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HomeMy WebLinkAbout2010 01 25 Consent 205 Approval of the City Commission Regular Meeting Minutes of 01/11/2010 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JANUARY 11, 2010 CALL TO ORDER The Regular Meeting of Monday, January 11, 2010 of the City Commission was called to Order by Mayor John F. Bush at 6:15 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 Rick Brown, present Commissioner Jean Hovey, present Commissioner Gary Bonner, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, absent City Manager Kevin L. Smith, absent Public Works/Utility Department Director Kip Lockcuff, present City Attorney Anthony A. Garganese, present Under Agenda Changes, Mayor Bush stated, "I am going to ask that we consider the request by the Census Bureau to use our facility as was discussed in the Workshop." "MOTION TO APPROVE THAT REQUEST." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MAYOR BUSH SUMMARIZED, "MOTION TO APPROVE THE REQUEST BY THE CENSUS BUREAU." MAYOR BUSH SAID TO CITY ATTORNEY ANTHONY A. GARGANESE, "DO WE NEED TO CONTRACT WITH THEM ON THIS ATTORNEY GARGANESE RECOMMENDED ENTERING INTO A CONTRACT. ADDITIONALLY, MAYOR BUSH SAID TO MR. KUNKLE, "YOU NEED TO WORK WITH THE ATTORNEY ON THE CONTRACT." VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JANUARY 11, 2010 PAGE 2 OF 14 INFORMATIONAL AGENDA u 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning 'raw Projects. There was no discussion on this Agenda Item. INFORMATIONAL 101. Parks And Recreation Department Notifying The City Commission Of The Departments And FLOP (Friends Of Leash Optional Parks) Intent To Schedule The Official Grand Opening Of The Winter Springs Permanent Hound Ground (Dog Park). No discussion. INFORMATIONAL 102. Parks And Recreation Department Requests That The City Commission Review The Programs And Activities That Are Conducted At The Winter Springs Senior Center. This Agenda Item was not discussed. "MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JANUARY 11, 2010 PAGE 3 OF 14 CONSENT AGENDA Z CONSENT 200. Community Development Department Urban Beautification Services Division w Requesting Authorization For The City Manager To Enter Into A Contract Agreement With Highlands Homeowner's Association, Inc., For The Upgrade Of Sixty -Two (62) Standard Street Lights With Sixty -Two (62) Decorative Street Lights In The Highlands Subdivision. This Agenda Item was not discussed. CONSENT 201. Community Development Department Urban Beautification Services Division Requesting Authorization To Decrease The City Standard Street Light Base Rate From $14.24 To $14.02 Per Month Pursuant To A Revised Rate Schedule From Progress Energy, Effective January 1, 2010. The Revised Rate Represents A Reduction Of .22 Per Street Light As Compared To The Previous Rate. No discussion. CONSENT 202. Public Works Department Requesting Authorization To Enter Into A Contractual Agreement With Central Florida Environmental Corporation For Construction Of The Ranchlands Roadway Improvements Phase I (ITB #003- 10 -BF). There was no discussion on this Agenda Item. CONSENT 203. Public Works Department Requesting Authorization To Enter Into A Contractual Agreement With Wal -Rose, Inc. For Construction Of The Solary Canal Regional Stormwater Treatment Area (ITB #010- 09 -BF). This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JANUARY 11, 2010 PAGE 4 OF 14 CONSENT 204. Public Works Department Stormwater Division Requests City Commission Authorization To Piggyback Off Orange County ra Contract No. (Number) Y8- 117 -J2 With Reynolds Inliner, LLC To Perform I Stormwater Piping Repairs At The Oak Forest Lake Outfall., No discussion. CONSENT 205. Community Development Department Urban Beautification Services Division Requesting The City Commission Approve Resolution No. (Number) 2010 -03, Authorizing Staff To Submit Grant Applications For Forestry Projects Under The 2009 American Recovery And Reinvestment Act (ARRA) Funding Program. There was no discussion on this Agenda Item. CONSENT 206. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. This Agenda Item was not discussed. CONSENT 207. Office Of The City Clerk Requesting Approval Of The December 14, 2009 City Commission Regular Meeting Minutes. No discussion. CONSENT 208. Office Of The City Clerk Requesting Approval Of The December 17, 2009 "Meeting Between Mayor John F. Bush And Deputy Mayor Rick Brown With A Potential New Winter Springs Business Owner" Summary. There was no discussion on this Agenda Item. "MOTION TO APPROVE" (CONSENT AGENDA). MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JANUARY 11, 2010 PAGE 5 OF 14 VOTE: DEPUTY MAYOR BROWN: AYE ^m COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Brief discussion. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. REPORTS REPORTS 400. Office Of The City Attorney Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese advised the City Commission that the Anderson Coach Works v. City of Winter Springs lawsuit had been Voluntary Dismissed with Prejudice. Continuing, Attorney Garganese noted that that the Tennis Court issue related to Tuscawilla Greens, as well as the Town Center Phase II matter would both be coming to the City Commission at the next City Commission Regular Meeting, REPORTS 401. Office Of The City Manager Kevin L. Smith Mr. Kip Lockcuff, Public Works/Utility Depailulent Director stated, "No Report." REPORTS 402. Office Of The City Clerk Andrea Lorenzo Luaces, MMC City Clerk Andrea Lorenzo Luaces asked for clarification on Public Input at Workshops. Commissioner Sally McGinnis stated, "I would recommend that we not do it during our Workshops" [related to Regular Meetings]. Mayor Bush recommended, "Why don't you leave it up to the Commission if there is some item..." Commissioner McGinnis added, "...Mitigating circumstances Mayor Bush continued, "If the majority of the Commissioners want to hear, we would let them talk." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JANUARY 11, 2010 PAGE 6 OF 14 Further, Mayor Bush suggested, "In light of that, then we would not publish Public Input on the Workshop notification, but it is understood that if the Commission decides to take 'T it, they can." Commissioner McGinnis added, "That is good." No objections were y g objections voiced. With further comments, Mayor Bush clarified that Public Input would not be on the new 5:15 p.m. Workshops held prior to Regular Meetings. Additionally, Mayor Bush noted, "The Commission can always take Public Input if they wanted to." REPORTS 403. Office Of The Mayor John F. Bush 0 No Report. REPORTS 404. Commission Seat One Jean Hovey Commissioner Jean Hovey mentioned that the League of Women Voters and the Seminole County PTA (Parent- Teachers Association) and the Education Association at Winter Springs High School will be meeting this Wednesday at seven o'clock to discuss the education legislative priorities for Seminole County Public Schools; and also to be discussed is the One Cent Sales Tax. REPORTS 405. Commission Seat Two /Deputy Mayor Rick Brown Deputy Mayor Rick Brown mentioned his attendance at last week's Council of Local Governments in Seminole County (CALNO) meeting and said that he had filed his notes from that meeting with the City Clerk. REPORTS 406. Commission Seat Three Gary Bonner No Report. REPORTS 407. Commission Seat Four Sally McGinnis Commissioner McGinnis asked how long the Workshops prior to Regular Meetings will be held? Mayor Bush explained, "It is there until you decide to do away with it." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JANUARY II, 2010 PAGE 7 OF 14 REPORTS 408. Commission Seat Five Joanne M. Krebs Absent. PUBLIC INPUT Mr. Gary Brook, 1631 Wood Duck Drive, Winter Springs, Florida: commented on the Tuscawilla Homeowners Association's request to install a flag and noted that he had chaired a Committee related to this proposal. With further comments, it was agreed that Mr. Brook could offer additional input during the discussion of the Regular Agenda Item. Ms. Isabelle Laub, 1372 Blue Spruce Court, Winter Springs, Florida: representing the Senior Center Board of Directors, Ms. Laub commented on a cost of six hundred dollars ($600.00) for the Certification of two (2) Therapy Pool volunteers and asked if the City could reimburse them for this expenditure. Ms. Laub also commented on a new program to collect clean (new /used) coats for needy children in schools local school children; and asked that interested individuals bring donations to the Senior Center. Ms. Laub also noted that cash donations were being accepted. Discussion followed on the six hundred dollars ($600.00) for the Certification of two (2) Therapy Pool volunteers, and that there is not a "Volunteers" Policy currently in place. Deputy Mayor Brown suggested a Policy be put in place and Attorney Garganese noted that he was working on a comprehensive Policy. With further comments, Commissioner Bonner said to Attorney Garganese that he hoped such a Policy would cover all Departments. It was discussed that this Policy would come before the City Commission in late February or early March. Commissioner Bonner added, "I don't know if the Seniors can wait this long, but if we Certified the Policy depending on whatever was presented to us, and we agreed as a Commission to fund such things, I would certainly be delighted to entertain a retroactive reimbursement to any Volunteers that have been Certified during this time frame, whatever that time frame is." Commissioner Bonner then suggested that Staff see who else needed to possibly be included "To treat everybody fairly Commissioner Bonner added, "If the Senior organization can wait until the Policy gets in place, another thirty (30), forty -five (45) days, we may be able to have some good news for you at that time." Ms. Laub stated, "No problem." Deputy Mayor Brown said to Ms. Laub, "I was going to make a Motion my recommendation, but if you are willing to wait, then that is fine as well." Ms. Laub remarked, "Perfectly fine." No objections were noted. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JANUARY 11, 2010 PAGE 8 OF 14 Mr. Arsenio Calle, 110 Arrowhead Court, Winter Springs, Florida: spoke of a recent tour of the City's Water facilities that Mr. Lockcuff had given him. Mr. Calle also commented on the Water Rate Study, Potable Water, Reclaimed Water, and questioned projected growth. In other City business, Mayor Bush then brought up the emails that Commissioner Joanne M. Krebs had sent to the City Clerk and that were mentioned during the earlier Workshop, related to the Charter Review Committee, Appointments; and asked the City Commission whether those running for Elected Office should be able to serve on the Charter Review Committee. Commissioner McGinnis and Deputy Mayor Brown commented on how it might be difficult to know who might be running for Office and various related scenarios. Mayor Bush said to the City Commission, "Everybody in agreement that is not an issue..." Commissioner McGinnis stated, "...Yes." Mayor Bush clarified, "In other words, you can Appoint a person who is running for Office if you so choose; and we will wait until all the Commissioners are here, before those Appointments are made." Commissioner Bonner stated, "Agreed." No objections were voiced. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department Planning Division Requests That The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2009 -15, Amending The Comprehensive Plan To Incorporate Revisions And The Annual Update To The Capital Improvement Element (CIE) Required By Rule 9J -5.016 FAC (Florida Administrative Code) And Chapter 163, Part II, F.S. (Florida Statutes). City Attorney Anthony A. Garganese read the Ordinance by "Title" only. 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 ON SECOND READING." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JANUARY 11, 2010 PAGE 9 OF 14 VOTE: COMMISSIONER BONNER: AYE r„ COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE TM. MOTION CARRIED. A t REGULAR AGENDA REGULAR 600. Community Development Department Requests The City Commission Consider A Request From The Tuscawilla Home Owners (Homeowners) Association (THOA) To Donate An Amount Not To Exceed $6,000.00 For The Installation Of Three (3) Benches Within The Tuscawilla Subdivision. Mr. Steve Richart, Urban Beautification Services Division, Community Development Department spoke on this Agenda Item. Discussion. Ms. Pamela Carroll, President of the Tuscawilla Homeowners Association explained that this offer was similar to a previous donation of picnic tables and park benches placed in Sam Smith Park. Ms. Carroll was then asked if the Tuscawilla Homeowners Association would be writing a check for six thousand dollars ($6,000.00) for the benches? Additionally, Ms. Carroll stated, "No. We have the costs and we need to update the costs to get them absolutely current but Steven's (Richart) estimate based on Ted Johnson and Don Gilmore's research is about three thousand [dollars] but we said we'd do up to a total of six thousand dollars ($6,000.00) to accomplish this, not to have an Escrow allowance." Commissioner Bonner then asked, "So, there is no Maintenance Fund Ms. Carroll stated, "Correct." Much discussion followed on the maintenance of City property; lifespan of such benches; and that if such benches did break at some point, then perhaps they would not be replaced. Mayor Bush then inquired if this could be part of the Tuscawilla Lighting and Beautification District. Deputy Mayor Brown suggested the benches be installed and maintained by the Tuscawilla Homeowners Association with an approved City Contract. Ms. Carroll noted she would need to discuss this with her Board. "MOTION TO DENY." MOTION BY COMMISSIONER McGINNIS. MOTION DIED FOR LACK OF A SECOND. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JANUARY 11, 2010 PAGE 10 OF 14 "MOTION TO APPROVE." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BONNER. DISCUSSION. DISCUSSION FOLLOWED ON THE ISSUE OF THE CITY BEING `�;n RESPONSIBLE IN PERPETUITY. ATTORNEY GARGANESE REMARKED, IF THE CITY COMMISSION JUST WANTS TO ACCEPT THIS OFFER AS A STANDARD DONATION THEN SIMPLY THE CITY WOULD ACCEPT THE DONATION. THEY WOULD GET THE BENCHES, HAVE THEM INSTALLED AND THE CITY OWNS THEM. IT IS A DONATION." ATTORNEY GARGANESE ALSO NOTED, "IF THE THOA (TUSCAWILLA HOMEOWNERS ASSOCIATION) WOULD BE RESPONSIBLE FOR MAINTENANCE FOR THESE BENCHES THEN WE WOULD NEED TO DO SOME SORT OF AN AGREEMENT." FURTHERMORE, ATTORNEY GARGANESE COMMENTED, "ONCE WE ACCEPT THE DONATION, THEY ARE THE CITY'S THOA (TUSCAWILLA HOMEOWNERS ASSOCIATION) HAS NO FURTHER SAY IN THE MATTER BECAUSE THEY DONATED THEM TO THE CITY; THE CITY CONTROLS THE MAINTENANCE, CONTROLS HOW LONG THEY ARE GOING TO STAY THERE. IF THEY BECOME A PUBLIC NUISANCE, THEN THE CITY TAKES THEM OUT." ADDITIONALLY, ATTORNEY GARGANESE SUGGESTED TO THE CITY COMMISSION, "WHY DON'T YOU TELL US WHAT YOU WANT IF YOU WANT TO ACCEPT THEM AS A PURE DONATION, THEN WE'LL MAKE THAT CLEAR IN THE RECORD." COMMISSIONER BONNER NOTED, "I WILL CLARIFY WHAT I NEED IN ORDER TO SUPPORT THIS IT IS A PURE DONATION AND ONCE THE OWNERSHIP OF THESE BENCHES PASSES TO THE CITY, THE CITY CAN DO WITH THEM, WHATEVER THEY THINK NEEDS TO BE DONE ON BEHALF OF PUBLIC SAFETY AND WELFARE, ETC.," EVEN IF THAT INCLUDED REMOVING THEM. Tape 1 /Side B COMMISSIONER BONNER ADDED, "I AM NOT LOOKING FOR A PERPETUITY MAINTENANCE AGREEMENT." DISCUSSION FOLLOWED ON POSSIBLE LIABILITY ISSUES. Commissioner Bonner stated "Point Of Order" and commented on the Motion on the floor. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JANUARY 11, 2010 PAGE 11 OF 14 "I WILL MOTION TO TABLE THIS ITEM." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. it VOTE: r te DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE z MOTION CARRIED. Mayor Bush then suggested, "I think the instructions would be to get with the Attorney to incorporate the discussion that the Commission has had on this. REGULAR 601. Community Development Department Requests The City Commission Consider A Request From The Tuscawilla Home Owners (Homeowners) Association For Permission To Install An American Flag And Flag Pole In A Roadway Median At The Rear Entrance To The Tuscawilla Subdivision On Winter Springs Boulevard. Mr. Richart introduced this Agenda Item for discussion. Mr. Gary Brook, 1631 Wood Duck Drive, Winter Springs, Florida: commented on the results of a survey that went to Tuscawilla Homeowner's Association residents related to the proposed flagpole. Discussion followed on flag protocol and the maintenance of the flagpoles in the City. Deputy Mayor Brown noted, "So, we are expending manpower and man -time out of City funds that we weren't aware of as a Commission, to maintain a flagpole that is private property by Agreement. I wonder how that works Steve (Richart)? How did we end up in that position because I don't think that was in the Agreement Mr. Richart responded, "I would have to read the Agreement, but I am pretty sure that there is language that would support that." Further comments continued on flag protocol, and maintenance. Commissioner Bonner inquired whether the residents located near the new proposed flagpole were agreeable to this potential installation. Mr. Brook stated, "I do know that there was a discussion with the Homeowner's (Association) President of that subdivision right there and he said that he was in favor of that. Now, I do not know if he represented the entire organization or not." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING— JANUARY 11, 2010 PAGE 12 OF 14 "MOTION TO APPROVE." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. rzaQ VOTE: COMMISSIONER McGINNIS: AYE': Lecia DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. With further brief comments, Mayor Bush suggested, "Why not have an Escrow Account for the benches." Commissioner McGinnis added, "Good idea." REGULAR 602. Public Works Department Requesting City Commission Consider Options For Improving Access From S.R. (State Road) 434 To Sunoco And Papa Tony's. Mr. Brian Fields, P.E., City Engineer, Public Works Depaitinent began the discussion on this Agenda Item and reviewed the options. Discussion included timelines, accident data, possible median modifications, and the affected businesses. Commissioner Bonner suggested, "Maybe before we would Vote to spend money, maybe we need to bring the parties together." Commissioner Bonner also suggested the Hayes Road Plaza Owner also be included as he would "Also benefit from a left turn access into their new plaza west of Hayes Road." Further discussion. Mayor Bush summarized that, "I think the Commission agrees to that we need to get the three (3) Owners together and let them look at this and come back with what they want to do." Commissioner McGinnis said, "Good." Deputy Mayor Brown nodded in agreement. No objections were voiced. REGULAR 603. Public Works Department Requests The City Commission Review And Consider Approving Task Order #1 To The Architectural Services Agreement With CPH Engineers, Inc. For Preparing And Submitting An Application To The Florida Energy And Climate Commission For An Energy Efficiency And Conservation Block Grant. Mr. Fields introduced this Agenda Item to the City Commission. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JANUARY 11, 2010 PAGE 13 OF 14 Discussion followed on the process and pricing. Mr. Fields commented on discussions that reduced the price to five thousand dollars ($5,000.00). Further comments ensued on possible returns for the investment. 4 a Mayor Bush said to Mr. Fields, "In the Staff Recommendations here you talk about seventeen -five [thousand dollars] ($17,500.00), you say that is now less than that Mr. Fields explained, "We would like to reduce that request to five thousand [dollars] ($5,000.00), as a `Not to exceed'." Mayor Bush summarized that "The seventeen -five [thousand dollars] ($17,500.00) would be replaced by five thousand [dollars] ($5,000.00) there..." Mr. Fields stated, "...Yes..." Mayor Bush continued, "...In the Staff Recommendations." "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. MAYOR BUSH ADDED, "AND THAT IS FOR THE FIVE THOUSAND DOLLARS ($5,000.00)." MR. FIELDS CONFIRMED, "YES." VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. In other City business, Mayor Bush stated, "Our next Meeting, when we have our Workshop, I would like to recommend that we ask Land Design (Innovations, Inc.) to come and update us on Economic Development and what they are starting to undertake." Mayor Bush asked, "Commission, is that fine with all of you Commissioner McGinnis stated, "That is Fine." Commissioner Bonner remarked, "Absolutely." No objections were noted. Mayor Bush said to Mr. Lockcuff, "You will contact them and make sure they can do it Further brief discussion followed on the date of the Dog Park Grand Opening. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JANUARY 11, 2010 PAGE 14 OF 14 ADJOURNMENT 4 Mayor Bush adjourned the Regular Meeting at 7:40 p.m. g RESPECTFULLY SUBMITTED: ANDREA LORENZO LUACES, MMC CITY CLERK APPROVED: MAYOR JOHN F. BUSH NOTE: These Minutes were approved at the 2010 City Commission Regular Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JANUARY 11, 2010 CALL TO ORDER The Regular Meeting of Monday, January 11, 2010 of the City Commission was called to Order by Mayor John F. Bush at 6:15 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 Rick Brown, present Commissioner Jean Hovey, present Commissioner Gary Bonner, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, absent City Manager Kevin L. Smith, absent Public Works/Utility Department Director Kip Lockcuff, present City Attorney Anthony A. Garganese, present Under Agenda Changes, Mayor Bush stated, "I am going to ask that we consider the request by the Census Bureau to use our facility as was discussed in the Workshop." "MOTION TO APPROVE THAT REQUEST." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MAYOR BUSH SUMMARIZED, "MOTION TO APPROVE THE REQUEST BY THE CENSUS BUREAU." MAYOR BUSH SAID TO CITY ATTORNEY ANTHONY A. GARGANESE, "DO WE NEED TO CONTRACT WITH THEM ON THIS ?" ATTORNEY GARGANESE RECOMMENDED ENTERING INTO A CONTRACT. ADDITIONALLY, MAYOR BUSH SAID TO MR. KUNKLE, "YOU NEED TO WORK WITH THE ATTORNEY ON THE CONTRACT." VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 11, 2010 PAGE 2 OF 14 INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. There was no discussion on this Agenda Item. INFORMATIONAL 101. Parks And Recreation Department Notifying The City Commission Of The Departments And FLOP (Friends Of Leash Optional Parks) Intent To Schedule The Official Grand Opening Of The Winter Springs Permanent Hound Ground (Dog Park). No discussion. INFORMATIONAL 102. Parks And Recreation Department Requests That The City Commission Review The Programs And Activities That Are Conducted At The Winter Springs Senior Center. This Agenda Item was not discussed. "MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 11, 2010 PAGE 3 OF 14 CONSENT AGENDA CONSENT 200. Community Development Department — Urban Beautification Services Division Requesting Authorization For The City Manager To Enter Into A Contract Agreement With Highlands Homeowner's Association, Inc., For The Upgrade Of Sixty -Two (62) Standard Street Lights With Sixty -Two (62) Decorative Street Lights In The Highlands Subdivision. This Agenda Item was not discussed. CONSENT 201. Community Development Department — Urban Beautification Services Division Requesting Authorization To Decrease The City Standard Street Light Base Rate From $14.24 To $14.02 Per Month Pursuant To A Revised Rate Schedule From Progress Energy, Effective January 1, 2010. The Revised Rate Represents A Reduction Of $ .22 Per Street Light As Compared To The Previous Rate. No discussion. CONSENT 202. Public Works Department Requesting Authorization To Enter Into A Contractual Agreement With Central Florida Environmental Corporation For Construction Of The Ranchlands Roadway Improvements Phase I (ITB #003- 10 -BF). There was no discussion on this Agenda Item. CONSENT 203. Public Works Department Requesting Authorization To Enter Into A Contractual Agreement With Wal -Rose, Inc. For Construction Of The Solary Canal Regional Stormwater Treatment Area (ITB #010- 09 -BF). This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 11, 2010 PAGE 4 OF 14 CONSENT 204. Public Works Department — Stormwater Division Requests City Commission Authorization To Piggyback Off Orange County Contract No. (Number) Y8- 117 -J2 With Reynolds Inliner, LLC To Perform Stormwater Piping Repairs At The Oak Forest Lake Outfall. No discussion. CONSENT 205. Community Development Department — Urban Beautification Services Division Requesting The City Commission Approve Resolution No. (Number) 2010 -03, Authorizing Staff To Submit Grant Applications For Forestry Projects Under The 2009 American Recovery And Reinvestment Act (ARRA) Funding Program. There was no discussion on this Agenda Item. CONSENT 206. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. This Agenda Item was not discussed. CONSENT 207. Office Of The City Clerk Requesting Approval Of The December 14, 2009 City Commission Regular Meeting Minutes. No discussion. CONSENT 208. Office Of The City Clerk Requesting Approval Of The December 17, 2009 "Meeting Between Mayor John F. Bush And Deputy Mayor Rick Brown With A Potential New Winter Springs Business Owner" Summary. There was no discussion on this Agenda Item. "MOTION TO APPROVE" (CONSENT AGENDA). MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 11, 2010 PAGE 5 OF 14 VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Brief discussion. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese advised the City Commission that the Anderson Coach Works v. City of Winter Springs lawsuit had been Voluntary Dismissed with Prejudice. Continuing, Attorney Garganese noted that that the Tennis Court issue related to Tuscawilla Greens, as well as the Town Center Phase II matter would both be coming to the City Commission at the next City Commission Regular Meeting, REPORTS 401. Office Of The City Manager — Kevin L. Smith Mr. Kip Lockcuff, Public Works/Utility Department Director stated, "No Report." REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC City Clerk Andrea Lorenzo - Luaces asked for clarification on Public Input at Workshops. Commissioner Sally McGinnis stated, "I would recommend that we not do it during our Workshops" [related to Regular Meetings]. Mayor Bush recommended, "Why don't you leave it up to the Commission if there is some item..." Commissioner McGinnis added, "...Mitigating circumstances ". Mayor Bush continued, "If the majority of the Commissioners want to hear, we would let them talk." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 11, 2010 PAGE 6 OF 14 Further, Mayor Bush suggested, "In light of that, then we would not publish Public Input on the Workshop notification, but it is understood that if the Commission decides to take it, they can." Commissioner McGinnis added, "That is good." No objections were voiced. With further comments, Mayor Bush clarified that Public Input would not be on the new 5:15 p.m. Workshops held prior to Regular Meetings. Additionally, Mayor Bush noted, "The Commission can always take Public Input if they wanted to." REPORTS 403. Office Of The Mayor — John F. Bush No Report. REPORTS 404. Commission Seat One — Jean Hovey Commissioner Jean Hovey mentioned that the League of Women Voters and the Seminole County PTA (Parent- Teachers Association) and the Education Association at Winter Springs High School will be meeting this Wednesday at seven o'clock to discuss the education legislative priorities for Seminole County Public Schools; and also to be discussed is the One Cent Sales Tax. REPORTS 405. Commission Seat Two/Deputy Mayor — Rick Brown Deputy Mayor Rick Brown mentioned his attendance at last week's Council of Local Governments in Seminole County (CALNO) meeting and said that he had filed his notes from that meeting with the City Clerk. REPORTS 406. Commission Seat Three — Gary Bonner No Report. REPORTS 407. Commission Seat Four — Sally McGinnis Commissioner McGinnis asked how long the Workshops prior to Regular Meetings will be held? Mayor Bush explained, "It is there until you decide to do away with it." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 11, 2010 PAGE 7 OF 14 REPORTS 408. Commission Seat Five — Joanne M. Krebs Absent. PUBLIC INPUT Mr. Gary Brook, 1631 Wood Duck Drive, Winter Springs, Florida: commented on the Tuscawilla Homeowners Association's request to install a flag and noted that he had chaired a Committee related to this proposal. With further comments, it was agreed that Mr. Brook could offer additional input during the discussion of the Regular Agenda Item. Ms. Isabelle Laub, 1372 Blue Spruce Court, Winter Springs, Florida: representing the Senior Center Board of Directors, Ms. Laub commented on a cost of six hundred dollars ($600.00) for the Certification of two (2) Therapy Pool volunteers and asked if the City could reimburse them for this expenditure. Ms. Laub also commented on a new program to collect clean (new /used) coats for needy children in schools local school children; and asked that interested individuals bring donations to the Senior Center. Ms. Laub also noted that cash donations were being accepted. Discussion followed on the six hundred dollars ($600.00) for the Certification of two (2) Therapy Pool volunteers, and that there is not a "Volunteers" Policy currently in place. Deputy Mayor Brown suggested a Policy be put in place and Attorney Garganese noted that he was working on a comprehensive Policy. With further comments, Commissioner Bonner said to Attorney Garganese that he hoped such a Policy would cover all Departments. It was discussed that this Policy would come before the City Commission in late February or early March. Commissioner Bonner added, "I don't know if the Seniors can wait this long, but if we Certified the Policy depending on whatever was presented to us, and we agreed as a Commission to fund such things, I would certainly be delighted to entertain a retroactive reimbursement to any Volunteers that have been Certified during this time frame, whatever that time frame is." Commissioner Bonner then suggested that Staff see who else needed to possibly be included "To treat everybody fairly ". Commissioner Bonner added, "If the Senior organization can wait until the Policy gets in place, another thirty (30), forty -five (45) days, we may be able to have some good news for you at that time." Ms. Laub stated, "No problem." Deputy Mayor Brown said to Ms. Laub, "I was going to make a Motion - my recommendation, but if you are willing to wait, then that is fine as well." Ms. Laub remarked, "Perfectly fine." No objections were noted. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 11, 2010 PAGE 8 OF 14 Mr. Arsenio Calle, 110 Arrowhead Court, Winter Springs, Florida: spoke of a recent tour of the City's Water facilities that Mr. Lockcuff had given him. Mr. Calle also commented on the Water Rate Study, Potable Water, Reclaimed Water, and questioned projected growth. In other City business, Mayor Bush then brought up the emails that Commissioner Joanne M. Krebs had sent to the City Clerk and that were mentioned during the earlier Workshop, related to the Charter Review Committee Appointments; and asked the City Commission whether those running for Elected Office should be able to serve on the Charter Review Committee. Commissioner McGinnis and Deputy Mayor Brown commented on how it might be difficult to know who might be running for Office and various related scenarios. Mayor Bush said to the City Commission, "Everybody in agreement - that is not an issue..." Commissioner McGinnis stated, "...Yes." Mayor Bush clarified, "In other words, you can Appoint a person who is running for Office if you so choose; and we will wait until all the Commissioners are here, before those Appointments are made." Commissioner Bonner stated, "Agreed." No objections were voiced. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department — Planning Division Requests That The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2009 -15, Amending The Comprehensive Plan To Incorporate Revisions And The Annual Update To The Capital Improvement Element (CIE) Required By Rule 9J -5.016 FAC (Florida Administrative Code) And Chapter 163, Part II, F.S. (Florida Statutes). City Attorney Anthony A. Garganese read the Ordinance by "Title" only. 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 ON SECOND READING." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 11, 2010 PAGE 9 OF 14 VOTE: COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Community Development Department Requests The City Commission Consider A Request From The Tuscawilla Home Owners (Homeowners) Association (THOA) To Donate An Amount Not To Exceed $6,000.00 For The Installation Of Three (3) Benches Within The Tuscawilla Subdivision. Mr. Steve Richart, Urban Beautification Services Division, Community Development Department spoke on this Agenda Item. Discussion. Ms. Pamela Carroll, President of the Tuscawilla Homeowners Association explained that this offer was similar to a previous donation of picnic tables and park benches placed in Sam Smith Park. Ms. Carroll was then asked if the Tuscawilla Homeowners Association would be writing a check for six thousand dollars ($6,000.00) for the benches? Additionally, Ms. Carroll stated, "No. We have the costs and we need to update the costs to get them absolutely current but Steven's ( Richart) estimate based on Ted Johnson and Don Gilmore's research is about three thousand [dollars] but we said we'd do up to a total of six thousand dollars ($6,000.00) to accomplish this, not to have an Escrow allowance." Commissioner Bonner then asked, "So, there is no Maintenance Fund ?" Ms. Carroll stated, "Correct." Much discussion followed on the maintenance of City property; lifespan of such benches; and that if such benches did break at some point, then perhaps they would not be replaced. Mayor Bush then inquired if this could be part of the Tuscawilla Lighting and Beautification District. Deputy Mayor Brown suggested the benches be installed and maintained by the Tuscawilla Homeowners Association with an approved City Contract. Ms. Carroll noted she would need to discuss this with her Board. "MOTION TO DENY." MOTION BY COMMISSIONER McGINNIS. MOTION DIED FOR LACK OF A SECOND. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JANUARY 11, 2010 PAGE 10 OF 14 "MOTION TO APPROVE." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BONNER. DISCUSSION. DISCUSSION FOLLOWED ON THE ISSUE OF THE CITY BEING RESPONSIBLE IN PERPETUITY. ATTORNEY GARGANESE REMARKED, "IF THE CITY COMMISSION JUST WANTS TO ACCEPT THIS OFFER AS A STANDARD DONATION, THEN SIMPLY THE CITY WOULD ACCEPT THE DONATION. THEY WOULD GET THE BENCHES, HAVE THEM INSTALLED AND THE CITY OWNS THEM. IT IS A DONATION." ATTORNEY GARGANESE ALSO NOTED, "IF THE THOA (TUSCAWILLA HOMEOWNERS ASSOCIATION) WOULD BE RESPONSIBLE FOR MAINTENANCE FOR THESE BENCHES THEN WE WOULD NEED TO DO SOME SORT OF AN AGREEMENT." FURTHERMORE, ATTORNEY GARGANESE COMMENTED, "ONCE WE ACCEPT THE DONATION, THEY ARE THE CITY'S - THOA (TUSCAWILLA HOMEOWNERS ASSOCIATION) HAS NO FURTHER SAY IN THE MATTER BECAUSE THEY DONATED THEM TO THE CITY; THE CITY CONTROLS THE MAINTENANCE, CONTROLS HOW LONG THEY ARE GOING TO STAY THERE. IF THEY BECOME A PUBLIC NUISANCE, THEN THE CITY TAKES THEM OUT." ADDITIONALLY, ATTORNEY GARGANESE SUGGESTED TO THE CITY COMMISSION, "WHY DON'T YOU TELL US WHAT YOU WANT - IF YOU WANT TO ACCEPT THEM AS A PURE DONATION, THEN WE'LL MAKE THAT CLEAR IN THE RECORD." COMMISSIONER BONNER NOTED, "I WILL CLARIFY WHAT I NEED IN ORDER TO SUPPORT THIS - IT IS A PURE DONATION AND ONCE THE OWNERSHIP OF THESE BENCHES PASSES TO THE CITY, THE CITY CAN DO WITH THEM, WHATEVER - THEY THINK NEEDS TO BE DONE ON BEHALF OF PUBLIC SAFETY AND WELFARE, ETC.," EVEN IF THAT INCLUDED REMOVING THEM. Tape 1 /Side B COMMISSIONER BONNER ADDED, "I AM NOT LOOKING FOR A PERPETUITY MAINTENANCE AGREEMENT." DISCUSSION FOLLOWED ON POSSIBLE LIABILITY ISSUES. Commissioner Bonner stated "Point Of Order" and commented on the Motion on the floor. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 11, 2010 PAGE 11 OF 14 "I WILL MOTION TO TABLE THIS ITEM." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Mayor Bush then suggested, "I think the instructions would be to get with the Attorney to - incorporate the discussion that the Commission has had on this. REGULAR 601. Community Development Department Requests The City Commission Consider A Request From The Tuscawilla Home Owners (Homeowners) Association For Permission To Install An American Flag And Flag Pole In A Roadway Median At The Rear Entrance To The Tuscawilla Subdivision On Winter Springs Boulevard. Mr. Richart introduced this Agenda Item for discussion. Mr. Gary Brook, 1631 Wood Duck Drive, Winter Springs, Florida: commented on the results of a survey that went to Tuscawilla Homeowner's Association residents related to the proposed flagpole. Discussion followed on flag protocol and the maintenance of the flagpoles in the City. Deputy Mayor Brown noted, "So, we are expending - manpower and man-time out of City funds that we weren't aware of as a Commission, to maintain a flagpole that is private property by Agreement. I wonder how that works Steve ( Richart)? How did we end up in that position because I don't think that was in the Agreement ?" Mr. Richart responded, "I would have to read the Agreement, but I am pretty sure that there is language that would support that." Further comments continued on flag protocol, and maintenance. Commissioner Bonner inquired whether the residents located near the new proposed flagpole were agreeable to this potential installation. Mr. Brook stated, "I do know that there was a discussion with the Homeowner's (Association) President of that subdivision right there and he said that he was in favor of that. Now, I do not know if he represented the entire organization or not." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 11, 2010 PAGE 12 OF 14 "MOTION TO APPROVE." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. With further brief comments, Mayor Bush suggested, "Why not have an Escrow Account for the benches." Commissioner McGinnis added, "Good idea." REGULAR 602. Public Works Department Requesting City Commission Consider Options For Improving Access From S.R. (State Road) 434 To Sunoco And Papa Tony's. Mr. Brian Fields, P.E., City Engineer, Public Works Department began the discussion on this Agenda Item and reviewed the options. Discussion included timelines, accident data, possible median modifications, and the affected businesses. Commissioner Bonner suggested, "Maybe before we would Vote to spend money, maybe we need to bring the parties together." Commissioner Bonner also suggested the Hayes Road Plaza Owner also be included as he would "Also benefit from a left turn access into their new plaza west of Hayes Road." Further discussion. Mayor Bush summarized that, "I think the Commission agrees to that we need to get the three (3) Owners together and let them look at this and come back with what they want to do." Commissioner McGinnis said, "Good." Deputy Mayor Brown nodded in agreement. No objections were voiced. REGULAR 603. Public Works Department Requests The City Commission Review And Consider Approving Task Order #1 To The Architectural Services Agreement With CPH Engineers, Inc. For Preparing And Submitting An Application To The Florida Energy And Climate Commission For An Energy Efficiency And Conservation Block Grant. Mr. Fields introduced this Agenda Item to the City Commission. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 11, 2010 PAGE 13 OF 14 Discussion followed on the process and pricing. Mr. Fields commented on discussions that reduced the price to five thousand dollars ($5,000.00). Further comments ensued on possible returns for the investment. Mayor Bush said to Mr. Fields, "In the Staff Recommendations here - you talk about seventeen -five [thousand dollars] ($17,500.00), you say that is now less than that ?" Mr. Fields explained, "We would like to reduce that request to five thousand [dollars] ($5,000.00), as a `Not to exceed'." Mayor Bush summarized that "The seventeen -five [thousand dollars] ($17,500.00) would be replaced by five thousand [dollars] ($5,000.00) there..." Mr. Fields stated, "...Yes..." Mayor Bush continued, "...In the Staff Recommendations." "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. MAYOR BUSH ADDED, "AND THAT IS FOR THE FIVE THOUSAND DOLLARS ($5,000.00)." MR. FIELDS CONFIRMED, "YES." VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. In other City business, Mayor Bush stated, "Our next Meeting, when we have our Workshop, I would like to recommend that we ask Land Design (Innovations, Inc.) to come and update us on Economic Development and what they are starting to undertake." Mayor Bush asked, "Commission, is that fine with all of you ?" Commissioner McGinnis stated, "That is Fine." Commissioner Bonner remarked, "Absolutely." No objections were noted. Mayor Bush said to Mr. Lockcuff, "You will contact them and make sure they can do it ?" Further brief discussion followed on the date of the Dog Park Grand Opening. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JANUARY 11, 2010 PAGE 14 OF 14 ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 7:40 p.m. RESPECTFULLY SUBMITTED: 71 5 ' A LORENZO - LUACES, MMC CI Y CLERK APPROVED: , OR SOW, BUSH NOTE: These Minutes were approved at the January 25, 2010 City Commission Regular Meeting.