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HomeMy WebLinkAbout2009 05 11 Consent 207 Approval of 2009 04 27 Regular MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING APRIL 27, 2009 CALL TO ORDER The Regular Meeting of Monday, April 27, 2009 of the City Commission was called to Order by Deputy Mayor Joanne M. Krebs at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1.126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present via telephone Deputy Mayor Joanne M. Krebs, present Commissioner Jean Hovey, present Commissioner Rick Brown, present Commissioner Gary Bonner, present Commissioner Sally McGinnis, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. Deputy Mayor Krebs noted an Agenda Change and stated, "If you agree, we would like to move Regular Item `606' to right after [Regular Agenda Item] `601'. Are there any objections?" Commissioner Sally McGinnis stated "No." Commissioner Rick Brown remarked, "That is fine." No objections were voiced." INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. This Agenda Item was not discussed. !'~~. ,~"'~ "MOTION TO APPROVE INFORMATIONAL." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CTI'Y OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 27, 2009 PAGE 2 OF 20 VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE ~ COMMISSIONER BONNER: AYE MOTION CARRIED. ~' • • AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE DISCUSSED NEXT, BUT NOT NECESSARILY IN THE ORDER ~ DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. • • CONSENT AGENDA CONSENT 200. Public Works Department - Stormwater Division Requests Approval To Ezecute Amendment No. (Number) 2 To The Project Agreement With The Natural Resources Conservation Service (MRCS) For The Restoration Of City Waterways Damaged During Tropical Storm Fay. Brief discussion. CONSENT 201. Office Of The City Manager And Finance Department Requesting That The City Commission Adopt Resolution 2009-28 Establishing An Identity Theft Detection And Prevention Program. Brief discussion. CONSENT 202. Community Development Department - Urban Beautification Services Division Requesting The City Commission Adopt Resolution 2009-29, Allowing For The Establishment Of A Pole Banner Program As Approved In Commission Agenda Item 603 On April 13, 2009. Brief comments. CTI'Y OF WINTER SPRINGS, FLORIDA MINUTES CTTY COMMISSION REGULAR MEETING -APRIL 27, 2009 PAGE 3 OF 20 CONSENT 203. Office Of The City Clerk Requesting Approval Of The April 13, 2009 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE CONSENT." ~ MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The City Manager Requesting City Commission Acceptance Of The Comprehensive Annual Financial Report (CAFR), As Presented, For The Fiscal Year Ended September 30, 2008. Ms. Kelly Leary, Auditor, McDirmit Davis and Company, LLC., 605 East Robinson Street, Suite 635, Orlando, Florida: spoke on the City's Comprehensive Annual Financial Report (CAFR). Discussion. "MOTION TO -ACCEPT." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. "--~ CTI'Y OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 27, 2009 PAGE 4 OF 20 REPORTS REPORTS 400. Office Of The City Attorney -Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese advised the City Commission, "I went back and I ~ met with the Manager and the City Clerk regarding the Posting of Meetings and the ~ City's Policy and Resolution. At the next Meeting, I will be bringing back an Agenda ~ Item to discuss that. As far as preliminarily, we believe that the Policy doesn't need to be changed but I want to go over it again with the Commission and maybe administratively ~ handle things a little bit differently." REPORTS 401. Office Of The City Manager -Kevin L. Smith City Manager Kevin L. Smith mentioned that the City of Oviedo has asked the City Commission to hold their Joint Meeting on Tuesday, May 1.9~', 2009 and suggested the City Commission reschedule the previously scheduled Budget Workshop to another date. There were no objections to this. With discussion on a new date for the next Budget Workshop, Wednesday, May 27~`, 2009 was suggested. Mayor John F. Bush remarked, "Works for me." Deputy Mayor Krebs stated, "That is good for me." Commissioner McGinnis noted, "Good." Commissioner Jean Hovey commented, "Yes." Deputy Mayor Krebs added, "Six p.m." Commissioner Gary Bonner stated, "Agreed." No objections were noted. Next, Manager Smith brought up the issue of red-light cameras. Chief of Police Kevin Brunelle gave an update on Red Light Cameras to the City Commission and advised the City Comrission that he was asked to provide statistical data to the City Commission. Deputy Mayor Krebs inquired of Chief Brunelle, "Can you send us that Report?" Chief Brunelle responded, "Absolutely." Commissioner Brown then asked Chief Brunelle, "Is there a time of day, specific?" Chief Brunelle noted, "I can get the specific times for you." Commissioner Brown inquired, "Is there any concentration over a given period of time?" Chief Brunelle said, "I don't have that answer for you -that is another Report that we have to pull from the document." Commissioner Bonner suggested to Chief Brunelle, "When you send the Report, if you could include arefresher - on what that criteria was..." Deputy Mayor Krebs stated, "...That is a good idea...." Commissioner Brown added, "...Okay..." Commissioner Bonner continued, "...If not already, that criteria can be posted to our Website." CTI'Y OF WINTER SPRINGS, FLORIDA MINUTES CTI'Y COMMISSION REGULAR MEETING - APRII. 27, 2009 PAGE 5 OF 20 Furthermore, Commissioner Bonner noted, "I am just anticipating a new opportunity to explain this new infraction to our citizens." Chief Brunelle stated, "Absolutely." Discussion. ~ ^'°~I REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, MMC ~ No Report. REPORTS 403. Commission Seat Three -Gary Bonner Commissioner Bonner complimented the City's Police Department on their efforts at this past weekend's Flag Football Game. REPORTS 404. Commission Seat Four -Sally McGinnis Commissioner McGinnis asked the City Manager for "An update on our City's Website - the progress that is being made. We had kind of a timeframe - a calendar of progress presented to us and I think it is time to get an update on that." Manager Smith said "Yes." Next, Commissioner McGinnis spoke of the recent fire in the Highlands and commented on the community effort. REPORTS 405. Commission Seat Five/Deputy Mayor -Joanne M. Krebs Deputy Mayor Krebs remarked about the City's Arbor Day and added, "Kudos to the team that put it together. It was really, really nice." Deputy Mayor Krebs then noted, "Thank you Steve (Richart) and Mike (Mingea). It was really, really good!" Secondly, Deputy Mayor Krebs also mentioned last weekend's Flag Football game. Thirdly, Deputy Mayor Krebs brought up the Lock Box program and thanked Attorney Garganese for sharing it with the City of Cocoa. Deputy Mayor Krebs added, "What I think is really neat is that Winter Springs has really been a true leader in getting that information out and just as another plug for something else when you go back to Cocoa, `Project Lifesaver'." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 27, 2009 PAGE 6 OF 20 Fourthly, Deputy Mayor Krebs asked about the possibility of the City having E-PASS transponders on some City vehicles. Discussion followed with Manager Smith who said that he had been advised that transponders needed to be assigned to a specific vehicle and added, "We will take it up the ladder and see if we get a different answer." Lastly, Deputy Mayor Krebs asked about the City Manager position. Commissioner Brown stated, "I can tell you that my preference would be that we just continue him (Kevin Smith) on and keep him in this role without going out to Bid." Commissioner Brown added, "I think Kevin (Smith) has done an outstanding job and I think putting him in this role permanently would be the right thing to do; but we did commit to 180 days -unless we want to bring it back as an Agenda Item and change that." Discussion. Mayor John F. Bush stated, "Kevin (Smith) is still the acting Manager and we have two (2) important positions that are vacant and I don't think we are going to get good applicants until whoever applies knows that our Manager is our Manager." Mayor Bush added, "It is not fair to him to put those kind of responsibilities -three (3) jobs on him here under the circumstances and I think he is doing a great job by the way; so, I am not being critical of him in any way, but, I just think we need to take a good look at this. I am convinced he is doing the job personally and I would imagine most of you feel the same way too. But, I just think that we need to think about this, because - he