OF 19 REPORTS 405. Office Of The Mavor -John F. Bush Mayor Bush thanked Deputy Mayor Gilmore for presiding over the last Meeting. Next, Mayor Bush commented on the proposed Fire Fee and suggested that Option "C" should have been adopted which would take one million three hundred thousand dollars ($1,300,000.00) dollars out of our reserves. REPORTS 406. Commission Seat One -Robert S. Miller No Report. REPORTS 407. Commission Seat Two -Rick Brown Commissioner Brown said, "I have scheduled my next Town Hall Meeting. It will be May 18`", [2008] at the Wedgewood Tennis Villas and it will be at 4:00 p.m. in the afternoon. If anybody would like to attend, you are certainly all invited." Next, Commissioner Brown commented on his involvement with Boy's Town. Lastly, Commissioner Brown mentioned for the Record that he will be out of town from May 22"d, 2008 through the 25`" of May 2008. REPORTS 408. Commission Seat Three/Deputy Mayor -Donald A. Gilmore Deputy Mayor Gilmore stated, "I will be out of town on the 8t" [May 2008] and I would like to monitor that by telephone if I might." Mayor Bush asked, "The Meeting on the 8t" [May 2008], do any of the Commissioners plan to be here for that Meeting?" Commissioner Brown said, "I will be here." Commissioner McGinnis stated, "I might. I am not sure." Mayor Bush remarked, "It probably needs to be Posted." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING -APRIL 28, 2008 PAGE I3 OF 19 PUBLIC HEARINGS AGENDA -NEW FOR THIS AGENDA PUBLIC HEARINGS 500. Community Development Department -Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adopt Ordinance 2008-03, A Small Scale FLUM [Future Land Use Map] Amendment Changing The Future Land Use Map Designation Of A 6.25 Acre Parcel, Located At 1379 SR (State Road) 434 (NE [Northeast] Corner Of SR [State Road] 434 And SR [State Road] 417), From (Seminole County) "Commercial" To (City Of Winter Springs) "GreeneWay Interchange District" With "Conservation Overlay" On Those Affected Areas. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Montje S. Plank, P.E., Senior Vice President, Central Florida Land Design Corporation, S00 North Maitland Avenue, Suite 110, Maitland, Florida: on behalf of the Applicant, Mr. Plank briefly spoke on this request. Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department briefly addressed the City Commission. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING -APRIL 28, 2008 PAGE 14 OF 19 PUBLIC HEARINGS 501. Community Development Department -Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adopt Ordinance 2008-04, Which Rezones 6.25 Acres (More Or Less), Located At 1379 SR (State Road) 434 (NE [Northeast] Corner Of SR [State Road] 434 And SR [State Road] 417), From "A-1" Agricultural (Seminole Co.) [County] To "GreeneWay Interchange District" (City Of Winter Springs). Attorney Garganese read the Ordinance by "Title" only and stated, "This Ordinance has a Conditional effective date. It would only become effective upon Ordinance 2008-03 becoming effective, which is thirty-one (31) days from now." 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. Ms. Sahlstrom commented briefly on this Agenda Item.. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER BROWN." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Not Used. PUBLIC HEARINGS 503. Not Used. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING -APRIL 28, 2008 PAGE I S OF 19 PUBLIC HEARINGS 504. Community Development Department -Planning Division Requests The City Commission Conduct A Public Hearing For The First Reading Of Ordinance 2008-09, Which Redefines The City Boundaries Of Winter Springs To Include Lands Previously Annexed By The City And Provides For Incorporation Into The City Charter. Mayor Bush stated, "Can we have a Motion to read by `Title' only?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2008-09 by "Title" and noted, "This Ordinance will just redefine the City's boundaries, just to update the City Charter. This Ordinance does not annex any new property. Again, it only affects lands that have already been annexed with the City." 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 MOVE TO SECOND READING." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING -APRIL 28, 2008 PAGE I6 OF 19 REGULAR AGENDA -NEW FOR THIS AGENDA REGULAR 601. Office Of The City Manager Requests That The City Commission Consider Whether They Wish To Hold A Meeting To Replace The Second May Meeting Which Falls On Memorial Day -And Is A Holiday. Mayor Bush asked, "Do you want to just have one (1) Meeting in May or do you want to have another Meeting?" Commissioner McGinnis stated, "I don't have a problem with having one (1) Meeting in May." Mayor Bush suggested, "Could we leave it to the point that if we need one, we have one." Commissioner McGinnis said, "That is good." Mayor Bush added, "If we don't, we don't; but not on Memorial Day." Commissioner Miller stated, "I think we ought to not have it. If we need to have a Meeting, I think you just need to have a Meeting, but not on Memorial Day." With discussion, Deputy Mayor Gilmore stated, "I would just as soon not have one, but I am concerned that we are going to get loaded up if we don't." Mayor Bush stated, "Well, I think that would be the Manager's decision to see whether or not there is enough items that he felt we needed to have another Meeting." Mr. Lockcuff asked, "Do you want to re-Agenda this for the 12`" [May 2008] like the last [Agenda] Item?" Commissioner Brown stated, "Yes." Mayor Bush remarked, "Put it under the Manager's Seat - it does not need to be an Agenda Item." Discussion followed on the Community Development Department needing to advertise for Second Reading and when these Hearings could be held. Mr. Lockcuff suggested, "So, they could all go to the June Meeting?" Mr. Stevenson stated, "They could. We just - as long as we know, then we can do the advertising. If it is going to be the first Meeting in June, we'll advertise it." Mr. Lockcuff noted, "We'll assume the June Meeting, unless we're told different." Commissioner McGinnis pointed out, "June 9`" [2008], okay." Commissioner Miller added, "June." Mayor Bush reiterated, "So, then one (1) Meeting in May unless there are extenuating circumstances." Mr. Lockcuff then added, "On [May] the 12`", you will make the final decision." Mayor Bush said, "Right. Okay, and the Manager will bring it up under his Seat. It does not need to be an Agenda Item." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING -APRIL 28, 2008 PAGE 17 OF 19 REGULAR 602. Public Works Department Requests The City Commission Consider Approving A Site Development Permit Agreement With Tousa Homes, Inc. For Limited Mowing And Grubbing Of Selected Wetland Areas At Sonesta Pointe. Mr. Fields presented this Agenda Item and displayed aerial photographs. Discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Tape 2/Side B REGULAR 603. Public Works Department Requesting City Commission Approval Of The Draft Final Engineering Plans For Sidewalks On Northern Way And Shetland Avenue. Mr. Fields introduced this Agenda Item and said, "The design has been substantially finalized and it has now been submitted to three (3) entities at the same time. It has been submitted to the Commission tonight. It's been submitted back to the residents to give them any final input, really more so they can verify that what we met with and what we talked about and agreed to on site has actually been incorporated into the Plans; and it has also been submitted to Seminole County for their Final Approval as well." Continuing, Mr. Fields stated, "Again, this Agenda Item is only for the design Approval. It will be brought back for construction Approval in June. The project as we mentioned before, is being funded entirely by Seminole County. Seminole County, just so you know, the source of their funding for the project is the One Cent Sales Tax which as we discussed earlier with the payment can only be used for Transportation related projects, roadways and sidewalks. Staff recommends Approval subject to minor modifications based on input from Seminole County and any final input from the residents." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING -APRIL 28, 2008 PAGE 18 OF 19 "I MOVE THAT WE PROCEED WITH THE FINAL ENGINEERING PLANS AND BRING THIS BACK TO THE COMMISSION. I ALSO ADD INTO THIS MOTION THAT THE PUBLIC, THE RESIDENTS HAVE UNTIL MAY 2ND [2008] TO RESPOND AND THAT STAFF INCORPORATE ANY OF THOSE CHANGES INTO THE FINAL DRAFT OR THE FINAL DESIGN. SO THAT WOULD BE PART OF THE MOTION. NOW, THAT IS YOU KNOW, ACCEPTABLE DESIGN. IF WE HAVE A PROBLEM, THEY ARE GOING TO HAVE TO BRING IT BACK, BUT CLEARLY I AM SAYING WE NEED TO LISTEN TO THE RESIDENTS BECAUSE THEY HAVE UNTIL MAY 2ND [2008] TO RESPOND. I HAVE HAD RESIDENTS CALL ME ON THIS AND I HAVE MET WITH THEM AND I THINK THAT THEY HAVE AGREED THAT THIS IS OKAY, BUT GIVE THEM UNTIL MAY 2ND, [2008]." MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 604. Office Of The City Clerk And Office Of The City Attorney Request That The City Commission Approve Resolution Number 2008-23, Establishing A Records Retention Policy For The Retention Of Certain Records For Periods Of Time Exceeding The Minimum State Requirement. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mayor Bush spoke for the Record on the Motion. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES CITY COMMISSION REGULAR MEETING -APRIL 28, 2008 PAGE 19 OF 19 REGULAR 605. Office Of The City Clerk And Office Of The City Attorney Request That The City Commission Approve Resolution Number 2008-24, Authorizing The Retention Of Official Meeting Minutes And Supporting Documents For Periods Of Time Exceeding The Minimum Requirement For Retention Provided By Florida Law. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 7:49 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK AND ~~~~ J AN L. BROWN PUTY CITY CLERK APPRUVFD: ,. YOI~ JOI~T?~1 F. BUSH NOTE: These Minutes were approved at the May l2, 2008 Regular City Commission Meeting. REDlEIi~ED APR 3 0 2008 ~,~~~ FORM 8B MEMORANDUM OF VOTING CONFLI~~ ~~~ , COUNTY, MUNICIPAL~AND OTHER LOCAL PUBLIC ~~ CERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE RESS MAILING AD D THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON // t' ~~~ NAR/~ii~A e//AC ~ WH~ I SERVE IS A UNIT OF: COUNTY CITY ^ COUNTY ^ OTHER LOCAL AGENCY CITY ' ~/. i' ~ ~ v ( ems v NAME OF POLITICAL SUBDI ISION: ~ e •7 ,~ ~ ~ s DATE ON WHICH VO E OCCU RED MY POSITION IS: -~8'. V LECTIVE ^ APPOINTIVE WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. G INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. ., ,. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 86 - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) R~~~ Id6'~D APR 3 0 2008 CITY OF WINT~Ft SPR9fyCj$ OFFICE OF THE CITY GI_E~K • A copy of the form must be provided immediately to the other members of the agency. • l~he form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, /~,'C /lo.~,l C \(~iLuc/h , hereby disclose that on ~ .?~- ~ ~ , 20 Q~: (a) A measure came or will come before my agency which (check one) ~ured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of , by whom I am retained; or inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: -~ ~e~so~.a/y vhpvcrreTt Ail er~ihT `ia~,e,,,~~ /~ ~~e C~'Ty~~~,e~ /~ ~VJ.OiIi~A/~r /~J~/Pi'14.. ~,'~/A~c~~A~ ,~tC~~Si-U~J Gµ,01c 6e1`+~~c ~'~C ~rlf/lliSSr~Ui/ Wirl~o^ C~gd.StD p7C c!b Jac ~l.+~t/iG< trT" ~G CiTr A7liY'Aey 7b ~J~S%.3i~7, L~ 3~-~~ Date Filed _ - S' nat ~~: - NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 86 - EFF. 1/2000 PAGE 2