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HomeMy WebLinkAbout2009 10 12 Consent 204 Approval of September 28, 2009 Regular Meeting MinutesCALL TO ORDER CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 The Regular Meeting of Monday, September 28, 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, absent City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. City Attorney Anthony A. Garganese distributed a letter related to Consent Agenda Item "200 Under Agenda Changes, discussion followed on moving Regular Agenda Item "605" to earlier in the Meeting. Hearing no objections, Mayor Bush stated, "We will do that." Mayor Bush also mentioned an email from a resident who had pointed out that this was Yom Kippur and that the resident was disappointed that we didn't recognize Yom Kippur as the second Public Hearing for the Budget was scheduled for this evening. Next, Mayor Bush noted, "The first Agenda Item is the Public Hearing on setting the Millage and as well as the Budget we could delay that until sunset which is 7:15 [p.m.]." Attorney Garganese stated, "The law just requires that the Millage Hearing occur after 5:00 p.m." Mayor Bush inquired, "Is there anyone in the audience who wanted to address the Commission on the Millage or the Budget Mayor Bush then addressed at least one individual who raised their hand and asked, "Is it a problem for you to wait until 7:15 [p.m.] or so Mayor Bush said, "With that in mind then, we will move [Public Hearings] items `500' and `501' to after 7:15 [p.m.] tonight." AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. INFORMATIONAL AGENDA CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 2 OF 32 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 Upcoming Scottish Highland Games Agreement. This Agenda Item was not discussed. "MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Community Development Department Urban Beautification Division Requesting The Commission Adopt Resolution 2009 -49, Declaring Support For The Florida Trail Association (FTA) Gateway Community Program, And Requesting Execution Of The Related Memorandum Of Understanding (MOU) Between FTA (Florida Trail Association) And The City, Outlining The Responsibilities Of Each Party Under The Program. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 3 OF 32 CONSENT 201. Utility Department Requesting The City Commission Approve The Fourth Addendum To The Effluent Disposal Easement Agreement With Tuscawilla Country Club. Brief discussion followed with Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Departments. Mayor Bush then said, "Everybody is happy then with the way it reads Commissioner Rick Brown stated, "That is fine. No objections were noted. CONSENT 202. Police Department The Police Department Requests The Commission To Give Approval For The Renewal Of The Annual School Resource Officer Inter Agency Agreement Contract With The Seminole County School Board. There was no discussion on this Agenda Item. CONSENT 203. Information Services Department Requests Commission Approve Renewal Of The Munis Annual Maintenance And Support Agreement In The Amount Of $55,247.00 And To Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. This Agenda Item was not discussed. CONSENT 204. Parks And Recreation Department Requesting Authorization To Award The Contract For Landscape Maintenance And Chemical Services For Winter Springs Neighborhood Parks. No discussion. CONSENT 205. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Addendum To The Concession Stands Operation Agreement With Winter Springs Youth Sports (Babe Ruth League) To Operate The Central Winds Park Concession Stands Another Year. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 4 OF 32 CONSENT 206. Office Of The Police Chief, Office Of The City Manager, And Office Of The Mayor And City Commission Requesting The City Commissions Approval Of Resolution Number 2009 -51 Recognizing The Retirement Of Police Department Employee Patricia Schraff. This Agenda Item was not discussed. CONSENT 207. Community Development Department Planning Division Requests That The City Commission Adopt Resolution 2009 -50, The Five -Year Capital Improvements Program (CIP) For FY (Fiscal Year) 2009/(20]10 2014/1201 15. No discussion. CONSENT 208. Office Of The City Clerk Requesting Approval Of The September 14, 2009 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE" (CONSENT AGENDA). MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. ATTORNEY GARGANESE ASKED IF THAT INCLUDED THE REVISIONS NOTED IN A DOCUMENT HE DISTRIBUTED? COMMISSIONER HOVEY AGREED. ATTORNEY GARGANESE THEN SAID, "JUST LET THE RECORD REFLECT THAT." VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 5 OF 32 AWARDS AND PRESENTATIONS 300. Office Of The Police Chief, Office Of The City Manager, And Office Of The Mayor And City Commission Presentation Of Resolution Number 2009 -51 Recognizing Patrica Schraff For Her 26 Years Of Dedicated Service As An Employee Of The City Of Winter Springs; And Expressing Our Appreciation On Behalf Of The Citizens Of The City Of Winter Springs. Mayor Bush and the City Commission, City Manager Kevin L. Smith, and Chief of Police Kevin Brunelle presented Resolution 2009 -51 to Ms. Patricia Schraff for her many years of service to the City of Winter Springs. Brief comments followed. REPORTS REPORTS 400. Office Of The City Attorney Anthony A. Garganese, Esquire Attorney Garganese mentioned that at the last City Commission Meeting, he had advised the City Commission on the Jones v. Winter Springs' Stormwater Fee Case and that they attended the Motion for Summary Judgment Hearing that had been filed on the City's behalf. Attorney Garganese advised the City Commission that this Case was removed from the October Trial Docket as at the Summary Judgment Hearing, Mr. Jones filed an Amended Complaint adding more claims to his lawsuit; including a claim that the City of Winter Springs' Stormwater Fee is an unlawful tax. Attorney Garganese explained they would now be working on filing an answer to the Amended Complaint. REPORTS 401. Office Of The City Manager Kevin L. Smith No Report. REPORTS 402. Office Of The City Clerk Andrea Lorenzo Luaces, MMC City Clerk Andrea Lorenzo Luaces advised the City Commission that the City of Oviedo has now confirmed holding a Joint Meeting with Winter Springs on Tuesday, November 10 2009, and that this Joint Meeting would be held here at Winter Springs. There were no objections to this. Secondly, City Clerk Lorenzo Luaces mentioned that she has been in touch with several Legislators in trying to set up Meetings with the City Commission and Winter Springs residents and noted that tentatively, we were trying to see if Monday, November 16 2009 would work with Senator Lee Constantine. City Clerk Lorenzo Luaces asked if the City Commission would hold that date while we wait for confirmation or cancellation by Senator Constantine's office. The Mayor and City Commission agreed to this. REPORTS 403. Office Of The Mayor John F. Bush Mayor Bush commented on a recent meeting of the Florida League of Cities Board of Directors Meeting that he attended. Next, Mayor Bush mentioned that the gifts recently purchased for the longest serving Board /Committee Members, which had been awarded at the Board and Committee Appreciation Dinner needed to be approved for payment by the City Commission. "I MAKE A MOTION THAT IT IS OKAY." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REPORTS 404. Commission Seat One Jean Hovey No Report. REPORTS 405. Commission Seat Two Rick Brown CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 6 OF 32 Commissioner Brown asked Attorney Garganese, "Is our defense covered under your flat fee Contract, in the Jones Case Attorney Garganese added, "Under the new Contract the litigation would be the same one hundred and fifty dollars ($150.00) an hour; all the day -to -day stuff would be under the new Contract on the flat fee Retainer, once it is incorporated into the Budget." 0 w .n CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 7 OF 32 Discussion followed on the Case that Attorney Garganese mentioned under his Report and the related Ordinance. Next, Commissioner Brown commented, "I don't know when the last time was that we looked at our City Boards in a comprehensive manner to see if all those Boards still fit our needs or if they are currently either providing or not providing things we either do or do not need from an advisory perspective; and I wonder if there would be merit in having a look at all of them or having a look at what the needs of the City really are." Deputy Mayor Joanne M. Krebs mentioned an Advisory Board Seminar that had been put on by. the Florida League of Cities and suggested, "Maybe Andrea (Lorenzo Luaces) could get that from the League and we could actually use that and maybe we could even have that information ahead of time." Manager Smith suggested, `Be happy to bring this back as an Agenda Item for either a future Meeting or a Workshop, whichever the Commission sees fit, along with the information Deputy Mayor Krebs referenced." Mayor Bush recommended, "What about asking the League to get involved Mayor Bush then said to Manager Smith, "You might want to call the League office and see if there is anything they can do to help on this." Commissioner Gary Bonner added, "I think I would benefit if we had each of the Board Chairs come in to a Workshop type environment." Commissioner Bonner added, "These are the folks that are leading those particular Boards and we could get their feedback and maybe in a Workshop format and bringing in the League of Cities with their global view. I think that would be a very effective session for us." Mayor Bush added, "Why don't we let Kevin (Smith) do the Agenda Item like he mentioned and then at that point we would decide when you would want to have the Workshop. When do you want to bring that back to the Commission, Kevin (Smith) Manager Smith remarked, "I think I am hearing you say I would bring back an Agenda Item that would be basically to set a date for the Workshop and discuss a few of these issues. I originally was of the thought process that the Agenda Item I brought back would be to have the actual discussion so, if it just a matter of setting a date, we can bring it back at the next Meeting Mayor Bush asked the City Commission, "Is that okay with everybody No objections were noted. Lastly, Commissioner Brown then mentioned that his parents had moved into the City. REPORTS 406. Commission Seat Three Gary Bonner CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 8 OF 32 Commissioner Bonner noted he recently attended the Reserve at Tuscawilla Homeowner's Association meeting and added, "I do want to thank Staff and in particular, Randy (Stevenson, ASLA, AICP, Director, Community Development Department)" for his assistance. Secondly, Commissioner Bonner complimented Chief Brunelle and his staff on the Police Department's outstanding Citizen's Academy and suggested others also consider attending. Thirdly, Commissioner Bonner mentioned he represented the City at the recent Oviedo Winter Springs Regional Chamber of Commerce luncheon. Lastly, Commissioner Bonner asked if the Code Enforcement Board should have legal representation at their Meetings, especially in consideration of the extra caseload, including Red Light Infraction Cases? With discussion, Commissioner Bonner suggested the Commission might want to reconsider having legal representation and asked Attorney Garganese, "We are going into a new contract relationship with your Firm effective the 1 of October and I think that is a flat rate but would that coverage apply to our Boards as well Attorney Garganese noted, "Yes, if the City Commission wanted my Firm to cover that Meeting, representing the Code [Enforcement] Board, it would be covered under the flat fee." With further comments, Manager Smith stated, "I think they would benefit from some legal representation, however, I would be happy to discuss that with the Chair and see if the Board is of the mindset to go that route." Discussion ensued on previous discussions related to a Magistrate /Hearing Officer. Commissioner Bonner suggested, "Assuming the Budget is ratified as proposed, might be to bring this back for the Manager to bring this back as an item after having a chance to speak with the Code [Enforcement] Board and get some feelings or feedback on that." Commissioner Brown asked, "Could we have a Magistrate to handle the Red Light Camera Infractions and a board..." Attorney Garganese stated, "...Yes. The Commission can decide that certain Infractions go to a Hearing Officer and some go to the Code Enforcement Board." Discussion. Manager Smith suggested, "You move forward, direct Anthony's (Garganese) Firm to provide legal representation for the Code [Enforcement] Board; and maybe we revisit this issue regarding a Special Magistrate at an appropriate time down the line." "I WILL MOTION THAT WE GO AHEAD AND DIRECT ANTHONY'S GARGANESE] FIRM TO BEGIN TO PROVIDE LEGAL COUNSEL AT FUTURE CODE [ENFORCEMENT] BOARD MEETINGS ON BEHALF OF THE BOARD AND ON BEHALF OF THE CITY." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. MANAGER SMITH SAID TO ATTORNEY GARGANESE FOR THE RECORD, "THIS IS UNDER YOUR FLAT FEE CONTRACT ATTORNEY GARGANESE RESPONDED, "IT WOULD BE NO ADDITIONAL COST." VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REPORTS 407. Commission Seat Four Sally McGinnis Absent. REPORTS 408. Commission Seat Five /Deputy Mayor Joanne M. Krebs CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 9 OF 32 Deputy Mayor Krebs commented on attending the recent Tri- County League of Cities meeting and noted that we "Had to retire as undefeatable champions" and we are hoping for some kind of permanent Recognition Award. Next, Deputy Mayor Krebs mentioned reading about a new Farmer's Market near the University of Central Florida and asked about the expected Business Plan for the Winter Springs Farmer's Market. Mr. Stevenson stated, "We have that Business Plan we got it last week. We are currently looking at it and we will be bringing that back for an Informational item to the Commission, the first Meeting in October I believe." REPORTS 406. Commission Seat Three Gary Bonner CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 10 OF 32 AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORTS WERE DISCUSSED NEXT, AS NOTED, FOLLOWED BY THE REST OF THE AGENDA. REPORTS 0 Qi REPORTS 403. Office Of The Mayor John F. Bush Mayor Bush mentioned a recent Meeting he attended which discussed a possible strong i~.�:0 Mayor form of government for Seminole County. Discussion. Commissioner Bonner mentioned he had attended a (US Highway) 17 -92 Community Redevelopment Agency Meeting and had a personal meeting with Mr. John Metsopoulos of Seminole County. Commissioner Bonner mentioned that this organization had received nine million dollars ($9,000,000.00) in funding and thought it would be helpful if Mr. Metsopoulos could give the City Commission an update on this program. Tape 1 /Side B Discussion. Commissioner Bonner then suggested, "I am guessing the Manager will be able to set up something with County staff, sometime in the October, November time frame for us." PUBLIC INPUT Mr. Laurent Pellerin, 116 South Moss Road, Winter Springs, Florida: commented on the Bright HouseTM site and his concern with insufficient parking, the gates, and that the City's right -of -way has not been maintained. Mr. Paul P. Partyka, 292 Solaris Wharf Street, Winter Springs, Florida: spoke on behalf of the Oviedo Winter Springs Regional Chamber of Commerce and commented in favor of Regular Agenda Item "601" but suggested a two (2) year time frame be considered. REGULAR AGENDA CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 1 1 OF 32 Mr. Dale Kirby, 122 Seville Chase Drive, Winter Springs, Florida: thanked the Mayor and City Commission for the recent Board and Committee Appreciation Dinner; and mentioned last month's PBAS (Private Business Association of Seminole) meeting and noted that Commissioner Bonner might want to follow up with the City of Casselberry as they are using Community Redevelopment Agency money for renovations /facelifts of buildings on (US Highway) 17 -92. •3 AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA AS DOCUMENTED. REGULAR 605. Office Of The City Manager Requests That The City Commission Consider Making An Appointment/Reappointment To The South Seminole And North Orange County Wastewater Transmission Authority For The City's Representative And Alternate To The South Seminole And North Orange County Wastewater Transmission Authority. Commissioner Bonner mentioned that he had asked Mr. Donald Gilmore, our City's current representative to share additional information about the South Seminole and North Orange County Wastewater Transmission Authority with the City Commission. Mr. Donald A. Gilmore, 803 Leopard Trail, Winter Springs, Florida: stated, "Basically, the South Seminole and North Orange (County) Wastewater Transmission Authority was created back in the [19]'70's when they built Iron Bridge Orange County built Iron Bridge and then they formed the South Seminole and North Orange County Wastewater Transmission Authority; and members of the Authority are Winter Park, Maitland, Casselberry and Winter Springs. Winter Springs is unique in it because we don't give them any sewage; we don't give them any money; we don't spend their money. In fact, it's one of the things as a member of the Board, I Vote on everything. But one thing I will not do is Vote to spend their money, they do that. I'm not going to interfere in that arena. But, the Authority is owned and operated the transmission system which is thirty -one (31) miles of pipe, is owned by the Authority and there you can see the customers are Winter Park, Casselberry, Maitland, and Seminole County. All of the customers are on the governing board. We are a member of it, but make no commitment to the capacity or anything else. Each City has entered into an Interlocal Agreement with the Authority concerning capacity, etc. and inflow of water, Stormwater. The agreement sets forth a system of fees and charges. Right now we're running about 13,000,000 gallons a day of sewage. Treatment costs are billed and paid directly to the City of Orlando. Current cost for the wholesale customer is about one dollar and twenty -six cents ($1.26) per thousand gallons. If Winter Springs would ever want to get in to it, I could almost assure you it would get a little bit expensive, because number one the City would have to make an agreement with the City of Orlando and get some committed flow capacity. You would have to draft an Interlocal Agreement with Orlando and with the Authority and then there would be a connection problem, because you would have to run transmission lines accordingly. Some of the big projects the Authority have been involved in most recently was the Aloma Expansion, which took the Authority over a year to re -do lines and get them out of the right -of -way so that those would be safe. Dean Road was also tied in with Aloma and we're getting ready to once again go in there and move the lines. The big one coming up in the future, will be the Red Bug fly -over. We're going to have to relocate transmission lines on that one. We are going to have to do some work at the Howell Creek and Aloma." Further discussion followed. Mr. Gilmore remarked, "The City has no physical connection into the network. And, if we would want to, again, we would have to negotiate capacity with Orange County and sign on with them and then with the Authority." Attorney Garganese noted, "The Florida Legislature created this Authority by Special Act; meaning, there was a piece of legislation that is in your Agenda packet. The Legislature created that and so the enabling rules are in Chapter 78 -617 which makes the City of Winter Springs a member of this Authority. You have the ability to Appoint the service area for this Authority would include Winter Springs under certain terms and conditions that would be negotiated. So, that's why this keeps coming up for Winter Springs, but as long as I've been here, Kip (Lockcuff) always said we are not using the Authority's transmission lines, but by Statue, by Special Act, this Commission has the right to Appoint one of the Authority's Members. So, the City has been doing it for thirty -one (31) years but hasn't been using the Authority's transmission lines for moving sewer." Mr. Lockcuff noted, "It doesn't cost us anything, so I wouldn't encourage you to get out of it; because who knows what will happen down the road. At some point, we are going to have to do some plant replacement in the next five (5), ten (10) years or something; this may be an option available to us. So, that's why I don't really have any incentive to encourage you to pursue Legislative changes. The only cost is time." Further comments. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 12 OF 32 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 13 OF 32 Commissioner Brown asked, "What happens if this high -yield sewer line breaks under Tuskawilla Road who is responsible Mr. Gilmore stated, "The Authority has full responsibility for everything." With discussion, Commissioner Brown inquired, "And they cover all costs of the City Mr. Gilmore responded, "Yes." Mr. Terry Zaudtke, P.E., DEE, Executive Vice President, CPH Engineers, 1117 East Robinson Street, Orlando, Florida: addressed the City Commission and explained, "In 1978, Mr. Conklin, who is the `C' in `CPH', was on that Authority Board and worked with the Legislature to get that through. At that time Winter Springs was a member entity, but did not own the utilities. They were both private utilities at that time. And then so in 1982, when it came into being, where Orlando actually had the wastewater plant and was able to take flows; again, the City did not have control over their wastewater system or their destiny and would not be able to get flow there. You would have been allocated 500,000 at that time and in [19]'82, the design for that upper force main that you see coming down to Tuskawilla Road on the top, has got between 500,0000 and a 1,000,000 gallons per day of capacity, that was allocated for Winter Springs to be able to connect. And then it goes up a little bit if you were to pick up the Tuscawilla plant as well. Then, along came about 1984, and Iron Bridge got into all sorts of effluent problems and had to find big solutions. They built their wetlands at about that time and they enacted a moratorium; and nobody was getting any flows. That was about the time when the City bought their first Utility on the Winter Springs side and the Tuscawilla one came in the [19]'90's So, there was talk about that time, once the City bought it, that we would connect, but then there was a moratorium put in and other people, Winter Park, Maitland and Casselberry all reactivated the wastewater plants they had in order to meet their sewage needs at the time. And they're all using those now for reuse, which is the same thing the City of Winter Springs is doing. That is a brief history of where we got, where we are today. And, you are a member entity at any time like Don (Gilmore) says, if you paid your fees to get in, you probably could buy someone's capacity. You would have to buy it's all allocated now, you would have to buy it from one of the other member entities most likely." Commissioner Bonner then noted, "There is no available capacity; although, I see in this Report, there is a reference to what is called a reserve capacity." Mr. Zaudtke stated, "There probably is a reserve. I can tell you that Orange County is never going to be utilizing their capacity, according to them. And their capacity has been up for sale, it is about 387,000 gallons. Casselberry claims that they have some excess capacity and Seminole County says that they have some excess capacity. So, there are entities out there that have `Excess capacity that would be able to be purchased by paying those impact fees that they have paid over the years'." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 14 OF 32 Commissioner Bonner added, "It is an interesting resource at currently a dollar twenty six ($1.26) per thousand gallons at least, in the Report we just saw. Just an interesting resource that is out there; which it sounds like it is at capacity and we couldn't utilize unless we bought someone else's capacity." Mr. Zaudtke noted, "Technically, it's not at capacity, but everything's been sold. Somebody has ponied up the money to own that capacity and they would be will to probably sell it to you. But, it's not capacity that you would be able to just gather without a negotiated deal with one of those entities." Next, Commissioner Bonner asked, "Does Iron Bridge turn the Wastewater they receive into Reclaim and are they planning to throw back into some sort of Reclaim grid and sell it Mr. Zaudtke stated, "Currently, it's only going to the east. They have an agreement with Seminole County and Oviedo has a sub agreement with Seminole County for about 8,000,000 gallons a day of Reclaimed water. That line goes out of the plant and heads down the county line on McCulloch Road over to Lockwood Boulevard and goes up Lockwood Boulevard and serves, will serve there's been no connection yet the City of Oviedo, on that side of town as well as the Seminole Community College Campus and that line also goes to the south and feeds UCF [University of Central Florida] with Reclaimed Water. Commissioner Bonner then said, "Communities send their Wastewater pay a fee to send it down there, have it processed and then the Authority potentially is going to turn that into Reclaim an sell it to a couple of communities Mr. Zaudtke pointed out, "The Authority's jurisdiction ends at the connection on Dean (Road) and McCulloch (Road), where it becomes the City of Orlando sewer; and from there on, the plant is considered City of Orlando and the City of Orlando is the one that treats it." Commissioner Bonner remarked, "Is this supply in any way a potential resource to Winter Springs, to our needs Mr. Zaudtke answered by saying, "It is a potential resource. The cost would be involved in getting it from the area down there on [State Road] 434 and McCulloch (Road), back up into the City and then the cost of paying somebody for it. Currently, the agreement that Seminole County has is hooked to the amount of wastewater that they send to Iron Bridge. They can't take out more effluent then what they send." Commissioner Brown commented to Manager Smith, "We have got capacity we don't need, at a cost we don't know and a potential in the future, we probably can't use, why are we doing this and the fact that it doesn't cost us anything it is still administratively..." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 15 OF 32 Manager Smith stated, "...It happened long before any of us were here. I think the only reason why wouldn't stop is that we don't know there is always an unknown out there. And since, it costs us nothing, and since that we really have no financial obligation, it's better to have it sitting there in case we ever needed it." "I WOULD LIKE TO MOTION THAT WE REAPPOINT MR. DON GILMORE TO REPRESENT THE CITY OF WINTER SPRINGS TO THE SOUTH SEMINOLE AND NORTH ORANGE COUNTY WASTEWATER TRANSMISSION AUTHORITY." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: NAY COMMISSIONER HOVEY: NAY DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE MAYOR BUSH: AYE MOTION CARRIED. Discussion followed on an Alternate Appointment; and Commissioner Bonner said, "I would suggest that we take this Alternate question back to the Manager in the upcoming review of all Boards and we will have a chance to address it at that time. Just call this one more thing for us to look at in that package and if we decide we need to go down that path, I am sure we could find a citizen willing to serve." Mayor Bush added, "So, we won't bother with an Alternate at this point. Everybody agree with that No objections were noted. Commissioner Bonner noted that a member of Attorney Garganese's Law Firm represents the South Seminole and North Orange County Wastewater Transmission Authority and Commissioner Bonner said to Attorney Garganese, "Perhaps from time to time, those Minutes could be circulated to us on the dais just so we can have an appreciation of what is going on at the Authority Attorney Garganese remarked, "Certainly." Attorney Garganese stated for the Record, "If the City ever wanted to get out of this arrangement, they could petition your local delegation of the Florida Legislature and present a Special Act of the Legislature to pull Winter Springs out of this Authority all together." PUBLIC HEARINGS AGENDA PART II CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 16 OF 32 Commissioner Brown spoke for the Record and stated, "Please don't consider potentially allocating tax dollars by nominating a Staff person to spend any time on this." AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA AS DOCUMENTED. PUBLIC HEARINGS 502. Utility Department Requesting The City Commission Hold A Public Hearing For The 2 Reading And Adoption Of Ordinance (Number) #2009 -13 Amending Chapter 19, Utilities, Of The Code Of Ordinances Regarding Water, Wastewater, And Reclaimed Water Rates, Fees, And Charges. Attorney Garganese read the Ordinance by "Title" only. Mr. Lockcuff stated, "The Ordinance remains unchanged except for the directive of the Commission to delete the second and third year off the Reclaimed rates." Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input portion of the Agenda Item. Commissioner Brown commented for the Record, "Other than the expansion of the Reclaimed water capacity, the reason this is happening is under the last administration, proper financial controls weren't put in place to make sure that the bonded debt ratio was properly maintained which put us in a position now where we have to increase rates in order to cover that debt ratio. Is that correct Manager Smith stated, "In 2008, we did not meet our bond debt coverage we were in jeopardy of not meeting the coverage. We did through some actions of this Commission in order to make up a shortfall. The same issue was facing us in 2009, so part of the rate structure is to ensure that we comply with our legal requirements of our Bond covenants." "MOTION TO ADOPT ORDINANCE 2009 -13." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. COMMISSIONER BONNER ASKED MANAGER SMITH, "DO YOU FORESEE ANY ALTERNATIVES AT ALL TO THE PATH THAT WE ARE TAKING THAT MIGHT WARRANT THIS COMMISSION DELAYING THIS ACTION IN ORDER TO FURTHER STUDY THIS, DUE TO EITHER SOME ADDITIONAL INSIGHT ON CAPITAL SOLUTIONS, FURTHER COST REDUCTIONS, FURTHER EFFICIENCIES THAT MIGHT BE AVAILABLE FOR US TO EXPLORE IS THERE ANYTHING REMOTELY IN YOUR FACTUAL OR HOPEFUL WINDOW THAT YOU FORESEE THAT WE SHOULD TAKE SOME TIME TO STUDY THIS FURTHER, BEFORE WE PROCEED WITH APPLYING THESE RATE INCREASES TO OUR CITIZENS IN ORDER TO COVER THE COST OF PROVIDING THEM CLEAN DRINKING WATER AND TAKING CARE OF THE PROPER TREATMENT OF THE BY- PRODUCT WASTE." WITH FURTHER COMMENTS, MANAGER SMITH SPOKE OF RATES AND DEADLINES AND ADDED, "IT IS MY PLAN TO COME BACK TO THIS COMMISSION WITH ALTERNATIVES AS WE MOVE FORWARD IN ANTICIPATION OF THIS DISCUSSION AT A FUTURE POINT IN TIME; SO, I DON'T KNOW WHAT THAT IS GOING TO HOLD AT THIS POINT, BUT WE WILL EXAMINE ANY AND ALL OPTIONS AND REPORT BACK TO THE COMMISSION IN ANTICIPATION OF THE NEXT TIME WE HAVE THIS DISCUSSION." Tape 2 /Side A ADDITIONAL DISCUSSION CONTINUED. VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 17 OF 32 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 18 OF 32 PUBLIC HEARINGS 503. Community Development Department Planning Division Requests The City Commission Hold A Public Hearing For 2 Reading And Adoption Of Ordinance 2009 -08, The Evaluation And Appraisal Report (EAR) Based Amendments (DCA [Department of Community Affairs] No. [Number] 09- 1ER) To The Comprehensive Plan Which Includes Changes To The Future Land Use Element; Transportation Element; Housing Element; Infrastructure Element; Recreation And Open Space Element; Conservation Element; Public School Facilities Element; Intergovernmental Coordination Element; And Capital Improvements Element, As Well As Changes To The Future Land Use Map Including Golf Side Villas; Lot 91 And 92 Of Tuscawilla Unit 12; Torcaso Park; Diane's Park; Portions Of The FP &L (Florida Power And Light) Easement Between Moss Rd (Road) West To The City Limits; Moss Park; Foxmoor Unit 2 And 3 Open Space; Fruitwood Park; And Sam Smith Park In Response To The Objections, Recommendations And Comments (ORC) Report Of The Florida Dept (Department) Of Community Affairs' And Consistent With Chapter 163, Florida Statutes And 9 -J5, Florida Administrative Code. Attorney Garganese read the Ordinance by "Title" only and noted, "There is a sign -up sheet if any member of the public would like to be notified. Please fill out the sign -in sheet which will go to the Department of Community Affairs and you will be notified as this Ordinance progresses if the Commission Adopts it. If the Commission Adopts this Ordinance, this whole EAR (Evaluation And Appraisal Report) package will be submitted to the Department of Community Affairs for final review, at which point they would issue a Notice based on what they are telling staff; issue a Notice of Compliance and then the Amendments would be in effect twenty -one (21) days after the Notice of Compliance is published." Mayor Bush opened the "Public Input portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input portion of the Agenda Item. "MOTION TO ADOPT." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DEPUTY MAYOR KREBS ADDED, "ORDINANCE 2009 -08." DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 504. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 19 OF 32 PUBLIC HEARINGS 505. Community Development Department Requests That The City Commission Consider Brighthouse's Application For A Special Permit Related To Modifications To The Existing Brighthouse Site On South Moss Road. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item. Discussion. Deputy Mayor Krebs commented on noise levels and asked, "How did you determine that? Did you do any testing anywhere, comparisons, decibels on what is going up; what is currently occurring there because my fear is that we will allow something to go in only to find out later that it is noisier, and it is not fair to the surrounding community to do that." Mr. Baker explained, "We did not do any kind of a decibel check. What we did note was that the existing generator is right out in the open. They're proposing to have twelve foot (12') walls around it. We can require them to put the extra quiet mufflers like we talked about with the telecommunication tower. That's not a real big deal. But again, the gentleman who called me told me that really the noise was not the problem, it was the parking and the aesthetics." Mr. Baker further noted, "In terms of the aesthetics it's about a 100' tall, it's not very pretty and we'd just assume that taking that down, putting some new buildings and some nice landscaping around there would be an improvement." Deputy Mayor Krebs agreed and stated, "Right, well, taking that down would be an improvement, you are right. I don't disagree with that; I just wondered where, I mean with your statements if you did sound measurements between what it is currently there and what is proposed or how you came to that determination. The issue of cars parked on our right -of -way and over sidewalks is just not going to be acceptable." Mr. Baker added, "Well, with the sidewalk I believe is a Violation of State Law anyhow." Mr. Baker then said, "We have told them that. We have not received their Site Plans or Aesthetic Review Submittals yet. We're expecting them at almost any time. But, in terms of the noise, we can get a machine and measure what's there now and then we can measure what they put in with the twelve foot (12') wall around it and there is a problem we can address that to make sure that it's less." Deputy Mayor Krebs stated, "Well, I like the idea of the mufflers, too" Captain Glenn Tolleson, Code Enforcement Bureau, Police Department commented on the site and stated, "Typically what happens is those gates swing out, which when they come open, they do block the sidewalk while they are moving the equipment in an out for short periods of times. However, on some occasions, they're left in that manner. So, I addressed that this morning with one of the Supervisors down there and he was issuing out an email this morning to ensure that the gates are locked back open and not blocking the driveway any longer. As far as the right -of -way, we talked about that. They do sometimes put it on the right of -way to move vehicles around. There again, they are not left overnight. It's in the transition. We spoke about that and he was going to look for some remedies to that as well. CITY OF WINTER SPRINGS, FLORIDA M INUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 20 OF 32 Deputy Mayor Krebs commented, "I think they need to find remedies because I just don't think it is right I personally don't think any neighborhood has to tolerate that. Not if we can and maybe then, when it was built then, there was not a lot of traffic around, maybe it was acceptable, I don't know. With further comments about the gate, Deputy Mayor Krebs stated, "I am sure they can come with some kind of something that makes it blend with the neighborhood and that is what we have to do." Captain Tolleson suggested, "Perhaps a sliding gate." Captain Tolleson remarked, "As far as that generator, if you all would like, I do have the decibel meter. I would be happy to take a reading." Commissioner Bonner said, "That is a good idea." Deputy Mayor Krebs added, "I just don't want it to increase any; and if we can decrease it, I would like to see it decrease as well. Commissioner Hovey stated, "Well, I wanted to comment and agree with Mr. Pellerin. I drive that road a couple times a day and in the mornings, it is a problem when they have the gates open because there are children that ride their bikes on that sidewalk and I have seen them dart out in the road and sometimes they can't see because there are trucks and stuff there and Glenn (Tolleson) will tell you, Moss (Road) is a busy road. So, something does need to be done before there is an accident there. And, it is usually in the morning when I see it, which is between seven and eight o'clock, which is when the kids are going over to Winter Springs [Elementary School]. So, it is an issue." Commissioner Brown commented, "I would also agree with that before I get into my other comment. But, I think we ought to be aggressively enforcing a Code Violations when it comes to blocking that sidewalk. John (Baker), we have precedent for generators and I notice the room isn't nearly as full as it was during the Tuscawilla Country Club debate over that Cell Tower, but we made them comply with noise, ornamental shrubs, hidden from view. Just because that community isn't as vocal as Arrowhead and the Estates I don't know why we wouldn't uphold the same criteria we put in place to protect the residents of Arrowhead as we would from the residents of Moss Road. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 21 OF 32 Mr. Baker responded, "You could certainly as a condition require a very adequate landscape." Commissioner Brown said, "I think we should use that as a model." Mr. Stevenson, stated, "I totally agree with you. I think what we are looking for here tonight, is just the authority to move ahead; understanding that site planning and the parking issues and the gates, and the aesthetics and the noise and so forth are going to have to be addressed at the Staff level, as will the aesthetics of this new facility. It will be coming back before this Commission. So, I just wanted to make that statement so that we all understood kind of where we were at in the process. Mr. Joseph K. Pinckney, Senior Director of Networking Construction, Bright HouseTM Networks, 6373 All American Boulevard, Orlando, Florida: stated, "We're here to be a good neighbor, absolutely. And that was one of our I think that was our third facility we built when we started the fiber optic upgrades. So, it started, we designed it in [19]'94; built it in [19]'95. We have obviously learned a lot over the last fifteen (15) years on the goings of this nature. So, the first thing I can say is that the gate will be a sliding gate, to where it doesn't swing at all. We've done that to our last fifteen (15) or so buildings. For one thing, it's easier for the technicians; it' s quicker for the technicians and just doesn't take up nearly as much real estate, as you can imagine. So, we have gone to that as a standard. The generator, I can absolutely tell you will be quieter. It's behind a twelve foot (12') wall. Today it's out in the open. We're also using the sound baffling techniques on the mufflers we're not here to disturb or disrupt anybody no matter what neighborhood they live in. So, vocality, if I can coin a phrase really doesn't come into we want to be a good neighbor to all of our neighbors in Central Florida and everybody we serve. So, those are the two (2) biggest things we hear everywhere we go, quite honestly. And we're very cognizant of that. We take every step we can to alleviate that. The site today is very cluttered. You see the propane tank is up very prominently and that will be underground on our next version. So, we'll un- clutter the site. We'll have significantly more concrete on the inside of the fence to be able to move around, so that we will not be in the right -of -way. And, I encourage you to enforce the Code any way. We shouldn't be blocking the sidewalk, period. Doesn't matter if there is an outage we are running or anything, we need to be mindful of traffic laws, everything. Safety is first. I encourage that and really we are definitely sympathetic to Mr. Pellerin's concerns." Mr. Pinckney added, "I have got his address and so I can mail him my business card in case there is any controversy out there; or, we're not cutting the grass right; but I believe all the sites I have been to lately, we've a good landscaping company at the moment; so, we always keep an eye on that as well. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 22 OF 32 So really, we believe it will be a win for the community a win for us. It is much easier said than done to move one of these things; so, that's not particularly an option at this time. So, it will help for us to extend our services, it will update the site. It will be much more aesthetically pleasing and it will definitely decrease noise and just be a win/win, good neighbor policy." Attorney Garganese asked Mr. Pinckney, "In the last fifteen (15) years or so you have learned a lot about designing these sites, what other aesthetic enhancements have you made that haven't been mentioned, in order to make this more palatable for a residential neighborhood Mr. Pinckney responded by saying, "I wouldn't really want to get into designing on the fly. In this environment, we'll come in with building elevations; we've done some awnings. Aesthetics are in the eye of the beholder. Some people say they look like McDonalds, so I don't know. We have done a couple of versions of fake windows, painted windows, so that's an idea we're considering for this site. I was talking more of the functionality or things like gates swinging open. Things like driveways if they're too steep or you kind of bottom out on it. It was more functionality than aesthetics is what I speaking of, but we're definitely open to working with you." Continuing, Mr. Pinckney explained, "Landscaping for sure, we do a much better job of landscaping than when the site was originally done, from the shrubbery standpoint things of that nature." Attorney Garganese then asked Mr. Pinckney, "The concrete that you mentioned, or the pavement inside the fenced in -area, what enhancements are you proposing to make Mr. Pinckney stated, "It's the way the building will lay out." Mr. Pinckney added, "It will expand to the right and the generator enclosure will be on the right, so that area will be paved in, nice. It will be squared off." Attorney Garganese inquired, "And that is for what purposes of bringing your trucks in there so they're not on top of the sidewalk Mr. Pinckney remarked, "Yes, and also to get to the doors. There will be a door with the generator enclosure on the right; there will be a door to the new building on the right side of that, which is actually an expanded building before you tear the wall down, between the two (2) buildings, you need to build the place without compromising security." Mayor Bush asked Mr. Pinckney, "Where is this wall going to be? This twelve foot (12') wall you are talking about? Is going to be so that it hides this building from the street CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 23 OF 32 Mr. Pinckney explained, "That's the current concrete parking area. That's the existing 600 square foot building. This will be our proposed new equipment building just to the right of the existing one. Currently, where the tower is today, is about right there. This is then the