needs to be able put his Staff together so that we can move forward." Commissioner Brown remarked, "I echo the Mayor's comments." Furthermore, Commissioner Brown explained, "I was perfectly comfortable with the 180 days and if that was the only position we were looking for, I would be equally comfortable with waiting that time period because I do think Kevin is doing the job. I do think he is fulfilling all the criteria that we had set and I have been extremely happy with the communication; the accuracy of the information he presents; and his involvement with both the Commission and Staff; and watching that interaction happen." Additionally, Commissioner Brown noted, "If we are not going to make this position permanent, how can we possibly fill those other two (2) roles before we have the permanent City Manager in place, because if it is not Kevin (Smith) - I just think it would be fair to let the permanent City Manager pick his Staff and hire his Staff that he is going to be working with; so, I think that would be the only reason why, and I think that is actually a good reason that we may want to look at this before the 180 [days]." ~" ~"~ ~~ ~"-=': CITY OF WINTER SPRINGS, FLORIDA MINUTES CTI'1' COMMISSION REGULAR MEETING -APRIL 27, 2009 PAGE 7 OF 20 Deputy Mayor Krebs remazked, "Kevin (Smith) has proven himself. Not just here in City Hall. I mean I hear it with everybody he has even come in contact with, whether it be residents or business people." Further brief comments. Tape 1/Side B Commissioner Bonner commented, "I will echo that all of the tasks and activities that we have been seeing are being performed magnificently by Kevin (Smith) thus faz. I don't have any criticism of Kevin's (Smith) role thus far as City Manager. Just to be cleaz - during this 180 days, there are some rather significant City Manager responsibilities which we will have an opportunity to observe. The number one most critical component is the preparation and the process of developing our Budget, plus the fact that we will be dealing with the challenges that are handed to us by what comes out of Tallahassee and I for one, look forward to observing Kevin's performance as our Interim Manager during these challenges." "I WOULD LIKE TO MOVE THAT WE BRING THIS BACK AT THE NEXT MEETING AS AN AGENDA ITEM FOR DISCUSSION." MOTION BY COMMISSIONER McGINNIS. MOTION DIED FOR LACK OF A SECOND. Commissioner Brown asked Commissioner Bonner, "Do you think that can accurately be done given the fact that our City Manager will be down two (2) critical positions?" Commissioner Bonner responded, "I believe it is an opportunity for us to observe, not only the City Manager in Kevin (Smith), in his performance as our City Manager, but - it is the opportunity for us to observe Staff in their performance during this time of change where Staff is being called upon inevitably by a reduced amount of defined leadership to effectively step up and have a chance to demonstrate themselves to Kevin (Smith) as Acting City Manager as well." Furthermore, Commissioner Bonner noted, "This is a short period of time remaining. There are -some material activities that will take place. I think it is a golden opportunity for us to see the -continued great performance, not only of Kevin (Smith), but to see Staff's performance. In no way, do I want to necessarily add to the burden - I recognize that it is creating additional burden, but I do believe - in answer to your question - I believe that all that needs to be done can be done with the resources that we have available." `"~ ~."°~ Commissioner Brown noted, "You are proposing that we evaluate the City Manager on his ability to generate a Budget without a Finance Director or a General Services Director, at his disposal?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 27, 2009 PAGE 8 OF 20 Commissioner Bonner remarked, "I believe that the City Manager is well served by an outstanding Budget Manager; by an outstanding Budget tool - a brand new Budget tool and by a brand new Budget process which has never been practiced by the City before, which is Zero-Based budgeting and therefore this is a new experience for all participants within the Staff; and I think that we are going to see an opportunity for the entire Staff to lend a hand and participate in the process or have a chance to observe how each of them respond to this challenge that we are placing before them. I believe when we get through this in a few months, absent having answered those questions, because I respect the key leadership responsibilities, but one of the things in addition to this Commissioners, that I believe may come out of this, is that in an absence of those defined positions, as the Staff and Acting Manager Smith are putting together this Budget, we may see recommendations that would come forward for potentially a different organizational structure in some way or some element, yet to be known. But, if we go ahead and pigeonhole a business as usual solution, in advance of this 180 day timeframe, I don't think we are creating an environment that will allow that form of creativity to occur, within an organization where quite frankly, everyone is interested in performing well during this time frame. I think it is a great opportunity for us to allow that to occur." "I WILL MAKE THE MOTION AGAIN THAT THIS COME BACK TO US IN TWO (2) WEEKS AS AN AGENDA ITEM FOR DISCUSSION." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: NAY MOTION CARRIED. REPORTS 406. Office Of The Mayor -John F. Bush ~°'~ Mayor Bush thanked Deputy Mayor Krebs for her efforts in getting Staff to the last Tri- County League of Cities Meeting and for winning the trophy. CITY OF WII~iTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 27, 2009 PAGE 9 OF 20 Further comments. Mayor Bush telephonically departed the Meeting at approximately 6: 09 p. m. REPORTS 407. Commission Seat One -Jean Hovey °"'~ No Report. ~ REPORTS 408. Commission Seat Two -Rick Brown Commissioner Brown also complimented the great Flag Football Game and said "You represented us well Chief (Brunelle), you and your team." Next, Commissioner Brown added, "Fantastic Arbor Day. Thank you very much Steve (Richart) and Mike (Mingea)." Commissioner Brown also spoke about Project Lifesaver and added, "I think it is a tremendous effort." Lastly, Commissioner Brown thanked the City Commission and the City Manager for the flowers sent to his Mother when she was ill. PUBLIC INPUT Ms. Peggy Allen, 1423 Twin Rivers Boulevard, Oviedo, Florida: commented on the Chamber of Commerce's Beautification Award and the Chamber of Commerce's desire to put signs out in front of businesses; and hoped there would not be any Permit Fee. Brief discussion ensued on current revisions being made to the Sign Ordinance. On the issue of signage, Ms. Allen explained, "It would actually be a wooden sign. We're thinking maybe a two (2) x three (3) sign that would be posted in the front - on the property - in front of their building." Ms. Allen added, "The award winner, yes and it would be done on a quarterly basis. It may not always be in the City of Winter Springs; it may be in Oviedo; it may be in unincorporated areas." Attorney Garganese suggested, "I think you could just treat that as an on-premise sign - just the award winner. I don't even think the revisions to the Ordinance even addresses that." CTfY OF WINTER SPRINGS, FLORIDA MIIdUTES CTTY COMMISSION REGULAR MEETING -APRIL 27, 2009 PAGE 10 OF 20 Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: representing the Planning and Zoning Board/Local Planning Agency, Mr. Lacey suggested some ways to reform the process between the Planning and Zoning Board/Local Planning Agency and the City Commission; including bringing Town Center Zoning under the Planning and Zoning Board/Local Planning Agency; a one (1) step process whenever possible; and the Planning and Zoning Board/Local Planning Agency being accountable for decisions. Discussion. Commissioner McGinnis commented to Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department about "Having the Town Center District be separate, so when you do your Workshop on that, if you would have that rationale -that would be helpful." Commissioner McGinnis added, "Within a short period of time, I think this should come back to us as an Agenda Item and work through this; and you make your recommendations in writing and we will begin to deal with it." Commissioner Brown asked the City Commission about Consensus, "Do we want it to come back to review, or do we want to wait until after the Workshop?" Commissioner McGinnis stated, "I think we have to wait." Deputy Mayor Krebs stated, "After the Workshop." With no objections, Commissioner Brown said to the City Clerk, "Can you put a tickler then in to make sure this gets on the Agenda after the Workshop?" City Clerk Andrea Lorenzo-Luaces stated, "Sure." PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Not Used. PUBLIC HEARINGS 501. Office Of The City Attorney Requests That The City Commission Consider On Second And Final Reading Ordinance No. (Number) 2009-09 Which Would Require That All Candidates For Municipal Election Within Winter Springs To Electronically File Their Campaign Reports With The Seminole County Supervisor Of Elections Utilizing The Electronic Reporting System Established By The Supervisor Of Elections. Attorney Garganese read the Ordinance by "Title" only; and stated, "During First Reading, the Commission directed that this Ordinance -although the Ordinance becomes effective immediately, the Ordinance will not apply retroactively so I added some language to Section 6." ~"~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 27, 2009 PAGE 11 OF 20 Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE (ORDINANCE 2009-09)." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Office Of The City Manager Requesting The Commission To Review The Report Of Findings From Phase 1 Of The Forensic Investigation And Provide Direction For Proceeding With Phase 2. Manager Smith introduced this Agenda Item for discussion. Ms. Deede Weithorn, CPA, Associate Director, Berkowitz Dick Pollack & Brant, 200 South Biscayne Boulevard, Sixth Floor, Miami, Florida: addressed the City Commission on the Report. Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE PROCEED WITH ARTICLE A AND INCLUDE IN THAT BUDGET PROCESS DISCUSSIONS FOR B, D, AND E FOR THE UPCOMING BUDGET TO REVIEW THE PROCESSES THAT THE CITY MANAGER PUTS IN PLACE WITH OUR CURRENT CONSULTING AGENCY." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. ~""'~ r~ ~"~ CTI'Y OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 27, 2009 PAGE 12 OF 20 AS TO COSTS, MS. WEITHORN STATED, IT IS NOT TO EXCEED TWENTY- FIVE BUT IT IS PROBABLY LES5." COMMISSIONER BROWN NOTED, "THE RANGE IS ELEVEN (11) TO TWENTY-FIVE (25)." MS. WEITHORN ADDED, "IT IS NOT TO EXCEED." COMMISSIONER McGINNIS STATED, "I WOULD SUPPORT CONTINUING WITH OUR PRESENT CONSULTANT." VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Ms. Weithorn then asked about a time frame for completion; to which Deputy Mayor Krebs stated, "Just work with Kevin (Smith) on that." Commissioner Brown added, "The sooner the better so we can move on." Manager Smith left the Commission Chambers at 6:45 p. m. REGULAR 601. Office Of The City Manager Requesting Acceptance Of Investment Report For Quarter Ended March 31, 2009 As Prepared And Presented By PFM Asset Management LLC. Mr. Steven Alexander, Managing Director, CTP, CGFO, The PFM Group, 300 South Orange Avenue, Suite 1170, Orlando, Florida: addressed the City Commission. Tape 2/Side A Discussion. Manager Smith returned to the Commission Chambers at 6:54 p. m. With further comments, Mr. Alexander noted, "So that everything that we've purchased is in Compliance with your Investment Policy, both from a permit investment standpoint and an asset allocation presentation -we're working closely with the City to make sure that we're in Compliance on a regular basis." Discussion. "' >M'° Mr. Alexander stated, "I support Kevin (Smith) in your decision - he has been awesome to work with. We really appreciate working with him!" CTi'Y OF WINTER SPRINGS, FLORIDA MINiJTES CITY COMMISSION REGULAR MEETING -APRIL 27, 2009 PAGE 13 OF 20 • • AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. • • REGULAR AGENDA REGULAR 606. Community Development Department Requests The Commission Consider A Conceptual Plan For A 201 Unit Apartment Complez On 10.32 Acres Within The Town Center. Mr. Stevenson introduced this Agenda Item for discussion. Mr. Scott .Culp, Executive Vice President, Atlantic Housing Partners, LLLP, 329 North Park Avenue, Suite 300, Winter Park, Florida: spoke on this project. Members of the City Commission commented on the "Elderly" section. Discussion. Commissioner McGinnis asked when they would break ground? Mr. Culp stated, "The application process of the State is extremely competitive and it will take us through - at the earliest, September of this year to be awarded an allocation from the State. At the latest, probably December of this yeaz. We would start as soon as we could pull Permits after that." Mr. Culp added, "We have about 150 of these communities, a little over 30,000 apartment homes. Over a 100 of those aze in Florida." Further discussion. Commissioner McGinnis asked Mr. Culp, "Do you have on-site management?" Mr. Culp responded, "Always. Bazbaza Schulte here represents Concord Management [LTD.]. We only use our own management company. We don't hire third party managers. We have our own employees that live on site; so that the management lives there; the maintenance management lives there, and these aze typically people that are hired right here from this community." Commissioner Brown asked about the Castle Woods Development in the City of Casselberry; and spoke of his concerns with crime at that community. Commissioner Brown then suggested "I would like us to proceed with extreme caution." Mr. Culp stated, "I hope as we walk through this process, we can work with you on some of those things like neighborhood watch; and courtesy officers. We like to actually give to some of your Officers the housing so they aze actually living there, bringing their patrol units home in the evenings; helping us with some of the - circulation, as far as walking the property because that is important to us. C~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMLSSION REGULAR MEETING -APRIL 27, 2009 PAGE 14 OF 20 We own the asset long-term; we don't sell the asset. We're not a merchant builder. We have to keep it for a certain period of time under this program. We've never sold any of our communities. So, it is important to us that we never get that blight." With further comments on recreational amenities, Mr. Culp explained, "Two (2) totally separate recreational amenities, although we do allow the seniors to share the family side, we don't allow the families to share the senior side." Discussion. Commissioner Brown noted, "When this is over, I will probably make a Motion or ask for Consensus that we have our Chief of Police pull the statistics from Legends, which is a high density development in our City and the other properties that this company manages in Oviedo and out by the Mall at Millenia; because I think it is very relevant when you are talking about potentially introducing a high crime situation into a developing business area of your City - I think it is extremely relevant when you are talking about the safety of our citizens." Ms. Barbara Schutte, Regional Manager, Concord Management, LTD., 1 SSI Sandspur Road, Maitland, Florida: spoke on the screening process. Tape 2/Side B With discussion, Ms. Schutte stated, "I have the same type of statistics that prove that - over seventy-one percent (71 %) of all crime that happens in amulti-family history or traditional community is from outside residents, not our residents; and that is something that I can lay-out on paper, for even Castle Woods; maybe not the seventy-one (71), but very close, it's over fifty percent (50%) even at Castle Woods. They're not even our residents, they are outside people coming on the community and not being good neighbors." Commissioner Bonner then asked Ms. Schutte, "If you have a problem in one of your communities with one of your residents, does your Lease Agreement - do you practice removing those individuals from the property, revoking leases, and so on and so forth?" Ms. Schutte responded by saying, "Very much so. It is a requirement of the program, our finance program with the State of Florida that we uphold that in a very serious manner." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CTI'I' COMMLSSION REGULAR MEETING -APRIL 27, 2009 PAGE 15 OF 20 Commissioner Bonner suggested to Ms. Schulte, "We aze blessed with a really exceptional community Policing relationship within this City, and that is demonstrated monthly in the Police Department hosting citizen groups to a collective meeting. I would encourage you, as you put together your community plan for -this Development ~, in our City, that you possibly entertain how your Development might be able to actively ,,.; participate in that ongoing community relationship organization that are Police Department has already established." Ms. Schulte stated, "We'd be proud to participate in that." Further discussion. .mom Commissioner McGinnis suggested, "I encourage everyone to go to Oviedo; to the Mall ~ at Millenia -you will send a Memo, give us specific addresses that would be helpful." Commissioner Brown then asked Mr. Culp, "If you take your communities, and compare them against other high density communities in the cities that you are in, how is your crime rate?" Mr. Culp responded, "I think that is a very valid point" and spoke of a community in Palm Bay, Florida. Mr. Culp added, "Every community has some crime. Our communities, each of them have right azound 300 calls during that time frame that I reviewed." Mr. Culp noted, "We'll work with you. We'll work with the City; work with your Police Chief to help develop those programs to the highest level you want them." Furthermore, Mr. Culp stated, "Anything that we can do to work with the City to make sure that happens, we want it." Mr. Stevenson added, "What they aze asking tonight is approval of a Concept Plan - along with that, part of their Application requires the City to sign off stating just that - that they have Concept Plan Approval; so, I want the Commission to be well aware that if we move forward tonight, that one of the things you are authorizing is for your Staff to sign off that they have Concept Plan Approval on their finance package." Commissioner McGinnis said to Mr. Stevenson, "I understand that is - to move forward State level. Is that correct?" Mr. Stevenson responded, "Yes." "I MOVE THAT WE ACCEPT THE SUBMITTED CONCEPT PLAN." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BONNER DISCUSSION. CTfY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 27, 2009 PAGE 16 OF 20 COMMISSIONER BROWN SAID, "I AFFIRMATIVE UNTIL WE HAVE T THE COMMUNITIES WHERE THEY OPERATION." VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: NAY COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. WILL NOT BE VOTING IN THE HE STATISTICAL DATA BACK FROM HAVE THEIR DEVELOPMENTS IN REGULAR 602. Community Development Department -Arbor Division Requesting The City Commission Review Information Concerning The City's Arbor Ordinance, The Arbor Permitting Process And Code Requirements For Tree Removals, As Discussed At The March 23, 2009 Commission Meeting Under Item 405. Mr. Stevenson introduced this Agenda Item. Mr. Mike Mingea, Arborist, Community Development Department addressed the City Commission on the Arbor process. Discussion. Commissioner McGinnis asked Mr. Mingea, "You did mention that there are some issues that you might like to tweak in this Code; or some things you don't quite agree with; so, I think maybe it would be a good idea. if you would present those to us at some time with your rationale and let us look at that." Continuing, Commissioner McGinnis noted, "But, if you have some things that you would like to see, you worked with it all these nine (9) years - so, if you could do that and bring it to us as an Agenda Item? Agreed? Is there Consensus on that?" Deputy Mayor Krebs remarked, "I would like to hear what he has to say." Commissioner Hovey and Commissioner Bonner nodded in agreement. No one voiced an objection. Mr. Mingea added, "We're more than willing to host a Workshop or anything that you need or you can meet individually - if you call and make an appointment. Glad to meet with you." Deputy Mayor Krebs stated, "That is a good idea if anybody has any questions." ems"'' '~"d ~"~ r7C.~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 27, 2009 PAGE 17 OF 20 Mr. Stevenson then noted, "What you will see Commission, is this come back as a series of our Code Revisions. It's going to be incorporated into that." Commissioner Bonner complimented Mr. Mingea and said, "Your Permit process is probably the finest example of a Permit process that we have in the City." Commissioner Brown also complimented Mr. Mingea and noted, "Nice job." REGULAR 603. Not Used. REGULAR 604. Community Development Department - Urban Beautification Services Division Requesting The Commission Review Conceptual Banner Designs For Thirteen (13) Signalized Intersections Included As Part Of A Pole Banner Program Approved At The April 13, 2009 Commission Meeting Under Agenda Item 603. Mr. Steve Richart, Urban Beautification Services Division, Community Development Department addressed the City Commission. Deputy Mayor Krebs suggested that instead of the "50 Years" to use `Incorporated in 1959'." Commissioner McGinnis mentioned that Blumberg Boulevard and fountains were great ideas for Banners, as was a "Vista". Deputy Mayor Krebs noted, "Write down "`Vista'." Commissioner McGinnis also recommended that "50 Years of Excellence" would be great, and suggested using fewer words, to make it easier for drivers passing by. Deputy Mayor Krebs liked the phrase, "City of Excellence." Commissioner Hovey suggested the wording, "Incorporated 1959". Tape 3/Side A Commissioner Bonner suggested that citizens and the Beautification of Winter Springs Boazd could assist in designing future Banners. ~" °"'~ "'~ ~~ Mr. Richart commented on the template for the secondary Banner and noted they wanted to move forwazd, "So, we can go and order these tomorrow, and then we get our citizen advisory people involved and they help us with our next revision." CTI'Y OF WINTER SPRINGS, FLORIDA MINUTES CITY COM110SSION REGULAR MEETING -APRIL 27, 2009 PAGE 18 OF 20 Furthermore, Mr. Richart stated, "I can make these decisions. I would just say, be prepared to live with what I come up with." Commissioner McGinnis commented, "I know." Deputy Mayor Krebs stated, "I am prepared to live with it." No objections were noted. Deputy Mayor Krebs asked for the Commission's preference for the "layout". Deputy Mayor Krebs stated, "I am 2." Commissioner Hovey remarked, "I am 2." Deputy Mayor Krebs added, "I am just talking about the wave. I am not talking about what is in between it." Commissioner Brown remarked, "I can go 2." Deputy Mayor Krebs summarized, "The 2's have it." REGULAR 605. Parks And Recreation Department Requests That The City Commission Review The Current Detailed Plan Regarding The July 4 Celebration Of Freedom/City Of Winter Springs 50th Anniversary And Provide Staff With Direction As Deemed Appropriate. Mr. Pula introduced this Agenda Item. Discussion ensued. Commissioner Brown commented for the Record that his company should not have been listed as a Beer Vendor. Discussion continued. The Police Department's band "1770" was noted as entertainment, to which Deputy Mayor Krebs suggested, "We need to promote that really good." Deputy Mayor Krebs asked if "VIP" could not be used, and Manager Smith suggested using the term, "Hospitality." Deputy Mayor Krebs said, "Yes." As to something other than "VIP" parking, Manager Smith suggested that the wording - "Reserved" parking was a better choice. Security, coolers, and backpacks were then addressed by Chief Brunelle. Discussion. Commissioner Bonner noted, "If we have another City Newsletter which will go out prior to the 4th of July Event, and I suspect we do; perhaps we could include those security discussions and an explanation of cooler restrictions and backpack restrictions and so on; at least get the communication flowing so that folks can plan accordingly." Commissioner Hovey suggested, "In our water bills too." CTrY OF WINTER SPRINGS, FLORIDA MINUTES CTI'Y COMMISSION REGULAR MEETING -APRIL 27, 2009 PAGE 19 OF 20 Discussion followed on possible charges. Deputy Mayor Krebs stated, "I don't have a problem charging." Commissioner McGinnis noted, "Me too." Commissioner Bonner also said, "Me too." No objections were voiced. Commissioner Bonner recommended that a parking fee might be more accepted. Deputy Mayor Krebs summarized, "We wouldn't mind having a charge; we would like a charge actually, and then your team can come back with the best solutions as far as it is either going to be parking or at the gate." Mr. Pula remarked, "Be glad to discuss it in our next meeting. Great meetings and again, I thank the City Manager for them. His input and being a part of it has really been nice." In other City business, Commissioner McGinnis mentioned that the new LYNX bus route has started, and said to Mr. Charles Lacey in the audience, "Please bring that up to the Chamber. Ask them to maybe take a bus ride." Further discussion. Commissioner Hovey recognized nine (9) year old student Samantha Reviczky who was in the audience tonight. Attorney Garganese stated, "The [Police] Chief mentioned that we were going to go live on the red light cameras and the Ordinance establishing the red light infraction program requires a Resolution of the Commission before that goes live." Attorney Garganese then read Resolution 2009-31 into the Record. "MOVE TO APPROVE [RESOLUTION 2009-31]." MOTION BY COMMISSIONER BROWN. SECONDED. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREB5: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. ~~ ,:yam -.,:~ .