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HomeMy WebLinkAbout_2005 12 12 City Commission Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING DECEMBER 12,2005 CALL TO ORDER The Regular Meeting of Monday, December 12, 2005 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). A moment of silence was followed by the Pledge of Allegiance. ROLL CALL: Mayor John F. Bush, present Deputy Mayor Michael S. Blake, arrived at 6:40 p.m. Commissioner Robert S. Miller, present Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, arrived at 6:34 p.m. City Attorney Anthony A. Garganese, present PUBLIC INPUT Mr. Edward Martinez, Jr. 205 Little Creek Lane, Winter Springs, Florida: spoke on Public Input. City Manager Ronald W McLemore arrived at 6:34 p.m. Ms. Angela Massa, 452 Club Drive, Winter Springs, Florida: as the Vice President of Cypress Club in the Highlands, Ms. Massa spoke on a Petition related to the Winter Springs Golf Course. Mr. George Seely, 211 Birch Terrace, Winter Springs, Florida: commented on the Winter Springs Golf Course and proposed developments. Mr. John W Mason, 601 Timberwilde Court, Winter Springs, Florida: representing Winter Springs Babe Ruth Baseball, Mr. Mason addressed Agenda Item "303". Deputy Mayor Michael S. Blake arrived at 6:40 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 12,2005 PAGE 2 OF 23 Mr. Tom Brown, 717 Adidas Road, Winter Springs, Florida: spoke on behalf of the Planning and Zoning Board/Local Planning Agency, and the Visioning process. Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: noted Seminole County figures related to tax increases. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 100. Office Of The City Manager Presentation Of Employee Recognition Awards To City Of Winter Springs Employees. With the assistance of the City Commission, Mayor Bush and Manager McLemore presented Employee Recognition A wards to the following City of Winter Springs Employees: 5 Years Of Service: Mr. Clifton Mullis, Utility Department; Ms. Roseann Prickel, Finance Department; and Mr. Bill Thompson, Information Services Department. 10 Years Of Service: Ms. Tracy Fugate, Police Department; Mr. David Kerr, Utility Department; Mr. Jack Morgan, Police Department; and Mr. Kevin Presley, Police Department. 15 Years Of Service: Mr. Marc Baumgart, Fire Department; and Mr. Matthew Hool, Fire Department. 20 Years Of Service: Mr. Donald Cheney, Utility Department; Mr. Corey Green, Fire Department; Mr. Mike Noland, Police Department; and Ms. Ellen D. Simpson, Police Department. 25 Years Of Service: Mr. Robert E. Dallas, Fire Department; and Mr. David 0 'Brien, Fire Department. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 12,2005 PAGE 3 OF 23 Mayor Bush called a Recess at 6:58 p.m. The Meeting was called back to Order BY Mayor Bush at 7: 12 p.m. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department Presents A Request For A Conditional Use To Allow Multiple Family Dwellings In The C-l (Neighborhood Commercial) Zoning District, Pursuant To Section 20-234. Of The Zoning Chapter Of The City Code Of Ordinances. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced 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. Commissioner Robert S. Miller spoke of Celery Avenue and stated, "I think there is a very serious issue here and I think you and the City Manager need to really think about this and bring it back to us quick. The issue is, I don't think that these properties developed along that stretch there, is going to work and have each one have their own access onto [State Road] 434. I think it is going to become very problematic - real problematic; because it is in an area approaching a major intersection, [State Road] 419. If Celery A venue should be opened up going all to the west - Hayes Road, it also is going to cause a problem in staging because they will be trying to get out into an intersection - into staging lanes where they will probably have less than twenty (20) or thirty feet (30') to the intersection, and it will be all of the traffic that is already - in that subdivision, trying to get out, during the rush hours of coming and going in the mornings. I think there is a way to solve this by thinking about this now. Because it is probably possible to draw out some sort of a concept where all the traffic would - egress onto Hayes Road - that Hayes Road is going to have to probably - have to - move it lighter - where they come onto Hayes Road, it is probably going to have to be further south than where Celery Avenue is right now." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 12,2005 PAGE 4 OF 23 Mr. John A. Bullock, KIA Properties LLC, 817 Pink Camelia Court, Apopka, Florida: stated, "Right now the retail price of these for what we are having - these units is probably around one hundred eighty dollars ($180.00) a square foot." Regarding the size, Mr. Bullock stated, "Eighteen hundred to two thousand (1,800 - 2,000) so that is in the range of three hundred to three hundred forty thousand [dollars] ($300,000.00 - $340,000.00)." Discussion ensued on green space and Cross Access Easements. Tape I/Side B Discussion ensued on the ownership of the property, to which Deputy Mayor Blake said, "I think we need some proof of ownership, since I understand it was a contract purchase deal; but if we are dealing with somebody who does not own the property, then it really makes the question I think, moot at this point in time, until such time the Property Owner makes application." Mr. Bullock stated, "The legal owner of this property is Kia Properties LLC." Deputy Mayor Blake inquired, "When did that transaction close?" Mr. Bullock responded, "Probably about three (3) months ago - four months (4) ago." Mayor Bush said, "I think we need to get a Consensus on Commissioner Miller's original concerns on the road development of Celery Avenue versus State Road 434." Deputy Mayor Blake stated, "I think there are probably three (3) main issues. One is access, whether it be from the south side or the north side - Cross Access Easements, those are issues that need to be dealt with. The second one is a kind of a piecemeal development of that region - that is an intersection area and I think will become even more highly developed in the near future and if we are doing small plots and changing or giving special permission to use different types of Land-Use that is currently approved on one of them, that affects it; and then thirdly, is the question of where do we really stand losing more commercial property to residential?" Next, Deputy Mayor Blake commented, "And this isn't something just for today, we are talking about a very, very long term here; so these are three (3) issues that I think probably Staff might want to do a little bit of work on, and then of course talk to Commissioner Miller on some of those access issues as well." Mayor Bush stated, "Does that cover your access question, Commissioner Miller?" Commissioner Miller said, "It does. " Mayor Bush said, "That is a recommendation on the Consensus for Commissioners Blake and Miller. Do we have the Consensus of the Commission on this?" Commissioner Sally McGinnis remarked, "Yes." No objections were voiced. Mayor Bush then stated, "I think we have Consensus on that. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 12,2005 PAGE 5 OF 23 "MOTION TO TABLE." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER MILLER ADDED, "THAT IS WITH THE THREE (3) POINTS THAT HE BROUGHT UP." DISCUSSION. MAYOR BUSH NOTED, "THE CONSENSUS HAS BEEN APPROVED." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. City Attorney Anthony A. Garganese stated, "If a 'Conditional Use' Application presents significant concerns for the Commission, the Commission can impose safeguards and conditions before that 'Conditional Use' becomes effective. So you can make a decision on the 'Conditional Use', lay down your conditions, and if they meet the conditions at a later date, the 'Conditional Use' becomes effective; ifnot, it's null and void." REGULAR AGENDA REGULAR 300. Community Development Department - City Arborist Recommends The City Commission Consider The Request Of Mr. Earl Roberts Of 975 Wedgewood Drive, To Remove (1) Specimen Tree Located On His Residential Lot. Mr. Mike Mingea, Arborist, Community Development Department introduced this Agenda Item. Mr. Earl Roberts, 975 Wedgewood Drive, Winter Springs, Florida: briefly addressed the City Commission. "MOVE TO APPROVE." MOTION BY DEPUTY MAYOR BLAKE. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 12, 2005 PAGE 6 OF 23 VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 301. Office Of The Mayor Requesting The Commission Reconsider Its Decision To Deny Approval Of Funding For The Early Learning Coalition Of Seminole County. Mayor Bush commented on this Agenda Item. Ms. Karen Willis, Executive Director, Early Learning Coalition of Seminole County, 239 Rhinehart Road, Lake Mary, Florida: addressed the City Commission on this issue. Discussion. Ms. Willis stated, "We would appreciate any support we could get with our State Legislative Delegation." Mayor Bush stated "Yes, 1 think that is something we should take up with the [Florida] League of Cities." Commissioner Joanne M. Krebs noted, "I do too." Mayor Bush added, "Definitely in this coming Legislative Session." "I MOVE THAT WE FUND THE EARLY LEARNING COALITION IN THE AMOUNT OF SEVEN THOUSAND, ONE HUNDRED AND FIFTY DOLLARS ($7,150.00) FOR ONE YEAR - TO END IN THE YEAR [20]'06." MS. WILLIS NOTED, "JUNE [20]'06." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: NAY COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES . CITY COMMISSION REGULAR MEETING - DECEMBER 12,2005 PAGE 7 OF 23 .