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HomeMy WebLinkAbout_2009 11 23 City Commission Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING NOVEMBER 23, 2009 CALL TO ORDER The Regular Meeting of Monday, November 23, 2009 of the City Commission was called to Order by Mayor John F. Bush at 5:16 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, absent City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present A moment of silence was held, followed by the Pledge of Allegiance Mayor Bush mentioned he would need to step out of the Meeting for a few minutes around 5:30 p.m. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - NOVEMBER 23, 2009 PAGE 2 OF 21 INFORMATIONAL 101. Police Department Requesting City Commission Review An Update Of The Red Light Camera Program And The First 7 Months Of Activity From The Camera Located At SR (State Road) 434 @ (At) Winding Hollow. Discussion followed with Captain Glenn Tolleson, Code Enforcement Bureau, Police Department. INFORMATIONAL 102. Police Department Provide Information To The Commission Concerning The 2009 Annual Neighborhood Santa Claus Escort Throughout The City Of Winter Springs. This Agenda Item was not discussed. 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, 2008 For The Ninth Consecutive Year. No discussion. INFORMATIONAL 104. Parks And Recreation Department Informing The City Commission Of The Results Of The Request For Event Management Services. Regarding Event Management Services, discussion followed with City Manager Kevin L. Smith who said he had one more thought to work through, and added, "If it can come to fruition and if that's the case, I will come back to the Commission with that thought." Commissioner Rick Brown asked when this might be brought back and Manager Smith stated, "As soon as I have it worked through." CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - NOVEMBER 23, 2009 PAGE 3 OF 21 INFORMATIONAL 105. Office Of The City Manager Wishing To Inform The Commission Of The City's Current Efforts Regarding Communication With Our Citizens /Customers. Deputy Mayor Joanne M. Krebs thanked the City Manager for this information and suggested that on the Public Input forms, we add something to the effect of "Would you like eAlerts" and also thought that a sign regarding eAlerts be placed at the lobby windows. Mayor Bush also thought this was a good idea. Manager Smith agreed this was a good plan and noted, "We will move forward with that." Manager Smith also mentioned other marketing efforts on eAlerts with signage at various facilities around the City; and at the new City Booth at the upcoming Christmas Tree Lighting Ceremony. "MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Police Department Requests To Utilize BMW Motorcycles Of Daytona Via Quote/Bid Process, For The Purchase Of Two (2) New Police Motorcycles In The Amount Of $29,739.00. No discussion. CONSENT 201. Community Development Department — Building Division Requesting Consent From The City Commission For The City Manager To Contract With GFA International, Inc., As Per The Attached Rate Schedule, For Building Inspections Contract Services. Discussion. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - NOVEMBER 23, 2009 PAGE 4 OF 21 CONSENT 202. Office Of The City Manager Requests Authorization To Enter Into Contractual Services Agreements With NBS Government Finance Group, Inc. (NBS), For The Oak Forest Wall Neighborhood Improvements Assessment Program ($7,900.00) And The Tuscawilla Lighting And Beautification District Neighborhood Improvements Assessment Program ($10,100.00), And With Nabors, Giblin & Nickerson, P.A. (NG &N), For The Oak Forest Wall Neighborhood Improvements Assessment Program ($3,250.00) And The Tuscawilla Lighting And Beautification District Neighborhood Improvements Assessment Program ($3,250.00), For Services To Be Performed In Fiscal Year 2010 Which Relate To The Fiscal Year 2011 Assessments. Discussion. Mayor Bush left the Commission Chambers at 5:24 p.m. Deputy Mayor Krebs took over the City Commission Meeting at 5:24 p. m. Further discussion continued. CONSENT 203. Office Of The City Manager Requesting That The Commission Adopt Resolution Number 2009 -55 Amending The Fiscal Year 2008 -2009 Budget. Ms. Kelly Balagia, Interim Director, Finance Department addressed questions from Commissioner Gary Bonner. Discussion followed on actuals, revenue sources, and Fund Balance. Commissioner Gary Bonner suggested to Manager Smith that perhaps a lay- person type of explanation of this be provided. With comments, Manager Smith remarked, "The short answer is it's in the works and it will be taken care of." Furthermore, Manager Smith said to Commissioner Bonner, "You bring up an excellent point, that again, Kelly ( Balagia) and I have already discussed and - you will see something the next go around." Commissioner Bonner stated, "Absolutely." Discussion followed on adjusting the Budget. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - NOVEMBER 23, 2009 PAGE 5 OF 21 CONSENT 204. Office Of The City Attorney Requests The Commission Approve Resolution 2009 -58 Authorizing 400 North Edgemon Avenue, Winter Springs, As A Designated Location For Conducting Bingo Games Pursuant To Section 849.0931, Florida Statutes. This Agenda Item was not discussed. CONSENT 205. Community Development Department Requests The City Commission Review And Approve The Updated Official Zoning Map For The City. There was no discussion on this Agenda Item. CONSENT 206. Office Of The City Clerk Requesting Approval Of The November 9, 2009 Regular City Commission Meeting Minutes. No discussion. CONSENT 207. Office Of The City Clerk Requesting Approval Of The November 10, 2009 City Commission Joint Workshop With The City Of Oviedo City Council Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE" (CONSENT AGENDA). MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - NOVEMBER 23, 2009 PAGE 6 OF 21 ❖ ❖ AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED, NEXT, FOLLOWED BY THE REST OF THE AGENDA AS DOCUMENTED. .;..;. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager — Kevin L. Smith Manager Smith asked the Commission if they were available on Monday, January 4 2010 for a Special Meeting - "In anticipation of our Charter Review and ensuring that we meet all the associated timelines and deadlines to make sure that we are on the Ballot if there are any changes for next year; that we continue to move expeditiously. I also think that being able to have a dedicated Meeting to discuss several issues may be useful to the Commission. We'd like to talk about Appointments to a Board - a Charter Review Committee; like to talk about timelines - to ensure again we meet deadlines for Ballot, also like to adopt associated Resolutions that we would need in order to facilitate this project, process. So, I thought that may be better served if we could all get together at a Special Meeting so, I would ask for your consideration for that Meeting on January 4 [2010]." Commissioner Bonner asked if this Meeting could be scheduled when any interested citizens could also attend and suggested 6:00 p.m. Manager Smith added, "Time is at your discretion." Commissioner Brown stated, "That is fine with me." Deputy Mayor Krebs added, "Fine with me." Regarding Commissioner Sally McGinnis, Deputy Mayor Krebs stated, "You may want to get with her when she gets back to make sure." Manager Smith responded by saying, "Yes." Deputy Mayor Krebs summarized, "Tentatively, January 4 [2010] at 6:00 [p.m.]. We haven't heard from the Mayor either." REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC No Report. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - NOVEMBER 23, 2009 PAGE 7 OF 21 REPORTS 403. Commission Seat Four — Sally McGinnis Absent. REPORTS 404. Commission Seat Five/Deputy Mayor — Joanne M. Krebs Deputy Mayor Krebs spoke of the upcoming Deputy Mayor position and thanked the City Commission for this honor of serving this past year. Secondly, Deputy Mayor Krebs asked if some type of electronic City calendar could be set up so that the Mayor and City Commissioners could personally add in any events they are planning to attend. Deputy Mayor Krebs also recommended that this become a Policy for the new incoming Deputy Mayor. Commissioner Bonner spoke in agreement. Manager Smith agreed to doing this for the future. ❖ ❖ AGENDA NOTE: THE FOLLOWING REPORT "405." WAS NOT DISCUSSED NEXT, BUT WAS DISCUSSED LATER IN THE MEETING, AS SHOWN ON PAGE 9 OF THESE MINUTES. THE REST OF "REPORTS" FOLLOWS. •:•+ REPORTS REPORTS 405. Office Of The Mayor — John F. Bush As noted earlier, Mayor Bush had previously left the Meeting. REPORTS 406. Commission Seat One — Jean Hovey Commissioner Jean Hovey asked if there could be an informational packet put together with basic rules about putting up fences, etc. and suggested something be available when people sign up for new services like Water. Manager Smith remarked, "Yes." Next, Commissioner Hovey spoke of an additional penny sales tax and suggested this be discussed with the residents. With further discussion on fences, Deputy Mayor Krebs noted that documents that note, "If your fence is worth a hundred dollars ($100.00) or more, then you need a Permit" and suggested this be looked into. Manager Smith stated, "We do and we are. Agreed." CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - NOVEMBER 23, 2009 PAGE 8 OF 21 Regarding the additional penny tax, Commissioner Brown asked, "When will that expire on the County - the one cent optional sales tax ?" Manager Smith remarked, "I believe it's December of 2011." Commissioner Brown added, "So we would have time to get it on a Referendum at the next Election ?" Regarding continuing the one cent sales tax, City Attorney Anthony A. Garganese explained that in compliance with Florida Statutes, Seminole County would need to reauthorize it. With further comments, Commissioner Brown asked Attorney Garganese for the Election date cut -off? Attorney Garganese stated, "I can get that for you." Commissioner Hovey said she would be addressing the Seminole County PTA (Parent - Teachers Association) on this in January and added, "I can bring you back more information then." REPORTS 407. Commission Seat Two — Rick Brown No Report. REPORTS 408. Commission Seat Three — Gary Bonner Commissioner Bonner mentioned that he had attended an informal Veteran's Day Memorial Ceremony at our Veteran's Memorial and noted that the Memorial was a nice addition to the City. Next, Commissioner Bonner thanked the Finance Department for the Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Annual Financial Report (CAFR). Lastly, Commissioner Bonner complimented Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Departments and Mr. Brian Fields, P.E., City Engineer, Public Works Department for completing the re- paving of Greenbriar. Commissioner Bonner also suggested that in the future, such projects should begin on a Monday as opposed to a Friday. Further discussion. Mayor Bush returned to the Commission Chambers and the Meeting at 5:44 p.m. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - NOVEMBER 23, 2009 PAGE 9 OF 21 • ❖ AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS WAS DISCUSSED NEXT, AS DOCUMENTED. ❖❖ AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor Presenting A Proclamation Recognizing The National Guard And Reserve. Mayor Bush presented a Proclamation in honor of the National Guard And Reserve. ❖ ❖ AGENDA NOTE: THE FOLLOWING REPORT WAS DISCUSSED, AS PREVIOUSLY NOTED ON PAGE 7 OF THESE MINUTES, FOLLOWED BY THE REST OF THE AGENDA AS DOCUMENTED. ❖ ❖ REPORTS REPORTS 405. Office Of The Mayor — John F. Bush Mayor Bush spoke of attending the recent Florida League of Cities Legislative Conference and said he would share some information with the City Commission including something from the President of the Florida League of Cities along with the Legislative Agenda. Mayor Bush further mentioned offshore drilling. Lastly, Mayor Bush explained that he and Manager Smith had visited the City of Ocoee's Health Clinic today and mentioned this was going to be on the Program for the December 2, 2009 CALNO (Council of Local Governments in Seminole County) Meeting and suggested the City Commission attend this Meeting. Mayor Bush added, "I did take some pictures which I will give to the Clerk so she can show you what the place looked like - very impressive." PUBLIC INPUT Mr. Paul B. Sladek, 1519 West Broadway Street, Oviedo, Florida: spoke on behalf of "Crewe of Leaders, Inc." on promoting volunteerism and their upcoming Mardi Gras event and what events were planned. Mr. Sladek mentioned that there should be a Contract at the next City Commission Meeting. Ms. Alodia M Gonzalez, 513 South Edgemon Avenue, Winter Springs, Florida: addressed the City Commission briefly and asked to turn her time over to the next speaker. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING — NOVEMBER 23, 2009 PAGE 10 OF 21 Ms. Doreen Durocher, 600 South Edgemon Avenue, Winter Springs, Florida: commented on watering and increased Water Rates. Ms. Germaine Vincent, 741 South Edgemon Avenue, Winter Springs, Florida: asked about fluctuating billing cycles. Discussion followed on possible changes to billing cycles and suggested we should have leverage with the Contractor who provides meter reading services and recommended that discussion points be considered and thought a Study should be brought back. Tape 1 /Side B With continued discussion, Deputy Mayor Krebs suggested we consider going to thirteen (13) billing cycles a year. Mayor Bush advised those in attendance that if they had a problem with billing cycles and higher rates, to bring that to the City Manager's attention. Mr. Francois Durocher, 600 South Edgemon Avenue, Winter Springs, Florida: commented on a recent Water Bill; and asked about the changes to the Water and Reclaimed Water Rates. Mr. Arsenio Calle, 110 Arrowhead Court, Winter Springs, Florida: spoke on the increase in Reclaimed Water Rates and thought that residents could have been better notified. Mr. Mark McEwen, 103 Arrowhead Court, Winter Springs, Florida: addressed the City Commission on increased Water Rates; asking citizens for their input; and fairness. Mr. Scott Manecke, 100 Arrowhead Court, Winter Springs, Florida: spoke of his support with others on recent Water Rate increases and commented on increased Water Rate percentages. Mayor Bush closed "Public Input ". Deputy Mayor Krebs suggested that some type of Public Forum be held to further review recent Water Rate changes. Discussion followed on public notice; communications with residents; thirteen (13) billing cycles a year; and possibly having meters read on the same day each month. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - NOVEMBER 23, 2009 PAGE 11 OF 21 "I WILL MAKE A MOTION TO DIRECT THE CITY MANAGER TO INVESTIGATE THIRTEEN (13) CYCLE BILLING AND COME BACK TO US." DEPUTY MAYOR KREBS ADDED, "SECOND MEETING IN JANUARY." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. Additionally, Mayor Bush suggested there would be a Notice about this in future Water Bills. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Not Used. REGULAR AGENDA REGULAR 600. Public Works Department Requesting The City Commission's Review And Approval Of The Final Design For The Ranchlands Roadway Improvements — Phase I. Mr. Fields presented this Agenda Item for discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING — NOVEMBER 23, 2009 PAGE 12 OF 21 REGULAR 601. Parks And Recreation Department Requesting Direction From The City Commission Regarding The Type Of Event And Funding Level For A July 4 Celebration Of Freedom On July 4, 2010 At Central Winds Park. Mr. Chuck