generator HVAC (Heating Ventilation and Air Conditioning) enclosure. Today, also the air conditioner compressors are outside, I forgot to mention that; so, that will be behind that wall as well, so that they are all contained. We learned during the hurricanes, flying debris and air conditioner compressors don't go together very well; so, that's one reason along with the noise abatement, is the other reason. So, that would be on the south side of the property." Mayor Bush said to Mr. Pinckney, "So, still you will be able to see from the road, you will see the trucks parked in there and all this other stuff?" Mr. Pinckney noted, "Yes Sir, the trucks will be here. They're here today. Here's the gate and instead of swinging open, would slide this way, on a roller type..." Mayor Bush asked, "...Could it be landscaped to hide the trucks Mr. Pinckney stated, "Certainly. We envision hedges along this property line, well all the way around actually." Commissioner Bonner said to Staff, "If ever there was a need to pay attention to compatibility, this is probably going to be one of those cases." With further comments, Commissioner Bonner noted, "I am inclined to support this with the caveat that you are really going to break out the old compatibility yardstick and go to town here and have some fun with creative design team over at Bright HouseTM and bring something back that we all are going to be proud of." Attorney Garganese commented, "Just so we know where we are from a permitting standpoint, as John (Baker) alluded to, this is the first time the Commission has considered approving this kind of Special Permit. So, everyone is on the same page, as the Agenda Item indicates, this is a Non Conforming Use situation. So, under normal circumstances, a Non Conforming Use, Non Conforming structures cannot be expanded. They basically stay as is in a grandfathered state. This City Commission several years ago had the foresight to recognize that in some cases, taking a Non Conforming situation, you can make the situation better, when you're considering the reality of the situation. In this case, the reality is there is a community purpose and benefit for this facility. So, in order to grant the Special Permit, you have to look at issues of compatibility. How do you make the situation better? And, as John (Baker) indicated in the Agenda Item; yes, there are other Permit requirements, like a Site Plan and Aesthetic Review; but this is one of your key opportunities to impose those big compatibility issues as a condition to the Permit. A I would recommend that, make sure that you are comfortable on those big issues of compatibility as a condition to granting this Special Permit. Because Bright HouseTM can't do what they want to do unless you issue this Special Permit because it is grandfathered in. And, I am taking notes on what those big issues are and I have started drafting a Special Permit. And, my recommendation is going that you actually approve a written Permit for this type of situation and you include those big compatibility issues. So, if you are not at a comfort level and you want to see some more compatibility enhancements brought to you, before you vote on this; it's within your prerogative to direct Staff and the Applicant to come back with maybe a better more detailed concept at this stage; and then you can refine it during Site Planning and Aesthetic Review." "I WOULD MAKE THAT MOTION THAT WE HAVE BROUGHT BACK TO US A BETTER UNDERSTANDING OF WHAT WE WANT TO SEE; WHAT THEY THINK WE WANT TO SEE; AND SOMETHING TO WORK WITH BECAUSE I THINK RIGHT NOW THAT SKETCH ISN'T ENOUGH, NOT FOR ME AT LEAST. SO, I WOULD REALLY ASK THAT WE DO BRING BACK EXACTLY WHAT ANTHONY (GARGANESE) WAS MENTIONING BEFORE THAT IS MY MOTION." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. ATTORNEY GARGANESE REITERATED THE MOTION "TO POSTPONE THIS ITEM TO ANOTHER CITY COMMISSION MEETING TO GIVE THE APPLICANT AN OPPORTUNITY TO WORK WITH STAFF TO PROPOSE SOME MORE DETAILED AESTHETIC ENHANCEMENTS WHICH WILL BE IMPOSED AS A CONDITION TO THE SPECIAL PERMIT IF YOU APPROVE IT." DEPUTY MAYOR KREBS AGREED. MR. PINCKNEY STATED, "WE CAN SUPPORT THAT." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 24 OF 32 REGULAR AGENDA REGULAR 600. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs And The Oviedo Winter Springs Chamber Of Commerce For The 2 Annual Winter Springs Festival Of The Arts. Mr. Chuck Pula, Director, Parks and Recreation Department introduced this Agenda Item. Mr. Paul P. Partyka, 292 Solaris Wharf Street, Winter Springs, Florida: introduced members of the Oviedo Winter Springs Regional Chamber of Commerce and spoke on the upcoming Festival of the Arts. Ms. Cynthia Sucher, 908 Lingo Court, Oviedo, Florida: as the President -Elect of the Oviedo Winter Springs Regional Chamber of Commerce, Ms. Sucher commented on the upcoming Winter Springs Festival of the Arts. Ms. Brenda Hayes Brown, 211 Nandina Terrace, Winter Springs, Florida: presented a signed and framed copy of this year's Festival Poster to the City of Winter Springs. Mayor Bush stated, "Thank you for the gift and we will see that it is displayed in a prominent place. Andrea (Lorenzo Luaces) will take care of that." Discussion followed with Chief Brunelle on Police Department staffing. Commissioner Bonner stated, "As this is written, would the City have any opportunity to recover this thirty -five hundred dollars ($3,500.00), again, in the event that you exceeded your expectations financially or any portion thereof." Mr. Partyka responded, "If we ever got to the point where we were so profitable on this that the Board would probably vote to defray the expenses; but that would be a board decision." Commissioner Brown asked about a previous City Commission Workshop where Police staffing costs were discussed. Tape 2 /Side B Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 25 OF 32 Manager Smith handed out an excerpt from the previous Workshop Minutes that were referenced. Mayor Bush suggested, "Ask them for a Financial Report at the end of the Festival and if it was profitable obviously, next year, this could influence what the Commission would do." "I WILL MAKE A MOTION THAT WE GO AHEAD AND WE SUPPLY THE POLICE SERVICES THIS YEAR AND THEN WE TAKE A LOOK REALLY TAKE A LOOK AND REALLY BECOME CLEAR ON HOW WE ARE GOING TO PROVIDE, HOW WE WILL ADDRESS PROFITS, ETC. AND LOOK AT THAT LATER." MOTION BY DEPUTY MAYOR KREBS. DEPUTY MAYOR KREBS ADDDED, "AND SUPPLY US WITH A FINANCIAL AT THE END." MR. PARTYKA NOTED, "WE AGREE WITH THAT." MR. PARTYKA ADDED, "OUR GOAL IS TO MAKE PROFIT AND OUR GOAL IS TO PAY FOR ALL THE COSTS IN THE FUTURE." SECONDED BY COMMISSIONER BONNER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 26 OF 32 COMMISSIONER BONNER SUGGESTED, "I WOULD REALLY APPRECIATE THE CHAMBER COMING BACK, POST THE EVENT WITH THE PROFIT STATEMENT AND DOING A NICE THOROUGH PRESENTATION FOR OUR BENEFIT SO THAT WE CAN UNDERSTAND HOW DID IT TURN OUT WITH 20,000 VISITORS? HOW WERE THE ATTENDANCE PROJECTIONS WHAT DID WE LEARN MANAGER SMITH REITERATED THE MOTION AND SAID, "THE MOTION TO APPROVE THIS AGREEMENT AS IT STANDS WITH TWO (2) CHANGES. NUMBER INE (1), FOR THE CITY TO COVER THE COSTS OF POLICE SERVICES, NOT TO EXCEED THIRTY -FIVE HUNDRED [DOLLARS] ($3,500.00)..." DEPUTY MAYOR KREBS NOTED, "...CORRECT..." MANAGER SMITH CONTINUED, "...NUMBER TWO (2), WITH THE CAVEAT THAT THE CHAMBER WILL PROVIDE A SUMMARY FINANCIAL REPORT AT THE EVENT..." DEPUTY MAYOR KREBS ADDED, "...AND TO GARY'S (BONNER) POINT, A PRESENTATION LETTING US KNOW, JUST HOW EVERYTHING WENT, HOW MANY PEOPLE." COMMISSIONER BROWN SAID TO MR. PARTYKA AND MS. SUCHER, "USING THE INDUSTRY AVERAGE OF PER PERSON EXPENDITURES, WHEN YOU GET YOUR TOTAL OF HOW MANY PEOPLE ACTUALLY CAME, I WOULD LOVE TO SEE WHAT THE ECONOMIC IMPACT IS." MAYOR BUSH SUGGESTED THAT MR. PARTYKA AND MS. SUCHER APPLY TO SEMINOLE COUNTY FOR TOURIST DEVELOPMENT DOLLARS. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. AGENDA NOTE: THE FOLLOWING PUBLIC HEARING AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA AS DOCUMENTED. PUBLIC HEARINGS AGENDA PART I PUBLIC HEARINGS 500. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution No. (Number) 2009 -47, Which Establishes The Final Operating Millage Rate And The Final Voted Debt Service Millage Rate For Fiscal Year 2009 -2010 For The City Of Winter Springs. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Attorney Garganese stated for the Record, "This is the final Resolution Adopting the Final Millage Rate for the City of Winter Springs which is the taxing authority for Fiscal Year October 1, 2009 ending September 30 2010. The Resolution states that the City Commission is adopting its Final Operating Millage Rate at 2.4714 Mills and its Final Voted Debt Service Millage Rate of .1100 Mills, again for this upcoming Fiscal Year and the Final Operating Millage Rate of 2.4714 Mills is 9.79% less than the computed rolled back rate of 2.7395." "MOTION TO ADOPT THE RESOLUTION (2009 -47) AS PRESENTED BY THE CITY ATTORNEY." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 27 OF 32 Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR AGENDA Mr. Stevenson introduced this Agenda Item for discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 28 OF 32 PUBLIC HEARINGS 501. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution No. (Number) 2009 -48, Establishing The Final Budget For Fiscal Year 2009 -2010. Mayor Bush closed the "Public Input" portion of the Agenda Item. Attorney Garganese noted, "From my particular contract, it does reflect what we discussed during the Budget Hearing process, the flat fee retainer for all day -to -day legal services, not including litigation of course and the cost of issuance of bond indebtedness which is reflected in the Budget. I will follow up if the Commission approves the Budget, with something in writing on that." "I MAKE A MOTION TO APPROVE RESOLUTION 2009 -48 WHICH IS THE ADOPTION OF THE 2009 -2010 BUDGET." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. AGENDA NOTE: THE REMAINING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED. REGULAR 601. Community Development Department Requests The City Commission Review And Consider The Proposed Phase I Elements Of An Economic Development Incentive Program. Continuing, Mr. Stevenson stated, "Ordinance 2009 -05 which was approved by this Commission places a Ballot Referendum Election ballot language on the November 2010 Election that would basically provide for an Economic Development Ad Valorem Tax exemption for new and expanding businesses within the city, so that's also something that this Commission has already done that will be forthcoming." Comments followed on the timeframe. Commissioner Brown suggested, "Unless we sunset it, it automatically renews." Mr. Stevenson stated, "We can do that. Sure. And, as Commissioner Bonner we can give you a Status Report at intervals of your request." Commissioner Brown stated, "Six (6) months." Manager Smith added, "I would request that we have the Status Report brought back at least at a six (6) month interval." Mr. Stevenson noted, "Sure." Brief discussion followed on how this measured with other communities in the Economic Development Commission. "I WOULD LIKE TO MAKE A MOTION THAT STAFF BRING BACK A DETAILED RESOLUTIONS AND ORDINANCES REGARDING WHAT WE HAVE JUST DISCUSSED WITH THE HELP OF THE ATTORNEY ON THE NOT SUNSETTING BUT IN FACT COMING UP FOR REVIEW EVERY SIX (6) MONTHS FOR EXTENSION." MOTION BY DEPUTY MAYOR KREBS BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. COMMISSIONER BROWN SUGGESTED, "CAN WE WORD THAT TO AUTOMATICALLY RENEW." DEPUTY MAYOR KREBS ADDED, "THAT IS WHAT I WANT THE ATTORNEY TO COME BACK WITH, WHAT IS THE BEST FOR THE CITY." VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 602. Public Works Department Requesting Commission Direction On The Trail Bridge Flags. Brief comments. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 29 OF 32 Deputy Mayor Krebs suggested, "I think we just need to request the County to take them down." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 30 OF 32 MOTION TO "TAKE THEM DOWN." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 603. Office Of The City Clerk Requests The City Commission Consider Requested Information Regarding The Performance Review For The City Clerk Which Is Due September 27, 2009 (For The Performance Period From September 28, 2008 September 27, 2009). Discussion followed with the City Commission and City Clerk Lorenzo Luaces on the different levels of noted "Goals" and related time lines. Mayor Bush suggested, "I would like to recommend that Andrea (Lorenzo Luaces) work with the Manager on this." Mayor Bush said to the City Manager and the City Clerk, "Is there any reason the two (2) of you can't get together and see if we can take resources that we already have to help accomplish and I think what the Commission is also saying is you need to prioritize them and then Kevin (Smith) can look at it and say I can't help you with this and he comes back to the Commission and he says, `We need some help on this'." Manager Smith stated, "There's no reason we can't do that." Mayor Bush said to City Clerk Lorenzo Luaces, "Got a problem with that City Clerk Lorenzo Luaces stated, "No." Further discussion. Mayor Bush added, "Several suggestions have been made and you can come up with your own plan on how to proceed and bring it back to the Commission if you think it is necessary; and I would encourage the Commissioners to talk to Andrea (Lorenzo Luaces) one -on -one on some of these things. It might be better than doing at a Regular Meeting actually." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 3I OF 32 "I WOULD LIKE TO MAKE A MOTION THAT WE GIVE ANDREA (LORENZO LUACES) A THREE PERCENT (3 RAISE." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR BUSH ASKED, "EFFECTIVE WHEN DEPUTY MAYOR KREBS STATED, "YESTERDAY." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. City Clerk Lorenzo Luaces said to the City Commission, "Thank you all very much." Discussion followed on Anniversary Dates. Commissioner Bonner remarked to City Clerk Lorenzo Luaces, "Congratulations and now I look forward to that forthcoming Agenda Item where we decide how we are going to proceed with how we are going to proceed with reviewing these Goals so that we can be better educated and in a position to support you." REGULAR 604. Office Of The City Manager Requesting The City Commission To Consider The Mayor's Request To Grant An Additional Personal Day For Employees For Fiscal Year 2010. Much discussion followed on the productivity impact, staffing; payroll costs, and related economic issues. No action was taken. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:22 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO LUACES, MMC CITY CLERK APPROVED: MAYOR JOHN F. BUSH CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 32 OF 32 NOTE: These Minutes were approved at the 2009 Regular City Commission Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 CALL TO ORDER The Regular Meeting of Monday, September 28, 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, absent City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. City Attorney Anthony A. Garganese distributed a letter related to Consent Agenda Item "200 Under Agenda Changes, discussion followed on moving Regular Agenda Item "605" to earlier in the Meeting. Hearing no objections, Mayor Bush stated, "We will do that." Mayor Bush also mentioned an email from a resident who had pointed out that this was Yom Kippur and that the resident was disappointed that we didn't recognize Yom Kippur as the second Public Hearing for the Budget was scheduled for this evening. Next, Mayor Bush noted, "The first Agenda Item is the Public Hearing on setting the Millage and as well as the Budget we could delay that until sunset which is 7:15 [p.m.]." Attorney Garganese stated, "The law just requires that the Millage Hearing occur after 5:00 p.m." Mayor Bush inquired, "Is there anyone in the audience who wanted to address the Commission on the Millage or the Budget Mayor Bush then addressed at least one individual who raised their hand and asked, "Is it a problem for you to wait until 7:15 [p.m.] or so Mayor Bush said, "With that in mind then, we will move [Public Hearings] items `500' and `501' to after 7:15 [p.m.] tonight." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 2 OF 32 AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. 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 Upcoming Scottish Highland Games Agreement. This Agenda Item was not discussed. "MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Community Development Department Urban Beautification Division Requesting The Commission Adopt Resolution 2009 -49, Declaring Support For The Florida Trail Association (FTA) Gateway Community Program, And Requesting Execution Of The Related Memorandum Of Understanding (MOU) Between FTA (Florida Trail Association) And The City, Outlining The Responsibilities Of Each Party Under The Program. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 3 OF 32 CONSENT 201. Utility Department Requesting The City Commission Approve The Fourth Addendum To The Effluent Disposal Easement Agreement With Tuscawilla Country Club. Brief discussion followed with Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Departments. Mayor Bush then said, "Everybody is happy then with the way it reads Commissioner Rick Brown stated, "That is fine.' No objections were noted. CONSENT 202. Police Department The Police Department Requests The Commission To Give Approval For The Renewal Of The Annual School Resource Officer Inter- Agency Agreement Contract With The Seminole County School Board. There was no discussion on this Agenda Item. CONSEN 203. Information Services Department Requests Commission Approve Renewal Of The Munis Annual Maintenance And Support Agreement In The Amount Of $55,247.00 And To Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. This Agenda Item was not discussed. CONSEN 204. Parks And Recreation Department Requesting Authorization To Award The Contract For Landscape Maintenance And Chemical Services For Winter Springs Neighborhood Parks. No discussion. CoNSEN 205. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Addendum To The Concession Stands Operation Agreement With Winter Springs Youth Sports (Babe Ruth League) To Operate The Central Winds Park Concession Stands Another Year. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 4 OF 32 CONSENT' 206. Office Of The Police Chief, Office Of The City Manager, And Office Of The Mayor And City Commission Requesting The City Commissions Approval Of Resolution Number 2009 -51 Recognizing The Retirement Of Police Department Employee Patricia Schraff. This Agenda Item was not discussed. CONSEN r 207. Community Development Department Planning Division Requests That The City Commission Adopt Resolution 2009 -50, The Five -Year Capital Improvements Program (CIP) For FY (Fiscal Year) 2009/120110 2014/120115. No discussion. CONSENT 208. Office Of The City Clerk Requesting Approval Of The September_14, 2009 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE" (CONSENT AGENDA). MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. ATTORNEY GARGANESE ASKED IF THAT INCLUDED THE REVISIONS NOTED IN A DOCUMENT HE DISTRIBUTED? COMMISSIONER HOVEY AGREED. ATTORNEY GARGANESE THEN SAID, "JUST LET THE RECORD REFLECT THAT." VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AVE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 5 OF 32 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Police Chief, Office Of The City Manager, And Office Of The Mayor And City Commission Presentation Of Resolution Number 2009 -51 Recognizing Patrica Schraff For Her 26 Years Of Dedicated Service As An Employee Of The City Of Winter Springs; And Expressing Our Appreciation On Behalf Of The Citizens Of The City Of Winter Springs. Mayor Bush and the City Commission, City Manager Kevin L. Smith, and Chief of Police Kevin Brunelle presented Resolution 2009 -51 to Ms. Patricia Schraff for her many years of service to the City of Winter Springs. Brief comments followed. REPORTS REPORTS 400. Office Of The City Attorney Anthony A. Garganese, Esquire Attorney Garganese mentioned that at the last City Commission Meeting, he had advised the City Commission on the Jones v. Winter Springs' Stormwater Fee Case and that they attended the Motion for Summary Judgment Hearing that had been filed on the City's behalf. Attorney Garganese advised the City Commission that this Case was removed from the October Trial Docket as at the Summary Judgment Hearing, Mr. Jones filed an Amended Complaint adding more claims to his lawsuit; including a claim that the City of Winter Springs' Stormwater Fee is an unlawful tax. Attorney Garganese explained they would now be working on filing an answer to the Amended Complaint. REPORTS 401. Office Of The City Manager Kevin L. Smith No Report. REPORTS 402. Office Of The City Clerk Andrea Lorenzo Luaces, MMC City Clerk Andrea Lorenzo Luaces advised the City Commission that the City of Oviedo has now confirmed holding a Joint Meeting with Winter Springs on Tuesday, November 10 2009, and that this Joint Meeting would be held here at Winter Springs. There were no objections to this. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 6 OF 32 Secondly, City Clerk Lorenzo Luaces mentioned that she has been in touch with several Legislators in trying to set up Meetings with the City Commission and Winter Springs residents and noted that tentatively, we were trying to see if Monday, November 16 2009 would work with Senator Lee Constantine. City Clerk Lorenzo Luaces asked if the City Commission would hold that date while we wait for confirmation or cancellation by Senator Constantine's office. The Mayor and City Commission agreed to this. REPORTS 403. Office Of The Mayor John F. Bush Mayor Bush commented on a recent meeting of the Florida League of Cities Board of Directors Meeting that he attended. Next, Mayor Bush mentioned that the gifts recently purchased for the longest serving Board/Committee Members, which had been awarded at the Board and Committee Appreciation Dinner needed to be approved for payment by the City Commission. "I MAKE A MOTION THAT IT IS OKAY." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REPORTS 404. Commission Seat One Jean Hovey No Report. REPORTS 405. Commission Seat Two Rick Brown Commissioner Brown asked Attorney Garganese, "Is our defense covered under your flat fee Contract, in the Jones Case Attorney Garganese added, "Under the new Contract the litigation would be the same one hundred and fifty dollars ($150.00) an hour; all the day -to -day stuff would be under the new Contract on the flat fee Retainer, once it is incorporated into the Budget." CITY OF WINTER SPRINGS, FLORIDA MINUT CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 7 OF 32 Discussion followed on the Case that Attorney Garganese mentioned under his Report and the related Ordinance. Next, Commissioner Brown commented, "I don't know when the last time was that we looked at our City Boards in a comprehensive manner to see if all those Boards still fit our needs or if they are currently either providing or not providing things we either do or do not need from an advisory perspective; and I wonder if there would be merit in having a look at all of them or having a look at what the needs of the City really are." Deputy Mayor Joanne M. Krebs mentioned an Advisory Board Seminar that had been put on by the Florida League of Cities and suggested, "Maybe Andrea (Lorenzo Luaces) could get that from the League and we could actually use that and maybe we could even have that information ahead of time." Manager Smith suggested, "Be happy to bring this back as an Agenda Item for either a future Meeting or a Workshop, whichever the Commission sees fit, along with the information Deputy Mayor Krebs referenced." Mayor Bush recommended, "What about asking the League to get involved Mayor Bush then said to Manager Smith, "You might want to call the League office and see if there is anything they can do to help on this." Commissioner Gary Bonner added, "I think I would benefit if we had each of the Board Chairs come in to a Workshop type environment." Commissioner Bonner added, "These are the folks that are leading those particular Boards and we could get their feedback and maybe in a Workshop format and bringing in the League of Cities with their global view. I think that would be a very effective session for us." Mayor Bush added, "Why don't we let Kevin (Smith) do the Agenda Item like he mentioned and then at that point we would decide when you would want to have the Workshop. When do you want to bring that back to the Commission, Kevin (Smith) Manager Smith remarked, "I think I am hearing you say I would bring back an Agenda Item that would be basically to set a date for the Workshop and discuss a few of these issues. I originally was of the thought process that the Agenda Item I brought back would be to have the actual discussion so, if it just a matter of setting a date, we can bring it back at the next Meeting Mayor Bush asked the City Commission, "Is that okay with everybody No objections were noted. Lastly, Commissioner Brown then mentioned that his parents had moved into the City. CITY OF WINTER SPRINGS, FLORIDA MINU "I ES CITY COMMISSION REGULAR MEETING SEP'I'EMBER 28, 2009 PAGE 8 OF 32 REPORTS 406. Commission Seat Three Gary Bonner Commissioner Bonner noted he recently attended the Reserve at Tuscawilla Homeowner's Association meeting and added, "I do want to thank Staff and in particular, Randy (Stevenson, ASLA, AICP, Director, Community Development Department)" for his assistance. Secondly, Commissioner Bonner complimented Chief Brunelle and his staff on the Police Department's outstanding Citizen's Academy and suggested others also consider attending. Thirdly, Commissioner Bonner mentioned he represented the City at the recent Oviedo Winter Springs Regional Chamber of Commerce luncheon. Lastly, Commissioner Bonner asked if the Code Enforcement Board should have legal representation at their Meetings, especially in consideration of the extra caseload, including Red Light Infraction Cases? With discussion, Commissioner Bonner suggested the Commission might want to reconsider having legal representation and asked Attorney Garganese, "We are going into a new contract relationship with your Firm effective the 1st of October and I think that is a flat rate but would that coverage apply to our Boards as well Attorney Garganese noted, "Yes, if the City Commission wanted my Firm to cover that Meeting, representing the Code [Enforcement] Board, it would be covered under the flat fee." With further comments, Manager Smith stated, "I think they would benefit from some legal representation, however, I would be happy to discuss that with the Chair and see if the Board is of the mindset to go that route." Discussion ensued on previous discussions related to a Magistrate /Hearing Officer. Commissioner Bonner suggested, "Assuming the Budget is ratified as proposed, might be to bring this back for the Manager to bring this back as an item after having a chance to speak with the Code [Enforcement] Board and get some feelings or feedback on that." Commissioner Brown asked, "Could we have a Magistrate to handle the Red Light Camera Infractions and a board..." Attorney Garganese stated, "...Yes. The Commission can decide that certain Infractions go to a Hearing Officer and some go to the Code Enforcement Board." Discussion. Manager Smith suggested, "You move forward, direct Anthony's (Garganese) Firm to provide legal representation for the Code [Enforcement] Board; and maybe we revisit this issue regarding a Special Magistrate at an appropriate time down the line." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMI3ER 28, 2009 PAGE 9 OF 32 "I WILL MOTION THAT WE GO AHEAD AND DIRECT ANTHONY'S [GARGANESE] FIRM TO BEGIN TO PROVIDE LEGAL COUNSEL AT FUTURE CODE [ENFORCEMENT] BOARD MEETINGS ON BEHALF OF THE BOARD AND ON BEHALF OF THE CITY." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. MANAGER SMITH SAID TO ATTORNEY GARGANESE FOR THE RECORD, "THIS IS UNDER YOUR FLAT FEE CONTRACT ATTORNEY GARGANESE RESPONDED, "IT WOULD BE NO ADDITIONAL COST." VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REPORTS 407. Commission Seat Four Sally McGinnis Absent. REPORTS 408. Commission Seat Five /Deputy Mayor Joanne M. Krebs Deputy Mayor Krebs commented on attending the recent Tri- County League of Cities meeting and noted that we "Had to retire as undefeatable champions" and we are hoping for some kind of permanent Recognition Award. Next, Deputy Mayor Krebs mentioned reading about a new Farmer's Market near the University of Central Florida and asked about the expected Business Plan for the Winter Springs Farmer's Market. Mr. Stevenson stated, "We have that Business Plan we got it last week. We are currently looking at it and we will be bringing that back for an Informational item to the Commission, the first Meeting in October I believe." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 10 OF 32 AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORTS WERE DISCUSSED NEXT, AS NOTED, FOLLOWED BY THE REST OF THE AGENDA. REPORTS REPORTS 403. Office Of The Mayor John F. Bush Mayor Bush mentioned a recent Meeting he attended which discussed a possible strong Mayor form of government for Seminole County. Discussion. REPORTS 406. Commission Seat Three Gary Bonner Commissioner Bonner mentioned he had attended a (US Highway) 17 -92 Community Redevelopment Agency Meeting and had a personal meeting with Mr. John Metsopoulos of Seminole County. Commissioner Bonner mentioned that this organization had received nine million dollars ($9,000,000.00) in funding and thought it would be helpful if Mr. Metsopoulos could give the City Commission an update on this program. Tape 1/Side B Discussion. Commissioner Bonner then suggested, "I am guessing the Manager will be able to set up something with County staff, sometime in the October, November time frame for us." PUBLIC INPUT Mr. Laurent Pellerin, 116 South Moss Road, Winter Springs, Florida: commented on the Bright 1IouseTM site and his concern with insufficient parking, the gates, and that the City's right -of -way has not been maintained. Mr. Paul P. Partyka, 292 Solaris Wharf Street, Winter Springs, Florida: spoke on behalf of the Oviedo Winter Springs Regional Chamber of Commerce and commented in favor of Regular Agenda Item "601" but suggested a two (2) year time frame be considered. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 11 OF 32 Mr. Dale Kirby, 122 Seville Chase Drive, Winter Springs, Florida: thanked the Mayor and City Commission for the recent Board and Committee Appreciation Dinner; and mentioned last month's PBAS (Private Business Association of Seminole) meeting and noted that Commissioner Bonner might want to follow up with the City of Casselberry as they are using Community Redevelopment Agency money for renovations /facelifts of buildings on (US Highway) 17 -92. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA AS DOCUMENTED. REGULAR AGENDA REGULAR 605. Office Of The City Manager Requests That The City Commission Consider Making An Appointment /Reappointment To The South Seminole And North Orange County Wastewater Transmission Authority For The City's Representative And Alternate To The South Seminole And North Orange County Wastewater Transmission Authority. Commissioner Bonner mentioned that he had asked Mr. Donald Gilmore, our City's current representative to share additional information about the South Seminole and North Orange County Wastewater Transmission Authority with the City Commission. Mr. Donald A. Gilmore, 803 Leopard Trail, Winter Springs, Florida: stated, `Basically, the South Seminole and North Orange (County) Wastewater Transmission Authority was created back in the [191'70's when they built Iron Bridge Orange County built Iron Bridge and then they formed the South Seminole and North Orange County Wastewater Transmission Authority; and members of the Authority are Winter Park, Maitland, Casselberry and Winter Springs. Winter Springs is unique in it because we don't give them any sewage; we don't give them any money; we don't spend their money. In fact, it's one of the things as a member of the Board, I Vote on everything. But one thing I will not do is Vote to spend their money, they do that. I'm not going to interfere in that arena. But, the Authority is owned and operated the transmission system which is thirty -one (31) miles of pipe, is owned by the Authority and there you can see the customers are Winter Park, Casselberry, Maitland, and Seminole County. All of the customers are on the governing board. We are a member of it, but make no commitment to the capacity or anything else. CITY OF WINT SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 12 OF 32 Each City has entered into an Interlocal Agreement with the Authority concerning capacity, etc. and inflow of water, Stormwater. The agreement sets forth a system of fees and charges. Right now we're running about 13,000,000 gallons a day of sewage. Treatment costs are billed and paid directly to the City of Orlando. Current cost for the wholesale customer is about one dollar and twenty -six cents ($1.26) per thousand gallons. If Winter Springs would ever want to get in to it, I could almost assure you it would get a little bit expensive, because number one the City would have to make an agreement with the City of Orlando and get some committed flow capacity. You would have to draft an Interlocal Agreement with Orlando and with the Authority and then there would be a connection problem, because you would have to run transmission lines accordingly. Some of the big projects the Authority have been involved in most recently was the Aloma Expansion, which took the Authority over a year to re -do lines and get them out of the right -of -way so that those would be safe. Dean Road was also tied in with Aloma and we're getting ready to once again go in there and move the lines. The big one coming up in the future, will be the Red Bug fly -over. We're going to have to relocate transmission lines on that one. We are going to have to do some work at the Howell Creek and Aloma." Further discussion followed. Mr. Gilmore remarked, "The City has no physical connection into the network. And, if we would want to, again, we would have to negotiate capacity with Orange County and sign on with them and then with the Authority." Attorney Garganese noted, "The Florida Legislature created this Authority by Special Act; meaning, there was a piece of legislation that is in your Agenda packet. The Legislature created that and so the enabling rules are in Chapter 78 -617 which makes the City of Winter Springs a member of this Authority. You have the ability to Appoint the service area for this Authority would include Winter Springs under certain terms and conditions that would be negotiated. So, that's why this keeps coming up for Winter Springs, but as long as I've been here, Kip Lockcuff) always said we are not using the Authority's transmission lines, but by Statue, by Special Act, this Commission has the right to Appoint one of the Authority's Members. So, the City has been doing it for thirty -one (31) years but hasn't been using the Authority's transmission lines for moving sewer." Mr. Lockcuff noted, "It doesn't cost us anything, so 1 wouldn't encourage you to get out of it; because who knows what will happen down the road. At some point, we are going to have to do some plant replacement in the next five (5), ten (10) years or something; this may be an option available to us. So, that's why I don't really have any incentive to encourage you to pursue Legislative changes. The only cost is time." Further comments. CITY OF WIN TER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 13 OF 32 Commissioner Brown asked, "What happens if this high -yield sewer line breaks under Tuskawilla Road who is responsible Mr. Gilmore stated, "The Authority has full responsibility for everything." With discussion, Commissioner Brown inquired, "And they cover all costs of the City Mr. Gilmore responded, "Yes." Mr. Terry Zaudtke, P.E., DEE, Executive Vice President, CPH Engineers, 1117 East Robinson Street, Orlando, Florida: addressed the City Commission and explained, "In 1978, Mr. Conklin, who is the `C' in `CPH', was on that Authority Board and worked with the Legislature to get that through. At that time Winter Springs was a member entity, but did not own the utilities. They were both private utilities at that time. And then so in 1982, when it came into being, where Orlando actually had the wastewater plant and was able to take flows; again, the City did not have control over their wastewater system or their destiny and would not be able to get flow there. You would have been allocated 500,000 at that time and in [19]'82, the design for that upper force main that you see coming down to Tuskawilla Road on the top, has got between 500,0000 and a 1,000,000 gallons per day of capacity, that was allocated for Winter Springs to be able to connect. And then it goes up a little bit if you were to pick up the Tuscawilla plant as well. Then, along came about 1984, and Iron Bridge got into all sorts of effluent problems and had to find big solutions. They built their wetlands at about that time and they enacted a moratorium; and nobody was getting any flows. That was about the time when the City bought their first Utility on the Winter Springs side and the Tuscawilla one came in the [19]'90's So, there was talk about that time, once the City bought it, that we would connect, but then there was a moratorium put in and other people, Winter Park, Maitland and Casselberry all reactivated the wastewater plants they had in order to meet their sewage needs at the time. And they're all using those now for reuse, which is the same thing the City of Winter Springs is doing. That is a brief history of where we got, where we are today. And, you are a member entity at any time like Don (Gilmore) says, if you paid your fees to get in, you probably could buy someone's capacity. You would have to buy it's all allocated now, you would have to buy it from one of the other member entities most likely." Commissioner Bonner then noted, "There is no available capacity; although, I see in this Report, there is a reference to what is called a reserve capacity." Mr. Zaudtke stated, "There probably is a reserve. I can tell you that Orange County is never going to be utilizing their capacity, according to them. And their capacity has been up for sale, it is about 387,000 gallons. Casselberry claims that they have some excess capacity and Seminole County says that they have some excess capacity. So, there are entities out there that have `Excess capacity that would be able to be purchased by paying those impact fees that they have paid over the years'." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEP "['EMBER 28, 2009 PAGE 14 OF 32 Commissioner Bonner added, "It is an interesting resource at currently a dollar twenty six ($1.26) per thousand gallons at least, in the Report we just saw. Just an interesting resource that is out there; which it sounds like it is at capacity and we couldn't utilize unless we bought someone else's capacity." Mr. Zaudtke noted, "Technically, it's not at capacity, but everything's been sold. Somebody has ponied up the money to own that capacity and they would be will to probably sell it to you. But, it's not capacity that you would be able to just gather without a negotiated deal with one of those entities." Next, Commissioner Bonner asked, "Does Iron Bridge turn the Wastewater they receive into Reclaim and are they planning to throw back into some sort of Reclaim grid and sell rt. Mr. Zaudtke stated, "Currently, it's only going to the east. They have an agreement with Seminole County and Oviedo has a sub agreement with Seminole County for about 8,000,000 gallons a day of Reclaimed water. That line goes out of the plant and heads down the county line on McCulloch Road over to Lockwood Boulevard and goes up Lockwood Boulevard and serves, will serve there's been no connection yet the City of Oviedo, on that side of town as well as the Seminole Community College Campus and that line also goes to the south and feeds UCF [University of Central Florida] with Reclaimed Water. Commissioner Bonner then said, "Communities send their Wastewater pay a fee to send it down there, have it processed and then the Authority potentially is going to turn that into Reclaim an sell it to a couple of communities Mr. Zaudtke pointed out, "The Authority's jurisdiction ends at the connection on Dean (Road) and McCulloch (Road), where it becomes the City of Orlando sewer; and from there on, the plant is considered City of Orlando and the City of Orlando is the one that treats it." Commissioner Bonner remarked, "Is this supply in any way a potential resource to Winter Springs, to our needs Mr. Zaudtke answered by saying, "It is a potential resource. The cost would be involved in getting it from the area down there on [State Road] 434 and McCulloch (Road), back up into the City and then the cost of paying somebody for it. Currently, the agreement that Seminole County has is hooked to the amount of wastewater that they send to Iron Bridge. They can't take out more effluent then what they send." Commissioner Brown commented to Manager Smith, "We have got capacity we don't need, at a cost we don't know and a potential in the future, we probably can't use, why are we doing this and the fact that it doesn't cost us anything it is still administratively... CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 15 OF 32 Manager Smith stated, "...It happened long before any of us were here. I think the only reason why wouldn't stop is that we don't know there is always an unknown out there. And since, it costs us nothing, and since that we really have no financial obligation, it's better to have it sitting there in case we ever needed it." "I WOULD LIKE TO MOTION THAT WE REAPPOINT MR. DON GILMORE TO REPRESENT THE CITY OF WINTER SPRINGS TO THE SOUTH SEMINOLE AND NORTH ORANGE COUNTY WASTEWATER TRANSMISSION AUTHORITY." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: NAY COMMISSIONER HOVEY: NAY DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE MAYOR BUSH: AYE MOTION CARRIED. Discussion followed on an Alternate Appointment; and Commissioner Bonner said, "I would suggest that we take this Alternate question back to the Manager in the upcoming review of all Boards and we will have a chance to address it at that time. Just call this one more thing for us to look at in that package and if we decide we need to go down that path, I am sure we could find a citizen willing to serve." Mayor Bush added, "So, we won't bother with an Alternate at this point. Everybody agree with that No objections were noted. Commissioner Bonner noted that a member of Attorney Garganese's Law Firm represents the South Seminole and North Orange County Wastewater Transmission Authority and Commissioner Bonner said to Attorney Garganese, "Perhaps from time to time, those Minutes could be circulated to us on the dais just so we can have an appreciation of what is going on at the Authority Attorney Garganese remarked, "Certainly." Attorney Garganese stated for the Record, "If the City ever wanted to get out of this arrangement, they could petition your local delegation of the Florida Legislature and present a Special Act of the Legislature to pull Winter Springs out of this Authority all together." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 16 OF 32 Commissioner Brown spoke for the Record and stated, "Please don't consider potentially allocating tax dollars by nominating a Staff person to spend any time on this." AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA AS DOCUMENTED. PUBLIC HEARINGS AGENDA PART II PUBLIC HEARINGS 502. Utility Department Requesting The City Commission Hold A Public Hearing For The 2 Reading And Adoption Of Ordinance (Number) #2009 -13 Amending Chapter 19, Utilities, Of The Code Of Ordinances Regarding Water, Wastewater, And Reclaimed Water Rates, Fees, And Charges. Attorney Garganese read the Ordinance by "Title" only. Mr. Lockcuff stated, "The Ordinance remains unchanged except for the directive of the Commission to delete the second and third year off the Reclaimed rates." Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input portion of the Agenda Item. Commissioner Brown commented for the Record, "Other than the expansion of the Reclaimed water capacity, the reason this is happening is under the last administration, proper financial controls weren't put in place to make sure that the bonded debt ratio was properly maintained which put us in a position now where we have to increase rates in order to cover that debt ratio. Is that correct?" Manager Smith stated, "In 2008, we did not meet our bond debt coverage we were in jeopardy of not meeting the coverage. We did through some actions of this Commission in order to make up a shortfall. The same issue was facing us in 2009, so part of the rate structure is to ensure that we comply with our legal requirements of our Bond covenants." "MOTION TO ADOPT ORDINANCE 2009 -13." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MIND "I ES C1TI COMMISSION REGULAR MEE "PING SEPTEMBER 28, 2009 PAGE 17 OF 32 COMMISSIONER BONNER ASKED MANAGER SMITH, "DO YOU FORESEE ANY ALTERNATIVES AT ALL TO THE PATH THAT WE ARE TAKING THAT MIGHT WARRANT THIS COMMISSION DELAYING THIS ACTION IN ORDER TO FURTHER STUDY THIS, DUE TO EITHER SOME ADDITIONAL INSIGHT ON CAPITAL SOLUTIONS, FURTHER COST REDUCTIONS, FURTHER EFFICIENCIES THAT MIGHT BE AVAILABLE FOR US TO EXPLORE IS THERE ANYTHING REMOTELY IN YOUR FACTUAL OR HOPEFUL WINDOW THAT YOU FORESEE THAT WE SHOULD TAKE SOME TIME TO STUDY THIS FURTHER, BEFORE WE PROCEED WITH APPLYING THESE RATE INCREASES TO OUR CITIZENS IN ORDER TO COVER THE COST OF PROVIDING THEM CLEAN DRINKING WATER AND TAKING CARE OF THE PROPER TREATMENT OF THE BY- PRODUCT WASTE." WITH FURTHER COMMENTS, MANAGER SMITH SPOKE OF RATES AND DEADLINES AND ADDED, "IT IS MY PLAN TO COME BACK TO THIS COMMISSION WITH ALTERNATIVES AS WE MOVE FORWARD IN ANTICIPATION OF THIS DISCUSSION AT A FUTURE POINT IN TIME; SO, 1 DON'T KNOW WHAT THAT IS GOING TO HOLD AT THIS POINT, BUT WE WILL EXAMINE ANY AND ALL OPTIONS AND REPORT BACK TO THE COMMISSION IN ANTICIPATION OF THE NEXT TIME WE HAVE THIS DISCUSSION." Tape 2 /Side A ADDITIONAL DISCUSSION CONTINUED. VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 18 OF 32 PUBLIC HEARINGS 503. Community Development Department Planning Division Requests The City Commission Hold A Public Hearing For 2 Reading And Adoption Of Ordinance 2009 -08, The Evaluation And Appraisal Report (EAR) Based Amendments (DCA [Department of Community Affairs] No. [Number] 09- 1ER) To The Comprehensive Plan Which Includes Changes To The Future Land Use Element; Transportation Element; Housing Element; Infrastructure Element; Recreation And Open Space Element; Conservation Element; Public School Facilities Element; Intergovernmental Coordination Element; And Capital Improvements Element, As Well As Changes To The Future Land Use Map Including Golf Side Villas; Lot 91 And 92 Of Tuscawilla Unit 12; Torcaso Park; Diane's Park; Portions Of The FP &L (Florida Power And Light) Easement Between Moss Rd (Road) West To The City Limits; Moss Park; Foxmoor Unit 2 And 3 Open Space; Fruitwood Park; And Sam Smith Park In Response To The Objections, Recommendations And Comments (ORC) Report Of The Florida Dept (Department) Of Community Affairs' And Consistent With Chapter 163, Florida Statutes And 9 -J5, Florida Administrative Code. Attorney Garganese read the Ordinance by "Title" only and noted, "There is a sign -up sheet if any member of the public would like to be notified. Please fill out the sign -in sheet which will go to the Department of Community Affairs and you will be notified as this Ordinance progresses if the Commission Adopts it. If the Commission Adopts this Ordinance, this whole EAR (Evaluation And Appraisal Report) package will be submitted to the Department of Community Affairs for final review, at which point they would issue a Notice based on what they are telling staff; issue a Notice of Compliance and then the Amendments would be in effect twenty -one (21) days after the Notice of Compliance is published." Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO ADOPT." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DEPUTY MAYOR KREBS ADDED, "ORDINANCE 2009 -08." DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 19 OF 32 PUBLIC HEARINGS 504. Not Used. PUBLIC HEARINGS 505. Community Development Department Requests That The City Commission Consider Brighthouse's Application For A Special Permit Related To Modifications To The Existing Brighthouse Site On South Moss Road. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item. Discussion. Deputy Mayor Krebs commented on noise levels and asked, "How did you determine that? Did you do any testing anywhere, comparisons, decibels on what is going up; what is currently occurring there because my fear is that we will allow something to go in only to find out later that it is noisier, and it is not fair to the surrounding community to do that." Mr. Baker explained, "We did not do any kind of a decibel check. What we did note was that the existing generator is right out in the open. They're proposing to have twelve foot (12') walls around it. We can require them to put the extra quiet mufflers like we talked about with the telecommunication tower. That's not a real big deal. But again, the gentleman who called me told me that really the noise was not the problem, it was the parking and the aesthetics." Mr. Baker further noted, "In terms of the aesthetics it's about a 100' tall, it's not very pretty and we'd just assume that taking that down, putting some new buildings and some nice landscaping around there would be an improvement." Deputy Mayor Krebs agreed and stated, "Right, well, taking that down would be an improvement, you are right. I don't disagree with that; I just wondered where, I mean with your statements if you did sound measurements between what it is currently there and what is proposed or how you came to that determination. The issue of cars parked on our right -of -way and over sidewalks is just not going to be acceptable." Mr. Baker added, "Well, with the sidewalk I believe is a Violation of State Law anyhow." Mr. Baker then said, "We have told them that. We have not received their Site Plans or Aesthetic Review Submittals yet. We're expecting them at almost any time. But, in terms of the noise, we can get a machine and measure what's there now and then we can measure what they put in with the twelve foot (12') wall around it and there is a problem we can address that to make sure that it's less." Deputy Mayor Krebs: "Well, I like the idea of the mufflers, too" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28. 2009 PAGE 20 OF 32 Captain Glenn Tolleson, Code Enforcement Bureau, Police Department commented on the site and stated, "Typically what happens is those gates swing out, which when they come open, they do block the sidewalk while they are moving the equipment in an out for short periods of times. However, on some occasions, they're left in that manner. So, I addressed that this morning with one of the Supervisors down there and he was issuing out an email this morning to ensure that the gates are locked back open and not blocking the driveway any longer. As far as the right -of -way, we talked about that. They do sometimes put it on the right of -way to move vehicles around. There again, they are not left overnight. It's in the transition. We spoke about that and he was going to look for some remedies to that as well. Deputy Mayor Krebs commented, "I think they need to find remedies because I just don't think it is right I personally don't think any neighborhood has to tolerate that. Not if we can and maybe then, when it was built then, there was not a lot of traffic around, maybe it was acceptable, I don't know. With further comments about the gate, Deputy Mayor Krebs "I am sure they can come with some kind of something that makes it blend with the neighborhood and that is what we have to do." Captain Tolleson suggested, "Perhaps a sliding gate." Captain Tolleson remarked, "As far as that generator, if you all would like, 1 do have the decibel meter. I would be happy to take a reading." Commissioner Bonner said, "That is a good idea." Deputy Mayor Krebs added, "I just don't want it to increase any; and if we can decrease it, I would like to see it decrease as well. Commissioner Hovey stated, "Well, I wanted to comment and agree with Mr. Pellerin. I drive that road a couple times a day and in the mornings, it is a problem when they have the gates open cause there are children that ride their bikes on that sidewalk and I have seen them dart out in the road and sometimes they can't see because there are trucks and stuff there and Glenn (Tolleson) will tell you, Moss (Road) is a busy road. So, something does need to be done before there is an accident there. And, it is usually in the morning when I see it, which is between seven and eight o'clock, which is when the kids are going over to Winter Springs [Elementary School]. So, it is an issue." Commissioner Brown commented, "I would also agree with that before I get into my other comment. But, I think we ought to be aggressively enforcing a Code Violations when it comes to blocking that sidewalk. John (Baker), we have precedent for generators and I notice the room isn't nearly as full as it was during the Tuscawilla Country Club debate over that Cell Tower, but we made them comply with noise, ornamental shrubs, hidden from view. Just because that community isn't as vocal as Arrowhead and the Estates I don't know why we wouldn't uphold the same criteria we put in place to protect the residents of Arrowhead as we would from the residents of Moss Road. CITY OF WINTER SPRINGS, FLORIDA MINUT CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 21 OF 32 Mr. Baker responded, "You could certainly as a condition require a very adequate landscape." Commissioner Brown said, "I think we should use that as a model." Mr. Stevenson, stated, "I totally agree with you. I think what we are looking for here tonight, is just the authority to move ahead; understanding that site planning and the parking issues and the gates, and the aesthetics and the noise and so forth are going to have to be addressed at the Staff level, as will the aesthetics of this new facility. It will be coming back before this Commission. So, 1 just wanted to make that statement so that we all understood kind of where we were at in the process. Mr. Joseph K. Pinckney, Senior Director of Networking Construction, Bright HouseTM Networks, 6373 All American Boulevard, Orlando, Florida: stated, "We're here to be a good neighbor, absolutely. And that was one of our I think that was our third facility we built when we started the fiber optic upgrades. So, it started, we designed it in [19]'94; built it in [19]'95. We have obviously learned a lot over the last fifteen (15) years on the goings of this nature. So, the first thing I can say is that the gate will be a sliding gate, to where it doesn't swing at all. We've done that to our last fifteen (15) or so buildings. For one thing, it's easier for the technicians; it's quicker for the technicians and just doesn't take up nearly as much real estate, as you can imagine. So, we have gone to that as a standard. The generator, I can absolutely tell you will be quieter. It's behind a twelve foot (12') wall. Today it's out in the open. We're also using the sound baffling techniques on the mufflers we're not here to disturb or disrupt anybody no matter what neighborhood they live in. So, vocality, if I can coin a phrase really doesn't come into we want to be a good neighbor to all of our neighbors in Central Florida and everybody we serve. So, those are the two (2) biggest things we hear everywhere we go, quite honestly. And we're very cognizant of that. We take every step we can to alleviate that. The site today is very cluttered. You see the propane tank is up very prominently and that will be underground on our next version. So, we'll un- clutter the site. We'll have significantly more concrete on the inside of the fence to be able to move around, so that we will not be in the right -of -way. And, I encourage you to enforce the Code any way. We shouldn't be blocking the sidewalk, period. Doesn't matter if there is an outage we are running or anything, we need to be mindful of traffic laws, everything. Safety is first. I encourage that and really we are definitely sympathetic to Mr. Pellerin's concerns." Mr. Pinckney added, "1 have got his address and so I can mail him my business card in case there is any controversy out there; or, we're not cutting the grass right; but I believe all the sites 1 have been to lately, we've a good landscaping company at the moment; so, we always keep an eye on that as well. CITY OF WINTER SPRINGS, FLORIDA MINUTES CI TI COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 22 OF 32 So really, we believe it will be a win for the community a win for us. It is much easier said than done to move one of these things; so, that's not particularly an option at this time. So, it will help for us to extend our services, it will update the site. It will be much more aesthetically pleasing and it will definitely decrease noise and just be a win/win, good neighbor policy." Attorney Garganese asked Mr. Pinckney, "In the last fifteen (15) years or so you have learned a lot about designing these sites, what other aesthetic enhancements have you made that haven't been mentioned, in order to make this more palatable for a residential neighborhood Mr. Pinckney responded by saying, "I wouldn't really want to get into designing on the fly. In this environment, we'll come in with building elevations; we've done some awnings. Aesthetics are in the eye of the beholder. Some people say they look like McDonalds, so I don't know. We have done a couple of versions of fake windows, painted windows, so that's an idea we're considering for this site. I was talking more of the functionality or things like gates swinging open. Things like driveways if they're too steep or you kind of bottom out on it. It was more functionality than aesthetics is what I speaking of, but we're definitely open to working with you." Continuing, Mr. Pinckney explained, "Landscaping for sure, we do a much better job of landscaping than when the site was originally done, from the shrubbery standpoint things of that nature." Attorney Garganese then asked Mr. Pinckney, "The concrete that you mentioned, or the pavement inside the fenced in -area, what enhancements are you proposing to make Mr. Pinckney stated, "It's the way the building will lay out." Mr. Pinckney added, "It will expand to the right and the generator enclosure will be on the right, so that area will be paved in, nice. It will be squared- off." Attorney Garganese inquired, "And that is for what purposes of bringing your trucks in there so they're not on top of the sidewalk Mr. Pinckney remarked, "Yes, and also to get to the doors. There will be a door with the generator enclosure on the right; there will be a door to the new building on the right side of that, which is actually an expanded building before you tear the wall down, between the two (2) buildings, you need to build the place without compromising security." Mayor Bush asked Mr. Pinckney, "Where is this wall going to be? This twelve foot (12') wall you are talking about? Is going to be so that it hides this building from the street CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 23 OF 32 Mr. Pinckney explained, "That's the current concrete parking area. That's the existing 600 square foot building. This will be our proposed new equipment building just to the right of the existing one. Currently, where the tower is today, is about right there. This is then the generator HVAC (Heating Ventilation and Air Conditioning) enclosure. Today, also the air conditioner compressors are outside, I forgot to mention that; so, that