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HomeMy WebLinkAbout_2008 09 08 City Commission Regular MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 8, 2008 CALL TO ORDER The Regular Meeting of Monday, September 8, 2008 of the City Commission was called to Order by Mayor John F. Bush at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Donald A. Gilmore, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. Brief discussion followed on Hurricane activity and City Manager Ronald W. McLemore noted, "We will continue to monitor it." PUBLIC HEARINGS AGENDA (PART I) PUBLIC HEARINGS 500. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2008-40, Which Establishes The Tentative Operating Millage Rate For Fiscal Year 2008-2009 For The City Of Winter Springs At 3.0338 Mills Which Is 16.91% Less Than The Rolled-Back Rate Of 3.6512 Mills And The Tentative Voted Debt Service Millage Rate For Fiscal Year 2008-2009 For The City Of Winter Springs At 0.1100 Mills. Ms, Michelle Greco, Director, Finance Department opened this Agenda Item. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 8, 2008 PAGE 2 OF 27 Manager McLemore commented on the next City Newsletter and noted that he had copies of information related to the Budget. Mr. Kevin Smith, Director, General Services Department addressed the City Commission on this issue. Discussion. Mayor Bush opened the "Public Input "portion of the Agenda Item. Mr. Dan Brahler, 205 Torcaso Court, Winter Springs, Florida: commented on property values, the economy, the housing market, and higher property taxes, and suggested the City Commission consider this. Ms. Kathleen Postlewait, 111 St. John's Landing Drive, Winter Springs, Florida: did not address the City Commission but from the audience stated, "I second that." Mr. Nikola Kovacevic, 717 South Edgemon Avenue, Winter Springs, Florida: Mayor Bush stated, "Is opposed to the Fire Assessment." Mr. Zaheer Salarbuy, 300 East State Road 434, Winter Springs, Florida: commented on the shopping center he owns on State Road 434 and said there was no incentive to improve his property with higher property taxes. Mr. Jay Alpert, 11 SI Audubon Way, Maitland, Florida: as a partner in the Belle Avenue Industrial Park, Mr. Albert noted his concern with losing businesses due to higher Millage rates. Mr. Phil Karwowsky, 202 Torcaso Court, Winter Springs, Florida: spoke about his issue with higher property taxes and asked the City Commission to help with it. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. MOTION DIED FOR LACK OF A SECOND. Further discussion. "MOTION THAT WE SET THE MILEAGE AT 3.0338 -TENTATIVE MILEAGE WHICH WE WILL RE-VISIT TWO (2) WEEKS FROM TONIGHT." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. MOTION CARRIED. CTI'Y OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 8, 2008 PAGE 3 OF 27 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER KREBS: NAY COMMISSIONER BROWN: NAY MOTION CARRIED. Ms. Greco stated, "You all also need to set the Tentative Voted Debt Service Millage at .110 mills." Ms. Greco added, "And to adopt the Resolution (2008-40) as written?" Commissioner Robert S. Miller stated, "Yes - Motion." Mayor Bush asked Commissioner McGinnis, "Is that the way you understood it?" Commissioner Sally McGinnis stated, "Correct." Mayor Bush added, "And those who Voted?" No objections were noted. PUBLIC HEARINGS 501. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2008-41, Establishing The Tentative Budget For Fiscal Year 2008-2009. Ms. Greco addressed the City Commission on this Agenda Item and remarked, "What still needs to be determined is to cost out a Compression Study which you all spoke about and the other issue had to do with some parking fees for City events. So, those are the only two (2) items -that we don't have a number for tonight." Mayor Bush said to Ms. Greco, "Tuesday, the Commission had a Workshop, and they put things back into the Budget -read the things that were put back into the Budget." Ms. Greco stated, "The Add Backs to the Budget were - a Merit Pay program..." Mayor Bush noted, "...Which is really the pay raises for the City employees." Ms. Greco continued, "The second item was the Cody Study range adjustments because they haven't been looked at in two (2) years." Next, Ms. Greco explained, "We added some community events back to the Budget; one being the Holiday Parade; the Christmas Tree Lighting; the Christmas Concert was not put in -the Springs Concert; and the Fourth of July/50th year Anniversary Event. In addition to keeping the two (2) Fire Department positions and finding them a place within the organization." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 8, 2008 PAGE 4 OF 27 Continuing, Ms. Greco remarked, "The next item was due to the forty-six (46) plus foreclosed homes in the area -the Commission had approved extra money for lot clearing." Lastly, Ms. Greco noted, "Add two (2) new Police Officers and equipment to the Budget due to crime activity and gang activity and lastly, the Fall Event for October was added." Mayor Bush opened the "Public Input"portion of the Agenda Item. Mr. David Rath, 1700 Cinnamon Circle, Casselberry, Florida: noted that he did not think the City should taking care of foreclosed property; and there should be no need for extra Police Officers, based on a Money Magazine article about Winter Springs. Discussion. Mr. Dan Brahler, 205 Torcaso Court, Winter Springs, Florida: commented on Budget items and suggested that Homeowner Associations could assist with foreclosed properties. Ms. Sherri Moore, 925 Dyson Drives, Winter Springs, Florida: commented on the suggested Add Back expenses, and recommended the City consider other options including corporate sponsorships. Tape 1/Side B Mayor Bush closed the "Public Input" portion of the Agenda Item. Further discussion. "MOTION TO APPROVE `501'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. DEPUTY MAYOR GILMORE ASKED, "WE WILL HAVE AN OPPORTUNITY TO REVIEW THIS FOR THE NEXT MEETING, CORRECT?" MANAGER McLEMORE SAID, "ABSOLUTELY." VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 8, 2008 PAGE 5 OF 27 Mayor Bush called a Recess at 6: 06 p. m. The Regular Meeting was called back to Order by Mayor Bush at 6:17 p. m. • • AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM "601" WAS DISCUSSED NEXT, AND WAS ALSO DISCUSSED AGAIN, AS NOTED ON PAGES 8-10 OF THESE MINUTES. THE INFORMATIONAL AND CONSENT AGENDAS FOLLOW. • • REGULAR AGENDA REGULAR 601. Community Development Department Requests The City Commission Consider Costs To Be Incurred By The City Related To The 2008 Winter Springs Festival Of The Arts And Decide The Level Of Service To Be Provided By The City And A Funding Source For The Corresponding Expenditures. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department introduced this Agenda Item. Discussion. Mayor Bush asked, "Do you want us to delay this?" Commissioner Brown stated, "That is fine with me." Commissioner Krebs stated, "Fine." No objections were voiced. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Proiects. Mr. Stevenson stated, "Pursuant to a discussion that we had -normally we don't put those items on `100', that are the subject of Building Permits only, but we will be trying to modify the format to give you a little more information about those retrofits, similar to the one we had over at 125 Excelsior Parkway, so that we keep you more up to speed in a bullet format at the end of this about; not only about the new projects but those retrofit and those redevelopment projects." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 8, 2008 PAGE 6 OF 27 Commissioner Brown suggested, "I would be willing to see a bullet point with the text supporting it available for review if necessary -even if it is on line. I think this report could probably be cut down to a couple of pages if we just did maybe a very brief paragraph - a status update or one that says no status change. I don't know that we need to read all of this every week." Commissioner Krebs referenced one of the items and stated, "If you just want to make that and say, `Per 11/13/07 Agenda', we will know there has been no changes since then and we can go back and look, if we want to. I would like to see something on new items or something that has changed." Deputy Mayor Gilmore mentioned that new changes were shown in bold print. Commissioner McGinnis suggested, "I agree with Commissioner (Donald A.) Gilmore." Furthermore, Commissioner McGinnis said, "I would leave it to the discretion of staff to abbreviate some of the older items that we keep on for a long time." Mayor Bush said to Mr. Stevenson, "Why don't you try to come up with a way to do this and let the Commission take a look at it?" Mr. Stevenson responded, "We will do that. We'll probably track changes in the projects and have the history on line for you. It'll probably take us a couple of meetings to get it squared away, but we'll do it." INFORMATIONAL 101. Office Of The City Clerk Wishes To Inform The City Commission Of The Candidates That Have Qualified For The November 4, 2008 City Of Winter Springs Municipal Election. There was no discussion on this Agenda Item. Mayor Bush asked, "Can we have aMotion - on Informational [Agenda]?