~ ~~.~~ -..v,:; ~C: Commissioner McGinnis also mentioned that a former local news reporter had joined the Army and noted that the City Commission wished him well. CTI'Y OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 27, 2009 PAGE 20 OF 20 ADJOURNMENT Deputy Mayor Krebs adjourned the Regular Meeting at 8:48 p.m. ~° RESPECTFULLY SUBMITTED: ~ ANDREA LORENZO-LUACES, MMC CITY CLERK APPROVED: MAYOR JOHN F. BUSH NOTE: These Minutes were approved at the , 2009 Regular City Commission Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING APRIL 27, 2009 CALL TO ORDER The Regular Meeting of Monday, April 27, 2009 of the City Commission was called to Order by Deputy Mayor Joanne M. Krebs at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present via telephone Deputy Mayor Joanne M. Krebs, present Commissioner Jean Hovey, present Commissioner Rick Brown, present Commissioner Gary Bonner, present Commissioner Sally McGinnis, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. Deputy Mayor Krebs noted an Agenda Change and stated, "If you agree, we would like to move Regular Item `606' to right after [Regular Agenda Item] `601'. Are there any objections?" Commissioner Sally McGinnis stated "No." Commissioner Rick Brown remarked, "That is fine." No objections were voiced." INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. This Agenda Item was not discussed. "MOTION TO APPROVE INFORMATIONAL." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 27, 2009 PAGE 2 OF 20 VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. ? ? AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE DISCUSSED NEXT, BUT NOT NECESSARILY IN THE ORDER DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. ? ? CONSENT AGENDA CONSENT 200. Public Works Department - Stormwater Division Requests Approval To Execute Amendment No. (Number) 2 To The Project Agreement With The Natural Resources Conservation Service (MRCS) For The Restoration Of City Waterways Damaged During Tropical Storm Fay. Brief discussion. CONSENT 201. Office Of The City Manager And Finance Department Requesting That The City Commission Adopt Resolution 2009-28 Establishing An Identity Theft Detection And Prevention Program. Brief discussion. CONSENT 202. Community Development Department - Urban Beautification Services Division Requesting The City Commission Adopt Resolution 2009-29, Allowing For The Establishment Of A Pole Banner Program As Approved In Commission Agenda Item 603 On April 13, 2009. Brief comments. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 27, 2009 PAGE 3 OF 20 CONSENT 203. Office Of The City Clerk Requesting Approval Of The April 13, 2009 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE CONSENT." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The City Manager Requesting City Commission Acceptance Of The Comprehensive Annual Financial Report (CAFR), As Presented, For The Fiscal Year Ended September 30, 2008. Ms. Kelly Leary, Auditor, McDirmit Davis and Company, LLC, 605 East Robinson Street, Suite 635, Orlando, Florida: spoke on the City's Comprehensive Annual Financial Report (CAFR). Discussion. "MOTION TO - ACCEPT." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 27, 2009 PAGE 4 OF 20 REPORTS REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese advised the City Commission, "I went back and I met with the Manager and the City Clerk regarding the Posting of Meetings and the City's Policy and Resolution. At the next Meeting, I will be bringing back an Agenda Item to discuss that. As far as preliminarily, we believe that the Policy doesn't need to be changed but I want to go over it again with the Commission and maybe administratively handle things a little bit differently." REPORTS 401. Office Of The City Manager - Kevin L. Smith City Manager Kevin L. Smith mentioned that the City of Oviedo has asked the City Commission to hold their Joint Meeting on Tuesday, May 19,', 2009 and suggested the City Commission reschedule the previously scheduled Budget Workshop to another date. There were no objections to this. With discussion on a new date for the next Budget Workshop, Wednesday, May 271h, 2009 was suggested. Mayor John F. Bush remarked, "Works for me." Deputy Mayor Krebs stated, "That is good for me." Commissioner McGinnis noted, "Good." Commissioner Jean Hovey commented, "Yes." Deputy Mayor Krebs added, "Six p.m." Commissioner Gary Bonner stated, "Agreed." No objections were noted. Next, Manager Smith brought up the issue of red-light cameras. Chief of Police Kevin Brunelle gave an update on Red Light Cameras to the City Commission and advised the City Commission that he was asked to provide statistical data to the City Commission. Deputy Mayor Krebs inquired of Chief Brunelle, "Can you send us that Report?" Chief Brunelle responded, "Absolutely." Commissioner Brown then asked Chief Brunelle, "Is there a time of day, specific?" Chief Brunelle noted, "I can get the specific times for you." Commissioner Brown inquired, "Is there any concentration over a given period of time?" Chief Brunelle said, "I don't have that answer for you - that is another Report that we have to pull from the document." Commissioner Bonner suggested to Chief Brunelle, "When you send the Report, if you could include a refresher - on what that criteria was..." Deputy Mayor Krebs stated, "...That is a good idea...." Commissioner Brown added, "...Okay..." Commissioner Bonner continued, "...If not already, that criteria can be posted to our Website." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 27, 2009 PAGE 5 OF 20 Furthermore, Commissioner Bonner noted, "I am just anticipating a new opportunity to explain this new infraction to our citizens." Chief Brunelle stated, "Absolutely." Discussion. REPORTS 402. Office Of The City Clerk - Andrea Lorenzo-Luaces, MMC No Report. REPORTS 403. Commission Seat Three - Garv Bonner Commissioner Bonner complimented the City's Police Department on their efforts at this past weekend's Flag Football Game. REPORTS 404. Commission Seat Four - Sally McGinnis Commissioner McGinnis asked the City Manager for "An update on our City's Website - the progress that is being made. We had kind of a timeframe - a calendar of progress presented to us and I think it is time to get an update on that." Manager Smith said "Yes." Next, Commissioner McGinnis spoke of the recent fire in the Highlands and commented on the community effort. REPORTS 405. Commission Seat Five/Deputy Mayor - Joanne M. Krebs Deputy Mayor Krebs remarked about the City's Arbor Day and added, "Kudos to the team that put it together. It was really, really nice." Deputy Mayor Krebs then noted, "Thank you Steve (Richart) and Mike (Mingea). It was really, really good!" Secondly, Deputy Mayor Krebs also mentioned last weekend's Flag Football game. Thirdly, Deputy Mayor Krebs brought up the Lock Box program and thanked Attorney Garganese for sharing it with the City of Cocoa. Deputy Mayor Krebs added, "What I think is really neat is that Winter Springs has really been a true leader in getting that information out and just as another plug for something else when you go back to Cocoa, `Project Lifesaver'." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 27, 2009 PAGE 6 OF 20 Fourthly, Deputy Mayor Krebs asked about the possibility of the City having E-PASS transponders on some City vehicles. Discussion followed with Manager Smith who said that he had been advised that transponders needed to be assigned to a specific vehicle and added, "We will take it up the ladder and see if we get a different answer." Lastly, Deputy Mayor Krebs asked about the City Manager position. Commissioner Brown stated, "I can tell you that my preference would be that we just continue him (Kevin Smith) on and keep him in this role without going out to Bid." Commissioner Brown added, "I think Kevin (Smith) has done an outstanding job and I think putting him in this role permanently would be the right thing to do; but we did commit to 180 days - unless we want to bring it back as an Agenda Item and change that." Discussion. Mayor John F. Bush stated, "Kevin (Smith) is still the acting Manager and we have two (2) important positions that are vacant and I don't think we are going to get good applicants until whoever applies knows that our Manager is our Manager." Mayor Bush added, "It is not fair to him to put those kind of responsibilities - three (3) jobs on him here under the circumstances and I think he is doing a great job by the way; so, I am not being critical of him in any way, but, I just think we need to take a good look at this. I am convinced he is doing the job personally and I would imagine most of you feel the same way too. But, I just think that we need to think about this, because - he needs to be able put his Staff together so that we can move forward." Commissioner Brown remarked, "I echo the Mayor"s comments." Furthermore, Commissioner Brown explained, "I was perfectly comfortable with the 180 days and if that was the only position we were looking for, I would be equally comfortable with waiting that time period because I do think Kevin is doing the job. I do think he is fulfilling all the criteria that we had set and I have been extremely happy with the communication; the accuracy of the information he presents; and his involvement with both the Commission and Staff; and watching that interaction happen." Additionally, Commissioner Brown noted, "If we are not going to make this position permanent, how can we possibly fill those other two (2) roles before we have the permanent City Manager in place, because if it is not Kevin (Smith) - I just think it would be fair to let the permanent City Manager pick his Staff and hire his Staff that he is going to be working with; so, I think that would be the only reason why, and I think that is actually a good reason that we may want to look at this before the 180 [days]." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 27, 2009 PAGE 7 OF 20 Deputy Mayor Krebs remarked, "Kevin (Smith) has proven himself. Not just here in City Hall. I mean I hear it with everybody he has even come in contact with, whether it be residents or business people." Further brief comments. Tape 1/Side B Commissioner Bonner commented, "I will echo that all of the tasks and activities that we have been seeing are being performed magnificently by Kevin (Smith) thus far. I don't have any criticism of Kevin's (Smith) role thus far as City Manager. Just to be clear - during this 180 days, there are some rather significant City Manager responsibilities which we will have an opportunity to observe. The number one most critical component is the preparation and the process of developing our Budget, plus the fact that we will be dealing with the challenges that are handed to us by what comes out of Tallahassee and I for one, look forward to observing Kevin's performance as our Interim Manager during these challenges." "I WOULD LIKE TO MOVE THAT WE BRING THIS BACK AT THE NEXT MEETING AS AN AGENDA ITEM FOR DISCUSSION." MOTION BY COMMISSIONER McGINNIS. MOTION DIED FOR LACK OF A SECOND. Commissioner Brown asked Commissioner Bonner, "Do you think that can accurately be done given the fact that our City Manager will be down two (2) critical positions?" Commissioner Bonner responded, "I believe it is an opportunity for us to observe, not only the City Manager in Kevin (Smith), in his performance as our City Manager, but - it is the opportunity for us to observe Staff in their performance during this time of change where Staff is being called upon inevitably by a reduced amount of defined leadership to effectively step up and have a chance to demonstrate themselves to Kevin (Smith) as Acting City Manager as well." Furthermore, Commissioner Bonner noted, "This is a short period of time remaining. There are - some material activities that will take place. I think it is a golden opportunity for us to see the - continued great performance, not only of Kevin (Smith), but to see Staff's performance. In no way, do I want to necessarily add to the burden - I recognize that it is creating additional burden, but I do believe - in answer to your question - I believe that all that needs to be done can be done with the resources that we have available." Commissioner Brown noted, "You are proposing that we evaluate the City Manager on his ability to generate a Budget without a Finance Director or a General Services Director, at his disposal?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 27, 2009 PAGE 8 OF 20 Commissioner Bonner remarked, "I believe that the City Manager is well served by an outstanding Budget Manager; by an outstanding Budget tool - a brand new Budget tool and by a brand new Budget process which has never been practiced by the City before, which is Zero-Based budgeting and therefore this is a new experience for all participants within the Staff, and I think that we are going to see an opportunity for the entire Staff to lend a hand and participate in the process or have a chance to observe how each of them respond to this challenge that we are placing before them. I believe when we get through this in a few months, absent having answered those questions, because I respect the key leadership responsibilities, but one of the things in addition to this Commissioners, that I believe may come out of this, is that in an absence of those defined positions, as the Staff and Acting Manager Smith are putting together this Budget, we may see recommendations that would come forward for potentially a different organizational structure in some way or some element, yet to be known. But, if we go ahead and pigeonhole a business as usual solution, in advance of this 180 day timeframe, I don't think we are creating an environment that will allow that form of creativity to occur, within an organization where quite frankly, everyone is interested in performing well during this time frame. I think it is a great opportunity for us to allow that to occur." "I WILL MAKE THE MOTION AGAIN THAT THIS COME BACK TO US IN TWO (2) WEEKS AS AN AGENDA ITEM FOR DISCUSSION." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: NAY MOTION CARRIED. REPORTS 406. Office Of The Mavor - John F. Bush Mayor Bush thanked Deputy Mayor Krebs for her efforts in getting Staff to the last Tri- County League of Cities Meeting and for winning the trophy. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 27, 2009 PAGE 9 OF 20 Further comments. Mayor Bush telephonically departed the Meeting at approximately 6:09 p.m. REPORTS 407. Commission Seat One - Jean Hovey No Report. REPORTS 408. Commission Seat Two - Rick Brown Commissioner Brown also complimented the great Flag Football Game and said "You represented us well Chief (Brunelle), you and your team." Next, Commissioner Brown added, "Fantastic Arbor Day. Thank you very much Steve (Richart) and Mike (Mingea)." Commissioner Brown also spoke about Project Lifesaver and added, "I think it is a tremendous effort." Lastly, Commissioner Brown thanked the City Commission and the City Manager for the flowers sent to his Mother when she was ill. PUBLIC INPUT Ms. Peggy Allen, 1423 Twin Rivers Boulevard, Oviedo, Florida: commented on the Chamber of Commerce's Beautification Award and the Chamber of Commerce's desire to put signs out in front of businesses; and hoped there would not be any Permit Fee. Brief discussion ensued on current revisions being made to the Sign Ordinance. On the issue of signage, Ms. Allen explained, "It would actually be a wooden sign. We're thinking maybe a two (2) x three (3) sign that would be posted in the front - on the property - in front of their building." Ms. Allen added, "The award winner, yes and it would be done on a quarterly basis. It may not always be in the City of Winter Springs; it may be in Oviedo; it may be in unincorporated areas." Attorney Garganese suggested, "I think you could just treat that as an on-premise sign - just the award winner. I don't even think the revisions to the Ordinance even addresses that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 27, 2009 PAGE 10 OF 20 Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: representing the Planning and Zoning Board/Local Planning Agency, Mr. Lacey suggested some ways to reform the process between the Planning and Zoning Board/Local Planning Agency and the City Commission; including bringing Town Center Zoning under the Planning and Zoning Board/Local Planning Agency; a one (1) step process whenever possible; and the Planning and Zoning Board/Local Planning Agency being accountable for decisions. Discussion. Commissioner McGinnis commented to Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department about "Having the Town Center District be separate, so when you do your Workshop on that, if you would have that rationale - that would be helpful." Commissioner McGinnis added, "Within a short period of time, I think this should come back to us as an Agenda Item and work through this; and you make your recommendations in writing and we will begin to deal with it." Commissioner Brown asked the City Commission about Consensus, "Do we want it to come back to review, or do we want to wait until after the Workshop?" Commissioner McGinnis stated, "I think we have to wait." Deputy Mayor Krebs stated, "After the Workshop." With no objections, Commissioner Brown said to the City Clerk, "Can you put a tickler then in to make sure this gets on the Agenda after the Workshop?" City Clerk Andrea Lorenzo-Luaces stated, "Sure." PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Not Used. PUBLIC HEARINGS 501. Office Of The City Attorney Requests That The City Commission Consider On Second And Final Reading Ordinance No. (Number) 2009-09 Which Would Require That All Candidates For Municipal Election Within Winter Springs To Electronically File Their Campaign Reports With The Seminole County Supervisor Of Elections Utilizing The Electronic Reporting System Established By The Supervisor Of Elections. Attorney Garganese read the Ordinance by "Title" only; and stated, "During First Reading, the Commission directed that this Ordinance - although the Ordinance becomes effective immediately, the Ordinance will not apply retroactively so I added some language to Section 6." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 27, 2009 PAGE 11 OF 20 Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE (ORDINANCE 2009-09)." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Office Of The City Manager Requesting The Commission To Review The Report Of Findings From Phase 1 Of The Forensic Investigation And Provide Direction For Proceeding With Phase 2. Manager Smith introduced this Agenda Item for discussion. Ms. Deede Weithorn, CPA, Associate Director, Berkowitz Dick Pollack & Brant, 200 South Biscayne Boulevard, Sixth Floor, Miami, Florida: addressed the City Commission on the Report. Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE PROCEED WITH ARTICLE A AND INCLUDE IN THAT BUDGET PROCESS DISCUSSIONS FOR B, D, AND E FOR THE UPCOMING BUDGET TO REVIEW THE PROCESSES THAT THE CITY MANAGER PUTS IN PLACE WITH OUR CURRENT CONSULTING AGENCY." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 27, 2009 PAGE 12 OF 20 AS TO COSTS, MS. WEITHORN STATED, IT IS NOT TO EXCEED TWENTY- FIVE BUT IT IS PROBABLY LESS." COMMISSIONER BROWN NOTED, "THE RANGE IS ELEVEN (11) TO TWENTY-FIVE (25)." MS. WEITHORN ADDED, "IT IS NOT TO EXCEED." COMMISSIONER McGINNIS STATED, "I WOULD SUPPORT CONTINUING WITH OUR PRESENT CONSULTANT." VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Ms. Weithorn then asked about a time frame for completion; to which Deputy Mayor Krebs stated, "Just work with Kevin (Smith) on that." Commissioner Brown added, "The sooner the better so we can move on." Manager Smith left the Commission Chambers at 6:45 p. m. REGULAR 601. Office Of The City Manager Requesting Acceptance Of Investment Report For Quarter Ended March 31, 2009 As Prepared And Presented By PFM Asset Management LLC. Mr. Steven Alexander, Managing Director, CTP, CGFO, The PFM Group, 300 South Orange Avenue, Suite 1170, Orlando, Florida: addressed the City Commission. Tape 2/Side A Discussion. Manager Smith returned to the Commission Chambers at 6.54 p.m. With further comments, Mr. Alexander noted, "So that everything that we've purchased is in Compliance with your Investment Policy, both from a permit investment standpoint and an asset allocation presentation - we're working closely with the City to make sure that we're in Compliance on a regular basis." Discussion. Mr. Alexander stated, "I support Kevin (Smith) in your decision - he has been awesome to work with. We really appreciate working with him!" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 27, 2009 PAGE 13 OF 20 ? ? AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. --4-4- REGULAR AGENDA REGULAR 606. Community Development Department Requests The Commission Consider A Conceptual Plan For A 201 Unit Apartment Complex On 10.32 Acres Within The Town Center. Mr. Stevenson introduced this Agenda Item for discussion. Mr. Scott Culp, Executive Vice President, Atlantic Housing Partners, LLLP, 329 North Park Avenue, Suite 300, Winter Park, Florida: spoke on this project. Members of the City Commission commented on the "Elderly" section. Discussion. Commissioner McGinnis asked when they would break ground? Mr. Culp stated, "The application process of the State is extremely competitive and it will take us through - at the earliest, September of this year to be awarded an allocation from the State. At the latest, probably December of this year. We would start as soon as we could pull Permits after that." Mr. Culp added, "We have about 150 of these communities, a little over 30,000 apartment homes. Over a 100 of those are in Florida." Further discussion. Commissioner McGinnis asked Mr. Culp, "Do you have on-site management?" Mr. Culp responded, "Always. Barbara Schutte here represents Concord Management [LTD.]. We only use our own management company. We don't hire third party managers. We have our own employees that live on site; so that the management lives there; the maintenance management lives there, and these are typically people that are hired right here from this community." Commissioner Brown asked about the Castle Woods Development in the City of Casselberry; and spoke of his concerns with crime at that community. Commissioner Brown then suggested "I would like us to proceed with extreme caution." Mr. Culp stated, "I hope as we walk through this process, we can work with you on some of those things like neighborhood watch; and courtesy officers. We like to actually give to some of your Officers the housing so they are actually living there, bringing their patrol units home in the evenings; helping us with some of the - circulation, as far as walking the property because that is important to us. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 27, 2009 PAGE 14 OF 20 We own the asset long-term; we don't sell the asset. We're not a merchant builder. We have to keep it for a certain period of time under this program. We've never sold any of our communities. So, it is important to us that we never get that blight." With further comments on recreational amenities, Mr. Culp explained, "Two (2) totally separate recreational amenities, although we do allow the seniors to share the family side, we don't allow the families to share the senior side." Discussion. Commissioner Brown noted, "When this is over, I will probably make a Motion or ask for Consensus that we have our Chief of Police pull the statistics from Legends, which is a high density development in our City and the other properties that this company manages in Oviedo and out by the Mall at Millenia; because I think it is very relevant when you are talking about potentially introducing a high crime situation into a developing business area of your City - I think it is extremely relevant when you are talking about the safety of our citizens." Ms. Barbara Schutte, Regional Manager, Concord Management, LTD., 1551 Sandypur Road, .Maitland, Florida: spoke on the screening process. Tape 2/Side B With discussion, Ms. Schutte stated, "I have the same type of statistics that prove that - over seventy-one percent (71%) of all crime that happens in a multi-family history or traditional community is from outside residents, not our residents; and that is something that I can lay-out on paper, for even Castle Woods; maybe not the seventy-one (71), but very close, it's over fifty percent (50%) even at Castle Woods. They're not even our residents, they are outside people coming on the community and not being good neighbors." Commissioner Bonner then asked Ms. Schutte, "If you have a problem in one of your communities with one of your residents, does your Lease Agreement - do you practice removing those individuals from the property, revoking leases, and so on and so forth?" Ms. Schutte responded by saying, "Very much so. It is a requirement of the program, our finance program with the State of Florida that we uphold that in a very serious manner." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 27, 2009 PAGE 15 OF 20 Commissioner Bonner suggested to Ms. Schulte, "We are blessed with a really exceptional community Policing relationship within this City, and that is demonstrated monthly in the Police Department hosting citizen groups to a collective meeting. I would encourage you, as you put together your community plan for - this Development in our City, that you possibly entertain how your Development might be able to actively participate in that ongoing community relationship organization that are Police Department has already established." Ms. Schulte stated, "We'd be proud to participate in that." Further discussion. Commissioner McGinnis suggested, "I encourage everyone to go to Oviedo; to the Mall at Millenia - you will send a Memo, give us specific addresses that would be helpful." Commissioner Brown then asked Mr. Culp, "If you take your communities, and compare them against other high density communities in the cities that you are in, how is your crime rate?" Mr. Culp responded, "I think that is a very valid point" and spoke of a community in Palm Bay, Florida. Mr. Culp added, "Every community has some crime. Our communities, each of them have right around 300 calls during that time frame that I reviewed." Mr. Culp noted, "We'll work with you. We'll work with the City; work with your Police Chief to help develop those programs to the highest level you want them." Furthermore, Mr. Culp stated, "Anything that we can do to work with the City to make sure that happens, we want it." Mr. Stevenson added, "What they are asking tonight is approval of a Concept Plan - along with that, part of their Application requires the City to sign off stating just that - that they have Concept Plan Approval; so, I want the Commission to be well aware that if we move forward tonight, that one of the things you are authorizing is for your Staff to sign off that they have Concept Plan Approval on their finance package." Commissioner McGinnis said to Mr. Stevenson, "I understand that is - to move forward State level. Is that correct?" Mr. Stevenson responded, "Yes." "I MOVE THAT WE ACCEPT THE SUBMITTED CONCEPT PLAN." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 27, 2009 PAGE 16 OF 20 COMMISSIONER BROWN SAID, "I WILL NOT BE VOTING IN THE AFFIRMATIVE UNTIL WE HAVE THE STATISTICAL DATA BACK FROM THE COMMUNITIES WHERE THEY HAVE THEIR DEVELOPMENTS IN OPERATION." VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: NAY COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. REGULAR 602. Community Development Department - Arbor Division Requesting The City Commission Review Information Concerning The City's Arbor Ordinance, The Arbor Permitting Process And Code Requirements For Tree Removals, As Discussed At The March 23, 2009 Commission Meeting Under Item 405. Mr. Stevenson introduced this Agenda Item. Mr. Mike Mingea, Arborist, Community Development Department addressed the City Commission on the Arbor process. Discussion. Commissioner McGinnis asked Mr. Mingea, "You did mention that there are some issues that you might like to tweak in this Code; or some things you don't quite agree with; so, I think maybe it would be a good idea if you would present those to us at some time with your rationale and let us look at that." Continuing, Commissioner McGinnis noted, "But, if you have some things that you would like to see, you worked with it all these nine (9) years - so, if you could do that and bring it to us as an Agenda Item? Agreed? Is there Consensus on that?" Deputy Mayor Krebs remarked, "I would like to hear what he has to say." Commissioner Hovey and Commissioner Bonner nodded in agreement. No one voiced an objection. Mr. Mingea added, "We're more than willing to host a Workshop or anything that you need or you can meet individually - if you call and make an appointment. Glad to meet with you." Deputy Mayor Krebs stated, "That is a good idea if anybody has any questions." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 27, 2009 PAGE 17 OF 20 Mr. Stevenson then noted, "What you will see Commission, is this come back as a series of our Code Revisions. It's going to be incorporated into that." Commissioner Bonner complimented Mr. Mingea and said, "Your Permit process is probably the finest example of a Permit process that we have in the City." Commissioner Brown also complimented Mr. Mingea and noted, "Nice job." REGULAR 603. Not Used. REGULAR 604. Community Development Department - Urban Beautification Services Division Requesting The Commission Review Conceptual Banner Designs For Thirteen (13) Signalized Intersections Included As Part Of A Pole Banner Program Approved At The April 13, 2009 Commission Meeting Under Agenda Item 603. Mr. Steve Richart, Urban Beautification Services Division, Community Development Department addressed the City Commission. Deputy Mayor Krebs suggested that instead of the "50 Years" to use `Incorporated in 1959'." Commissioner McGinnis mentioned that Blumberg Boulevard and fountains were great ideas for Banners, as was a "Vista". Deputy Mayor Krebs noted, "Write down "`Vista'." Commissioner McGinnis also recommended that "50 Years of Excellence" would be great, and suggested using fewer words, to make it easier for drivers passing by. Deputy Mayor Krebs liked the phrase, "City of Excellence." Commissioner Hovey suggested the wording, "Incorporated 1959". Tape 3/Side A Commissioner Bonner suggested that citizens and the Beautification of Winter Springs Board could assist in designing future Banners. Mr. Richart commented on the template for the secondary Banner and noted they wanted to move forward, "So, we can go and order these tomorrow, and then we get our citizen advisory people involved and they help us with our next revision." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 27, 2009 PAGE 18 OF 20 Furthermore, Mr. Richart stated, "I can make these decisions. I would just say, be prepared to live with what I come up with." Commissioner McGinnis commented, "I know." Deputy Mayor Krebs stated, "I am prepared to live with it." No objections were noted. Deputy Mayor Krebs asked for the Commission's preference for the "layout". Deputy Mayor Krebs stated, "I am 2." Commissioner Hovey remarked, "I am 2." Deputy Mayor Krebs added, "I am just talking about the wave. I am not talking about what is in between it." Commissioner Brown remarked, "I can go 2." Deputy Mayor Krebs summarized, "The 2's have it." REGULAR 605. Parks And Recreation Department Requests That The City Commission Review The Current Detailed Plan Regarding The July 4 Celebration Of Freedom/City Of Winter Springs 50th Anniversary And Provide Staff With Direction As Deemed Appropriate. Mr. Pula introduced this Agenda Item. Discussion ensued. Commissioner Brown commented for the Record that his company should not have been listed as a Beer Vendor. Discussion continued. The Police Department's band "1770" was noted as entertainment, to which Deputy Mayor Krebs suggested, "We need to promote that really good." Deputy Mayor Krebs asked if "VIP" could not be used, and Manager Smith suggested using the term, "Hospitality." Deputy Mayor Krebs said, "Yes." As to something other than "VIP" parking, Manager Smith suggested that the wording - "Reserved" parking was a better choice. Security, coolers, and backpacks were then addressed by Chief Brunelle. Discussion. Commissioner Bonner noted, "If we have another City Newsletter which will go out prior to the 4th of July Event, and I suspect we do; perhaps we could include those security discussions and an explanation of cooler restrictions and backpack restrictions and so on; at least get the communication flowing so that folks can plan accordingly." Commissioner Hovey suggested, "In our water bills too." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 27, 2009 PAGE 19 OF 20 Discussion followed on possible charges. Deputy Mayor Krebs stated, "I don't have a problem charging." Commissioner McGinnis noted, "Me too." Commissioner Bonner also said, "Me too." No objections were voiced. Commissioner Bonner recommended that a parking fee might be more accepted. Deputy Mayor Krebs summarized, "We wouldn't mind having a charge; we would like a charge actually, and then your team can come back with the best solutions as far as it is either going to be parking or at the gate." Mr. Pula remarked, "Be glad to discuss it in our next meeting. Great meetings and again, I thank the City Manager for them. His input and being a part of it has really been nice." In other City business, Commissioner McGinnis mentioned that the new LYNX bus route has started, and said to Mr. Charles Lacey in the audience, "Please bring that up to the Chamber. Ask them to maybe take a bus ride." Further discussion. Commissioner Hovey recognized nine (9) year old student Samantha Reviczky who was in the audience tonight. Attorney Garganese stated, "The [Police] Chief mentioned that we were going to go live on the red light cameras and the Ordinance establishing the red light infraction program requires a Resolution of the Commission before that goes live." Attorney Garganese then read Resolution 2009-31 into the Record. "MOVE TO APPROVE [RESOLUTION 2009-31]." MOTION BY COMMISSIONER BROWN. SECONDED. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Commissioner McGinnis also mentioned that a former local news reporter had joined the Army and noted that the City Commission wished him well. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 27, 2009 PAGE 20 OF 20 ADJOURNMENT Deputy Mayor Krebs adjourned the Regular Meeting at 8:48 p.m. RESPECTFULLY SUBMITTED: V/-' ANI?REA LORENZO-LUACES, MMC CTtY CLERK APPROVED: Y.AYOR JOHN F. BUSH NOTE: These Minutes were approved at the May 11, 2009 Regular City Commission Meeting.