will be behind that wall as well, so that they are all contained. We learned during the hurricanes, flying debris and air conditioner compressors don't go together very well; so, that's one reason along with the noise abatement, is the other reason. So, that would be on the south side of the property. Mayor Bush said to Mr. Pinckney, "So, still you will be able to see from the road, you will see the trucks parked in there and all this other stuff?" Mr. Pinckney noted, "Yes Sir, the trucks will be here. They're here today. Here's the gate and instead of swinging open, would slide this way, on a roller type..." Mayor Bush asked, "...Could it be landscaped to hide the trucks Mr. Pinckney stated, "Certainly. We envision hedges along this property line, well all the way around actually." Commissioner Bonner said to Staff, "If ever there was a need to pay attention to compatibility, this is probably going to be one of those cases." With further comments, Commissioner Bonner noted, "I am inclined to support this with the caveat that you are really going to break out the old compatibility yardstick and go to town here and have some fun with creative design team over at Bright HouseTM and bring something back that we all are going to be proud of." Attorney Garganese commented, "Just so we know where we are from a permitting standpoint, as John (Baker) alluded to, this is the first time the Commission has considered approving this kind of Special Permit. So, everyone is on the same page, as the Agenda Item indicates, this is a Non Conforming Use situation. So, under normal circumstances, a Non Conforming Use, Non Conforming structures cannot be expanded. They basically stay as is in a grandfathered state. This City Commission several years ago had the foresight to recognize that in some cases, taking a Non Conforming situation, you can make the situation better, when you're considering the reality of the situation. In this case, the reality is there is a community purpose and benefit for this facility. So, in order to grant the Special Permit, you have to look at issues of compatibility. How do you make the situation better? And, as John (Baker) indicated in the Agenda Item; yes, there are other Permit requirements, like a Site Plan and Aesthetic Review; but this is one of your key opportunities to impose those big compatibility issues as a condition to the Permit. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITI' COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 24 OF 32 I would recommend that, make sure that you are comfortable on those big issues of compatibility as a condition to granting this Special Permit. Because Bright HouseTM can't do what they want to do unless you issue this Special Permit because it is grandfathered in. And, I am taking notes on what those big issues are and I have started drafting a Special Permit. And, my recommendation is going that you actually approve a written Permit for this type of situation and you include those big compatibility issues. So, if you are not at a comfort level and you want to see some more compatibility enhancements brought to you, before you vote on this; it's within your prerogative to direct Staff and the Applicant to come back with maybe a better more detailed concept at this stage; and then you can refine it during Site Planning and Aesthetic Review. "I WOULD MAKE THAT MOTION THAT WE HAVE BROUGHT BACK TO US A BETTER UNDERSTANDING OF WHAT WE WANT TO SEE; WHAT THEY THINK WE WANT TO SEE; AND SOMETHING TO WORK WITH BECAUSE I THINK RIGHT NOW THAT SKETCH ISN'T ENOUGH, NOT FOR ME AT LEAST. SO, I WOULD REALLY ASK THAT WE DO BRING BACK EXACTLY WHAT ANTHONY (GARGANESE) WAS MENTIONING BEFORE THAT IS MY MOTION." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. ATTORNEY GARGANESE REITERATED THE MOTION "TO POSTPONE THIS ITEM TO ANOTHER CITY COMMISSION MEETING TO GIVE THE APPLICANT AN OPPORTUNITY TO WORK WITH STAFF TO PROPOSE SOME MORE DETAILED AESTHETIC ENHANCEMENTS WHICH WILL BE IMPOSED AS A CONDITION TO THE SPECIAL PERMIT IF YOU APPROVE IT." DEPUTY MAYOR KREBS AGREED. MR. PINCKNEY STATED, "WE CAN SUPPORT THAT." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 25 OF 32 REGULAR AGENDA REGULAR 600. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs And The Oviedo Winter Springs Chamber Of Commerce For The 2 Annual Winter Springs Festival Of The Arts. Mr. Chuck Pula, Director, Parks and Recreation Department introduced this Agenda Item. Mr. Paul P. Partyka, 292 Solaris Wharf Street, Winter Springs, Florida: introduced members of the Oviedo Winter Springs Regional Chamber of Commerce and spoke on the upcoming Festival of the Arts. Ms. Cynthia Sucher, 908 Lingo Court, Oviedo, Florida: as the President -Elect of the Oviedo Winter Springs Regional Chamber of Commerce, Ms. Sucher commented on the upcoming Winter Springs Festival of the Arts. M.s. Brenda Hayes Brown, 211 Nandina Terrace, Winter Springs, Florida: presented a signed and framed copy of this year's Festival Poster to the City of Winter Springs. Mayor Bush stated, "Thank you for the gift and we will see that it is displayed in a prominent place. Andrea (Lorenzo Luaces) will take care of that." Discussion followed with Chief Brunelle on Police Department staffing. Commissioner Bonner stated, "As this is written, would the City have any opportunity to recover this thirty -five hundred dollars ($3,500.00), again, in the event that you exceeded your expectations financially or any portion thereof." Mr. Partyka responded, "If we ever got to the point where we were so profitable on this that the Board would probably vote to defray the expenses; but that would be a board decision.'' Commissioner Brown asked about a previous City Commission Workshop where Police staffing costs were discussed. 'Pape 2 /Side B Manager Smith handed out an excerpt from the previous Workshop Minutes that were referenced. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITI COMMISSION RI GUAR MEETING SEPTEMBER 28, 2009 PAGE 26 OF 32 Mayor Bush suggested, "Ask them for a Financial Report at the end of the Festival and if it was profitable obviously, next year, this could influence what the Commission would do." "1 WILL MAKE A MOTION THAT WE GO AHEAD AND WE SUPPLY THE POLICE SERVICES THIS YEAR AND THEN WE TAKE A LOOK REALLY TAKE A LOOK AND REALLY BECOME CLEAR ON HOW WE ARE GOING TO PROVIDE, HOW WE WILL ADDRESS PROFITS, ETC. AND LOOK AT THAT LATER." MOTION BY DEPUTY MAYOR KREBS. DEPUTY MAYOR KREBS ADDDED, "AND SUPPLY US WITH A FINANCIAL AT THE END." MR. PARTYKA NOTED, "WE AGREE WITH THAT." MR. PARTYKA ADDED, "OUR GOAL IS TO MAKE PROFIT AND OUR GOAL IS TO PAY FOR ALL THE COSTS IN THE FUTURE." SECONDED BY COMMISSIONER BONNER. DISCUSSION. COMMISSIONER BONNER SUGGESTED, "I WOULD REALLY APPRECIATE THE CHAMBER COMING BACK, POST THE EVENT WITH THE PROFIT STATEMENT AND DOING A NICE THOROUGH PRESENTATION FOR OUR BENEFIT SO THAT WE CAN UNDERSTAND HOW DID IT TURN OUT WITH 20,000 VISITORS? HOW WERE THE ATTENDANCE PROJECTIONS WHAT DID WE LEARN MANAGER SMITH REITERATED THE MOTION AND SAID, "THE MOTION TO APPROVE THIS AGREEMENT AS IT STANDS WITH TWO (2) CHANGES. NUMBER INE (1), FOR THE CITY TO COVER THE COSTS OF POLICE SERVICES, NOT TO EXCEED THIRTY -FIVE HUNDRED ]DOLLARS] ($3,500.00)..." DEPUTY MAYOR KREBS NOTED, "...CORRECT..." MANAGER SMITH CONTINUED, "...NUMBER TWO (2), WITH THE CAVEAT THAT THE CHAMBER WILL PROVIDE A SUMMARY FINANCIAL REPORT AT THE EVENT..." DEPUTY MAYOR KREBS ADDED, "...AND TO GARY'S (BONNER) POINT, A PRESENTATION LETTING US KNOW, JUST HOW EVERYTHING WENT, HOW MANY PEOPLE." COMMISSIONER BROWN SAID TO MR. PARTYKA AND MS. SUCHER, "USING THE INDUSTRY AVERAGE OF PER PERSON EXPENDITURES, WHEN YOU GET YOUR TOTAL OF HOW MANY PEOPLE ACTUALLY CAME, I WOULD LOVE TO SEE WHAT THE ECONOMIC IMPACT IS." MAYOR BUSH SUGGESTED THAT MR. PARTYKA AND MS. SUCHER APPLY TO SEMINOLE COUNTY FOR TOURIST DEVELOPMENT DOLLARS. CITY OF WINTER SPRINGS, FLORIDA MINU I ES CI'1'1 COMMISSION REGULAR MEETING SI ?P'I EMBER 28, 2009 PAGE 27 OF 32 VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. AGENDA NOTE: THE FOLLOWING PUBLIC HEARING AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA AS DOCUMENTED. PUBLIC HEARINGS AGENDA PART I PUBLIC IIEAKINGS 500. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution No. (Number) 2009 -47, Which Establishes The Final Operating Millage Rate And The Final Voted Debt Service Millage Rate For Fiscal Year 2009 -2010 For The City Of Winter Springs. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input portion of the Agenda Item. Attorney Garganese stated for the Record, This is the final Resolution Adopting the Final Millage Rate for the City of Winter Springs which is the taxing authority for Fiscal Year October 1, 2009 ending September 30 2010. The Resolution states that the City Commission is adopting its Final Operating Millage Rate at 2.4714 Mills and its Final Voted Debt Service Millage Rate of .1100 Mills, again for this upcoming Fiscal Year and the Final Operating Millage Rate of 2.4714 Mills is 9.79% less than the computed rolled back rate of 2.7395." "MOTION TO ADOPT THE RESOLUTION (2009 -47) AS PRESENTED BY THE CITY ATTORNEY." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEP'I'EMI3ER 28, 2009 PAGE 28 OF 32 PUBLIC HEARINGS 501. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution No. (Number) 2009 -48, Establishing The Final Budget For Fiscal Year 2009 -2010. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Attorney Garganese noted, "From my particular contract, it does reflect what we discussed during the Budget Hearing process, the flat fee retainer for all day -to -day legal services, not including litigation of course and the cost of issuance of bond indebtedness which is reflected in the Budget. I will follow up if the Commission approves the Budget, with something in writing on that." "1 MAKE A MOTION TO APPROVE RESOLUTION 2009 -48 WHICH IS THE ADOPTION OF THE 2009 -2010 BUDGET." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. AGENDA NOTE: THE REMAINING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED. REGULAR AGENDA REGULAR 601. Community Development Department Requests The City Commission Review And Consider The Proposed Phase I Elements Of An Economic Development Incentive Program. Mr. Stevenson introduced this Agenda Item for discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CFI '1r COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 29 OF 32 Continuing, Mr. Stevenson stated, "Ordinance 2009 -05 which was approved by this Commission places a Ballot Referendum Election ballot language on the November 2010 Election that would basically provide for an Economic Development Ad Valorem Tax exemption for new and expanding businesses within the city, so that's also something that this Commission has already done that will be forthcoming." Comments followed on the timeframe. Commissioner Brown suggested, "Unless we sunset it, it automatically renews." Mr. Stevenson stated, We can do that. Sure. And, as Commissioner Bonner we can give you a Status Report at intervals of your request." Commissioner Brown stated, `'Six (6) months." Manager Smith added, "I would request that we have the Status Report brought back at least at a six (6) month interval." Mr. Stevenson noted, "Sure." Brief discussion followed on how this measured with other communities in the Economic Development Commission. "I WOULD LIKE TO MAKE A MOTION THAT STAFF BRING BACK A DETAILED RESOLUTIONS AND ORDINANCES REGARDING WHAT WE HAVE JUST DISCUSSED WITH THE HELP OF THE ATTORNEY ON THE NOT SUNSETTING BUT IN FACT COMING UP FOR REVIEW EVERY SIX (6) MONTHS FOR EXTENSION." MOTION BY DEPUTY MAYOR KREBS BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. COMMISSIONER BROWN SUGGESTED, "CAN WE WORD THAT TO AUTOMATICALLY RENEW." DEPUTY MAYOR KREBS ADDED, "THAT IS WHAT 1 WANT THE ATTORNEY TO COME BACK WITH, WHAT IS THE BEST FOR THE CITY." VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 602. Public Works Department Requesting Commission Direction On The Trail Bridge Flags. Brief comments. Deputy Mayor Krebs suggested, "I think we just need to request the County to take them down."' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 30 OF 32 MOTION TO "TAKE THEM DOWN." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 603. Office Of The City Clerk Requests The City Commission Consider Requested Information Regarding The Performance Review For The City Clerk Which Is Due September 27, 2009 (For The Performance Period From September 28, 2008 September 27, 2009). Discussion followed with the City Commission and City Clerk Lorenzo Luaces on the different levels of noted "Goals" and related time lines. Mayor Bush suggested, "I would like to recommend that Andrea (Lorenzo Luaces) work with the Manager on this." Mayor Bush said to the City Manager and the City Clerk, "Is there any reason the two (2) of you can't get together and see if we can take resources that we already have to help accomplish and I think what the Commission is also saying is you need to prioritize them and then Kevin (Smith) can look at it and say I can't help you with this and he comes back to the Commission and he says, `We need some help on this'." Manager Smith stated, "There's no reason we can't do that." Mayor Bush said to City Clerk Lorenzo Luaces, "Got a problem with that City Clerk Lorenzo Luaces stated, "No." Further discussion. Mayor Bush added, "Several suggestions have been made and you can come up with your own plan on how to proceed and bring it back to the Commission if you think it is necessary; and I would encourage the Commissioners to talk to Andrea (Lorenzo Luaces) one -on -one on some of these things. It might be better than doing at a Regular Meeting actually." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 31 OF 32 "I WOULD LIKE TO MAKE A MOTION THAT WE GIVE ANDREA (LORENZO LUACES) A THREE PERCENT (3 RAISE." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR BUSH ASKED, "EFFECTIVE WHEN DEPUTY MAYOR KREBS STATED, "YESTERDAY." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. City Clerk Lorenzo Luaces said to the City Commission, "Thank you all very much." Discussion followed on Anniversary Dates. Commissioner Bonner remarked to City Clerk Lorenzo Luaces, "Congratulations and now I look forward to that forthcoming Agenda Item where we decide how we are going to proceed with how we are going to proceed with reviewing these Goals so that we can be better educated and in a position to support you." REGULAR 604. Office Of The City Manager Requesting The City Commission To Consider The Mayor's Request To Grant An Additional Personal Day For Employees For Fiscal Year 2010. Much discussion followed on the productivity impact, staffing; payroll costs, and related economic issues. No action was taken. CFFY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 28, 2009 PAGE 32 OF 32 ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:22 p.m. RESPECTFULLY SUBMITTED: 1 •ANDRiEA LOIENZO- LUACES, MMC CITY CLERK APPROVED: s/e r' 74 I it i --M JOHN F. BUSH NOTE: These Minutes were approved at the October 12, 2009 Regular City Commission Meeting.