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA AS DOCUMENTED. .:. .:. REGULAR REGULAR 303. Parks And Recreation Department Requesting That The City Commission Consider Two (2) Approaches In Regards To Youth League Games Being Played On The Central Winds Park Expansion Property. Mr. Chuck Pula, Director, Parks and Recreation Department presented his opemng remarks on this Agenda Item. Mr. George Mason, 601 Timberwilde Court, Winter Springs, Florida: addressed the City Commission on this Agenda Item. Discussion. Tape 2/Side A Much discussion. Commissioner Krebs stated, "I would support a compromise - two (2) Saturdays, but not turning it totally over and until such time - I really think you need to lean on Seminole County too." Mayor Bush said, "I am hearing from the Chair of the County Commission, I am hearing his side of the story so to speak." Mayor Bush added, "Maybe I need to just sit down and talk with him face to face a little bit, so we can get the both sides together..." Manager McLemore said, "... I think that would be a good idea." Mayor Bush then said, "I think the Commission has to decide, do you want to do it or not." Commissioner McGinnis stated, "If we could have Consensus then to ask our City Manager to pursue this one step, take it up a notch." Mayor Bush said, "If they say 'No', then they say 'No', but I think we need to get a formal response from the County Commission. " Deputy Mayor Blake remarked, "We are not addressing the real issue and the real issue ought to be what is the policy of the Commission when it comes to reservation only or team-play versus free-play, and whatever resource we have available, I think the Commission has to set some policy as to what the type of usage will be for that resource." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 12, 2005 PAGE 8 OF 23 Deputy Mayor Blake stated, "I thought one of the keys when we purchased the additional property, when we took it out to the Voters to pay for it was to have fields available for non-structured play?" Furthermore, Deputy Mayor Blake said, "I am willing to ask Staff to go back and re-think it and bring it back to us considering the comments they have heard tonight. It would be nice if we could take care of everybody." Manager McLemore suggested, "If you would give us some direction, then we would go and come back and meet with Baseball and corne back and see if we can corne up with some Policy that you are comfortable with." Commissioner McGinnis stated, "I support that." Commissioner Krebs also said, "I support that too." Manager McLemore restated his previous comment by saying, "It really is the way it is written is to corne back and present to you a formal Policy that you can adopt, relative to the use of the expansion area." Commissioner Donald A. Gilmore added, "One option - that was 'Approach #1' - to corne back with a Policy that limits the expansion fields to practice only. So that is one option. The other option was' Approach # 2', where they would corne back with using it - for practice, except on Saturday's, during the - season when the fields were available for games. And that is the approach I would rather use." Furthermore, Commissioner Gilmore said, "I also believe personally that a lot of people that want to pick up a pick-up game, don't know about Trotwood and some of the other Parks, and I think we need to have signage out there, informing people that there are other facilities available. I would like to see that. And also, I would like to see us not be putting up a lot of fences around these things." Commissioner Gilmore added, "I would not want to put fences up, but I would want to put signs up informing the Public." Manager McLemore commented that "We want to bring you a formal Commission Resolution that sets your Policy." Mayor Bush asked, "Is everybody in agreement with the Manager's recommendation?" Commissioner McGinnis stated, "I agree." Commissioner Krebs remarked, "I agree. " Deputy Mayor Blake explained, "I merely suggested what my concerns were, and suggest - that the Policy we have going forward, that the Policy that we set takes into consideration, not just the organized demand, but also the free demand also." Mayor Bush noted, "I think that Mr. McLemore understands that." Mayor Bush then asked, "Is everybody in agreement?" Commissioner McGinnis said, "Yes." Commissioner Miller noted, "Yes." No objections were voiced. Mayor Bush called a Recess at 9:07 p.m. The Meeting was called back to Order at approximately 9: 17 p. m. Deputy Mayor Blake returned to the Commission Chambers at 9: 18 p. m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 12, 2005 PAGE 9 OF 23 Mayor Bush stated, "I want to get it straight, and I want the Manager to be there to hear it and I want Chuck [Pula] too, and so he can bring back to the Commission exactly what we think the County is doing and thinking and hoping to accomplish. Is everybody in agreement with that?" Commissioner McGinnis stated, "No problem." Mayor Bush then said, "I will ask Ron [McLemore] to contact the Manager - Mr. Henley has to be there. If he is not going to be there, we do not want