Loading...
HomeMy WebLinkAbout2008 04 14 Consent 207 Approval of the City Commission Regular Meeting Minutes of March 24, 2008 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING MARCH 24, 2008 CALL TO ORDER The Regular Meeting of Monday, March 24, 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, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. Commissioner Brown spoke for the Record on the Mayor's message in the latest issue of the "Insider". INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Brief discussion. Mayor Bush stated, "Can we have a Motion then on Informational [Agenda]." "SO MOVED." MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER BROWN. DISCUSSION. ~ I r--' :.- w-- ~ n~ p.... ("" I ~a ~ : J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2008 PAGE 2 OF 20 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Public Works Department Requesting City Commission Approval Of A Work Plan To Evaluate A Potential Traffic Problem On Silver Creek Drive. Discussion followed with Mr. Brian Fields, P.E., City Engineer, Public Works Department. Commissioner Robert S. Miller spoke for the Record about a Petition and noted that he had not yet made a decision on this issue. Further discussion. CONSENT 201. Office Of The Mayor Requesting Approval Of Resolution Number 2008-20 Expressing Appreciation To Tom Brown For His Service On The Planning And Zoning Board/Local Planning Agency. No discussion. CONSENT 202. Office Of The City Clerk Requesting Approval Of The March 10, 2008 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. r ~ J:"r' :---- ~ ft"'?-. ""'" . ~r: ~ to:: -=. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2008 PAGE 3 OF 20 CONSENT 203. Office Of The City Clerk Requesting Approval Of The March 14,2008 City Commission Site Visit Minutes. This Agenda Item was not discussed. CONSENT 204. Public Works Department - Stormwater Division Requesting Authorization To Enter A Contract With Sunshine Building And Development Corporation For The Moss Road And Flamingo Avenue Drainage Improvements Project. No discussion. CONSENT 205. Office Of The City Manager Requesting That The City Commission Consider Endorsing City Of Lake Mary Deputy Mayor, The Honorable Gary Brender, To The Seminole County Expressway Authority (SCEA), In Coordination With The Council Of Local Governments In Seminole County's (CALNO). There was no discussion on this Agenda Item. "MOVE FOR APPROVAL." MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 300. Office Of The Mayor Presentation Of Resolution Number 2008-14 Expressing Appreciation To Alisa (Kaufman) Kamon For Her Service As A Member Of The City Of Winter Springs Code Enforcement Board. Mayor Bush said to City Clerk Andrea Lorenzo-Luaces, "Make sure this gets to her." .-:- ~ ('"-;~ :..-- .-- J ~ P-- P 01 ~ ~ ~l CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2008 PAGE 4 OF 20 REPORTS REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese commented on the Tolia Case. REPORTS 401. Office Of The City Manager - Ronald W. McLemore No Report. REPORTS 402. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC No Report. REPORTS 403. Commission Seat Two - Rick Brown "I WOULD LIKE TO MAKE A MOTION THAT WE ABOLISH THE 'INSIDER' AND THUS SAVE THE CITIZENS THE MONEY." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: NAY DEPUTY MAYOR GILMORE: NAY MOTION DID NOT CARRY. "I WOULD LIKE TO MAKE A MOTION TO ALLOW THE - COMMISSIONERS, SHOULD THEY SO DESIRE, TO READ THE DRAFT OF THIS 'INSIDER' AND MAKE ROOM FOR COMMENTS AT THAT TIME AS TO WHETHER THERE IS AN ISSUE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. C I r--' ~ - ~ ~ ~ r"-4 P .. ~ ~ D....-.--~, ~~:"~.,..<. ,~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2008 PAGE 5 OF 20 COMMISSIONER MILLER SUGGESTED, "THIS REVIEW THAT WE DO - THAT WE ARE GIVEN SO MANY - YOU SEND IT TO US BY EMAIL, IF WE DON'T MAKE A COMMENT WITHIN THAT TIME, IT IS JUST CONSIDERED TO HAVE BEEN APPROVED." "I WOULD LIKE TO AMEND THE MOTION TO ALSO HAVE A COST ON THIS PUBLISHED ON A QUARTERLY BASIS SO THAT THE CITIZENS KNOW WHAT THIS PUBLICATION IS COSTING." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MANAGER McLEMORE ASKED, "ARE WE TALKING ABOUT THE ENTIRE ITEM OR JUST WHENEVER THERE ARE ANY MAYORAL TYPE COMMENT COLUMNS." COMMISSIONER BROWN SAID, "THE WHOLE THING." COMMISSIONER KREBS ADDED, "THE WHOLE THING." COMMISSIONER KREBS SAID, "SIMILAR TO WHAT COMMISSIONER MILLER SAID, "JUST HAVE IT EMAILED TO US A CERTAIN NUMBER OF DAYS THAT THE COMMISSION AGREES TO AND WHOEVER RESPONDS, RESPONDS. IF THEY DON'T, THEY DON'T." MAYOR BUSH REMARKED, "COMMISSIONERS, I HAVE GOT NO OBJECTION TO YOU LOOKING OVER ANYTHING I WRITE, SO, THAT IS NOT A PROBLEM FOR ME." WITH FURTHER COMMENTS, MAYOR BUSH SAID TO MANAGER McLEMORE, "COULD THESE BE SCHEDULED SO THAT THE DRAFT WENT OUT PRIOR TO A COMMISSION MEETING?" COMMISSIONER KREBS NOTED, "THAT IS A GOOD IDEA." MAYOR BUSH THEN SUGGESTED, "IF THERE IS AN EMERGENCY - THAT COULD BE HANDLED SEPARATELY." MAYOR BUSH ADDED, "I THINK THE BEST THING TO DO, IF THE MOTION PASSES - THAT THE DRAFT BE AVAILABLE AT A REGULAR SCHEDULED COMMISSION MEETING AND THAT COULD BE ARRANGED SO IT STILL GOES OUT APPROPRIATELY- ON WHATEVER TIME FRAME, AND THAT IT GIVES THE COMMISSIONERS TIME TO LOOK IT OVER IF THEY CHOOSE TO AND DISCUSS IT AT THE MEETING." MAYOR BUSH THEN SUGGESTED, "IF THE MOTION PASSES, YOU COULD COME UP WITH A PLAN THAT YOU COULD BRING BACK TO THE COMMISSION?" MANAGER McLEMORE STATED, "OKAY." C 1 r--, :=- .. ~ ~ r-'--I 0'.4 ~ "...~ ~-14 --..... .~>:~...,~.-.,.. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2008 PAGE 6 OF 20 COMMISSIONER KREBS ADDED, "LET'S TRY IT AND SEE. IF IT GETS TO BE A PROBLEM, WE CAN BRING IT BACK UP." MANAGER McLEMORE NOTED, "IT IS THE COMING TO A MEETING, I HAVE A PROBLEM - NOT EMAILING IT OUT TO YOU SO YOU CAN READ IT - IT'S JUST WAITING TWO (2) WEEKS FOR A MEETING." COMMISSIONER KREBS SAID, "I DIDN'T SAY ANYTHING ABOUT A MEETING." COMMISSIONER KREBS FURTHER REITERATED HER MOTION SAYING, "JUST EMAIL US A COpy OF THE DRAFT, TWO (2) DAYS TO RESPOND, WHATEVER IT IS, A DAY IF IT IS AN EMERGENCY, WHATEVER - AND IF YOU DON'T HEAR BACK, IT IS A GO. IF YOU DO, THEN SOMEBODY HAS A PROBLEM, WHICH I DON'T THINK PROBABLY IS GOING TO HAPPEN. THAT IS MY MOTION." "I AMEND MY MOTION TO ALSO INCLUDE TIME FRAME - TWENTY- FOUR (24) HOURS." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: (ON THE AMENDMENT) DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. Commissioner Rick Brown asked Manager McLemore to have someone attend all Oviedo- Winter Springs Chamber of Commerce Board meetings. Manager McLemore responded, "No problem." r "l r--;, ~ - -= ~ 0'~ """'-4 ,..... .'4 ~ ~ ;;"_J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2008 PAGE 7 OF 20 REPORTS 404. Commission Seat Three/Deputy Mayor - Donald A. Gilmore Deputy Mayor Donald A. Gilmore commented on a LEED (Leadership in Energy and Environmental Design) presentation with Burke Hogue Mills + Associates. REPORTS 405. Commission Seat Four - Sally McGinnis Commissioner Sally McGinnis asked for a breakdown on the costs for the Easter Egg Hunt. REPORTS 406. Commission Seat Five - Joanne M. Krebs Commissioner Joanne M. Krebs asked about the compiling of voter information for a recent article. REPORTS 407. Office Of The Mayor - John F. Bush No Report. REPORTS 408. Commission Seat One - Robert S. Miller FOR THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY, COMMISSIONER MILLER STATED, "I WOULD LIKE TO NOMINATE EDWARD MARTINEZ." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN : AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. r 1 r--' ;: ~ ...- ---- ~ ~ 0-4 ~ ~ ~.:;ii CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2008 PAGE 8 OF 20 PUBLIC INPUT Mr. Phil Mings, 1102 Gator Lane, Winter Springs, Florida: commented on a gazebo and metal benches on State Road 434 at Moss Road and suggested funds for such items be used instead for Fire and Police services. Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: commented on the Mayor's message in the latest issue of the "Insider" and spoke on the City's Pension Plan. Commissioner Miller spoke for the Record on Fire and Police Unions and legislative actions. City Manager Ronald W. McLemore spoke for the Record on the City's Pension Plan. Mr. Steve Molnar: commented on the City's Pension Plan. Tape I/Side 8 Mayor Bush called a Recess at 6:01 p.m. The Regular Meeting reconvened at 6: 18 p. m. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Attorney Requests That The City Commission Consider Adopting Ordinance 2008-07 Adopting The 2006 International Property Maintenance Code As Amended. Mayor Bush asked, "Can we have a Motion to read by 'Title' only?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. ..- ... r-.ro;' ~ ~ .- .. O~-: r"-. r II ~~ ~ :,....-; ~ D CITY OF WfNTER SPRfNGS, FLORIDA MfNUTES CITY COMMISSION REGULAR MEETfNG - MARCH 24, 2008 PAGE 9 OF 20 City Attorney Anthony A. Garganese read the Ordinance by "Title" only and noted, "This Code would make it a legal requirement that you maintain structures and property in safe condition, so it doesn't present a nuisance to the neighborhood." 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. Deputy Mayor Gilmore said to Attorney Garganese, "I am glad to see you have changed some of the Codes, from International to the local Florida Codes." Deputy Mayor Gilmore added, "So, I think we need to make certain we are okay on all ofthose." Continuing, Deputy Mayor Gilmore referenced page 9 - "302.4 Weeds.", and noted, "All I say is just take a look and make sure we are okay on it." Attorney Garganese responded, "I can get with Staff or - maybe Mike Mingea or Steve (Richart) and maybe clarify that if you think it needs clarification. I think we need to definitely put in a height. " Deputy Mayor Gilmore added, "As long as we are okay on the various Codes." Furthermore, Deputy Mayor Gilmore said, "I am bothered because it doesn't refer to the National Electric Code." With further discussion, Attorney Garganese explained, "You are adopting the Maintenance Code in its entirety except as amended under the Ordinance. Attorney Garganese continued, "We're not including that - that includes all of the International Codes that Commissioner Gilmore had mentioned - the International Zoning Code and all that; that's not being adopted by this Ordinance, just the Maintenance provisions." Attorney Garganese then said, "It is going to be cross-referenced; it is going to be adopted by reference and then this will be a separate Code, just like the Florida Building Code. It will not be Codified." Attorney Garganese further explained, "We are going to have multiple copies that will be available at City Hall for one. If somebody made a Public Records request, I think it is going to be a little bit different story." Commissioner Krebs mentioned, "I know what it says about 'Weeds.' - are going to be considered all grasses, but what I think the purpose of that statement is just to put in the height of any weed or grass - can't be over a certain height. The one that I find interesting is 'Rodent harborage'. Those things live in palm trees, so I mean that would be a little difficult if you didn't know they were up there." .. "1 r--;, := - .. :lit r-~ I'" 8 f'"""-.. ~C ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2008 PAGE 10 OF 20 Commissioner McGinnis asked Attorney Garganese, "If we change it, if we take things out and change it around, could we then give it out, because it now is not the same document?" Attorney Garganese explained, "I can't copy this book in its entirety because of copyright laws." Attorney Garganese then noted, "This is going to be available for anybody to see. I believe parts of it can be copied for specific purposes, but to copy the entire book, I couldn't do that." Continuing, Attorney Garganese remarked, "I am sure I can get quite a few - more copies for City Staff as well." Commissioner Miller suggested, "I would like the City Attorney and City Staff to go over this document, line item by line item. I have no problem with the changes that the Attorney has recommended but there are other areas in here that would be of concern to me, only from a standpoint of confusion among the public because we have Florida Building Codes, there are City Codes, and then we have this one - one of the items here, like under 'LIGHT', it says exception, under 402.1." Attorney Garganese mentioned, "We can get limited rights." Commissioner Miller said, "I want to make sure that we don't have somebody come before us where they have done one thing, and now they are being told there is a conflict here." Commissioner Miller then noted, "As long as City Staff can identify conflict areas in here before it becomes a final Ordinance so that we can make sure that whatever it is that we are referring to in here is stuff that we can abide by, in terms of City and State Codes." Commissioner Krebs referenced Chapters 4, 5, and 6 and commented on yards. Discussion followed with Captain Glenn Tolleson, Police Department on inspections he does with many properties. Discussion. Next, Commissioner Krebs remarked, "I have been getting phone calls that there are Code violations out there, existing right now and we need to take care of those violations - I hope that this will help Captain Tolleson as well as getting the information out to everybody, exactly what they can do and what they can't do." "MOVE IT TO A SECOND READING, [ORDINANCE] 2008-07 WITH THE INCLUSION OF THE COMMENTS OF THIS COMMISSION WITH REGARD TO THE CHANGES THAT WE HAVE SUGGESTED AND TAKEN INTO CONSIDERATION." MOTION BY COMMISSIONER MILLER. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER BROWN." DISCUSSION. ATTORNEY GARGANESE EXPLAINED FOR THE RECORD THAT, "WE DID PUT IN HERE THAT THE CODE ENFORCEMENT BOARD WILL SERVE AS THE BOARD OF APPEALS." I 1 r--;, := ~ tL ""]I ~ ,.... I Q.-.. --=-~ ~ ~,~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2008 PAGE 11 OF 20 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office Of The City Attorney Requests That The City Commission Consider First Reading Of Ordinance 2008-08 Which Authorizes The Lease Or Sale Of 154 Lori Anne Lane. Mayor Bush asked, "Motion to read by 'Title' only?" "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Tape 2/Side A Discussion. 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. Manager McLemore mentioned leasing the property and said, "If you are okay with that, is to go ahead and lease it for a year or two (2) until the market gets better out there for selling." No objections were noted. ~ r--, ~ ... =e 0--; P. ~... ----a :---; ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2008 PAGE 12 OF 20 "MOVE IT TO A SECOND READING, APPROVE THE SECOND READING." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER BROWN." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department - Planning Division Requests The City Commission Remove From The Table And Hold A Public Hearing For The Aesthetic Review For The Hayes Road Plaza, Located On The Southwest Corner Of SR (State Road) 434 And Hayes Road. Mayor Bush asked, "Motion to remove from the Table." "SO MOVED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: COMMISSIONER BROWN : AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. Mr. John Baker, AICP, Senior Planner, Community Development Department addressed the City Commission. Mr. Kamil Gowni, 1348 Valley Pines Circle, Apopka, Florida: spoke on this project. Commissioner McGinnis asked, "How long do you think it will take, approximately?" Mr. Mark Massey, 503 Yorkshire Drive, Oviedo, Florida: stated, "Hopefully, no longer than ten (10) months." ,- "1 r.......' ~ - .: ~ ~:~ ~ ~ ~ ~ ~.:~;:;~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2008 PAGE 13 OF 20 Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Bill St. Armour, 645 Marlin Road, Winter Springs, Florida: asked about the u-turn movement for eastbound State Road 434 at Hayes Road. Mayor Bush asked Mr. Fields, "In light of the fact that A Budget Tree (Service, Inc.) has that land for sale, is there any opportunity for the City to acquire some of that property that is now A Budget Tree's (Service, Inc.) to make that u-turn more u-turn friendly?" With discussion, Mayor Bush added, "I would like to recommend that the Commission maybe ask Brian (Fields) to look at this and see - if there is a solution? Commissioners, you all agree - to let Brian (Fields) do some research on it?" Commissioner Miller stated, "Sure." No objections were noted. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I WILL MAKE A MOTION THAT WE APPROVE THE AESTHETIC REVIEW." MOTION BY COMMISSIONER MILLER. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. .:..:. REGULAR AGENDA REGULAR 600. Office Of The Mayor Asking The City Commission To Review And Consider Approving The Attached Resolution 2008-21 Related To Supporting The Florida Commuter Rail Project In Seminole County. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. r "1 r.....-;-, ~- K.: -=- ~ r-" 9 n II ""'"'~ ~ ~=~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2008 PAGE 14 OF 20 VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 601. Public Works Department Requesting The City Commission's Authorization To Enter Into An Agreement With J. Raymond Construction To Remove A Portion Of An Existing Block Wall From The Public Sidewalk Along SR (State Road) 434 At Jesup's Reserve. Mr. Fields spoke on this Agenda Item. Commissioner Miller asked if trees or vegetation would be planted? Mr. Fields responded by saying, "Yes. Just like in front of Jesup's Reserve, the same approach with the double tree line." "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. REGULAR 602. Office Of The City Manager Requests The City Commission To Establish A Workshop To Discuss Issues Regarding The Proposed Bart Phillips Project In The Winter Springs Industrial Park. "I WOULD LIKE TO MAKE A MOTION THAT WE CHANGE THIS FROM A WORKSHOP TO A SPECIAL MEETING, SO THAT WE CAN MAKE SOME BINDING DECISIONS ON THAT NIGHT." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. ~ 1 r--;, ~ - c--~ ~~ p~ alii ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2008 PAGE 15 OF 20 VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: NAY MOTION CARRIED. Discussion followed on a gossible date for this Special Meeting. Mayor Bush inquired, "Can we do it on April 4 , [2008], that is a Friday?" Commissioner McGinnis stated, "Okay." Commissioner Krebs remarked, "I can do it on the 4th [of April 2008]." Commissioner Krebs suggested a start time of four o'clock." "I WOULD LIKE TO MAKE A MOTION THAT WE HOLD THE SPECIAL MEETING ON THE 4TH OF APRIL AT 4 P.M. IN THE AFTERNOON." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN : AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 503.1 Office Of The City Manager Requesting The City Commission To Approve Final Reading Of Ordinance 2008-01 Which Provides For The Authority For Implementation Of A Fire Assessment Program In The City Of Winter Springs. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Bill St. Armour, 645 Marlin Road, Winter Springs, Florida: noted he was opposed to the Ordinance. Mr. Richard A. ("Mac '') McLaughlin, 126 Las Almas Lane, Winter Springs, Florida: commented on property and personal protection, taxes, and spending. ~ "1 r--"'::) ~ - .. ~- ~ ~ ~ ~ ~~ il>-~... ~:~, ~._'-''''''~:;. . ".'. ..",...~' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2008 PAGE 16 OF 20 Mr. Ron Pillerra, 882 Benchwood Drive, Winter Springs, Florida: remarked about funding the Fire Department; recent votes, and letting all residents vote on such issues. Mr. Matt Matisak, 794 Seneca Meadows Road, Winter Springs, Florida: spoke on the proposed Fire Assessment and suggested alternatives to fund the Fire Department. Mayor Bush closed the "Public Input" portion of the Agenda Item. Mayor Bush called a Recess at 7:20 p.m. Mayor Bush reconvened the Regular Meeting at 7:32 p.m. Attorney Garganese read the Ordinance by "Title" only. Manager McLemore reviewed a PowerPoint presentation on this Agenda Item. Tape 2/Side B Discussion continued. Ms. Camille Tharpe, Senior Vice President, Government Services Group, Inc., 1500 Mahan Drive, Suite 250, Tallahassee, Florida: while referring to a PowerPoint presentation, Ms. Tharpe addressed the City Commission on the proposed Fire Assessment issue and noted, "The higher the risk, the greater the fire flow you need for that property." Continuing, Ms. Tharpe noted, "We know that if you're a sprinklered building or if you are a building that is designed to be more fire resistant than normal - and there is a certain criteria there, that you could apply for a credit of not less than twenty percent (20%) or greater than forty percent (40%) of the capacity units that we've calculated for your building. It isn't an upfront credit. What will happen is, if you go forward tonight, we will send a - Notice out to every Property Owner; we will send the information on the credit. We will ask them to come in and they will have to prove that they have a functioning, properly designed, fully automated fire suppression system which can be sprinkler, foam or whatever; or they have a building that is otherwise designed to be more fire resistant in the NFP A (National Fire Protection Association) criteria - then they will come in and they will be granted a credit of not less than twenty percent (20%) or greater than forty percent (40%) of the capacity units. This will be an annual calculation and what it does is it really provides for an incentive for your properties to get the sprinkler systems, make sure they're functioning. " Much discussion. 5- .~ r-r;~ =---= --- -=>> ,...,,~ ~-..a n-4 ~ ~ :.:::=>> CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2008 PAGE 170F20 Tape 3/Side A Mayor Bush again opened the "Public Input" portion of the Agenda Item. Mr. Laurent Pellerin, 116 South Moss Road, Winter Springs, Florida: suggested a few changes and recommended raising fees for parks and cancel fireworks. Ms. Ginny Decker, 30 Golf Terrace Drive, Winter Springs, Florida: spoke against tax mcreases. Ms. Gina Burke, 1152 Winged Foot Circle West, Winter Springs, Florida: suggested that there is more advertising and less beautification. Mr. Mark Jones, 926 Chokecherry Court, Winter Springs, Florida: commented on the Mayor's message and recommended cutting the Budget; and noted he was against more taxes. Ms. Kelly Kalahar, 525 Contravest Lane, Winter Springs Florida: appreciated beautification efforts but spoke of tough times; the current housing market; and suggested getting businesses involved more and that the City charge for parking at events. Mr. Steve Molnar: commented on staffing, training and retirement for Firefighters. Mr. Dennis Sandidge, 2525 Dark Oak Court, Oviedo, Florida: representing Seville on the Green, Mr. Sandidge commented on the Mayor's article and recommended alternatives. Mr. Ellsworth Grimsley, 790 Oakland Hills Circle, Lake Mary, Florida: spoke of change and suggested other alternatives be considered. Mr. Al Farjado, 1034 Winding Waters Circle, Winter Springs, Florida: wanted taxes to go down and asked for cuts. Mr. Richard Peek, 752 Forest Street, Winter Springs, Florida: commented on taxes and cuts. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: noted that Firefighters need to be paid more; and commented on "Revenue neutral"; a line by line Budget review; and spoke on the Mayor's article. Ms. Maria Farjado, 1034 Winding Waters Circle, Winter Springs, Florida: commented on apartments paying taxes. ..- 1 [:"-.r;' ;:~ ~ ~ ~<I ~;) ~~ "~-l:i!l\':. ~"." ~~-'-"'''''-'''~''?l . ""-.,,,,;;.-,.' -,.," CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2008 PAGE 18 OF 20 Mr. Stephen Rosenthal, President, Rock Management Company, 20555 Victor Parkway, Livonia, Michigan: as the owner of Legends of Winter Springs, Mr. Rosenthal spoke for the Record on the merits of Fire and Police services; a recent "Insider" article; suggested working together on the Budget and apportioning fees differently. Mr. Benjamin Cola, 315 Montrose Street, Winter Springs, Florida: as the President of the Highlands Village I Homeowner's Association, Mr. Cola commented on Liens against one's property; insurance services; and difficult times. Tape 3/Side B Mr. Gary Scarboro, 21 East Village Drive, Oviedo, Florida: representing the Apartment Association of Greater Orlando, Mr. Scarborough commented on a recent "Insider" article; Fire Services; and renters. Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: remarked about an Impact Study he did; flat fee and tiers; and diplomatic policy. Ms. Frankie Elliott, 17845 Evans Road/ 1330 Lee Road, Orlando, Florida: as the Vice President for Governmental Affairs for the Orlando Regional Realtors Association, Ms. Elliott commented on Legislative mandates; revenue increases; taxes; and suggested budgeting for essential services. Mayor Bush recognized former Mayor Paul P. Partyka. Mr. Paul P. Partyka, 292 Solaris Wharf Street, Winter Springs, Florida: commented on a tough housing market; business owners with fees they did not anticipate; and that the Budget be further reviewed. Ms. Nancy Vail, 1374 Augusta National Boulevard, Winter Springs, Florida: asked about a decision be made tonight. Mayor Bush closed this "Public Input" portion of the Agenda Item. Much discussion. Commissioner Miller suggested residents contact the City Clerk for a copy of a letter he wrote related to suggested Budget options. ~ ~-w-~ ~ - Ill:.. ~ n-~ ~ ,..... .. ~ .. - ~ ~....;:,:>> CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2008 PAGE 19 OF 20 "I WILL MAKE A MOTION THAT WE APPROVE THIS FINAL READING OF ORDINANCE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH ADDED, "MOTION FOR APPROVAL OF AGENDA ITEM '503.1' ." MANAGER McLEMORE NOTED, "I WANT TO POINT OUT THAT ON BOTH OF THESE AGENDA ITEMS, NEITHER ONE OF THESE IMPLEMENTS A FIRE ASSESSMENT FEE. YOUR VOTE IN FAVOR OF THIS, TAKES YOU TO THE NEXT LEVEL WHICH IS A PUBLIC HEARING IN WHICH EVERY HOMEOWNER GETS A NOTICE TO COME FORWARD TO A SCHEDULED MEETING TO TALK ABOUT THIS." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN : NAY DEPUTY MAYOR GILMORE: AYE COMMISSIONER KREBS: NAY MOTION CARRIED. Commissioner McGinnis left the dais at 9:57 p.m. PUBLIC HEARINGS 503.2 Office Of The City Manager Requesting City Commission Approve Resolution 2008-13 Which Provides For Initial Rates For The Fire Assessment Program In The City Of Winter Springs. Manager McLemore explained, "Same comment applies here. The approval of this Resolution does not implement, it simply takes you to the next level where every person in the City gets a notice to come forward to a Public Hearing." Commissioner Miller stated, "Point of Order" and noted the time. "I MAKE A MOTION THAT WE EXTEND THE MEETING BY ONE (1) HOUR." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. r- I r--' :-- ~ p.,...... ~ ~ ~~ ;:,:;~;I': ,;" VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN : NAY Commissioner McGinnis returned to the dais at 9:59 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2008 PAGE 20 OF 20 COMMISSIONER McGINNIS: AYE (VOICE VOTE AUDIBLE FROM THE ROOM BEHIND THE DAIS) MOTION DID NOT CARRY. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 10:00 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: MAYORJOHNF. BUSH NOTE: These Minutes were approved at the , 2008 Regular City Commission Meeting. r T~ t:7'~ :- - r-:=-' ~ ~';il-tl '"-""'" JPG ---c: ~;~:= ...--~. tt".~~l>-'" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING MARCH 24, 2008 CALL TO ORDER The Regular Meeting of Monday, March 24, 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, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. Commissioner Brown spoke for the Record on the Mayor's message in the latest issue of the "Insider". INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Brief discussion. Mayor Bush stated, "Can we have a Motion then on Informational [Agenda]." "SO MOVED." MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 24, 2008 PAGE 2 OF 20 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Public Works Department Requesting City Commission Approval Of A Work Plan To Evaluate A Potential Traffic Problem On Silver Creek Drive. Discussion followed with Mr. Brian Fields, P.E., City Engineer, Public Works Department. Commissioner Robert S. Miller spoke for the Record about a Petition and noted that he had not yet made a decision on this issue. Further discussion. CONSENT 201. Office Of The Mayor Requesting Approval Of Resolution Number 2008-20 Expressing Appreciation To Tom Brown For His Service On The Planning And Zoning Board/Local Planning No discussion. CONSENT 202. Office Of The City Clerk Requesting Approval Of The March 10, 2008 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 24, 2008 PAGE 3 OF 20 CONSENT 203. Office Of The City Clerk Requesting Approval Of The March 14, 2008 City Commission Site Visit Minutes. This Agenda Item was not discussed. CONSENT 204. Public Works Department - Stormwater Division Requesting Authorization To Enter A Contract With Sunshine Building And Development Corporation For The Moss Road And Flamingo Avenue Drainage Improvements Project. No discussion. CONSENT 205. Office Of The City Manager Requesting That The City Commission Consider Endorsing City Of Lake Mary Deputy Mayor, The Honorable Gary Brender, To The Seminole County Expressway Authority (SCEA), In Coordination With The Council Of Local Governments In Seminole County's (CALNO). There was no discussion on this Agenda Item. "MOVE FOR APPROVAL." MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor Presentation Of Resolution Number 2008-14 Expressing Appreciation To Alisa (Kaufman) Kamon For Her Service As A Member Of The City Of Winter Springs Code Enforcement Board. Mayor Bush said to City Clerk Andrea Lorenzo-Luaces, "Make sure this gets to her." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 24, 2008 PAGE 4 OF 20 REPORTS REPORTS 400. Office Of The City Attorney -Anthony A. Garganese, Esquire Attorney Garganese commented on the Tolia Case. REPORTS 401. Office Of The City Manager -Ronald W. McLemore No Report. REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, CMC No Report. REPORTS 403. Commission Seat Two -Rick Brown "I WOULD LIKE TO MAKE A MOTION THAT WE ABOLISH THE `INSIDER' AND THUS SAVE THE CITIZENS THE MONEY." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: NAY DEPUTY MAYOR GILMORE: NAY MOTION DID NOT CARRY. "I WOULD LIKE TO MAKE A MOTION TO ALLOW THE - COMMISSIONERS, SHOULD THEY SO DESIRE, TO READ THE DRAFT OF THIS `INSIDER' AND MAKE ROOM FOR COMMENTS AT THAT TIME AS TO WHETHER THERE IS AN ISSUE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 24, 2008 PAGE 5 OF 20 COMMISSIONER MILLER SUGGESTED, "THIS REVIEW THAT WE DO - THAT WE ARE GIVEN SO MANY -YOU SEND IT TO US BY EMAIL, IF WE DON'T MAKE A COMMENT WITHIN THAT TIME, IT IS JUST CONSIDERED TO HAVE BEEN APPROVED." "I WOULD LIKE TO AMEND THE MOTION TO ALSO HAVE A COST ON THIS PUBLISHED ON A QUARTERLY BASIS SO THAT THE CITIZENS KNOW WHAT THIS PUBLICATION IS COSTING." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MANAGER McLEMORE ASKED, "ARE WE TALKING ABOUT THE ENTIRE ITEM OR JUST WHENEVER THERE ARE ANY MAYORAL TYPE COMMENT COLUMNS." COMMISSIONER BROWN SAID, "THE WHOLE THING." COMMISSIONER KREBS ADDED, "THE WHOLE THING." COMMISSIONER KREBS SAID, "SIMILAR TO WHAT COMMISSIONER MILLER SAID, "JUST HAVE IT EMAILED TO US A CERTAIN NUMBER OF DAYS THAT THE COMMISSION AGREES TO AND WHOEVER RESPONDS, RESPONDS. IF THEY DON'T, THEY DON'T." MAYOR BUSH REMARKED, "COMMISSIONERS, I HAVE GOT NO OBJECTION TO YOU LOOKING OVER ANYTHING I WRITE, SO, THAT IS NOT A PROBLEM FOR ME." WITH FURTHER COMMENTS, MAYOR BUSH SAID TO MANAGER McLEMORE, "COULD THESE BE SCHEDULED SO THAT THE DRAFT WENT OUT PRIOR TO A COMMISSION MEETING?" COMMISSIONER KREBS NOTED, "THAT IS A GOOD IDEA." MAYOR BUSH THEN SUGGESTED, "IF THERE IS AN EMERGENCY -THAT COULD BE HANDLED SEPARATELY." MAYOR BUSH ADDED, "I THINK THE BEST THING TO DO, IF THE MOTION PASSES -THAT THE DRAFT BE AVAILABLE AT A REGULAR SCHEDULED COMMISSION MEETING AND THAT COULD BE ARRANGED SO IT STILL GOES OUT APPROPRIATELY - ON WHATEVER TIME FRAME, AND THAT IT GIVES THE COMMISSIONERS TIME TO LOOK IT OVER IF THEY CHOOSE TO AND DISCUSS IT AT THE MEETING." MAYOR BUSH THEN SUGGESTED, "IF THE MOTION PASSES, YOU COULD COME UP WITH A PLAN THAT YOU COULD BRING BACK TO THE COMMISSION?" MANAGER McLEMORE STATED, "OKAY." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 24, 2008 PAGE 6 OF 20 COMMISSIONER KREBS ADDED, "LET'S TRY IT AND SEE. IF IT GETS TO BE A PROBLEM, WE CAN BRING IT BACK UP." MANAGER McLEMORE NOTED, "IT IS THE COMING TO A MEETING, I HAVE APROBLEM -NOT EMAILING IT OUT TO YOU SO YOU CAN READ IT - IT'S JUST WAITING TWO (2) WEEKS FOR A MEETING." COMMISSIONER KREBS SAID, "I DIDN'T SAY ANYTHING ABOUT A MEETING." COMMISSIONER KREBS FURTHER REITERATED HER MOTION SAYING, "JUST EMAIL US A COPY OF THE DRAFT, TWO (2) DAYS TO RESPOND, WHATEVER IT IS, A DAY IF IT IS AN EMERGENCY, WHATEVER -AND IF YOU DON'T HEAR BACK, IT IS A GO. IF YOU DO, THEN SOMEBODY HAS A PROBLEM, WHICH I DON'T THINK PROBABLY IS GOING TO HAPPEN. THAT IS MY MOTION." "I AMEND MY MOTION TO ALSO INCLUDE TIME FRAME - TWENTY- FOUR (24) HOURS." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: (ON THE AMENDMENT) DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Commissioner Rick Brown asked Manager McLemore to have someone attend all Oviedo-Winter Springs Chamber of Commerce Board meetings. Manager McLemore responded, "No problem." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 24, 2008 PAGE 7 OF 20 REPORTS 404. Commission Seat Three/Deputy Mayor -Donald A. Gilmore Deputy Mayor Donald A. Gilmore commented on a LEED (Leadership in Energy and Environmental Design) presentation with Burke Hogue Mills + Associates. REPORTS 405. Commission Seat Four -Sally McGinnis Commissioner Sally McGinnis asked for a breakdown on the costs for the Easter Egg Hunt. REPORTS 406. Commission Seat Five -Joanne M. Krebs Commissioner Joanne M. Krebs asked about the compiling of voter information for a recent article. REPORTS 407. Office Of The Mavor -John F. Bush No Report. REPORTS 408. Commission Seat One -Robert S. Miller FOR THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY, COMMISSIONER MILLER STATED, "I WOULD LIKE TO NOMINATE EDWARD MARTINEZ." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 24, 2008 PAGE 8 OF 20 PUBLIC INPUT Mr. Phil Mings, 1102 Gator Lane, Winter Springs, Florida: commented on a gazebo and metal benches on State Road 434 at Moss Road and suggested funds for such items be used instead for Fire and Police services. Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: commented on the Mayor's message in the latest issue of the "Insider" and spoke on the City's Pension Plan. Commissioner Miller spoke for the Record on Fire and Police Unions and legislative actions. City Manager Ronald W. McLemore spoke for the Record on the City's Pension Plan. Mr. Steve Molnar: commented on the City's Pension Plan. Tape 1/Side B Mayor Bush called a Recess at 6:01 p. m. The Regular Meeting reconvened at 6:18 p. m. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Attorney Requests That The City Commission Consider Adopting Ordinance 2008-07 Adopting The 2006 International Property Maintenance Code As Amended. Mayor Bush asked, "Can we have a Motion to read by `Title' only?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 24, 2008 PAGE 9 OF 20 City Attorney Anthony A. Garganese read the Ordinance by "Title" only and noted, "This Code would make it a legal requirement that you maintain structures and property in safe condition, so it doesn't present a nuisance to the neighborhood." 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. Deputy Mayor Gilmore said to Attorney Garganese, "I am glad to see you have changed some of the Codes, from International to the local Florida Codes." Deputy Mayor Gilmore added, "So, I think we need to make certain we are okay on all of those." Continuing, Deputy Mayor Gilmore referenced page 9 - "302.4 Weeds.", and noted, "All I say is just take a look and make sure we are okay on it." Attorney Garganese responded, "I can get with Staff or -maybe Mike Mingea or Steve (Richart) and maybe clarify that if you think it needs clarification. I think we need to definitely put in a height." Deputy Mayor Gilmore added, "As long as we are okay on the various Codes." Furthermore, Deputy Mayor Gilmore said, "I am bothered because it doesn't refer to the National Electric Code." With further discussion, Attorney Garganese explained, "You are adopting the Maintenance Code in its entirety except as amended under the Ordinance. Attorney Garganese continued, "We're not including that -that includes all of the International Codes that Commissioner Gilmore had mentioned -the International Zoning Code and all that; that's not being adopted by this Ordinance, just the Maintenance provisions." Attorney Garganese then said, "It is going to be cross-referenced; it is going to be adopted by reference and then this will be a separate Code, just like the Florida Building Code. It will not be Codified." Attorney Garganese further explained, "We are going to have multiple copies that will be available at City Hall for one. If somebody made a Public Records request, I think it is going to be a little bit different story." Commissioner Krebs mentioned, "I know what it says about `Weeds.' -are going to be considered all grasses, but what I think the purpose of that statement is just to put in the height of any weed or grass -can't be over a certain height. The one that I find interesting is `Rodent harborage'. Those things live in palm trees, so I mean that would be a little difficult if you didn't know they were up there." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 24, 2008 PAGE 10 OF 20 Commissioner McGinnis asked Attorney Garganese, "If we change it, if we take things out and change it around, could we then give it out, because it now is not the same document?" Attorney Garganese explained, "I can't copy this book in its entirety because of copyright laws." Attorney Garganese then noted, "This is going to be available for anybody to see. I believe parts of it can be copied for specific purposes, but to copy the entire book, I couldn't do that." Continuing, Attorney Garganese remarked, "I am sure I can get quite afew -more copies for City Staff as well." Commissioner Miller suggested, "I would like the City Attorney and City Staff to go over this document, line item by line item. I have no problem with the changes that the Attorney has recommended but there are other areas in here that would be of concern to me, only from a standpoint of confusion among the public because we have Florida Building Codes, there are City Codes, and then we have this one -one of the items here, like under `LIGHT', it says exception, under 402.1." Attorney Garganese mentioned, "We can get limited rights." Commissioner Miller said, "I want to make sure that we don't have somebody come before us where they have done one thing, and now they are being told there is a conflict here." Commissioner Miller then noted, "As long as City Staff can identify conflict areas in here before it becomes a final Ordinance so that we can make sure that whatever it is that we are referring to in here is stuff that we can abide by, in terms of City and State Codes." Commissioner Krebs referenced Chapters 4, 5, and 6 and commented on yards. Discussion followed with Captain Glenn Tolleson, Police Department on inspections he does with many properties. Discussion. Next, Commissioner Krebs remarked, "I have been getting phone calls that there are Code violations out there, existing right now and we need to take care of those violations - I hope that this will help Captain Tolleson as well as getting the information out to everybody, exactly what they can do and what they can't do." "MOVE IT TO A SECOND READING, [ORDINANCE] 2008-07 WITH THE INCLUSION OF THE COMMENTS OF THIS COMMISSION WITH REGARD TO THE CHANGES THAT WE HAVE SUGGESTED AND TAKEN INTO CONSIDERATION." MOTION BY COMMISSIONER MILLER. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER BROWN." DISCUSSION. ATTORNEY GARGANESE EXPLAINED FOR THE RECORD THAT, "WE DID PUT IN HERE THAT THE CODE ENFORCEMENT BOARD WILL SERVE AS THE BOARD OF APPEALS." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 24, 2008 PAGE 11 OF 20 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office Of The City Attorney Requests That The City Commission Consider First Reading Of Ordinance 2008-08 Which Authorizes The Lease Or Sale Of 154 Lori Anne Lane. Mayor Bush asked, "Motion to read by `Title' only?" "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Tape 2/Side A Discussion. 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. Manager McLemore mentioned leasing the property and said, "If you are okay with that, is to go ahead and lease it for a year or two (2) until the market gets better out there for selling." No objections were noted. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 24, 2008 PAGE 12 OF 20 "MOVE IT TO A SECOND READING, APPROVE THE SECOND READING." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER BROWN." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department -Planning Division Requests The City Commission Remove From The Table And Hold A Public Hearing For The Aesthetic Review For The Hayes Road Plaza, Located On The Southwest Corner Of SR (State Road) 434 And Hayes Road. Mayor Bush asked, "Motion to remove from the Table." "SO MOVED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. Mr. John Baker, AICP, Senior Planner, Community Development Department addressed the City Commission. Mr. Kamil Gowni, 1348 Valley Pines Circle, Apopka, Florida: spoke on this project. Commissioner McGinnis asked, "How long do you think it will take, approximately?" Mr. Mark Massey, 503 Yorkshire Drive, Oviedo, Florida: stated, "Hopefully, no longer than ten (10) months." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 24, 2008 PAGE 13 OF 20 Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Bill St. Armour, 645 Marlin Road, Winter Springs, Florida: asked about the u-turn movement for eastbound State Road 434 at Hayes Road. Mayor Bush asked Mr. Fields, "In light of the fact that A Budget Tree (Service, Inc.) has that land for sale, is there any opportunity for the City to acquire some of that property that is now A Budget Tree's (Service, Inc.) to make that u-turn more u-turn friendly?" With discussion, Mayor Bush added, "I would like to recommend that the Commission maybe ask Brian (Fields) to look at this and see - if there is a solution? Commissioners, you all agree - to let Brian (Fields) do some research on it?" Commissioner Miller stated, "Sure." No objections were noted. Mayor Bush closed the "Public Input "portion of the Agenda Item. "I WILL MAKE A MOTION THAT WE APPROVE THE AESTHETIC REVIEW." MOTION BY COMMISSIONER MILLER. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. • • AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. • • REGULAR AGENDA REGULAR 600. Office Of The Mayor Asking The City Commission To Review And Consider Approving The Attached Resolution 2008-21 Related To Supporting The Florida Commuter Rail Project In Seminole County. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 24, 2008 PAGE 14 OF 20 VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 601. Public Works Department Requesting The City Commission's Authorization To Enter Into An Agreement With J. Raymond Construction To Remove A Portion Of An Existing Block Wall From The Public Sidewalk Along SR (State Road) 434 At Jesup's Reserve. Mr. Fields spoke on this Agenda Item. Commissioner Miller asked if trees or vegetation would be planted? Mr. Fields responded by saying, "Yes. Just like in front of Jesup's Reserve, the same approach with the double tree line." "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. REGULAR 602. Office Of The City Manager Requests The City Commission To Establish A Workshop To Discuss Issues Regarding The Proposed Bart Phillips Project In The Winter Springs Industrial Park. "I WOULD LIKE TO MAKE A MOTION THAT WE CHANGE THIS FROM A WORKSHOP TO A SPECIAL MEETING, SO THAT WE CAN MAKE SOME BINDING DECISIONS ON THAT NIGHT." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 24, 2008 PAGE 15 OF 20 VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: NAY MOTION CARRIED. Discussion followed on a ~ossible date for this Special Meeting. Mayor Bush inquired, "Can we do it on April 4` , [2008], that is a Friday?" Commissioner McGinnis stated, "Okay." Commissioner Krebs remarked, "I can do it on the 4`h [of April 2008]." Commissioner Krebs suggested a start time of four o'clock." "I WOULD LIKE TO MAKE A MOTION THAT WE HOLD THE SPECIAL MEETING ON THE 4TH OF APRIL AT 4 P.M. IN THE AFTERNOON." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 503.1 Office Of The City Manager Requesting The City Commission To Approve Final Reading Of Ordinance 2008-01 Which Provides For The Authority For Implementation Of A Fire Assessment Program In The City Of Winter Springs. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Bill St. Armour, 645 Marlin Road, Winter Springs, Florida: noted he was opposed to the Ordinance. Mr. Richard A. ("Mac ") McLaughlin, 126 Las Almas Lane, Winter Springs, Florida: commented on property and personal protection, taxes, and spending. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 24, 2008 PAGE 16 OF 20 Mr. Ron Pillerra, 882 Benchwood Drive, Winter Springs, Florida: remarked about funding the Fire Department; recent votes, and letting all residents vote on such issues. Mr. Matt Matisak, 794 Seneca Meadows Road, Winter Springs, Florida: spoke on the proposed Fire Assessment and suggested alternatives to fund the Fire Department. Mayor Bush closed the "Public Input" portion of the Agenda Item. Mayor Bush called a Recess at 7: 20 p. m. Mayor Bush reconvened the Regular Meeting at 7:32 p. m. Attorney Garganese read the Ordinance by "Title "only. Manager McLemore reviewed a PowerPoint presentation on this Agenda Item. Tape 2/Side B Discussion continued. Ms. Camille Tharpe, Senior Vice President, Government Services Group, Inc., 1 S00 Mahan Drive, Suite 250, Tallahassee, Florida: while referring to a PowerPoint presentation, Ms. Tharpe addressed the City Commission on the proposed Fire Assessment issue and noted, "The higher the risk, the greater the fire flow you need for that property." Continuing, Ms. Tharpe noted, "We know that if you're