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HomeMy WebLinkAbout2008 06 09 Consent 212 Approval of the May 12, 2008 City Commission Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING MAY 12,2008 CALL TO ORDER The Regular Meeting of Monday, May 12, 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, absent City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 5:24 p.m. A moment of silence was followed by the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Discussion. Commissioner Robert S. Miller referenced item (30) and spoke of high weeds in the area next to the Bank of America, and asked if the City could advise the City Commission at the next Meeting of what actions needed to be taken to keep properties mowed. Mr. John Baker, AICP, Senior Planner, Community Development Department stated, "Yes." ~. CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 12,2008 PAGE 2 OF 16 "MOTION TO APPROVE" [INFORMATIONAL AGENDA]. MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN : AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS DISCUSSED INDIVIDUALLY, AS DOCUMENTED. .:..:. CONSENT AGENDA CONSENT 203. Office Of The City Clerk Requesting Approval Of The April 28, 2008 City Commission Regular Meeting Minutes. City Clerk Andrea Lorenzo- Luaces spoke of a small change to these Minutes, referenced in a Memorandum to the Mayor and City Commission. "MOTION TO APPROVE INCOPORATING THE CHANGE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE REMAINING CONSENT AGENDA ITEMS WERE DISCUSSED NEXT, AS DOCUMENTED. .:..:. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 12,2008 PAGE 3 OF 16 CONSENT AGENDA CONSENT 200. Public Works Department Requests The City Commission Validate The Staff Recommendation Finding The Vertex Cell Tower Site To Be Built In Substantial Accordance With The Final Engineering Plans. This Agenda Item was not discussed. CONSENT 201. Public Works Department Requesting Authorization To Enter Into A Contractual Agreement With Underwater Engineering Services, Inc. For Construction Of The Gee Creek Bank Stabilization Project At Hacienda Village In An Amount Of $300,000.00 Funded By The Natural Resources Conservation Service And Hacienda Village. There was no discussion on this Agenda Item. CONSENT 202. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. No discussion. CONSENT 204. Office Of The City Clerk Requesting Approval Of The April 30, 2008 City Commission Emergency Special Meeting Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE" [REMAINING CONSENT AGENDA ITEMS]. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN : AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. e=1 :;;ttir;!, ; CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 12,2008 PAGE 4 OF 16 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor And City Commission And Office Of The City Manager Presenting A Proclamation To The Public Works And Utility Department's Staff. Mayor Bush read and presented a Proclamation recognizing the staff of the Public Works/Utility Departments and congratulated Mr. Kip Lockcuff, Director, Public Works/Utility Departments along with some of his Staff Members who were in attendance. ~ ~7;~~'j 'If!J'.l.\~_l<!':""4) City Attorney Anthony A. Garganese arrived at 5:24 p.m. .:..:. AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED IN THE ORDER DOCUMENTED. .:..:. REPORTS REPORTS 401. Office Of The City Manager - Ronald W. McLemore . Discussion Of A Second May Meeting. With discussion on holding a Second Meeting in May, Mayor Bush summarized that the date for this Meeting would be Tuesday, "May 27th, (2008), 5:15 p.m." Next, City Manager Ronald W. McLemore spoke of funding issues related to the two (2) remaining Department Directors who have not yet gone through the Leadership Seminole Program, (Ms. Joanne Dalka, Director, Information Services Department and Ms. Michelle Greco, Director, Finance Department)." COMMISSIONER McGINNIS STATED, "I WOULD SUPPORT POSTPONING THAT." MANAGER McLEMORE SUGGESTED, "POSTPONE IT FOR ANOTHER YEAR - THAT WOULD BE MY RECOMMENDATION." "I WILL MAKE THAT A MOTION." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 12,2008 PAGE 5 OF 16 Commissioner Rick Brown then asked Manager McLemore, "Can you put that in the Budget for next year, just in case we have the funds for that?" Manager McLemore responded, "Be happy to." REPORTS 402. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC No Report. REPORTS 403. Commission Seat Five - Joanne M. Krebs Absent. REPORTS 404. Office Of The Mayor - John F. Bush Mayor Bush mentioned the Ribbon Cutting Ceremony for the "1135" building on State Road 434 which is scheduled for this Wednesday, May 14,2008. Next, Mayor Bush mentioned the Tri-County League of Cities Meeting scheduled for this Thursday and added, "Let Andrea (Lorenzo-Luaces) know if you are going to be there." Lastly, Mayor Bush noted that this Friday, May 16, 2008 is the Community Leadership Celebration and added, "If you are going to go, you need to make your reservations and Andrea (Lorenzo-Luaces) can take care ofthat as well." REPORTS 405. Commission Seat One - Robert S. Miller Commissioner Miller asked about the status of the Veteran's Memorial and asked if it would be completed by the end of this year? Manager McLemore responded, "Yes." ~! ; CITY OF WINTER SPRINGS, FLDRIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 12,2008 PAGE 6 OF 16 REPORTS 406. Commission Seat Two - Rick Brown Commissioner Brown mentioned he would also be at the Community Leadership Celebration event and that he had already bought a ticket. Secondly, Commissioner Brown spoke of a Ribbon Cutting Ceremony at Boys Town in Oviedo scheduled for tomorrow, Tuesday, May 13, 2008 at 10:00 a.m.; and as a Boys Town Board member, Commissioner Brown invited everyone to attend. Thirdly, Commissioner Brown said he would not be able to attend the Ribbon Cutting Ceremony for the "1135" building this Wednesday, May 14, 2008. REPORTS 407. Commission Seat Three/Deputy Mayor - Donald A. Gilmore Deputy Mayor Donald A. Gilmore mentioned the "Relay for Life" event scheduled for the end of this week. REPORTS 408. Commission Seat Four - Sally McGinnis Commissioner Sally McGinnis also mentioned the excessive weeds at the Metropolis Homes site. Next, Commissioner McGinnis mentioned she had met with the owner of the Winter Springs Golf Course, but noted that there was nothing to report. Commissioner McGinnis added, "I will keep you informed." .:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS GIVEN NEXT, FOLLOWED BY A REMAINING REPORT. .:..:. REPORTS REPORTS 406. Commission Seat Two - Rick Brown Commissioner Brown mentioned that this Friday evening, May 16, 2008 in the Town Center is a "Latin Jazz Concert" hosted by WLOQ, the Chamber of Commerce, and the Town Center Merchants. ~\ ~~~;f[~~ J .r~~.;""_' 1I~]';_"1li'!tl "'",,,,,.,," f}},\!r,l11~.