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HomeMy WebLinkAbout_2008 10 13 City Commission Regular MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 13, 2008 CALL TO ORDER The Regular Meeting of Monday, October 13, 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, 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, present City Attorney Anthony A. Garganese, present Alex Clark with Cub Scouts Pack 196 led the Pledge of Allegiance. The Cub Scouts Pack 196 members in attendance then introduced themselves to the City Commission, Under Agenda Changes, Mayor Bush said, [Consent Agenda Item] "`211' has been pulled - it needs to be re-bid. So, `211' has been pulled off of Consent." INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Proiects. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 13, 2008 PAGE 2 OF 26 INFORMATIONAL 101. Community Development Department Wishes To Inform The City Commission Of Action Taken By The Beautification Of Winter Springs Advisory Board At Their Regular September 10, 2008 Advisory Board Meeting Under Agenda Item 601. No discussion. INFORMATIONAL 102. Parks And Recreation Department Wishes To Inform The City Commission About The Hometown Harvest Special Event. This Agenda Item was not discussed. INFORMATIONAL 103. Public Works Department Inform The Commission Of Public Works Intent To Place Flexible Rubber Sidewalks On Portions Of Winter Springs Boulevard. There was no discussion on this Agenda Item. "MOTION TO APPROVE" [INFORMATIONAL AGENDA]. MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 13, 2008 PAGE 3 OF 26 • •3 AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE DISCUSSED, BUT NOT NECESSARILY IN THE ORDER DOCUMENTED. • • CONSENT AGENDA CONSENT 200. Finance Department Requesting Authorization From The City Commission To Extend The City's Current Contract With Severn Trent Environmental Services, Inc. To Read City Water Meters For The Contract Period October 1, 2008 To September 30, 2009. No discussion. CONSENT 201. Utility Department Requesting Approval To Continue To Piggyback Off Of The City Of Mulberry Florida's Contract With Odyssey Manufacturing Company For The Purchase Of Sodium Hypochlorite (Liquid Chlorine). There was no discussion on this Agenda Item. CONSENT 202. Office Of The City Attorney Requests That The City Commission Formally Accept The Conservation Easement Agreement Between React Land, LLC And Winter Springs Golf, LLC And The City Of Winter Springs, Dated September 8, 2008. Brief discussion. Deputy Mayor Donald A. Gilmore suggested that an overall map and exhibit areas would have been helpful. CONSENT 203. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 13, 2008 PAGE 4 OF 26 CONSENT 204. Office Of Commissioner Rick Brown Requesting That The City Commission Review And Approve The Attached Resolution 2008-49 Related To Supporting Winter Springs High School's Band Of Gold. Commissioner Rick Brown mentioned this would be presented later in the Meeting. CONSENT 205. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Concession Stands Operation Revised Agreement With Winter Springs Youth Sports (Babe Ruth League) To Operate The Central Winds Park Concession Stands. Brief discussion. CONSENT 206. Parks And Recreation Department Requests The City Commission To Authorize The Mayor To Execute The Fourth Addendum To The MV Transportation Agreement For Senior Center Transportation For One (1) Year. Discussion. CONSENT 207. Utility/Public Works Department Requesting Approval To Award Bid #ITB-011/08/GB And Enter Into A Contract To Replace And Relocate The Water Mains In North Orlando First Addition. This Agenda Item was not discussed. CONSENT 208. Utility Department Requesting The City Commission Extend The First Addendum To The Effluent Disposal Easement Agreement With Tuscawilla Country Club. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 13, 2008 PAGE 5 OF 26 CONSENT 209. Community Development Department And Building Division Requests That The Commission Authorize The Extension Of General Independent Contractor Agreement For Contract Building Inspection Services With Framensons, Inc. This Agenda Item was not discussed. CONSENT 210. Office Of The City Manager Requesting Commission Affirmation Of An Effective Date Of October 2, 2008 For The Previously Approved 3% Employee Across-The-Board Salary Increases. Brief discussion. CONSENT 211. Community Development Department Requesting Authorization From The Commission For The City Manager To Enter Into A Contract Agreement For Installation Of Planned Hardscape Improvements To State Road 434 Medians Located Within The Town Center District. These Improvements Are Funded From The Local One Cent Sales Tax Initiative (115 - Road Improvements Fund). As noted, in the beginning of the Meeting, this Agenda Item was pulled. CONSENT 212. Office Of The City Clerk Approval Of The September 17, 2008 City Commission Workshop Minutes. No discussion. CONSENT 213. Office Of The City Clerk Approval Of The September 22, 2008 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE" [CONSENT AGENDA NOT INCLUDING CONSENT AGENDA ITEM "211"]. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 13, 2008 PAGE 6 OF 26 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor Presentation Of A Proclamation In Honor Of "The Week Of The Family". A decorative serving plate was presented to Mayor Bush who stated, "We will consider the Commission our family and we will give this to the Clerk and she can put cookies on it, whenever we have cookies and things." •3• AGENDA NOTE: THE FOLLOWING TWO (2) AWARDS AND PRESENTATIONS WERE ADDRESSED TOGETHER NEXT, AS DOCUMENTED. • • AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 301. Office Of The Mayor Presentation Of A Proclamation In Honor Of "Community Planning Month". AWARDS AND PRESENTATIONS 302. Office Of The Mayor Presentation Of A Proclamation In Honor Of "World Town Planning Day". Mayor Bush mentioned this Proclamation being submitted by the Community Development Department and stated, "They will be Approved as well." In other city business, Mayor Bush presented Resolution 2008-49 to Winter Springs High School's Band Of Gold. A Proclamation was presented to City Clerk Andrea Lorenzo-Luaces in honor of her attaining the "Master Municipal Clerk" (MMC) designation through the International Institute of Municipal Clerks and the Florida Association of City Clerks. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 13, 2008 PAGE 7 OF 26 Mayor Bush called a Recess at 5:45 p.m. The Regular Meeting was called back to Order at S: 56 p.m. REPORTS REPORTS 400. Office Of The City Attorney -Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager -Ronald W. McLemore City Manager Ronald W. McLemore commented on the 2"d Meeting in November. With discussion, Commissioner Joanne M. Krebs said to Commissioner Brown, "Is it possible that you attend by phone?" Commissioner Brown stated, "Absolutely." Mayor Bush noted that Deputy Mayor Gilmore said, "He would be here." Commissioner Krebs added, "I will be here." Mayor Bush summarized, "Let us do it on [November] the 24`I' and Mr. Brown will be in on the telephone for that Meeting. So, the Meeting then will be as our Regular scheduled Meeting." Manager McLemore mentioned receiving a ten thousand dollar ($10,000.00) Grant "To support the ceremony for the Veteran's Memorial which should cover most of our cost, if not all of it." Next, Manager McLemore mentioned an issue dealing with the Johansson's and commented, "I am going to try to do that, if you are comfortable with that and see if we can bring it to some kind of mediated agreement between the Homeowner's Association and the Johansson's." With discussion, Manager McLemore noted, "I would not try to interject the City, I would just try to see if I can get the parties together - it is a reflective decision and a policy decision of the Commission and find out what the issues are between them and see if I can mediate it. It might keep them from coming back to you, three (3) or four (4) times in the future." Further discussion. "I MOVE THAT WE EMPOWER THE CITY MANAGER TO MEET WITH PARTIES INVOLVED -FOR PURPOSES OF CLARIFICATION." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. CTI'Y OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 13, 2008 PAGE 8 OF 26 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER IGtEBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, MMC City Clerk Lorenzo-Luaces thanked the City Commission for the Proclamation and for welcoming her colleagues. Mayor Bush noted, "Glad to do it, you deserved it." REPORTS 403. Commission Seat Three/Deputy Mayor -Donald A. Gilmore No Report. REPORTS 404. Commission Seat Four -Sally McGinnis No Report. REPORTS 405. Commission Seat Five -Joanne M. Krehs Commissioner Krebs asked if the Holiday Parade was going to be held? Mr. Chuck Pula, Director, Parks and Recreation Department said "We do have a Committee formed and the Committee is working on raising funds to be able to have that Parade. We are planning like we will raise the funds to have the Parade and Tree Lighting, but we don't have the funding in place yet." Next, Commissioner Krebs commented on some resident children being asked to leave a City playfield when no one else was present. Manager McLemore said, "I think we need to look into this because I thought the Commission actually rendered a position on this, on the practice fields, that they had to be scheduled." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 13, 2008 PAGE 9 OF 26 Manager McLemore then stated, "Let us look at it and come back to you." Mr. Pula added, "I will check on it." Commissioner Krebs then mentioned a previous Workshop on "Goals" and asked that this be rescheduled. Commissioner Krebs noted, "I recall that Commissioner (Robert S.) Miller had wanted to be part of that." Commissioner Miller stated, "I withdraw the request." Commissioner Krebs then said, "Then I guess we will do that after December 8a`, [2008]." Next, Commissioner Krebs commented on a Workshop on the Pension and then stated, "Is that something we should look at again, after the new come in?" Manager McLemore and Mayor Bush remarked, "I would think so." The Investment Policy was briefly addressed. Commissioner Krebs added, "I really feel that we are very, very blessed having Andrea [Lorenzo-Luaces] as our Clerk. When I heard those numbers, wow - I just again congratulate her for her hard work." REPORTS 406. Office Of The Mayor -John F. Bush Mayor Bush asked the City Commission that if no one objected, that he would like to write a thank you letter to Brighthouse for their support of the Art Festival." No objections were voiced. Tape 1/Side B REPORTS 407. Commission Seat One -Robert 5. Miller Commissioner Miller mentioned some large political signs which were not in Compliance. Discussion. Further discussion followed with Captain Glenn Tolleson, Code Enforcement Bureau, Police Department who spoke on enforcement issues. Commissioner Miller suggested, "I really think they should be given forty-eight (48) hours to come into Compliance." Commissioner Krebs stated, "Okay." Captain Tolleson noted, "We can notify them and get permission to go on private property." CTI'Y OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 13, 2008 PAGE 10 OF 26 Mayor Bush commented next, "I think we have got a Code; you need to enforce it." Commissioner Krebs added, "Yes." Mayor Bush added, "If signs are not in Compliance they need to be brought into Compliance." REPORTS 408. Commission Seat Two -Rick Brown Commissioner Brown then mentioned potholes in the Greenbriar subdivision. Discussion. Next, Commissioner Brown also commented on the City's Investment Policy. PUBLIC INPUT Mr. Arsenio Calle, 110 Arrowhead Court, Winter Springs, Florida: remarked about the City's latest Newsletter, reductions, and saving money. Mayor Bush and Commissioner Krebs both thought that having Quarterly Reports and Inflow/Outflow reports would be helpful. Mayor Bush added, "We can take that up later." Manager McLemore said to Mr. Calle, "We'd be more than happy to sit down with you and go over it in detail." Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: suggested the City Commission might want to attend the Ribbon Cutting Ceremony for their new offices at the Vistawilla Office Center this Wednesday at 5:30 p.m. Mr. Lacey also mentioned the Chamber's monthly membership meeting which is on the 3`d Thursday of each month and that with the City's membership, there are two (2) seats which could include Staff. Lastly, Mr. Lacey thanked the City for their support with the recent Festival of the Arts and thanked the City Commission. Mr. Lacey added, "We got so much support from Randy Stevenson, (Director, Community Development Department); Steve Richart, (Urban Beautification Services Division Manager, Community Development Department); Chuck Pula, and Chris Carson (Superintendent, Parks and Recreation Department) -and Chief Kerr (Police Department) and Captain (Chris) Deisler (Police Department) and a number of Officers who participated in it." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 13, 2008 PAGE 11 OF 26 Ms. Karen Gebauer, Post Office Box 196145, Winter Springs, Florida: as the Commissioner for the Winter Springs Grizzlies Football and Cheerleading program, Ms. Gebauer commented on their organization; scholarships that they offer; and thanked the City and the Parks Department for their assistance. Mayor Bush said, Isabelle Laub -did not want to address the City Commission but "Wanted to thank the Commission for supporting the Seniors in their transportation." PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2008-12, Which Rezones Two (2) Parcels Containing 28.9 Gross Acres, More Or Less, Located At 1900 DeLeon Street (The Southwest Corner Of DeLeon Street And Howard Avenue) From (Seminole County) "A-3 Agricultural" To (City Of Winter Springs) "R-C1 Single Fanuly Dwelling District" (Minimum Lot Size -1 Acre). City Attorney Anthony A. Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input "portion of the Agenda Item. Ms. Laura Ashton, 2301 Jeslan Court, Oviedo, Florida: asked about the Stormwater Treatment Plant. Mayor Bush suggested that Ms. Ashton "Get together with Brian Fields, [P.E.], City Engineer. Mayor Bush closed the "Public Input "portion of the Agenda Item. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department addressed the City Commission and noted, "This request does meet the fourteen (14) Criteria for Re-Zoning that's required by the Code and in addition to being consistent with the Comprehensive Plan, that this Request is consistent with the Central Florida Regional Policy Plan and the State Comprehensive Plan to enable this facility for water resource management to go forward." "MOTION TO APPROVE ITEM `500' WHICH REZONES (2) PARCELS CONTAINING 28.9 GROSS ACRES, MORE OR LESS, LOCATED ON 1900 DELEON STREET." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CfTY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 13, 2008 PAGE 12 OF 26 CITY CLERK LORENZO-LUACES STATED, "JUST TO CLARIFY, THAT IS ORDINANCE 2008-12?" COMMISSIONER KREBS AND MAYOR BUSH STATED, "YES." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing To Consider The Request Of The St. Johns River Water Management District For A Conditional Use To Allow A Public Service Facility In The R-C1 (Single Family Dwelling District) Zoning Category, Pursuant To Section 20-143. And Section 20-33.Of The City Code Of Ordinances. Ms. Sahlstrom introduced this Agenda Item and remarked, "There are seven (7) Criteria in the Code that must be met. This item did go before the Board of Adjustment." Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input "portion of the Agenda Item. "MOTION TO APPROVE ITEM `501' - FOR THE CONDITIONAL USE REQUEST TO ALLOW A PUBLIC SERVICE FACILITY AT 1900 DELEON STREET WITHIN THE R-C1 ZONING DISTRICT PURSUANT TO SECTIONS 20-143. AND 20-33. OF THE CITY'S ZONING CODE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 13, 2008 PAGE 13 OF 26 PUBLIC HEARINGS 502. Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing For First Reading Of Ordinance 2008-18, A Small Scale FLUM (Future Land Use Map) Amendment Changing The Future Land Use Map Designation Of A 7.06 Acre Parcel, Located At 1072 West SR (State Road) 434 (East Of SR [State Road] 417), From (Seminole County) "Commercial With Conservation Overlay" To (City Of Winter Springs) "GreeneWay Interchange District With Conservation Overlay". Mayor Bush stated, "Can we have a Motion to read by `Title' only?" "SO MOVED." MOTION. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. City Attorney Anthony A. Garganese read the Ordinance by "Title" only. Ms. Sahlstrom presented this Agenda Item. On the issue of Seminole Way, Mayor Bush said he would speak with a Seminole County Commissioner and asked Ms. Sahlstrom to check with Seminole County's Land Planner. 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 (ORDINANCE 2008-18) TO SECOND READING." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNI5. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 13, 2008 PAGE 14 OF 26 PUBLIC HEARINGS 503. Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing For First Reading Of Ordinance 2008-19 Which Rezones 7.06 Acres (More Or Less), Located At 1072 West SR (State Road) 434 (East Of SR [State Road] 417), From "A-1" Agricultural (Seminole County) To "GreeneWay Interchange District" (City Of Winter Springs). Mayor Bush stated, "Can we have a Motion to read by `Title' only?" "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Ms. Sahlstrom opened this Agenda Item with a brief presentation. Discussion followed on property labeled "PUD" (Planned Unit Development) and that Ms. Sahlstrom stated she thought it was owned by the Department of Transportation. Commissioner Miller suggested it be changed to "Conservation". Ms. Sahlstrom said, "I am happy to pursue it and see if we can get a response from the DOT (Department of Transportation) of support." Mayor Bush said, "Everybody is in favor of that?" Commissioner Krebs and Commissioner Sally McGinnis noted, "Yes." No objections were voiced. Mayor Bush summarized, "We have Consensus. Eloise (Sahlstrom) will check it out." 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 - (ORDINANCE 2008-19) TO SECOND READING." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 13, 2008 PAGE 15 OF 26 VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 504. Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing For First Reading Of Ordinance 2008-23, Adopting A Small Scale FLUM (Future Land Use Map) Amendment Changing The Future Land Use Map Designation Of 2.6 Acres More Or Less, Located Off Of Shore Road, Between Seville Chase And Winding Hollow Subdivisions, From (Winter Springs) "Public/Semi-Public" To (Winter Springs) "Rural Residential". Mayor Bush stated, "Motion to read by `Title' only?" "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Opening the Agenda Item for discussion, Ms. Sahlstrom commented, "Staff went through the required Findings and did find that that the six (6) items were met." Tape 2/Side A 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 13, 2008 PAGE 16 OF 26 "MOTION TO MOVE - (ORDINANCE 2008-23) TO SECOND READING." MOTION BY COMMISSIONER IQtEBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 505. Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing For First Reading Of Ordinance 2008-24, Adopting A Small Scale FLUM (Future Land Use Map) Amendment Changing The Future Land Use Map Designation Of 7.64 Acres More Or Less, Located Adjacent To The City's West Effluent Disposal Site, From (Winter Springs) "Rural Residential With Conservation Overlay" To (Winter Springs) "Public/Semi-Public With Conservation Overlay". Mayor Bush stated, "Can we have a Motion to read by `Title' only?" "SO MOVED." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Ms. Sahlstrom stated, "It meets the Findings as required by the Code." Mayor Bush opened the "Public Input "portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input "portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 13, 2008 PAGE 17 OF 26 ~~MOTION TO MOVE - (ORDINANCE 2008-24) TO SECOND READING." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 506. Office Of The City Attorney Requests That The City Commission Consider Ordinance Number 2008-27, Red Light Infractions, On First Reading. Mayor Bush asked, "Motion to read by `Title' only?" "SO MOVED." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH REMARKED, ~~SECONDED BY COMMISSIONER BROWN." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. Discussion followed. Commissioner Brown asked for the duration of the yellow signal? Captain Tolleson said "I can get it." Mayor Bush opened the "Public Input "portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input "portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 13, 2008 PAGE 18 OF 26 "I AM HAPPY TO MOVE THAT WE PASS ORDINANCE 2008-27 (TO SECOND READING)." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR BUSH ADDED, "THIS IS THE FIRST READING." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. Mayor Bush suggested that information on signal durations would be provided to the City Commission. Mayor Bush called a Recess at 7:16 p.m. The Regular Meeting was called back to Order at 7:25 p. m. REGULAR AGENDA REGULAR 600. Public Works Department Requesting The City Commission Consider The Impact Fee Analysis Report For Police, Fire, Public Buildings And Parks And Recreation Updated August 2008 By Land Design Innovations, Inc. Mr. Lockcuff presented this Agenda Item for discussion. Discussion. "I MOVE THAT STAFF BRING THIS BACK -BRING AN ORDINANCE BACK UPDATING THE FIRE AND POLICE CREDITS FOR 2008-13 AS OUTLINED IN THIS STUDY." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 13, 2008 PAGE 19 OF 26 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. RECUI.AR 601. Office Of The City Manager Requesting Commission Consider Recommendations From The Board Of Trustees Regarding Investment Of Idle City Funds. Manager McLemore introduced this Agenda Item. Discussion followed. Tape 2/Side B Further discussion followed. Ms. Maria Fair, Member of the Board of Trustees: addressed the City Commission on the Investment Policy; amending the Investment Policy as specified; lawsuits; custodial risk; and continuing education. Ms. Michelle Greco, Director, Finance Department spoke on continuing education. Discussion. Tape 3/Side A Manager McLemore said, "What they Amended has not been Amended in the Investment Policy but it is still a Policy of the City." Commissioner Miller said to Ms. Fair that this will be looked into. Manager McLemore stated, "We have done everything in accordance with the Policy, relative to those investments." Furthermore, Manager McLemore remarked, "We've done everything in accordance with the direction of this Commission who is charged by Charter to make Policy for the City." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 13, 2008 PAGE 20 OF 26 Manager McLemore explained, "Did you want to do a quick contract with Bogdahn [Group] or do you want to go for RFP's (Request for Proposals) to another independent person and leave everything alone until that time?" Commissioner Krebs responded, "For how I feel, I think we need to have somebody monitor this -somebody independent if you would. I think we need a Financial Advisor, is what I think. And that would be the person who would monitor this, is this not right?" Mr. Michael S. Blake, Member of the Board of Trustees: speaking as the Vice Chairman of the Board of Trustees, on behalf of Chairman Mark Sardo of the Board of Trustees, Mr. Blake addressed the City Commission on behalf of the Board of Trustees and commented on previous Motions related to Reserve Funds; the RFP (Request for Proposal); the Bogdahn Group; actions the City Commission has taken; knowledge about the City's Investment Policy; and diversification. Much discussion. Commissioner Krebs asked Manager McLemore, "Do you think we should Amend the Policy?" Manager McLemore stated, "You could - it is a perfunctory thing. It doesn't mean anything because it is on Record as your Policy. If you want to do that, it might be a good time to re-look at