a sprinklered building or if you are a building that is designed to be more fire resistant than normal -and there is a certain criteria there, that you could apply for a credit of not less than twenty percent (20%) or greater than forty percent (40%) of the capacity units that we've calculated for your building. It isn't an upfront credit. What will happen is, if you go forward tonight, we will send a -Notice out to every Property Owner; we will send the information on the credit. We will ask them to come in and they will have to prove that they have a functioning, properly designed, fully automated fire suppression system which can be sprinkler, foam or whatever; or they have a building that is otherwise designed to be more fire resistant in the NFPA (National Fire Protection Association) criteria -then they will come in and they will be granted a credit of not less than twenty percent (20%) or greater than forty percent (40%) of the capacity units. This will be an annual calculation and what it does is it really provides for an incentive for your properties to get the sprinkler systems, make sure they're functioning." Much discussion. CITY OF W[NTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 24, 2008 PAGE 17 OF 20 Tape 3/Side A Mayor Bush again opened the "Public Input" portion of the Agenda Item. Mr. Laurent Pellerin, 116 South Moss Road, Winter Springs, Florida: suggested a few changes and recommended raising fees for parks and cancel fireworks. Ms. Ginny Decker, 30 Golf Terrace Drive, Winter Springs, Florida: spoke against tax increases. Ms. Gina Burke, 1152 Winged Foot Circle West, Winter Springs, Florida: suggested that there is more advertising and less beautification. Mr. Mark Jones, 926 Chokecherry Court, Winter Springs, Florida: commented on the Mayor's message and recommended cutting the Budget; and noted he was against more taxes. Ms. Kelly Kalahar, 525 Contravest Lane, Winter Springs Florida: appreciated beautification efforts but spoke of tough times; the current housing market; and suggested getting businesses involved more and that the City charge for parking at events. Mr. Steve Molnar: commented on staffing, training and retirement for Firefighters. Mr. Dennis Sandidge, 2525 Dark Oak Court, Oviedo, Florida: representing Seville on the Green, Mr. Sandidge commented on the Mayor's article and recommended alternatives. Mr. Ellsworth Grimsley, 790 Oakland Hills Circle, Lake Mary, Florida: spoke of change and suggested other alternatives be considered. Mr. Al Farjado, 1034 Winding Waters Circle, Winter Springs, Florida: wanted taxes to go down and asked for cuts. Mr. Richard Peek, 752 Forest Street, Winter Springs, Florida: commented on taxes and cuts. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: noted that Firefighters need to be paid more; and commented on "Revenue neutral";aline by line Budget review; and spoke on the Mayor's article. Ms. Maria Farjado, 1034 Winding Waters Circle, Winter Springs, Florida: commented on apartments paying taxes. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 24, 2008 PAGE 18 OF 20 Mr. Stephen Rosenthal, President, Rock Management Company, 20555 Victor Parkway, Livonia, Michigan: as the owner of Legends of Winter Springs, Mr. Rosenthal spoke for the Record on the merits of Fire and Police services; a recent "Insider" article; suggested working together on the Budget and apportioning fees differently. Mr. Benjamin Cola, 31 S Montrose Street, Winter Springs, Florida: as the President of the Highlands Village I Homeowner's Association, Mr. Cola commented on Liens against one's property; insurance services; and difficult times. Tape 3/Side B Mr. Gary Scarboro, 21 East Village Drive, Oviedo, Florida: representing the Apartment Association of Greater Orlando, Mr. Scarborough commented on a recent "Insider" article; Fire Services; and renters. Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: remarked about an Impact Study he did; flat fee and tiers; and diplomatic policy. Ms. Frankie Elliott, 17845 Evans Road/ 1330 Lee Road, Orlando, Florida: as the Vice President for Governmental Affairs for the Orlando Regional Realtors Association, Ms. Elliott commented on Legislative mandates; revenue increases; taxes; and suggested budgeting for essential services. Mayor Bush recognized former Mayor Paul P. Partyka. Mr. Paul P. Partyka, 292 Solaris Wharf Street, Winter Springs, Florida: commented on a tough housing market; business owners with fees they did not anticipate; and that the Budget be further reviewed. Ms. Nancy Vail, 1374 Augusta National Boulevard, Winter Springs, Florida: asked about a decision be made tonight. Mayor Bush closed this "Public Input" portion of the Agenda Item. Much discussion. Commissioner Miller suggested residents contact the City Clerk for a copy of a letter he wrote related to suggested Budget options. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 24, 2008 PAGE 19 OF 20 "I WILL MAKE A MOTION THAT WE APPROVE THIS FINAL READING OF ORDINANCE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH ADDED, "MOTION FOR APPROVAL OF AGENDA ITEM `503.1'." MANAGER McLEMORE NOTED, "I WANT TO POINT OUT THAT ON BOTH OF THESE AGENDA ITEMS, NEITHER ONE OF THESE IMPLEMENTS A FIRE ASSESSMENT FEE. YOUR VOTE IN FAVOR OF THIS, TAKES YOU TO THE NEXT LEVEL WHICH IS A PUBLIC HEARING IN WHICH EVERY HOMEOWNER GETS A NOTICE TO COME FORWARD TO A SCHEDULED MEETING TO TALK ABOUT THIS." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: NAY DEPUTY MAYOR GILMORE: AYE COMMISSIONER KREBS: NAY MOTION CARRIED. Commissioner McGinnis left the dais at 9: 57 p. m. PUBLIC HEARINGS 503.2 Office Of The City Manager Requesting City Commission Approve Resolution 2008-13 Which Provides For Initial Rates For The Fire Assessment Program In The City Of Winter Springs. Manager McLemore explained, "Same comment applies here. The approval of this Resolution does not implement, it simply takes you to the next level where every person in the City gets a notice to come forward to a Public Hearing." Commissioner Miller stated, "Point of Order "and noted the time. "I MAKE A MOTION THAT WE EXTEND THE MEETING BY ONE (1) HOUR." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MARCH 24, 2008 PAGE 20 OF 20 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: NAY Commissioner McGinnis returned to the dais at 9:59 p. m. COMMISSIONER McGINNIS: AYE (VOICE VOTE AUDIBLE FROM THE ROOM BEHIND THE DAIS) MOTION DID NOT CARRY. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 10:00 p.m. RESPECTFULLY SUBMITTED: ;EA LORENZO-LUACES, CMC CLERK APPROVED: MAYO J .~~ F. BUSH NOTE: These Minutes were approved at the April 14, 2008 Regular City Commission Meeting.