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HomeMy WebLinkAbout_2006 01 09 City Commission Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JANUARY 9, 2006 CALL TO ORDER The Regular Meeting of Monday, January 9, 2006 of the City Commission was called to order by Mayor John F. Bush at 6:30 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 Michael S. Blake, present Commissioner Robert S. Miller, absent Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, absent City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. "I WOULD LIKE TO MAKE A MOTION THAT WE POSTPONE ITEM '201' WHICH IS THE COMP [COMPREHENSIVE] PLAN AMENDMENT HEARING - ORDINANCE NUMBER 2005-29 - UNTIL JANUARY 23RD, 2006." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. City Manager Ronald W. McLemore requested that "Regular Item '301', be delayed until next meeting." Mayor Bush asked, "Any objections, Commissioners?" Commissioner Sally McGinnis stated, "No." With no objections, Mayor Bush stated, '''301' is postponed to the next Meeting." Mayor Bush then asked that a Presentation on a recent trip to Tallahassee be given. Mr. Brian Fields, P.E., City Engineer, Public Works Department addressed the City Commission on a meeting with the Secretary of the Department of Transportation. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 9, 2006 PAGE 2 OF 13 At the conclusion of this presentation, Mayor Bush stated, "Brian [Fields] did an excellent job representing this! The Secretary interrupted him several times during the Presentation and he gave direct answers that I think the Secretary appreciated. Mr. McLemore also did a nice job." Commissioner McGinnis remarked, "I hope we develop a good relationship with him." PUBLIC INPUT Ms. Carol Wolff, 647 Elmwood Drive, Winter Springs, Florida: spoke on Agenda Item "201" and noted flooding problems related to the Dittmer property and asked if something could be done. Discussion ensued with Mr. Kip Lockcuff, P.E., Director, Utility/Public Works Department. Manager McLemore stated, "Once we get into a real Site Plan Review, we can fix this problem." Mr. Gary Diller, 609 Nighthawk Circle, Winter Springs, Florida: representing the Greenspointe Board of Directors and residents and read a statement in support of the Winter Springs Golf Course. Mr. Diller mentioned that "Mr. Brian Fields is an absolutely fantastic young man. We have a problem in our community with drainage that involves the golf course - Mr. Fields was nice enough to come out and take a look at the situation. He was nice enough to come out one evening on his own time and present to our residents at our monthly meeting, the situation and discuss some alternatives. And also - he came one time and discussed things with the residents involved. So, I want to personally thank him on behalf of our Association for his fine work. Secondly, and last but not least, Commissioner McGinnis continues to be and has always been and continues to be an absolute strong supporter of our community. Our Board of Directors, our residents - at any time that they have any kind of a concern, can always go to her, either in person or on the telephone and she is there for us. If she doesn't know the answer, she will find out. And again, she has come to our Board of Directors Meetings to discuss concerns and issues that our residents may have." Mr. Diller then gave a Petition to the City Clerk. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUAR Y 9, 2006 PAGE 3 OF I3 Mr. Ritchie Moretti, 2396 Overseas Highway, Marathon, Florida: as an owner of property adjacent to the Dittmer property, Mr. Moretti spoke of his concern with neighboring lands that affect his property. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: spoke in support of Mr. Moretti; and noted her concern with game play being planned for the Parker Property. Mr. Tom Brown, 717 Adidas Road, Winter Springs, Florida: mentioned that Agenda Item "201" be reviewed and suggested the Visioning process should be reviewed again by the Planning and Zoning Board/Local Planning Agency. Mr. Eric Breininger, 1207 Lake Lucerne Circle, Winter Springs, Florida: spoke on the property related to Agenda Item "201" and his concern that access to this property will come through his neighborhood. Mr. Rick Brown, 211 Nandina Terrace, Winter Springs, Florida: mentioned an event at Tijuana Flats this Thursday recognizing Winter Springs High School National Merit Scholars. Ms. Viki Hamilton, 50 Moree Loop, #29, Winter Springs, Florida: representing some Highlands communities, Ms. Hamilton asked for the City Commission's support of the Winter Springs Golf Course and keeping it a Golf Course. Brief discussion. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. None PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Not Used CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 9, 2006 PAGE 4 OF 13 PUBLIC HEARINGS 201. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading And Transmittal Of Ordinance Number 2005-29, A Large Scale Comprehensive Plan Amendment, Referenced As LS-CP A-06-01 Which Changes The Future Land Use Map Designation From "Industrial" To "Medium Density Residential" For Seven (7) Parcels Containing 47.27 Acres, More Or Less, Less Areas 1 And 2, Located Between Shepard Road And Florida Avenue. (This Item Was Postponed From The November 1, 2005 Meeting To Date Certain, The December 6, 2005 Meeting.) As noted earlier during the Meeting, this Agenda Item was postponed. .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED IN THE ORDER AS DOCUMENTED. .:. .:. REGULAR AGENDA REGULAR 300. Office Of The City Manager DELETED Requesting The City Commission To Approve The Terms Of A Solid Waste Contract With Waste Pro Of Florida, Inc. And To Authorize The City Attorney To Finalize A Contract Incorporating The Terms, And Rate Resolution Memorializing The Rates Approved By The Commission. REGULAR 301. Office Of The City Manager ADD-ON Requests That The City Commission Consider Approval Of Resolution Number 2006-05 Which Proposes To The Seminole County Charter Review Commission Two (2) Amendments To The Seminole County Home Rule Charter Related To Preserving Municipal Home Rule And Providing Adequate Time To Publicly Debate Future Charter Amendments Proposed By The Seminole County Board Of County Commissioners. Also as noted earlier during the Meeting, this Agenda Item was delayed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 9, 2006 PAGE 5 OF 13 REGULAR 302. Office Of The City Manager - General Services Department Requesting The City Commission Approve Resolution Number 2006-01 Revising Section 22.1 Of The City's Personnel Policy, RE: Holiday Observance. Mr. Kevin Smith, Director, General Services Department addressed the City Commission on this Agenda Item. Tape l/Side B With discussion on the "Floating Holiday and shift workers, Deputy Mayor Michael S. Blake suggested, "We could certainly just call it something different, not call it a 'Floating Holiday' and call it an additional 'Vacation Day'." Commissioner McGinnis stated, "Good." Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE ADOPT ITEM '302' WITH THE ADDITIONAL CLARIFICATION THAT THE MANAGER HAS THE AUTHORITY TO CORRECT ANY SCHEDULING ISSUES TO MAKE SURE THAT EVERYTHING IS FAIR FOR EACH DEPARTMENT, EVEN WHEN THEY HAVE SPECIFIC SCHEDULING DILEMMAS THAT WOULD PROHIBIT THEM FROM BENEFITING FROM A FLOATING HOLIDAY." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. REGULAR 303. Community Development Department - Planning Division Requests The City. Commission Approve The Second Amendment To The Development Agreement With First Orlando Development Co., Inc. For The Landings At Parkstone Townhouse Development. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department introduced this Agenda Item. "I MAKE A MOTION THAT WE APPROVE ITEM '303'." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 9, 2006 PAGE 6 OF 13 VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 400. Fire Department Requesting To Donate 69 (Sixty-Nine) Surplus Aluminum Self Contained Breathing Air (SCBA) Cylinders No Longer Utilized In The Fire Department To The Florida Fire Chief's Association, Volunteer Fire Department Section. There was no discussion on this Agenda Item. CONSENT 401. Community Development Department - Urban Beautification Services Division Requesting Commission Approval For The 2006 Neighborhood Improvement Grant Program (NIP). Brief discussion CONSENT 402. Utility Department Requesting Permission To Purchase (1) Ford F-250 (3/4 Ton Pickup Truck, 4x4) By Piggybacking Off Of Florida Sheriff's Association Bid Number 04-12-0824 With Don Reid Ford. No discussion. CONSENT 403. Community Development Department Requests That The Commission Approve The Jesup's Landing Townhomes Final Subdivision Plat Revision And Authorize Its Recordation, Subject To Conditions. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 9, 2006 PAGE 7 OF 13 CONSENT 404. Office Of The Mayor Resolution 2006-02 - Of The City Of Winter Springs, Florida, Expressing Appreciation To Mark Queen For His Service On The Board Of Trustees. There was no discussion on this Agenda Item. CONSENT 405. Office Of The Mayor Resolution 2006-03 - Of The City Of Winter Springs, Florida, Expressing Appreciation To Vincent Gianonni For His Service On The Board Of Trustees. No discussion. CONSENT 406. Office Of The Mayor Resolution 2006-04 - Of The City Of Winter Springs, Florida, Expressing Appreciation To Tim Pesut For His Service On The Board Of Trustees. This Agenda Item was not discussed. CONSENT 407. Office Of The City Clerk Requesting Approval Of The December 12, 2005 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 408. Office Of The City Clerk Requesting Approval Of The December 14, 2005 Special City Commission Meeting Minutes. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 9, 2006 PAGE 8 OF 13 CONSENT 409. Office Of The City Manager Requests Authorization To Enter Into Contractual Services With Government Services Group, Inc. (GSG) For The Oak Forest Wall Neighborhood Improvements Assessment Program Thirteen Thousand Five Hundred Dollars ($13,500.00) And The Tuscawilla Lighting And Beautification District Neighborhood Improvements Assessment Program Thirteen Thousand Five Hundred Dollars ($13,500.00) For The Fiscal Year 2005-2006. Additionally, Due To Contractual Service Cost Increases, Supplemental Appropriations Are Requested In The Amount Of $550.00 (Five Hundred Fifty Dollars) From Each Of The Funds 191, 192, 182, And 184. Discussion. CONSENT 410. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. Brief discussion ensued with Ms. Joanne Dalka, Director, Information Services Department. "MOVE TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 9, 2006 PAGE 9 OF 13 INFORMATIONAL 501. Community Development Department Advising The City Commission Of The Status Of Banner Signs In The Town Center. There was no discussion on this Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mayor Bush called a Recess at approximately 7: 37 p. m. The Meeting was called back to Order by Mayor Bush at approximately 7:55 p.m. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, AS DOCUMENTED. .:..:. REGULAR AGENDA REGULAR 300.1 Office Of The City Manager Requesting The City Commission To Approve The Terms Of A Solid Waste Contract With Waste Pro Of Florida, Inc. And To Authorize The City Attorney To Finalize A Contract Incorporating Those Terms. Manager McLemore and Mr. Smith presented their opening remarks and introduced Mr. Charles H. Wilson. Mr. Charles H Wilson, Consultant, RCG Consulting, Inc., 262 NE Suwannee Trail, Mayo, Florida: addressed the City Commission. Mr. Tim Dolan, Division Manager, Waste Pro of Florida, Inc., Post Office Box 6862, Longwood, Florida: spoke on the receptacles and stated, "We have had a very small number in the past, and - it might be a half dozen, dozen - say, a little old lady that - is terrified of the thing and wants to just sit a couple of bags out by the street, on a very limited basis, I have no problem - accommodating somebody in that case, if that is something you all choose to do - it's an established rate and it is an established service, but we're not going to - force folks to do it if that's what you choose not to do." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 9,2006 PAGE 10 OF 13 Commissioner Donald A. Gilmore said, "If we went with the semi-automatic, we would still have the option of that person putting their bag out." Mr. Dolan stated, "Correct. Right." Manager McLemore said to Mr. Dolan, "How long does it take to make a transition and based on our timing, how long would it be before you had them all disbursed?" Mr. Dolan responded by saying, "We've talked to the companies that sell the carts, also that have a service that would deliver them - they have come in and said that - two (2) to four (4) weeks is their estimate on getting all of the containers out. What we would do _ basically as soon as the Contract is ratified, we would go ahead and place the order for the containers and get a schedule set up and that would be part of our literature that goes out to the citizens to let them know - what parts of town we are going to be delivering, and when." On the issue of special pick-ups, Mr. Dolan stated that it would be "A sixty dollar ($60.00) charge to show up, and that would include picking up the first two (2) cubic yards of material that was there, and then it would be a twenty dollars ($20.00) per cubic yard charge for every yard thereafter." Also regarding special pick-ups, Commissioner Gilmore asked about fence sections that are cut up into four foot (4') sections for easy handling, and asked how that would be handled and "What will be your Policy on that?" Mr. Dolan stated, "If it's something that falls within the regulations of being properly - basically stacked at the curbside, then we will go ahead and pick it up as part of a normal pick-up. But the bulk items refer more