the entire Policy." Manager McLemore then suggested, "Maybe with what has been said here tonight, we need to look at the entire Policy again. It may be a good decision." Attorney Garganese mentioned, "It's your Policy. You can Amend it." Discussion. Commissioner Brown commented for the Record that no action be taken that is in conflict with the current Investment Policy. Tape 3/Side B Discussion continued. "I MAKE A MOTION TO INVEST OUR MONEY IN THE -THREE (3) PREVIOUSLY RECOMMENDED FUNDS BY BOGDAHN [GROUP] - ON DECEMBER 11, 2007 -AND CONTINUE TO DRAW DOWN MONEY FROM THE SBA (STATE BOARD OF ADMINISTRATION) AS IT BECOMES AVAILABLE; AND PLACE IT EQUALLY IN THE THREE (3) FUNDS." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 13, 2008 PAGE 21 OF 26 COMMISSIONER MILLER ASKED, "AM I TO ASSUME FROM THE EXPERTS IN THE ROOM THAT THESE OTHER TWO (2) ORGANIZATIONS WILL ACCEPT THIS RESPONSIBILITY?" MR. BLAKE SUGGESTED, "I THINK YOU SHOULD ASSUME THAT AND THEN PUT IT ON STAFF TO MAKE IT HAPPEN." ATTORNEY GARGANESE RECOMMENDED, "PERHAPS WE WILL -JUST DO A RESOLUTION ADOPTING THIS IN WRITING, WHATEVER THE DECISION IS, AFTER STAFF GOES BACK AND DETERMINES WHETHER THE MONEY -CAN BE PLACED IN THESE THREE (3) FUNDS AND WE WILL HAVE A RESOLUTION ON THE RECORD." COMMISSIONER BROWN MENTIONED, "THEN WE CAN CIRCLE BACK AND LOOK AT THE INVESTMENT POLICY STATEMENT AT A LATER TIME -LIKE AFTER THE FIRST OF THE YEAR." MANAGER McLEMORE NOTED, "I WOULD LIKE THE FREEDOM TO WORK WITH BODGDAN [GROUP] TO HELP GET THESE PLACED. IT'S JUST IMPLEMENTING THEIR RECOMMENDATIONS WHICH YOU SAID ARE OKAY AND THEY CAN BE VERY HELPFUL IN GETTING THAT DONE." MAYOR BUSH SAID, "I DON'T THINK THAT THE MOTION IN ANY WAY, RESTRICTS YOU FROM TALKING TO ANYBODY, OTHER THAN THE THREE (3) COMPANIES." MANAGER McLEMORE AGAIN INQUIRED, "I WANT THE FREEDOM TO TALK WITH BOGDAHN [GROUP] TO HELP PLACE THESE THINGS WHICH IS SIMPLY IMPLEMENTING A RECOMMENDATION THEY'VE ALREADY MADE; WHICH THE COMMISSION BASICALLY SAID LOOKS PLAUSIBLE TO THEM." COMMISSIONER KREBS ASKED, "ARE YOU TALKING ABOUT FOR A COST?" MANAGER McLEMORE RESPONDED, "THERE MAY BE SOME MINIMAL COST." MAYOR BUSH ASKED, "DO THE COMMISSIONERS ALL UNDERSTAND THAT THEN, THAT THE MANAGER PROBABLY WILL TALK TO - BOGDAHN [GROUP]?" COMMISSIONER McGINNIS STATED, "YES." NO OBJECTIONS WERE HEARD. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 13, 2008 PAGE 22 OF 26 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Manager McLemore asked, "On the issue of when you go out to RFP (Request for Proposal), when do you want that to proceed? Now? After the first of the year? Wait a while? Give it three (3) months to bring it back to you?" Commissioner McGinnis stated, "Three (3) months." Commissioner Krebs remarked, "Yes." No objections were voiced. Manager McLemore explained, "As recommended and Approved unanimously by the Pension Board was to use the Transport Funds to accelerate the payment buy down of the past service liability of the Firemen." Mayor Bush noted, "That the City utilize remaining funds in the City's Medical Transport Special Revenue Fund; six hundred and eighty-three thousand -two hundred twenty-five dollars ($683,225.00) to accelerate the payment of (to the extent that this Fund will allow) the portion of the required Fiscal Year 2009 normal pension costs and the past service liability related specifically to the firefighters." "SO MOVED." MOTION BY COMMISSIONER McGINNIS. COMMISSIONER McGINNIS ADDED, "I MOVE THAT WE ACCEPT THE RECOMMENDATION - THE THIRD PARTY UTILIZE REMAINING FUNDS IN THE CITY'S MEDICAL TRANSPORT SPECIAL REVENUE FUND - TO ACCELERATE THE PAYMENT OF THE PORTION OF THE REQUIRED FY [20]'09 NORMAL PENSION COSTS AND THE PAST SERVICE LIABILITY RELATED SPECIFICALLY TO FIREFIGHTERS." SECONDED BY COMMISSIONER MILLER. COMMISSIONER McGINNIS ADDED, "AND TO THE EXTENT FEASIBLE AND ALLOWABLE, THE CITY ACCELERATES THE PAYMENT OF THE PAST SERVICE LIABILITY AND PASS THIS COST ON TO THE COUNTY IN ACCORDANCE WITH THE FIRE CONSOLIDATION INTERLOCAL AGREEMENT." SECONDED BY COMMISSIONER MILLER. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 13, 2008 PAGE 23 OF 26 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 602. Community Development Department -Planning Division Requests That The City Commission Establish A Date And Time For A Workshop To Discuss The Current Codes, Processes, And Policies As They Relate To Development Approvals And Permit Issuance. Commissioner Miller departed the Regular Meeting at 9: 4S p.m. With brief discussion, Mayor Bush said, "The prior discussion is to move this to after the first of the year." Commissioner McGinnis noted, "Yes." Mr. Stevenson asked, "As an Agenda Item?" Mayor Bush stated, "Yes, as an Agenda Item; it will establish the Workshop date." REGULAR 603. Information Services Department Wishes To Inform The Commission Of Its Options With The Use Of e-Alerts As An Additional Form Of Communication With Residents And Requests That The Commission Make Choices Based On The Information Received. Ms. Joanne Dalka, Director, Information Services Department spoke on this Agenda Item. Discussion. Commissioner Krebs said to Ms. Dalka, "You have done a great job -great research." "I MOVE THAT WE MAKE IT `ecitizen'." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 13, 2008 PAGE 24 OF 26 COMMISSIONER McGINNIS ADDED, "I WOULD LIKE TO SAY THAT WE COULD GET A REPORT ON THIS IN SAY SIX (6) MONTHS? IS IT WORKING? HOW MANY PEOPLE SIGNED UP?" MAYOR BUSH SUGGESTED, "I WOULD SUGGEST YOU STRIKE THE CITY MANAGER'S BLOG." COMMISSIONER McGINNIS REMARKED, "YES." NO OBJECTIONS WERE STATED. "MOTION TO APPROVE - TO INCLUDE ALL ITEMS WITH THE EXCLUSION OF THE MANAGER'S BLOG." MOTION BY COMMISSIONER BROWN. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 604. Office Of The City Manager Requesting The Commission To Consider Approval Of Resolution Number 2008-42 Regarding City Donations To Charities. Discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. MOTION DIED FOR LACK OF A SECOND. "I WILL MOVE THAT WE COME UP WITH POLICY AND GUIDELINES - WE TALKED ABOUT THIS BEFORE AND WE HAVE NEVER DONE IT; AND THAT COULD COME BACK BEFORE US IN TWO (2) MONTHS." MOTION BY COMMISSIONER McGINNIS. MOTION DIED FOR LACK OF A SECOND. "I MAKE A MOTION THAT WE TABLE." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 13, 2008 PAGE 25 OF 26 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. "BASED ON THE INFORMATION WE HAVE ALL RECEIVED FROM MEALS ON WHEELS, THEIR DIRE FINANCIAL SITUATION -THE WAITING LIST AND THE NEED, I MOVE THAT WE HONOR OUR PAST COMMITMENT TO MEALS ON WHEELS AND GIVE THEM FIVE THOUSAND DOLLARS ($5,000.00) THIS YEAR." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: NAY COMMISSIONER KREBS: AYE COMMISSIONER BROWN: NAY MAYOR BUSH: NAY MOTION DID NOT CARRY. Mayor Bush noted, "We need a Motion to extend." "I MAKE THE MOTION TO EXTEND." MOTION BY DEPUTY MAYOR GILMORE. MOTION DIED FOR LACK OF A SECOND. • • AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS BRIEFLY ADDRESSED. • • REGULAR AGENDA REGULAR 606. Office Of The City Manager Requesting Commission Designate A Date For Observance Of Veterans Day 2008. Manager McLemore stated, "We have got to decide this holiday issue." Mayor Bush suggested, "Is that something you can poll the Commission on." Commissioner McGinnis stated, "Yes." Commissioner Brown noted, "Alright with me." No objections were voiced. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 13, 2008 PAGE 26 OF 26 ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 10:06 p.m. •• AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS NOT DISCUSSED DURING THIS MEETING. •• REGULAR AGENDA REGULAR 605. Community Development Department Requesting The City Commission To Review And Approve, With Any Amendments Deemed Appropriate, Resolution Number 2008-03 For Establishment Of The City Of Winter Springs Memorial Tree Planting Program. RESPECTFULL Y SUBMITTED: A LORENZO-LUACES, MMC CITY CLERK APPROVED: ~"`~~ /~ `' ?', ~ ; YOR JOI1N F. BUSH NOTE: These Minutes were approved at the October 27, 2008 Regular City Commission Meeting.