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HomeMy WebLinkAbout2007 01 08 Consent 413 12/11/06 City Commission Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING DECEMBER 11,2006 CALL TO ORDER The Regular Meeting of Monday, December 11,2006 of the City Commission was called to Order by Mayor John F. Bush at 6:30 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 Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, arrived at 7:05 p.m. Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:35 p.m. Mayor Bush recognized Boy Scout Troop 613 and after a Moment of Silence, Troop 613 led the Pledge of Allegiance. Under "Agenda Changes", Mayor Bush mentioned that Commissioner Sally McGinnis would be a little late, and he was going to switch Regular Agenda Item '''307' with '300', so we will take up '307' first." Mayor Bush recognized former Commissioner Edward Martinez, Jr. who was III attendance. PUBLIC INPUT Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: commented on an article in the November 30, 2006 edition of the 'Winter Springs Voice' about giving tax dollars to Chambers of Commerce. Brief discussion. City Attorney Anthony A. Garganese arrived at 6:35 p.m. ~ r-":I ;--: ~ r~ r'. ,.... ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER I I, 2006 PAGE 2 OF 29 Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: brought up comments from a Tuscawilla Homeowner's Association meeting discussion related to Traffic Calming. Mr. Stephen Thompson, 810 Dyson Drive, Winter Springs, Florida: said Mr. Damon Chase would speak for him. Mr. Steven Humbarger, 988 Shetland Avenue, Winter Springs, Florida: thanked the City Commission for their contributions; spoke of Shetland Avenue and Traffic Calming; commented for the Record that he remains against sidewalks; recommended that stop signs be used at intersections; and hoped a Straw Ballot would be distributed to affected residents. Mr. Bob Rucci, 973 Turkey Hol/ow Circle, Winter Springs, Florida: commented on Regular Agenda Item '301', that he offered to assist with any design issues; and noted for the Record they were in favor of this location. Mr. Tom Waters, 1033 Antelope Trail, Winter Springs, Florida: spoke on Regular Agenda Item '310'; commented on the proposed garage addition; and suggested the City Commission be cautious in making their decisions. Ms. Beth Hattaway, 900 Arabian Avenue, Winter Springs, Florida: said she was in favor of Sidewalks and Traffic Calming; and felt there is a speeding problem in this area. Mr. Mike Hattaway, 900 Arabian Avenue, Winter Springs, Florida: also noted his concern with speeding drivers and safety concerns; and commented on Fisher Road. Mr. Roger Fisher, 800 Dyson Drive, Winter Springs, Florida: did not address the City Commission; however, Mayor Bush said, "Roger is opposed to the Traffic Calming." Ms. Connie Nadrowski, 915 Dyson Drive, Winter Springs, Florida: commented on recently noted pedestrian accidents; noted problems she had with trimming her shrubbery around her mailbox; and said she was in support of the Dog Park." Mr. Jack Yoder, 914 Arabian Avenue, Winter Springs, Florida: spoke in opposition to the proposed Traffic Calming devices. Mr. Fred Barone, 339 Mohawk Trail, Winter Springs, Florida: as a resident of Tuscawilla Trails, Mr. Barone commented on the new condos being built at Jesup's Reserve and asked that a concrete wall be built to preserve their security. Mr. Albert Mirand, 358 Mohawk Trail, Winter Springs, Florida: also as a resident of Tuscawilla Trails, Mr. Mirand asked that a wall be built between their community and Jesup's Reserve. ,--, r-, ==-- -- - ~ ,..... . ,..... . G ~ ; . :10 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2006 PAGE 3 OF 29 Commissioner Joanne M. Krebs told Mr. Barone that she had received his letter and had tried to call him, and added, "If you would like me to call you, I will more than happy to, but give me a time when I can reach you." Mr. Moti Khemlani, 605 Morgan Street, Winter Springs, Florida: commented on the Commission's decision; and said that Seminole County money could be better used on other similar projects; and added that the City Commission should stick with their original decision. Commissioner McGinnis arrived at 7:05 p.m. Ms. Janet Putnam, 955 Dyson Drive Winter Springs, Florida: did not address the City Commission; but, Mayor Bush said, "You are in favor of it." Mr. Larry Nadrowski, 915 Dyson Drive, Winter Springs, Florida: commented that he was in favor of Sidewalks and Traffic Calming; felt there was misinformation out there on this issue; and said there was a speeding problem on Dyson Drive. Mr. Michael Saporito, 607 Morgan Street, Winter Springs, