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HomeMy WebLinkAbout_2009 11 09 City Commission Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING NOVEMBER 9, 2009 CALL TO ORDER The Regular Meeting of Monday, November 9, 2009 of the City Commission was called to Order by Mayor John F. Bush at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Joanne M. Krebs, present Commissioner Jean Hovey, present Commissioner Rick Brown, present Commissioner Gary Bonner, present Commissioner Sally McGinnis, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present A moment of silence was held, followed by the Pledge of Allegiance AWARDS AND PRESENTATIONS - PART I AWARDS AND PRESENTATIONS 300. Office Of The City Manager And Office Of The Police Chief Presenting To The Mayor And City Commission The Graduating Class From The Inaugural Winter Springs Police Department Citizen's Academy. Mayor Bush, the City Commission, City Manager Kevin L. Smith and Chief of Police Kevin Brunelle, and Captain Kevin Presley presented Certificates to the Graduation Class of the Inaugural Winter Springs Police Department Citizen's Academy. The individuals that completed the program included: Commissioner Gary Bonner, Mr. Gary Brook, Ms. Mary Brook, Mr. Joseph Carbona, Ms. Pamela Carroll, Mr. Stephen Colosi, Ms. Barbara Croswell, Mr. Fred Curtis, Ms. Holly Foster, Ms. Sally Hamby, Mr. Chip Harker, Mr. Robert Henderson, Ms. Maria Hernandez, Mr. Robert Johnson, Mr. Thomas Kravets, Mr. Paul Krebs, Mr. Charles Lacey, Mr. Terry Matheny, Mr. Ricardo Munoz, Ms. Gail Nagan, Mr. James Pitts, Ms. Kris Sayre, Ms. Carole Sienko, Ms. Elsa "Louise" Toble, Mr. John Tripp, Mr. Albert Van Horn, Ms. Betty Weidler, and Mr. Dow Weidler. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - NOVEMBER 9, 2009 PAGE 2 OF 20 Discussion. 4.4. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEMS WERE DISCUSSED, BUT NOT NECESSARILY IN THE ORDER DOCUMENTED. 4.4. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. INFORMATIONAL 101. Community Development Department Requests The City Commission Review The Compiled List Of Directives And Priorities Derived From The Recently Adopted Comprehensive Plan. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department addressed questions on this Agenda Item. Commissioner Bonner inquired, "Will there be a periodic update provided to us on the Commission as the year progresses as you try to wrap all this up ?" Ms. Sahlstrom responded, "I think that would be a good idea." INFORMATIONAL 102. Police Department Providing Information To The Commission Concerning Its Award For Re- Accreditation From The Commission For Florida Law Enforcement Accreditation. Deputy Mayor Joanne M. Krebs stated, "I just wanted to congratulate the Police Department. Kevin (Brunelle), well done! Discussion followed with Chief Brunelle. Deputy Mayor Krebs added, "Good job and congratulations!" CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - NOVEMBER 9, 2009 PAGE 3 OF 20 INFORMATIONAL 103. Parks And Recreation Department Wishes To Inform The City Commission Regarding The Expenses/Revenue And Project Summary From The 2009 Hometown Harvest Special Event. Commissioner Sally McGinnis stated, "This is a great report Chuck (Pula) — you should put it in the Lobby." Commissioner Bonner remarked, "I would also like to extend my heartfelt congratulations!" Mr. Chuck Pula, Director, Parks and Recreation Department spoke of additional monies still coming in. INFORMATIONAL 104. Public Works Department Providing The City Commission With A Status Update Regarding Paving Of The Existing Dirt Roads In The Ranchlands. Commissioner Bonner addressed Mr. Brian Fields, P.E., City Engineer, Public Works Department and noted, "I specifically want to compliment you on the outstanding letter that was sent to all of the impacted residents in the re- paving project." Furthermore, Commissioner