Pula, Director, Parks and Recreation Department began the discussion on this Agenda Item. Much discussion followed on the different Options; Saturday versus Sunday; sponsors; funding; fireworks; a regional event; the economy; Vendors; and community -type Events. Chief of Police Kevin Brunelle addressed Mutual Aid Agreements. Commissioner Bonner added, "I compliment you and Staff for getting out of the box and bringing forward some fresh ideas." Tape 2 /Side A Further discussion followed on a possible survey; timing; a targeted mailing; the suggested Options; mailings; and communicating with residents. Deputy Mayor Krebs suggested, "If you are going to do `Option 2', let us do it right. Let us find a way to do it like nobody else." Mayor Bush added, "That is a good idea." "I WOULD LIKE TO MAKE A MOTION THAT WAS SIMILAR TO WHAT COMMISSIONER BROWN HAD SAID BEFORE - I WOULD LIKE TO GO WITH `OPTION 1' THIS YEAR, PLAN FOR `OPTION 2' GOING FORWARD WHETHER IT BE WITH - I DON'T KNOW HOW WE NOT DO STAFF TIME, BUT CREATE POSSIBLY SOME TYPE OF GROUP THAT WOULD PUT TOGETHER A REALLY BANG UP `OPTION 2' FOR THE FOLLOWING YEAR; BUT STICKING TO THE REVENUE THAT WE UTILIZED - FOR THIS PAST 4 OF JULY..." COMMISSIONER BROWN ADDED, "...THE AMOUNT THAT WE RAISED." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. FURTHERMORE, COMMISSIONER BROWN SAID, "THAT WOULD BE THE BASELINE. WE KNOW THAT THEY ARE CAPABLE OF RAISING THAT MUCH IN A BAD ECONOMY. IF THEY CAN RAISE MORE, AND IT DOESN'T COST US ANYTHING, THEN WE CAN HAVE A BIGGER EVENT." CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - NOVEMBER 23, 2009 PAGE 13 OF 21 MANAGER SMITH STATED, "JUST FOR CLARIFICATION, WOULD WE SAY THAT THE BUDGET FOR THIS EVENT WOULD BE TWENTY -THREE THOUSAND, SEVEN HUNDRED DOLLARS ($23,700.00) OF WHICH WE WOULD HAVE TO RAISE ENTIRELY THROUGH SPONSORSHIPS, SO THERE WOULD BE NO GENERAL FUND ALLOCATION WHATSOEVER ?" DEPUTY MAYOR KREBS ADDED, "THE MOTION WAS THAT THE ESTIMATED GENERAL FUND EXPENDITURE WOULD BE NO MORE THAN THE TWENTY -THREE [THOUSAND] SEVEN [HUNDRED DOLLARS ($23,700.00)], WHICH IS WHAT IT WAS LAST YEAR." DEPUTY MAYOR KREBS SPOKE OF A PREVIOUS DISCUSSION RELATED TO A VOTE FOR FOUR (4) PROPOSED EVENTS. MANAGER SMITH NOTED, "IN MY MIND, WE VOTED TO HAVE FOUR (4) EVENTS AND THAT WE WOULD COME BACK TO THE COMMISSION AT EACH PARTICULAR EVENT WITH AN ASSOCIATED BUDGET FOR YOU ALL TO APPROVE." VOTE: DEPUTY MAYOR KREBS: NAY COMMISSIONER BROWN: NAY COMMISSIONER BONNER: NAY COMMISSIONER HOVEY: NAY MOTION DID NOT CARRY. Discussion followed on Oviedo's planned Event and possibly having both the City of Oviedo and the City of Winter Springs work together. "I WILL MAKE A MOTION TO HAVE `OPTION 2' ON SATURDAY, BECAUSE I THINK SUNDAY IS NOT THE RIGHT DAY AND NOTHING SPENT FOR ANY FIREWORKS." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR BUSH SUMMARIZED THE MOTION - "TO MOVE THE EVENT TO JULY THE 3 [2010], BEING A DAYTIME EVENT WITH NO FIREWORKS." VOTE: COMMISSIONER BONNER: NAY COMMISSIONER HOVEY: NAY DEPUTY MAYOR KREBS: NAY COMMISSIONER BROWN: NAY MOTION DID NOT CARRY. Discussion then followed on heat of the summer; not enough shade; and suggested times for the Event. Mr. Pula suggested, "I would prefer to have it earlier. If anything, go from 9:00 [a.m.] to 1:00 [p.m.]. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - NOVEMBER 23, 2009 PAGE 14 OF 21 MOTION SUPPORTING "OPTION 2" - "THAT WE DO LEAVE IT UP TO STAFF - OR WHOEVER IS GOING TO BE DOING THIS." DEPUTY MAYOR KREBS FURTHER COMMENTED ON SELECTING "OPTION 2 ", NOTING "EITHER SATURDAY OR SUNDAY AND THE HOURS TO BE DETERMINED BY HOWEVER STAFF CAN GET IT WORKED OUT." MOTION BY DEPUTY MAYOR KREBS. DEPUTY MAYOR KREBS ADDED, "OPTION NUMBER `2'." SECONDED BY COMMISSIONER BROWN. DISCUSSION. DISCUSSION FOLLOWED THAT THIS EVENT WOULD BE MORE SIMILAR TO A HOMETOWN HARVEST RATHER THAN A REGIONAL EVENT; AND WHERE THE EVENT SHOULD BE HELD. SUMMARIZING THIS MOTION, MAYOR