~~;~U CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 12, 2008 PAGE 7 OF 16 REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese commented that the Surety Bond companies for Jesup's Reserve will be sending their Engineering professionals to meet with Mr. Brian Fields, our City Engineer to review a list of items that Mr. Fields put together. Attorney Garganese mentioned we should know more in the future. Next, Attorney Garganese gave an update on a development meeting with Bart Philips which was held at their request, to discuss a few issues regarding the metal recycling plan. Attorney Garganese noted that we are taking another look at this and we may be bringing that back to you at the next Commission Meeting; and said he would discuss this matter further with the City Manager. Attorney Garganese added that the State Road 419 frontage property is still scheduled for the June Meeting ofthe Local Planning Agency. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Manager Requesting City Commission To Consider Approval Of Resolution 2008-25 Which Implements And Provides For Final Rates For The Fire Assessment Program In The City Of Winter Springs For FY (Fiscal Year) 2008. Mr. Kevin Smith, Director, General Services Department introduced this Agenda Item. For the Record, Commissioner Miller asked Mr. Smith to clarify how we got to the proposed Fire Assessment. Discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Maria Fajado, 1034 Winding Waters Circle, Winter Springs, Florida: thought the Budget could have been handled better; suggested that the Fire Assessment should have been included in the Budget; and did not think this was fair or democratic. Mr. Alphonso Fajado, 1034 Winding Waters Circle, Winter Springs, Florida: Mayor Bush stated, "He is opposed." ~'i ~,:"_i ",~._w~_l CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 12, 2008 PAGE 8 OF 16 Ms. Carolyn Rudolph, 371 Casa Grande Court, Winter Springs, Florida: said she was disappointed in the proposed Assessment Fee; mentioned other cities have voted it out; and spoke of getting involved in politics. Mr. Jose Soriano, 23 Andrea Drive, #102, Winter Springs, Florida: Mayor Bush stated, "He is opposed; does not wish to address the Commission." Ms. Myrtle Kasner, 400 South Alderwood Street, Winter Springs, Florida: thought this could have been considered months ago; spoke of having to pay three (3) taxes in six (6) months; being on a fixed income; and added that she will be involved more. Mr. Tyler D. Weisman, 113 Brookshire Court, Winter Springs, Florida: said he had been involved in this process; that he thought the City Commission had done their job; thought the City should get the five hundred dollar ($500.00) clause noted in Homeowner's Insurance Policies; and suggested that the City work on tapping vehicle, home, and health Insurance Claims. Ms. Maria Marrola, 104 Seville Chase Drive, Winter Springs, Florida: expressed her disappointment in this issue; spoke of economic troubles; and suggested that the Fire Department charge as specific services are rendered. Ms. Carol A. Ziebarth, 400 West La Vista Drive, Winter Springs, Florida: suggested no new Fees be added; that a new plan be considered; and asked the City Commission to vote "No". Ms. Sondra Ahlers, 616 Morgan Street, Winter Springs, Florida: spoke as a member of the City's Ad Hoc Winter Springs Citizen Property Tax Reform Mitigation Study Committee and for the Board of Directors for Winter Springs Youth Sports on the need for fire safety and low response times. Ms. Betty Mignone, 311 Casa Grande Court, Winter Springs, Florida: asked about the proposed fifty percent (50%) rate Fee; and suggested there be less trees and irrigation instead. Tape I/Side B Ms. AnnaMarie Petrangelo, 1107 Arbor Glen Circle, Winter Springs, Florida: said she was opposed to the proposed Fire Fee; commented on family medical problems; said she did not need another tax; mentioned economic difficulties; and that she was looking for a job. Mr. Ed Dedelow, 622 Morgan Street, Winter Springs, Florida: spoke on property values; spending costs; high inflation and tough economic times; the City's Pension Plan; and changing the Commission. CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 12, 2008 PAGE 9 OF 16 Mr. John Radesky, 115 Alderwood Street, North, Winter Springs, Florida: suggested the Commission vote "No"; and instead, make other changes to support the Fire Department. Saied Alvarian-Kashan, 1531 Fox Glen Drive, Winter Springs, Florida: Mayor Bush stated, "He is opposed; does not want to speak." Mr. Mac McLaughlin, 126 Las Almas Lane, Winter Springs, Florida: said he thought that the Fire Assessment Fee was a shift of fees; that Fire Service employees should be well trained; and that Fire Services should be funded through property taxes. Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: commented on also serving on the City's Ad Hoc Winter Springs Citizen Property Tax Reform Mitigation Study Committee; platform of operation; multi-family homes; that other area cities were not doing a Fire Assessment Fee; Capital Projects; and complemented Commissioner Brown and Commissioner Krebs. Ms. Laura Jones, 926 Chokecherry Court, Winter Springs, Florida: asked if vacant land owners would be paying anything? Discussion. Ms. Jones added that she was against the proposed Fire Assessment Fee; and hoped things would be fair for all. Mayor Bush added, "The Attorney down there will make a list of these questions and she will respond to these when we are done." Mr. Ben Cola, 315 Montrose Street, Winter Springs, Florida: mentioned a friend's Insurance Policy which charges five hundred dollars ($500.00) to offset Fire Services and that he would share this for the Record. Mr. Cola then suggested that Insurance companies be charged for this; did not think that most people are pleased with this; commented on employees retiring; and asked that this be reconsidered. Mr. Doug Hamilton, 126 Peregrine Court, Winter Springs, Florida: commented on the proposed Fire Assessment Fee; what is deductible; the Fire Department; the current Budget; and noted that vacant property owners did get a tax cut. Mr. Corey Green: representing the Winter Springs Firefighters, Mr. Green commented on Legislative imposed cuts; the Ad Hoc Winter Springs Citizen Property Tax Reform Mitigation Study Committee; and employees and retirements. Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: remarked about the Public Meeting held last week; the Trotwood Park Splash Pad; and a part-time person that was not included. ~.I '---""i ~~:~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 12,2008 PAGE 10 OF 16 Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: noted City Commission actions; that the City Commission should end this at the end of the Fiscal Year; and to let the Millage take care of all needs. Mr. Martinez also asked if the junk yard/tire yard will also be charged a Fire Assessment Fee? Mayor Bush recognized former Mr. Edward Martinez, Jr. as a former City Commissioner. Mr. Tom Waters, 1033 Antelope Trail, Winter Springs, Florida: mentioned that citizens could attend Board of Adjustment Meetings and get involved; asked what citizens wanted to have removed from the Budget; said that we have low taxes; and noted that he would rather pay for this via the Millage. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion. Ms. Marguerite McCauley, CPA CFE, Senior Project Manager, Government Services Group, Inc., 1500 Mahan Drive, Suite 150, Tallahassee, Florida: commented on a vacant land issue and stated, "We excluded them. They are not charged." Brief discussion followed on the State Road 419 Recycling property to which Mr. Smith stated, "Basically speaking, all commercial properties that have structures will be assessed. " Commissioner Miller commented for the Record about Governor Charlie Crist. Tape 2/Side A Further discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE ADOPT 'Alternative C' ON THE CHART THERE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN : NAY DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mayor Bush called a Recess at 7:01 p.m. The Meeting was called back to Order at 7:28 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 12,2008 PAGE II OF 16 PUBLIC HEARINGS 501. Community Development Department - Planning Division ADD ON Requests The City Commission Hold A Public Hearing For The Aesthetic Review For The Starlight Baptist Church, Located At The N.W. (Northwest) Corner Of The Intersection Of Hayes Road And East Bahama Road. Site Sign age And Future Enclosure Of The Existing Covered Basketball Court Are Not Included In This Request And Will Be Addressed Later. Aesthetic Review For The Dumpster Enclosure, Signage, The Railing Above The Retaining Wall, And Possibly Other Structures Are Not Part Of This Review And Will Be Addressed Separately At Another Time. Mr. Baker presented this Agenda Item. Discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. John Clark, 638 Sailfish Road, Winter Springs, Florida: spoke in favor of this project and said they need a bigger church. Mr. Jim Hartman, 220 Stoner Road, Winter Springs, Florida: stated that he was in favor ofthis project. Ms. Betty Mignone, 311 Casa Grande Court, Winter Springs, Florida: as a new member of the Church, Ms. Mignone said that they need more room. Mr. Paul Morrison, 434 Boxwood Circle, Winter Springs, Florida: spoke in favor. Ms. Amy Patterson, 507 Evergreen Avenue, Winter Springs, Florida: Mayor Bush stated, "Is in favor of, but does not wish to address the Commission." Mr. Don Smith, 120 East Tradewinds Road, Winter Springs, Florida: commented on a minimally posted Notice; and noted that most people that attend this church, don't live in this neighborhood. Mayor Bush closed the "Public Input" portion of the Agenda Item. Mr. Greg Roebuck, Aagaard-Juergensen Construction, LLC, 5695 Beggs Road, Orlando, Florida: addressed the City Commission on this project and stated, "There is not a school on this site." !~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 12,2008 PAGE 12 OF 16 Dr. Glenn Riggs, 330 East Pinewood Court, Lake Mary, Florida: as the Pastor of the Starlight Baptist Church, Dr. Riggs stated, "We have three (3) major services a week, Sunday morning; Sunday night; and Wednesday evenings and that's our church services. We do what churches do. We may have a funeral; we may have wedding; we may have a youth activity; we may have various things going on during the week; but they're always in much smaller numbers - we might have a revival once a year or a church - conference of some kind where we would have two (2), or three (3), four (4) nights of services." Dr. Riggs then noted, "We do not have daily programs going on that brings massive numbers." With discussion on light fixtures, Mr. Baker noted, "You might see the light shining down, but you will not see the light source." Discussion. On the issue of the repair of buses, Dr. Riggs stated, "That's not what we do there. We do not do heavy repairs. We may bring something out - change a battery out of it or little things like that that have to be done. We're not pulling engines and taking out transmissions. " Commissioner Miller asked that the Agreement cover this and that such small repairs would be done in the back. Mr. Stevenson remarked, "The Applicant is agreeable to amending the DA (Development Agreement) to state that no major repairs would take