to the oversized and the excessive." Commissioner Gilmore then spoke of a scenario involving fence panels cut into "Manageable amounts" and asked, "What would be the fee to pick those up?" Mr. Wilson stated, "There really would not be a Fee if you cut it into right lengths and put it out there - there would be no Fee. The only time there would be a Fee is if you don't prepare it for them to get it into the truck without having to cut it up themselves." Commissioner McGinnis asked Mr. Dolan, "How accessible is your Company by telephone?" Mr. Dolan responded, "Our office is in Longwood. I have got a staff of seven (7) people that answers the phones everyday." Mayor Bush spoke of missed pick- ups and asked, "Would we have the same kind of service on a weekend - they miss it on Friday, do we get somebody out on Saturday to pick it up?" Mr. Dolan said, "Yes." Discussion ensued. Tape 2/Side B Further discussion continued. Manager McLemore clarified that "We do terminate the Garbage Fee when the account changes." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 9, 2006 PAGE II OF 13 Regarding the replacement of containers, Mr. Dolan noted, "We're responsible for delivering the containers." Deputy Mayor Blake asked, "So if somebody moves away and they take it with them - another one is provided to the customer?" Mr. Dolan responded, "Correct." REGULAR 300.2 Office Of The City Manager Requesting The City Commission To Establish Customer Rates For Solid Waste Service And To Authorize The City Attorney To Finalize A Rate Resolution Memorializing The Rates Approved By The City Commission. Much discussion. Mayor Bush noted, "We have got two (2) proposals, the Rate Stabilization and the Storm Reserve." Commissioner McGinnis said, "I support the Storm Reserve." Commissioner Gilmore remarked, "I support the Storm Reserve but not the Rate Stabilization." Discussion. Tape 3/Side A Deputy Mayor Blake said, "How can we set a rate not yet knowing what our agreement will end up being with the County?" Manager McLemore stated, "You will have that at your next Meeting." Furthermore, Manager McLemore remarked, "You will have it in your hands by next Meeting, so that you can take care of that, prior to this." With discussion on the proposed terms of the Contract, Mr. Dolan stated, "Would we go into the eight (8) - sure. But like I said, the rates are what the rates are. We'd honor the seven (7) year rate with an eight (8) year, still at a three percent (3%) cap." Deputy Mayor Blake noted, "So what you suggested is that the seven (7) year deal that we discussed, that all we do is change the seven (7) to an eight (8)." Mr. Dolan stated, "Yes." Deputy Mayor Blake continued, "All of the terms remain the same, three percent (3%) cap each year - all the other terms remain the same." Regarding renewal options, Mr. Dolan stated, "Renewal options are generally - they're usually anywhere between three (3) and five (5) years, so a four (4) year would be acceptable." "MY MOTION WOULD BE TO DIRECT THE CITY MANAGER TO ENTER INTO A EIGHT (8) YEAR AGREEMENT WITH A FOUR (4) YEAR OPTION UTILIZING ALL OTHER TERMS AS ORIGINALLY DESCRIBED." MOTION BY DEPUTY MAYOR BLAKE. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 9, 2006 PAGE 12 OF 13 VOTE: COMMISSIONER McGINNIS: NAY DEPUTYMAYORBLAKE: NAY COMMISSIONER GILMORE: NAY MOTION DID NOT CARRY. "I MOVE THAT WE EMPOWER THE CITY MANAGER TO NEGOTIATE A FIVE (5) YEAR CONTRACT, WITH A FOUR (4) YEAR RENEWAL OPTION UPON MUTUAL AGREEMENT." COMMISSIONER GILMORE STATED, "THAT IS - '(2) [OPTION] A', RIGHT?" COMMISSIONER McGINNIS STATED, "YES." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: NAY MOTION DID NOT CARRY. "I WOULD LIKE TO MAKE A MOTION TO ADJOURN." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING REPORTS WERE NOT DISCUSSED DURING THIS MEETING. .:. .:. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire REPORTS 601. Office Of The City Manager - Ronald W. McLemore REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 9, 2006 PAGE 13 OF I3 REPORTS 603. Commission Seat One - Robert S. Miller REPORTS 604. Commission Seat Two/Deputy Mayor - Michael S. Blake REPORTS 605. Commission Seat Three - Donald A. Gilmore REPORTS 606. Commission Seat Four - Sally McGinnis REPORTS 607. Commission Seat Five - Joanne M. Krebs REPORTS 608. Office Of The Mayor - John F. Bush ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 9:56 p.m. RES~ECTFULL Y SUBMITTED: fl_ /_,~ \ 11 \i ~ " lill~ i.1 \"', . _ .__., -:J I.... ,,{: .\ .;:,:~ A~~A-LORENZO-LUACES, CMC ~QITY CLERK (/ APPROVED: ~~I (jt{~ . BUSH R NOTE: These Minutes were ap!lfOved at the January 23, 2006 Regular City Commission Meeting,