to meet with them. And Chuck [Pula], if you could attend, and we will try to get - Joe [Gasparini], the Parks and Recreation..." Mr. Pula added, "...Suzie Goldman, either one." Mayor Bush added, "Why don i we ask Chairman Henley to pick who he wants to be there. " REGULAR 302. Office Of The City Manager Requesting The Commission To Review Policy Alternatives Relative To The Temporary Assignment Of Job Duties. Manager McLemore spoke on this Agenda Item. Tape 2/Side B Much discussion. Deputy Mayor Blake stated, "We conveniently shift these extra duties to some of our best and brightest, our most committed employees who just frankly wouldn't come in and say, 'Okay, give me some more money'." Deputy Mayor Blake added, "These are good Employees and these Employees have been willing and I am certain in the future, will be willing to step up and do whatever is necessary to get the job done." Furthermore, Deputy Mayor Blake remarked, "These are folks with initiative. And these are the one we want to work the hardest to keep. And we want to make sure that we work the hardest to let them know that their services are appreciated, and when they go above and beyond as they did for an extended period of time, we are stealing from them, and the City is benefiting - in the short term." Deputy Mayor Blake added, "It is not too late for us to make sure that these Employees are taken care of appropriately for that period of time." Additionally, "In terms of the Manager's compensation in here, I do not think it should be part of this. That is a very different position. And I think what you should do is bring that to us as part of your contract issue in November, when you bring it back to us and then have it considered as part of the overall goals and objectives and accomplishments for the year." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 12,2005 PAGE 10 OF 23 Mayor Bush noted, "There is no question that we have excellent employees, I mean there is absolutely no question that the people who are listed here - Kip [Lockcuff, Director, Public Works/Utility Department] and Tim [Lallathin, Fire Chief] - I mean they deserve much more than what we pay them. I mean I have no question on that at all." Further discussion. "I MAKE A MOTION THAT WE ADOPT OPTION 4., LESS THE CITY MANAGER." MOTION BY DEPUTY MAYOR BLAKE. MAYOR BUSH NOTED, "MOTION BY COMMISSIONER BLAKE TO PAY THE UTILITY /PUBLIC WORKS DIRECTOR, FIVE THOUSAND [DOLLARS] ($5,000.00); THE FIRE CHIEF, FIVE THOUSAND [DOLLARS] ($5,000.00); THE INFORMATION SERVICES DIRECTOR, A FIVE THOUSAND [DOLLAR] ($5,000.00) BONUS." SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER MILLER: NAY DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Regarding a Policy, Deputy Mayor Blake stated, "I would be more inclined to go to 120 or even six (6) months..." Commissioner Krebs stated, "Six (6) months..." Deputy Mayor Blake continued, "... Six (6) months, and after that time frame then however the duties are divided among, whether it be, all to one (1) person or the others, then I think one half of the percentage of the duties should be earmarked for that position. For instance, if there is a position that is not filled, fifty percent (50%) of that salary should be earmarked to whoever is taking over the duties. If two (2) people are splitting it equally, then it is twenty-five percent (25%) to one and twenty-five percent (25%) to the other. . ." Manager McLemore asked, "... What if it is one (1) person?" Brief discussion. Commissioner Gilmore suggested, "I would certainly encourage that as part of the annual review process, each Management position look at a replacement program for that Manager. In other words, has that Manager got a replacement, and be rated on that. Managers should be training his replacement, or her replacement as time goes on." Commissioner McGinnis recommended that "We move on and the City Manager come back with a range of options and we can consider or reject them." Mayor Bush asked, "Is that a Consensus Commissioners, to give the Manager time to bring back some options?" Commissioner Gilmore stated, "Yes." Deputy Mayor Blake remarked, "I would agree in principle as long as he brings it to us by the first Meeting in February. " Mayor Bush asked, "Is that possible for you to do that Ron {McLemore]?" Manager McLemore stated, "It is. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 12,2005 PAGE II OF 23 Manager McLemore then said, "1 will come back with some more examples." Commissioner Krebs nodded. Mayor Bush noted, "The Manager would come back with some other options at the first Meeting in February?" Commissioner Gilmore said, "That is okay with me." Commissioner Gilmore added, "1 would suggest it is relative to Management positions. " Manager McLemore noted, "Senior Management." Commissioner McGinnis said, "1 agree. " Mayor Bush said, "We have Consensus then -first Meeting in February. " REGULAR 304. Office Of The City Manager - General Services Department Providing The City Commission With Recommended Changes To The City's Holiday Schedule. Mr. Kevin Smith, Director, General Services Department addressed the City Commission on this Agenda Item. Discussion. Tape 3/Side A Further discussion. "I MOVE THAT WE ADOPT THE ST ATE OF FLORIDA HOLIDAY SCHEDULE." COMMISSIONER McGINNIS ADDED, "OF TEN (10) HOLIDAYS..." DEPUTY MAYOR BLAKE REMARKED, "...ONE OF WHICH IS FLOATING." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. MANAGER McLEMORE INQUIRED, "HOW DOES THAT AFFECT THE ISSUE WE WERE JUST TALKING ABOUT A MOMENT AGO - WHEN CHRISTMAS FALLS ON A TUESDAY?" DEPUTY MAYOR BLAKE SAID, "THE FLOATING HOLIDAY TAKES CARE OF THAT." MANAGER McLEMORE ADDED, "SO THAT WOULD COME OUT OF THE POLICY." REGARDING AN EFFECTIVE DATE, "I HAD RECOMMENDED 1/1..." MANAGER McLEMORE STATED, "...WE HAVE TO DEAL WITH THE UNION ON THIS ISSUE." COMMISSIONER McGINNIS ADDED, "UPON RATIFICATION OF THE UNION." FURTHER DISCUSSION ENSUED WITH FIRE CHIEF TIM LALLATHIN. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 12,2005 PAGE 12 OF 23 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 305. Office Of The City Clerk Requesting The City Commission To Review The Information In This Agenda Item Regarding Upcoming Appointments/Reappointments To The Board Of Trustees, For Seat One, Seat Two, Seat Three, Seat Four, And Seat Five. Each Seat Is Scheduled To Expire In January Of The Year 2006; And The City Commission Is Being Requested To Make Appointments To This Advisory Board At This City Commission Meeting. Deputy Mayor Blake stated, "When we discussed this previously, 1 mentioned that there are some fairly weighty issues involved with serving as a Trustee, especially a Defined Benefits Plan." Deputy Mayor Blake said, "Have we done any work on that Ron [McLemore], in terms of an educational program to assist the Trustees - also a way for them to understand what their fiduciary responsibilities and liability is for serving?" Next, Deputy Mayor Blake mentioned that the Florida League of Cities - has "An educational program that might be very appropriate for the new Board to go through very early, right up front." Deputy Mayor Blake added, "1 think it needs to occur and 1 think it needs to be someone other than one of our current providers." DEPUTY MAYOR BLAKE STATED, "I WOULD LIKE TO APPOINT MARK SARDO." MOTION. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 12,2005 PAGE 13 OF 23 COMMISSIONER MILLER REMARKED, "I WOULD LIKE TO APPOINT MR. ROBERT NIPPES." MOTION. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. COMMISSIONER McGINNIS STATED, "I WOULD LIKE REAPPOINT VERN ROZELLE." MOTION. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. COMMISSIONER GILMORE REMARKED, "I WOULD LIKE TO APPOINT BYRON GILTZ." MOTION. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. COMMISSIONER KREBS NOTED, "I WOULD LIKE TO APPOINT GUY DeMAIO." MOTION. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 12,2005 PAGE 14 OF 23 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 306. Office Of The City Clerk Requests That The City Commission Consider Nominating The Next Deputy Mayor As Stipulated In The Charter Of The City Of Winter Springs, Consistent With Actions In The Past. "I WOULD LIKE TO NOMINATE MICHAEL BLAKE TO SERVE AGAIN - HE HAS BEEN A VERY EFFECTIVE VICE MAYOR." MOTION COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Discussion for the Record ensued on the Deputy Mayor's parking space. REGULAR 307. Office Of The City Attorney Requests The City Commission Consider And Adopt Resolution Number 2005-48 - Conservation Easement. Attorney Garganese and Mr. Lockcuff presented openmg comments related to this Agenda Item. Mayor Bush noted, "By the way, on that letter, I have not made any phone calls there. I wanted to bring that to the Commission to look at. It says, you will be expecting a call from me - I have not made any of those calls." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 12,2005 PAGE 15 OF 23 "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. DEPUTY MAYOR BLAKE REMARKED, "AND THERE IS NOTHING IN THIS RESOLUTION THAT WOULD PRECLUDE THIS OR SOME FUTURE COMMISSION FROM CHANGING THAT POSITION? IS THAT CORRECT?" ATTORNEY GARGANESE RESPONDED, "CORRECT." DEPUTY MAYOR BLAKE THEN INQUIRED, "IS THERE ANYTHING IN THE CONSERVATION EASEMENT DOCUMENTS, EITHER FROM THE ORIGINAL VERSION BACK IN 1984, OR AS IT WAS AMENDED IN 1998 THAT WOULD PROHIBIT THIS OR SOME FUTURE COMMISSION FROM ALTERING THE CITY'S RIGHTS IN THAT EASEMENT?" ATTORNEY GARGANESE SAID, "NO." VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 400. Parks And Recreation Department Requesting The City Commission Declare The Senior Center Kiln Number 301146 Surplus To The Needs Of The City And Authorize Its Donation To Winter Springs High School. Discussion. CONSENT 401. Office Of The City Clerk Requesting Approval Of The November 28, 2005 Regular City Commission Meeting Minutes. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 12,2005 PAGE 16 OF 23 CONSENT 402. Office Of The City Manager ADD-ON Requesting That The City Commission Consider And Approve The Submittal Of Resolution Number 2005-49 In Support Of Important Policy Issues, As Requested By The Florida League Of Cities. There was no discussion on this Agenda Item. "MOTION TO APPROVE THE CONSENT AGENDA." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. "I WOULD LIKE TO AMEND THE MOTION THAT WE SAVE THE KILN AND SEE IF WE CAN'T PUT IT TO SOME USE." AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. "I WOULD LIKE TO MAKE A SUBSTITUTE MOTION TO APPROVE THE CONSENT AGENDA." SUBSTITUTE MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER MILLER MADE AN AMENDMENT "THAT WE ASK THE SENIOR CITIZEN'S CENTER TO HOLD ONTO IT FOR SIX (6) MONTH'S WHILE WE - HAVE SUSIE [COFFMAN] LOOK INTO THE POSSIBILITY OF- FINDING SOMEONE THAT MIGHT BE COMPETENT TO TEACH A CLASS." AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MR. PULA STATED, "I WOULD BE GLAD TO GET WITH THE HIGH SCHOOL AND SEE IF THEY WOULD BE WILLING TO EVEN OFFER A CLASS FOR THE COMMUNITY THAT THE PUBLIC COULD GO THERE AND ATTEND, TO USE THE KILN, IF THERE IS ANY INTEREST." MANAGER McLEMORE SAID, "YOU COULD MAKE IT PART OF THE DEAL." VOTE: (ON THE AMENDMENT) COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: NAY MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 12,2005 PAGE 170F23 VOTE: (ON THE SUBSTITUTE MOTION, AS AMENDED) COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: NAY COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. This Agenda Item was not discussed. INFORMATIONAL 501. Finance Department Wishes To Notify The Commission Of The 2006 Calendar Year Standard Mileage Rate Of 44.5 Cents Per Business Mile. No discussion. "MOTION TO APPROVE [INFORMATIONAL AGENDA]." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 12,2005 PAGE 18 OF 23 REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore stated that regarding the Oviedo Interlocal Government discussion issue he has met with their City Manager and "We are talking about a date in February that we need to lock down." Manager McLemore then mentioned that "They will not be going forward with adoption of their new JP A (Joint Planning Agreement) with the County, until sometime in the Spring - April was the date that was talked about." Manager McLemore then mentioned that regarding the "Joint use of Jetta Point, they are not going to be prepared to go forward on that discussion for probably nine (9) months." Next, Manager McLemore spoke of a discussion he had with Kevin Grace on funding for a possible Library and the results of an opinion poll. Tape 3/Side B Lastly, Manager McLemore spoke of a complaint against a Member of the City's Planning and Zoning Board/Local Planning Agency. With discussion on this issue, Attorney Garganese stated, "In those types of proceedings where you are dealing with property interests, the Commissioners and the Planning and Zoning Board need to be impartial. They need to hear the evidence that is presented and make a decision based on the evidence that is presented; not come to the Meeting ahead of time deciding how they are going to Vote on a matter. That's inappropriate behavior for a Board that has to make Land-Use decisions, regardless ifit is legislative or quasi-judicial in nature." Further discussion. Commissioner Miller suggested, "I would like to make a suggestion that all of us get a copy of the tape and listen to the tape." Commissioner Miller added, "I am not willing to support doing anything about this tonight until I have more information." Commissioner Miller then said, "Andrea [Lorenzo-Luaces, City Clerk] can make copies of the tape and just put it in my box." Deputy Mayor Blake stated, "I would appreciate a copy of only the time around this segment of the tape. I don't need the entire Meeting." With further discussion, Deputy Mayor Blake suggested, "Also, I think we should look at how we train the good people of Winter Springs that we appoint to these Boards, in terms of doing their job." Furthermore, Deputy Mayor Blake said, "We need training too; so do our Board Members. " With discussion on when to handle this issue, Manager McLemore suggested, "Wednesday night? Sure." Mayor Bush noted, "We are meeting at 6:30 [p.m.J on the 1 ih [Of December 2005J - if we would start that at six 0 'clock..." Deputy Mayor Blake said, "...Special Meeting." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 12,2005 PAGE 19 OF 23 Mayor Bush then said, "Everybody in agreement - Wednesday, 6:00 p.m., we will have a Special Meeting to address this issue." Commissioner Krebs said, "That is fine. " Commissioner McGinnis stated, "Good." No objections were noted. Attorney Garganese asked, "Do you want to invite the Board Member to that Meeting?" Deputy Mayor Blake stated, "I don i' know about inviting, but I think that they certainly should be alerted that this item will be on the Agenda. " Mayor Bush said, "Andrea [Lorenzo-Luaces], will you please make sure that this Board is aware of the Special Meeting?" City Clerk Lorenzo-Luaces nodded. Commissioner McGinnis then asked, "Will we have a copy of the Attorney's letter again, that night?" Mayor Bush said, "Yes, Andrea [Lorenzo-Luaces] - you will make sure that we get a copy of the letter?" City Clerk Lorenzo-Luaces acknowledged this. REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Lorenzo-Luaces stated, "At your last Meeting, you asked me to do something with the 'Consensus' in the Minutes. I took the liberty of making some small changes to your Minutes. All the items that have the Commission's 'Consensus' are in Italics and Bold; so it is different than the Motions and it is different than the normal other discussion." Commissioner McGinnis stated, "I like it." Deputy Mayor Blake said, "I think it is good." As no objections were noted, Mayor Bush said, "Everybody is satisfied as far as I can see." "MOTION TO EXTEND." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REPORT WAS DISCUSSED AGAIN NEXT, AS DOCUMENTED. .:..:. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 12,2005 PAGE 20 OF 23 REPORTS REPORTS 601. Office Of The City Manager - Ronald W. McLemore Deputy Mayor Blake mentioned, "On the last item, for the Special - Meeting, I just asked the Manager about notifying the Attorney for the Applicant as well, who made the Complaint, it might be appropriate for them to be notified that this is on the Agenda." Commissioner McGinnis commented, "Yes." Mayor Bush added, "Yes." REPORTS 603. Office Of The Mayor - John F. Bush A. How To Achieve Compliance With Section 16-26. Of Our City's Code Of Ordinances. Discussion ensued with Captain Glenn Tolleson, Police Department who addressed this issue of solicitation and related permits. In other City business, Mayor Bush stated, "Through the Envision Seminole, I have been involved in the development of a County-wide assessment of the quality of life in Seminole County." Mayor Bush added, that he was "Informing the Commission that our City will need to appropriate three thousand dollars ($3,000.00) to this effort. Cities of Lake Mary and Longwood have already contributed. I have available funds in the Mayor's promotional budget to cover this cost. I believe this instrument and the results will give our Commission a baseline on the quality of life in our City." REPORTS 604. Commission Seat One - Robert S. Miller Commissioner Miller spoke of recent General Reserve Funds expended. REPORTS 60S. Commission Seat TwolDeputy Mayor - Michael S. Blake Deputy Mayor Blake stated, "We own about an acre and a half or so out on [State Road] 434 and I had asked a question about whether or not the use for the City is actually restricted to a Fire Station." With further discussion, Deputy Mayor Blake asked, "Have we determined that we really do not need this parcel for a Fire Station, that the appropriate location is here at City Hall?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 12,2005 PAGE 21 OF 23 Manager McLemore stated, "That's pretty much the determination. Do you want to formalize that and agenda it?" Deputy Mayor Blake then said, "I just think we need to get on with it because if that is the case, then there is significant value in that parcel that could be used to offset a huge chunk 1 think, of the cost - the capital cost for the new third Fire Station. Secondly, we agreed previously to take a careful look at a couple of the parcels that we own, where the current Utility operations are, and that we have had Appraisals done, and we were going to decide what we were going to do with those properties, and specifically we had agreed to look at utilizing some of that value to offset the cost of the new utility operation?" Deputy Mayor Blake added, "I think it is time that we focus on some of these issues, and some of the properties that the City owns that either are currently or will be in the near future surplus properties, that we have a large degree of investment stored there and we need to turn those over into operating areas." With discussion, Deputy Mayor Blake noted, "What about the other properties - for instance, where the current Utility operation, Public Works operations is located, as well as the storage lot, 1 will call it, that is across the street, and the houses..." Manager McLemore said, "...1 don't know why we couldn't bring those forward." Manager McLemore added, "That 1 think we can bring to you." Deputy Mayor Blake noted, "I would like to see Agenda Items on both of those." REPORTS 606. Commission Seat Three - Donald A. Gilmore Discussion ensued on the Winter Springs Golf Course, density, developments and Visioning. Tape 4/Side A Further discussion. REPORTS 607. Commission Seat Four - Sally McGinnis On the issue of the Winter Springs Golf Course, Commissioner McGinnis asked how this process should continue. Discussion ensued on a possible Feasibility Study. Manager McLemore stated, "Just related to the accusation that I have been negotiating with Developers to develop the Golf Course, that nonsense." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 12,2005 PAGE 22 OF 23 "MOTION TO EXTEND." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. "I MOVE THAT WE MOVE AHEAD WITH THE BIDS FOR A FEASIBILITY STUDY." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: NAY COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Commissioner McGinnis wished everyone "Happy Holidays." REPORTS 608. Commission Seat Five - Joanne M. Krebs Commissioner Krebs brought up the issue of parking on our streets during the holidays. Discussion. Next, Commissioner Krebs asked about the Policy on Banners and said, "I am specifically talking about the wine restaurant - Christiano's." Glenn Tolleson stated, "I know 'Going Postal' didn't have one." Commissioner Krebs then asked, "If you do have a banner, how long can you have it hanging?" Mr. Scott Dye, Customer Service Manager, Community Development Department addressed the City Commission on Banners and stated, "As far as Christiano's, I don't know if there is a special Agreement in the Town Center or anything like that, as far as Christiano's goes." Commissioner Krebs stated, "If Christiano's is allowed to do it, then what is to prevent Subway, or anybody else out there or Bamie's or Cold Slab." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 12,2005 PAGE 23 OF 23 Commissioner Krebs added, "I have seen it for a very long time." Mr. Dye stated, "I don't know the answer to your question, but I will find out." Commissioner Krebs then said, "So, if it is not allowed, it won't be up, they will be asked to take it down, right?" Next, Commissioner Krebs mentioned the Trail Overpass - and explained, "When you go over the Overpass, then suddenly it is being a very difficult to stop because you can't make the turn, and as great as it is, there is no warning - people just don't know." Commissioner Krebs then suggested, "Isn't there some type of sign we could put just temporary or..." Mayor Bush said, "...I think we should ask the County Commission to put a sign up..." Manager McLemore stated, "...We will." Mayor Bush added, "I think the Manager should contact the County Manager." With further discussion, Mayor Bush noted, "I think the - Manager should contact the County - they should come up with some appropriate signage." Discussion. Commissioner Krebs mentioned, "I will be absent the first Meeting in January. I would ask that if you have any issues on parking, that if you could postpone them until I get back. I really am interested in that." Next, Commissioner Krebs further commented on the 'Kiln' issue and suggested that "We need to focus some of our recreation to the Arts - and that would be Cultural Arts also." Mayor Bush said, "Maybe that is something Chuck [Pula] could put in a special request for." ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 12:18 a.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MA YOR NOTE: These Minutes were approved at the , 2006 Regular City Commission Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 12,2005 PAGE 23 OF 23 Commissioner Krebs added, "I have seen it for a very long time." Mr. Dye stated, "I don't know the answer to your question, but I will find out." Commissioner Krebs then said, "So, if it is not allowed, it won't be up, they will be asked to take it down, right?" Next, Commissioner Krebs mentioned the Trail Overpass - and explained, "When you go over the Overpass, then suddenly it is being a very difficult to stop because you can't make the turn, and as great as it is, there is no warning - people just don't know." Commissioner Krebs then suggested, "Isn't there some type of sign we could put just temporary or..." Mayor Bush said, "... I think we should ask the County Commission to put a sign up.. ." Manager McLemore stated, ".. . We will." Mayor Bush added, "I think the Manager should contact the County Manager." With further discussion, Mayor Bush noted, "I think the - Manager should contact the County - they should come up with some appropriate signage." Discussion. Commissioner Krebs mentioned, "I will be absent the first Meeting in January. I would ask that if you have any issues on parking, that if you could postpone them until I get back. I really am interested in that." Next, Commissioner Krebs further commented on the 'Kiln' issue and suggested that "We need to focus some of our recreation to the Arts - and that would be Cultural Arts also." Mayor Bush said, "Maybe that is something Chuck [Pula] could put in a special request for." ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 12: 18 a.m. RESPECTFULL Y SUBMITTED: 11 APPROVED: ~7.-~ F. BUSH AYOR NOTE: These Minutes were approved at the January 9, 2006 Regular City Commission Meeting.