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. CTI'Y OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 8, 2008 PAGE 7 OF 27 CONSENT AGENDA CONSENT 200. Public Works Department Requesting The City Commission Authorize Executing A Mutual Use And Benefit Agreement With Ashbritt Environmental For Storm Debris Removal By Piggybacking Off Their Current Contract With The City Of Casselberry. No discussion. CONSENT 201. Utility/Public Works Department Requests That The City Commission Approve Resolution Number 2008-44 Recognizing The Retirement Of Utility Department Employee Ralph Fuccillo. There was no discussion on this Agenda Item. CONSENT 202. Information Services Department Requests Commission Authorization To Pay The Munis Annual Maintenance And Support Contract In The Amount Of $52,732.50 And To Authorize The City Manager's Signature On The Annual Support And License Agreement As Well As The Annual Operating System And Database Administration Support (OSDBA) Agreement. This Agenda Item was not discussed. CONSENT 203. Information Services Department Requests Authorization To Dispose of Surplus Assets According To The Attached Disposition Sheets. No discussion. CONSENT 204. Office Of The City Clerk Approval Of The August 25, 2008 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 8, 2008 PAGE 8 OF 27 CONSENT 205. Parks And Recreation Department And Public Works Department Requesting Authorization To Award The Contract For Construction Of the Trotwood Park Expansion To BDG Construction Services, LLC. This Agenda Item was not discussed. "MOVE TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. COMMISSIONER KREBS NOTED, "I DON'T NEED, ESPECIALLY THINGS FOR INFORMATIONAL AND CONSENT - I JUST READ IT ON LINE." COMMISSIONER McGINNIS STATED, "I DO." COMMISSIONER KREBS ADDED, "ANDREA (LORENZO-LUACES), IF YOU CAN NOT MAKE ME A COPY, THAT WOULD BE GREAT." MAYOR BUSH THEN SAID, "ANDREA (LORENZO-LUACES), WHY DON'T YOU POLL THE COMMISSIONERS AT A LATER TIME AND ASK HOW THEY WANT THIS; SO, WE CAN SAVE PAPER." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. •• AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED AGAIN, AS PREVIOUSLY NOTED ON PAGE 5 OF THESE MINUTES. • • REGULAR AGENDA REGULAR 601. Community Development Department Requests The City Commission Consider Costs To Be Incurred By The City Related To The 2008 Winter Springs Festival Of The Arts And Decide The Level Of Service To Be Provided By The City And A Funding Source For The Corresponding Expenditures. Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: spoke to the City Commission on the upcoming Festival of the Arts. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 8, 2008 PAGE 9 OF 27 Mr. Lacy then explained, "None of our events are actually going to be on Tuskawilla [Road] so, it would be possible to leave Tuskawilla [Road] open; we'd just have to pay close attention to the pedestrian traffic that might be crossing Tuskawilla [Road] to get over to the stage and the music events. And, we're very sensitive about the grass and the quality of the shrubbery that is going to be down the center of Blumberg Boulevard, and we've gone to great pains to try to find an aesthetically pleasing way to address that concern." Continuing, Mr. Lacey explained, "So, we've allocated quite a bit of manpower to patrol that area. I think we're going to place the tents in a way that discourages people from going back in to the nice shrubbery and we're going to have people there from Police Officers to Police Explorers to other volunteers, taking special care to make sure that the pedestrian traffic is first of all, diverted away from that." Discussion followed on parking, volunteers, Police assistance, and deposits. Commissioner Brown asked Manager McLemore, "Have you met with Event Planner - who wanted to work with the City, whose information I have sent you?" Manager McLemore said, "I have not heard back from that person yet." Commissioner Brown added, "She may be here tonight. I think she is going to introduce herself during Public Input. This might be great opportunity to partner with her and see what she might be able to bring to the table over the next month." With further comments, Manager McLemore noted, "I'll be happy to talk with her if you will just give me that discretion and this is not that issue of finding that person. I can have a scope of services for her or anyone else, just for this event, but it will be different from the RFP (Request For Proposal) we're going to put out." Discussion. Mr. Lacey stated, "We are asking for a Waiver of the fees that are on this that are six thousand four hundred and seventy dollars ($6,470.00) and the refundable deposit and per your suggestion Mayor, any additional funds that come in through Brighthouse, we would apply that to this dollar first. If it came in excess of that, we would take it, but if we got another six thousand dollars, we would apply that to this and compensate the City for that." Tape 2/Side A Mr. Paul Partyka, 292 Solaris Wharf Street, Winter Springs, Florida: addressed the City Commission on this Event. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 8, 2008 PAGE 10 OF 27 Commissioner McGinnis commented, "As we sit down and look at our Final Budget, we may decide to in fact take something else out..." Commissioner Krebs noted, "... We might..." Commissioner McGinnis continued, "...In place of this." Continuing, Commissioner McGinnis noted, "Now we are going to talk about another Event, so I would suggest to the Commission that when we sit down, we might substitute this for another Event. But, I agree, it is the visibility, the name recognition, your numbers sound great, I don't know -first year, it doesn't matter. It is a goal, and maybe next year it will be even better. So, that is the way I am looking at this. I do support it." Commissioner Krebs, "I agree with some of what you say Commissioner, but if we are lucky, and I think we will be, this Event may cost us absolutely nothing." Deputy Mayor Gilmore noted, "I can support this, but would ask the Police Chief to go back, since his is thirty-six percent (36%) of this Budget, to go back and see if there are alternative ways of providing what you want." Further discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE WITH THE UNDERSTANDING THAT SPONSORSHIP DOLLARS WILL BE APPLIED TO THE CITY'S BUDGET OF SIXTY FOUR HUNDRED AND SEVENTY DOLLARS ($6,470.00) FIRST, AND THAT IF WE ARE UNSUCCESSFUL IN RAISING THAT AMOUNT, THAT WE WILL LOOK THROUGH THE BUDGET PROCESS AND POST-BUDGET PROCESS TO REPLACE AN EXISTING EVENT OR EXPENDITURE TO COVER THE LOSS THAT WE SHOULD INCUR ON THIS, IF WE SHOULD IN FACT INCUR ONE." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMSSIONER MILLER." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 8, 2008 PAGE 11 OF 27 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor Presentation Of Resolution Number 2008-34 Expressing Appreciation To Sherri P. Moore For Her Service As A Member Of The City Of Winter Springs Code Enforcement Board. Mayor Bush and the City Commission presented Resolution 2008-34 to Ms. Sherri P. Moore. AWARDS AND PRESENTATIONS 301. Office Of The Mayor And Office Of The City Manager And Office Of The Public Works Department Director Presentation Of Resolution Number 2008-44 Recognizing Ralph Fuccillo For His 24 Years Of Dedicated Service As An Employee Of the City Of Winter Springs; And Expressing Our Appreciation On Behalf Of The Citizens Of The City Of Winter Springs. Mayor Bush and the City Commission presented Resolution 2008-34 to Mr. Ralph Fuccillo in honor of his service to the City of Winter Springs. AWARDS AND PRESENTATIONS 302. Office Of The Mayor Presentation Of A Proclamation To Lukas Nursery In Honor Of Their "Butterfly Encounter." Mayor Bush presented a Proclamation to Lukas Nursery on their "Butterfly Encounter." Mayor Bush called a Recess at 7:16 p.m. The Regular Meeting was called back to Order by Mayor Bush at 7:29 p. m. REPORTS REPORTS 400. Office Of The City Attorney -Anthony A. Garganese, Esquire Attorney Garganese commented on a Complaint that was filed regarding Jesup's Reserve. CTI'Y OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 8, 2008 PAGE 12 OF 27 Mr. Garganese reported on the Hayes Road right turn lane and noted that "Mr. Kamil Gowni has now delivered the Deed and the partial Satisfaction of Mortgage, so we'll be recording the right turn lane by the end of this week." Mayor Bush asked, "Now that we are going to get the right-of--way on the right turn lane on [State Road] 434 and Hayes, how long before we start doing something about it?" Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Department responded, "It's in the Budget. When we get some Impact fees whenever Randy (Stevenson) starts these units next door, when they pay their Fees, we should be good to go. So, we're budgeted in the next year." Mayor Bush asked that if the Commission was interested, they could use General Fund monies to start the project, and then refund the General Fund when the Impact Fees came in. Mr. Lockcuff agreed and said, "You could." REPORTS 401. Office Of The City Manager -Ronald W. McLemore Manager McLemore suggested the City Commission set another Budget Workshop before September 22"d, 2008. Commissioner Krebs noted, "We do have one scheduled next week - it is `Goals'. Could we substitute it for that and maybe have `Goals' another time?" Mayor Bush said to Manager McLemore, "Let's try the 15~' (September 2008) - if you need more time, we can always have another Meeting." Discussion. Discussion followed on another date for a Workshop and the date of September 17th was suggested. Commissioner Brown suggested, "If we do it on the 17t1i, can we do it at 6:00 [p.m.]?" Commissioner Krebs stated, "That is fine." Commissioner McGinnis remarked, "Could we do the 15~' (September 2008) at 6:00 [p.m.]?" On the Workshop set for September 15a`, 2008, Mayor Bush asked, "Is 6:00 [p.m.] okay?" No objections were noted and Mayor Bush clarified, "Let's do it at six o'clock on the 15`I` (of September), and the 17~' (of September 2008) as a tentative Meeting at six o'clock as well." Commissioner McGinnis stated, "Okay." CITY OF W[NTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 8, 2008 PAGE 13 OF 27 REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, CMC No Report. Mayor Bush stated, "Nice job Andrea (Lorenzo-Luaces, City Clerk) on the Brunch. Very nice, I thought it worked out really well. I know that you and your people did a lot of work." REPORTS 403. Commission Seat One -Robert S. Miller No Report. REPORTS 404. Commission Seat Two -Rick Brown No Report. REPORTS 405. Commission Seat Three/Deputy Mayor -Donald A. Gilmore Deputy Mayor Gilmore remarked, "Andrea (Lorenzo-Luaces), and her staff, congratulations and thanks. Wonderful job!" After watching all the flooding and -the twenty-two inches (22"), plus or minus of water we have had, I think our City people that have been setting the standards for drainage along with the state and that deserve a lot of credit, because we didn't have an awful lot of damage. There were a couple of streets, but the potential that we could have had was catastrophic, if it weren't for the design that our people have put into these buildings and facilities. So, my congratulations to everybody. Deputy Mayor Gilmore added, "Zynka (Perez, Public Works Department) really got out there and took care of those almost - as soon as the calls came in, so thanks a lot!" REPORTS 406. Commission Seat Four -Sally McGinnis Commissioner McGinnis said, "Bravo to Andrea (Lorenzo-Luaces) and her staff - it was a really nice Event Saturday. I can say the price was right this year. I hope we can replicate that again. Thank you Commissioner Krebs for the flowers." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 8, 2008 PAGE 14 OF 27 Furthermore, Commissioner McGinnis added, "It accomplished everything we wanted to and everybody had a good time." REPORTS 407. Commission Seat Five -Joanne M. Krebs Commissioner Krebs, "And again, Andrea (Lorenzo-Luaces), great job to you and your staff." Next, Oak Hollow Park and Oak Forest Lake were addressed by Commissioner Krebs. Commissioner Krebs then asked Manager McLemore, "As you know, there was an issue with a water bill a few weeks ago, and there was an issue that occurred out here. What have we done to remedy it?" Commissioner Krebs added, "I think some customer service training is warranted here." Manager McLemore said "I agree. We've had some discussions about that." REPORTS 408. Office Of The Mayor -John F. Bush • Collection Of email Addresses Mayor Bush said, "Commissioners, we've changed one thing on our Public Input form, we are now asking for email addresses. One of the things that I would like the Commission to consider, and that is that we start doing a better job of communicating with our citizens using the email." Discussion followed on saving money and offering citizens the City newsletter either emailed or mailed. Attorney Garganese said, "The City can create an email list and disseminate information. The only thing that I would suggest off the top of my head is that there is a way that somebody to opt out of it -and that can be automatic." Commissioner McGinnis suggested that people are given an option of paper or electronic and "I think we also need to make it clear to people when we ask for their email, that we will not ever sell -that list." Mayor Bush noted it would be a public record." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 8, 2008 PAGE 15 OF 27 Attorney Garganese commented that, "Social Security is unique and the law allows municipalities to verify information from the person requesting the information, so we have used that - if you compile email addresses, it's going to be a Public Record and somebody could request it and use it." Mayor Bush stated, "Commissioners, let's ask the Manager to research this; come back with some kind of a recommendation?" ~~SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: NAY DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: AYE MOTION CARRIED. Mayor Bush then recommended the City Commission consider a "Voter Referendum on whether or not the citizens of Winter Springs would support number one (1), an Events Center and/or number two (2), a community swimming pool." Mayor Bush mentioned speaking recently with a citizen who was interested in working on such an effort. Members of the City Commission also discussed possibly sending out a Survey. With discussion, Mayor Bush said, "Let's start thinking about it." PUBLIC INPUT Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: spoke on a recent decision made at a Planning and Zoning Board/Local Planning Agency Meeting and the Code of Ordinances. PUBLIC HEARINGS AGENDA (PART II) PUBLIC HEARINGS 502. Community Development Department -Planning Division Requests The City Commission Conduct A Public Hearing For The First Reading Of Ordinance 2008-17, Annexing A Parcel Located At 1072 West SR (State Road) 434 (East Of SR [State Road] 417), Equaling Approximately 7.5 Acres And Owned By East Coast Believers Church Inc. Mayor Bush stated, "Do we have a Motion to read by `Title' only?