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HomeMy WebLinkAbout2009 06 08 Consent 204 Approval of May 26, 2009 Special MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 26, 2009 CALL TO ORDER The Special Meeting of Tuesday, May 26, 2009 of the City Commission was called to Order by Mayor John F. Bush at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor 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. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Proiects. No discussion. INFORMATIONAL 101. Parks And Recreation Department Wishes To Inform The City Commission Regarding The July 4 Celebration Of Freedom/50tb Anniversary. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 26, 2009 PAGE 2 OF 27 Deputy Mayor Joanne M. Krebs said, "Good job, Chuck (Pula, Director, Parks and Recreation Department). Good job, Kevin (L. Smith, City Manager). I know that it has been really difficult - to pull together that much money in such a short period of time, is phenomenal, so thank you to your team Kevin (Smith), Chuck (Pula)." Further discussion followed with Chief of Police Kevin Brunelle on coolers. INFORMATIONAL 102. Community Development Department Providing Information To The City Commission Detailing The Area ID Numbers For The Three (3) Seminole Economic Enhancement Districts (SEED) Brownfield Area Designations That Were Approved By The Commission In August, 2008. Those Areas Are The Town Center, GreeneWay Interchange, And Village Walk SEED (Seminole Economic Enhancement District)/Brownfield Areas. There was no discussion on this Agenda Item. "MOTION TO APPROVE" [INFORMATIONAL AGENDA]. MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Police Department Requesting Commission Approval For Expenditure Of Funds To Purchase Two Replacement Vehicles For The Police Department Out Of The Supplemental Appropriation General Fund Reserve Funds. Discussion. Manager Smith spoke for the Record and explained, "Utilizing State Contract, or the Florida Sheriff's Association contract is a Bid process. They have gone through the Bid process back in the summer of last year, and doing so, it just alleviates us incurring the cost to go through it." L`~"_ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 26, 2009 PAGE 3 OF 27 "MOTION THAT WE EMPOWER THE MANAGER AND THE CHIEF TO GO OUTSIDE OF THE STANDARD CONTRACT TO GET A BETTER VALUE ON TWO (2) REPLACEMENT VEHICLES FOR THE CITY." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. CONSENT 201. Public Works Department Requests City Commission Authorization To Approve Resolution 2009-35 And Enter Into A Local Agency Program Agreement With The Florida Department Of Transportation For Construction Of A Right-Turn Deceleration Lane On S.R. (State Road) 434 Eastbound At Hayes Road. Brief discussion. CONSENT 202. Public Works Department Requests City Commission Authorization To Approve Resolution 2009-36 And Enter Into A Local Agency Program Agreement With The Florida Department Of Transportation For Construction Of A Right-Turn Deceleration Lane On S.R. (State Road) 434 Eastbound At Vistawilla Drive. This Agenda Item was not discussed. CONSENT 203. Public Works Department Requests City Commission Authorization To Approve Resolution 2009-37 And Enter Into A Local Agency Program Agreement With The Florida Department Of Transportation For Construction Of Intersection Safety Improvements On S.R. (State Road) 419 At Wade Street. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 26, 2009 PAGE 4 OF 27 CONSENT 204. Office Of The City Clerk Requesting Approval Of The May 4, 2009 City Commission Special Meeting Minutes. ~~ No discussion. CONSENT 205. Office Of The City Clerk Requesting Approval Of The May 11, 2009 Regular City Commission Meeting Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE" [REST OF CONSENT AGENDA]. MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor Presenting A Proclamation Recognizing Code Enforcement Officer Week. Mayor Bush with the assistance of Manager Smith and Chief Brunelle presented a Proclamation to the City's Code Enforcement Staff. Members of the Code Enforcement Board that were in attendance were also recognized. AWARDS AND PRESENTATIONS 301. Community Development Department Presentation By Ms. Chris Blackwell, PTA (Parent Teacher Association) President Of Indian Trails Middle School To Discuss LED School Suns. Ms. Chris Blackwell with Indian Trails Middle School addressed the City Commission. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 26, 2009 PAGE 5 OF 27 Discussion. Manager Smith explained, "Our current Code would not allow signs of this type -the blinking or non-blinking, static versus non-static, size of the letters, those would all be R things that you could discuss at the time that you decide if you're going to change your °°°"' Code to allow these type signs." With further discussion, Ms. Blackwell stated, "Our Fiscal Year ends June 30~' and I would appreciate it if there would be some decision made before that time, so that we could actually do it within this year." Commissioner Rick Brown asked why we can't give a Waiver to schools? City Attorney Anthony A. Garganese suggested, "Let Staff come back and propose something that is, in the overall context of the City, gets the job done. That would be my recommendation. But a 6/30/09 deadline, I don't see as happening because it has to go to the Land Planning Agency for review, and come to the Commission for two (2) Hearings." Furthermore, Attorney Garganese noted, "Staff is examining the possibility of LED (Light Emitting Diode) or some electronic sign outside of City Hall; and so that is already in the works." Attorney Garganese added, "I am not saying you can't restrict it solely to governmental entities. That's an issue we would have to examine in the context of government speech doctrine. We'll take a look at that." Mayor Bush said, "I think what you could do Chris (Blackwell) in the interim though is work with Staff on this, because they will be writing up the change in the Code that will come back to the Commission; so, you would have a good idea, how it is going to go." Ms. Blackwell responded, "Okay." Mayor Bush said to Manager Smith, "Does that sound okay to you?" Manager Smith said, "Absolutely, Mayor. And, Chris (Blackwell), again, we'll work with you. It is just - we have to be diligent about this process for the good of everyone." Further comments. Manager Smith said, "Mayor, I was just going to remind the Commission that we are currently pursuing this as part of bringing back a Budget item for you on a potential sign out in front of City Hall. If it's acceptable to the Commission, we'll wrap that all into one package." Commissioner McGinnis stated, "Good." No objections were voiced. CITY OF WINTER SPRINGS, FLORIDA MINUTES CTI'Y COMMISSION SPECIAL MEETING -MAY 26, 2009 PAGE 6 OF 27 REPORTS REPORTS 400. Office Of The City Attorney -Anthony A. Garganese, Esquire Attorney Garganese mentioned that in the Orlando Business Journal, "Winter Springs Bond Rating was upgraded to AA- from A+, based on continued strong debt service coverage provided by pledge revenues, no further plans to leverage the security and strength of the City's financial position." Brief discussion followed on Jesup's Reserve. REPORTS 401. Office Of The City Manager -Kevin L. Smith No Report. REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, MMC No Report. REPORTS 403. Commission Seat Five/Deputy Mayor -Joanne M. Krebs Brief comments were noted by Deputy Mayor Krebs. REPORTS 404. Office Of The Mayor -John F. Bush Mayor Bush noted that the City of Winter Springs again won the Traveling Trophy for attendance at the Tri-County League of Cities Meeting last week. Discussion followed with Mr. Brian Fields, P.E., City Engineer, Public Works Department about an email and photographs were shown of flooding at 109 Lido Road. With further comments, Mayor Bush said to Mr. Fields, "I think you talking to him is probably the best idea. You do a good job at that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 26, 2009 PAGE 7 OF 27 REPORTS 405. Commission Seat One -Jean Brief comments. Commissioner Jean Hovey thanked "Parks and Rec[reation] and Chuck (Pula) and his group -after spending four (4) months plus at Central Winds Park, it is a great park and I know that the people that were there -thanks for the recycle bins. I know that people used them and we appreciate all that you guys do because it is a great place to play baseball." REPORTS 406. Commission Seat Two -Rick Brown Commissioner Brown said to Manager Smith, "I got a couple of comments this week from the Website and about the changes that have been made. Very positive. Thank you." Manager Smith added, "Thanks to Joanne (Dalka, Director, Information Services Department) and her staff; Chris (Edwards, Web, Multimedia Technician, Information Services Department) and everyone for their efforts." Secondly, Commissioner Brown commented to Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department on the LYNX bus stops. Tape I/Side B Ms. Sahlstrom said to Commissioner Brown, "I can email you a copy of it, if you'd like?" Commissioner Brown responded, "That would be great." Manager Smith said to Ms. Sahlstrom, "Could you just email all the Commissioners?" Thirdly, Commissioner Brown commented on meeting conflicts. Lastly, Commissioner Brown said to Mr. Fields, "Thank you very much for following up on the issue in the [Tuscawilla] Trails" -related to Pawnee Trail. Commissioner Brown added, "That was great information you gave him. Thank you." REPORTS 407. Commission Seat Three -Gary Bonner Commissioner Gary Bonner commented on City Commission Meeting conflicts this month; and a meeting he was attending on June 160i with Staff at the Heritage Park Homeowner's Association Meeting. ~s ~- Brief comments. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 26, 2009 PAGE 8 OF 27 "I WOULD LIKE TO MAKE A MOTION THAT HARRY ARTHUR BE APPOINTED TO FILL THE VACANCY ON THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT [ADVISORY COMMITTEE]." MOTION BY "`"°"'~ COMMISSIONER BONNER. SECONDED. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Next, Commissioner Bonner commented on Economic Development and Seminole Economic Enhancement Districts (SEED). Discussion. "I MOTION THAT WE DIRECT THE MANAGER TO INITIATE CREATION OF AN ECONOMIC DEVELOPMENT PLAN FOR EACH OF THE THREE (3) SEMINOLE ECONOMIC ENHANCEMENT DISTRICTS (SEED), MEANING THE TOWN CENTER DISTRICT; THE (VILLAGE]-WALK DISTRICT; AND THE GREENEWAY INTERCHANGE DISTRICT." MOTION BY COMMISSIONER BONNER. MOTION DIED FOR LACK OF A SECOND. Next, discussion followed on the proposed Town Parke Apartment project and potential reduced tax revenues and Commissioner Bonner stated, "The Manager has learned that these units will pay taxes based on their revenue or rental rate to say it another way, not on their property value." Further discussion. Attorney Garganese said, "Because it was an Application that was presented, it would be inappropriate for the Commission to rescind or modify the previous decision on that Application, without affording the Applicant the opportunity to come before you, like they did last time, when you reconsidered it. That was the comment. So, it would be inappropriate to rescind it; and as Commissioner Bonner is alluding to, from a general Policy perspective, there are opportunities for the Commission to set certain Policy. How that plays out with that specific Application, retroactively, is another issue, but perspectively, you have a couple of opportunities before you to consider Policy." Much discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 26, 2009 PAGE 9 OF 27 Commissioner Brown mentioned that he thought that the City Manager did not have enough information to go forward with an Economic Development Plan, and asked if this should come back as a Workshop? Attorney Garganese remarked, "You have to provide some accommodation for all types ~~ of housing within the City and you are going to be getting into the EAR (Evaluation and Appraisal Report) process and that is why I said, you need to take a real good look at what you're getting ready to do in establishing housing Policy because that is going to be a Policy of the City." Tape 2/Side A Further discussion. Manager Smith added, "Should we be successful in our joint partnership with Oviedo on Economic Development or whatever mechanism we utilize to procure an Economic Development person, that will be on their work program." Discussion. REPORTS 408. Commission Seat Four -Sally McGinnis Commissioner Sally McGinnis commented on LYNX. Next, Commissioner McGinnis mentioned that she thought the Joint Meeting with the City of Oviedo went well. • • AGENDA NOTE: THE FOLLOWING ADDITIONAL "PUBLIC INPUT" WAS DISCUSSED NEXT, AS DOCUMENTED. • • REPORTS REPORTS 404. Office Of The Mayor -John F. Bush Mayor Bush mentioned that he had been asked to declare a day in honor of a local business owner and thought the City Commission should approve such an action. Mayor Bush added, "If there is no objection, we will go ahead and do something, it just won't be a day listed for that person." CITY OF WINTER SPRINGS, FLORIDA MINUTES CTI'Y COMMISSION SPECIAL MEETING -MAY 26, 2009 PAGE 10 OF 27 A Certificate of Recognition was suggested and Mayor Bush added, "If there is no objection to that, then that is the way we will handle this one." Deputy Mayor Krebs stated, "No objection." Commissioner McGinnis added, "I agree with you." Mayor Bush said to the City Clerk, "Andrea (Lorenzo-Luaces), will you follow up on that for me, and I will be glad to go present it and read it and so forth?" City Clerk Lorenzo- Luaces nodded in agreement. PUBLIC INPUT Ms. Leah Weisman, 113 Brookshire Court, Winter Springs, Florida: spoke on behalf of the Friends of Leash Optional Parks and commented on their concern with the status of the Dog Park and a matching Grant. Ms. Weisman suggested that if the City was not going to go through with the Grant, that they would like their monies back. Mayor Bush asked Manager Smith, "Is this going to be discussed in our Budget meeting?" Manager Smith answered, "Absolutely." Ms. Weisman, "The question is, since you signed the Grant, you can un-sign it? Because it was a signed agreement, I thought." Manager Smith stated, "Yes." Ms. Weisman added, "If it's really not considered to be going on, our group would rather have our money back and donate it to another charity -although we -didn't want to do that." Further comments followed with Mr. Pula who said, "I would really like a decision to be made this summer, whether to proceed with the project?" Mayor Bush then asked, "Will this be something we discuss tomorrow night or just further down the road? Manager Smith responded, "I had not intended to discuss it tomorrow night, Mayor. I intended to discuss it further down the road." Mayor Bush then said to Manager Smith, "Would you let Leah (Weisman) know when we are going to bring that up in our Workshop?" Manager Smith stated, "Sure." Deputy Mayor Krebs suggested to Manager Smith, "There may be some other opportunities for -the Dog Park." Deputy Mayor Krebs added that she would speak with the City Manager about this. „.e..~, ~~ Mr. Arsenio Calle, 110 Arrowhead Court, Winter Springs, Florida: commented on subsidizing and being fair to all. CTI'Y OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 26, 2009 PAGE 11 OF 27 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS r~ 500. Community Development Department Presents A Resolution (Resolution No. [Number] 2009-34) To The Commission To Vacate And Abandon A Portion Of A Utility Easement On A Residential Lot At 1137 Dappled Elm Lane, Pursuant To The Provisions Of Section 17-27. Of The City Code. Attorney Garganese read Resolution 2009-34 by "Title". Mr. John Baker, AICP, Senior Planner, Community Development Department addressed the City Commission on this project. Mayor Bush opened the "Public Input" portion of this Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of this Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing To Consider Recommendations From The Local Planning Agency On Amendments To The Adopted Future Land Use Map And To The Text Of The Comprehensive Plan Based On The City's Adopted Evaluation And Appraisal Report And To Forward The Proposed Amendments To The Florida Department Of Community Affairs As Included In Ordinance 2009-08. "MOVE TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 26, 2009 PAGE 12 OF 27 VOTE: DEPUTY MAYOR HI2EBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE -~~~ n~r~ .~ COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Manager Smith left the Commission Chambers at 7: 07 p. m. Attorney Garganese read the Ordinance by "Title" only. Ms. Sahlstrom noted, "We have a Citizen Courtesy Information List, if anybody in the public wanted to receive information from the State, please fill out this form; it's out there in the lobby. We're just required to make that Notice available to you." Further comments were made by Ms. Sahlstrom. With discussion, Commissioner Bonner suggested, "Is there a way to craft the language in such a way so that it is flexible to come into Compliance with future plans. So, if we decide that the Town Center District needs percentage `a', and we decide that the SeminoleWAY District needs percentage `b', we can actually allow the Comprehensive Plan to flex to those future decisions." Attorney Garganese explained, "From that perspective yes -you can establish policies in the Comprehensive Plan that require the City to do something else, like establish a Plan and that plan control is under the Comprehensive Plan. So, basically, you are directing that something else be done that will implement Policy of the Comprehensive Plan. That can be done - in terms of what you are talking about, what's the most effective of workforce housing or affordable housing program for the City of Winter Springs?" Continuing, Commissioner Bonner noted, "Under your guidance, if we could Amend this language so that it would be flexible for the by-product of future planning efforts?" Attorney Garganese mentioned he would have to review this in consideration of the other Policies. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: spoke as a resident and mentioned that in the current Comprehensive Plan, is language that states, "Discourage the concentration of affordable housing". Mayor Bush closed the "Public Input" portion of the Agenda Item. CTI'Y OF WINTER SPRINGS, FLORIDA MINiJTES CITY COMMISSION SPECIAL MEETING -MAY 26, 2009 PAGE 13 OF 27 Commissioner Brown asked if verticality issues had been addressed? Ms. Sahlstrom stated, "We do have a cap in the Town Center of -six (6) stories." Commissioner Brown added, "We may want to look at that as well." ~:` ~v "I WOULD JUST MAKE A MOTION TO POSTPONE THIS TO -JUNE 8Tx, (2009)." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR BUSH REFERENCED TO MR. LACEY'S COMMENTS AND SUGGESTED, "YOU MIGHT WANT TO DEFINE WHAT CONCENTRATION MEANS. WHAT CONSTITUTES A `CONCENTRATION'." MAYOR BUSH ADDED, "MAYBE SOME KIND OF A DEFINITION OF `CONCENTRATION'." MAYOR BUSH THEN REFERENCED, 1.3.8:, "WHAT DO YOU MEAN BY A `WIDE VARIETY'?" FURTHERMORE, MAYOR BUSH STATED, "YOU NEED TO QUANTIFY WHAT A `WIDE VARIETY' MEANS." ATTORNEY GARGANESE MENTIONED, "YOU WANT MORE SPECIFICITY IN THE COMPREHENSIVE PLAN BECAUSE YOUR COMPREHENSIVE PLAN CONTROLS THE DEVELOPMENT OF THE CITY, IF THERE ARE ANY OTHER CONFLICTING PLANS." CONTINUING, ATTORNEY GARGANESE NOTED, "WE'LL GO BACK AND TAKE A LOOK AT THIS IN THE CONTEXT OF OUR DISCUSSION TONIGHT REGARDING WORKFORCE HOUSING AND CONCENTRATION; DISCOURAGING CONCENTRATION, WHICH IS ALSO - A PROVISION IN THE STATE STATUTE, THAT'S WHERE THAT COMES FROM. IT'S LOOKING FOR MORE OF AN INTEGRATED APPROACH; BUT, MAYBE WE NEED TO HONE IN ON THAT ISSUE A LITTLE BIT MORE AND BRING SOMETHING BACK TO THE COMMISSION." MAYOR BUSH THEN ASKED, "ARE THERE ANY OTHER QUESTIONS ON THE COMPREHENSIVE PLAN OTHER THAN THE ONE WE BROUGHT UP?" COMMISSIONER McGINNIS REMARKED, "NO." DEPUTY MAYOR KREBS STATED, "NO." NO OBJECTIONS WERE VOICED. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Commissioner McGinnis left the dais at 7:22 p. m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 26, 2009 PAGE 14 OF 27 PUBLIC FIEARINGS 502. Office Of The City Attorney And Community Development Department Request The City Commission Hold A Public Hearing For First Reading Of Ordinance No. (Number) 2009-03, Amending Chapters 16 And 20 Of The City Code, As They Relate To The Signage. Mayor Bush asked, "Can we have a `Motion' to read by `Title' only?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE (VOICE VOTE AUDIBLE FROM THE ROOM BEHIND THE DAIS) MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Commissioner McGinnis returned to the dais at 7.•23 p. m. Mr. Baker introduced this Agenda Item for discussion. Mayor Bush opened Public Hearing on this Agenda Item. Ms. Laura Rodziwicz, Governmental Affairs Coordinator, Orlando Regional Realtors Association, 1330 Lee Road, Orlando, Florida: thanked the City Commission for their consideration. Mayor Bush closed Public Hearing on this Agenda Item. "I WOULD LIKE TO MAKE A MOTION TO MOVE TO SECOND READING." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. rte., ~~:2 ~..~'' ~- CTI'Y OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 26, 2009 PAGE 15 OF 27 Mayor Bush called a Recess. ,;~:.:; ~`~...r.~svwd.~p The Regular Meeting Reconvened. ~;~;~~~ Mayor Bush mentioned an upcoming Tuscawilla Homeowner's Association Meeting on June 11, 2009 and that they wanted to discuss the Town Parke apartments project. With discussion on Sunshine Law issues, it was suggested that Ms. Pam Carroll, Tuscawilla Homeowner's Association President could address this issue for her membership. Mayor Bush said the City would be in touch with Ms. Carroll. Note: Due to technical d~culties with Tape 2/Side B, the next audiotape was used. Tape 3/Side A REGULAR AGENDA REGULAR 600. Information Services Department Requests Direction From The Commission Regarding A Request From Florida By Day & Night To Use The City Seal On Their Website. Mr. Edwards addressed the City Commission on this Agenda Item. Discussion. Commissioner Brown remarked, "I think it is a great argument toward having a logo, that we can use for marketing purposes..." Deputy Mayor Krebs added, "...Absolutely...." Commissioner Brown continued, "...As opposed to using our -Seal." "MOTION TO DENY." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 26, 2009 PAGE 16 OF 27 REGULAR 601. Office Of The City Manager Providing The Commission With The City's Fiscal Year 2009 2"d Quarter Financial Report. ~..