place on these buses on site, regardless of where they're parked." Manager McLemore added, "I think he is asking you to also to amend that so that any, ANY repairs would be done behind - in the back..." Mr. Stevenson noted, ".. .Any major repair would be done in the back where they are stored. " Discussion followed on basketball courts and other activities. On the issue of the heights of the lights, Manager McLemore said, "I think the light poles should be left open to be resolved because that could be a problem for the neighbors." Mr. Roebuck stated, "We're amenable to whatever the City wants, with regards to that." Manager McLemore added, "I just would like to have the opportunity to bring that back to the Commission if! think it is a problem." Commissioner McGinnis noted, "Okay." Mayor Bush asked, "Does the Church have any problem with that?" Dr. Riggs asked whether this would have to come back to the City Commission? Manager McLemore explained, "I am saying to them, if I have a concern about it, I'll bring it back. If we work it out, I don't have a concern about it, I'm done." Dr. Riggs stated, "Fine with us." Commissioner McGinnis noted, "That is fine." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 12, 2008 PAGE 13 OF 16 "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH STATED, "WITH THE CAVEAT THAT WAS MENTIONED..." COMMISSIONER MILLER ADDED, "...WITH THE CAVEAT THAT THE - CITY MANAGER WILL..." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN : AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Community Development Department ADD ON Requests The Commission Consider The Final Engineering/Site Plan For The Starlight Baptist Church Expansion, Located At The Northwest Corner Of Hayes Road And East Bahama Road. Note: Due to technical difficulties with Tape 2/Side S, the next audiotape was used. Tape 3/Side A Mr. Baker introduced this Agenda Item for discussion. Discussion. Mayor Bush asked, "Has the Church seen these recommendations and agreed to them?" Mr. Baker responded, "Yes." Further discussion. Deputy Mayor Gilmore asked, "Are you watering this - is it going to have irrigation?" Mr. Roebuck responded, "Yes, it will have irrigation." Discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. ~\ _.~ J r~,,'-l ~j.il 'i!llD"<f:~~J !l1~""1:.:.l ~. ~"'e~) 'i1!'~~-: ,~~~') ~~~~~: fillwf-" i ~ -,.",-; ~'Uil ~~*~. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 12,2008 PAGE 14 OF 16 VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. REGULAR 601. Community Development Department ADD ON Requests The City Commission Consider A Development Agreement For The Renovation/Enlargement Of Starlight Baptist Church, Located At The Northwest Corner Of Hayes Road And East Bahama Road. Mr. Baker briefly introduced this Agenda Item. Attorney Garganese noted, "There are just a couple of issues John (Baker) and I talked about earlier this evening that we need to modify regarding parking within the setback - that is depicted on the Final Engineering Plans as a possible area for parking. Parking within the setback must be of last resort. Further, there is no overnight parking within the setback area and no demarcation of parking spaces in the setback area. It could be used for overflow parking but it's not an established - technically an established parking area under the Code." Mayor Bush asked, "Does the Church have any issue with any of that?" No objections were voiced. Attorney Garganese added, "We'll address the repair issue that was discussed two (2) items ago - no major repairs on site and any repairs done in the back where the buses are stored. " Commissioner Miller suggested the language be more specific. Discussion. Dr. Riggs stated, "I want to be able to be in Compliance with everything." Continuing, Dr. Riggs explained, "We're going to have our largest crowd Sunday morning; we're going to have basically half that crowd Sunday night; close to half that Wednesday night." Continuing, Dr. Riggs noted, "Unless it is a revival which might happen once a year or a special conference which might happen once a year, in addition to that." Much discussion. C:=:=.. ~ ~ p~,.. '~~.~~ttli~ . -,,,,"" ~1"_,,, f""~ tik,,,, ~ t':: CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 12, 2008 PAGE 15 OF 16 "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH STATED, "MOTION TO APPROVE THE DEVELOPMENT AGREEMENT WITH ANY CHANGES?" COMMISSIONER BROWN STATED, "NO." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: NAY MOTION CARRIED. REGULAR 602. Office Of The Mayor ADD ON Requesting The City Commission To Discuss Fire Consolidation With Seminole County. Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE TAKE IT TO A WORKSHOP." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MANAGER McLEMORE SUGGESTED, "IT IS GOING TO REQUIRE THAT WE HAVE A DECISION BEFORE JUNE." MAYOR BUSH READ A LETTER FROM MAYOR RUSS HAUCK OF THE CITY OF ALTAMONTE SPRINGS RELATED TO THE CONSOLIDATION OF THEIR FIRE DEPARTMENT. Tape 3/Side B VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN : AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. ~ ~~~!,W.~ ~~~. ,!~~.. ,. ,}\'iQ1; I<""'~."'''''' ~~'7't~;.~' ~~~~~i~~1 ~'~:7::~jJ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 12,2008 PAGE 16 OF 16 Mayor Bush said to Manager McLemore that Commissioner Brown "Mentioned about having someone here from the County as wel1." Manager McLemore responded, "Sure- who would you want to have - the Fire Chief or the County Commissioners." Mayor Bush suggested, "Why don't we invite the Chair?" Commissioner McGinnis added, "Just the Chair." Manager McLemore added, "We'll invite them al1." Mayor Bush stated, "Okay." With discussion on a date, Mayor Bush recommended, "Tuesday, [May] the 20th [2008]?" Commissioner McGinnis said, "Good." Commissioner Miller stated, "Works for me." No objections were voiced. Deputy Mayor Gilmore then suggested the Workshop begin at "6:30 [p.m.]." Mayor Bush asked the rest of the City Commission, "6:30 [p.m.]?" Commissioner Brown responded, "Fine." Mayor Bush summarized, "6:30 [p.m.], May the 20th [2008]." Note: The next day, with agreement by the City Commission, this Workshop was changed to Wednesday, May 21, 2008. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:48 p.m. RESPECTFULLY SUBMITTED: JOAN L. BROWN, DEPUTY CITY CLERK AND ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: MAYOR JOHN F. BUSH NOTE: These Minutes were approved at the Regular City Commission Meeting. .~ ~ i?" '..~ "~ ~!1;iL: . """~~~ "'J~ j,",,~""'<4l ~f:,,,,,,\\,,,,ftlI1 ~ l\n,~~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING MAY 12, 2008 CALL TO ORDER The Regular Meeting of Monday, May 12, 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, absent City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 5:24 p.m. A moment of silence was followed by the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Discussion. Commissioner Robert S. Miller referenced item (30) and spoke of high weeds in the area next to the Bank of America, and asked if the City could advise the City Commission at the next Meeting of what actions needed to be taken to keep properties mowed. Mr. John Baker, AICP, Senior Planner, Community Development Department stated, "Yes." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 12, 2008 PAGE 2 OF 16 "MOTION TO APPROVE" [INFORMATIONAL AGENDA]. MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. •• AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS DISCUSSED INDIVIDUALLY, AS DOCUMENTED. • • CONSENT AGENDA CONSENT 203. Office Of The City Clerk Requesting Approval Of The April 28, 2008 City Commission Regular Meeting Minutes. City Clerk Andrea Lorenzo-Luaces spoke of a small change to these Minutes, referenced in a Memorandum to the Mayor and City Commission. "MOTION TO APPROVE INCOPORATING THE CHANGE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. • • AGENDA NOTE: THE REMAINING CONSENT AGENDA ITEMS WERE DISCUSSED NEXT, AS DOCUMENTED. • • CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 12, 2008 PAGE 3 OF 16 CONSENT AGENDA CONSENT 200. Public Works Department Requests The City Commission Validate The Staff Recommendation Finding The Vertex Cell Tower Site To Be Built In Substantial Accordance With The Final Engineering Plans. This Agenda Item was not discussed. CONSENT 201. Public Works Department Requesting Authorization To Enter Into A Contractual Agreement With Underwater Engineering Services, Inc. For Construction Of The Gee Creek Bank Stabilization Project At Hacienda Village In An Amount Of $300,000.00 Funded By The Natural Resources Conservation Service And Hacienda Village. There was no discussion on this Agenda Item. CONSENT 202. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. No discussion. CONSENT 204. Office Of The City Clerk Requesting Approval Of The April 30, 2008 City Commission Emergency Special Meeting Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE" [REMAINING CONSENT AGENDA ITEMS]. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 12, 2008 PAGE 4 OF 16 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor And City Commission And Office Of The City Manager Presenting A Proclamation To The Public Works And Utility Department's Staff. Mayor Bush read and presented a Proclamation recognizing the staff of the Public Works/Utility Departments and congratulated Mr. Kip Lockcuff, Director, Public Works/Utility Departments along with some of his Staff Members who were in attendance. City Attorney Anthony A. Garganese arrived at S: 24 p. m. • • AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED IN THE ORDER DOCUMENTED. •• REPORTS REPORTS 401. Office Of The City Manager -Ronald W. McLemore • Discussion Of A Second May Meeting. With discussion on holding a Second Meeting in May, Mayor Bush summarized that the date for this Meeting would be Tuesday, "May 27`", (2008), 5:15 p.m." Next, City Manager Ronald W. McLemore spoke of funding issues related to the two (2) remaining Department Directors who have not yet gone through the Leadership Seminole Program, (Ms. Joanne Dalka, Director, Information Services Department and Ms. Michelle Greco, Director, Finance Department)." COMMISSIONER McGINNIS STATED, "I WOULD SUPPORT POSTPONING THAT." MANAGER McLEMORE SUGGESTED, "POSTPONE IT FOR ANOTHER YEAR -THAT WOULD BE MY RECOMMENDATION." "I WILL MAKE THAT A MOTION." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 12, 2008 PAGE 5 OF 16 Commissioner Rick Brown then asked Manager McLemore, "Can you put that in the Budget for next year, just in case we have the funds for that?" Manager McLemore responded, "Be happy to." REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, CMC No Report. REPORTS 403. Commission Seat Five -Joanne M. Krebs Absent. REPORTS 404. Office Of The Mayor -John F. Bush Mayor Bush mentioned the Ribbon Cutting Ceremony for the "1135" building on State Road 434 which is scheduled for this Wednesday, May 14, 2008. Next, Mayor Bush mentioned the Tri-County League of Cities Meeting scheduled for this Thursday and added, "Let Andrea (Lorenzo-Luaces) know if you are going to be there." Lastly, Mayor Bush noted that this Friday, May 16, 2008 is the Community Leadership Celebration and added, "If you are going to go, you need to make your reservations and Andrea (Lorenzo-Luaces) can take care of that as well." REPORTS 405. Commission Seat One -Robert S. Miller Commissioner Miller asked about the status of the Veteran's Memorial and asked if it would be completed by the end of this year? Manager McLemore responded, "Yes." CITY OF W[NTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 12, 2008 PAGE 6 OF 16 REPORTS 406. Commission Seat Two -Rick Brown Commissioner Brown mentioned he would also be at the Community Leadership Celebration event and that he had already bought a ticket. Secondly, Commissioner Brown spoke of a Ribbon Cutting Ceremony at Boys Town in Oviedo scheduled for tomorrow, Tuesday, May 13, 2008 at 10:00 a.m.; and as a Boys Town Board member, Commissioner Brown invited everyone to attend. Thirdly, Commissioner Brown said he would not be able to attend the Ribbon Cutting Ceremony for the "1135" building this Wednesday, May 14, 2008. REPORTS 407. Commission Seat Three/Deputy Mayor -Donald A. Gilmore Deputy Mayor Donald A. Gilmore mentioned the "Relay for Life" event scheduled for the end of this week. REPORTS 408. Commission Seat Four -Sally McGinnis Commissioner Sally McGinnis also mentioned the excessive weeds at the Metropolis Homes site. Next, Commissioner McGinnis mentioned she had met with the owner of the Winter Springs Golf Course, but noted that there was nothing to report. Commissioner McGinnis added, "I will keep you informed." • • AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS GIVEN NEXT, FOLLOWED BY A REMAINING REPORT. • • REPORTS REPORTS 406. Commission Seat Two -Rick Brown Commissioner Brown mentioned that this Friday evening, May 16, 2008 in the Town Center is a "Latin Jazz Concert" hosted by WLOQ, the Chamber of Commerce, and the Town Center Merchants. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 12, 2008 PAGE 7 OF 16 REPORTS 400. Office Of The City Attorney -Anthony A. Garganese, Esquire Attorney Garganese commented that the Surety Bond companies for Jesup's Reserve will be sending their Engineering professionals to meet with Mr. Brian Fields, our City Engineer to review a list of items that Mr. Fields put together. Attorney Garganese mentioned we should know more in the future. Next, Attorney Garganese gave an update on a development meeting with Bart Philips which was held at their request, to discuss a few issues regarding the metal recycling plan. Attorney Garganese noted that we are taking another look at this and we may be bringing that back to you at the next Commission Meeting; and said he would discuss this matter further with the City Manager. Attorney Garganese added that the State Road 419 frontage property is still scheduled for the June Meeting of the Local Planning Agency. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Manager Requesting City Commission To Consider Approval Of Resolution 2008-25 Which Implements And Provides For Final Rates For The Fire Assessment Program In The City Of Winter Springs For FY (Fiscal Year) 2008. Mr. Kevin Smith, Director, General Services Department introduced this Agenda Item. For the Record, Commissioner Miller asked Mr. Smith to clarify how we got to the proposed Fire Assessment. Discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Maria Fajado, 1034 Winding Waters Circle, Winter Springs, Florida: thought the Budget could have been handled better; suggested that the Fire Assessment should have been included in the Budget; and did not think this was fair or democratic. Mr. Alphonso Fajado, 1034 Winding Waters Circle, Winter Springs, Florida: Mayor Bush stated, "He is opposed." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 12, 2008 PAGE 8 OF 16 Ms. Carolyn Rudolph, 371 Casa Grande Court, Winter Springs, Florida: said she was disappointed in the proposed Assessment Fee; mentioned other cities have voted it out; and spoke of getting involved in politics. Mr. Jose Soriano, 23 Andrea Drive, #102, Winter Springs, Florida: Mayor Bush stated, "He is opposed; does not wish to address the Commission." Ms. Myrtle Kasner, 400 South Alderwood Street, Winter Springs, Florida: thought this could have been considered months ago; spoke of having to pay three (3) taxes in six (6) months; being on a fixed income; and added that she will be involved more. Mr. Tyler D. Weisman, 113 Brookshire Court, Winter Springs, Florida: said he had been involved in this process; that he thought the City Commission had done their job; thought the City should get the five hundred dollar ($500.00) clause noted in Homeowner's Insurance Policies; and suggested that the City work on tapping vehicle, home, and health Insurance Claims. Ms. Maria Marrola, 104 Seville Chase Drive, Winter Springs, Florida: expressed her disappointment in this issue; spoke of economic troubles; and suggested that the Fire Department charge as specific services are rendered. Ms. Carol A. Ziebarth, 400 West La Vista Drive, Winter Springs, Florida: suggested no new Fees be added; that a new plan be considered; and asked the City Commission to vote "No". Ms. Sondra Ahlers, 616 Morgan Street, Winter Springs, Florida: spoke as a member of the City's Ad Hoc Winter Springs Citizen Property Tax Reform Mitigation Study Committee and for the Board of Directors for Winter Springs Youth Sports on the need for fire safety and low response times. Ms. Betty Mignone, 311 Casa Grande Court, Winter Springs, Florida: asked about the proposed fifty percent (50%) rate Fee; and suggested there be less trees and irrigation instead. Tape 1/Side B Ms. AnnaMarie Petrangelo, 1107 Arbor Glen Circle, Winter Springs, Florida: said she was opposed to the proposed Fire Fee; commented on family medical problems; said she did not need another tax; mentioned economic difficulties; and that she was looking for a job. Mr. Ed Dedelow, 622 Morgan Street, Winter Springs, Florida: spoke on property values; spending costs; high inflation and tough economic times; the City's Pension Plan; and changing the Commission. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 12, 2008 PAGE 9 OF 16 Mr. John Radesky, 11 S Alderwood Street, North, Winter Springs, Florida: suggested the Commission vote "No"; and instead, make other changes to support the Fire Department. Saied Alvarian-Kashan, 1531 Fox Glen Drive, Winter Springs, Florida: Mayor Bush stated, "He is opposed; does not want to speak." Mr. Mac McLaughlin, 126 Las Almas Lane, Winter Springs, Florida: said he thought that the Fire Assessment Fee was a shift of fees; that Fire Service employees should be well trained; and that Fire Services should be funded through property taxes. Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: commented on also serving on the City's Ad Hoc Winter Springs Citizen Property Tax Reform Mitigation Study Committee; platform of operation; multi-family homes; that other area cities were not doing a Fire Assessment Fee; Capital Projects; and complemented Commissioner Brown and Commissioner Krebs. Ms. Laura Jones, 926 Chokecherry Court, Winter Springs, Florida: asked if vacant land owners would be paying anything? Discussion. Ms. Jones added that she was against the proposed Fire Assessment Fee; and hoped things would be fair for all. Mayor Bush added, "The Attorney down there will make a list of these questions and she will respond to these when we are done." Mr. Ben Cola, 31 S Montrose Street, Winter Springs, Florida: mentioned a friend's Insurance Policy which charges five hundred dollars ($500.00) to offset Fire Services and that he would share this for the Record. Mr. Cola then suggested that Insurance companies be charged for this; did not think that most people are pleased with this; commented on employees retiring; and asked that this be reconsidered. Mr. Doug Hamilton, 126 Peregrine Court, Winter Springs, Florida: commented on the proposed Fire Assessment Fee; what is deductible; the Fire Department; the current Budget; and noted that vacant property owners did get a tax cut. Mr. Corey Green: representing the Winter Springs Firefighters, Mr. Green commented on Legislative imposed cuts; the Ad Hoc Winter Springs Citizen Property Tax Reform Mitigation Study Committee; and employees and retirements. Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: remarked about the Public Meeting held last week; the Trotwood Park Splash Pad; and apart-time person that was not included. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 12, 2008 PAGE 10 OF 16 Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: noted City Commission actions; that the City Commission should end this at the end of the Fiscal Year; and to let the Millage take care of all needs. Mr. Martinez also asked if the junk yard/tire yard will also be charged a Fire Assessment Fee? Mayor Bush recognized former Mr. Edward Martinez, Jr. as a former City Commissioner. Mr. Tom Waters, 1033 Antelope Trail, Winter Springs, Florida: mentioned that citizens could attend Board of Adjustment Meetings and get involved; asked what citizens wanted to have removed from the Budget; said that we have low taxes; and noted that he would rather pay for this via the Millage. Mayor Bush closed the "Public Input "portion of the Agenda Item. Discussion. Ms. Marguerite McCauley, CPA CFE, Senior Project Manager, Government Services Group, Inc., 1 S00 Mahan Drive, Suite 1 S0, Tallahassee, Florida: commented on a vacant land issue and stated, "We excluded them. They are not charged." Brief discussion followed on the State Road 419 Recycling property to which Mr. Smith stated, "Basically speaking, all commercial properties that have structures will be assessed." Commissioner Miller commented for the Record about Governor Charlie Crist. Tape 2/Side A Further discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE ADOPT `Alternative C' ON THE CHART THERE:' MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN: NAY DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mayor Bush called a Recess at 7: Ol p. m. The Meeting was called back to Order at 7:28 p. m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 12, 2008 PAGE 11 OF 16 PUBLIC HEARINGS 501. Community Development Department -Planning Division ADD ON Requests The City Commission Hold A Public Hearing For The Aesthetic Review For The Starlight Baptist Church, Located At The N.W. (Northwest) Corner Of The Intersection Of Hayes Road And East Bahama Road. Site Signage And Future Enclosure Of The Existing Covered Basketball Court Are Not Included In This Request And Will Be Addressed Later. Aesthetic Review For The Dumpster Enclosure, Signage, The Railing Above The Retaining Wall, And Possibly Other Structures Are Not Part Of This Review And Will Be Addressed Separately At Another Time. Mr. Baker presented this Agenda Item. Discussion. Mayor Bush opened the "Public Input "portion of the Agenda Item. Mr. John Clark, 638 Sailfish Road, Winter Springs, Florida: spoke in favor of this project and said they need a bigger church. Mr. Jim Hartman, 220 Stoner Road, Winter Springs, Florida: stated that he was in favor of this project. Ms. Betty Mignone, 311 Casa Grande Court, Winter Springs, Florida: as a new member of the Church, Ms. Mignone said that they need more room. Mr. Paul Morrison, 434 Boxwood Circle, Winter Springs, Florida: spoke in favor. Ms. Amy Patterson, 507 Evergreen Avenue, Winter Springs, Florida: Mayor Bush stated, "Is in favor of, but does not wish to address the Commission." Mr. Don Smith, 120 East Tradewinds Road, Winter Springs, Florida: commented on a minimally posted Notice; and noted that most people that attend this church, don't live in this neighborhood. Mayor Bush closed the "Public Input "portion of the Agenda Item. Mr. Greg Roebuck, Aagaard-Juergensen Construction, LLC, 5695 Beggs Road, Orlando, Florida: addressed the City Commission on this project and stated, "There is not a school on this site." CTI'Y OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 12, 2008 PAGE 12 OF 16 Dr. Glenn Riggs, 330 East Pinewood Court, Lake Mary, Florida: as the Pastor of the Starlight Baptist Church, Dr. Riggs stated, "We have three (3) major services a week, Sunday morning; Sunday night; and Wednesday evenings and that's our church services. We do what churches do. We may have a funeral; we may have wedding; we may have a youth activity; we may have various things going on during the week; but they're always in much smaller numbers - we might have a revival once a year or a church -conference of some kind where we would have two (2), or three (3), four (4) nights of services." Dr. Riggs then noted, "We do not have daily programs going on that brings massive numbers." With discussion on light fixtures, Mr. Baker noted, "You might see the light shining down, but you will not see the light source." Discussion. On the issue of the repair of buses, Dr. Riggs stated, "That's not what we do there. We do not do heavy repairs. We may bring something out - change a battery out of it or little things like that that have to be done. We're not pulling engines and taking out transmissions." Commissioner Miller asked that the Agreement cover this and that such small repairs would be done in the back. Mr. Stevenson remarked, "The Applicant is