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 8, 2008 PAGE 16 OF 27 "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Mon je S. Plank, P.E., Senior Vice President, Central Florida Land Design Corporation, S00 North Maitland Avenue, Suite 110, Maitland, Florida: briefly addressed the City Commission. Mayor Bush closed the "Public Input "portion of the Agenda Item. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department briefly addressed the City Commission. "MOVE FOR APPROVAL." MAYOR BUSH NOTED, "MOVE FOR APPROVAL AND MOVE TO SECOND READING." MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Tape 2/Side B CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 8, 2008 PAGE 17 OF 27 • • AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE PUBLIC HEARINGS AGENDA. • • REGULAR AGENDA REGULAR 602. Office Of The City Manager Requesting The Commission To Review This Report Regarding The Reimbursement of Costs For The 2008 W.L.O.Q. Jazz Event, And Take Any Action It Deems Appropriate. Manager McLemore introduced this Agenda Item for discussion. Commissioner Brown commented for the Record and stated, "Andrea (Lorenzo-Luaces), the bottom of page 2, one of those `Brenda Brown' should be replaced with the name of former Mayor `Paul Partyka'." Discussion. "I WILL MAKE A MOTION THAT WE ADOPT THE FIRST PROPOSAL [`1.'], LET THE CHAMBER PAY THE FULL AMOUNT, AND THAT THE FIFTY PERCENT (50%) OF THE REMAINING BE PAID AND USED FOR SOME OTHER FUTURE EVENT IN THE CITY." MOTION BY COMMISSIONER MILLER. MAYOR BUSH SAID, "THEY WOULD PAY THE ONE THOUSAND AND FOURTEEN [DOLLARS] ($1014.00), AND THE REMAINDER -THE CITY WOULD PAY?" MANAGER McLEMORE NOTED, "THE GUARANTORS WOULD PAY FIFTY PERCENT (50%) OF THE BALANCE." SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER KREBS: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: ABSTAINED MOTION CARRIED. Mayor Bush remarked, "Commission, I don't agree with that." Commissioner McGinnis stated, "I would like to bring the issue back up." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 8, 2008 PAGE 18 OF 27 "MOTION TO RECONSIDER." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: ABSTAINED COMMISSIONER MILLER: NAY MOTION CARRIED. "I MOVE THAT WE RECOMMEND OPTION NUMBER `2."' MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH NOTED, "NUMBER `2.' WHICH WOULD BE THE CHAMBER PAYING THE ONE THOUSAND FOURTEEN [DOLLARS] ($1014.00), AND THE CITY PICKING UP THE BALANCE." VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: ABSTAINED COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 503. Community Development Department Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2008-11, Which Rezones Two (2) Parcels Containing 9.04 Acres, More Or Less, Located Adjacent To The North Side Of SR (State Road) 419 On The East And West Side Of Wade Street From "C-1 Neighborhood Commercial" To "C-2 General Commercial" Subject To Certain Use And Other Restrictions Pursuant To Section 20-31.(e). Attorney Garganese read Ordinance Number 2008-11 by "Title" and commented for the Record that, "It would not authorize any other C-2 general commercial uses on the property other that the two (2) that are listed on pages 2 and 3 of the Ordinance, generally being outdoor storage facilities and a single warehouse building not to exceed 27,000 square feet. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 8, 2008 PAGE 19 OF 27 If the Commission approves this Ordinance, there is a contingent Effective Date, it would only be effective once Mr. Phillips, the property owner, executes a `Consent To Zoning Restrictions', which is attachment `E' in the Agenda Package." 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. Commissioner Miller said, "The last proposed Zoning Map dated June 2008 that is up on the board there -the one that was presented to us for May 2008 shows the same two (2) pieces of property as the subject property, but the one for June shows an `x' on that eastern section. I was wondering why the `x' is there?" Ms. Sahlstrom stated, "I guess it's a mistake to have it there. It doesn't mean anything. I don't recall putting it there." Deputy Mayor Gilmore inquired, "Does this at this point require the restrictions we put in it for the types of storage or not?" Attorney Garganese answers, "It does. It includes the two (2) Uses that were approved in the Zoning Ordinance that was adopted by the Commission previously - 2008-10." "MOVE FOR APPROVAL." MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 504. Office Of The City Attorney Second Reading And Adoption Of Ordinance 2008-16, Which Amends The City Of Winter Springs Code Of Ordinances, To Provide That Where A Municipal Election Results In A Tie Vote The Candidates That Receive An Equal And Highest Number Of Votes Shall Run Again In A Runoff Municipal Election To Be Held No Later Than 60 (Sixty) Days Following The Initial Election. Attorney Garganese read the Ordinance by "Title" only. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 8, 2008 PAGE 20 OF 27 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 BROWN. SECONDED BY DEPUTY MAYOR GILMORE. 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 Requests The City Commission Review And Approve The Tuscawilla PUD (Planned Unit Development) Master Plan Modification. Mr. John Baker, AICP, Senior Planner, Community Development Department spoke on this Agenda Item. 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 BROWN. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 8, 2008 PAGE 2l OF 27 PUBLIC HEARINGS 506. Community Development Department Requests The City Commission Review The Tuscawilla Greens Combined Preliminary And Final Development Plan, And Preliminary And Final Engineering/Site Plan For A 60 Unit Condominium Development On Approximately 12.02 Acres, Located On The South Side Of Winter Springs Boulevard, Adjacent To Howell Creek, And Immediately Adjacent To The Tuscawilla Golf And Country Club. Mr. Stevenson presented this Agenda Item. Mayor Bush opened the "Public Input "portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion. Next, discussion followed with Mr. Brian Fields, P.E., City Engineer, Public Works Department. "MOVE FOR APPROVAL." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 507. Office Of The City Manager Requesting Commission Approve Resolution 2008-45 For Purposes Of Collection Of Delinquent Fire Assessments From FY (Fiscal Year) 2008 Via The Property Tax Rolls. Mr. Smith introduced this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 8, 2008 PAGE 22 OF 27 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 BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 508. Finance Department And Community Development Department Requesting That The City Commission Adopt Resolution Number 2008-46, Expanding The Oak Forest Wall And Beautification District Boundaries To Include One New Parcel (Tax ID # 12-21-30-501-OB00-0000 -Address 1069 Winter Springs Boulevard) And Authorizing The Submittal Of The Certificate To Non-Ad Valorem Assessment Roll, Assessment Summary And FY (Fiscal Year) 2008-2009 Annual Assessment Roll For Tax Year 2008 Relating To The Oak Forest Wall And Beautification District And The Tuscawilla Lighting And Beautification Assessment Area - Phases I And II To The Seminole County Tax Collector By September 15, 2008. Mayor Bush opened the "Public Input "portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Greco addressed the City Commission on this Agenda Item. Discussion. ~~MOTION TO APPROVE." MOTION BY COMMISSIONER IGtEBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FIARIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 8, 2008 PAGE 23 OF 27 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. •• AGENDA NOTE: THE REMAINING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, AS DOCUMENTED. •• REGULAR AGENDA REGULAR 600. Community Development Department Requests The City Commission Review The Tuscawilla Greens Development Agreement For A 60 Unit Condominium Development On Approximately 12.02 Acres, Located On The South Side Of Winter Springs Boulevard, Adjacent To Howell Creek, And Immediately Adjacent To The Tuscawilla Golf And Country Club. Mr. Baker introduced this Agenda Item for discussion. Attorney Garganese commented on a 4`I' Amendment to the Settlement Agreement between the City and the Tuscawilla Country Club and stated, "In my opinion, in conjunction with the Development Agreement, several Amendments need to be made to the Settlement Agreement so everything is consistent." With discussion, Attorney Garganese explained, "It recognizes that the Owner will install the six foot (6') tall decorative wrought iron or decorative fence along the boundary of Parcel 7, along Winter Springs Boulevard and that is depicted on the Final Engineering Plans that you have just approved; and of course they would have to comply with Aesthetic Review and the decorative fence requirement would become effective at such time they pull the Building Permits for this project. Paragraph 2 acknowledges -the City will acknowledge and agree that the existing golf course maintenance building which is currently located on parcel 7 which is the - condominium development property will be relocated to that parcel 8 remainder property prior to final completion of the condo project. The parcel 8 remainder property is defined in the 3`a Amended Settlement Agreement just to refresh everybody's recollection; that's the property that's way out back along the power easement -there are currently maintenance buildings on that property. They would move the maintenance building that is right next to the tennis courts to the parcel 8 remainder property. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 8, 2008 PAGE 24 OF 27 Paragraph 3 recognizes that a certain amount of fill is required for the condominium property and some of that fill is going to come from the 4`" and 10~' fairways. That will be excavated, and that soil will be brought to the condominium property site and this requires that those excavation areas on the 4~' and 10~ fairway, once permitted bey the City and other government agencies, will be incorporated as water features on the 4 and 10 fairways, so they're not going to just be a borrow pit. There will be water features. And -paragraph 4 recognizes that there is an emergency ingress and egress easement that's required, that was depicted on the plans; and it incorporates the legal description as Exhibit `A' to the 4~` Amendment, again that was depicted on the Plans. So, I would ask that if the Commission is ready to approve the Development Agreement, that the Commission also approve the 4~' Amendment to Settlement Agreement in conjunction with that." Mr. Tom Corkery, 759 Bear Creek Circle, Winter Springs, Florida: commented on this project. With discussion, Mayor Bush asked about the water feature and inquired, "About the water feature along Northern Way, is that in here?" Mr. Corkery explained, "It's not in this -it's in the revised Developer's Agreement, but it's not in the plans, because it's so far away." Attorney Garganese said, "There will be a special Permit Application that will be submitted for that excavation." Commissioner Brown noted, "Mr. Miller did however point out that the people in your brochure are depicted walking on a sidewalk." "MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH STATED, "MOTION TO APPROVE AND TO ALSO INCLUDE THE 4TH AMENDMENT TO THE SETTLEMENT AGREEMENT." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KItEBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 8, 2008 PAGE 25 OF 27 REGULAR 603. Office Of The City Clerk Requests The City Commission Consider Requested Information Regarding The Current Performance Review For The City Clerk Due September 27, 2008. City Clerk Lorenzo-Luaces briefly introduced this Agenda Item. Commissioner Krebs said, "Fine job." Commissioner McGinnis stated "Yes." Mayor Bush commented that the Minutes are extensive. Discussion followed with City Clerk Lorenzo-Luaces. Mayor Bush stated, "I think the Motion should be in there." Manager McLemore stated, "The Motion has to be in there." Mayor Bush added, "Who Seconded it, and the Vote." Mayor Bush and Commissioner McGinnis noted that they preferred "Abbreviated" Minutes. Next, Deputy Mayor Gilmore spoke of listening to the audiotapes from Meetings, and suggested that a good system be installed. Tape 3/Side A Further brief discussion. "I WOULD LIKE TO MAKE A MOTION THAT THE CITY MANAGER BE ASSIGNED THAT PROJECT AND TAKE A LOOK AT BEING ABLE TO DO SOMETHING WITH IT." MOTION BY DEPUTY MAYOR GILMORE. MAYOR BUSH NOTED, "SO, YOUR MOTION IS FOR THE MANAGER TO INVESTIGATE A BETTER AUDIO SYSTEM." DEPUTY MAYOR GILMORE STATED, "YES." SECONDED BY COMMISSIONER McGINNIS. DISCUSSION FOLLOWED ON WHICH BUDGET YEAR. `~I WILL SPECIFY THE BUDGET YEAR [20']08 -[20']09." AMENDMENT TO THE MOTION BY DEPUTY MAYOR GILMORE. DEPUTY MAYOR GILMORE ADDED, "MAY BE FUNDED IN THERE - HE MAY DO THE RESEARCH NEXT YEAR." AMENDMENT TO THE MOTION DIED FOR LACK OF A SECOND. DISCUSSION FOLLOWED ON CASSETTE TAPES BECOMING OBSOLETE AND COMMISSIONER McGINNIS NOTED, "I THINK WE OUGHT TO LOOK AT THAT TOO." MAYOR BUSH SAID, "I THINK THAT WOULD HAVE BEEN COVERED IN THE MOTION FOR THE MANAGER TO INVESTIGATE." CTI'Y OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER S, 2008 PAGE 26 OF 27 VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: NAY MOTION CARRIED. Mayor Bush asked, "When does the Commission decide on Andrea's (Lorenzo-Luaces) pay raise?" City Clerk Lorenzo-Luaces stated, "My Anniversary date is September 27`I'." Mayor Bush added, "Yes -the next Meeting." City Clerk Lorenzo-Luaces then asked, "Do you want me to bring back the same Agenda Item?" Mayor Bush stated, "I don't see that that is necessary - it is an Agenda Item. But the Agenda Item will be to decide the Clerk's pay." Commissioner Miller noted, "Correct -but the data we don't need." REGULAR 604. Office Of The City Manager ADD-ON Requesting Authorization To Proceed With Construction Of An Emergency Access For The Winding Hollow Subdivision Between Winding Chase Boulevard And Trotwood Boulevard. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER IGtEB5. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 8, 2008 PAGE 27 OF 27 ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:47 p.m. RESPECTFULLY SUBMITTED: LaDONNA SLAYTER, ASSISTANT TO THE CITY CLERK AND A A LORENZO-LUACES, CMC CL ~ CLERK APPROVED: ~~ _ OR OHN I~'. BUSH NOTE: These Minutes were approved at the September 22, 2008 Regulaz City Commission Meeting.