BUSH STATED, "`OPTION 2' ON JULY 3 OR THE 4 [2010] AND THE TIME IS LEFT OPEN." DEPUTY MAYOR KREBS STATED, "YES." VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 602. Community Development Department Requests The City Commission Make Appointments To The 2010 Winter Springs Districting Commission. Discussion followed with Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department and Attorney Garganese. Regarding when the Appointment of Members for the next Districting Commission would begin serving, Attorney Garganese stated, "As soon as all seven (7) members of the Committee are Appointed and they can convene a Meeting." Attorney Garganese suggested, "Once all the Appointments are set, and everyone accepts their Appointment, we can just go ahead and do an enabling Resolution which establishes the true, effective date of the [Districting] Commission." Attorney Garganese added, "They have 120 days from Appointment to prepare their Report." Mayor Bush nominated Mr. George Colombo for consideration. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - NOVEMBER 23, 2009 PAGE 15 OF 21 MOTION TO APPROVE MAYOR BUSH'S NOMINATION OF GEORGE COLOMBO. MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. ATTORNEY GARGANESE NOTED, "ALL MEMBERS OF ANY COMMISSION OR COMMITTEE OF THE CITY - THEY HAVE TO FILE THE STANDARD BOARD APPLICATION." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. Mayor Bush suggested for his second at -large Appointment, Ms. Linda Collins. Brief discussion. "I MAKE A MOTION TO ACCEPT THE MAYOR'S NOMINATION OF LINDA COLLINS FOR THE DISTRICTING COMMISSION." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION TO HAVE RON LIGTHART WHO SERVED ON THIS COMMITTEE THE LAST TIME AS MY APPOINTMENT." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - NOVEMBER 23, 2009 PAGE 16 OF 21 "I WOULD LIKE TO APPOINT MELANIE CHASE" TO THE DISTRICTING COMMISSION. MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. Commissioner Hovey and Commissioner Bonner said they would have Appointments at the next Meeting. REGULAR 603. Not Used. REGULAR 604. Office Of The City Attorney Requests That The City Commission Approve The Tuscawilla Homeowners Association Flagpole Infrastructure Maintenance Agreement. Attorney Garganese presented this Agenda Item and remarked, "This Agreement if it's terminated, then the City has the discretion to remove the flagpole infrastructure or leave it up. It would be at the City Commission's discretion." "MOTION TO APPROVE." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING — NOVEMBER 23, 2009 PAGE 17 OF 21 REGULAR 605. Office Of The City Manager Requesting The Commission To Authorize The City Manager To Contract With Land Design Innovations, Inc., Via Joint Utilization With The LDI (Land Design Innovations, Inc.) /City Of Oviedo Professional Services Agreement Dated September 21, 2009, For Purposes Of Providing Of Economic Development Services To The City Of Winter Springs. Manager Smith began the discussion on this Agenda Item. Ms. Tracy L. Crowe, AICP, Land Design Innovations, Inc., 140 North Orlando Avenue, Suite 295, Winter Park, Florida: addressed questions from the Mayor and City Commission. Tape 2 /Side B Discussion followed on possible savings for the City; and the Scope of Services. Ms. Crowe noted, "There is a business retention survey that Oviedo was about to kick -off on and so since we have that prepared, we would just have time in that we want your input if you wanted anything changed and the questions that went out to your citizens and your merchants and your retailers — but, when the results come in, I know that you will want your results tallied separated; so, we have accounted for that." Deputy Mayor Krebs commented on her concern with doing proper Due Diligence. Discussion. Continuing, Ms. Crowe explained, "We would be attending constantly, all the Chamber meetings, the EDC (Economic Development Committee) meetings, and