Bonner then suggested something similar should have been done with the recent Reclaimed Water customers. "MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - NOVEMBER 9, 2009 PAGE 4 OF 20 CONSENT AGENDA CONSENT 200. Community Development Department — Urban Beautification Services Division Requesting Consent From The City Commission For The City Manager To Contract With LSP Nursery, Inc., In The Amount Of $63,635.57, For The Tuscawilla Lighting And Beautification District (TLBD) Irrigation Retrofit Project (ITB [Invitation To Bid] 017 /09 /SR). There was no discussion on this Agenda Item. CONSENT 201. Utility Department Requesting Authorization For Emergency Repairs To The Sanitary Sewer System. No discussion. CONSENT 202. Police Department Requests The Commission To Give Approval To Expend $3,850.00 From The Local Law Enforcement Trust Fund For The Purchase Of Various Items That Support Community Services Projects. Discussion ensued with Chief Brunelle. CONSENT 203. Office Of The City Manager Requesting The Commission To Consider Recommendation From The Pension Board Of Trustees To Award RFP (Request For Proposal) 021 /09 /JD For Pension Actuarial Services To Gabriel, Roeder, Smith, & Company. Discussion. CONSENT 204. Police Department Requesting Commission Approval To Utilize Garber Chevrolet Via Florida Sheriffs Bid Process In The Amount Of $56,172.00 For 3 Police Vehicles. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - NOVEMBER 9, 2009 PAGE 5 OF 20 CONSENT 205. Police Department Requests To Utilize DGG Taser And Tactical Supply, Via State Contract Number 680 - 050 -10 -1, For The Purchase Of Twenty -Eight (28) New Taser Electronic Restraint Protection Devices And 100 Training Cartridges In The Amount Of $25,025.00. Discussion followed with Chief Brunelle. CONSENT 206. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. Commissioner Bonner asked Manager Smith about the Surplus Assets listing and the recently approved use of eBay for auctioning items and noted these items from this Agenda Item did not appear on the attached Disposition sheets. Manager Smith explained, "You will have a more complete form next time to identify those items that again will be disposed of by that method." Commissioner Bonner added, "So, we will have traditional method — auction, eBay, so we can have an understanding of which auction vehicle is being used." Manager Smith stated, "Yes." CONSENT 207. Public Works Department Requesting Authorization To Purchase One (1) Medium Duty Truck By Piggybacking Off Of Florida Sheriffs Association Bid #09 -17 -0908. There was no discussion on this Agenda Item. CONSENT 208. Office Of The Mayor And City Commission Requesting Approval Of Resolution Number 2009 -56, Expressing Appreciation To Mr. Dale Kirby For His Service On The Code Enforcement Board. No discussion. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - NOVEMBER 9, 2009 PAGE 6 OF 20 CONSENT 209. Office Of The City Clerk Requesting Approval Of The October 26, 2009 Regular City Commission Meeting Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE" (CONSENT AGENDA). MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS - PART II AWARDS AND PRESENTATIONS 301. Office Of The Mayor Presenting A Proclamation Recognizing November 11, 2009 As Veterans Day. Mayor Bush read a Proclamation recognizing November 11, 2009 As Veterans Day. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese asked if each Commissioner received a copy of a letter he recently sent to Attorney Mike Jones regarding a Stormwater Case. No comments were noted. Further brief comments. REPORTS 401. Office Of The City Manager — Kevin L. Smith Manager Smith asked if the City Commission would like to consider whether or not to have a second Meeting in December 2009. Discussion. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - NOVEMBER 9, 2009 PAGE 7 OF 20 Brief comments followed. "MOTION TO NOT HAVE THE SECOND MEETING IN DECEMBER [201'09." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. COMMISSIONER McGINNIS ADDED, "UNLESS THE CITY MANAGER HAS AN EMERGENCY THAT HE FEELS PRUDENT THAT WE SHOULD COME TOGETHER." VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: NAY MOTION CARRIED. • • AGENDA NOTE: THE FOLLOWING REPORT WAS DISCUSSED NEXT, AND ALSO REFERENCED LATER IN THE MEETING, AS SHOWN ON PAGE 19 OF THESE MINUTES. • • REPORTS REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC City Clerk Andrea Lorenzo - Luaces brought up tentative Meetings between the City Commission and area Legislators and asked if they wished to continue trying to set up such Meetings. Commissioner McGinnis asked how much Staff time this has taken and noted, "I am not willing to keep beating on it." Deputy Mayor Krebs stated, "No. Don't spend any more time on it." Commissioner Rick Brown commented, "Absolutely not" and spoke for the Record on the priorities of those in Tallahassee. Next, Commissioner Bonner noted his frustrations but remarked, "I continue to believe it is important to interact with our Elected Officials at the State and Federal level. I think we continue to pursue this form of meeting, even though it may not necessarily in the future be with these same individuals. I think it is important that our City's issues and concerns are heard by our Elected Representatives in Tallahassee (Florida) and Washington (D.C.)." CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING — NOVEMBER 9, 2009 PAGE 8 OF 20 Mayor Bush asked City Clerk Lorenzo - Luaces if she had found a location for the upcoming December CALNO (Council of Local Governments in Seminole County) Meeting yet? City Clerk Lorenzo - Luaces briefly explained that nothing had been decided yet. Mayor Bush then commented, "Andrea (Lorenzo - Luaces) will let us all know when that is finalized." •:•• AGENDA NOTE: THE FOLLOWING REPORT WAS DISCUSSED NEXT, AND ALSO LATER IN THE MEETING, AS SHOWN ON PAGES 19 -20 OF THESE MINUTES. THE REMAINING "REPORTS" AND THE REST OF THE AGENDA FOLLOWS. •❖ REPORTS REPORTS 403. Commission Seat Three — Gary Bonner Commissioner Bonner commented on the feedback related to changes in Water and Reclaimed Water Rates. Tape 1 /Side B Discussion. Commissioner Bonner said to Manager Smith, "Do you have the authority - that you need within your customer service organization to deal with and potentially satisfy, and to render decisions if necessary, on a case -by -case basis, if necessary across 1,700 homes to deal with varying degrees of surprise; and trying to extend some form of relief for those people who are - unaware and therefore unable to change their consumptive behavior." Discussion ensued and Attorney Garganese suggested some payment relief on a temporary basis might be a possibility. Commissioner Bonner stated, "I am willing to give Anthony (Garganese) the time to do some homework and to Table this item to the end of the Meeting." No objections were voiced. REPORTS 404. Commission Seat Four — Sally McGinnis Commissioner McGinnis commented that residents should have some responsibility in finding out what is going on in the City. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - NOVEMBER 9, 2009 PAGE 9 OF 20 Next, Commissioner McGinnis asked if anything was being held on Veterans Day. Manager Smith mentioned that a Casselberry Veterans group would be holding a Ceremony in honor of Veteran's Day and it would be held at the Veteran's Memorial, this Wednesday, November 11, 2009 beginning around 6:15 p.m. to 6:30 p.m. Commissioner McGinnis commented on the need for wayfinding signs in the Town Center and suggested something come before the City Commission. Manager Smith stated, "It is on the radar." Commissioner McGinnis added that she thought it should be on the front burner. REPORTS 405. Commission Seat Five/Deputy Mayor — Joanne M. Krebs Deputy Mayor Krebs commented on an article she passed out related to commercial vacancy rates. Discussion followed on possibly suspending parking on City streets during the holiday season. "I WILL MAKE A MOTION TO GO AHEAD AND SUSPEND THE PARKING ON THE STREETS EFFECTIVE THE HOLIDAY SEASON WHICH WOULD INCLUDE THANKSGIVING WEEK THROUGH JANUARY - 3 [20101." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. Mayor Bush asked about communicating this with residents. Deputy Mayor Krebs and Commissioner McGinnis suggested the City's Website. Furthermore, regarding getting the word out, Captain Glenn Tolleson, Code Enforcement Bureau, Police Department stated, "I do do a lot of communications in parking areas, so — I will assure you, it will be out." Secondly, Deputy Mayor Krebs spoke to Commissioner Bonner about Elected Officials governing as a body. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING — NOVEMBER 9, 2009 PAGE 10 OF 20 Thirdly, Deputy Mayor Krebs brought up Regular Agenda Item "600" that was discussed at the last City Commission Meeting and comments followed on various aspects of the Town Center project. Discussion followed on possibly having a "roundtable" discussion with past Officials involved in the Town Center process; Consultants; businesses in the Town Center that have gone out of business; traffic; and possibly bringing in other Consultants who might be able to give their suggestions on improving the Town Center. Mayor Bush added, "I think that one other thing that Deputy Mayor Krebs is pointing out is that we don't want people bypassing Staff to come directly to the Commission..." Deputy Mayor Krebs noted, "...Yes..." Mayor Bush continued, "...Asking for a change." Additionally, Mayor Bush then remarked, "We want to listen to people that want to come and address the Commission but if the intent is just to bypass the rules when Staff doesn't agree, I think that the Manager needs to let the Commissioners know and we need to cut it off as quickly as possible because that is not the way we are going to get anything done. I have great confidence in Kevin (Smith) and the people that are in his areas that work with this. I think they are smart enough to figure it out and I think they know that the Commission will listen to their recommendations." Tape 2 /Side A REPORTS 406. Office Of The Mayor — John F. Bush Mayor Bush asked about a Town Center business that wanted to renew their lease and another business who wanted to expand, and who should they contact? Brief discussion. Regarding the new Management Company for the Town Center, Mayor Bush said to Manager Smith, "I think you should contact them." Mayor Bush also suggested, "If possible, get them here to talk to the Commission at some point." Manager Smith noted, "It is on my `To Do' list." REPORTS 407. Commission Seat One — Jean Hovey Commissioner Jean Hovey commented positively on the latest Leadership Seminole session. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - NOVEMBER 9, 2009 PAGE 11 OF 20 REPORTS 408. Commission Seat Two — Rick Brown Commissioner Brown spoke of the Vote made at the last City Commission Meeting related to the Farmer's Market; and whether the Vote was appropriate. Discussion. "I WILL MAKE THE MOTION THAT WE RECONSIDER OUR VOTE FROM THE LAST MEETING." MOTION BY COMMISIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MAYOR BUSH STATED, "THE MOTION IS TO RECONSIDER THE DECISION THAT THE COMMISSION MADE REGARDING THE FARMER'S MARKET." DEPUTY MAYOR KREBS ASKED MS. ANJIE FEDERICI ABOUT A BUSINESS PLAN THAT SHE HAD BEEN REQUESTED TO PROVIDE TO THE CITY AND INQUIRED, "WHEN DID YOU SUBMIT THAT ?" Ms. Anjie Federici, 752 Night Owl Court, Winter Springs, Florida: responded, "In the middle of September." DEPUTY MAYOR KREBS THEN NOTED, "THE FARMER'S MARKET WAS GOING TO BE HERE - OPERATIONAL IN OCTOBER, OCTOBER 1ST." DEPUTY MAYOR KREBS THEN COMMENTED TO MS. FEDERICI SAYING, "I WAS TOLD THAT YOU USUALLY SHUT DOWN FOR THE SUMMERTIME..." MS. FEDERICI STATED, "...NO." CONTINUING, DEPUTY MAYOR KREBS SAID TO MS. FEDERICI, "THEN IT WOULD GIVE YOU AN OPPORTUNITY TO WORK ON THE BUSINESS PLAN SO THAT IT WOULD BE READY, AND WE WOULD BE READY AND FUNCTIONAL OCTOBER 1ST." FURTHER DISCUSSION ENSUED ON LOCATIONS AND VENDORS. RELATED TO VENDORS, DEPUTY MAYOR KREBS INQUIRED ABOUT MASSAGES AND "LONGABERGER" BASKETS AND ASKED MS. FEDERICI, "WHAT IS THE CROSS MARKETING ON THAT ?" CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - NOVEMBER 9, 2009 PAGE 12 OF 20 MS. FEDERICI NOTED, "IT'S HOMEMADE ITEMS, HANDMADE ITEMS, HOMEGROWN ITEMS, AND PEOPLE THAT WANT TO PROMOTE THEIR BUSINESS." COMMISSIONER BROWN NOTED, "I AGREE WITH ALL THOSE EXCEPT THE LAST ONE, BECAUSE THEY WERE ALL PART OF THE CONVERSATION — THE PEOPLE WHO WANT TO PROMOTE THEIR BUSINESS WAS NOT A PART OF OUR ORIGINAL CONVERSATION AT ALL." DISCUSSION FOLLOWED ON PREVIOUS COMMENTS RELATED TO HAVING CRAFTS AT ONLY SPECIFIC TIMES OF THE YEAR. DEPUTY MAYOR KREBS THEN ASKED MS. FEDERICI, "ARE YOU STILL WANTING TO DO THE MARKET MANAGER PART, AND ARE YOU STILL WILLING TO DO IT HERE AT CITY HALL ?" MS. FEDERICI RESPONDED, "YES. I AM WILLING TO MOVE IT TO CITY HALL." FURTHER DISCUSSION. ATTORNEY GARGANESE SAID, "YOU HAVE DIRECTED STAFF TO GO OUT FOR A RFP (REQUEST FOR PROPOSAL) FOR A FARMER'S MARKET AND STAFF IS GOING TO DO THAT UNLESS YOU RESCIND THAT VOTE. WHETHER THAT ACTION WAS ILLEGAL, I KIND OF DISAGREE WITH THAT — IT IS A POLICY DECISION." DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. "MOTION TO NOT DO THE FARMER'S MARKET — LET ANJIE (FEDERICI) HAVE HER FARMER'S MARKET AND IF AT SOME FUTURE TIME WE DECIDE AS A CITY WE WOULD LIKE TO DO IT, IF MAYBE THERE IS NO SUCCESS HERE AND IT GOES AWAY THEN WE CAN DO IT AT THAT TIME - MY MOTION IS TO JUST TAKE IT OFF THE PLATE - AND REMOVE THE BANNERS AND LET THE BUSINESS GO THE WAY THE BUSINESS WANTS TO GO." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING — NOVEMBER 9, 2009 PAGE 13 OF 20 VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC INPUT Ms. Janet Megow, 100 -17 Moree Loop, Winter Springs, Florida: speaking as the President of the Highlands Homeowner's Association, Ms. Megow complimented several City Staff Members for their assistance and specifically recognized, Mr. Steve Richart, Mr. Mike Mingea, Chief Brunelle, Captain Chris Deisler, Corporal Allison Smith, and Mr. Kip Lockcuff. Mr. Arsenio Calle, 110 Arrowhead Court, Winter Springs, Florida: commented on the increased Reclaimed Water Rates. Ms. Carol Ziebarth, 400 LaVista Drive, Winter Springs, Florida: spoke of an accident related to wheelstops in the Town Center and suggested that wheelstops should be painted a bright color.. Tape 2 /Side B Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: commented on Sanitary Sewer on Sheoh Boulevard (and noted she would be willing to meet with the City on problem areas); City Commission Meeting times (and hoped that future City Commission Meetings begin at a different time); that the City Commission should not be the Development Review Committee for the Town Center; and the Farmer's Market. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department Requests That The Commission Hold A Public Hearing For Aesthetic Review Of The New Central Florida Regional Transportation Authority (LYNX) Prototype Bus Shelter For Use In Winter Springs. Ms. Sahlstrom introduced this Agenda Item and showed a proposed bus stop for the City Commission to consider. Discussion. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - NOVEMBER 9, 2009 PAGE 14 OF 20 Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Jeff Reine, Capital Planner, LYNX 455 North Garland Avenue, Orlando, Florida: briefly addressed the City Commission and mentioned a citizen who had to leave early, Ms. Mary Brooks, 606 Alton Road, Winter Springs, Florida had submitted a Public Input form. Mayor Bush closed the "Public Input" portion of the Agenda Item. Deputy Mayor Krebs stated, "Great job — good working with LYNX. It is really nice to see a great partnership that we have with them." Commissioner McGinnis added, "Absolutely." "I MOVE TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. MAYOR BUSH SUMMARIZED, "MOTION TO APPROVE AESTHETIC REVIEW." VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Community Development Department — Planning Division Request That The City Commission Provide Consensus On Preferred Bus Stop Shelter Locations, To Be Funded By Central Florida Transportation Authority (LYNX) Along The S.R. (State Road) 434 Crosstown Bus Route, Within Winter Springs. Regarding this Agenda Item, Ms. Sahlstrom began the discussion and reviewed a different hand -out which replaced the attachment in the Agenda Item. Ms. Sahlstrom explained, "We were looking at six (6) locations, so basically, what you will see is that the west bound ridership is heavier than the east bound ridership; but what we did is we selected three (3) sites for west and three (3) sites for east. So, we selected Edgemon (Avenue), and then Timberlane Trail which is the Harbor Winds area." Doran Drive was also noted. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - NOVEMBER 9, 2009 PAGE 15 OF 20 Continuing, Ms. Sahlstrom stated, "East bound Moss Road is by far the heaviest, then Hacienda Drive." Then, Ms. Sahlstrom noted, "Jesup's Reserve, at McLeod's Way which is in the Town Center." Referring to a map, Ms. Sahlstrom remarked, "I will tell you that LYNX has indicated that there is potential for maybe doing more than six (6)." Discussion followed on other possible locations and bicycle riders. Mayor Bush asked Ms. Sahlstrom, "Has LYNX looked at these and in agreement with your recommendations ?" Mr. Jeff Reine, Capital Planner, LYNX 455 North Garland Avenue, Orlando, Florida: stated, "Yes, I am in agreement with the locations she has picked." Commissioner Bonner suggested, "We exchange McLeod's Way east bound to support the Bennett Street west bound at this time and then move McLeod's Way to a future deployment, only just looking at the numbers." Deputy Mayor Krebs said, "I am perfectly fine with what you came up with. I think that you did a great job." Commissioner McGinnis added, "I was going to just ask that you reconsider Bennett (Street) but I think you have done a great job with this." "MOTION TO APPROVE ITEM `600'." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR BUSH ADDED, "MOTION TO APPROVE THE RECOMMENDATIONS AS PRESENTED." MS. SAHLSTROM COMMENTED, "IF WE CAN GET MORE THAN SIX (6) SHELTERS, WOULD YOU LIKE TO GIVE ME SOME PRIORITY OF THE ONES THAT ARE IN BLUE..." DEPUTY MAYOR KREBS STATED, "...YOU FIGURE IT OUT." COMMISSIONER BONNER SAID, "BENNETT (STREET). COMMISSIONER McGINNIS ALSO NOTED, "BENNETT (STREET)." MS. SAHLSTROM AGREED AND REMARKED, "BENNETT (STREET) DEFINITELY." VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - NOVEMBER 9, 2009 PAGE 16 OF 20 Mr. .1 Marsh McLawhorn, Chief Government Affairs Officer, LYNX, 455 North Garland Avenue, Orlando, Florida: commented on ridership and a new route going directly to the University of Central Florida. Further discussion. REGULAR 601. Office Of The City Clerk Respectfully Requests That A Member Of The City Commission Make An Appointment To The Code Enforcement Board As A Result Of The Recent Resignation Of Dale Kirby. "I WOULD LIKE TO OFFER THE NAME OF BOB HENDERSON — NOMINATE BOB HENDERSON." COMMISSIONER McGINNIS ADDED, "HE WOULD BE AN ALTERNATE." MOTION BY COMMISSIONER McGINNIS. COMMISSIONER BROWN NOTED, "2 ALTERNATE, RIGHT ?" COMMISSIONER McGINNIS RESPONDED, "YES." COMMISSIONER BROWN ADDED, "SO, THIS INCLUDES MOVING EVERYBODY UP." COMMISSIONER McGINNIS REMARKED, "YES." SECONDED BY COMMISSIONER BROWN. DISCUSSION. [MOTION TO MOVE ALTERNATE #1, MR. HUGH FISHER TO BE A REGULAR MEMBER OF THE CODE ENFORCEMENT BOARD; THEN TO MOVE THE CURRENT ALTERNATE #2 MR. ARSENIO CALLE, TO THE POSITION OF ALTERNATE #1; AND THEN MR. BOB HENDERSON WOULD BECOME THE NEW ALTERNATE #2.] VOTE: COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 602. Not Used. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING — NOVEMBER 9, 2009 PAGE 17 OF 20 REGULAR 603. Office Of The City Attorney, Office Of the City Manager, And Parks And Recreation Department Present A Proposed Municipal Services Agreement Between The City And Winter Springs Senior Center, Inc. For Senior Services To Be Provided At The Winter Springs Senior Center. Attorney Garganese began the discussion on this Agenda Item and noted, "There is one issue that remains outstanding, and that is the issue regarding Liability Insurance. At the present time, the Corporation does not have General Liability coverage and as you know whenever the City enters into Contracts, one of the things that we require in all Contracts is that the contracting body provide Liability Insurance to protect not only themselves, but to protect the City as an additional name insured. The City requires Certificates of Insurance from contracting parties. So, because the Corporation doesn't have insurance today, during our meetings the City Manager offered to at least go to his contacts with the Florida League of Cities and obtain a quote at no cost to the City." Attorney Garganese noted, "The (Florida) League (of Cities) came back with a quote and that is listed in paragraph 10. The quote is for thirty -seven hundred and forty-four dollars and twenty -seven cents ($3,744.27). That includes terrorism coverage. If you exclude terrorism coverage, it's thirty -six hundred and eleven dollars and sixty -four cents ($3,611.64)." Continuing, Attorney Garganese said, "The issue before - the Corporation is if the City was to enter into this Contract, my recommendation is that there be Insurance coverage. No questions about it. Who pays for that Insurance coverage is an open question." Ms. Isla Kreiner, 806 Big Buck Circle, Winter Springs, Florida: representing the Board of Directors (and is the Treasurer) for the Senior Center Association addressed the City Commission; and mentioned that Florida Statutes 849.085 was referenced in the revised Contract and asked the City Manager to provide a copy of this to their Board of Directors. Manager Smith responded, "Be happy to." Discussion followed with Ms. Kreiner and the City Commission on the Insurance issue and Ms. Kreiner mentioned that the Senior Center Association may have to possibly cut services. Tape 3 /Side A Fees for services; donations that the Senior Center Association makes to the community; whether Fees could be increased; and how to pay for the needed Insurance were discussed next. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - NOVEMBER 9, 2009 PAGE 18 OF 20 "MOTION THAT WE ADOPT OPTION b) - [PAGE] 5 OF 6." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH SUMMARIZED, "THE OPTION WOULD BE TO ACCEPT THE AGREEMENT AS WRITTEN - ADDING OPTION b) - ON PAGE 5 OF 6, AS IT RELATES TO INSURANCES." SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. REGULAR 604. Office Of The City Attorney Requests That The City Commission Approve The Impact Fee Credit Agreement Relating To The Conveyance Of Real Property To The City Regarding The Expansion Of Magnolia Park In The Town Center. The discussion on this Agenda Item began with comments by Attorney Garganese. Attorney Garganese noted, "There is one caveat that I need to raise — we're still working on the actual legal description for the expansion property and the acreage may change very slightly, and if it changes then the Impact Fee Credit will be adjusted very, very slightly; so, I would ask that the Commission approve that with that caveat, that we may be changing that number - the credit number." "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE WITH THAT CAVEAT, THAT THE CREDIT MIGHT CHANGE." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - NOVEMBER 9, 2009 PAGE 19 OF 20 In other City business, Mayor Bush asked about trash at Trotwood Park and trash receptacles. Mayor Bush brought up the issue of Meetings between the City Commission and State Legislators which was discussed earlier under the City Clerk's Report. Mayor Bush summarized, "I believe the Consensus was that we not go forward with the Legislators who have failed to respond..." Commissioner Bonner stated, "...That is correct." Mayor Bush asked, "Am I summarizing that Consensus correctly ?" Deputy Mayor Krebs stated, "Yes." City Clerk Lorenzo - Luaces noted, "And that includes canceling the tentative Meeting with Lee Constantine for next Monday - is that okay ?" Deputy Mayor Krebs stated, "Yes." No objections were voiced. ❖ ❖ AGENDA NOTE: THE FOLLOWING REPORT WAS DISCUSSED AGAIN, AS PREVIOUSLY NOTED ON PAGE 8 OF THESE MINUTES. ❖ ❖ REPORTS REPORTS 403. Commission Seat Three — Gary Bonner On the Reclaimed Water issue that Commissioner Bonner brought up under his Report, Commissioner Bonner stated, "I believe I had given the Attorney the opportunity to take a look at what our options were to empower the Manager to work with impacted citizens from a customer service standpoint." Attorney Garganese suggested, "The best approach is to address the payment terms for a temporary period of time." Discussion. Furthermore, Attorney Garganese remarked, "This would solely be limited to the Water, Wastewater, And Reclaimed Water charges" and referred to a Resolution (2009 -57) that he just drafted. Attorney Garganese added, "It would just authorize the Manager or his designee to temporarily suspend the twenty (20) day due date upon hardship request by the customer and authorize the Manager to accept a payment plan for Water, Wastewater, and Reclaimed [Water] charges invoiced by the City in October, November, and December. So, if you're invoiced October, November, and December, and you're surprised by the amount, and because of hardships, you need maybe additional time to make a payment to get adjusted to the new rates, then the Manager would be authorized to approve that payment plan and one suggestion is to extend the payment terms to forty (40) days rather than twenty (20); so, it affords some relief for a temporary period of time." CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION _ REGULAR MEETING — NOVEMBER 9, 2009 PAGE 20 OF 20 Further comments. "I WOULD LIKE TO MOTION FOR APPROVAL OF RESOLUTION 2009 -57 AS DRAFTED BY THE ATTORNEY." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Mayor Bush briefly spoke of a FGFOA (Florida Government Finance Officers Association) Award and changing a name - to which Manager Smith noted that a similar request had already been made. The issue of Meetings between the City Commission and State Legislators which was discussed earlier under the City Clerk's Report and as discussed just before the last issue and Motion was again mentioned. Commissioner Brown asked, "Could we also, so it doesn't have to come back to us, ask Andrea (Lorenzo - Luaces) that if Representative (Chris) Dorworth tries to reschedule again, that we also cancel that Meeting." Commissioner Bonner stated, "Agreed." Commissioner McGinnis remarked, "Absolutely." There were no objections. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:55 p.m. RE . CTFULLYSUBMITTED: 1 N T Pa' A LORENZO - LUACES, MMC CLERK AP" i ED: (614 MAY r JOHN F. BUSH NOTE: These Minutes were approved at the November 23, 2009 Regular City Commission Meeting.