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HomeMy WebLinkAbout_2009 01 12 City Commission Regular MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JANUARY 12, 2009 CALL TO ORDER The Regular Meeting of Monday, January 12, 2009 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 Joanne M. Krebs, present Commissioner Jean Hovey, present Commissioner Rick Brown, present Commissioner Gary Bonner, present Commissioner Sally McGinnis, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. • • AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS "300" WAS PRESENTED FIRST, FOLLOWED BY THE REST OF THE AGENDA AS NOTED. • • AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The City Manager And Office Commission Presentation Of Employee Recognition Awards To Emalovees. Employee Service Awards were presented. Of The Mayor And City The City Of Winter Springs With assistance from the City Commission, Mayor Bush presented Employee Recognition Awards to the following Employees who were in attendance: CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 2 OF 39 S Years Of Service: Mr. Ken Hutchings, Public Works Department, Stormwater Division; and Mr. Danny Richart, Parks and Recreation Department. 10 Years Of Service: Ms. Valarie Mendelson, Police Department; Mr. Russell Tew, Police Department; Mr. Clarence Graham, Utility Department; and Mr. Dan Williams, Utility Department. 1 S Years OJService: M.s. Vivian Poyser, Police Department. 20 Years Of Service: Mr. Bruce Schneider, Public Works Department; and Mr. Mike Goodall, Utility Department. 25 Years Of Service: Mr. Leonard Hadden, Public Works Department. 30 Years Of Service: Mr. David Tryon, Fire Department; and Mr. Keith Guglielmello, Fire Department. • • AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEM NUMBER "107" WAS DISCUSSED NEXT. • • CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 3 OF 39 INFORMATIONAL AGENDA INFORMATIONAL 107. Office Of The City Manager ADD-ON Advising The City Commission Of The Appointment Of Police Captain Kevin Brunelle To The Position Of Police Chief Effective January 12, 2009. Mayor Bush welcomed former Chief of Police Daniel J. Kerr who assisted pinned the Chief of Police Badge on the new Chief of Police Kevin Brunelle. Newly Appointed Chief of Police Kevin Brunelle addressed those in attendance. Discussion. Commissioner Mike McLean, Seminole County, 1101 East First Street, Sanford, Florida: addressed the City Commission on the February 13, 2009 State of the County luncheon. Discussion. In other City business, City Manager Ronald W. McLemore read a Memorandum into the Record and resigned from his position of City Manager. Copies of this document were then distributed to those on the dais. City Attorney Anthony A. Garganese passed out a "Mutual Separation Agreement" and stated, "As the Commission is aware, the previous City Commission on November 241h, of 2008 approved a Severance Agreement with the Manager." Attorney Garganese added, "Based on the previous severance agreement - I put together a `Mutual Separation Agreement' ." Deputy Mayor Joanne M. Krebs inquired, "Have the terms changed? As far as the Severance?" Attorney Garganese remarked, "No. The substantive part of the Severance does not change, but this is a `Mutual Separation' which was not called out in the previous Agreement." Discussion. "MOTION TO ACCEPT." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. MAYOR BUSH ADDED, "MOTION TO ACCEPT THE `MUTUAL SEPARATION AGREEMENT' BY COMMISSIONER BROWN." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 4 OF 39 VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Mayor Bush called a Recess at S: 44 p. m. The Regular Meeting was called back to Order at 5:54 p. m. Brief discussion. Deputy Mayor Krebs stated, "We have to Appoint an Interim City Manager and I was wondering if that was appropriate?" "MAY I MAKE A MOTION TO HAVE KEVIN SMITH AS OUR INTERIM [CITY MANAGER]." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR BUSH NOTED, "MOTION BY DEPUTY MAYOR KREBS TO APPOINT KEVIN SMITH AS OUR INTERIM MANAGER AND SECONDED BY COMMISSIONER BROWN." COMMISSIONER McGINNIS ASKED, "IS THIS AGREEABLE WITH YOU KEVIN (SMITH)?" MR. SMITH STATED, "I THINK AT THIS POINT IN TIME, WHATEVER IS IN THE BEST INTEREST OF THE CITY - SHOULD BE AGREEABLE TO EVERYONE AND IT'S CERTAINLY AGREEABLE TO ME." COMMISSIONER BONNER INQUIRED, "TIME FRAMES AND SO ON -WHAT IS THE TERM OF INTERIM AND SO ON? DO WE ADDRESS THIS AT SOME FUTURE TIME - THESE VARIOUS STEPS? IS THIS ACTING UNTIL FURTHER NOTICE, ETC., ETC.?" MR. SMITH COMMENTED, "AGAIN, WHATEVER THE COMMISSION DESIRES. WE'LL CERTAINLY BE HAPPY TO DO THAT - I WOULD SUGGEST THAT WE TAKE THE NEXT TWO (2) WEEKS TO LET STAFF FORMULATE SOME RECOMMENDATIONS AND COME BACK TO YOU AND SEE IF YOU ARE AGREEABLE TO THOSE RECOMMENDATIONS - I DO HAVE SOME IDEAS, IF I MAY." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 5 OF 39 VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mayor Bush stated, "Congratulations Kevin (Smith)." Interim City Manager Kevin L. Smith joined the City Commission on the dais. Mayor Bush noted, "At some point too, I think the Commission needs to consider compensation for this for Kevin (Smith)." Commissioner Rick Brown stated, "Yes." Commissioner Jean Hovey also noted her agreement. No objections were voiced. Commissioner Brown suggested, "Will you come back in the next two (2) weeks with that as well?" Mayor Bush noted, "That will be one of the things that Kevin (Smith) and the Staff will bring back in two (2) weeks." Commissioner Sally McGinnis added, "I would say it would be retroactive too." Commissioner Brown remarked, "Thank you - yes." Deputy Mayor Krebs noted, "Right, to this date, right." Discussion ensued on Ronald W. McLemore's accomplishments, Mayor Bush noted, "Over these twelve (12) years, Ron (McLemore) has hired excellent people. We have, I think, really outstanding Department Heads of which we can all be proud of and I think they do a great job in the City." Commissioner Gary Bonner added, "I feel very comfortable that during this interim period, the City will operate well and is in good hands with our Interim City Manager as well as with the Staff carrying forward." Commissioner McGinnis asked that before our next Meeting that Interim City Manager Smith could compile a list of recognitions that this City has received like the Financial Reporting Award, the Sterling Award, and other recognitions. Interim City Manager Smith stated, "Absolutely. Sure." • • AGENDA NOTE: THE REST OF THE INFORMATIONAL AGENDA WAS DISCUSSED NEXT, AND WAS FOLLOWED BY THE REST OF THE AGENDA AS NOTED. • • CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 6 OF 39 INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Pro i ects. Commissioner Brown asked if some of the completed projects would be removed from the Report. Further discussion followed with Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department and Mr. John Baker, AICP, Senior Planner, Community Development Department. INFORMATIONAL 101. Community Development Department - Urban Beautification Services Division Wishes To Inform The City Commission Of Action Taken By The Tuscawilla Lighting And Beautification District Advisory Board At Their Regular October 15, 2008 Advisory Board Meeting. No discussion. INFORMATIONAL, 102. Office Of The City Manager Providing The Commission With Information Regarding The City Charter. Commissioner Brown noted, "I was going to suggest that we pull that to Regular, so that we can discuss a time frame...." Deputy Mayor Krebs added, "...Yes..." Commissioner Brown noted, "...Where we will actually have a real Agenda -maybe not even on this Meeting; maybe on next Meeting, so that we can discuss the process with Anthony (Garganese), the process with Kevin (Smith). Whether we have the Citizen's Board or bring in a Consultant who knows exactly what we do..." Deputy Mayor Krebs commented. "...Right. I agree." Commissioner Bonner stated, "I support that as well." Commissioner McGinnis added, "I thought it would anyway?" Mayor Bush summarized, "So, Kevin (Interim City Manager Smith), let's put this - as an Agenda Item - at the next Meeting." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 7 OF 39 INFORMATIONAL 103. Public Works Department Advising The City Commission On A Pending Speed Limit Reduction On S.R. (State Road) 434 From 50 MPH (Miles Per Hour) to 45 MPH (Miles Per Hour) From Central Winds Parkway To Tuskawilla Road. With discussion, Staff was asked about notice to the public; and it was suggested that it could have been included in the recent Newsletter and we need to do a better job communicating such changes to the community. Members of the City Commission asked if there was something that could attract attention to the new speed limit signage? Mr. Brian Fields, P.E., City Engineer, Public Works Department stated, "We can ask the DOT (Department of Transportation)." Further discussion. Mayor Bush suggested this be noted in the water bill. Chief Brunelle added, "The other thing that I can do too, is put it through our community alert -process with the Homeowner's Associations. I'll put out a community alert and we will send that out." Deputy Mayor Krebs also suggested adding it to the City's Website. Discussion. Mayor Bush asked if the number of warnings given out could be reported back to the City Commission. Chief Brunelle stated, "We can track that." Furthermore, Chief Brunelle asked, "Thirty (30) days or sixty (60) days?" Mayor Bush suggested, "How about after a couple of weeks -and then the City Commission can decide if they want to maybe extend it past thirty (30) days, depending on whatever your recommendation is." No objections were voiced. INFORMATIONAL 104. Public Works Department Providing The City Commission With An Informational Update Regarding Emergency Access At Winding Hollow. Brief discussion. Tape 1/Side B With further discussion on the Alton Road solution, Commissioner Bonner asked about timeline and connection to the TMDL (Total Maximum Daily Load) Master Plan and Mr. Fields explained, "We don't have to tie it to that project." Furthermore, Mr. Fields asked, "If it's acceptable to the Commission, we could bring that back after the plan is complete and let you know what the estimated timeline would be for the water quality project." Commissioner Bonner noted his preference for this. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 8 OF 39 INFORMATIONAL 105. Parks And Recreation Department Wishes To Inform The City Commission That The Date Of The Sweetheart Gala Is February 13, 2009 And It Will Be Held Again At The Winter Springs Civic Center. This Agenda Item was not discussed. INFORMATIONAL 106. Community Development Department -Arbor Division Informing The City Commission Regarding Winter Springs Being Named As One Of Only 186 `Sterling Communities' By The National Arbor Day Foundation, Tree City USA (United States Of America) Program. No discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. • • AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE DISCUSSED NEXT, BUT NOT NECESSARILY IN THE FOLLOWING ORDER. :• • Commissioner Brown stated, "I am going to suggest that we pull `215' to the Regular Agenda tonight for discussion." Mayor Bush added, "We will put `215' on the Regular Agenda this evening." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 9 OF 39 CONSENT AGENDA CONSENT 200. Community Development Department - Urban Beautification Services Division Requesting Consent From The City Commission For The City Manager To Contract With Site Solutions Of Central Florida, Inc., In The Amount Of $23,659.10, Plus A 10% Contingency, For The State Road 434 Median End Cap Paver Project (ITB [Invitation To Bid] 004/09/SR). Discussion followed with Mr. Steve Richart, Urban Beautification Services Division, Community Development Department. Much discussion. "MOTION TO APPROVE" (CONSENT AGENDA ITEM "200"). MOTION BY COMMISSIONER McGINNI5. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. CONSENT 201. Public Works Department Requesting Adoption Of The Disaster Debris Management Plan. There was no discussion on this Agenda Item. CONSENT 202. Office Of The City Attorney And Office Of The City Clerk Asking The City Commission To Consider The Adoption Of Resolution 2009-O1 Formally Appointing Five (5) Members To The City's Board Of Trustees. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 10 OF 39 CONSENT 203. Not Used. CONSENT 204. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. With discussion, Commissioner Brown inquired about the extra furniture and items piled up in the Training Room and was anything being done with that? Mayor Bush stated, "Let's give that to Mr. Smith" and further added, "Mr. Smith will come back with a solution to that problem." Commissioner Brown added, "I keep expecting it to show up on a -Destruction list, and it never seems to." CONSENT 205. Not Used. CONSENT 206. Office Of The Mayor And City Commission Requesting Approval Of Resolution Number 2009-02 Expressing Appreciation To Commissioner Robert S. Miller For His Service On The City Of Winter Springs City Commission. No discussion. CONSENT 207. Office Of The Mayor And City Commission Requesting Approval Of Resolution Number 2009-03 Expressing Appreciation To Commissioner Donald A. Gilmore For His Service On The City Of Winter Springs Citv Commission. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 11 OF 39 CONSENT 208. Community Development Department - Urban Beautification Services Division Requesting Consent From The City Commission For The City Manager To Contract With Schooz Company, d/b/a (Doing Business As) Mark Cockerill Properties, In the Amount Of $36,244.00, For The Tuscawilla Lighting And Beautification District (TLBD) Entrance Sign Refurbishment Project (ITB [Invitation To Bid] 003/09/SR). Discussion. CONSENT 209. Public Works Department - Stormwater Division Requests Approval To Enter Into A Project Agreement With The Natural Resources Conservation Service (NRCS) For The Restoration Of City Waterways Damaged During Tropical Storm Fay. This Agenda Item was not discussed. CONSENT 210. Public Works Department Requesting City Commission Approval Of The 3-Year Pavement Resurfacing Master Plan. Discussion ensued on paving streets in the Ranchlands. Mr. Fields explained, "It's budgeted before we proceed with preparing any type of Bid construction package, we would -come back in two (2) weeks with a polling plan and then proceed with that and then bring it back to the Commission to act before we go into design and bidding construction." Mayor Bush then asked, "Do you want to just put this on the Agenda at the next Meeting?" Mr. Fields stated, "Yes we can." Furthermore, "It doesn't have to be approved tonight, does that -slow it up - if we just pull this item and put it on the next Meeting." Mr. Fields added, "The Ranchlands is not part of this Agenda Item. We can bring that back at the next Meeting." Mayor Bush inquired, "Commissioners, is that okay with all of you?" Commissioner McGinnis stated, "That is good." Commissioner Brown remarked, "Yes." No objections were noted. Discussion ensued on bidding; a priority list; and Wingspan Way. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 12 OF 39 CONSENT 211. Public Works Department -Stormwater Division Requests City Commission Authorization To Piggyback Off Orange County Contract Number Y6-1005-J2 With Reynolds Inliner, Inc. To Perform Stormwater Piping Repairs At Various Locations. No discussion. CONSENT 212. Community Development Department - Urban Beautification Services Division Requesting Authorization To Set The City Baseline Streetlight Rate To $13.52 Pursuant To A Revised Rate Schedule Provided By Progress Energy, Effective January 1, 2009. The Revised Rate Represents An Increase Of $.77 Over The Previous Rate Of $12.75 Per Month. Brief discussion. CONSENT 213. Office Of The Mayor And City Commission Requesting Approval Of Resolution Number 2009-04 Expressing Appreciation To Denise Ritchey For Her Service On The Tuscawilla Lighting And Beautification District Advisory Committee. There was no discussion on this Agenda Item. CONSENT 214. Office Of The Mayor Asking The City Commission To Review And Consider Approving The Attached Resolution Number 2009-OS Related To "Building Citizenship In The Community: Back To Basics" Initiative Of The Florida League Of Cities. This Agenda Item was not discussed. CITY OF W[NTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 13 OF 39 CONSENT 215. Finance Department Requests The Commission Approve Resolution 2009-06 Designating The City Manager And The Finance Director As Authorized Representatives To Execute Documentation Required By CNLBank On Behalf Of The City Of Winter Springs. As noted earlier, this Agenda Item was moved to the Regular Agenda. CONSENT 216. Office Of The City Clerk Approval Of The December 5, 2008 City Commission Emergency Special Meeting Minutes. No discussion. CONSENT 217. Office Of The City Clerk Approval Of The December 8, 2008 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 218. Office Of The City Clerk Approval Of The December 15, 2008 City Commission Special Meeting Minutes. This Agenda Item was not discussed. CONSENT 219. Office Of The Mayor And City Commission Requesting Approval Of Resolution Number 2009-07 Expressing Appreciation To A. Mark Sardo For His Service On The Board Of Trustees. No discussion. CONSENT 220. Office Of The Mayor And City Commission Requesting Approval Of Resolution Number 2009-08 Expressing Appreciation To Michael S. Blake For His Service On The Board Of Trustees. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 14 OF 39 CONSENT 221. Office Of The Mayor And City Commission Requesting Approval Of Resolution Number 2009-09 Expressing Appreciation To David W. McLeod For His Service On The Board Of Trustees. This Agenda Item was not discussed. "MOTION TO APPROVE CONSENT" [AGENDA EXCLUDING `200' WHICH WAS VOTED ON INDIVIDUALLY AND `215' WHICH WAS PULLED TO THE REGULAR AGENDA]. MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REPORTS REPORTS 400. Office Of The City Attorney -Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager -Ronald W. McLemore Interim City Manager Smith congratulated Chief of Police Brunelle. REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, MMC City Clerk Andrea Lorenzo-Luaces mentioned that an Appointee to the Oak Forest Wall and Beautification District Advisory Committee from June of 2008 has not yet attended an Orientation nor been sworn in, and that in light of that, Commissioner Bonner has been informed. It was suggested that Commissioner Bonner would need to make a new Appointment. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 15 OF 39 Mr. Donald A. Gilmore, 803 Leopard Trail, Winter Springs, Florida: addressed the City Commission on this Appointment he made in June 2008 to the Oak Forest Wall and Beautification District Advisory Committee. Commissioner Bonner stated, "I will be happy to pursue a new candidate for that vacancy." Mayor Bush said, "Maybe at the next Meeting?" Commissioner Bonner noted, "Yes." Mayor Bush suggested this be added to the next Agenda. Next, City Clerk Lorenzo-Luaces commented that Mayor Bush had asked that the Members of the City Commission attend a luncheon for the UCF (University of Central Florida) Incubator scheduled for January 29, 2009. Commissioner Brown added, "I can do it." Mayor Bush added, "Let's go ahead with it on that day." Deputy Mayor Krebs asked that an email be sent on this. City Clerk Lorenzo-Luaces responded, "Sure." Mayor Bush then asked, "So you will confirm that Andrea (Lorenzo-Luaces) and just let us all know?" City Clerk Lorenzo-Luaces added, "Yes Sir, I will be glad too. Lastly, City Clerk Lorenzo-Luaces asked the Commission for their preference of a Photographer. "CHARLES WELLS HAD THE LOWER PRICE OF ALL; WOULD COME HERE AND DO IT; AND WAIVE THE FEE. SO, I WOULD SUGGEST THEN AT THAT POINT WE GO WITH - (CHARLES] WELLS. I MAKE IT A MOTION." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. COMMISSIONER McGINNIS SAID TO CITY CLERK LORENZO-LUACES, "THERE WERE SOME REAL ISSUES -BUT IF YOU CAN WORK WITH HIM ON THAT, SO WE DON'T END UP WITH THE SAME BACKGROUND." CITY CLERK LORENZO-LUACES ADDED, "CAN I SEND YOU AN EMAIL IF THIS IS APPROVED AND ASK YOU WHAT YOUR DATES WOULD BE AND WE WILL TRY TO GET IT DONE IN THE NEXT COUPLE OF WEEKS? IS THAT ALRIGHT?" COMMISSIONER McGINNIS STATED, "YES." NO OBJECTIONS WERE NOTED. MAY I SUGGEST THAT WE ASK ANDREA (LORENZO-LUACES) TO PICK THE BACKGROUND?" COMMISSIONER BROWN STATED, "YES." COMMISSIONER BONNER NOTED, "AGREED." COMMISSIONER McGINNIS ADDED, "YES, I DON'T WANT IT TO COME BEFORE US. JUST DO IT." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 16 OF 39 VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REPORTS 403. Commission Seat Two -Rick Brown No Report. REPORTS 404. Commission Seat Three -Gary Bonner Commissioner Bonner commented on the recent CALNO (Council of Local Governments in Seminole County) meeting and the large number of employee initiatives underway as identified by a guest Speaker from the City of Altamonte Springs. It was suggested that Interim City Manager Smith might want to check into the initiatives presented by the City of Altamonte Springs. REPORTS 405. Commission Seat Four -Sally McGinnis Commissioner McGinnis asked about the status of Red Light Cameras. Discussion followed with Captain Tolleson. Next, Commissioner McGinnis commented on guests of hers here over the holidays who commented positively on Blumberg Boulevard. REPORTS 406. Commission Seat Five/Deputy Mayor -Joanne M. Krebs Deputy Mayor Krebs also mentioned the program and employee initiatives highlighted at the CALNO (Council of Local Governments in Seminole County) meeting held in Altamonte Springs. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 17 OF 39 Secondly, Deputy Mayor Krebs commented on issues with rules and Fees at the Senior Center -how many times a guest can be brought; what the costs of the meals are; and are guests charged more? Deputy Mayor Krebs stated, "I want an item to come up about it." Mayor Bush asked, "Everybody in agreement? No objections were voiced. Mayor Bush then said to Interim City Manager Smith, "Make sure that gets on the Agenda." Mayor Bush added, "Susie (Coffman) will be here for that Meeting too." Lastly, Deputy Mayor Krebs asked if the Police Department had programs entitled "Are you okay?" and "Residential Keybox" and inquired, "Is there some way we can possibly look at that?" Captain Glenn Tolleson, Police Department remarked, "We'll take care of that?" Interim City Manager Smith added, "We'll look at it Commissioner, with the Police Department and we' 11 come back to you." Deputy Mayor Krebs also mentioned possible Grants. With further comments, Captain Tolleson stated, "We'll bring it back -next Meeting." Deputy Mayor Krebs noted, "It may take longer to do some research." Interim City Manager Smith added, "We'll look into it Commissioner." Commissioner McGinnis added, "I would like to know the pros..." Tape 2/Side A REPORTS 407. Office Of The Mayor -John F. Bush Mayor Bush mentioned that the City of Winter Springs is hosting the Tri-County League of Cities Meeting this Thursday, January 15, 2009; and that the Oviedo-Winter Springs Regional Chamber of Commerce is also meeting on that same date. Both meetings will be held at the Tuscawilla Country Club. REPORTS 408. Commission Seat One -Jean Hovey Commissioner Hovey commented on concerns with the Budget and thought that a Citizen's Review Committee would be a good idea; and also suggested that the Budget Review process be started now. Interim City Manager Smith agreed and said, "I would like to suggest to you, that to the extent it's possible - we get started much sooner." Commissioner Bonner said, "I will just give Kevin (Smith) an amen there. Let's get going." Commissioner Brown added, "Sounds good." Deputy Mayor Krebs remarked, "I totally agree with starting the - Budget Process earlier." Furthermore, Deputy Mayor Krebs stated, "While I would like to have citizen's input and I think we should have Budget -Workshops where we have citizen's input, I want to be there." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 18 OF 39 Furthermore, Deputy Mayor Krebs stated, "I definitely want to be at every one. I don't want to create a separate group, to do something that I am not part of." Continuing, Interim City Manager Smith noted, "One thing, if I may that we need to be careful about is you need to be able to obviously manage the process. I thought we had a great group on our twenty-one (21) member Citizen's Advisory Committee on Property Tax Reform, however, it did get a little difficult to manage because of the numbers; so there has got to be a balance there; but absolutely, I agree." Deputy Mayor Krebs then said, "But that is some of the information that -personally, we need to hear - be made aware of so that we can make that decision with the citizens who will also have hopefully recommendations as well, during those Workshop Hearings." Mayor Bush said to Interim City Manager Smith "You can come back with the procedures on how we are going to move forward with that." Interim City Manager Smith remarked, "Be happy to." Mayor Bush added, "Some recommendations on what size -and of course, the Workshops - we always take Public Input at the Workshops anyway. And, I think having more Workshops and not all bunched up together..." Deputy Mayor Krebs noted, "Yes." "I MOVE TO RESCIND THE APPOINTMENT OF DONALD GILMORE TO THE TLBD (TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT [ADVISORY COMMITTEE])." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BONNER: NAY DEPUTY MAYOR KREBS: NAY COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER BROWN: NAY MOTION DID NOT CARRY. PUBLIC INPUT Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: spoke of recent Commission Meetings; recent Motions; his recent resignation from one of the City's Advisory Boards; disruptions; and investigative actions. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 19 OF 39 Mr. Paul Partyka, 292 Solaris Wharf Street, Winter Springs, Florida: representing the Oviedo-Winter Springs Regional Chamber of Commerce, Mr. Partyka commented on the City's upcoming 50th Anniversary and that his organization is willing to assist with this effort; and that Mr. McLemore deserved credit for his accomplishments. Mr. Partyka then offered Interim City Manager Smith the support of their Board; and congratulated Mayor Bush on his upcoming Presidency of the Tri-County League of Cities. Mr. Partyka also congratulated Chief Brunelle; and then complimented Staff on their efforts with Special Events. Mr. Arsenio Calle, 110 Arrowhead Court, Winter Springs, Florida: remarked about the Budget; budget-cuts being made in Tallahassee; and hoped to see a monthly statement produced by the City comparing projected revenue and projected expenditures. Deputy Mayor Krebs added that this has been requested of the City Manager before. Interim City Manager Smith said, "I would ask if I could get just a little bit of time to interject some of my thoughts in how we're going to come to you on that process and come back to you and give you what you need." Deputy Mayor Krebs said, "I would like to see a sample of it before you do, before you go to all that trouble to -reproduce something so that you can tweak it if we need to. Yes, that is fine." No objections were voiced. Mr. Matt Matisak, 794 Seneca Meadows, Winter Springs, Florida: thanked the Volunteers on the Events Committee for the work they have done and asked that this Committee be formally recognized as a City Committee with paid expenses. Related to Regular Agenda Item "608", Mr. Matisak suggested that the Commission Policy include that Commission Meetings be mandated to be added early to the City's Website. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: welcomed the new Interim City Manager and new Chief of Police; commented on Grant money; emergency access to communities; Advisory Boards and Committees; and suggested there be a plan for all roads and infrastructure. Brief discussion followed on bathroom facilities at Trotwood Park. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 20 OF 39 PUBLIC HEARINGS 501. Community Development Department Recommends The City Commission Hear The Request For A Waiver From The Twenty (20) Foot Side Yard Setback Set Forth In Section 20-146. Of The City Code, Pursuant To The Waiver Criteria And Procedure Detailed In Section 20-34., To Allow An Open Garage Structure To Be Constructed At 510 Moss Road, Within Ten (10) Feet Of The Side Lot Line. Mr. Baker introduced this Agenda Item for 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. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. In other City business, Interim City Manager Smith explained, "As you know we had invested some sixteen million dollars ($16,000,000.00) in the "CDARS" (Certificate Of Deposit Account Registry Services) Program in two (2) separate investments. One often million ($10,000,000.00), one of six million ($6,000,000.00). The ten million ($10,000,000.00) has matured, it was atwenty-eight (28) day investment I believe. The ten million ($10,000,000.00) that has matured is sitting in Bank of America right now. The six million ($6,000,000.00) is scheduled to mature and be transferred to Bank of America this Thursday. So, as of this Thursday, we'll have sixteen million ($16,000,000.00) dollars sitting in Bank of America." Furthermore, Interim City Manager Smith recommended, "My suggestion to you is you know we are also going to take up the Financial Advisor Item tonight. If it is the Commission's desire to go forward with the Financial Advisor per Staff's recommendation, Iwould recommend that we either leave the money in the bank or roll it for another twenty-eight (28) days with "CDARS" (Certificate Of Deposit Account Registry Services). Iwould lean towards rolling it one time for twenty-eight (28) days, to give the opportunity for that Financial Advisor to get on board and get us some recommendations and move forward with some professional advice." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 21 OF 39 Commissioner Brown stated, "The email that -the Commission received, when I read it, appeared to say that since that money had matured and had gone back in the bank there was sixteen million ($16,000,000.00) dollars sitting in the bank account." Ms. Michelle Greco Director, Finance Department explained, "What I thought I was saying was that on Thursday the 8th, ten million [dollars] ($10,000,000.00) came back, and that Thursday the 15th, another six million [dollars] ($6,000,000.00) would be coming." Commissioner Brown added, "So that six million [dollars] ($6,000,000.00) was in fact invested in the "CDARS" (Certificate Of Deposit Account Registry Services)." Ms. Greco added, "Correct, because what we were directed to do on December 5`h was invest sixteen million [dollars] ($16,000,000.00), and remember, we could only invest ten million [dollars] ($10,000,000.00) at a time, so we're in limbo right now. Ten [million dollars ($10,000,000.00)] has come back; six million [dollars ($6,000,000.00)] will be coming back in three (3) days." "I WILL MOVE THAT WE DIRECT THE MANAGER AND THE FINANCE DIRECTOR TO PROCEED WITH REINVESTMENT OF NOT ONLY THE TEN MILLION [DOLLARS] ($10,000,000.00), BUT THE FORTHCOMING SIX MILLION [DOLLARS] ($6,000,000.00) BACK INTO THE `CDARS' (CERTIFICATE OF DEPOSIT ACCOUNT REGISTRY SERVICES) PROGRAM; SO, THAT IT WILL BE HELD IN TRUST FOR OUR CITIZEN'S." MOTION BY COMMISSIONER BONNER. COMMISSIONER BONNER ADDED, `TWENTY-EIGHT (28) DAYS FOR A ONE (1) TIME ONLY." SECONDED BY COMMISSIONER BROWN. DISCUSSION. DEPUTY MAYOR KREBS ASKED, "DOES THAT MEAN WE CAN ONLY DO TEN MILLION [DOLLARS] ($10,000,000.00) THIS WEEK AND THEN WE HAVE TO WAIT ANOTHER WEEK?" INTERIM CITY MANAGER SMITH ANSWERED, "YES, I NEED TO BE VERY CLEAR ON THAT. AGAIN, MY GOAL IS -UNTIL WE GET AN FA (FINANCIAL ADVISOR) ON BOARD AND GET SOME PROFESSIONAL ADVICE." CONTINUING, DEPUTY MAYOR KREBS REMARKED, "SO, WE CAN IMMEDIATELY PUT THE TEN MILLION [DOLLARS] ($10,000,000.00) THAT WE HAVE RIGHT OUT RIGHT NOW..." INTERIM CITY MANAGER SMITH STATED, "...ABSOLUTELY." DEPUTY MAYOR KREBS CONTINUED BY SAYING, "AS SOON AS THAT SIX MILLION [DOLLARS] ($6,000,000.00) COMES BACK IN, WHICH WOULD PUT US INTO NEXT WEEK, THEN WE CAN PUT THAT IN NEXT WEEK." WITH FURTHER DISCUSSION, INTERIM CITY MANAGER SMITH THEN SAID, "OUR TEN MILLION [DOLLARS] ($10,000,000.00) THAT WE HAVE RIGHT NOW WOULD BE PLACED THIS THURSDAY. THE SIX MILLION [DOLLARS] ($6,000,000.00) WOULD BE PLACED NEXT THURSDAY." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 22 OF 39 COMMISSIONER BROWN NOTED, "THERE IS A WEEK BETWEEN MATURITIES, SO WE WON'T BE UNCOVERED AT ANY GIVEN TIME." COMMISSIONER HOVEY THEN ASKED, "ARE THERE ANY OTHER FUNDS THAT ARE GOING TO COME BACK TO US? DIDN'T WE HAVE MORE THAN THE SIXTEEN MILLION [DOLLARS] ($16,000,000.00) IN THE "CDARS" (CERTIFICATE OF DEPOSIT ACCOUNT REGISTRY SERVICES)?" INTERIM CITY MANAGER SMITH, EXPLAINED "WE HAVE FIVE IN T- BILLS." COMMISSIONER HOVEY THEN SAID, "SO, THAT IS THE ONLY MONEY THAT IS GOING TO COME BACK. WE WON'T HAVE TO DO THIS AGAIN TO ROLL IT OVER?" COMMISSIONER BROWN REMARKED, "OTHER THAN WHAT IS COMING OUT OF FUND `B' INTO `A' THAT WE ARE PULLING OUT? CORRECT?" INTERIM CITY MANAGER SMITH STATED, "RIGHT." MS. GRECO ALSO RESPONDED BY SAYING, "CORRECT, AS IT COMES DUE." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. • • AGENDA NOTE: THE FOLLOWING AGENDA ITEM, PREVIOUSLY LISTED ON THE CONSENT AGENDA AS CONSENT AGENDA ITEM "215", WAS DISCUSSED NEXT, AS DOCUMENTED. • • FORMERL Y L/STED ON THE CONSENT AGENDA 215. Finance Department Requests The Commission Approve Resolution 2009-06 Designating The City Manager And The Finance Director As Authorized Representatives To Execute Documentation Required By CNLBank On Behalf Of The City Of Winter Springs. Commissioner Brown said to Interim City Manager Smith, "Page 1, Section 2. specifically names Ronald W. McLemore and Michelle Greco as the authorized representatives..." Interim City Manager Smith remarked, "...It does..." Commissioner Brown added, "... So, that needs to be changed..." Interim City Manager Smith stated, "...It does..." Commissioner Brown then said, "...And any reference -how will it read in the future? Will it be you?" Interim City Manager Smith noted, "It will be your discretion. My recommendation would be to replace Mr. McLemore with myself. So, I would ask that you amend that Motion before Adoption to reflect that change." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY l2, 2009 PAGE 23 OF 39 "I WOULD LIKE TO MAKE THAT MOTION THAT WE MODIFY `Section 2.', PAGE 1 OF THIS RESOLUTION." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. • • AGENDA NOTE: REGULAR AGENDA ITEM "606" WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA AS NOTED. • • REGULAR AGENDA REGULAR 606. Office Of The City Manager Requesting The City Commission Review The Results Of The Request For Proposals For Financial Advisory Services And Provide Direction For Proceeding As Deemed Appropriate. Interim City Manager Smith introduced this Agenda Item for discussion. "I WOULD LIKE TO MOVE THAT WE ACCEPT THE STAFF RECOMMENDATION OF PFM [ASSET MANAGEMENT] AS OUR FA (FINANCIAL ADVISOR)." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. . Mayor Bush asked, "When can they start?" Interim City Manager Smith stated, "They will want a Contract." Interim City Manager Smith added as to their start date, "Yesterday would be great." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 24 OF 39 Attorney Garganese inquired, "Do you want that Contract coming back to you for Approval, or do you want the Manager to have that signature authority?" Interim City Manager Smith noted, "The recommendation in the Agenda Item was to -select `PFM [ASSET MANAGEMENT]' and authorize the Attorney and the Manager to execute any and all necessary documents -but it is your discretion." Mayor Bush asked the City Commission, "Is everybody okay with that?" Commissioner McGinnis remarked, "I am." Deputy Mayor Krebs stated, "Yes." No objections were noted. REGULAR 600. Community Development Department -Planning Division Seeking Advisability From The Mayor And City Commission Regarding The City Commission's Active Participation In The Review Of The Comprehensive Plan Evaluation And Appraisal Report (EAR) -Based Amendments. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department introduced this Agenda Item for discussion and asked how involved the City Commission wanted to be in terms of Workshops with the Local Planning Agency in reviewing the Evaluation And Appraisal Report (EAR)-Based Amendments? Tape 2/Side 8 Ms. Sahlstrom then inquired, "Do you want to be involved in these meetings with the first draft, or -wait until they've made the recommendation? But you can see, we have six (6) Meetings set up -and we are anticipating about seventeen (17) hours of Meetings for this phase of the review." Commissioner Brown suggested the City Commission should participate in these Meetings. Commissioner Bonner stated, "The LPA (Local Planning Agency) is going to get together and do this anyhow, whether we are there or not?" Ms. Sahlstrom remarked, "That's correct." Mayor Bush asked Ms. Sahlstrom what her recommendation was for the Commissioners who want to get more involved and more specifically asked, "Where do you think they should be?" Ms. Sahlstrom responded, "I think if they want to be more involved, then they can come to the Meetings in January and February - but I would like to know then in April if you would be willing to go ahead and set up two (2) Special Meetings for Joint Meetings - I think it is going to take two (2)." Ms. Sahlstrom then inquired of the City Commission, "How much time do you want to have your Draft before a Special Meeting, so in April, when we set up the Special Meetings, is two (2) weeks sufficient..." Commissioner McGinnis stated, "...Yes..." Ms. Sahlstrom continued, "...To have that draft?" Commissioner Brown commented, "Yes." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 25 OF 39 Mayor Bush then asked, "When would they get the Draft?" Ms. Sahlstrom responded, "I am asking if two (2) weeks is sufficient time for you to receive it before a Special Meeting in April." Furthermore, Ms. Sahlstrom remarked, "And anybody that wants to attend these Meetings in January and February, you probably would want a copy of that Draft; so you have something in hand to know what they're discussing - so, you could let us know if you want a hard copy or electronic copy." Regarding a date for a Special Meeting in April, Deputy Mayor Krebs suggested April 20, 2008. Commissioner Bonner asked about Budget ramifications of this process. Attorney Garganese stated, "We have two (2) new Commissioners, I think that are at somewhat of a disadvantage -this is an enormous process, and the EAR (Evaluation and Appraisal Report)-Based Amendments -the Amendments to the Comprehensive Plan, are all long-term visions that the Commission sets. And of course they have Budget impacts, some of the those Budget impacts would be immediate on certain Capital Improvement items, but other visions that are implemented in the Comprehensive Plan could have Budget impacts for ten (10) years." Continuing, Attorney Garganese remarked, "I don't know if you're aware of what the previous Commission adopted as EAR (Evaluation and Appraisal Report)-Based Amendments, so you're at a disadvantage, because you can't put this in context. And, I think it would be important to make sure that the new Commissioners understand what the previous Commission adopted for EAR (Evaluation and Appraisal Report)-Based Amendments, which is setting up the Agenda for this whole process. In fairness to you (Commissioner Bonner) and Ms. Hovey, I think you need to get that information, and with the new Commission, I don't know what this new Commission would believe in everything that the old Commission adopted or whatever. So, to have at least at the front end, an opportunity to brief this Commission so they can comment before your draft gets submitted to the LPA (Local Planning Agency), and the LPA (Local Planning Agency) starts going down this road, I think some input from the new Commission would be helpful, in my opinion." Discussion. Attorney Garganese then noted, "At the next Meeting or the Meeting after, if we could just have a refresher of what the EAR (Evaluation and Appraisal Report) was that was submitted to DCA (Department of Community Affairs); what came back; and what that means. Because, once the EAR (Evaluation and Appraisal Report) is Adopted, now you have one (1) year and there are opportunities for extension, to adopt Comprehensive Plan Ordinances to Amend the Comprehensive Plan to implement that EAR (Evaluation and Appraisal Report). There are major Policy decisions in the EAR (Evaluation and Appraisal Report), and I think a good refresher would be helpful to this Commission before the LPA (Local Planning Agency) is let loose." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 26 OF 39 Commissioner Hovey said to Ms. Sahlstrom, "Point of Clarifrcation and pointed out that May 3'd is a Sunday. " For a Workshop as Attorney Garganese suggested, Deputy Mayor Krebs suggested several dates next week, and Commissioner Bonner stated, "I am good the 20`n [of January 2009]." Mayor Bush then asked, "How does the 20`n look?" City Clerk Lorenzo-Luaces inquired, "Would the Commission be willing to hold this Workshop in one of the other training rooms" [Due to a Code Enforcement Board Meeting already scheduled for the Commission Chambers]. Deputy Mayor Krebs stated, "Yes." Commissioner Brown remarked, "Yes." Commissioner Bonner added, "Yes." Mayor Bush summarized, "[Tuesday, January] 20`n, [2009] is the date and what time?" Mayor Bush then suggested, "6:00 o'clock?" Deputy Mayor Krebs commented, "Okay." No objections were noted. Furthermore, Mayor Bush summarized, "[Tuesday] January 20`n, [2009] 6:00 p.m., and Andrea (Lorenzo-Luaces) you will tell us where we need to go. Ms. Sahlstrom then asked the Mayor and City Commission, "Do you want to have anything ahead of time for that Meeting, or is that something we can go through a PowerPoint?" Mayor Bush suggested that the Summary that Mr. Stevenson mentioned be provided to the City Commission. Commissioner Brown then suggested scheduling the Meetings for April. With discussion on possible dates, Mayor Bush asked the City Commission "Would the 6tn [of April] work for everybody?" Commissioner Brown stated, "Yes." Deputy Mayor Krebs added, "That would mean that she would have us that stuff weeks, before that." Ms. Sahlstrom noted, "That would be alright. We can do that?" Mayor Bush then explained, "Let's have the first Meeting on the 6`n [of April 2009] and we will hold the 20`n (of April 2009] open, if we need a second." Commissioner Brown said, "Alright." Commissioner McGinnis stated, "Yes." Mayor Bush added, "Monday, April the 6cn [2009] at 6:00 p.m., here in the Chambers. REGULAR 601. Community Development Department Respectfully Requests That The City Commission Appoint One Elected Official To The U.S. 17-92 Regional Planning Agency (RPA) Which Serves As The Advisory Board To The 17-92 Community Redevelopment Agency (CRA). Deputy Mayor Krebs mentioned that Commissioner McGinnis was the Alternate to this Committee. Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 27 OF 39 "I MAKE THAT MOTION THAT COMMISSIONER McGINNIS IS NOW OUR REPRESENTATIVE AND COMMISSIONER BONNER IS THE ALTERNATE." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mr. Stevenson said, "Could you call me tomorrow because the next Meeting is Wednesday morning." REGULAR 602. Community Development Department - Urban Beautification Services Division Requesting The City Commission Review The Neighborhood Street Sign And Light Improvement Agreement (NSSLIA) And Determine If A Change Is Necessary In The Decorative Street Sign Repair Escrow Rate Of Twenty Five Percent (25%), Which Is Held By The City For Decorative Street Sign Maintenance And Repairs. Mr. Richart presented this Agenda Item. Discussion. Commissioner Brown asked, "What interest rate are we paying the HOA (Homeowner's Association) for keeping that money?" Mr. Richart responded, "The Agreement says there will be no interest." Continuing, Commissioner Brown asked, "So, we're actually making money off the deal by writing the float on that money -and where does that interest go?" Interim City Manager Smith said, "I will find out." Discussion followed with Ms. Greco. Further discussion. ~~I WOULD LIKE TO MAKE A MOTION THAT THE CITY ATTORNEY COME BACK WITH AN AGREEMENT, THAT FOR THESE TYPES OF SITUATIONS, GIVES THE HOA'S (HOMEOWNER'S ASSOCIATIONS) THE CHOICE OF EITHER POSTING AN ESCROW BALANCE FOR THEIR ACCOUNT, DOING A LETTER OF CREDIT, OR DOING AN INSURANCE BOND. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY l2, 2009 PAGE 28 OF 39 AND, I JUST THINK IT WOULD BE GOOD PRACTICE AND GOOD FAIRNESS, THAT IF WE DID AN ESCROW ACCOUNT, THE HOA (HOMEOWNER'S ASSOCIATION) REALLY SHOULD GET THE BENEFIT OF THAT INTEREST. THERE IS NO REASON THE CITY SHOULD CAPTURE INTEREST THAT IS BEING HELD IN AN ESCROW ACCOUNT." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. DEPUTY MAYOR KREBS SAID, "THEN WE GET BACK TO STEVE'S (RICHART) QUESTION, AS TO HOW MUCH YOU WANTED TO -WHAT PERCENTAGE YOU WANTED TO MAKE THAT ESCROW ACCOUNT? REMEMBER THE TWENTY-FIVE PERCENT (25%) IS PROBABLY TOO MUCH. PERSONALLY, I DON'T EVEN THINK WE SHOULD HAVE ESCROW ACCOUNTS, BECAUSE THEN WE DON'T HAVE TO BE A BANK. JUST DON'T EVEN OFFER IT." "AN AMENDMENT IF I COULD TO THE MOTION TO NOT EVEN OFFER ESCROW ACCOUNTS." DEPUTY MAYOR KREBS ADDED, "I WOULD MAKE AN AMENDMENT NOT TO OFFER IT - TO REDACT THAT, TAKE THAT OFF." AMENDMENT TO THE MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR BUSH STATED, "WE STILL HAVEN'T SET HOW MUCH THOUGH THE BOND SHOULD BE." INTERIM CITY MANAGER SMITH SAID, "IF WE DON'T HAVE AN ESCROW, MAYOR, WE WOULDN'T NEED TO SET THE AMOUNT." WITH FURTHER DISCUSSION, DEPUTY MAYOR KREBS NOTED, "WHAT I WOULD LIKE TO KNOW IS WHAT THE COMMISSION WOULD AGREE TO AS FAR AS THE BOND AMOUNT AND I WILL ADD THAT TO MY AMENDMENT." DEPUTY MAYOR KREBS EXPLAINED, "MY AMENDMENT TO THE MOTION - WE WANT TO REMOVE THE ESCROW -AND ADD A TEN PERCENT (10%) AMOUNT TO THAT BOND - OR THE LETTER OF CREDIT." COMMISSIONER BROWN STATED, "MY SECOND STANDS." ATTORNEY GARGANESE SAID, "THERE IS A MAJOR LEGAL ISSUE THERE, BECAUSE THE CITY HAS A CERTAIN MINIMUM STANDARD OF STREET LIGHTS AND SIGNS THAT YOU APPLY THROUGHOUT. YOU CAN'T PROVIDE DECORATIVE SIGNS FOR ONE AREA AND NOT THE OTHER -AND WE HAVE, HISTORICALLY, IF YOU WANT DECORATIVE, YOU PAY FOR IT; EITHER THROUGH A SPECIAL ASSESSMENT, OR THIS AGREEMENT FOR A VARIETY OF LEGAL REASONS. SO, THAT LANGUAGE NEEDS TO STAY IN THERE." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 29 OF 39 MAYOR BUSH ASKED, "THIS WOULD HAVE TO BE RENEWED EVERY YEAR -THE BOND?" ATTORNEY GARGANESE RESPONDED, "YES, THE SECURITIZATION, THE BOND OR THE CREDIT WOULD HAVE TO BE RENEWED, BECAUSE -THE CITY SHOULD NOT BE COMING OUT OF POCKET TO PAY FOR SOMEONE'S DECORATIVE STREET SIGNS AND DECORATIVE STREET LIGHTS UNLESS THE CITY WAS WILLING TO DO IT FOR THE ENTIRE CITY." COMMISSIONER BROWN SUGGESTED, "I IMAGINE IT CAN BE REVIEWED ANNUALLY BASED ON RUN-RATE, AND IF THERE IS A DRAMATIC JUMP, WE CAN ADJUST IT." VOTE: (ON THE AMENDMENT) COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 603. Parks And Recreation Department Requests That The City Commission Consider Conducting A July 4 Celebration Of Freedom/City Of Winter Springs SO~h Anniversary On July 4, 2009. Mr. Christopher Carson, Recreation Supervisor, Parks and Recreation Department introduced this Agenda Item. "I THINK THAT WE SHOULD, IN HONOR OF OUR 50TH ANNIVERSARY MOVE FORWARD WITH THESE PLANS, AND LET CHRIS (CARSON) AND HIS TEAM BRING BACK RECOMMENDATIONS AS TO THE MOST COST EFFECTIVE WAY, BUT APPROPRIATE WAY TO CELEBRATE NOT ONLY OUR NATION'S BIRTHDAY, BUT THE BIRTHDAY OF THIS GREAT CITY." MOTION BY COMMISSIONER BROWN. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 30 OF 39 MAYOR BUSH ADDED, "AND WORKING WITH THE CHAMBER -OUR LOCAL CHAMBER AND OUR COMMITTEE." COMMISSIONER BROWN ADDED, "ABSOLUTELY." DEPUTY MAYOR KREBS ALSO SAID, "I AGREE." SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Mayor Bush asked Mr. Carson, "How much time do you all need to bring something back?" Mayor Bush then suggested, "Let's say the first Meeting in February." Tape 3/Side A With comments from the City Commission, Interim City Manager Smith inquired of Mr. Carson, "Does the Commission have parking passes for the Highland Games?" Mr. Carson stated, "We will have that information for you this week." Discussion followed on a related meeting on the Scottish-Highland Games in the morning and asked whether it had been posted. REGULAR 604. Office Of The City Clerk Respectfully Requests That Commissioner Jean Hovey Make An Appointment To The Planning And Zoning Board/Local Planning Agency To Fill The Seat Previously Held By Edward Martinez, Jr. (Advisory Board Appointment). "I WOULD LIKE TO APPOINT JUSTIN REVICZKY TO THAT POSITION." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY l2, 2009 PAGE 31 OF 39 REGULAR 605. Office Of The City Attorney Requests That The City Commission Discuss And Provide Direction On Issues Related To The City's Temporary Sign Regulations Including, But Not Limited To, The "Open House" Off-Premise Directional Sign Issue Previously Presented By The Local Realtors Association. The City Attorney Presents Several Options For The Commission's Consideration. Attorney Garganese began the discussion on this Agenda Item by saying, "This is coming back to you from previous direction from the Commission regarding the issue - it started with the open house signs. The Commission asked that I go back and look at the City's Temporary Sign Ordinance to see if there are any potential Amendments that I felt comfortable with from a Constitutional standpoint, regarding this issue. I laid out - generally what some of those issues are and to cut to the chase, I laid out some options for the Commission beginning on page 4." Continuing, Attorney Garganese reviewed options I. and 2. and noted, "Another option that's a little bit more complicated -that is to allow temporary off-premise signs under very narrow and limited circumstances. And I laid out some of the ideas I have regarding limiting the type of off-premise temporary signs, and the reason why that is very important is from a Constitutional standpoint. There are legitimate government interests that are stated in this Sign Ordinance, that this is the purpose of our Sign Ordinance. It's to reduce visual clutter; it's to keep the City aesthetically appealing, and to have a proliferation of temporary off-premise signs could run across purposes with the legitimate government interests that the City Commission is trying to promote. And that is not a good thing when you are looking at Sign Ordinances from a Constitutional standpoint. The Courts want to know that you are trying to further that legitimate interest." Additionally, Attorney Garganese explained, "That is a very, very important concern. I think that if the City were to create off-premise temporary sign regulations for a limited period or a limited approach, it does open up the door to potential challenge. But the more you limit it, the more defensible, in my opinion that scheme would be. I have laid out a lot of ideas." Attorney Garganese then noted, "The last issue -it's an issue I've been dealing with other municipalities, and that is the issue of electronic signs. They are becoming like TV's out there on the rights-of--way. Pros and cons is something you may want to consider. The City does have a central business district, and if you have these electronic signs and they're done - in a Celebration style, neo-traditional, you know -small screen, it might present an opportunity for local businesses to get their message out; because electronic signs can change very frequently. So, it gives more opportunity to post messages on a specific location." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 32 OF 39 Continuing, Attorney Garganese remarked, "Electronic signs can change just by pressing enter - I don't know if this is something Winter Springs wants to consider. You see them popping up around Winter Springs, because Seminole County allows them. Other communities are wrestling with that issue. There may be some opportunities there from an off-premise advertising standpoint. Those were some of my thoughts I threw out there for your consideration, to see if you want to do anything." Commissioner Bonner asked Attorney Garganese, "A question I had relative to your recommendation number 2., with the Condominium and Homeowners' Associations - is it possible that that concept could extend to any of the areas that are controlled by our Lighting and Beautification Districts? And, I am just going to use as an example, the entrance to Winter Springs Boulevard -for Tuscawilla, those fountains that are out there." Attorney Garganese stated, "It's controlled by the Tuscawilla Homeowner's Association, but the City has a perpetual Easement, and the City maintains it." Continuing, Commissioner Bonner remarked, "It was just the thought of in terms of expanding agencies that could participate in sort of controlling or metering or managing that with one of these Lighting and Beautification Districts, possibly be able to include it in your concept of Condominium and Homeowner's Associations." Attorney Garganese remarked, "That's a unique situation over