Loading...
HomeMy WebLinkAbout_2008 10 27 City Commission Regular MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 27, 2008 CALL TO ORDER The Regular Meeting of Monday, October 27, 2008 of the City Commission was called to Order by Mayor John F. Bush at 5:18 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 via telephone Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, arrived at 5:19 p.m. City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. City Manager Ronald W. McLemore arrived at 5:19 p. m. Mayor Bush noted, "We have one Agenda change. Staff has recommended that -Regular item `605' (Part I) from the previous meeting be Pulled." Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department stated, "We are going to bring it back Mayor - at a later date." Commissioner Joanne M. Krebs asked, "To Pull `201' from Consent (Agenda) and put it on to Regular (Agenda [Part II])." No objections were voiced. REGULAR AGENDA -PREVIOUSLY LISTED ON THE OCTOBER 13, 2008 REGULAR MEETING AGENDA CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 27, 2008 PAGE 2 OF 25 REGULAR AGENDA (PART I) REGULAR 605. Community Development Department Requesting The City Commission To Review And Approve, With Any Amendments Deemed Appropriate, Resolution Number 2008-03 For Establishment Of The City Of Winter Springs Memorial Tree Planting Program. As just stated, this Agenda Item was Pulled. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Proiects. This Agenda Item was not discussed. INFORMATIONAL 101. Public Works Department - Stormwater Division Advising The City Commission On A Plaque Recently Presented To The City By FEMA (Federal Emergency Management Agency) Recognizing The City's Successful Participation In The National Flood Insurance Program's Community Rating System. No discussion. INFORMATIONAL 102. Parks And Recreation Department Would Like To Inform The City Commission About The Central Winds Park Practice Fields Policy. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 27, 2008 PAGE 3 OF 25 INFORMATIONAL 103. Office Of The City Manager And Finance Department Wish To Inform The City Commission Of The Receipt Of The Certificate Of Achievement For Excellence In Financial Reporting For The Comprehensive Annual Financial Report (CAFR) For The Fiscal Year Ended September 30, 2007 For The Eighth Consecutive Year. This Agenda Item was not discussed. "MOTION TO APPROVE" [INFORMATIONAL AGENDA]. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Public Works Department Requesting Authorization To Enter Into A Joint Participation Agreement With The Florida Department Of Transportation To Install Turn Lanes Along State Road 419 At Wade Street And Sherry Avenue With An FDOT (Florida Department Of Transportation) Contribution Of $368,000.00. No discussion. CONSENT 201. Office Of The City Manager And Office Of The City Attorney Request The City Commission Consider Resolution 2008-51 Memorializing The Direction Given By The City Commission On October 20, 2008 Regarding The Investment Of The City's Surplus Funds. As stated earlier in the Meeting, this Agenda Item was moved to the Regular Agenda. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 27, 2008 PAGE 4 OF 25 CONSENT 202. Not Used. CONSENT 203. Police Department Requesting Commission Approval For A Supplemental Appropriation From The General Fund Reserve Funds To Purchase A 2009 Ford Explorer 4x4 Vehicle. This Is A Replacement Vehicle For A 2003 Chevrolet Impala That Was A Total Loss Due To Damage Responding During A Tropical Storm. This Agenda Item was not discussed. CONSENT 204. Information Services Department Requests Commission Authorization To Pay The Accela Annual Maintenance And Support Contract In The Amount Of $41,689.86. There was no discussion on this Agenda Item. CONSENT 205. Office Of The City Clerk Approval Of The October 13, 2008 City Commission Regular Meeting Minutes. No discussion. CONSENT 206. Office Of The City Clerk Approval Of The October 20, 2008 City Commission Special Meeting Minutes. This Agenda Item was not discussed. Mayor Bush asked for aMotion - "Consent then, with the exception of `201' which is now on the Regular Agenda?" "MOTION TO APPROVE" [CONSENT AGENDA WITH THE EXCEPTION OF CONSENT `201']. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 27, 2008 PAGE 5 OF 25 VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Presentation From Seminole County Mr. Edward Horvath, Program Manager, Seminole County Public Works Department Wishes To Address The Mayor And City Commission About The Status Of Mosquito Control In Seminole County. Mr. Edward S. Horvath, Mosquito Control Program Manager, Seminole County Mosquito Control, Public Works Department, 177 Bush Loop, Sanford, Florida: addressed the City Commission on Seminole County's Mosquito Control Program. Much discussion. Mr. Horvath noted, "If you -have got any questions, please call. If any of your residents if they have questions, if they have concerns, you could email us, call us, fax us - anytime they could call up and we would welcome their calls." Mayor Bush asked Mr. Horvath, "If a citizen calls you, do you respond to that person?" Mr. Horvath replied, "Yes." With further discussion, Mr. Horvath explained, "If you guys get the calls, or if I get the calls, they are coming back to you because we're reporting all the information. If it's a call from you or a call straight to us, we're reporting the information in our database and sending out an inspector to go look." Discussion. Mayor Bush suggested that something be added to our Website to direct citizens to contact Seminole County on mosquito problems. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 27, 2008 PAGE 6 OF 25 REPORTS REPORTS 400. Office Of The City Attorney -Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager -Ronald W. McLemore No Report. REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, MMC City Clerk Andrea Lorenzo-Luaces asked the Commission for direction on the details for the Swearing in of new Elected Officials. Discussion. "I WILL MAKE A MOTION THAT FOR INAUGURATION, WE HAVE IT ON DECEMBER 8TH (2008), PRIOR TO THE MEETING..." MAYOR BUSH ASKED, "...WHEN YOU SAY PRIOR TO, DO YOU MEAN THE FIRST THING OR ACTUALLY START BEFORE 5:15 [P.M.] - DO YOU MEAN THE FIRST THING THAT WE DO..." COMMISSIONER KREBS CONTINUED, "...THE FIRST THING THAT WE DO, HOWEVER LONG THAT TAKES, AND WE HAVE A RECEPTION OF CAKE, PUNCH, COFFEE; AND THE COLOR GUARD POSSIBLY, THE SINGING OF THE NATIONAL ANTHEM." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR BUSH SAID, "THE MOTION IS THAT WE DO HAVE A SWEARING IN CEREMONY FOR THE ELECTED PEOPLE ON DECEMBER THE 8TH (2008), AT OUR FIRST MEETING, STARTING AT 5:15 [P.M.]. THAT WOULD INCLUDE A COLOR GUARD, A CAKE, SOME PUNCH, COFFEE, AND THE NATIONAL ANTHEM." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 27, 2008 PAGE 7 OF 25 COMMISSIONER KREBS ADDED, "COULD I ALSO ADD TO THAT, THAT THE FAMILIES HAVE AMOMENT -THIS PARTICULAR EVENT WOULD INCLUDE THE FAMILIES..." MAYOR BUSH REMARKED, "...SURE. WE HAVE ALWAYS DONE THAT, RECOGNIZED THEIR FAMILIES." COMMISSIONER KREBS ADDED, "AND THE FAMILIES MIGHT HAVE SOMETHING TO SAY." MAYOR BUSH ASKED COMMISSIONER BROWN, "DO YOU HAVE ANY OBJECTION TO WHAT THE COMMISSIONER JUST SAID, IN ADDITION?" COMMISSIONER BROWN STATED, "ABSOLUTELY NOT." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REPORTS 403. Commission Seat Four -Sally McGinnis No Report. REPORTS 404. Commission Seat Five -Joanne M. Krebs Brief comments. REPORTS 405. Office Of The Mayor -John F. Bush Mayor Bush mentioned a request from the Winter Springs High School for the City Commission to advertise in their yearbook. Brief discussion. Commissioner Robert S. Miller stated, "I personally will make a check out for a hundred and twenty-five dollars ($125.00), if somebody else wants to make the other hundred and twenty-five [dollars] ($125.00), we can come up with two [hundred] fifty [dollars] ($250.00 for half a page, and I will make it on behalf of the City, not myself." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 27, 2008 PAGE 8 OF 25 Mayor Bush asked, "Can we come up with a hundred and twenty-five dollars ($125.00)?" No objections were noted. "I MAKE A MOTION THAT I WILL CONTRIBUTE ONE HUNDRED TWENTY-FIVE DOLLARS ($125.00) IF THE OTHER COMMISSIONERS WILL MAKE UP THE BALANCE FOR A HALF PAGE AD WHICH WILL BE TWO HUNDRED AND FIFTY [DOLLARS] ($250.00) TOTAL." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Commissioner Sally McGinnis asked City Clerk Lorenzo-Luaces, "Will you give us a reminder?" City Clerk Lorenzo-Luaces stated, "Sure." Mayor Bush added, "I will contact him tomorrow and let him know, and Andrea (Lorenzo-Luaces) in terms of what we actually put on it, I guess that is something we have got to decide what -maybe we can see what we have done in the past. I think normally, `Congratulations Seniors'; something to that effect, from the -Winter Springs citizens and Commission, something to that effect; and put Mr. Miller's name first." Mayor Bush then asked the City Commission about renewing the National League of Cities membership. "MOTION TO APPROVE THE MEMBERSHIP FOR -THREE THOUSAND TWO HUNDRED -AND FIFTY-EIGHT DOLLARS ($3,258.00)." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: NAY COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 27, 2008 PAGE 9 OF 25 Commissioner McGinnis then stated, "Can we have on the Agenda, at the next Meeting, something about making it available to our citizens -they are offering a -Medical Prescription Plan to member cities of the National League of Cities." Mayor Bush said to City Clerk Lorenzo-Luaces, "If you will remind me, I will call them before the week is over." Manager McLemore stated, "We have the information and we're trying to evaluate it right now." Mayor Bush then said to Manager McLemore, "Why don't you evaluate it and bring it back to the Commission at a future Meeting and see if we need to let the people of Winter Springs know about it?" As to a Consensus, Commissioner Krebs commented, "I consent." Commissioner McGinnis stated, "Yes, I think it is worth looking into." No objections were voiced. Furthermore, Mayor Bush explained, "The suggested Consensus is that the Manager evaluates the prescription drug program offered by the National League of Cities, bring it back to the Commission at a future date to see if it is something that we want to advertise in the City." Mayor Bush asked, "Everybody in agreement?" Commissioner Krebs stated, "Yes." Commissioner McGinnis remarked, "Yes." No objections were noted. Mayor Bush then asked the City Commission about renewing the membership with the Oviedo-Winter Springs Regional Chamber of Commerce. Ms. Maria Fair, 1207 Trotwood Boulevard, Winter Springs, Florida: as the Vice President of Membership for the Oviedo-Winter Springs Regional Chamber of Commerce, Ms. Fair commented on membership levels. Discussion. "I MAKE A MOTION THAT WE RE-UP FOR A SECOND YEAR AT OUR CURRENT LEVEL." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "THAT WOULD BE THE TRUSTEE MEMBERSHIP, BECAUSE THAT IS OUR CURRENT LEVEL." SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: NAY DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 27, 2008 PAGE 10 OF 25 REPORTS 406. Commission Seat One -Robert S. Miller No Report. Tape 1/Side B REPORTS 407. Commission Seat Two -Rick Brown Commissioner Rick Brown commented on a recent email from City Clerk Lorenzo- Luaces related to upcoming Appointments to the Board of Trustees. "I WOULD LIKE TO MAKE A MOTION THAT THE COMMISSION ADOPT - WHATEVER THEY NEED TO ADOPT SO THAT WE DO OUR BOARD OF TRUSTEE APPOINTMENTS AFTER THE NEW COMMISSION IS SEATED, AND NOT BEFORE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH NOTED, "THE MOTION IS THAT THE APPOINTMENTS TO THE BOARD OF TRUSTEES WILL BE MADE ACTUALLY BY THE FIRST MEETING IN JANUARY [2009]." SECONDED BY COMMISSIONER KREBS WHO ALSO STATED, "OKAY." MAYOR BUSH ASKED COMMISSIONER BROWN, "IS THAT OKAY?" COMMISSIONER BROWN STATED, "YES." VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REPORTS 408. Commission Seat Three/Deputy Mayor -Donald A. Gilmore No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 27, 2008 PAGE 1 I OF 25 • • AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORTS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. • • REPORTS REPORTS 405. Office Of The Mayor -John F. Bush Mayor Bush then asked the City Commission about the City renewing his membership with the Florida League of Mayors and stated the Fee for this was "Seven hundred and forty-five dollars ($745.00) a year." "I MAKE A MOTION FOR APPROVAL." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REPORTS 404. Commission Seat Five -Joanne M. Krebs Commissioner Krebs referenced a recent letter from the Meals on Wheels organization. Discussion. "I MAKE A MOTION THAT WE BRING THE MEALS ON WHEELS BACK FOR DISCUSSION -AND CONSIDERATION." MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: NAY MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 27, 2008 PAGE 12 OF 25 Much discussion. "I WILL MAKE A MOTION THAT WE ALLOCATE FIVE THOUSAND DOLLARS ($5,000.00) THIS YEAR FROM THE CITY FOR MEALS ON WHEELS FOR WINTER SPRINGS RESIDENTS." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: NAY COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: NAY MOTION DID NOT CARRY. PUBLIC INPUT Ms. Mary Alice Wilder, 710 Boysenberry Court, Winter Springs, Florida: as part of an Events Committee, Ms. Wilder spoke on the Rotary Club's Mardi Gras event and asked the City Commission to support their efforts. With discussion, Mayor Bush asked Ms. Wilder, "Are you asking the City to put up money?" Ms. Wilder responded, "No, no money." Continuing, Ms. Wilder stated, "We're not asking for any money; we're just asking for your blessing." Mayor Bush added, "Why don't you add Meals on Wheels to that list?" Ms. Wilder, "I have a note here and that's the next thing I am going to ask." Furthermore, Mayor Bush inquired, "What are you asking of the Commission tonight?" Ms. Wilder stated, "To give the Events Committee your okay for this Event." Additionally, Ms. Wilder remarked, "Basically all we're asking from you is the okay to proceed." Discussion. Mayor Bush said, "So, what Mary Alice (Wilder) is asking for if I understand Mr. McLemore right is for the Commission to direct Staff to work with the Winter Springs Rotary Club - on this Event..." Manager McLemore noted, "...If this is something you want to happen in your City?" Commissioner McGinnis said to Ms. Wilder, "I would not like to mix all these sponsorships in one pot -for the Rotary and for the City." Ms. Wilder explained, "It's separated. It's two (2) different things." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 27, 2008 PAGE l3 OF 25 Mayor Bush remarked, "Consensus everybody?" No objections were voiced. Mayor Bush continued, "The Consensus is that Mary Alice's (Wilder) committee will work with the Manager and Chuck (Pula, Director, Parks and Recreation Department)." Commissioner McGinnis stated, "Good." Commissioner Miller commented, "Yes." No objections were noted. Mayor Bush added, "And the Manager will at some point bring it back to the Commission; keep us informed." Mayor Bush then said Commissioner Brown, "I did not ask for your Consensus on that, so I hope you agreed?" Commissioner Brown stated, "Yes I did." Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: commented on the Sunshine Law. Much discussion followed on the Sunshine Law. Tape 2/Side A Further discussion continued on Sunshine Law related issues. Ms. Denise Ryser, 1707 Littleton Court, Winter Springs, Florida: commented that some Winter Springs High School students attend other High Schools and that the City Commission should not forget supporting those students. Mayor Bush called a Recess at 6: 57 p. m. The Regular Meeting was called back to Order at 7.•08 p. m. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing For Second Reading/Adoption Of Ordinance 2008-18, A Small Scale FLUM (Future Land Use Map) Amendment Changing The Future Land Use Map Designation Of A 7.06 Acre Parcel, Located At 1072 West SR (State Road) 434 (East Of SR [State Road] 417), From (Seminole County) "Commercial With Conservation Overlay" To (City Of Winter Springs) "GreeneWay Interchange District With Conservation Overlay". City Attorney Anthony A. Garganese read the Ordinance by "Title" only. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 27, 2008 PAGE 14 OF 25 Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Montje S. Plank, P.E., Senior Vice President, Central Florida Land Design Corporation, S00 North Maitland Avenue, Suite 110, Maitland, Florida: briefly addressed the City Commission and mentioned he is the Applicant also for the next Agenda Item. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE" [ORDINANCE 2009-18]. 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. PUBLIC HEARINGS 501. Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing For Second Reading/Adoption Of Ordinance 2008-19 Which Rezones 7.06 Acres (More Or Less), Located At 1072 West SR (State Road) 434 (East Of SR [State Road] 417), From "A-1" Agricultural (Seminole County) To "GreeneWay Interchange District" (City Of Winter Springs). Attorney Garganese read Ordinance 2008-19 by "Title" only. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department briefly addressed the City Commission and stated, "The Findings still stand." Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input "portion of the Agenda Item. Commissioner Miller remarked, "I asked Staff last time to make sure that you approach the County at some point on the PUD (Planned Unit Development) sliver up there." Ms. Sahlstrom noted, "Yes, "I have got it in my to-do pile." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 27, 2008 PAGE I S OF 25 Brief discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH NOTED, "MOTION TO APPROVE -ORDINANCE 2009-19." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing For Second Reading/Adoption Of Ordinance 2008-23, Adopting A Small Scale FLUM (Future Land Use Map) Amendment Changing The Future Land Use Map Designation Of 2.6 Acres More Or Less, Located Off Of Shore Road, Between Seville Chase And Winding Hollow Subdivisions, From (Winter Springs) "Public/Semi-Public" To (Winter Springs) "Rural Residential". Ms. Sahlstrom noted, "The Findings still stand." Mayor Bush opened the "Public Input "portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush re-opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed this "Public Input" portion of the Agenda Item. "MOTION TO APPROVE" [ORDINANCE 2009-23]. MOTION. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 27, 2008 PAGE 16 OF 25 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing For Second Reading/Adoption Of Ordinance 2008-24, Adopting A Small Scale FLUM (Future Land Use Map) Amendment Changing The Future Land Use Map Designation Of 7.64 Acres More Or Less, Located Adjacent To The City's West Effluent Disposal Site, From (Winter Springs) "Rural Residential With Conservation Overlay" To (Winter Springs) "Public/Semi-Public With Conservation Overlay". Attorney Garganese read Ordinance 2008-24 by "Title" only. Brief discussion. Ms. Sahlstrom remarked, "The Findings still stand." Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE" [ORDINANCE 2009-24]. MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF W[NTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 27, 2008 PAGE 17 OF 25 PUBLIC HEARINGS 504. Community Development Department Requests That The City Commission Hear The Request For A Waiver From The 25 Foot Front Yard Setback Set Forth In Section 20-211. Of The City Code, Pursuant To The Waiver Criteria And Procedure Detailed In Section 20-34., To Allow A Daycare Center To Be Constructed At 135 Excelsior Parkway, Within 15 Feet Of The Private Right-Of--Way (ROW). Mr. John Baker, AICP, Senior Planner, Community Development Department addressed the City Commission on this Agenda Item and Request. 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. Brief discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH REMARKED, "MOTION TO APPROVE ITEM `504' BY COMMISSIONER McGINNIS WHICH IS APPROVING THE REQUEST FOR A WAIVER." VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 505. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 27, 2008 PAGE l8 OF 25 PUBLIC HEARINGS 506. Office Of The City Attorney Requests That The City Commission Adopt Ordinance Number 2008-27, Red Light Infractions, On Second Reading. Attorney Garganese read Ordinance 2008-27 by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Matt Matisak, 794 Seneca Meadows Road, Winter Springs, Florida: commented on a Hearing Officer as referenced in the Ordinance and suggested that the Code Enforcement Board be used instead of a Hearing Officer. The "Public Input" portion of the Agenda Item was closed. Much discussion ensued. Mr. Matisak further addressed the City Commission about the Code Enforcement Board assisting with such cases. Further discussion. "I WOULD LIKE TO MAKE A MOTION TO AMEND THE ORDINANCE TO HAVE THE CODE [ENFORCEMENT] BOARD - AS THE BOARD THAT IT GOES TO. I WOULD LIKE TO TRY THAT AND SEE HOW THAT WORKS OUT. IF IT DOESN'T WORK OUT, THEN I THINK WE COULD GO TO THE ALTERNATIVE WHICH WOULD BE THE -SPECIAL HEARING OFFICER - OR MAGISTRATE, WHATEVER YOU CALL IT." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. ATTORNEY GARGANESE EXPLAINED, "THERE WOULD BE AN AMENDMENT TO SECTION - 12-95. -THE REFERENCE TO HEARING OFFICER WILL BE CODE [ENFORCEMENT] BOARD." CONTINUING, ATTORNEY GARGANESE REMARKED, "12-96. WOULD HAVE TO BE DELETED; 12-97. - WOULD BE REFERRALS TO THE CODE [ENFORCEMENT] BOARD; IT WOULD READ `THE CITY COMMISSION MAY DETERMINE THAT MATTERS WILL BE REFERRED TO THE CODE BOARD FOR DETERMINATION' ETC., ETC. THE RULES OF PROCEDURE RELATING TO THE MATTER REFER TO THE CODE BOARD SHALL BE SET FORTH IN RULES AND PROCEDURES APPROVED BY THE CITY COMMISSION AND DELETE THE REMAINING LANGUAGE. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 27, 2008 PAGE 19 OF 25 RULES AND PROCEDURES WOULD NOT BE UNLIKE WHAT THE CODE BOARD HAS PREVIOUSLY DONE WHEN THEY PUT TOGETHER THEIR ADMINISTRATIVE RULES -WE'LL HASH OUT SOME RULES AND RUN THEM BY THE COMMISSION AND YOU ALL APPROVE THEM AND THAT WILL BE LIKE THE HEARING PROCEDURE FOR THIS TYPE OF VIOLATION." MAYOR BUSH SUGGESTED, "WE GIVE THIS SIX (6) MONTHS ONCE THE RED LIGHTS ARE UP TO SEE EXACTLY HOW IT GOES WITH THE CODE [ENFORCEMENT] BOARD AND THEN BRING IT BACK FOR -LET THE CODE [ENFORCEMENT] BOARD BRING IT BACK AT SOME POINT FOR THE COMMISSION'S REVIEW TO SEE IF THIS IN FACT IS WORKING THE WAY THAT WE THINK IT SHOULD." "I AMEND THAT TO INCLUDE THE SIX (6) MONTH EVALUATION." AMENDMENT TO THE MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: (ON THE AMENDMENT TO THE MOTION) DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. FURTHER DISCUSSION FOLLOWED WITH CAPTAIN GLENN TOLLESON, CODE ENFORCEMENT BUREAU, POLICE DEPARTMENT. MAYOR BUSH ASKED ATTORNEY GARGANESE, "DO WE HAVE TO RE- ADVERTISE THIS?" ATTORNEY GARGANESE RESPONDED, "NO. IT IS STILL KEEPING WITH THE INTENT AND PURPOSE -MEANING OF THE ORDINANCE." VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 27, 2008 PAGE 20 OF 25 REGULAR AGENDA (PART II) REGULAR 600. Not Used. REGULAR 601. Not Used. REGULAR 602. Community Development Department Requests The City Commission Consider The Ladybird Academy Preliminary Engineering/Site Plan, Located On The North Side Of SR (State Road) 434, Immediately East Of The South Seminole Christian Church And South Of The Barrini=ton Estates Subdivision. Tape 2/Side B Mr. Baker introduced this Agenda Item for discussion and stated, "We recommend Approval subject to a Traffic Study with the Final Engineering as required by Code and that when the Final Approval comes through that we do an Amendment to the Development Agreement to waive the masonry wall." "MOTION TO APPROVE INCORPORATING THE RECOMMENDATIONS FROM STAFF." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH STATED, "MOTION TO APPROVE THE PRELIMINARY ENGINEERING SITE PLAN WITH THE CAVEAT THAT MR. BAKER MENTIONED ABOUT THE TRAFFIC STUDY..." COMMISSIONER McGINNIS ADDED, "...AND THE WALL." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 27, 2008 PAGE 21 OF 25 •• AGENDA NOTE: THE FOLLOWING AGENDA ITEM, PREVIOUSLY LISTED ON THE CONSENT AGENDA AS CONSENT AGENDA ITEM "201", WAS DISCUSSED NEXT, AS DOCUMENTED. • • FORMERLY LISTED ON THE CONSENT AGENDA Office Of The City Manager And Office Of The City Attorney Request The City Commission Consider Resolution 2008-51 Memorializing The Direction Given By The City Commission On October 20, 2008 Regarding The Investment Of The City's Surplus Funds. Much discussion. Commissioner Brown mentioned that the Policy is a living document. Mr. Steven Alexander, Managing Director, CTP, CGFO, The PFM Group, 300 South Orange Avenue, Suite 1170, Orlando, Florida: addressed the City Commission and spoke for the Record on what cities they have not been Investment Advisors to; the State Board of Administration; and legal obligations. Commissioner Krebs asked, "When I spoke to you about the Resolution, you were telling me that really wasn't necessary; that we could just do this by actually changing our Policy. Is that what you are saying?" Mr. Alexander stated, "Through a Resolution yes. But amending the Investment Policy - what I have not seen, and I apologize if it's not available, but the actual Policy is not being noted in this Resolution, in the section that you are trying to amend. So, really, the goal would be to amend the Investment Policy directly and you can do it through this document." Commissioner Krebs added, "Just change this document to say that?" Mr. Alexander remarked, "That's all." Further discussion followed. Tape 3/Side A Commissioner Brown noted, "On the 24`h of this month, the SEC (Securities and Exchange Commission) has also granted the Reserve to freeze -actually to suspend the right of redemption of any kind in the state specific Municipal Money Fund and also the Reserve -Fund which as I believe, those are - I don't believe there is another Fund other than the one that we're in that, managed by the Reserve now that isn't frozen, in process of liquidation, otherwise encumbered; and if that is not a textbook description of a custodial risk, I don't know what is. So, I would like us to reconsider the discussion we had at the last Meeting based on what happened after the last Meeting, or whether we really want to keep that money in the Reserve Fund through the middle of December or whether it is not going to be more prudent for us to decide to do something with it sooner than that." Mayor Bush noted, "What Mr. Brown is referring to is actually under SECTION 1. (a)." Mayor Bush added that he agreed with what Commissioner Brown had just said. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 27, 2008 PAGE 22 OF 25 Discussion. Commissioner Krebs asked Mr. Alexander, "On your suggestion, if you were to change the Resolution, what would you say?" Mr. Alexander remarked, "I would simply go add a section here when we talk about the use of the Money Market Funds, is amend the specific Money Market Funds section of your current Investment Policy to whatever level that you so desire to have the Money Market Funds available to." Continuing, Commissioner McGinnis asked Mr. Alexander, "Do you think that it is prudent then and it would make sense for us to pass this Resolution as it is, until and we are going out for a RFP (Request For Proposal) -and then to revisit this after we have that Consultant?" Mr. Alexander commented, "I would just make the additional change I just talked about." Furthermore, Mr. Alexander explained, "If you are going to go out and buy Treasuries directly, you would need to get three (3) quotes to be in compliance with your Investment Policy, because you want to ensure that you are getting the best price for those Treasuries." Mr. Alexander then suggested, "What you want to do is obtain three (3) quotes, from different Brokers, for the same Treasuries and get it for the best price. And, then those Securities will be delivered to one (1) institution as your Custodian; and you should have a third party Custodial Agreement and that party will then hold the Securities for your benefit. You don't want the Brokers to hold the Securities; you want a separate Custodian; and that is another safeguard for you." Manager McLemore remarked, "We have already initiated that process." Discussion followed on SECTION 1. and third party custody services. Mr. Alexander noted, "Get the Custodial Agreement in place, so that you don't have any hiccups -you can wire the money right from the Reserve Fund, to your new Custodian." With further discussion, Mr. Alexander then said, "I would work on getting a Custodial Agreement in place as quickly as possible so that you have it there, and then when the cash becomes available, then you go out and buy Treasuries." Manager McLemore added, "And, that is exactly what you all said last time." Commissioner McGinnis commented, "That is right." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 27, 2008 PAGE 23 OF 25 Mayor Bush remarked, "Commissioner Brown has made a comment, which I also did concerning SECTION 1. - (a); do you wish to leave it as it sits, or do you want to change it?" Commissioner Krebs stated, "I don't trust the company." Furthermore, Commissioner Krebs remarked, "I am saying, as soon as we can get it out, get it out." Commissioner Brown stated, "I would like to see us draw down the cash value of what is in the account at the earliest possible opportunity; and supplement it with the purchase of Securities and hold them in an authorized institution." Mayor Bush commented, "If this were my account, I would be on the phone tomorrow." Deputy Mayor Donald A. Gilmore commented, "I can support pulling the Funds, but until we have a Custodial Agreement with somebody to take those funds, what are we going to do with them?" Manager McLemore stated, "What you're saying now, is be prepared to take them at the earliest possible moment." Additionally, Manager McLemore commented, "We will be moving along now as rapidly as possible to make that happen." Deputy Mayor Gilmore stated, "Okay." With further comments, Manager McLemore said, "We will try to speed it up." Discussion continued. Attorney Garganese explained that regarding the re-write of SECTION 1. (a), and stated, "The City Manager shall notify the reserve that the City intends to promptly withdraw its deposits as soon as the City Manager completes a Custodial contract for holding the direct negotiable obligations of the U.S. Treasury or needed for operational purposes whichever occurs first, and then striking the language - in the middle of December 2008." Furthermore, Attorney Garganese noted, "And the next sentence would stay the same. The next two (2) sentences would have to go in the Interest bearing Checking Account." "MOTION TO APPROVE AS THE CHANGES ARE SHOWN." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH REMARKED, "THE MOTION IS TO APPROVE THE MODIFICATIONS, SECTION 1. (a) AS ANTHONY (GARGANESE) HAS PRESENTED ON THE SCREEN AND JUST READ. THAT IS THE MOTION." SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 27, 2008 PAGE 24 OF 25 MR. ALEXANDER SAID, "YOU WILL CONTACT THE RESERVE FUND; YOU WILL ASK FOR A WITHDRAWAL, AND IF IT IS GOING TO BREAK THE BUCK, THEY ARE NOT GOING TO GIVE IT TO YOU." ADDITIONALLY, MR. ALEXANDER EXPLAINED, "YOU DON'T NEED PRE-NOTIFICATIONS." FURTHER DISCUSSION. COMMISSIONER BROWN SAID, "I JUST WANT TO MAKE SURE THAT IF THIS RESOLUTION DOES MODIFY THE INVESTMENT POLICY IN ANY WAY, THAT THE INVESTMENT POLICY ITSELF IS UPDATED AND POSTED ON THE WEB AS NECESSARY." MAYOR BUSH SAID, "I THINK THAT THIS IS ACTUALLY A MODIFICATION TO THE INVESTMENT POLICY." ATTORNEY GARGANESE NOTED, "YES." MAYOR BUSH THEN SUGGESTED, "SO, IT IS A MODIFICATION AND I THINK WE ARE POSTING IT ON THE WEBSITE - THE ORIGINAL AS WELL AS THIS; IF IT IN FACT PASSES, WOULD BE I THINK, WHAT MR. BROWN IS ASKING FOR." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Mayor Bush remarked about his letter and stated, "I am going to rewrite that letter." Furthermore, "I think it is more important right now that we tell the citizens what we did tonight." Commissioner McGinnis added, "I agree." Commissioner Krebs stated, "Okay." Continuing, Mayor Bush commented that "I want to get it out there as soon as possible, so what I will do is ask the Clerk to forward it to you and if you -really object, let her know - I am going to do it right away." Commissioner McGinnis suggested that Mayor Bush give them a time limit. Lastly, Mayor Bush suggested, "I think this is important enough that she calls you to make sure that you have read it." Mayor Bush added, "If you have no objection, the landscape issue will stand as it is written." CITY OF W[NTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 27, 2008 PAGE 25 OF 25 ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 9:06 p.m. RESPECTFULLY SUBMITTED: i AND A LORENZO-LUACES, MMC CITY. CLERK AP~?ROVEIU, . ~~~~~~ J:~' ~ ~- .~ - • .. ~ ~-~ ~`IOR JOHN F. BUSH NOTE: These Minutes were approved at the November l0, 2008 Regular City Commission Meeting.