~ Manager Smith explained, "My ultimate goal would be to have this item be on ~ Informational each time" and noted that future Reports would include more information. Discussion. Mayor Bush then said, "So, it will be under Informational in the future. Is that okay with the Commission?" Commissioner McGinnis stated, "Yes." No objections were voiced. Commissioner Brown added, "Great job!" REGULAR 602. Community Development Department And Parks And Recreation Department Wish To Provide The City Commission A Proposal For Modifications To The Existing Farmer's Market And Procedures For The Continued Operation Of The Market. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department introduced this Agenda Item for discussion. Discussion. Deputy Mayor Krebs suggested, "I really would like to see a [Business] Plan. With further comments, on the issue of restrooms, Mr. Stevenson noted, "One of the criteria and one of the recommendations for locating it in front of City Hall -was to allow access to our two (2) rest rooms in City Hall." Much discussion ensued, including discussion on craft items. Ms. Anjie Federici, 752 Night Owl Court, Winter Springs, Florida: addressed the City Commission on this issue, and stated, "I have not ever had air-brushed t-shirts or anything like that at a Farmer's Market. Flea Market items need to stay at the Flea Market. We wouldn't have anything like that at a Farmer's Market. We do have a lady that does custom sewing. She really doesn't make clothing, she'll make like the aprons, especially the sports aprons that say `Miami Dolphins', or the `Cowboys' or whatever; and she'll do a couple of things like that. She makes like the card-holders for the people who play cards and she does knitting and sewing and I have had people that knit sweaters that come out there." Ms. Federici added, "No tattoos - no hubcaps." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 26, 2009 PAGE 17 OF 27 Commissioner McGinnis asked, "Is there an evaluation period built into this at some :.,~.:: point?" Attorney Garganese stated, "Yes." ~^=" ~,:~, ==..:~ :~:, . Manager Smith also noted, "A Termination clause." Mr. Stevenson added, "I would think that would be part of the Contract that we would be looking at. Yes." ~~ Discussion. Mr. Stevenson said, "I would certainly think Commissioner, that part of the Marketing Plan and the Business Plan is going to be a break-even establishment." Additionally, Mr. Stevenson stated, "We would certainly agree with the Commission that during this period of time, that we would need to establish a fairly detailed Business Plan." On the issue of a Business Plan, Mr. Stevenson noted, "I would certainly think that would be something we would look at and want to have in place prior to this move to our permanent location, essentially the first Saturday in October." Further discussion followed on other Farmer's Markets and possible liability situations such as health and food problems. Mr. Stevenson stated, "Until said time as they move onto City property, my understanding is you would retain your current contractual insurance coverage with the Vendors, with the Town Center Merchants Association. When they come to the City, I believe it would go under our liability insurance and of course, we're requesting any food Vendor, not only have their BTR (Business Tax Receipt) from the County, but they have all of the proper State requirements and local requirements for food vending." Commissioner McGinnis asked, "You will check those every..." Ms. Federici said, "...Absolutely." Attorney Garganese remarked, "For City events, like 4th of July event, we have created a Vendor Contract Agreement, where they're required to sign it, indemnify, hold the City harmless, any liability related to their services. We probably should do the same thing for these Vendors as well, under this new approach." Commissioner McGinnis commented, "I would recommend that." No objections were voiced. Further comments followed on hours for the Market Manager. Commissioner Hovey said, "The Banners are all on the eastern side of [State Road] 434 - is there any way we could put Banners on that side of [State Road] 434 -maybe at Edgemon (Avenue) or Sheoah (Boulevard)?" Manager Smith asked where the Banner locations were? Mr. Stevenson answered, "The Banner locations are along [State Road] 434, Tuskawilla Road, Doran Drive, Central Winds Boulevard, and Vistawilla Drive." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECL4L, MEETING -MAY 26, 2009 PAGE 18 OF 27 Mr. Stevenson noted, "One of the things we began to talk about is that some point in time in the future, we're going to have a Banner designed for Village Walk." Discussion. Again, on the issue of Banners, Commissioner McGinnis stated, "You have to include the west side too." No objections were noted, and Mayor Bush remarked, "We have got that one covered." Additional discussion ensued on who should run the Farmer's Market, and partnerships. "I WOULD LIKE TO MAKE A MOTION THAT THIS COME BACK TO US AT SUCH TIME THAT WE HAVE IN PLACE A BUSINESS PLAN THAT SHOWS IT GOING TO A BREAK-EVEN AND THEN INTO A PROFITABLE SITUATION; A PERFORMANCE CONTRACT OR A PERFORMANCE CLAUSE IN THE CONTRACT WITH MS. FEDERICI, THAT MEASURES SUCCESS AND PERFORMANCE TOWARD THOSE GOALS OF MAKING IT A BREAK-EVEN AND A PROFIT CENTER." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. MANAGER SMITH ADDED, "THE BANNERS -THEY WILL BE READ THROUGHOUT THE CITY FOR MAXIMUM UTILIZATION." VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: NAY DEPUTY MAYOR KREBS: AYE MOTION CARRIED. Tape 3/Side B REGULAR 603. Police Department Requesting The City Commission To Review And Provide Direction For The Use Of Golf Carts On Public Roadways In The City Of Winter Springs. Chief Brunelle introduced this Agenda Item. ~~°: ~-~~;~ Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 26, 2009 PAGE 19 OF 27 Chief Brunelle said, "I would also like to give you an idea of what we would like to see in that Ordinance and what we would bring forward to you and also ask for any :, suggestions; so, that we can add your recommendations for that, but `Option 2', where it ~~ ~~~~~~~ says to prepare an Ordinance to allow for the operation. ~° One of the things that we would ask that you consider would be that and we'll bring that forward would be they would be seventeen (17) years of age for a minimum age; that they have a valid driver's license; we will consider or allow fifteen (15) or sixteen (16) year olds operating a golf cart as long as they have a learner's permit and have someone that is twenty-one (21) years of age in the seat next to them, operating it and no one by themselves; just as long as they have some adult supervision. And the reason for that was seventeen (17) years of age, at least they've had a year of operating a vehicle by themselves. By State Statute they can at sixteen (16) drive a vehicle by themselves because they have done it for a year, and we don't have inexperienced youth or some youth that might not want to pay attention to the rules out there operating a golf cart in our neighborhoods. A few of the other suggestions that will come forward will be dawn to dusk -regulation; and some type of light package on the golf cart which would consist of blinkers, brake lights, headlights, and definitely a horn or possibly day-time running lights; and this may be some things that you've already all thought of. But also some type of a permitting inspection, on a yearly basis -where the Police Department would be responsible for checking tires, brakes, horns, lights, that the sticker is updated; and we've come up with a system that we think will allow us to track the permitting numbers that we may create on these stickers; and there can be a Fee for that. There doesn't have to be a Fee for it but most of what we're seeing across the State is there is a Fee, anywhere from five (5) to twenty-five dollars ($25.00) for a yearly inspection on your golf cart that would pay for the Officer's time to do it or whoever is going to do it; plus the cost of the sticker - to recoup the costs. And also, we're also recommending that there has to be some type of enforcement for violating any of the Ordinances - so, we'd also like to put an Enforcement Policy in that Ordinance as well. That would be `Option 2'." Chief Brunelle noted, "City-wide." Furthermore, Chief Brunelle explained, "It would be for the City streets and the City streets only. You can't drive them on sidewalks; you can't have them on the Rails-to-Trails -you can't have it on Tuskawilla Road. So, it is only the interconnecting streets that are thirty (30) miles and below. Even State Statute does that. You can make it more strict if you want to, but I would suggest you keep within the thirty (30) miles an hour." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 26, 2009 PAGE 20 OF 27 Commissioner Brown commented, "I agree with everything that you listed. What about insurance? No motor vehicles, other than golf carts I believe are allowed on public roads without having some kind of liability insurance." Chief Brunelle noted, "That is .:~,~ something that you could include in the Ordinance." Commissioner Brown stated, "I `°~~~ would like to see that." Commissioner Bonner said, "My only question was really the seventeen (17) years old, when at sixteen (16), you can be a licensed driver independently operating a motor vehicle on these exact same streets." Attorney Garganese said, "I think we need to take a look at the issue that Commissioner Bonner brought up regarding whether that can be imposed; if a sixteen (16) year old actually has a driver's license" and referenced wording in the Florida Statutes. Commissioner McGinnis suggested, "Maybe giving abooklet - or some kind of a book to people who apply for this designation, that spells all this out. Revocation of license; stipulation; the roadways that are allowed..." Mayor Bush recommended, "...A copy of the Ordinance." Additionally, Commissioner McGinnis suggested, "Everything should be spelled out in writing and given to them and then there are no excuses." Chief Brunelle mentioned that Captain Tolleson, "Already began the stages of putting together a brochure that we're going to hand out and also put on our Website, explaining all of these procedures and Policies that would be put into place." Discussion followed on the preference for the higher age. Commissioner Brown noted, "The extra time on the road is critical, because -these vehicles have a much slower speed; so, I think the judgment of distance, the judgment of interaction of other motor vehicles. You don't have the escape route you have in an automobile; it has a higher level of tip-over. I think all these things go into having a higher understanding of the road and motor vehicle interaction." "I WILL MAKE A MOTION THAT WE GO FORWARD WITH `Option 2'- WITH THE ITEMS THAT THE CHIEF LISTED. IN ADDITION, WITH LOOKING AT THE LEGALITY OF INCREASING THE AGE TO SEVENTEEN (17), AND ALSO WITH ADDING THE REQUIREMENT FOR INSURANCE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECLAI, MEETING -MAY 26, 2009 PAGE 2 i OF 27 VOTE: COMMISSIONER HOVEY: AYE ~~ COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 604. Parks And Recreation Department Requesting That The City Commission Consider Approval Of The Torcaso Park Area Master Plan And Provide Further Direction As Needed. Mr. Pula presented an overview of the Torcaso Park Master Plan. Discussion. Furthermore, Mr. Pula explained, "This is a Master Plan - a Master Plan is a guideline for the future. It provides you a direction. You can always change it if something else comes up, but it's where you want to go and look." Commissioner Brown said "This is incredible. It is a beautiful concept." With further comments, Commissioner Brown asked about the last line in item 2), `...Tortoise protection'. What does that mean? How do you protect Tortoises by erecting a Pavilion?" Mr. Pula answered, "That Tortoise protection should not be in there. That new Pavilion is shown on uplands, and the purpose of that is for the view of the ball fields across the street." The process and potential Grants was discussed next. Discussion. Commissioner McGinnis complimented the project and suggested, "One thing I think we need to start real soon is the pond edge." Commissioner McGinnis added, "This just fits the bill; this is such a beautiful long range plan." Commissioner Hovey asked if Mr. Pula had considered Federal Stimulus Funds and a Non-Profit Family Services Center. Mr. Pula said he had not yet. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 26, 2009 PAGE 22 OF 27 "I WILL MAKE A MOTION TO APPROVE IT AS PRESENTED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 605. Police Department Requests To Discuss With The Commission How A Community Can Contract For City Services Within A Neighborhood That Has Chosen To Erect Gates At Their Entrances Or Exits. Chief Brunelle began the discussion on this Agenda Item. Attorney Garganese explained, "With respect to private gated communities, the City can enforce traffic laws within those gated communities provided there was a written Agreement with that community; so, there would have to be an Agreement between the HOA (Homeowner's Association) and the City of Winter Springs that lays out what the - Law Enforcement services the City will be providing within that community." Discussion followed on compensation issues and Law Enforcement services. Tape 4/Side A Further discussion continued. Commissioner Brown commented for the Record about his community. "I AM GOING TO MAKE A MOTION THAT WE GO AHEAD AND ENTER INTO A CONTRACT AND THAT WE CHARGE A DOLLAR ($1.00) PER YEAR AND RE-EVALUATE THIS TWO (2) YEARS FROM NOW AND SEE WHERE WE ARE AT." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. COMMISSIONER BROWN SAID, "THERE IS NO VARIANCE IN THESE AGREEMENTS RIGHT? BECAUSE IF WE GO FORWARD WITH THIS, I WOULD LIKE TO SEE THE AGREEMENT BE CONSISTENT FOR ALL COMMUNITIES, AND THEY EITHER OPT IN OR OPT OUT." tai <,,,., ~-,: °°" >`:; ~.e. ~~ - CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 26, 2009 PAGE 23 OF 27 ATTORNEY GARGANESE SUGGESTED, WE WOULD HAVE TO DRAFT AN AGREEMENT THAT YOU ALL ARE COMFORTABLE WITH AND THAT THE ~~_:~ CHIEF IS COMFORTABLE WITH, SIMILAR TO WHAT WE DO WITH THE ~;,t,' STREETLIGHT AGREEMENTS. WE HAVE ONE (1) FORM, THIS IS IT. YOU ~~ TAKE IT OR LEAVE IT." MAYOR BUSH ADDED, "AND THEY KNOW WE ARE NOT GOING TO ENFORCE COVENANTS." COMMISSIONER KREBS REM_ARK_F.D, "RIGHT." COMISSIONER HOVEY ADDED, "NO COVENANTS." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. REGULAR 606. Office Of The City Manager Requesting The Commission Review Its Current Strategy For Procuring A Permanent City Manager. Mayor Bush began the discussion on this issue. Deputy Mayor Krebs distributed some documents to everyone on the dais and spoke on the many projects that Manager Smith has been and is working on, and his qualifications. Deputy Mayor Krebs also noted, "I actually wrote my candidate profile. I don't know if -anybody has taken the time to do that; I will just go over what mine was and this was the order that I thought was really important to me and that was - I wanted somebody who was experienced in Finance and Budgeting. Education was important to me. Interworking relationships within the City Hall and Police Department was really important to me. Community relationships was really important to me as well; and then communication." Continuing, Deputy Mayor Krebs then said, "Why would I want Kevin (Smith)? Well, he has knowledge and history of Winter Springs and this Commission and previous Commission's. He has fifteen (15) years of related experience in a full service City. By the way, I interviewed Kevin (Smith), as well as I did some of you out there and employees and Department Heads." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 26, 2009 PAGE 24 OF 27 With further comments, Deputy Mayor Krebs noted, "He possesses an MBA (Masters in Business Administration); he possesses a strong financial and budgeting background which we really need; and I wrote down here that I have interviewed several Department Heads and employees as to relationships and communication needs with Kevin (Smith). I have had no negative feedback whatsoever. In fact, I have had requests to keep him in his current position as he is doing such a great job. He has been able to bring together people and bring out from those people some of their best work. Employees feel that they are part of a team and that their thoughts and suggestions really do count. We have all seen that. We have all seen a rejuvenation here; I mean if we are paying attention, we have seen it. Community residents have praised Kevin (Smith) before he was City Manager, and after. As a matter of fact, I have received numerous compliments from the CALNO (Council of Local Governments in Seminole County) cities which are the seven (7) cities in Seminole [County]; Tri-County [League ofJ Cities regarding his willingness to help, answer questions, and provide any information he has available. It has been stated that he is very easy to work with. As for communication, Kevin (Smith) has been presenting information to this Commission for at least two (2) years and I personally have been provided concise, accurate, easy to understand data as part of my decision- making process." Additionally, Deputy Mayor Krebs explained, "I know that the 180 days is not up but I also know that the last time we spoke, we discussed that the rules had changed, and they have; and if you really look at some of that stuff I passed out, you will see what we are asking Kevin (Smith) to do." Furthermore, Deputy Mayor Krebs commented, "I would really like you guys to say whether you feel the same way, whether you see, whether you have done that evaluation process that I have gone through already, in the person that I believe really deserves this position." Commissioner McGinnis remarked, "I agree with you. We have worked with Kevin (Smith)." Commissioner Brown noted, "I agree with you one hundred and fifty (150%) percent if that is possible. Kevin (Smith) has been the person that I have gone to since 2006 for straight answers and even when that was the only place that true answers were coming from; I have always found them to be true and accurate. I have respected Kevin (Smith) from that time up through this time." '-~ -e~_ ~. ~,,;~ `~ CTTY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 26, 2009 PAGE 25 OF 27 Next, Commissioner Hovey remarked, "I agree with Commissioner Brown and Commissioner Krebs and I think we all know what we want and what we don't want and `~~' ,~.-y. I think Kevin (Smith) meets or exceeds all of that criteria. We have also had a lot of ~ ~'" changes in the City in the last six (6) months and I think in order to continue to move our .~ City forward on those good changes that we have had, we need to offer Kevin (Smith) the i City Manager job on a permanent basis." Commissioner McGinnis said next, "In reality, I think we have already made that transition in our minds anyway..." Commissioner Brown said, "...Absolutely..." Commissioner McGinnis continued, "... We have accepted the fact that Kevin (Smith) is our City Manager and so, we might as well agree and let us formalize it and move forward." Manager Smith spoke as the Commission's Human Resources Director and commented on the process to hire a City Manager; and suggested a profile be considered. Then, Manager Smith said to the City Commission, "I cannot even begin to formulate in words -how honored I am to hear you talk about me in this way and to say these things about me." Commissioner Bonner commented, "I too have had nothing but a great experience thus far, in all my business dealings with Kevin Smith as Interim City Manager." Commissioner Bonner then suggested that a profile and search and selection process should follow. With additional comments, Commissioner Brown stated, "I have had a longer period of time to work with Kevin (Smith). He has I think, been doing large facets of this job for years now. He has proven himself not only competent; he has proven himself effective; and he has proven himself honest and trustworthy; of really high integrity; of high ethical standing, and I think for myself, if I was to design, not having been in this position for an extremely long time, if I was to design the type of individual I would want to see as Chief Administrator of our City, especially after having worked - with a couple of them and now with Kevin (Smith), I think the criteria that I would draft is going to mimic what I have seen for the past couple of years." Furthermore, Commissioner Brown remarked, "I think his past history; his commitment to the City, his commitment to this Commission, and the way in which he has professionally executed his job, I think speaks for itself." Mayor Bush added, "He gets along with all of you, and that is an unusual thing." Deputy Mayor Krebs added, "You are right, he does." Commissioner Hovey said next, "I think Kevin Smith is the right person for the job and I don't think we need to spend money and time to go out and look for someone who we already know - I think we already know will do the job and is what we want." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 26, 2009 PAGE 26 OF 27 Further comments followed on a search and selection process and related decisions. Mayor Bush said, "Commissioners, you yourselves know the difference, you can feel it. ~'- "' ~. And you know, the Staff feels it - it is very hard to quantify. I mean it really is -and the ~ , citizens have felt it. The County Manager has mentioned it to me. I mean there is a lot of ~~ ; confirmation that Kevin (Smith) is the right man for the job." "I THINK THAT I SPEAK FOR EVERYBODY WHEN I SAY THAT I MAKE A MOTION TO HIRE KEVIN SMITH - AS OUR PERMANENT CITY MANAGER, A CONTRACT TO BE DRAWN UP BY ANTHONY (GARGANESE) AND WORKED OUT -EFFECTIVE IMMEDIATELY." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. Commissioner Brown said, "Welcome Home." Deputy Mayor Krebs and Commissioner Bonner asked, "Do you accept?" Mayor Bush added, `He doesn't have any choice, he has to accept." Mayor Bush then stated, "Congratulations Kevin (Smith) - I think you are the right man for the job! And you have proven yourself. We don't have to interview four (4) or five (5) other people to know that you are the right guy -believe me." Deputy Mayor Krebs added, "We don't." Mayor Bush asked the City Commission, "Would you like to have a formal reception to meet our new City Manager and his family?" Deputy Mayor Krebs stated, "Yes." No objections were noted. Mayor Bush said to City Clerk Lorenzo-Luaces, "Would you coordinate this with Kevin (Smith) because his family has got to be involved in this and some of the Commissioners are going to be out of town and so forth and so on. Can you handle that?" City Clerk Lorenzo-Luaces said "Yes" and asked if they had preference for the location? Manager Smith stated, "I think we can work it out." Mayor Bush added, "Andrea (Lorenzo-Luaces), you and Kevin (Smith) work that out - the main thing is that we want the people to be able to attend so we need to have it at the time the Commissioners can all be in attendance and give it time to get it advertised so people know." Again, Mayor Bush said, "Congratulations Kevin (Smith)!" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 26, 2009 PAGE 27 OF 27 ^°°"°w ~:;.~ ADJOURNMENT Mayor Bush adjourned the Special Meeting at 9:49 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, MMC CITY CLERK APPROVED: MAYOR JOHN F. BUSH NOTE: These Minutes were approved at the , 2009 Regulaz City Commission Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 26, 2009 CALL TO ORDER The Special Meeting of Tuesday, May 26, 2009 of the City Commission was called to Order by Mayor John F. Bush at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor 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. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. INFORMATIONAL 101. Parks And Recreation Department Wishes To Inform The City Commission Regarding The July 4 Celebration Of Freedom/50 Anniversary. Discussion. 1 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 26, 2009 PAGE 2 OF 27 Deputy Mayor Joanne M. Krebs said, "Good job, Chuck (Pula, Director, Parks and Recreation Department). Good job, Kevin (L. Smith, City Manager). I know that it has been really difficult to pull together that much money in such a short period of time, is phenomenal, so thank you to your team Kevin (Smith), Chuck (Pula)." Further discussion followed with Chief of Police Kevin Brunelle on coolers. INFORMATIONAL 102. Community Development Department Providing Information To The City Commission Detailing The Area ID Numbers For The Three (3) Seminole Economic Enhancement Districts (SEED) Brownfield Area Designations That Were Approved By The Commission In August, 2008. Those Areas Are The Town Center, GreeneWay Interchange, And Village Walk SEED (Seminole Economic Enhancement District)/Brownfield Areas. There was no discussion on this Agenda Item. "MOTION TO APPROVE" [INFORMATIONAL AGENDA]. MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Police Department Requesting Commission Approval For Expenditure Of Funds To Purchase Two Replacement Vehicles For The Police Department Out Of The Supplemental Appropriation General Fund Reserve Funds. Discussion. Manager Smith spoke for the Record and explained, "Utilizing State Contract, or the Florida Sheriffs Association contract is a Bid process. They have gone through the Bid process back in the summer of last year, and doing so, it just alleviates us incurring the cost to go through it." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 26, 2009 PAGE 3 OF 27 "MOTION THAT WE EMPOWER THE MANAGER AND THE CHIEF TO GO OUTSIDE OF THE STANDARD CONTRACT TO GET A BETTER VALUE ON TWO (2) REPLACEMENT VEHICLES FOR THE CITY." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. CONSENT 201. Public Works Department Requests City Commission Authorization To Approve Resolution 2009 -35 And Enter Into A Local Agency Program Agreement With The Florida Department Of Transportation For Construction Of A Right -Turn Deceleration Lane On S.R. (State Road) 434 Eastbound At Hayes Road. Brief discussion. CONSENT 202. Public Works Department Requests City Commission Authorization To Approve Resolution 2009 -36 And Enter Into A Local Agency Program Agreement With The Florida Department Of Transportation For Construction Of A Right -Turn Deceleration Lane On S.R. (State Road) 434 Eastbound At Vistawilla Drive. This Agenda Item was not discussed. CONSENT 203. Public Works Department Requests City Commission Authorization To Approve Resolution 2009 -37 And Enter Into A Local Agency Program Agreement With The Florida Department Of Transportation For Construction Of Intersection Safety Improvements On S.R. (State Road) 419 At Wade Street. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 26, 2009 PAGE 4 OF 27 CONSENT 204. Office Of The City Clerk Requesting Approval Of The May 4, 2009 City Commission Special Meeting Minutes. No discussion. CONSENT 205. Office Of The City Clerk Requesting Approval Of The May 11, 2009 Regular City Commission Meeting Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE" [REST OF CONSENT AGENDA]. MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor Presenting A Proclamation Recognizing Code Enforcement Officer Week. Mayor Bush with the assistance of Manager Smith and Chief Brunelle presented a Proclamation to the City's Code Enforcement Staff. Members of the Code Enforcement Board that were in attendance were also recognized. AWARDS AND PRESENTATIONS 301. Community Development Department Presentation By Ms. Chris Blackwell, PTA (Parent Teacher Association) President Of Indian Trails Middle School To Discuss LED School Signs. Ms. Chris Blackwell with Indian Trails Middle School addressed the City Commission. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 26, 2009 PAGE 5 OF 27 Discussion. Manager Smith explained, "Our current Code would not allow signs of this type the blinking or non blinking, static versus non static, size of the letters, those would all be things that you could discuss at the time that you decide if you're going to change your Code to allow these type signs." With further discussion, Ms. Blackwell stated, "Our Fiscal Year ends June 30 and I would appreciate it if there would be some decision made before that time, so that we could actually do it within this year." Commissioner Rick Brown asked why we can't give a Waiver to schools? City Attorney Anthony A. Garganese suggested, "Let Staff come back and propose something that is, in the overall context of the City, gets the job done. That would be my recommendation. But a 6/30/09 deadline, I don't see as happening because it has to go to the Land Planning Agency for review, and come to the Commission for two (2) Hearings." Furthermore, Attorney Garganese noted, "Staff is examining the possibility of LED (Light Emitting Diode) or some electronic sign outside of City Hall; and so that is already in the works." Attorney Garganese added, "I am not saying you can't restrict it solely to governmental entities. That's an issue we would have to examine in the context of government speech doctrine. We'll take a look at that." Mayor Bush said, "I think what you could do Chris (Blackwell) in the interim though is work with Staff on this, because they will be writing up the change in the Code that will come back to the Commission; so, you would have a good idea, how it is going to go." Ms. Blackwell responded, "Okay." Mayor Bush said to Manager Smith, "Does that sound okay to you Manager Smith said, "Absolutely, Mayor. And, Chris (Blackwell), again, we'll work with you. It is just we have to be diligent about this process for the good of everyone." Further comments. Manager Smith said, "Mayor, I was just going to remind the Commission that we are currently pursuing this as part of bringing back a Budget item for you on a potential sign out in front of City Hall. If it's acceptable to the Commission, we'll wrap that all into one package." Commissioner McGinnis stated, "Good." No objections were voiced. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 26, 2009 PAGE 6 OF 27 REPORTS REPORTS 400. Office Of The City Attorney Anthony A. Garganese, Esquire Attorney Garganese mentioned that in the Orlando Business Journal, "Winter Springs Bond Rating was upgraded to AA- from A based on continued strong debt service coverage provided by pledge revenues, no further plans to leverage the security and strength of the City's financial position." Brief discussion followed on Jesup's Reserve. REPORTS 401. Office Of The City Manager Kevin L. Smith No Report. REPORTS 402. Office Of The City Clerk Andrea Lorenzo Luaces, MMC No Report. REPORTS 403. Commission Seat Five/Deputy Mayor Joanne M. Krebs Brief comments were noted by Deputy Mayor Krebs. REPORTS 404. Office Of The Mayor John F. Bush Mayor Bush noted that the City of Winter Springs again won the Traveling Trophy for attendance at the Tri- County League of Cities Meeting last week. Discussion followed with Mr. Brian Fields, P.E., City Engineer, Public Works Department about an email and photographs were shown of flooding at 109 Lido Road. With further comments, Mayor Bush said to Mr. Fields, "I think you talking to him is probably the best idea. You do a good job at that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 26, 2009 PAGE 7 OF 27 REPORTS 405. Commission Seat One Jean Hovey Brief comments. Commissioner Jean Hovey thanked "Parks and Rec[reation] and Chuck (Pula) and his group after spending four (4) months plus at Central Winds Park, it is a great park and I know that the people that were there thanks for the recycle bins. I know that people used them and we appreciate all that you guys do because it is a great place to play baseball." REPORTS 406. Commission Seat Two Rick Brown Commissioner Brown said to Manager Smith, "I got a couple of comments this week from the Website and about the changes that have been made. Very positive. Thank you." Manager Smith added, "Thanks to Joanne (Dalka, Director, Information Services Department) and her staff; Chris (Edwards, Web, Multimedia Technician, Information Services Department) and everyone for their efforts." Secondly, Commissioner Brown commented to Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department on the LYNX bus stops. Tape 1 /Side B Ms. Sahlstrom said to Commissioner Brown, "I can email you a copy of it, if you'd like Commissioner Brown responded, "That would be great." Manager Smith said to Ms. Sahlstrom, "Could you just email all the Commissioners Thirdly, Commissioner Brown commented on meeting conflicts. Lastly, Commissioner Brown said to Mr. Fields, "Thank you very much for following up on the issue in the [Tuscawilla] Trails" related to Pawnee Trail. Commissioner Brown added, "That was great information you gave him. Thank you." REPORTS 407. Commission Seat Three Gary Bonner Commissioner Gary Bonner commented on City Commission Meeting conflicts this month; and a meeting he was attending on June 16 with Staff at the Heritage Park Homeowner's Association Meeting. Brief comments. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 26, 2009 PAGE 8 OF 27 "I WOULD LIKE TO MAKE A MOTION THAT HARRY ARTHUR BE APPOINTED TO FILL THE VACANCY ON THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT [ADVISORY COMMITTEE]." MOTION BY COMMISSIONER BONNER. SECONDED. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Next, Commissioner Bonner commented on Economic Development and Seminole Economic Enhancement Districts (SEED). Discussion. "I MOTION THAT WE DIRECT THE MANAGER TO INITIATE CREATION OF AN ECONOMIC DEVELOPMENT PLAN FOR EACH OF THE THREE (3) SEMINOLE ECONOMIC ENHANCEMENT DISTRICTS (SEED), MEANING THE TOWN CENTER DISTRICT; THE [VILLAGE] -WALK DISTRICT; AND THE GREENEWAY INTERCHANGE DISTRICT." MOTION BY COMMISSIONER BONNER. MOTION DIED FOR LACK OF A SECOND. Next, discussion followed on the proposed Town Parke Apartment project and potential reduced tax revenues and Commissioner Bonner stated, "The Manager has learned that these units will pay taxes based on their revenue or rental rate to say it another way, not on their property value." Further discussion. Attorney Garganese said, "Because it was an Application that was presented, it would be inappropriate for the Commission to rescind or modify the previous decision on that Application, without affording the Applicant the opportunity to come before you, like they did last time, when you reconsidered it. That was the comment. So, it would be inappropriate to rescind it; and as Commissioner Bonner is alluding to, from a general Policy perspective, there are opportunities for the Commission to set certain Policy. How that plays out with that specific Application, retroactively, is another issue, but perspectively, you have a couple of opportunities before you to consider Policy." Much discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 26, 2009 PAGE 9 OF 27 Commissioner Brown mentioned that he thought that the City Manager did not have enough information to go forward with an Economic Development Plan, and asked if this should come back as a Workshop? Attorney Garganese remarked, "You have to provide some accommodation for all types of housing within the City and you are going to be getting into the EAR (Evaluation and Appraisal Report) process and that is why I said, you need to take a real good look at what you're getting ready to do in establishing housing Policy because that is going to be a Policy of the City." Tape 2 /Side A Further discussion. Manager Smith added, "Should we be successful in our joint partnership with Oviedo on Economic Development or whatever mechanism we utilize to procure an Economic Development person, that will be on their work program." Discussion. REPORTS 408. Commission Seat Four Sally McGinnis Commissioner Sally McGinnis commented on LYNX. Next, Commissioner McGinnis mentioned that she thought the Joint Meeting with the City of Oviedo went well. AGENDA NOTE: THE FOLLOWING ADDITIONAL "PUBLIC INPUT" WAS DISCUSSED NEXT, AS DOCUMENTED. REPORTS REPORTS 404. Office Of The Mayor John F. Bush Mayor Bush mentioned that he had been asked to declare a day in honor of a local business owner and thought the City Commission should approve such an action. Mayor Bush added, "If there is no objection, we will go ahead and do something, it just won't be a day listed for that person." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 26, 2009 PAGE 10 OF 27 A Certificate of Recognition was suggested and Mayor Bush added, "If there is no objection to that, then that is the way we will handle this one." Deputy Mayor Krebs stated, "No objection." Commissioner McGinnis added, "I agree with you." Mayor Bush said to the City Clerk, "Andrea (Lorenzo Luaces), will you follow up on that for me, and I will be glad to go present it and read it and so forth City Clerk Lorenzo- Luaces nodded in agreement. PUBLIC INPUT Ms. Leah Weisman, 113 Brookshire Court, Winter Springs, Florida: spoke on behalf of the Friends of Leash Optional Parks and commented on their concern with the status of the Dog Park and a matching Grant. Ms. Weisman suggested that if the City was not going to go through with the Grant, that they would like their monies back. Mayor Bush asked Manager Smith, "Is this going to be discussed in our Budget meeting Manager Smith answered, "Absolutely." Ms. Weisman, "The question is, since you signed the Grant, you can un -sign it? Because it was a signed agreement, I thought." Manager Smith stated, "Yes." Ms. Weisman added, "If it's really not considered to be going on, our group would rather have our money back and donate it to another charity although we didn't want to do that." Further comments followed with Mr. Pula who said, "I would really like a decision to be made this summer, whether to proceed with the project Mayor Bush then asked, "Will this be something we discuss tomorrow night or just further down the road? Manager Smith responded, "I had not intended to discuss it tomorrow night, Mayor. I intended to discuss it further down the road." Mayor Bush then said to Manager Smith, "Would you let Leah (Weisman) know when we are going to bring that up in our Workshop Manager Smith stated, "Sure." Deputy Mayor Krebs suggested to Manager Smith, "There may be some other opportunities for the Dog Park." Deputy Mayor Krebs added that she would speak with the City Manager about this. Mr. Arsenio Calle, 110 Arrowhead Court, Winter Springs, Florida: commented on subsidizing and being fair to all. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 26, 2009 PAGE 11 OF 27 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department Presents A Resolution (Resolution No. [Number] 2009 -34) To The Commission To Vacate And Abandon A Portion Of A Utility Easement On A Residential Lot At 1137 Dappled Elm Lane, Pursuant To The Provisions Of Section 17 -27. Of The City Code. Attorney Garganese read Resolution 2009 -34 by "Title Mr. John Baker, AICP, Senior Planner, Community Development Department addressed the City Commission on this project. Mayor Bush opened the "Public Input" portion of this Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of this Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department Nanning Division Requests That The City Commission Hold A Public Hearing To Consider Recommendations From The Local Planning Agency On Amendments To The Adopted Future Land Use Map And To The Text Of The Comprehensive Plan Based On The City's Adopted Evaluation And Appraisal Report And To Forward The Proposed Amendments To The Florida Department Of Community Affairs As Included In Ordinance 2009 -08. "MOVE TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 26, 2009 PAGE 12 OF 27 VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Manager Smith left the Commission Chambers at 7:07 p. m. Attorney Garganese read the Ordinance by "Title" only. Ms. Sahlstrom noted, "We have a Citizen Courtesy Information List, if anybody in the public wanted to receive information from the State, please fill out this form; it's out there in the lobby. We're just required to make that Notice available to you." Further comments were made by Ms. Sahlstrom. With discussion, Commissioner Bonner suggested, "Is there a way to craft the language in such a way so that it is flexible to come into Compliance with future plans. So, if we decide that the Town Center District needs percentage `a', and we decide that the SeminoleWAY District needs percentage `b', we can actually allow the Comprehensive Plan to flex to those future decisions." Attorney Garganese explained, "From that perspective yes you can establish policies in the Comprehensive Plan that require the City to do something else, like establish a Plan and that plan control is under the Comprehensive Plan. So, basically, you are directing that something else be done that will implement Policy of the Comprehensive Plan. That can be done in terms of what you are talking about, what's the most effective of workforce housing or affordable housing program for the City of Winter Springs Continuing, Commissioner Bonner noted, "Under your guidance, if we could Amend this language so that it would be flexible for the by- product of future planning efforts Attorney Garganese mentioned he would have to review this in consideration of the other Policies. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: spoke as a resident and mentioned that in the current Comprehensive Plan, is language that states, "Discourage the concentration of affordable housing Mayor Bush closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 26, 2009 PAGE 13 OF 27 Commissioner Brown asked if verticality issues had been addressed? Ms. Sahlstrom stated, "We do have a cap in the Town Center of six (6) stories." Commissioner Brown added, "We may want to look at that as well." "I WOULD JUST MAKE A MOTION TO POSTPONE THIS TO JUNE 8 (2009)." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR BUSH REFERENCED TO MR. LACEY'S COMMENTS AND SUGGESTED, "YOU MIGHT WANT TO DEFINE WHAT CONCENTRATION MEANS. WHAT CONSTITUTES A `CONCENTRATION'." MAYOR BUSH ADDED, "MAYBE SOME KIND OF A DEFINITION OF `CONCENTRATION'." MAYOR BUSH THEN REFERENCED, 1.3.8:, "WHAT DO YOU MEAN BY A `WIDE VARIETY' FURTHERMORE, MAYOR BUSH STATED, "YOU NEED TO QUANTIFY WHAT A `WIDE VARIETY' MEANS." ATTORNEY GARGANESE MENTIONED, "YOU WANT MORE SPECIFICITY IN THE COMPREHENSIVE PLAN BECAUSE YOUR COMPREHENSIVE PLAN CONTROLS THE DEVELOPMENT OF THE CITY, IF THERE ARE ANY OTHER CONFLICTING PLANS." CONTINUING, ATTORNEY GARGANESE NOTED, "WE'LL GO BACK AND TAKE A LOOK AT THIS IN THE CONTEXT OF OUR DISCUSSION TONIGHT REGARDING WORKFORCE HOUSING AND CONCENTRATION; DISCOURAGING CONCENTRATION, WHICH IS ALSO A PROVISION IN THE STATE STATUTE, THAT'S WHERE THAT COMES FROM. IT'S LOOKING FOR MORE OF AN INTEGRATED APPROACH; BUT, MAYBE WE NEED TO HONE IN ON THAT ISSUE A LITTLE BIT MORE AND BRING SOMETHING BACK TO THE COMMISSION." MAYOR BUSH THEN ASKED, "ARE THERE ANY OTHER QUESTIONS ON THE COMPREHENSIVE PLAN OTHER THAN THE ONE WE BROUGHT UP COMMISSIONER McGINNIS REMARKED, "NO." DEPUTY MAYOR KREBS STATED, "NO." NO OBJECTIONS WERE VOICED. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Commissioner McGinnis left the dais at 7:22 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 26, 2009 PAGE 14OF27 PUBLIC HEARINGS 502. Office Of The City Attorney And Community Development Department Request The City Commission Hold A Public Hearing For First Reading Of Ordinance No. (Number) 2009 -03, Amending Chapters 16 And 20 Of The City Code, As They Relate To The Signage. Mayor Bush asked, "Can we have a `Motion' to read by `Title' only "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE (VOICE VOTE AUDIBLE FROM THE ROOM BEHIND THE DAIS) MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Commissioner McGinnis returned to the dais at 7:23 p. m. Mr. Baker introduced this Agenda Item for discussion. Mayor Bush opened Public Hearing on this Agenda Item. Ms. Laura Rodziwicz, Governmental Affairs Coordinator, Orlando Regional Realtors Association, 1330 Lee Road, Orlando, Florida: thanked the City Commission for their consideration. Mayor Bush closed Public Hearing on this Agenda Item. "I WOULD LIKE TO MAKE A MOTION TO MOVE TO SECOND READING." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. 1 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 26, 2009 PAGE 15 OF 27 Mayor Bush called a Recess. The Regular Meeting Reconvened Mayor Bush mentioned an upcoming Tuscawilla Homeowner's Association Meeting on June 11, 2009 and that they wanted to discuss the Town Parke apartments project. With discussion on Sunshine Law issues, it was suggested that Ms. Pam Carroll, Tuscawilla Homeowner's Association President could address this issue for her membership. Mayor Bush said the City would be in touch with Ms. Carroll. Note: Due to technical difficulties with Tape 2 /Side B, the next audiotape was used. Tape 3 /Side A REGULAR AGENDA REGULAR 600. Information Services Department Requests Direction From The Commission Regarding A Request From Florida By Day Night To Use The City Seal On Their Website. Mr. Edwards addressed the City Commission on this Agenda Item. Discussion. Commissioner Brown remarked, "I think it is a great argument toward having a logo, that we can use for marketing purposes..." Deputy Mayor Krebs added, "...Absolutely...." Commissioner Brown continued, "...As opposed to using our Seal." "MOTION TO DENY." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING- MAY 26, 2009 PAGE 16 OF 27 REGULAR 601. Office Of The City Manager Providing The Commission With The City's Fiscal Year 2009 2 Quarter Financial Report. Manager Smith explained, "My ultimate goal would be to have this item be on Informational each time" and noted that future Reports would include more information. Discussion. Mayor Bush then said, "So, it will be under Informational in the future. Is that okay with the Commission Commissioner McGinnis stated, "Yes." No objections were voiced. Commissioner Brown added, "Great job!" REGULAR 602. Community Development Department And Parks And Recreation Department Wish To Provide The City Commission A Proposal For Modifications To The Existing Farmer's Market And Procedures For The Continued Operation Of The Market. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department introduced this Agenda Item for discussion. Discussion. Deputy Mayor Krebs suggested, "I really would like to see a [Business] Plan. With further comments, on the issue of restrooms, Mr. Stevenson noted, "One of the criteria and one of the recommendations for locating it in front of City Hall was to allow access to our two (2) rest rooms in City Hall." Much discussion ensued, including discussion on craft items. Ms. Anjie Federici, 752 Night Owl Court, Winter Springs, Florida: addressed the City Commission on this issue, and stated, "I have not ever had air brushed t -shirts or anything like that at a Farmer's Market. Flea Market items need to stay at the Flea Market. We wouldn't have anything like that at a Farmer's Market. We do have a lady that does custom sewing. She really doesn't make clothing, she'll make like the aprons, especially the sports aprons that say `Miami Dolphins', or the `Cowboys' or whatever; and she'll do a couple of things like that. She makes like the card- holders for the people who play cards and she does knitting and sewing and I have had people that knit sweaters that come out there." Ms. Federici added, "No tattoos no hubcaps." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 26, 2009 PAGE 17OF27 Commissioner McGinnis asked, "Is there an evaluation period built into this at some point Attorney Garganese stated, "Yes." Manager Smith also noted, "A Termination clause." Mr. Stevenson added, "I would think that would be part of the Contract that we would be looking at. Yes." Discussion. Mr. Stevenson said, "I would certainly think Commissioner, that part of the Marketing Plan and the Business Plan is going to be a break -even establishment." Additionally, Mr. Stevenson stated, "We would certainly agree with the Commission that during this period of time, that we would need to establish a fairly detailed Business Plan." On the issue of a Business Plan, Mr. Stevenson noted, "I would certainly think that would be something we would look at and want to have in place prior to this move to our permanent location, essentially the first Saturday in October." Further discussion followed on other Farmer's Markets and possible liability situations such as health and food problems. Mr. Stevenson stated, "Until said time as they move onto City property, my understanding is you would retain your current contractual insurance coverage with the Vendors, with the Town Center Merchants Association. When they come to the City, I believe it would go under our liability insurance and of course, we're requesting any food Vendor, not only have their BTR (Business Tax Receipt) from the County, but they have all of the proper State requirements and local requirements for food vending." Commissioner McGinnis asked, "You will check those every..." Ms. Federici said, "...Absolutely." Attorney Garganese remarked, "For City events, like 4 of July event, we have created a Vendor Contract Agreement, where they're required to sign it, indemnify, hold the City harmless, any liability related to their services. We probably should do the same thing for these Vendors as well, under this new approach." Commissioner McGinnis commented, "I would recommend that." No objections were voiced. Further comments followed on hours for the Market Manager. Commissioner Hovey said, "The Banners are all on the eastern side of [State Road] 434 is there any way we could put Banners on that side of [State Road] 434 maybe at Edgemon (Avenue) or Sheoah (Boulevard) Manager Smith asked where the Banner locations were? Mr. Stevenson answered, "The Banner locations are along [State Road] 434, Tuskawilla Road, Doran Drive, Central Winds Boulevard, and Vistawilla Drive." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 26, 2009 PAGE 18 OF 27 Mr. Stevenson noted, "One of the things we began to talk about is that some point in time in the future, we're going to have a Banner designed for Village Walk." Discussion. Again, on the issue of Banners, Commissioner McGinnis stated, "You have to include the west side too." No objections were noted, and Mayor Bush remarked, "We have got that one covered." Additional discussion ensued on who should run the Farmer's Market, and partnerships. "I WOULD LIKE TO MAKE A MOTION THAT THIS COME BACK TO US AT SUCH TIME THAT WE HAVE IN PLACE A BUSINESS PLAN THAT SHOWS IT GOING TO A BREAK -EVEN AND THEN INTO A PROFITABLE SITUATION; A PERFORMANCE CONTRACT OR A PERFORMANCE CLAUSE IN THE CONTRACT WITH MS. FEDERICI, THAT MEASURES SUCCESS AND PERFORMANCE TOWARD THOSE GOALS OF MAKING IT A BREAK -EVEN AND A PROFIT CENTER." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. MANAGER SMITH ADDED, "THE BANNERS THEY WILL BE READ THROUGHOUT THE CITY FOR MAXIMUM UTILIZATION." VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: NAY DEPUTY MAYOR KREBS: AYE MOTION CARRIED. Tape 3 /Side B REGULAR 603. Police Department Requesting The City Commission To Review And Provide Direction For The Use Of Golf Carts On Public Roadways In The City Of Winter Springs. Chief Brunelle introduced this Agenda Item. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 26, 2009 PAGE 19 OF 27 Chief Brunelle said, "I would also like to give you an idea of what we would like to see in that Ordinance and what we would bring forward to you and also ask for any suggestions; so, that we can add your recommendations for that, but `Option 2', where it says to prepare an Ordinance to allow for the operation. One of the things that we would ask that you consider would be that and we'll bring that forward would be they would be seventeen (17) years of age for a minimum age; that they have a valid driver's license; we will consider or allow fifteen (15) or sixteen (16) year olds operating a golf cart as long as they have a learner's permit and have someone that is twenty -one (21) years of age in the seat next to them, operating it and no one by themselves; just as long as they have some adult supervision. And the reason for that was seventeen (17) years of age, at least they've had a year of operating a vehicle by themselves. By State Statute they can at sixteen (16) drive a vehicle by themselves because they have done it for a year, and we don't have inexperienced youth or some youth that might not want to pay attention to the rules out there operating a golf cart in our neighborhoods. A few of the other suggestions that will come forward will be dawn to dusk regulation; and some type of light package on the golf cart which would consist of blinkers, brake lights, headlights, and defmitely a horn or possibly day -time running lights; and this may be some things that you've already all thought of. But also some type of a permitting inspection, on a yearly basis where the Police Department would be responsible for checking tires, brakes, horns, lights, that the sticker is updated; and we've come up with a system that we think will allow us to track the permitting numbers that we may create on these stickers; and there can be a Fee for that. There doesn't have to be a Fee for it but most of what we're seeing across the State is there is a Fee, anywhere from five (5) to twenty -five dollars ($25.00) for a yearly inspection on your golf cart that would pay for the Officer's time to do it or whoever is going to do it; plus the cost of the sticker to recoup the costs. And also, we're also recommending that there has to be some type of enforcement for violating any of the Ordinances so, we'd also like to put an Enforcement Policy in that Ordinance as well. That would be `Option 2'." Chief Brunelle noted, "City- wide." Furthermore, Chief Brunelle explained, "It would be for the City streets and the City streets only. You can't drive them on sidewalks; you can't have them on the Rails -to- Trails you can't have it on Tuskawilla Road. So, it is only the interconnecting streets that are thirty (30) miles and below. Even State Statute does that. You can make it more strict if you want to, but I would suggest you keep within the thirty (30) miles an hour." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 26, 2009 PAGE 20 OF 27 Commissioner Brown commented, "I agree with everything that you listed. What about insurance? No motor vehicles, other than golf carts I believe are allowed on public roads without having some kind of liability insurance." Chief Brunelle noted, "That is something that you could include in the Ordinance." Commissioner Brown stated, "I would like to see that." Commissioner Bonner said, "My only question was really the seventeen (17) years old, when at sixteen (16), you can be a licensed driver independently operating a motor vehicle on these exact same streets." Attorney Garganese said, "I think we need to take a look at the issue that Commissioner Bonner brought up regarding whether that can be imposed; if a sixteen (16) year old actually has a driver's license" and referenced wording in the Florida Statutes. Commissioner McGinnis suggested, "Maybe giving a booklet or some kind of a book to people who apply for this designation, that spells all this out. Revocation of license; stipulation; the roadways that are allowed..." Mayor Bush recommended, "...A copy of the Ordinance." Additionally, Commissioner McGinnis suggested, "Everything should be spelled out in writing and given to them and then there are no excuses." Chief Brunelle mentioned that Captain Tolleson, "Already began the stages of putting together a brochure that we're going to hand out and also put on our Website, explaining all of these procedures and Policies that would be put into place." Discussion followed on the preference for the higher age. Commissioner Brown noted, "The extra time on the road is critical, because these vehicles have a much slower speed; so, I think the judgment of distance, the judgment of interaction of other motor vehicles. You don't have the escape route you have in an automobile; it has a higher level of tip -over. I think all these things go into having a higher understanding of the road and motor vehicle interaction." "I WILL MAKE A MOTION THAT WE GO FORWARD WITH `Option 2'- WITH THE ITEMS THAT THE CHIEF LISTED. IN ADDITION, WITH LOOKING AT THE LEGALITY OF INCREASING THE AGE TO SEVENTEEN (17), AND ALSO WITH ADDING THE REQUIREMENT FOR INSURANCE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 26, 2009 PAGE 21 OF 27 VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 604. Parks And Recreation Department Requesting That The City Commission Consider Approval Of The Torcaso Park Area Master Plan And Provide Further Direction As Needed. Mr. Pula presented an overview of the Torcaso Park Master Plan. Discussion. Furthermore, Mr. Pula explained, "This is a Master Plan a Master Plan is a guideline for the future. It provides you a direction. You can always change it if something else comes up, but it's where you want to go and look." Commissioner Brown said "This is incredible. It is a beautiful concept." With further comments, Commissioner Brown asked about the last line in item 2), `...Tortoise protection'. What does that mean? How do you protect Tortoises by erecting a Pavilion Mr. Pula answered, "That Tortoise protection should not be in there. That new Pavilion is shown on uplands, and the purpose of that is for the view of the ball fields across the street." The process and potential Grants was discussed next. Discussion. Commissioner McGinnis complimented the project and suggested, "One thing I think we need to start real soon is the pond edge." Commissioner McGinnis added, "This just fits the bill; this is such a beautiful long range plan." Commissioner Hovey asked if Mr. Pula had considered Federal Stimulus Funds and a Non Profit Family Services Center. Mr. Pula said he had not yet. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 26, 2009 PAGE 22 OF 27 "I WILL MAKE A MOTION TO APPROVE IT AS PRESENTED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 605. Police Department Requests To Discuss With The Commission How A Community Can Contract For City Services Within A Neighborhood That Has Chosen To Erect Gates At Their Entrances Or Exits. Chief Brunelle began the discussion on this Agenda Item. Attorney Garganese explained, "With respect to private gated communities, the City can enforce traffic laws within those gated communities provided there was a written Agreement with that community; so, there would have to be an Agreement between the HOA (Homeowner's Association) and the City of Winter Springs that lays out what the Law Enforcement services the City will be providing within that community." Discussion followed on compensation issues and Law Enforcement services. Tape 4 /Side A Further discussion continued. Commissioner Brown commented for the Record about his community. "I AM GOING TO MAKE A MOTION THAT WE GO AHEAD AND ENTER INTO A CONTRACT AND THAT WE CHARGE A DOLLAR ($1.00) PER YEAR AND RE- EVALUATE THIS TWO (2) YEARS FROM NOW AND SEE WHERE WE ARE AT." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. COMMISSIONER BROWN SAID, "THERE IS NO VARIANCE IN THESE AGREEMENTS RIGHT? BECAUSE IF WE GO FORWARD WITH THIS, I WOULD LIKE TO SEE THE AGREEMENT BE CONSISTENT FOR ALL COMMUNITIES, AND THEY EITHER OPT IN OR OPT OUT." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 26, 2009 PAGE 23 OF 27 ATTORNEY GARGANESE SUGGESTED, WE WOULD HAVE TO DRAFT AN AGREEMENT THAT YOU ALL ARE COMFORTABLE WITH AND THAT THE CHIEF IS COMFORTABLE WITH, SIMILAR TO WHAT WE DO WITH THE STREETLIGHT AGREEMENTS. WE HAVE ONE (1) FORM, THIS IS IT. YOU TAKE IT OR LEAVE IT." MAYOR BUSH ADDED, "AND THEY KNOW WE ARE NOT GOING TO ENFORCE COVENANTS." COMMISSIONER KREBS REMARKED, "RIGHT." COMISSIONER HOVEY ADDED, "NO COVENANTS." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. REGULAR 606. Office Of The City Manager Requesting The Commission Review Its Current Strategy For Procuring A Permanent City Manager. Mayor Bush began the discussion on this issue. Deputy Mayor Krebs distributed some documents to everyone on the dais and spoke on the many projects that Manager Smith has been and is working on, and his qualifications. Deputy Mayor Krebs also noted, "I actually wrote my candidate profile. I don't know if anybody has taken the time to do that; I will just go over what mine was and this was the order that I thought was really important to me and that was I wanted somebody who was experienced in Finance and Budgeting. Education was important to me. Interworking relationships within the City Hall and Police Department was really important to me. Community relationships was really important to me as well; and then communication." Continuing, Deputy Mayor Krebs then said, "Why would I want Kevin (Smith)? Well, he has knowledge and history of Winter Springs and this Commission and previous Commission's. He has fifteen (15) years of related experience in a full service City. By the way, I interviewed Kevin (Smith), as well as I did some of you out there and employees and Department Heads." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 26, 2009 PAGE 24 OF 27 With further comments, Deputy Mayor Krebs noted, "He possesses an MBA (Masters in Business Administration); he possesses a strong financial and budgeting background which we really need; and I wrote down here that I have interviewed several Department Heads and employees as to relationships and communication needs with Kevin (Smith). I have had no negative feedback whatsoever. In fact, I have had requests to keep him in his current position as he is doing such a great job. He has been able to bring together people and bring out from those people some of their best work. Employees feel that they are part of a team and that their thoughts and suggestions really do count. We have all seen that. We have all seen a rejuvenation here; I mean if we are paying attention, we have seen it. Community residents have praised Kevin (Smith) before he was City Manager, and after. As a matter of fact, I have received numerous compliments from the CALNO (Council of Local Governments in Seminole County) cities which are the seven (7) cities in Seminole [County]; Tri- County [League of] Cities regarding his willingness to help, answer questions, and provide any information he has available. It has been stated that he is very easy to work with. As for communication, Kevin (Smith) has been presenting information to this Commission for at least two (2) years and I personally have been provided concise, accurate, easy to understand data as part of my decision- making process." Additionally, Deputy Mayor Krebs explained, "I know that the 180 days is not up but I also know that the last time we spoke, we discussed that the rules had changed, and they have; and if you really look at some of that stuff I passed out, you will see what we are asking Kevin (Smith) to do." Furthermore, Deputy Mayor Krebs commented, "I would really like you guys to say whether you feel the same way, whether you see, whether you have done that evaluation process that I have gone through already, in the person that I believe really deserves this position." Commissioner McGinnis remarked, "I agree with you. We have worked with Kevin (Smith)." Commissioner Brown noted, "I agree with you one hundred and fifty (150 percent if that is possible. Kevin (Smith) has been the person that I have gone to since 2006 for straight answers and even when that was the only place that true answers were coming from; I have always found them to be true and accurate. I have respected Kevin (Smith) from that time up through this time." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 26, 2009 PAGE 25 OF 27 Next, Commissioner Hovey remarked, "I agree with Commissioner Brown and Commissioner Krebs and I think we all know what we want and what we don't want and I think Kevin (Smith) meets or exceeds all of that criteria. We have also had a lot of changes in the City in the last six (6) months and I think in order to continue to move our City forward on those good changes that we have had, we need to offer Kevin (Smith) the City Manager job on a permanent basis." Commissioner McGinnis said next, "In reality, I think we have already made that transition in our minds anyway..." Commissioner Brown said, "...Absolutely..." Commissioner McGinnis continued, "...We have accepted the fact that Kevin (Smith) is our City Manager and so, we might as well agree and let us formalize it and move forward." Manager Smith spoke as the Commission's Human Resources Director and commented on the process to hire a City Manager; and suggested a profile be considered. Then, Manager Smith said to the City Commission, "I cannot even begin to formulate in words how honored I am to hear you talk about me in this way and to say these things about me." Commissioner Bonner commented, "I too have had nothing but a great experience thus far, in all my business dealings with Kevin Smith as Interim City Manager." Commissioner Bonner then suggested that a profile and search and selection process should follow. With additional comments, Commissioner Brown stated, "I have had a longer period of time to work with Kevin (Smith). He has I think, been doing large facets of this job for years now. He has proven himself not only competent; he has proven himself effective; and he has proven himself honest and trustworthy; of really high integrity; of high ethical standing, and I think for myself, if I was to design, not having been in this position for an extremely long time, if I was to design the type of individual I would want to see as Chief Administrator of our City, especially after having worked with a couple of them and now with Kevin (Smith), I think the criteria that I would draft is going to mimic what I have seen for the past couple of years." Furthermore, Commissioner Brown remarked, "I think his past history; his commitment to the City, his commitment to this Commission, and the way in which he has professionally executed his job, I think speaks for itself." Mayor Bush added, "He gets along with all of you, and that is an unusual thing." Deputy Mayor Krebs added, "You are right, he does." Commissioner Hovey said next, "I think Kevin Smith is the right person for the job and I don't think we need to spend money and time to go out and look for someone who we already know I think we already know will do the job and is what we want." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 26, 2009 PAGE 26 OF 27 Further comments followed on a search and selection process and related decisions. Mayor Bush said, "Commissioners, you yourselves know the difference, you can feel it. And you know, the Staff feels it it is very hard to quantify. I mean it really is and the citizens have felt it. The County Manager has mentioned it to me. I mean there is a lot of confirmation that Kevin (Smith) is the right man for the job." "I THINK THAT I SPEAK FOR EVERYBODY WHEN I SAY THAT I MAKE A MOTION TO HIRE KEVIN SMITH AS OUR PERMANENT CITY MANAGER, A CONTRACT TO BE DRAWN UP BY ANTHONY (GARGANESE) AND WORKED OUT EFFECTIVE IMMEDIATELY." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. Commissioner Brown said, "Welcome Home." Deputy Mayor Krebs and Commissioner Bonner asked, "Do you accept Mayor Bush added, `He doesn't have any choice, he has to accept." Mayor Bush then stated, "Congratulations Kevin (Smith) I think you are the right man for the job! And you have proven yourself. We don't have to interview four (4) or five (5) other people to know that you are the right guy believe me." Deputy Mayor Krebs added, "We don't." Mayor Bush asked the City Commission, "Would you like to have a formal reception to meet our new City Manager and his family Deputy Mayor Krebs stated, "Yes." No objections were noted. Mayor Bush said to City Clerk Lorenzo Luaces, "Would you coordinate this with Kevin (Smith) because his family has got to be involved in this and some of the Commissioners are going to be out of town and so forth and so on. Can you handle that City Clerk Lorenzo Luaces said "Yes" and asked if they had preference for the location? Manager Smith stated, "I think we can work it out." Mayor Bush added, "Andrea (Lorenzo Luaces), you and Kevin (Smith) work that out the main thing is that we want the people to be able to attend so we need to have it at the time the Commissioners can all be in attendance and give it time to get it advertised so people know." Again, Mayor Bush said, "Congratulations Kevin (Smith)!" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 26, 2009 PAGE 27 OF 27 ADJOURNMENT Mayor Bush adjourned the Special Meeting at 9:49 p.m. RESPECTFULLY SUBMITTED: ORENZO LUACES, MMC CI CLERK APPROVED: A l i OR JOHN F. BUSH NOTE: These Minutes were approved at the June 8, 2009 Regular City Commission Meeting.