agreeable to amending the DA (Development Agreement) to state that no major repairs would take place on these buses on site, regardless of where they're parked." Manager McLemore added, "I think he is asking you to also to amend that so that any, ANY repairs would be done behind - in the back..." Mr. Stevenson noted, "...Any major repair would be done in the back where they are stored." Discussion followed on basketball courts and other activities. On the issue of the heights of the lights, Manager McLemore said, "I think the light poles should be left open to be resolved because that could be a problem for the neighbors." Mr. Roebuck stated, "We're amenable to whatever the City wants, with regards to that." Manager McLemore added, "I just would like to have the opportunity to bring that back to the Commission if I think it is a problem." Commissioner McGinnis noted, "Okay." Mayor Bush asked, "Does the Church have any problem with that?" Dr. Riggs asked whether this would have to come back to the City Commission? Manager McLemore explained, "I am saying to them, if I have a concern about it, I'll bring it back. If we work it out, I don't have a concern about it, I'm done." Dr. Riggs stated, "Fine with us." Commissioner McGinnis noted, "That is fine." CITY OF WINTER SPRINGS, FLORIDA M[NUTES CITY COMMISSION REGULAR MEETING -MAY l2, 2008 PAGE 13 OF 16 "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH STATED, "WITH THE CAVEAT THAT WAS MENTIONED..." COMMISSIONER MILLER ADDED, "...WITH THE CAVEAT THAT THE - CITY MANAGER WILL..." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Community Development Department ADD ON Requests The Commission Consider The Final Engineering/Site Plan For The Starlight Baptist Church Expansion, Located At The Northwest Corner Of Hayes Road And East Bahama Road. Note: Due to technical diffrculties with Tape 2/Side B, the next audiotape was used. Tape 3/Side A Mr. Baker introduced this Agenda Item for discussion. Discussion. Mayor Bush asked, "Has the Church seen these recommendations and agreed to them?" Mr. Baker responded, "Yes." Further discussion. Deputy Mayor Gilmore asked, "Are you watering this - is it going to have irrigation?" Mr. Roebuck responded, "Yes, it will have irrigation." Discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 12, 2008 PAGE 14 OF 16 VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 601. Community Development Department ADD ON Requests The City Commission Consider A Development Agreement For The Renovation/Enlargement Of Starlight Baptist Church, Located At The Northwest Corner Of Haves Road And East Bahama Road. Mr. Baker briefly introduced this Agenda Item. Attorney Garganese noted, "There are just a couple of issues John (Baker) and I talked about earlier this evening that we need to modify regarding parking within the setback - that is depicted on the Final Engineering Plans as a possible area for parking. Parking within the setback must be of last resort. Further, there is no overnight parking within the setback area and no demarcation of parking spaces in the setback area. It could be used for overflow parking but it's not an established - technically an established parking area under the Code." Mayor Bush asked, "Does the Church have any issue with any of that?" No objections were voiced. Attorney Garganese added, "We'll address the repair issue that was discussed two (2) items ago - no major repairs on site and any repairs done in the back where the buses are stored." Commissioner Miller suggested the language be more specific. Discussion. Dr. Riggs stated, "I want to be able to be in Compliance with everything." Continuing, Dr. Riggs explained, "We're going to have our largest crowd Sunday morning; we're going to have basically half that crowd Sunday night; close to half that Wednesday night." Continuing, Dr. Riggs noted, "Unless it is a revival which might happen once a year or a special conference which might happen once a year, in addition to that." Much discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 12, 2008 PAGE IS OF 16 "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH STATED, "MOTION TO APPROVE THE DEVELOPMENT AGREEMENT WITH ANY CHANGES?" COMMISSIONER BROWN STATED, "NO." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: NAY MOTION CARRIED. REGULAR 602. Office Of The Mayor ADD ON Requesting The City Commission To Discuss Fire Consolidation With Seminole County. Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE TAKE IT TO A WORKSHOP." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MANAGER McLEMORE SUGGESTED, "IT IS GOING TO REQUIRE THAT WE HAVE A DECISION BEFORE JUNE." MAYOR BUSH READ A LETTER FROM MAYOR RUSS HAUCK OF THE CITY OF ALTAMONTE SPRINGS RELATED TO THE CONSOLIDATION OF THEIR FIRE DEPARTMENT. Tape 3/Side B VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 12, 2008 PAGE 16 OF 16 Mayor Bush said to Manager McLemore that Commissioner Brown "Mentioned about having someone here from the County as well." Manager McLemore responded, "Sure - who would you want to have -the Fire Chief or the County Commissioners." Mayor Bush suggested, "Why don't we invite the Chair?" Commissioner McGinnis added, "Just the Chair." Manager McLemore added, "We'll invite them all." Mayor Bush stated, "Oka " Y• With discussion on a date, Mayor Bush recommended, "Tuesday, [May] the 20t" [2008]?" Commissioner McGinnis said, "Good." Commissioner Miller stated, "Works for me." No objections were voiced. Deputy Mayor Gilmore then suggested the Workshop begin at "6:30 [p.m.]." Mayor Bush asked the rest of the City Commission, "6:30 [p.m.]?" Commissioner Brown responded, "Fine." Mayor Bush summarized, "6:30 [p.m.], May the 20th [2008]." Note: The next day, tivtth agreement by the City Commtsston, this Workshop was changed to Wednesday, May 2!, 2008. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:48 p.m. RESPECTFULLY SUBMITTED: JOAN L. BROWN, DEPUTY CITY CLERK AND 1 /~ AND A LORENZO-LUACES, CMC CITY CLERK APPROVED: ~ ~~ MA ~ R JOIf'±1 F~ BUSH l.;iJ'fE: These Minutes wire aGproved at the June 9, 2008 Regular City Commission Meeting.