there in that the Tuscawilla Homeowner' Association owns that property, but the unit owners have no relationship whatsoever, because Tuscawilla Homeowner's Association is an involuntary HOA (Homeowner's Association) -it's basically private property. And the reason why Condominium and Homeowner's Associations I think works is that statutorily, and by State Law, there is a disconnection -this undivided connection between a unit owner and a common area which I think passes the straight face test. That if you have that right by Statute, and by Declarations, you should have the opportunity to treat that as an on- premise sign. So, I don't think that works for the -Tuscawilla entrance, on Winter Springs Boulevard." Commissioner Bonner then inquired, "Is there anything prohibiting, if the fountain area is privately owned property, owned by the Tuscawilla (dba) Homeowner's Association; is there anything prohibiting them from having temporary signs on their private property today?" Attorney Garganese responded, "The City's perpetual easement for one, because the City has taken over the maintenance responsibilities for that area, and to the extent that the Tuscawilla Homeowner's Association does something at cross purposes with that right that was granted to the City, we may have a legal issue. But, property owners are permitted to put on-premise signs. The big issue here is off-premise -trying to advertise something that's not." Commissioner Bonner noted, "In that case that would be on their premise. That is an Easement issue." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 33 OF 39 Commissioner McGinnis commented, "I think we could revisit this issue, but I certainly think we need to make the limitations as tight as possible, with as few exceptions as possible. It's easy to lose control -and we have all gone through our sister cities and seen the results. And I don't want to be like that. So, if we do this, I think we need to have strict limitations, hours and numbers, and location, proximity. Most HOA (Homeowner's Association) documents address this anyway -regarding electronic signs. I have a real problem with those. I haven't seen any that were well done. They may be. I haven't seen one. And I would like to see some samples of some that are not. I know other cities around here are struggling with that very issue. And some of them are denying them." Mayor Bush stated, "These churches have electronic signs - Aloma Baptist Church does; the church over here on Red Bug (Lake Road)." Deputy Mayor Krebs added, "I believe schools will too eventually." Commissioner McGinnis noted, "They would have to be zoned; certainly restrictions. No movement, blinking -flashing." Additionally, Commissioner McGinnis suggested, "I think we have to -really put some strict guidelines on that too, if that's where we go. I do believe that it would be very helpful for example in the Town Center; if the merchants and they have complained about this forever -nobody knows who's back there, and that is a problem. So - if we could come up with something, whether it's electronic, or something -whatever, we could look at that." Commissioner Brown commented, "I agree with everything you just said about tight controls. There is an example of one that is really well-done, and I was going to suggest that if you haven't seen it, you may have - on the corner of State Road 426 and Lockwood Boulevard in Seminole County heading into Oviedo. It looks very similar to one of the Tuscawilla signs; all encased in brick, in the middle is the screen, which they update with events or news that the community needs to know about as they drive back and forth. And it is really, it is probably one of the best well-done ones that I have seen, that really would fit - I think the style of what we're doing here in the Town Center and other parts of the City. So, just if you get a chance to look at it, that would be a good example. Anthony (Garganese), the only other question Ihad - we have got this terrible and growing problem with foreclosure, and increasing numbers and that. Is there an argument to be made for establishing a public purpose for allowing realtor signs during hours, whatever the constraints may be on that as far as getting these foreclosed properties back on the market?" Attorney Garganese explained, "As I noted in here, I would not recommend singling out realtors or anyone else for special treatment, under the Sign Ordinance. I would not recommend that at all. I think you open the City up to - a very significant constitutional challenge. I think what is good for one is good for kind of all -time, place, manner." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 34 OF 39 Deputy Mayor Krebs noted, "I agree with everything that you said Sally (McGinnis) - and actually what Anthony (Garganese) has covered, as far as the limiting the signs. The one thing that I think I would request, is that if signs are going to go up, that they have an identification on who that sign belongs to, because if they don't remove them per our rules, then I think there should be some kind of -maybe they don't get to put them up again -maybe there is some type of cost. So, I would require the signs to have those things on them." Attorney Garganese stated, "One of the options is that you create a permitting scheme for the off-premise temporary signs, so -you would force somebody to come in, apply. You can give them a decal if you wanted to, or the fact that they got a permit, alerts the City Staff, these are the temporary signs that are authorized. All others, that don't have a permit, need to be removed." Deputy Mayor Krebs then said, "I understand that and I agree with you, but considering what we are looking at going forward, and if these signs are requested every weekend, especially real estate signs, is that going to bog down our Department for -permitting? Sure, we maybe could do it on line, things like that; but, I don't want to do that, and I want there to be some type of repercussions if they have a name or something on it; we find the sign -maybe, it is a Code Violation. Let us get somebody to write out a ticket, just like they are going to do those red-light things." Captain Tolleson addressed the City Commission and stated, "As Randy (Stevenson) just mentioned, he's talking about an annual permit for realtors." Furthermore, Captain Tolleson remarked, "Just stick with no signs in the right-of--way, because we already collect over three thousand (3,000) a year of those things. I have one Officer who spends every Saturday and Sunday morning doing nothing but picking up signs and fills three (3) dumpsters." Additionally, Captain Tolleson stated, "And typically, we've been really lenient with the Realtors actually. If they put it on someone's private property, we don't mess with them. It's the ones that are in the right-of--way that we go after -because they're content neutral to us. If it's in the right-of--way, we pick it up. And throughout the years, I've talked to Homeowner's Association's (Homeowner's Associations) who actually help me. If it's in the right-of--ways, they remove them. We're not the only entity that removes them anymore. Because I do get a lot of calls about clutter. They don't like signs, and for those that do want to use them, and I understand the use of them -but maybe the yearly permit is an option, because I can tell you, that at two o'clock Saturday morning, there is a guy going right down the right-of--way with apick-up truck, putting them in the ground." Deputy Mayor Krebs suggested, "And maybe we go through a test period too, if we decide to do something like this. Don't give these permits for a year; let's do a test period, where we can see, just like we did with parking on the street." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 35 OF 39 Captain Tolleson added, "Right. And actually with those, we've given the warning for the first sign and the fifty dollar ($50.00) citation for the second one; the hundred [dollars] ($100.00) for the third one - it went right down the line with him." Deputy Mayor Krebs then asked, "Those generic signs that just go up. How do you know who's those are? If they don't have a number on them, how do you know?" Captain Tolleson explained, "We don't even read them unless we catch someone putting them out there, we just pick them up. There are a lot of Realtors who call me, who want their signs back, if we receive them." Deputy Mayor Krebs stated, "You see these yellow signs out there, they're not Realtor signs." Captain Tolleson responded, "I have no idea who to contact on those, and it's very frustrating. Because, like I said, we spend a lot of man- hours doing nothing but picking up signs out of the right-of-way." Mayor Bush noted, "Commissioner Brown alluded to this in his comments there -getting these properties sold is a benefit to the City, and helping the Realtors, even though I know we're not supposed to help anybody particularly; but, if we could work out some way through a permitting process, and restrict it to -hours of the day, and days of the week, and so forth, like on the weekends, whatever. Certainly -and if they have to come in and get a Permit, put the money down for it. If they don't take them up - we fine them or we keep the money, or whatever the incentive. Isn't there some way that we can do that?" Attorney Garganese stated, "Yes, what I laid out on page 5, some of the ideas of limiting it significantly; and that would include: you could limit to weekends, national holidays, that's - a time restriction; between certain hours of the day on those days. Limit to the number of such signs -per activity; so, if there's one (1) open house at a certain address, you are given one (1) off-premise temporary sign, or two (2). It's just an example. We're not recommending allowing them on right-of--way - I would recommend that you continue prohibiting that for traffic safety reasons; so, yes, Mayor, the answer is very narrow." "I WOULD LIKE TO MAKE A MOTION THAT WE GO THROUGH WITH THIS - OR THAT WE SEND THIS TO, I GUESS IT WOULD BE RANDY'S (STEVENSON) GROUP -AND COME BACK WITH US WITH RESTRICTIONS, BASED ON THE COMMENTS THAT WE HAVE MADE TODAY, USING - WHAT ANTHONY'S (GARGANESE) SUGGESTIONS WERE, AND ANTHONY (GARGANESE), I THINK WAS TAKING NOTES AS WELL, AS TO LIMITING - HEAVILY LIMITING THIS AND BRING IT BACK TO US IN THE FORM THAT WE CAN SAY AYE OR NAY AND PASS." MOTION BY DEPUTY MAYOR KREBS. MAYOR BUSH ADDED, "AND GETTING INVOLVED WITH THE REALTOR'S AT SOME POINT..." DEPUTY MAYOR KREBS REMARKED, "...OF COURSE." SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 36 OF 39 VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Attorney Garganese asked, "Mayor, do you want -more information on electronic signs?" Commissioner McGinnis stated, "Yes." Deputy Mayor Krebs also remarked, "Yes." Mayor Bush asked, "The Commission agrees -more information on electronic signs?" Deputy Mayor Krebs also remarked, "Yes." Commissioner McGinnis stated, "Yes." No objections were voiced. REGULAR 607. Office Of The City Manager Requesting The City Commission Set Dates For The Upcoming Community Visioning And Commission Goal Setting Meetings With Marilyn Crotty. Interim City Manager Smith explained, "We had asemi-Consensus on the 21St of February (2009) for the Commission Goal-Setting Meeting." Interim City Manager Smith then asked for official Consensus by the City Commission and also asked for a date for the Community Meeting. Commissioner Hovey mentioned that Winter Springs Babe Ruth Baseball Opening Ceremonies are scheduled for February 21St, 2009. Interim City Manager Smith explained that the "Community Meeting - it's a three (3) hour Meeting. The Commission Meeting is a six (6) hour Meeting -there are two (2) Meetings that we need to get a date for. Part 1 is the Community Meeting for them to give their input, a three (3) hour Meeting. Then, we need at least a two (2) week break before we have the Commission Meeting which is a Goal Setting Meeting that will take six (6) hours, and that's why she suggested aSaturday -it's because it is a six (6) hour Meeting and she did not want to break it up into two (2) Meetings." Mayor Bush suggested, "We could have two (2) evening Meetings to make up the six (6) hours?" Interim City Manager Smith stated, "We could. She has said that her preference is not to do that; but again, we can certainly tell her that that is all that will work." Commissioner Brown agreed and said, "Yes -that is what we need to do." No objections were noted. Mayor Bush added, "I think that is all..." Interim City Manager Smith added, "...That's what we will do then." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 37 OF 39 With further comments on possible dates, Commissioner Hovey inquired, "The Community Meeting -we're required to be here at the Community Meeting - no?" Mayor Bush noted, "Don't have to be." Discussion on how to get the word out to the public. Postcards to residents, contacting the schools, and notice in City Utility Bills were suggested. With further discussion, Interim City Manager Smith was asked to come back to the City Commission with dates for March from Marilyn Crotty. Mayor Bush noted, "I don't think the community people would object to the evening Meeting, it is a three (3) hour Meeting." Commissioner McGinnis remarked, "I don't either." No objections to this were noted. Deputy Mayor Krebs said to Commissioner Hovey, "You work with the schools, do you know if we approach schools, whether it be the Elementary's or whatever, that if we had some material printed up, that it could be distributed to the children to bring home?" Commissioner Hovey commented, "I don't know why they would object - and, I can always send it to the PTA Presidents, and they could forward it out." Deputy Mayor Krebs also suggested, "Put it on a brightly colored piece of paper." Beyond sending information to area schools, Deputy Mayor Krebs suggested, "The local newsletters as well can put a little blurb in there, if we give them enough time. We have got Tuscawilla, we have got Oak Forest." Deputy Mayor Krebs added, "We can put it on our Website." Interim City Manager Smith suggested, "We can send an email to the HOA's (Homeowner's Associations)." Deputy Mayor Krebs stated, "Yes." No objections were voiced. Mayor Bush recommended, "How about the Community Meeting on Thursday, the 26`" of February in the evening?" Commissioner Brown stated, "That works." Commissioner McGinnis added, "That is good." Mayor Bush added, "Evening Meeting, 6:00 - 9:00 [p.m.] for the citizens." Commissioner Bonner suggested, "I would like to see Staff or Kevin (Smith) I would like you to come back with a maximum communication plan and - I ask you to work with Jean (Hovey) and look at every other resource we have to get that out to our school system as well." Interim City Manager Smith responded, "Will do." Discussion. In conclusion, Mayor Bush stated, "Kevin (Smith) will come back with a plan to advertise this and we set that date; and then we are going to ask Ms. Crotty to give us some dates in March for the Commission." Interim City Manager Smith responded, "Will do Mayor." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 38 OF 39 REGULAR 608. Office Of The City Attorney Requests The City Commission Consider And Approve Resolution 2009-10, Consolidating And Amending The City Commission's Policies And Procedures For City Commission Meetings. Attorney Garganese presented this Agenda Item. Discussion ensued on time limits for Commissioner's. Attorney Garganese stated, "I think "G." is direction to the Presiding Officer on how to conduct -Commission input." Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: stated, "Under standard Robert's Rules of Order, a call for the Motion is actually a movement of the prior Motion, technically requires atwo-thirds vote, because it takes away rights of the deliberative body and in order to take away those rights you need asuper-majority." Mayor Bush remarked, "Are you talking about the call to question?" Attorney Garganese said, "Robert's Rules (of Order) does require two-thirds." Furthermore, Attorney Garganese noted, "The Commission is free to modify. Robert's Rules (of Order) is the foundation, if you want to have local intricacies that you would like added, you can go ahead and do that; but you are right, from a procedural standpoint, since it cuts off debate, it's asuper-majority." Mayor Bush said, "Then I think that should be in there. Two-thirds. Commissioners, do you agree with that?" Deputy Mayor Krebs stated, "Sure." Commissioner McGinnis added, "Good." No objections were voiced. Discussion ensued on a "Campaign Free-Zone" definition and whether name tags were permissible. Tape 3/Side B Further discussion. On the issue of the name tags, Mayor Bush suggested, "Do you want to put a size on the name tag?" Attorney Garganese asked, "Two inch by four inch (2" x 4")?" Commissioner McGinnis stated, "That is good." Deputy Mayor Krebs also said, "Good." Commissioner Hovey remarked, "Two by four (2" x 4") is plenty." Attorney Garganese suggested language of "Two (inches) by four (inch) [2" x 4"] in a name tag or something like that?" Commissioner McGinnis departed the Meeting at 9:25 p. m. Mayor Bush inquired, "Is that the only change then Commissioners?" Deputy Mayor Krebs stated, "Yes." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 12, 2009 PAGE 39 OF 39 "SO MOVED." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MAYOR BUSH SAID, "MOTION IS TO APPROVE THE PROPOSAL -THE RESOLUTION 2009-10 WITH THE ONE (1) EXCEPTION OF THE CAMPAIGN SIGN..." DEPUTY MAYOR KREBS ADDED, "AND THE TWO-THIRDS..." MAYOR BUSH ADDED, "...AND THE CALL FOR THE QUESTION." VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 9:27 p.m. RESPECTFULLY SUBMITTED: f ~~~.~ -, .=~ AN A LORENZO-LUACES, MMC CI CLERK APP,$UVED: JAI-I1~J F. BUSH NOTE: These Minutes were approved at the January 26, 2009 Regular City Commission Meeting.