Loading...
HomeMy WebLinkAbout2008 01 28 Consent 204 Approval of the January 14, 2008 Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION -"~ REGULAR MEETING ` JANUARY 14, 2008 , .~ e , CALL TO ORDER The Regular Meeting of Monday, January 14, 2008 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 Donald A. Gilmore, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, arrived at 5:42 p.m. Mr. Kevin Smith, Director, General Services Department, present for the City Manager City Attorney Anthony A. Garganese, arrived at 5:24 p.m. A moment of silence was followed by the Pledge of Allegiance. • • AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. • • AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor And City Commission Presentation Of A Key To The City To Mr. Bill Shafer In Honor Of His Service To The Community. Mayor Bush presented the "Key to the City" to Mr. Bill Shafer. Mr. Shafer addressed the City Commission. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY l4, 2008 .~~_. PAGE 2 OF 3l E'"~:><~- ~"~ INFORMATIQNAL AGENDA ~ = ~~ ~,:,. ,~ -:,e: INFORMATIONAL ~- 100. Community Development Department 1°~s Advising The City Commission Of The Status Of Various Current Planning ~" ~' Projects. ~ -~ ~ b ~~ s- :~~,~: Discussion. Next, with discussion on the status of the Cell Tower, Mayor Bush asked if Staff could email us occasionally. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department stated, "I sure will." City Attorney Anthony A. Garganese arrived at S: 24 p. m. INFORMATIONAL 101. Community Development Department - Urban Beautification Services Division Providing Additional Information Regarding The Florida Department Of Transportation Adopt-A-Highway Litter Removal Program Pursuant To A Request Made By The City Commission During A November 14, 2007 Special Meeting. No discussion. INFORMATIONAL 102. Public Works Department Providing The City Commission Information Regarding The Implementation Plan For Sidewalks On Northern Way And Shetland Avenue. There was no discussion on this Agenda Item. INFORMATIONAL 103. Public Works Department Providing The City Commission With An Update Regarding New Federal Funding Available For The Gee Creek Bank Stabilization Project In Hacienda Village. Brief discussion. Commissioner Robert S. Miller asked Mr. Brian Fields, P.E., City Engineer, Public Works Department if he had met with the Board of Director of Hacienda Village. With further comments, Commissioner Miller asked Mr. Fields if there was Consensus among the Board. Mr. Fields responded, "Will do." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 14, 2008 PAGE 3 OF 31 INFORMATIONAL 104. Parks And Recreation Department Wishes To Inform The City Commission About The Schedules For The January - July, 2008 Winter Springs Special Events. This Agenda Item was not discussed. INFORMATIONAL 105. Finance Department And Parks And Recreation Department Wishes To Inform The City Commission About The Revenue And Expenses Of The Concession Stand. Commissioner Sally McGinnis said, "It is wonderful how this has turned around. Kudos to you Chuck (Pula) and your Staff." INFORMATIONAL 106. Community Development Department - Urban Beautification Services Division Informing The Commission Regarding The City Of Winter Springs Being Named As A `Tree City USA' For The 19th Year And Also Receiving The Prestigious Annual `Growth Award' In 2007. No discussion. INFORMATIONAL 107. Community Development Department -Customer Service Division Wishes To Update The City Commission On The Customer Service Activities For 2007. There was no discussion on this Agenda Item. INFORMATIONAL 108. Parks And Recreation Department Notifying The City Commission Of The Status Of The Florida Recreational Development Assistance Program Grant Regarding A Permanent Dog Park At Central Winds Park. z _ ..: _;~ _~; ~~ . ~~,a ~` _ ~ -, _,7 _~ ~~~~ Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 14, 2008 PAGE 4 OF 3I "MOTION TO APPROVE" INFORMATIONAL AGENDA. MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Fire Department Requesting City Commission Approval To Accept A Check From Mrs. Eleanor Green A Citizen Of Winter Springs. Brief discussion. CONSENT 201. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. Brief discussion ensued with Captain Kevin Brunelle, Police Department. CONSENT 202. Community Development Department And Fire Department Requesting Authorization From The City Commission For A Supplemental Appropriation In The Amount Of $1,950.00 For The Purchase Of Signage Installed On Fire Station 24 In Memory Of Chief Timothy J. Lallathin. :, i i ~~ ~,«~ . ~ .~ , a ~.y~ ,-~ , . ~ No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY l4, 2008 ,y PAGE 5 OF 31 CONSENT 203. Community Development Department - Urban Beautification Services Division Requesting Authorization To Set The City Baseline Streetlight Rate At $12.64 Pursuant To The Revised Rate Schedule Provided By Progress Energy Effective . "~ January 1, 2008 Through December 31, 2008. The Revised Rate Represents A -~ Reduction Of $.49 From The 2007 Rate Of $13.13. 3 There was no discussion on this Agenda Item. CONSENT 204. Office Of The Mayor Requesting Approval Of Resolution Number 2008-06 Expressing Appreciation To Guy DeMaio For His Service On The Board Of Trustees. This Agenda Item was not discussed. CONSENT 205. Office Of The Mayor Requesting Approval Of Resolution Number 2008-07 Expressing Appreciation To Denise Ryser For Her Service On The Planning And Zoning Board/Local Planning Agency. No discussion. CONSENT 206. Public Works Department - Stormwater Division Requesting Authorization To Enter Into A Contractual Agreement With Camp Dresser & McKee Inc. (CDM) To Provide Professional Engineering Services For The Development Of A Total Maximum Daily Load (TMDL) Master Plan. There was no discussion on this Agenda Item. CONSENT 207. Utility Department Requesting Authorization To Execute Amendment 91 -North Orlando/First Addition Water Line Improvements With Conklin, Porter & Holmes Engineers, Inc. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 14, 2008 PAGE 6 OF 31 CONSENT 208. Office Of The City Clerk Approval Of The November 26, 2007 City Commission Tax Reform Discussion Summary. No discussion. CONSENT 209. Office Of The City Clerk Approval Of The December 7, 2007 Special City Commission Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 210.. Office Of The City Manager Requesting City Commission Approval Of Resolution Number 2008-02 To Update The City's Personnel Policies Regarding Military Leave. Commissioner Miller inquired, "If someone is recalled to active duty and they are currently making, let's say a thousand dollars ($1,000.00) amonth -and then they go in the military and they are only paid eight hundred dollars ($800.00) a month, has there been any consideration given to a minimum?" With further comments, Commissioner Miller suggested, "I think we ought to look at putting in a floor, a basic level so that people aren't hurt if they do get recalled." Mr. Kevin Smith, Director, General Services Department stated, "We could look at that if that is the Commission's desires." Mr. Smith added, "If it is the Commission's desire to do something beyond thirty (30) days, we can certainly move in that direction." Commissioner Miller then noted, "Most people today are being recalled much more than thirty (30) days and they end up going over there for a year.." Commissioner Miller noted, "Especially at the lower grades, I don't have a problem with somebody who is - mid-grade Officer or even Senior NCO's (Non-Commissioned Officers), I think they are probably going to be remunerated about what they would be getting with the City or maybe even higher, but it is the people that fall short of that " Continuing, Commissioner Miller remarked, "I think some consideration ought to be given to putting in a floor, whether it be a basic level after which they wouldn't get anything from the City, but if they are below a certain threshold, they would get assistance from the City." -.__ _*~r q~,~;' ,~ ~: , ~, ;.' _ . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION _ _ M °° ^, REGULAR MEETING -JANUARY 14, 2008 `' PAGE 7 OF 31 ~ x ..~ . :.d Attorney Garganese stated, "Legally, as Kevin (Smith) said, the City is obligated to pay :w •~ full pay first thirty (30) days. After that, the law does. provide that after that time period ~~- the employing agency, in this case it would be the City of Winter Springs may ~ °` ~ su lement the em to ees milit a in an amount necessar to brin the em to ees '"~~ " ~' `~ pP p Y ~'P Y Y g p Y certain salary inclusive of his or her base military pay to the level earned at the time the employee was called to active military duty. ~', So, I think what you are saying Commissioner is the City would have the option to make up that difference..." Commissioner Miller noted, "...Beyond the thirty (30) days..." Attorney Garganese continued, "...Beyond the thirty (30) days, military pay plus a supplemental salary that the City can give at its own option to bring the total pay up to what the employee was being paid by the City at the time they were called into service. Legally, that's an option that the Commission can consider, but it's not -required." Further comments were made about everyone being treated the same. COMMISSIONER MILLER ADDED, "IT WOULD ONLY BE WHEN THEY FALL BELOW ACERTAIN -GETTING LESS FROM THE MILITARY THAN THEY WOULD BE GETTING FROM THE CITY OF WINTER SPRINGS. THAT IS MY MOTION -COME BACK WITH THAT." MAYOR BUSH STATED, "MOTION BY COMMISSIONER MILLER TO ACTUALLY MAKE UP THE DIFFERENCE AS ANTHONY (GARGANESE) JUST READ." COMMISSIONER MILLER ADDED, "AND BRING SOMETHING BACK." MAYOR BUSH ADDED, "SECONDED BY COMMISSIONER BROWN." DISCUSSION. MR. SMITH ADDED, "I WILL BRING SOMETHING BACK." COMMISSIONER McGINNIS ASKED, `WHEN THAT INFORMATION COMES BACK, I AM JUST CURIOUS, HOW MANY PEOPLE THAT MIGHT BE IN OUR CITY?" " VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Attorney Garganese said, "So, you don't want to take any action on the Policy as written, you want to bring it all back?" Commissioner Miller noted, "Yes, bring back some ideas and what is the exposure." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 14, 2008 PAGE 8 OF 3l Mayor Bush then suggested, "Item `210', we should have a Motion to Table that." "SO MOVED." MOTION. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CONSENT 211. Office Of The City Clerk Approval Of The December 10, 2007 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. CONSENT 212. Office Of The City Manager Requesting The City Commission To Adopt Resolution Number 2008-OS Finding A Public Purpose For Publication Of Public Information Regarding The January 29, 2008 Constitutional Amendment No. 1. Attorney Garganese said, "Just need to add one (1) word to the Resolution, in Section 1., right at the end, it says `To constitute a lawful and necessary purpose'. Just need to insert the word `public' - so it would be `Public purpose'." Discussion. "MOTION TO APPROVE" CONSENT AGENDA. MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH ADDED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY COMMISSIONER BROWN: AYE MOTION CARRIED. k-,: ~tx..: -3 f. ,,....'... { fva qi. zc4 ~._; i;9 =a ~.r___ .; CITY OF WINTER SPRINGS, FLORIDA MINUTES '~" ~~ CITY COMMISSION REGULAR MEETING -JANUARY 14, 2008 ~;,n ~ PAGE 9 OF 31 I; "Ts ...,~:. REPORTS 1"° ;.° B REPORTS 400. Office Of The City Attorney -Anthony A. Garganese, Esquire _._:a :" ~{ Attorney Garganese commented on the Peters property. ~= Next, Attorney Garganese reported that a lawsuit was settled in Mediation. Attorney Garganese commented on the Jesup's Reserve situation. Lastly, Attorney Garganese then spoke about the Binford case. REPORTS 401. Office Of The City Manager -Ronald W. McLemore No Report. REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, CMC City Clerk Andrea Lorenzo-Luaces reminded everyone about this Thursday's Special Meeting. City Manager Ronald W. McLemore arrived at S: 42 p. m. City Clerk Lorenzo-Luaces introduced new employee LaDonna Slayter. REPORTS 403. Commission Seat Three/Deputy Mayor -Donald A. Gilmore Deputy Mayor Donald A. Gilmore remarked, "I want to compliment Kip and the Public Works people on the wonderful open house the other day, over at the new Public Works facility. I was really impressed with the exhibits you had there and I just wish that everybody in the City could see the kind of things that your people are doing over there for the benefit of all of us. But it was a fine job, job well done and Congratulations and thank you." Deputy Mayor Gilmore asked if everyone for this Thursday's Special Meeting could sit at the same level. CITY OF WINTER SPRINGS, FLOR[DA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 14, 2008 PAGE 10 OF 31 REPORTS 404. Commission Seat Four -Sally McGinnis Commissioner McGinnis stated, "I was impressed with the level of activity when we had the opening for the new Public Works - I stayed and went through all the demonstrations and I was so impressed with the staff's commitment that day to all their demonstrations." Commissioner McGinnis added, "It was really, very gratifying. They were proud." Commissioner McGinnis then noted, "It was that good." REPORTS 405. Commission Seat Five -Joanne M. Krebs "I WOULD LIKE TO APPOINT CARA LYNN ROESNER" TO THE BOWS BOARD. MOTION BY COMMISSIONER KREBS. COMMISSIONER KREBS ADDED, "I MAKE THAT A MOTION." SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Commissioner Krebs spoke of some documents that she shared with the City Commission related to the proposed Fire Assessment and then read a statement; in which Commissioner Krebs mentioned that in the future, instead of words, she would prefer real numbers. Discussion. Commissioner Miller said that he would like to see Staff come back with something on this. Manager McLemore noted, "We're prepared to give that complete discussion to you at the next Meeting before you make the final decision and we'll create - as many options as we can." Further discussion. .t a _.~g ~: - _. r~ ~w ~;- a ~ 3 . vn Tape 1/Side B CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 14, 2008 PAGE 1 l OF 31 Manager McLemore noted, "We are going to show you where the original calculations were and what the calculations are today and they have changed upward." Deputy Mayor Gilmore suggested the need to see details related to this Assessment and if this Assessment is not done, what will the situation look like. Manager McLemore then said, "We will provide you with a response to that and what alternatives may be available to you." With further comments, Commissioner McGinnis asked for all alternatives and options related to the outcome of the January 29th, 2007 Election results. REPORTS 406. Office Of The Mayor -John F. Bush Mayor Bush commented on the proposed Assessment. Next, Mayor Bush noted tomorrow's Florida League of Cities' Press Conference on Shadowbrook Trail in the Winding Hollow subdivision. Mayor Bush mentioned he would not be able to attend the January 17th, 2008 Tri-County League of Cities Luncheon, but that Deputy Mayor Gilmore would be standing in for him. Mayor Bush would be instead giving the "State of the City" address at another event, also on the 17th of January 2008. The Scottish-Highland Games were mentioned next by Mayor Bush. Mayor Bush noted a meeting he has scheduled with Representative Dean Cannon on January 28th, 2007 and said that if there is anything he should bring up, to let him know. Lastly, Mayor Bush stated, "Kip (Lockcuff), Congratulations, you made Public Works look fun." REPORTS 407. Commission Seat One -Robert S. Miller No Report. REPORTS 408. Commission Seat Two -Rick Brown ~, ,: ,. r ~._ .;: ~. ~; ., , Commissioner Brown asked if the public purpose in Agenda Item `212' should have been done differently. C[TY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEET[NG -JANUARY 14, 2008 ~ PAGE 12 OF 31 ~. :: Secondly, Commissioner Brown inquired if the Planning and Zoning Board/Local Planning Agency had been brought up to speed in preparation for this Thursday's Special '~ Meeting. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department stated, "Absolutely." • • AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. • • REPORTS REPORTS 406. Office Of The Mayor -John F. Bush Mayor Bush mentioned recent comments by Seminole County Chairman Brenda Carey on the issue of CALNO (Council of Local Governments in Seminole County) and similar Boards. "I WOULD SUPPORT JUST LEAVING THINGS .THE WAY THEY ARE." MOTION BY COMMISSIONER MILLER. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER BROWN." DISCUSSION. COMMISSIONER BROWN COMMENTED FOR THE RECORD ABOUT THE STATUS OF SEMINOLE COUNTY. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. .REPORTS 401. Office Of The City Manager -Ronald W. McLemore Manager McLemore reviewed some dates he had received from Ms. Pam Lallathin on a Memorial Service. Regarding a newly proposed date of February 8~', 2007 for a Memorial Service, Mayor Bush said, "Shoot for the 9t" [of February] then." No time was specified. CITY OF WINTER SPRINGS, FLOR[DA MINUTES CITY COMMISSION .,= REGULAR MEETING -JANUARY 14, 2008 4' " ` PAGE 13 OF 31 ~.~. PUBLIC INPUT ~ '->" Mr. William Payne, 510 Bentley Street, Oviedo, Florida: thanked the City for their support of the Dog Park. , ,, ,R , Mr. Jim Ridgely, b22 East Washington Street, Orlando, Florida: representing Colliers ~° ~;~;4~; Arnold, Mr. Ridgely said he supported Agenda Item "606". Mr. Gregory T. Davis, 4590 118`h Avenue North, Clearwater, Florida: also supported Agenda Item "606". Ms. Loretta Ames, 150 Third Street, Winter Springs, Florida: thanked the City Commission and Mr. Pula for the Dog Park. Mr. Ron Ligthart, 103b Winding Waters Circle, Winter Springs, Florida: spoke of a document he had distributed to the City Commission related to the proposed Fire Assessment Fees. Mr. Damon Basco, 1178 Baltic Lane, Winter Springs, Florida: introduced himself to the City Commission. Commissioner Krebs mentioned she was hoping to Appoint him to the Board of Trustees. Mayor Bush called a Recess at b.•23 p. m. The Regular Meeting was called back to Order at b: 41 p. m. • • AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED. • • REGULAR AGENDA REGULAR 608. Community Development Department -City Arborist Recommends The City Commission Consider The Request Of Ed Steigerman Of 606 Pearl Road To Remove (1) Specimen Tree Located In The Front Yard Of His Residence. Mr. Mike Mingea, City Arborist, Community Development Department presented this Agenda Item to the City Commission. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 14, 2008 PAGE ] 4 OF 31 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 609. Seminole County Economic Development Department Requesting The City Commission To Explore Adoption Of A Resolution Designating The 17-92 CRA (Community Redevelopment Area) District A Brownfield Area. Mr. John Metsopoulos, US 17-92 CRA Program Manager, Seminole County, IOSS AAA Drive, Suite 145, Heathrow, Florida: addressed the City Commission on this Agenda Item and stated, "What I'm asking tonight is, the go ahead to work with your City Manager and your City Clerk to proceed with the adoption at a later date of the Resolution." With discussion, Manager McLemore commented for the Record, "Does the adoption of this Resolution, commit the City to any matching requirements or anything of that nature that we would not see at this point in time but may experience down the road?" Mr. Metsopoulos responded, "No, in fact the Resolution specifically states there's no financial or legal obligation that the City has unless it chose in the future to make an additional - as far as adoption of this program; the Resolution is very loud and clear that there is no financial obligation. All of the funds come from the State." "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. - ~:~,, r" ~.. ~_ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION `"-~~ REGULAR MEETING -JANUARY 14, 2008 -F PAGE 15 OF 31 ~~ `~` " ` ~.~... Mr. Metsopoulos then explained, "Just to give you a quick rundown, what I will do is get ~_ the file over to the City Clerk and the City Manager and then what will happen will be at the next Meeting, you' 11 have a Public Hearing portion, where property owners can come ~~ and if they want, opt out of the program." Furthermore, Mr. Metsopoulos noted, "And ' then after that Public Hearing part, you can then move to adopt the formal Resolution declarin that ortion of US Hi hwa 17-92 a -Brownfield area but as we're callin g p ( g Y) ~ g a it, a SEED -Seminole Economic Enhancement District." Further discussion. Mr. Metsopoulos added to the City Commission, "I am going to be making phone calls to each and every one of you, to sit down with you." • • AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED. • • PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 502. Community Development Department Recommends The City Commission Hear The Request For A Waiver From Section 6-86. (Minimum Building Setbacks In A PUD (Planned Unit Development)), By Way Of Subsection 20-354. (d) (7), Of The City Code Of Ordinances, To Allow The Replacement Of An Existing Screened Covered Porch With A Sun Room At The Rear Of The Residence Of 891 Stirling Drive (Lot 51, The Highlands Section One, As Recorded In Plat Book 18, Pages 95-96). Mr. John Baker, AICP, Senior Planner, Community Development Department spoke on this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Ann Grimes, 892 Stirling Drive, Winter Springs, Florida: addressed the City Commission and noted she was in favor of the Request. Ms. Nancy Pouncey, 893 Stirling Drive, Winter Springs, Florida: agreed with Ms. Grimes. Ms. Holly Foster, 889 Stirling Drive, Winter Springs, Florida: thought this would enhance the property and was in favor of it. Mayor Bush closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 14, 2008 , PAGE l6 OF 31 ; a>,,_,. Mr. Dan Gilmartin, 891 Stirling Drive, Winter Springs, Florida: addressed the City °..~ ,~~ Commission on this request. ~`,.._ ~~ ` ~ ; ; Discussion. -: ...:, Mr. Baker noted, "Since we at Staff have not seen any Plans, we can't verify whether or ~ not a footer will be required, so you may want to consider - do you want a Waiver if it is °'~' approved to apply whether or not they need to tear the slab out and put a new footer, or not?" Mr. Gilmartin stated, "I'm not changing the footprint on that at all." "I MOVE TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. Tape 2/Side A VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. •• AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED. • • REGULAR AGENDA REGULAR 606. Community Development Department Requests The City Commission Approve The Proposed Development Agreement Modification To Allow The City Manager To Approve Or Deny Building-Mounted Identification Signage, Particularly That In Excess Of 14 Feet In Height, For The Villagio Shopping Center. Mr. Baker spoke on this Agenda Item and said, "We can take signs on the appropriate parts of the building facade to the City Manager and get his approval and not have to bring each individual sign for each tenant to you as the Commission." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 14, 2008 PAGE I7 OF 31 ~ - ' ':a Manager McLemore remarked, "I certainly don't have any problem with that as long as ~.~ we have a clear criteria upon which I am going to make those decisions." ~~ Mr. Baker explained, "If the sign -meets the two foot (2') and the appropriate width, seventy percent (70%) of the store frontage, then we would take it to the City Manager as k.:,. we do with other signs in other parts of the City and if he feels that it fits and is ~~_~ appropriate then we can sign off in Planning and go to the Building Department. They can look at the wind loading and the electrical stuff and then issue the Permit." '+ `~~ Discussion. "I MOVE THAT WE APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MR. STEVENSON CLARIFIED, "THE SIGN DOES MEET FOURTEEN FEET (14'). I BELIEVE THE REQUIREMENT WAS FOR TWELVE FEET (12') OUT THERE, AND THIS WAS THE SITUATION WHERE THEY DID NOT GET THE CONDITIONS PRINTED OUT. THEY BUILT IT ACCORDING TO PLAN." VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Note: This Agenda Item is also discussed on page 20. REGULAR 604. Office Of The City Clerk Respectfully Requests That Commissioner Joanne M. Krebs Make An Appointment To The Board Of Trustees To Fill The Seat Previously Held By Guy DeMaio. "I MAKE A MOTION TO APPOINT DAMON [BASCO]" TO THE BOARD OF TRUSTEES. MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 14, 2008 ` PAGE 18 OF 31 ~ z Mayor Bush then introduced Mr. Andrew Jones, a Deputy Prosecutor who lives in r ~ ~~; Oviedo and is thinking about running for the Legislature. b:. ..... • • AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED. • • - ,. ~~: PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500.1 Community Development Department -Planning Division Requests That The City Commission Approve The Proposed Amendment To The 2007 InterLocal Agreement For Public School Facility Planning And School Concurrency (ILA) Which Establishes The Mandatory Date Of January 1, 2008, As The Effective Date For Implementation Of School Concurrency As Established By The State Land Planning Agency For The Seminole County School District In Accordance With Section 163.3177(12)(1), Florida Statutes. Ms. Sahlstrom spoke on this Agenda Item and mentioned, "On page 9 of 41, there is a description of a Committee called the `Public Schools Facilities Planning Committee'. The reason I wanted to bring that to your attention is that we will be asking you to appoint one (1) Elected Official to participate in this Committee and it is described in the Interlocal Agreement. The duties of that Committee are to meet at least semi-annually and also at the annual joint School Board Workshop and one of the meetings would be scheduled in March." Mayor Bush stated, "Maybe we can do that after we finish this item." Next, Mayor Bush mentioned that the word "January" was spelled incorrectly. Mayor Bush closed the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 14, 2008 PAGE 19 OF 31 VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 500.2 Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2007-22, A Large Scale Comprehensive Plan Text Amendment, Establishing A Public School Facilities Element And Amending The Capital Improvements And The Intergovernmental Coordination Elements Consistent With Chapter 163, Florida Statutes And 9-J5, Florida Administrative Code. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. ,: a.) • • AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS AGAIN DISCUSSED, IN THE ORDER AS DOCUMENTED (PLEASE ALSO SEE PAGES 16-17). • • CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY l4, 2008 - PAGE 20 OF 3 l REGULAR AGENDA ~ 4 ``` REGULAR ~ °'~'~ 606. Community Development Department `~_ " ' Requests The City Commission Approve The Proposed Development Agreement Modification To Allow The City Manager To Approve Or Deny Building-Mounted Identification Signage, Particularly That In Excess Of 14 Feet In Height, For The Villagio Shopping Center. Manager McLemore said, "I just need to make sure that you understood that that sign was built according to Plan, but that Plan was a flawed document." Commissioner Krebs remarked, "Right." Manager McLemore added, "Did you understand that? Your Code is twelve feet (12'). That sign is fourteen feet (14')." Furthermore, Manager McLemore added, "I just need to make sure that you understand that sign is a foot and a half higher than it should be." Commissioner Krebs noted, "I personally think I understand." Note: This Agenda Item is also discussed on pages 16-17. • • AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED. • • PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 501. Office Of The City Attorney Requests The City Commission Approve Resolution 2007-53, Vacating A 73-Square Foot Portion Of Blumberg Boulevard And Conveying Same To Tuskawilla Associates, LLC, The Only Adjoining Private Property Owner. Attorney Garganese read the Resolution by "Title" into the Record. 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. "I MAKE A MOTION THAT WE APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 14, 2008 PAGE 21 OF 31 VOTE: COMMISSIONER MILLER: AYE ~, COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE `; ,~ COMMISSIONER KREBS: AYE ~ .. - ..'. DEPUTY MAYOR GILMORE: AYE k ~~.. MOTION CARRIED. ~ ~~ Commissioner Miller left the dais at 7:27 p.m. PUBLIC HEARINGS 503. Office Of The City Manager Requesting City Commission Approve First Reading Of Ordinance 2008-01 Which Provides For The Implementation Of A Fire Assessment Program In The City Of Winter Springs. Mayor Bush asked, "Can we have a Motion to read by `Title' only." "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE ROOM BEHIND THE DAIS) MOTION CARRIED. (VOICE VOTE AUDIBLE FROM THE Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Mr. Smith spoke on this Agenda Item and stated, "It does not address rates at this point. That would come at the second Reading of this Ordinance with a corresponding Initial Rate Resolution." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 14, 2008 PAGE 22 OF 31 "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: NAY DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE ROOM BEHIND THE DAIS) MOTION CARRIED. (VOICE VOTE AUDIBLE FROM THE PUBLIC HEARINGS 505. Community Development Department -Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2007-24, A Small Scale FLUM Amendment Changing The Future Land Use Map Designation Of 7.54 Acres, Located On The South Side Of Winter Springs Boulevard, Immediately West Of Howell Creek And The Chelsea Parc At Tuscawilla Subdivision From (Winter Springs) "Recreation And Open Space" And "Conservation Overlay" (On Those Affected Areas) To (Winter Springs) "Medium Density Residential" (3.6 DU (Dwelling Unit) To 9.0 DU/Acre) And "Conservation Overlay" (On Those Affected Areas.). Commissioner Miller returned to the dais at 7:31 p. m. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. -~. ,.,, . ., .a _ ;~ 4~ ._:~ e 4 :, "MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 14, 2008 PAGE 23 OF 31 DEPUTY MAYOR GILMORE SAID, "I AM CONCERNED THAT WHEN I READ THIS, IT LOOKS LIKE WE TOOK RECREATIONAL SPACE AND CONVERTED IT TO HOUSING." DEPUTY MAYOR GILMORE ADDED, "I PERSONALLY WOULD LIKE TO SEE US HAVE AT LEAST AN EXPLANATION OF WHAT OCCURRED, AND IT IS NOT IN HERE." ATTORNEY GARGANESE EXPLAINED, "IT IS IN THE -MODIFICATION TO SETTLEMENT AGREEMENT THAT WAS ADOPTED A COUPLE OF MONTHS AGO." ATTORNEY GARGANESE THEN INQUIRED, "WOULD YOU LIKE ME TO INCORPORATE SOME OF THOSE RECITALS INTO THE `WHEREAS' CLAUSES?" DEPUTY MAYOR GILMORE REMARKED, "I WOULD LIKE TO SEE THAT INCORPORATED." COMMISSIONER KREBS SUGGESTED, "I THINK IT IS TIME FOR THE ASTERISK." "INCLUDE SOME SORT OF EXPLANATION REGARDING - AN ASTERISK - REGARDING HOW AND WHY OR WHATEVER IT IS YOU NEED TO PUT IN EXPLAINING THAT PART OF THE CONCERN." AMENDMENT TO THE MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. ATTORNEY GARGANESE NOTED, "YOU WANT TO ADD SOME `WHEREAS' RECITALS TO REFLECT THE SETTLEMENT AGREEMENT AND THE REASONS BEHIND THAT AND THE EXCHANGE." MAYOR BUSH INQUIRED, "THIS WON'T CAUSE US TO HAVE ANOTHER SECOND READING OF THIS?" ATTORNEY GARGANESE STATED, "NO." VOTE: (ON THE AMENDMENT) DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. r G :. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY l4, 2008 PAGE 24 OF 31 PUBLIC HEARINGS 504. Public Works Department - Stormwater Division Requests The City Commission Approve On Second Reading And Adopt Ordinance 2007-32 Which Amends Chapter 8 -Flood Damage Prevention. Attorney Garganese read Ordinance 2007-32 by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. `~~ No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. • • AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED. • • REGULAR AGENDA REGULAR b00. Office Of The City Attorney Requests That The City Commission Adopt Resolution 2008-01, Authorizing The City Manager And Police Department To Conduct A Nine Month Study On The Effects Of On-Street Parking On City Roads Within Certain Study Areas Within The Citv. Attorney Garganese introduced this Agenda Item. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY l4, 2008 PAGE 25 OF 3l Commissioner Krebs asked when the Study would commence. Captain Glenn Tolleson, Police Department stated, "Within two (2) weeks -the copy of the Ordinance is going to go, a map of the affected areas is going to go and then a letter with what it is going to entail, with some suggestions." Further discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 601. Office Of The City Manager And Office Of The City Attorney Requesting The City Commission To Consider The Legal Opinion Of The City Attorney Regarding Conservation Easements And To Provide Whatever Direction The Commission Deems Appropriate. Attorney Garganese introduced this Agenda Item. Discussion. "I WOULD LIKE TO MAKE A MOTION TO HAVE THE CITY MANAGER BRING BACK A WAY FOR WHAT WE NEED TO DO, TO MAKE THIS HAPPEN AND A LIST OF AGENCIES THAT WOULD QUALIFY FOR CONSIDERATION IN THIS EASEMENT PROCESS." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISS IONER BROWN. DISCUSSION. COMMISSIONER MILLER ASKED, "AND THAT WOULD BE IN A PRIORITIZED DESCENDING ORDER..." COMMISSIONER KREBS SAID, "...YES IT WOULD." CITY OF WINTER SPRINGS, FLOR[DA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 14, 2008 PAGE 26 OF 31 ATTORNEY GARGANESE MENTIONED, "IF YOU WANT US TO GO BACK ~, AND GET A LIST OR COME UP WITH SOME -STRATEGIES AND PRESENT ~ ` '; THOSE TO YOU AT THE NEXT MEETING; I THINK THAT IS GOOD . DIRECTION." ~~ ~ A Tape 2/Side B COMMISSIONER McGINNIS STATED, "I AM NOT ASKING YOU TO PRIORITIZE IT, JUST BRING THE INFORMATION BACK TO US." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. REGULAR 602. Office Of The City Attorney Presents Information Regarding Existing Enclaves Located Within The City And The Legal Options For Annexing Said Enclaves Under Florida Law. The City Attorney Also Requests That The City Commission Provide Formal Direction Regarding The Available Options. Attorney Garganese presented opening comments on this Agenda Item. Discussion. Attorney Garganese noted, "There are some other complicated legal nuances that would have to be worked out in these types of agreements. There are some planning issues too that have to be worked out. The bottom line is, yes, in my view there are opportunities to expedite the annexation of these enclaves, however it requires an agreement with Seminole County. There is a 1987 Agreement that is currently on the books so you would have to request that Seminole County sit down and negotiate changes to that 1987 Agreement in my view. And if that is what the Commission wants to do - my recommendation in the Agenda Item is to, as a matter of courtesy is to approach Seminole County and broach this issue with them to see if there is a willingness to sit down and negotiate this type of Agreement. If they were not, I mentioned in the -Agenda Item under the Interlocal Boundary Service Agreement Act, you could compel Seminole County to sit down and negotiate in good faith. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 14, 2008 z. PAGE 27 OF 31 Under the Act, you would just adopt an initiating Resolution, and you would identify ' what the issues are that you want to address. You would provide the appropriate maps. You would forward that off to Seminole County. They would be required to adopt a e' responding Resolution and then negotiations would start, and those negotiations would have to be conducted in good faith for a period of at least six (6) months. But under the , Act, Seminole County is not required to agree to anything. They're just simply required t` ,, to negotiate." ' ;,s~" Further comments. "ALL OF THESE REALLY ARE ENCLAVES IN THE TRUE SENSE OF THE WORD WHICH WE SURROUND THEM ON FOUR (4) SIDES -THAT WOULD BE MY MOTION." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH SAID, "MOTION THAT WE MOVE FORWARD WITH THE RECOMMENDATION THAT ANTHONY [GARGANESE] HAS GIVEN." MAYOR BUSH ADDED, "GO AFTER ALL OF THEM?" COMMISSIONER MILLER SAID, "YES." MAYOR BUSH SAID, "EVERYBODY UNDERSTAND THAT? RIGHT?" COMMISSIONER MILLER SAID, "YES." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 603. Office Of The City Manager Requests The City Commission Adopt Resolution 2008-04 Establishing Oversized Vehicle Restrictions On Blumberg Boulevard. "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. C[TY OF WINTER SPRINGS, FLORIDA MINUTES C[TY COMMISSION REGULAR MEETING -JANUARY 14, 2008 PAGE 28 OF 31 REGULAR 605. Public Works Department Providing The City Commission With Information On The Vacated Public Works Compound Property. Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Department spoke on this Agenda Item. Members of the City Commission and Staff suggested that there should be more park area on the west side of the City; that the Fire Department might need the land later; their concerns with Fire vehicle access and response times; closing streets and related possible issues; parking concerns; that this should become a park; building a new community center on this property; and buying the residence which is currently there. Manager McLemore said, "I think we need to come up with probably three (3) to four (4) development alternatives for you to look at and how we would create a park system there that's compatible with what its' uses around it, provide for the appropriate support facilities, parking, and all of that - and I think we have a clear direction of where you want to go." Further discussion followed on a pocket park. "SO MOVED - FOR THE CITY MANAGER TO COME BACK WITH OPTIONS." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 607. Chairman Of The Code Enforcement Board Requesting To Review With The City Commission The Winter Springs Code Enforcement Board Policy Manual Which Was Recently Approved By The Code Enforcement Board. Manager McLemore gave an overview on the issues related to this Agenda Item. Mr. Mathew Matisak, 794 Seneca Meadows Road, Winter Springs, Florida: as the Chairman of the Code Enforcement Board, Mr. Matisak addressed the City Commission on the efforts of the Code Enforcement Board. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 14, 2008 PAGE 29 OF 31 Discussion. Tape 3/Side A Further discussion. Discussion followed on whether there should be a Special Magistrate instead of the Code Enforcement Board. Attorney Garganese remarked, "When these Rules and Procedures filtered their way up to the point where it was placed on the Commission Agenda, I had an opportunity to review them. There are some changes that I would recommend. I shared those changes with Matt (Matisak). He has a copy of my letter and I will give you a copy after the Meeting." Further discussion. Attorney Garganese recommended, "I have always said they [Code Enforcement Board] need to have legal counsel, one way or another." With further comments, Attorney Garganese recommended, "I think the Code [Enforcement] Board needs legal counsel." Discussion continued. Commissioner Brown said to Chairman Matisak, "As a Volunteer, I know how seriously you take this and I think the amount of initiative that you and the Board showed in taking this undertaking and getting it to the point it is today, really needs to be commended." Commissioner Krebs added, "Absolutely." With further discussion, Commissioner Miller said he would like more information on how many cities had legal counsel and how many Appeals there have been. Commissioner McGinnis suggested, "When you look at this document tomorrow Matt (Matisak), I believe you use interchangeably, `Clerk of the Board' and `City Clerk'. I think you mean one and the same." Chairman Matisak explained, "There are some typos in there and at the last Meeting, I addressed that to ensure that the Clerk can make those changes and we Voted on that to ensure that she can freely make those changes - as long as there isn't an intent changing the document, so she can do that." Discussion continued. Mayor Bush noted, "You heard both the Attorney and Matt (Matisak) agree that this can be corrected. Does the Commission have any issue with that at all?" Commissioner McGinnis stated, "No." Commissioner Krebs stated, "No. He is going to take care of that tomorrow." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 14, 2008 PAGE 30 OF 31 Manager McLemore commented, "The appropriate role is not Matt (Matisak) sitting here '~> to inform you what they've done. The appropriate role is to provide you with these <~. , things so they can be analyzed because you're the one that is going to pay if there is a ~~. mistake. That is something that we have to have a fundamental understanding about - they represent you." , Furthermore, "That's the reason these things have to be reviewed and analyzed before Y.~:-~.;: =~i: they adopt them; not just come in here and tell you this is what we're doing." Discussion. On how to proceed, Manager McLemore suggested; "You give the Attorney the authority to work with them and work these things out." "I MAKE THAT MOTION -THAT WE ARE ENPOWERING THE CITY ATTORNEY TO..." MANAGER McLEMORE ADDED, "...AND IF THEY GET INTO A DISPUTE, THEY CAN'T AGREE - IT COMES BACK TO YOU." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. ATTORNEY GARGANESE REMARKED, "IF THERE IS SOMETHING THAT THEY'RE DOING THAT IS INCONSISTENT WITH THE POLICIES ADOPTED BY THE COMMISSION, OR FLORIDA LAW, I WILL BRING IT BACK TO YOU. THE ISSUES THAT I HAVE FOUND THAT NEED TO BE ADDRESSED ARE IN THAT LETTER." VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. "I MOVE THAT WE MANDATE LEGAL COUNSEL BE PRESENT AT ALL CODE ENFORCEMENT [BOARD] MEETINGS." MOTION BY COMMISSIONER McGINNIS. ATTORNEY GARGANESE ASKED, "DO YOU WANT THAT TO BE THE CITY ATTORNEY OR DO YOU WANT TO GET ANOTHER..." COMMISSIONER McGINNIS NOTED, "...I AM COMFORTABLE THAT -YES, THAT IT WOULD BE THE CITY ATTORNEY." ATTORNEY GARGANESE ADDED, "I COULDN'T PRESENT CASES AND REPRESENT THE BOARD. IT'S ONE OR THE OTHER." SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 14, 2008 PAGE 31 OF 31 COMMISSIONER MILLER STATED, "I WOULD LIKE TO SEE THE MOTION HELD IN ABEYANCE OR THE DECISION TO IMPLEMENT IT, HELD IN ABEYANCE UNTIL WE GET SOME FEEDBACK. I WOULD LIKE TO SEE IT TABLED." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. COMMISSIONER MILLER CONTINUED, "UNTIL WE GET SOME INFORMATION." VOTE: CnMMTSSTONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: NAY DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. Further discussion followed on a Hearing Officer. Mayor Bush suggested Attorney Garganese look into the need for this. In other City business, Mayor Bush spoke further on the "Data that the Commission wants to see coming back on this before the -Second Reading of this Ordinance" on the proposed Fire Assessment Fees. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 9:17 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: MAYOR JOHN F. BUSH ~~i F r ~' ~:. e;: _ F~ NOTE: These Minutes were approved at the , 2008 Regular City Commission Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JANUARY 14,2008 CALL TO ORDER The Regular Meeting of Monday, January 14,2008 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 Donald A. Gilmore, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, arrived at 5 :42 p.m. Mr. Kevin Smith, Director, General Services Department, present for the City Manager City Attorney Anthony A. Garganese, arrived at 5 :24 p.m. A moment of silence was followed by the Pledge of Allegiance. .:..:. AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. .:. .:. AWARDS AND PRESENT A TIONS AWARDS AND PRESENT A nONS 300. Office Of The Mayor And City Commission Presentation Of A Key To The City To Mr. Bill Shafer In Honor Of His Service To The Community. Mayor Bush presented the "Key to the City" to Mr. Bill Shafer. Mr. Shafer addressed the City Commission. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2008 PAGE 2 OF 31 INFORMA TIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Discussion. Next, with discussion on the status of the Cell Tower, Mayor Bush asked if Staff could email usoccasionally.Mr. Randy Stevenson, ASLA, A1CP, Director, Community Development Department stated, "I sure will." City Attorney Anthony A. Garganese arrived at 5:24 p.m. INFORMATIONAL 101. Community Development Department - Urban Beautification Services Division Providing Additional Information Regarding The Florida Department Of Transportation Adopt-A-Highway Litter Removal Program Pursuant To A Request Made By The City Commission During A November 14,2007 Special Meeting. No discussion. INFORMATIONAL 102. Public Works Department Providing The City Commission Information Regarding The Implementation Plan For Sidewalks On Northern Way And Shetland Avenue. There was no discussion on this Agenda Item. INFORMATIONAL 103. Public Works Department Providing The City Commission With An Update Regarding New Federal Funding Available For The Gee Creek Bank Stabilization Project In Hacienda Village. Brief discussion. Commissioner Robert S. Miller asked Mr. Brian Fields, P.E., City Engineer, Public Works Department if he had met with the Board of Director of Hacienda Village. With further comments, Commissioner Miller asked Mr. Fields if there was Consensus among the Board. Mr. Fields responded, "Will do." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2008 PAGE 3 OF 31 INFORMATIONAL 104. Parks And Recreation Department Wishes To Inform The City Commission About The Schedules For The January - July, 2008 Winter Springs Special Events. This Agenda Item was not discussed. INFORMATIONAL 105. Finance Department And Parks And Recreation Department Wishes To Inform The City Commission About The Revenue And Expenses Of The Concession Stand. Commissioner Sally McGinnis said, "It is wonderful how this has turned around. Kudos to you Chuck (Pula) and your Staff." INFORMATIONAL 106. Community Development Department - Urban Beautification Services Division Informing The Commission Regarding The City Of Winter Springs Being Named As A 'Tree City USA' For The 19th Year And Also Receiving The Prestigious Annual 'Growth Award' In 2007. No discussion. INFORMATIONAL 107. Community Development Department - Customer Service Division Wishes To Update The City Commission On The Customer Service Activities For 2007. There was no discussion on this Agenda Item. INFORMATIONAL 108. Parks And Recreation Department Notifying The City Commission Of The Status Of The Florida Recreational Development Assistance Program Grant Regarding A Permanent Dog Park At Central Winds Park. Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2008 PAGE 4 OF 31 "MOTION TO APPROVE" INFORMATIONAL AGENDA. MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Fire Department Requesting City Commission Approval To Accept A Check From Mrs. Eleanor Green A Citizen Of Winter Springs. Brief discussion. CONSENT 201. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. Brief discussion ensued with Captain Kevin Brunelle, Police Department. CONSENT 202. Community Development Department And Fire Department Requesting Authorization From The City Commission For A Supplemental Appropriation In The Amount Of $1,950.00 For The Purchase Of Signage Installed On Fire Station 24 In Memory Of Chief Timothy J. Lallathin. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2008 PAGE 5 OF 31 CONSENT 203. Community Development Department - Urban Beautification Services Division Requesting Authorization To Set The City Baseline Streetlight Rate At $12.64 Pursuant To The Revised Rate Schedule Provided By Progress Energy Effective January 1, 2008 Through December 31, 2008. The Revised Rate Represents A Reduction Of $.49 From The 2007 Rate Of $13.13. There was no discussion on this Agenda Item. CONSENT 204. Office Of The Mayor Requesting Approval Of Resolution Number 2008-06 Expressing Appreciation To Guy DeMaio For His Service On The Board Of Trustees. This Ag€:;nda Item was not discussed. CONSENT 205. Office Of The Mayor Requesting Approval Of Resolution Number 2008-07 Expressing Appreciation To Denise Ryser For Her Service On The Planning And Zoning Board/Local Planning Agency. No discussion. CONSENT 206. Public Works Department - Stormwater Division Requesting Authorization To Enter Into A Contractual Agreement With Camp Dresser & McKee Inc. (CDM) To Provide Professional Engineering Services For The Development Of A Total Maximum Daily Load (TMDL) Master Plan. There was no discussion on this Agenda Item. CONSENT 207. Utility Department Requesting Authorization To Execute Amendment 91 - North OrlandolFirst Addition Water Line Improvements With Conklin, Porter & Holmes Engineers, Inc. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2008 PAGE 6 OF 31 CONSENT 208. Office Of The City Clerk Approval Of The November 26, 2007 City Commission Tax Reform Discussion Summary. No discussion. CONSENT 209. Office Of The City Clerk Approval Of The December 7, 2007 Special City Commission Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 210. Office Of The City Manager Requesting City Commission Approval Of Resolution Number 2008-02 To Update The City's Personnel Policies Regarding Military Leave. Commissioner Miller inquired, "If someone is recalled to active duty and they are currently making, let's say a thousand dollars ($1,000.00) a month - and then they go in the military and they are only paid eight hundred dollars ($800.00) a month, has there been any consideration given to a minimum?" With further comments, Commissioner Miller suggested, "I think we ought to look at putting in a floor, a basic level so that people aren't hurt if they do get recalled." Mr. Kevin Smith, Director, General Services Department stated, "We could look at that if that is the Commission's desires." Mr. Smith added, "If it is the Commission's desire to do something beyond thirty (30) days, we can certainly move in that direction." Commissioner Miller then noted, "Most people today are being recalled much more than thirty (30) days and they end up going over there for a year." Commissioner Miller noted, "Especially at the lower grades, I don't have a problem with somebody who is - mid-grade Officer or even Senior NCO's (Non-Commissioned Officers), I think they are probably going to be remunerated about what they would be getting with the City or maybe even higher, but it is the people that fall short of that " Continuing, Commissioner Miller remarked, "I think some consideration ought to be given to putting in a floor, whether it be a basic level after which they wouldn't get anything from the City, but if they are below a certain threshold, they would get assistance from the City." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2008 PAGE 7 OF 31 Attorney Garganese stated, "Legally, as Kevin (Smith) said, the City is obligated to pay full pay first thirty (30) days. After that, the law does provide that after that time period the employing agency, in this case it would be the City of Winter Springs may supplement the employees military pay in an amount necessary to bring the employees certain salary inclusive of his or her base military pay to the level earned at the time the employee was called to active military duty. So, I think what you are saying Commissioner is the City would have the option to make up that difference..." Commissioner Miller noted, ". ..Beyond the thirty (30) days..." Attorney Garganese continued, ".. . Beyond the thirty (30) days, military pay plus a supplemental salary that the City can give at its own option to bring the total pay up to what the employee was being paid by the City at the time they were called into service. Legally, that's an option that the Commission can consider, but it's not - required." Further comments were made about everyone being treated the same. COMMISSIONER MILLER ADDED, "IT WOULD ONLY BE WHEN THEY FALL BELOW A CERTAIN - GETTING LESS FROM THE MILITARY THAN THEY WOULD BE GETTING FROM THE CITY OF WINTER SPRINGS. THAT IS MY MOTION - COME BACK WITH THAT." MAYOR BUSH STATED, "MOTION BY COMMISSIONER MILLER TO ACTUALLY MAKE UP THE DIFFERENCE AS ANTHONY (GARGANESE) JUST READ." COMMISSIONER MILLER ADDED, "AND BRING SOMETHING BACK." MAYOR BUSH ADDED, "SECONDED BY COMMISSIONER BROWN." DISCUSSION. MR. SMITH ADDED, "I WILL BRING SOMETHING BACK." COMMISSIONER McGINNIS ASKED, "WHEN THAT INFORMATION COMES BACK, I AM JUST CURIOUS, HOW MANY PEOPLE THAT MIGHT BE IN OUR CITY?" VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. Attorney Garganese said, "So, you don't want to take any action on the Policy as written, you want to bring it all back?" Commissioner Miller noted, "Yes, bring back some ideas and what is the exposure." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2008 PAGE 8 OF 31 Mayor Bush then suggested, "Item '210', we should have a Motion to Table that." "SO MOVED." MOTION. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CONSENT 211. Office Of The City Clerk Approval Of The December 10,2007 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. CONSENT 212. Office Of The City Manager Requesting The City Commission To Adopt Resolution Number 2008-05 Finding A Public Purpose For Publication Of Public Information Regarding The January 29, 2008 Constitutional Amendment No.1. Attorney Garganese said, "Just need to add one (1) word to the Resolution, in Section 1., right at the end, it says 'To constitute a lawful and necessary purpose'. Just need to insert the word 'public' - so it would be 'Public purpose'." Discussion. "MOTION TO APPROVE" CONSENT AGENDA. MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH ADDED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY COMMISSIONER BROWN : AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2008 PAGE 9 OF 31 REPORTS REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese commented on the Peters property. Next, Attorney Garganese reported that a lawsuit was settled in Mediation. Attorney Garganese commented on the Jesup's Reserve situation. Lastly, Attorney Garganese then spoke about the Binford case. REPORTS 401. Office Of The City Manager - Ronald W. McLemore No Report. REPORTS 402. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Andrea Lorenzo-Luaces reminded everyone about this Thursday's Special Meeting. City Manager Ronald W McLemore arrived at 5:42 p.m. City Clerk Lorenzo-Luaces introduced new employee LaDonna Slayter. REPORTS 403. Commission Seat Three/Deputy Mayor - Donald A. Gilmore Deputy Mayor Donald A. Gilmore remarked, "I want to compliment Kip and the Public Works people on the wonderful open house the other day, over at the new Public Works facility. 1 was really impressed with the exhibits you had there and 1 just wish that everybody in the City could see the kind of things that your people are doing over there for the benefit of all of us. But it was a fine job, job well done and Congratulations and thank you." Deputy Mayor Gilmore asked if everyone for this Thursday's Special Meeting could sit at the same level. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2008 PAGE 10 OF 31 REPORTS 404. Commission Seat Four - Sally McGinnis Commissioner McGinnis stated, "I was impressed with the level of activity when we had the opening for the new Public Works - I stayed and went through all the demonstrations and I was so impressed with the staff's commitment that day to all their demonstrations." Commissioner McGinnis added, "It was really, very gratifying. They were proud." Commissioner McGinnis then noted, "It was that good." REPORTS 405. Commission Seat Five - Joanne M. Krebs "I WOULD LIKE TO APPOINT CARA LYNN ROESNER" TO THE BOWS BOARD. MOTION BY COMMISSIONER KREBS. COMMISSIONER KREBS ADDED, "I MAKE THAT A MOTION." SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Commissioner Krebs spoke of some documents that she shared with the City Commission related to the proposed Fire Assessment and then read a statement; in which Commissioner Krebs mentioned that in the future, instead of words, she would prefer real numbers. Discussion. Commissioner Miller said that he would like to see Staff come back with something on this. Manager McLemore noted, "We're prepared to give that complete discussion to you at the next Meeting before you make the final decision and we'll create - as many options as we can." Further discussion. Tape 1/Side B CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2008 PAGE II OF 31 Manager McLemore noted, "Weare going to show you where the original calculations were and what the calculations are today and they have changed upward." Deputy Mayor Gilmore suggested the need to see details related to this Assessment and if this Assessment is not done, what will the situation look like. Manager McLemore then said, "We will provide you with a response to that and what alternatives may be available to you." With further comments, Commissioner McGinnis asked for all alternatives and options related to the outcome of the January 29th, 2007 Election results. REPORTS 406. Office Of The Mayor - John F. Bush Mayor Bush commented on the proposed Assessment. Next, Mayor Bush noted tomorrow's Florida League of Cities' Press Conference on Shadowbrook Trail in the Winding Hollow subdivision. Mayor Bush mentioned he would not be able to attend the January 17th, 2008 Tri-County League of Cities Luncheon, but that Deputy Mayor Gilmore would be standing in for him. Mayor Bush would be instead giving the "State of the City" address at another event, also on the 1 ih of January 2008. The Scottish-Highland Games were mentioned next by Mayor Bush. Mayor Bush noted a meeting he has scheduled with Representative Dean Cannon on January 28th, 2007 and said that ifthere is anything he should bring up, to let him know. Lastly, Mayor Bush stated, "Kip (Lockcuff), Congratulations, you made Public Works look fun." REPORTS 407. Commission Seat One - Robert S. Miller No Report. REPORTS 408. Commission Seat Two - Rick Brown Commissioner Brown asked if the public purpose in Agenda Item '212' should have been done differently. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2008 PAGE 12 OF 31 Secondly, Commissioner Brown inquired if the Planning and Zoning Board/Local Planning Agency had been brought up to speed in preparation for this Thursday's Special Meeting. Ms. Eloise Sahlstrom, AS LA, AICP, Senior Planner, Community Development Department stated, "Absolutely." .:..:. AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:. .:. REPORTS REPORTS 406. Office Of The Mayor - John F. Bush Mayor Bush mentioned recent comments by Seminole County Chairman Brenda Carey on the issue of CALNO (Council of Local Governments in Seminole County) and similar Boards. "I WOULD SUPPORT JUST LEAVING THINGS THE WAY THEY ARE." MOTION BY COMMISSIONER MILLER. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER BROWN." DISCUSSION. COMMISSIONER BROWN COMMENTED FOR THE RECORD ABOUT THE STATUS OF SEMINOLE COUNTY. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REPORTS 401. Office Of The City Manager - Ronald W. McLemore Manager McLemore reviewed some dates he had received from Ms. Pam Lallathin on a Memorial Service. Regarding a newly proposed date of February 8th, 2007 for a Memorial Service, Mayor Bush said, "Shoot for the 9th [of February] then." No time was specified. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2008 PAGE 13 OF 31 PUBLIC INPUT Mr. William Payne, 510 Bentley Street, Oviedo, Florida: thanked the City for their support of the Dog Park. Mr. Jim Ridgely, 622 East Washington Street, Orlando, Florida: representing Colliers Arnold, Mr. Ridgely said he supported Agenda Item "606". Mr. Gregory T Davis, 4590 118th Avenue North, Clearwater, Florida: also supported Agenda Item "606". Ms. Loretta Ames, 150 Third Street, Winter Springs, Florida: thanked the City Commission and Mr. Pula for the Dog Park. Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: spoke of a document he had distributed to the City Commission related to the proposed Fire Assessment Fees. Mr. Damon Basco, 1178 Baltic Lane, Winter Springs, Florida: introduced himself to the City Commission. Commissioner Krebs mentioned she was hoping to Appoint him to the Board of Trustees. Mayor Bush called a Recess at 6:23 p.m. The Regular Meeting was called back to Order at 6:41 p.m. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED. .:..:. REGULAR AGENDA REGULAR 608. Community Development Department - City Arborist Recommends The City Commission Consider The Request Of Ed Steigerman Of 606 Pearl Road To Remove (1) Specimen Tree Located In The Front Yard Of His Residence. Mr. Mike Mingea, City Arborist, Community Development Department presented this Agenda Item to the City Commission. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2008 PAGE 14 OF 31 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 609. Seminole County Economic Development Department Requesting The City Commission To Explore Adoption Of A Resolution Designating The 17-92 CRA (Community Redevelopment Area) District A Brownfield Area. Mr. John Metsopoulos, US 17-92 CRA Program Manager, Seminole County, 1055 AAA Drive, Suite 145, Heathrow, Florida: addressed the City Commission on this Agenda Item and stated, "What I'm asking tonight is, the go ahead to work with your City Manager and your City Clerk to proceed with the adoption at a later date of the Resolution. " With discussion, Manager McLemore commented for the Record, "Does the adoption of this Resolution, commit the City to any matching requirements or anything of that nature that we would not see at this point in time but may experience down the road?" Mr. Metsopoulos responded, "No, in fact the Resolution specifically states there's no financial or legal obligation that the City has unless it chose in the future to make an additional - as far as adoption of this program; the Resolution is very loud and clear that there is no financial obligation. All ofthe funds come from the State." "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 14,2008 PAGE 15 OF 31 Mr. Metsopoulos then explained, "Just to give you a quick rundown, what 1 will do is get the file over to the City Clerk and the City Manager and then what will happen will be at the next Meeting, you'll have a Public Hearing portion, where property owners can come and if they want, opt out of the program." Furthermore, Mr. Metsopoulos noted, "And then after that Public Hearing part, you can then move to adopt the formal Resolution declaring that portion of (US Highway) 17-92, a - Brownfield area, but as we're calling it, a SEED - Seminole Economic Enhancement District." Further discussion. Mr. Metsopoulos added to the City Commission, "I am going to be making phone calls to each and everyone of you, to sit down with you." .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED. .:..:. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 502. Community Development Department Recommends The City Commission Hear The Request For A Waiver From Section 6-86. (Minimum Building Setbacks In A PUD (Planned Unit Development)), By Way Of Subsection 20-354. (d) (7), Of The City Code Of Ordinances, To Allow The Replacement Of An Existing Screened Covered Porch With A Sun Room At The Rear Of The Residence Of 891 Stirling Drive (Lot 51, The Highlands Section One, As Recorded In Plat Book 18, Pages 95-96). Mr. John Baker, AICP, Senior Planner, Community Development Department spoke on this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Ann Grimes, 892 Stirling Drive, Winter Springs, Florida: addressed the City Commission and noted she was in favor of the Request. Ms. Nancy Pouncey, 893 Stirling Drive, Winter Springs, Florida: agreed with Ms. Grimes. Ms. Holly Foster, 889 Stirling Drive, Winter Springs, Florida: thought this would enhance the property and was in favor of it. Mayor Bush closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2008 PAGE 16 OF 31 Mr. Dan Gilmartin, 891 Stirling Drive, Winter Springs, Florida: addressed the City Commission on this request. Discussion. Mr. Baker noted, "Since we at Staff have not seen any Plans, we can't verify whether or not a footer will be required, so you may want to consider - do you want a Waiver if it is approved to apply whether or not they need to tear the slab out and put a new footer, or not?" Mr. Gilmartin stated, "I'm not changing the footprint on that at all." "I MOVE TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. Tape 2/Side A VOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED. .:..:. REGULAR AGENDA REGULAR 606. Community Development Department Requests The City Commission Approve The Proposed Development Agreement Modification To Allow The City Manager To Approve Or Deny Building-Mounted Identification Signage, Particularly That In Excess Of 14 Feet In Height, For The Villagio Shopping Center. Mr. Baker spoke on this Agenda Item and said, "We can take signs on the appropriate parts of the building fa9ade to the City Manager and get his approval and not have to bring each individual sign for each tenant to you as the Commission." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2008 PAGE 17 OF 31 Manager McLemore remarked, "I certainly don't have any problem with that as long as we have a clear criteria upon which 1 am going to make those decisions." Mr. Baker explained, "If the sign - meets the two foot (2') and the appropriate width, seventy percent (70%) of the store frontage, then we would take it to the City Manager as we do with other signs in other parts of the City and if he feels that it fits and is appropriate then we can sign off in Planning and go to the Building Department. They can look at the wind loading and the electrical stuff and then issue the Permit." Discussion. "I MOVE THAT WE APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MR. STEVENSON CLARIFIED, "THE SIGN DOES MEET FOURTEEN FEET (14'). I BELIEVE THE REQUIREMENT WAS FOR TWELVE FEET (12') OUT THERE, AND THIS WAS THE SITUATION WHERE THEY DID NOT GET THE CONDITIONS PRINTED OUT. THEY BUILT IT ACCORDING TO PLAN." VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Note: This Agenda Item is also discussed on page 20. REGULAR 604. Office Of The City Clerk Respectfully Requests That Commissioner Joanne M. Krebs Make An Appointment To The Board Of Trustees To Fill The Seat Previously Held By Guy DeMaio. "I MAKE A MOTION TO APPOINT DAMON [BASCO]" TO THE BOARD OF TRUSTEES. MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2008 PAGE 18 OF 31 Mayor Bush then introduced Mr. Andrew Jones, a Deputy Prosecutor who lives in Oviedo and is thinking about running for the Legislature. .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED. .:..:. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500.1 Community Development Department - Planning Division Requests That The City Commission Approve The Proposed Amendment To The 2007 InterLocal Agreement For Public School Facility Planning And School Concurrency (ILA) Which Establishes The Mandatory Date Of January 1,2008, As The Effective Date For Implementation Of School Concurrency As Established By The State Land Planning Agency For The Seminole County School District In Accordance With Section 163.3177(12)(i), Florida Statutes. Ms. Sahlstrom spoke on this Agenda Item and mentioned, "On page 9 of 41, there is a description of a Committee called the 'Public Schools Facilities Planning Committee'. The reason I wanted to bring that to your attention is that we will be asking you to appoint one (1) Elected Official to participate in this Committee and it is described in the Interloca1 Agreement. The duties of that Committee are to meet at least semi-annually and also at the annual joint School Board Workshop and one of the meetings would be scheduled in March." Mayor Bush stated, "Maybe we can do that after we finish this item." Next, Mayor Bush mentioned that the word "January" was spelled incorrectly. Mayor Bush closed the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2008 PAGE 19 OF 31 VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 500.2 Community Development Department - Planning Division Requests That The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2007-22, A Large Scale Comprehensive Plan Text Amendment, Establishing A Public School Facilities Element And Amending The Capital Improvements And The Intergovernmental Coordination Elements Consistent With Chapter 163, Florida Statutes And 9-J5, Florida Administrative Code. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS AGAIN DISCUSSED, IN THE ORDER AS DOCUMENTED (PLEASE ALSO SEE PAGES 16-17). .:..:. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2008 PAGE 20 OF 31 REGULAR AGENDA REGULAR 606. Community Development Department Requests The City Commission Approve The Proposed Development Agreement Modification To Allow The City Manager To Approve Or Deny Building-Mounted Identification Signage, Particularly That In Excess Of 14 Feet In Height, For The Villagio Shopping Center. Manager McLemore said, "I just need to make sure that you understood that that sign was built according to Plan, but that Plan was a flawed document." Commissioner Krebs remarked, "Right." Manager McLemore added, "Did you understand that? Y our Code is twelve feet (12'). That sign is fourteen feet (14')." Furthermore, Manager McLemore added, "I just need to make sure that you understand that sign is a foot and a half higher than it should be." Commissioner Krebs noted, "I personally think I understand." Note: This Agenda Item is also discussed on pages 16-17. .:. .:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED. .:..:. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 501. Office Of The City Attorney Requests The City Commission Approve Resolution 2007-53, Vacating A 73-Square Foot Portion Of Blumberg Boulevard And Conveying Same To Tuskawilla Associates, LLC, The Only Adjoining Private Property Owner. Attorney Garganese read the Resolution by "Title" into the Record. 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. "I MAKE A MOTION THAT WE APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2008 PAGE 21 OF 31 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN : AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. Commissioner Miller left the dais at 7:27 p.m. PUBLIC HEARINGS 503. Office Of The City Manager Requesting City Commission Approve First Reading Of Ordinance 2008-01 Which Provides For The Implementation Of A Fire Assessment Program In The City Of Winter Springs. Mayor Bush asked, "Can we have a Motion to read by 'Title' only." "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE (VOICE VOTE AUDIBLE FROM THE ROOM BEHIND THE DAIS) MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Mr. Smith spoke on this Agenda Item and stated, "It does not address rates at this point. That would come at the second Reading of this Ordinance with a corresponding Initial Rate Resolution." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2008 PAGE 22 OF 31 "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN : AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: NAY DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE (VOICE VOTE AUDIBLE FROM THE ROOM BEHIND THE DAIS) MOTION CARRIED. PUBLIC HEARINGS 505. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2007-24, A Small Scale FLUM Amendment Changing The Future Land Use Map Designation Of 7.54 Acres, Located On The South Side Of Winter Springs Boulevard, Immediately West Of Howell Creek And The Chelsea Pare At Tuscawilla Subdivision From (Winter Springs) "Recreation And Open Space" And "Conservation Overlay" (On Those Affected Areas) To (Winter Springs) "Medium Density Residential" (3.6 DU (Dwelling Unit) To 9.0 DU/Acre) And "Conservation Overlay" (On Those Affected Areas.). . Commissioner Miller returned to the dais at 7:31 p.m. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2008 PAGE 23 OF 31 DEPUTY MAYOR GILMORE SAID, "I AM CONCERNED THAT WHEN I READ THIS, IT LOOKS LIKE WE TOOK RECREATIONAL SPACE AND CONVERTED IT TO HOUSING." DEPUTY MAYOR GILMORE ADDED, "I PERSONALLY WOULD LIKE TO SEE US HAVE AT LEAST AN EXPLANATION OF WHAT OCCURRED, AND IT IS NOT IN HERE." ATTORNEY GARGANESE EXPLAINED, "IT IS IN THE - MODIFICATION TO SETTLEMENT AGREEMENT THAT WAS ADOPTED A COUPLE OF MONTHS AGO." ATTORNEY GARGANESE THEN INQUIRED, "WOULD YOU LIKE ME TO INCORPORATE SOME OF THOSE RECITALS INTO THE 'WHEREAS' CLAUSES?" DEPUTY MAYOR GILMORE REMARKED, "I WOULD LIKE TO SEE THAT INCORPORATED." COMMISSIONER KREBS SUGGESTED, "I THINK IT IS TIME FOR THE ASTERISK." "INCLUDE SOME SORT OF EXPLANATION REGARDING - AN ASTERISK - REGARDING HOW AND WHY OR WHATEVER IT IS YOU NEED TO PUT IN EXPLAINING THAT PART OF THE CONCERN." AMENDMENT TO THE MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. ATTORNEY GARGANESE NOTED, "YOU WANT TO ADD SOME 'WHEREAS' RECITALS TO REFLECT THE SETTLEMENT AGREEMENT AND THE REASONS BEHIND THAT AND THE EXCHANGE." MAYOR BUSH INQUIRED, "THIS WON'T CAUSE US TO HAVE ANOTHER SECOND READING OF THIS?" ATTORNEY GARGANESE STATED, "NO." VOTE: (ON THE AMENDMENT) DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2008 PAGE240F31 PUBLIC HEARINGS 504. Public Works Department - Stormwater Division Requests The City Commission Approve On Second Reading And Adopt Ordinance 2007-32 Which Amends Chapter 8 - Flood Damage Prevention. Attorney Garganese read Ordinance 2007-32 by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. VOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED. .:..:. REGULAR AGENDA REGULAR 600. Office Of The City Attorney Requests That The City Commission Adopt Resolution 2008-01, Authorizing The City Manager And Police Department To Conduct A Nine Month Study On The Effects Of On-Street Parking On City Roads Within Certain Study Areas Within The City. Attorney Garganese introduced this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2008 PAGE250F31 Discussion. Commissioner Krebs asked when the Study would commence. Captain Glenn Tolleson, Police Department stated, "Within two (2) weeks - the copy of the Ordinance is going to go, a map of the affected areas is going to go and then a letter with what it is going to entail, with some suggestions." Further discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. REGULAR 601. Office Of The City Manager And Office Of The City Attorney Requesting The City Commission To Consider The Legal Opinion Of The City Attorney Regarding Conservation Easements And To Provide Whatever Direction The Commission Deems Appropriate. Attorney Garganese introduced this Agenda Item. Discussion. "I WOULD LIKE TO MAKE A MOTION TO HAVE THE CITY MANAGER BRING BACK A WAY FOR WHAT WE NEED TO DO, TO MAKE THIS HAPPEN AND A LIST OF AGENCIES THAT WOULD QUALIFY FOR CONSIDERATION IN THIS EASEMENT PROCESS." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. COMMISSIONER MILLER ASKED, "AND THAT WOULD BE IN A PRIORITIZED DESCENDING ORDER..." COMMISSIONER KREBS SAID, "...YES IT WOULD." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2008 PAGE260F31 ATTORNEY GARGANESE MENTIONED, "IF YOU WANT US TO GO BACK AND GET A LIST OR COME UP WITH SOME - STRATEGIES AND PRESENT THOSE TO YOU AT THE NEXT MEETING; I THINK THAT IS GOOD DIRECTION." Tape 2/Side B COMMISSIONER McGINNIS STATED, "I AM NOT ASKING YOU TO PRIORITIZE IT, JUST BRING THE INFORMATION BACK TO US." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. REGULAR 602. Office Of The City Attorney Presents Information Regarding Existing Enclaves Located Within The City And The Legal Options For Annexing Said Enclaves Under Florida Law. The City Attorney Also Requests That The City Commission Provide Formal Direction Regarding The Available Options. Attorney Garganese presented opening comments on this Agenda Item. Discussion. Attorney Garganese noted, "There are some other complicated legal nuances that would have to be worked out in these types of agreements. There are some planning issues too that have to be worked out. The bottom line is, yes, in my view there are opportunities to expedite the annexation of these enclaves, however it requires an agreement with Seminole County. There is a 1987 Agreement that is currently on the books so you would have to request that Seminole County sit down and negotiate changes to that 1987 Agreement in my view. And if that is what the Commission wants to do - my recommendation in the Agenda Item is to, as a matter of courtesy is to approach Seminole County and broach this issue with them to see if there is a willingness to sit down and negotiate this type of Agreement. If they were not, I mentioned in the - Agenda Item under the Interlocal Boundary Service Agreement Act, you could compel Seminole County to sit down and negotiate in good faith. CITY OF WINTER SPRINGS: FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2008 PAGE270F31 Under the Act, you would just adopt an initiating Resolution, and you would identify what the issues are that you want to address. You would provide the appropriate maps. You would forward that off to Seminole County. They would be required to adopt a responding Resolution and then negotiations would start, and those negotiations would have to be conducted in good faith for a period of at least six (6) months. But under the Act, Seminole County is not required to agree to anything. They're just simply required to negotiate." Further comments. "ALL OF THESE REALLY ARE ENCLAVES IN THE TRUE SENSE OF THE WORD WHICH WE SURROUND THEM ON FOUR (4) SIDES - THAT WOULD BE MY MOTION." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH SAID, "MOTION THAT WE MOVE FORWARD WITH THE RECOMMENDATION THAT ANTHONY [GARGANESE] HAS GIVEN." MAYOR BUSH ADDED, "GO AFTER ALL OF THEM?" COMMISSIONER MILLER SAID, "YES." MAYOR BUSH SAID, "EVERYBODY UNDERSTAND THAT? RIGHT?" COMMISSIONER MILLER SAID, "YES." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. REGULAR 603. Office Of The City Manager Requests The City Commission Adopt Resolution 2008-04 Establishing Oversized Vehicle Restrictions On Blumberg Boulevard. "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN : AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 14,2008 PAGE280F31 REGULAR 605. Public Works Department Providing The City Commission With Information On The Vacated Public Works Compound Property. Mr. Kip Lockcuff, P.E., Director, Public WorkslUtility Department spoke on this Agenda Item. Members of the City Commission and Staff suggested that there should be more park area on the west side of the City; that the Fire Department might need the land later; their concerns with Fire vehicle access and response times; closing streets and related possible issues; parking concerns; that this should become a park; building a new community center on this property; and buying the residence which is currently there. Manager McLemore said, "I think we need to come up with probably three (3) to four (4) development alternatives for you to look at and how we would create a park system there that's compatible with what its' uses around it, provide for the appropriate support facilities, parking, and all of that - and 1 think we have a clear direction of where you want to go." Further discussion followed on a pocket park. "SO MOVED - FOR THE CITY MANAGER TO COME BACK WITH OPTIONS." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 607. Chairman Of The Code Enforcement Board Requesting To Review With The City Commission The Winter Springs Code Enforcement Board Policy Manual Which Was Recently Approved By The Code Enforcement Board. Manager McLemore gave an overview on the issues related to this Agenda Item. Mr. Mathew Matisak, 794 Seneca Meadows Road, Winter Springs, Florida: as the Chairman of the Code Enforcement Board, Mr. Matisak addressed the City Commission on the efforts of the Code Enforcement Board. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2008 PAGE 29 OF 31 Discussion. Tape 3/Side A Further discussion. Discussion followed on whether there should be a Special Magistrate instead of the Code Enforcement Board. Attorney Garganese remarked, "When these Rules and Procedures filtered their way up to the point where it was placed on the Commission Agenda, I had an opportunity to review them. There are some changes that I would recommend. I shared those changes with Matt (Matisak). He has a copy of my letter and I will give you a copy after the Meeting. " Further discussion. Attorney Garganese recommended, "I have always said they [Code Enforcement Board] need to have legal counsel, one way or another." With further comments, Attorney Garganese recommended, "I think the Code [Enforcement] Board needs legal counsel." Discussion continued. Commissioner Brown said to Chairman Matisak, "As a Volunteer, I know how seriously you take this and I think the amount of initiative that you and the Board showed in taking this undertaking and getting it to the point it is today, really needs to be commended." Commissioner Krebs added, "Absolutely." With further discussion, Commissioner Miller said he would like more information on how many cities had legal counsel and how many Appeals there have been. Commissioner McGinnis suggested, "When you look at this document tomorrow Matt (Matisak), I believe you use interchangeably, 'Clerk of the Board' and 'City Clerk'. I think you mean one and the same." Chairman Matisak explained, "There are some typos in there and at the last Meeting, I addressed that to ensure that the Clerk can make those changes and we Voted on that to ensure that she can freely make those changes - as long as there isn't an intent changing the document, so she can do that." Discussion continued. Mayor Bush noted, "You heard both the Attorney and Matt (Matisak) agree that this can be corrected. Does the Commission have any issue with that at all?" Commissioner McGinnis stated, "No." Commissioner Krebs stated, "No. He is going to take care of that tomorrow." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14, 2008 PAGE 30 OF 31 Manager McLemore commented, "The appropriate role is not Matt (Matisak) sitting here to inform you what they've done. The appropriate role is to provide you with these things so they can be analyzed because you're the one that is going to pay if there is a mistake. That is something that we have to have a fundamental understanding about - they represent you." Furthermore, "That's the reason these things have to be reviewed and analyzed before they adopt them; not just come in here and tell you this is what we're doing." Discussion. On how to proceed, Manager McLemore suggested, "You give the Attorney the authority to work with them and work these things out." "I MAKE THAT MOTION - THAT WE ARE ENPOWERING THE CITY ATTORNEY TO..." MANAGER McLEMORE ADDED, "...AND IF THEY GET INTO A DISPUTE, THEY CAN'T AGREE - IT COMES BACK TO YOU." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. ATTORNEY GARGANESE REMARKED, "IF THERE IS SOMETHING THAT THEY'RE DOING THAT IS INCONSISTENT WITH THE POLICIES ADOPTED BY THE COMMISSION, OR FLORIDA LAW, I WILL BRING IT BACK TO YOU. THE ISSUES THAT I HAVE FOUND THAT NEED TO BE ADDRESSED ARE IN THAT LETTER." VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. "I MOVE THAT WE MANDATE LEGAL COUNSEL BE PRESENT AT ALL CODE ENFORCEMENT [BOARD] MEETINGS." MOTION BY COMMISSIONER McGINNIS. ATTORNEY GARGANESE ASKED, "DO YOU WANT THAT TO BE THE CITY ATTORNEY OR DO YOU WANT TO GET ANOTHER..." COMMISSIONER McGINNIS NOTED, "...1 AM COMFORTABLE THAT - YES, THAT IT WOULD BE THE CITY ATTORNEY." ATTORNEY GARGANESE ADDED, "I COULDN'T PRESENT CASES AND REPRESENT THE BOARD. IT'S ONE OR THE OTHER." SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2008 PAGE 31 OF31 COMMISSIONER MILLER STATED, "I WOULD LIKE TO SEE THE MOTION HELD IN ABEYANCE OR THE DECISION TO IMPLEMENT IT, HELD IN ABEYANCE UNTIL WE GET SOME FEEDBACK. I WOULD LIKE TO SEE IT TABLED." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. COMMISSIONER MILLER CONTINUED, "UNTIL WE GET SOME INFORMATION." VOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: NAY DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. Further discussion followed on a Hearing Officer. Mayor Bush suggested Attorney Garganese look into the need for this. In other City business, Mayor Bush spoke further on the "Data that the Commission wants to see coming back on this before the - Second Reading of this Ordinance" on the proposed Fire Assessment Fees. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 9: 17 p.m. RESPECTFULLY SUBMITTED: A LORENZO-LUACES, CMC CITY CLERK APPROV~D: R JOHN F. BUSH NOTE: These Minutes were approved at the January 28, 2008 Regular City Commission Meeting.