your business community leaders that are participating in those — talking to them, getting to know them one -on -one and inviting them to come to meet with us." As to the proposed Contract, Manager Smith said, "The Contract is for the balance of this Fiscal Year." With further discussion, Ms. Crowe stated, "Every month there will be a progress Report that goes to Mr. (Kevin) Smith." Commissioner Bonner suggested that early in this relationship, if approved, that the City Commission receive detailed reports and presentations from the City Manager and his Staff. Discussion ensued on this Contract; Economic Development; the hours the City Manager is working; and making the best decision. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING — NOVEMBER 23, 2009 PAGE 18 OF 21 Commissioner Bonner suggested the City Manager, and not the Consultant, provide the City Commission with a Report on the monthly efforts. Commissioner Hovey asked how much a RFP (Request for Proposal) process would cost? Brief comments. Mr. John M Jones, AICP, Senior Planner, Land Design Innovations, Inc., 140 North Orlando Avenue, Suite 295, Winter Park, Florida: commented on jobs and companies he brought to Seminole County and the City of Sanford. "MOTION TO APPROVE ITEM `605', MANAGER'S RECOMMENDATION TO SECURE THE SERVICES FOR THE BALANCE OF THIS YEAR OF LDI (LAND DESIGN INNOVATIONS, INC.)." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: NAY MOTION CARRIED. Tape 3 /Side A REGULAR 606. Oviedo - Winter Springs Regional Chamber Of Commerce Requests To Present A Report To The City Commission Regarding The 2009 Winter Springs Festival Of The Arts. Mr. Paul Partyka, 249 Solaris Wharf Street, Winter Springs, Florida: introduced his colleagues with the Oviedo - Winter Springs Regional Chamber of Commerce, gave a PowerPoint Presentation related to the 2009 Winter Springs Festival of the Arts. In reviewing the costs for this Event, Mr. Partyka stated, "Per our Agreement, in terms of what we had to pay for as a previous Agreement — from the Police standpoint, we basically owe nothing at this point in time. From the Public Works standpoint, effectively we owe seventy -eight dollars ($78.00) and the Parks and Recreation overtime, it basically is two hundred and fifty dollars ($250.00) for a total theoretically from this per Agreement, we owe three hundred and twenty -eight dollars ($328.00). I am going to - ask if you could, since the overall Budget was effectively, say by roughly five hundred and forty -four dollars ($544.00) if the City would just take this overage over here, apply it over there to the top portion and basically make this a wash." CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - NOVEMBER 23, 2009 PAGE 19 OF 21 Mr. Partyka added, "We recognize our responsibility and we're willing to pay that additional cost." Brief comments followed on the 2009 Winter Springs Festival of the Arts Event. Mayor Bush summarized to Mr. Partyka, "If I read you right, what you are asking is that the Commission waive the three hundred and twenty -eight dollars and thirty-seven cents ($328.37) ?" Mr. Partyka responded, "That's correct." Hearing no comments from the City Commission, Mayor Bush stated, "I don't see any lights on so, I don't think they want to waive it." No objections were voiced. Mr. Partyka added, "I want to thank the Staff - all the Commissioners here, for the Mayor, for the Staff of the City. You guys did a great job!" In conclusion, Mayor Bush remarked, "This doesn't require Commission action here — it just says to accept the Report which I think you have accepted it." No objections were noted. REGULAR 607. Office Of The City Clerk Respectfully Requests That Commissioner Sally McGinnis Make An Appointment To The Oak Forest Wall And Beautification District Advisory Committee To Fill A Vacant Seat. No action was taken on this Agenda Item. In other City business, discussion followed on communication with residents; possibly having Meter Readers put door hangers on doors with applicable information; the need for fresh thinking; a company to possibly assist with new ideas for communications; instituting a Policy; not costing all citizens to just notify some residents; Charrettes; putting a charge on affected Bills for extra notification; and using schools to possibly assist with communications. Next, the Mayor and City Commission commented on possibly having extra time at City Commission Meetings to discuss general topics, including those that are not necessarily agendaized Agenda Items. Further comments continued on a suggested Policy; educating citizens; Town Hall Meetings; everyone being responsible for being informed; holding general Workshops to discuss possible Policy changes; other issues of interest; and Agenda Items. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - NOVEMBER 23, 2009 PAGE 20 OF 21 "I WILL MAKE A MOTION TO START - A WORKSHOP BEGINNING JANUARY [2010] - FIRST MEETING, AT 5:15 [P.M.] TO GO FOR ONE (1) HOUR ONLY, WITH THE OFFICIAL MEETING STARTING AT 6:15 [P.M.]." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. COMMISSIONER BROWN ASKED, "DO YOU WANT TO DO THAT AT EVERY MEETING OR JUST ONCE A MONTH ?" DEPUTY MAYOR KREBS NOTED, "EVERY MEETING." MANAGER SMITH SAID, "THE AGENDA FOR THE WORKSHOP — THE AGENDA FOR THAT OPEN FORUM, IS THE AGENDA FOR THAT NIGHT'S MEETING — WE'RE JUST GOING TO DISCUSS THAT..." MAYOR BUSH ADDED, "...OR ANYTHING ELSE..." MANAGER SMITH ADDED, "...OR ANYTHING ELSE, BUT THAT'S AT THE COMMISSION'S DISCRETION TO BRING UP." DEPUTY MAYOR KREBS STATED, "YES." COMMISSIONER BROWN NOTED, "IT IS A WORKSHOP - I THINK IS WHAT WE SAID, BUT THE FORMAT IS AN OPEN FORUM." ADDITIONALLY, DEPUTY MAYOR KREBS SUGGESTED, "CALL IT AN AGENDA WORKSHOP." MAYOR BUSH ADDED, "IF THE COMMISSION WANTED TO TAKE PUBLIC INPUT AT THIS, THEY COULD." VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Deputy Mayor Krebs then said, "We can always change it if it doesn't work." Also as discussed earlier in the Meeting, additional comments followed on the Charter Review Special Meeting planned for January 4, 2010, to which Manager Smith noted, "My intention is at that January 4 [2010] Meeting on the Charter Review, to bring forward a Facilitator at that point in time to facilitate the Meetings. I have not procured that person yet." Next, Mayor Bush reminded the City Commission to try to attend the December 2 °d , 2009 CALNO (Council of Local Governments in Seminole County) Meeting and stated, "Let Andrea (Lorenzo - Luaces) know if you plan to attend, so she can let the restaurant know." CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING — NOVEMBER 23, 2009 PAGE 21 OF 21 The January 4 2010 Charter Review Special Meeting was again referenced and Deputy Mayor Krebs asked Manager Smith, "What information are we going to get ?" Manager Smith explained, "I will get an Agenda to you but my thought at this point in time is that it would be to meet the Facilitator; have that Facilitator kind of talk to the process, go through the timeline of events as we see it at that point in time; Adopt a Resolution to set forth the process; and make Appointments to the Committee." Deputy Mayor Krebs then inquired, "You are saying we are going to have a Committee ?" Manager Smith responded by saying, "That hasn't been decided but at the Meeting, we would have that topic to be discussed. If the topic is discussed and you are willing to make — Appointments, then you can make the Appointments. Otherwise, we could do something at the next Meeting? Further brief comments followed on how many possible Committee Members might be needed. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:45 p.m. RESPECTFULLY SUBMITTED: ;i i1 • • LORENZO- LUACES, MMC CITY CLERK APPROVED: ■F OR MtlIsT F. BUSH NOTE: These Minutes were approved at the December 14, 2009 Regular City Commission Meeting.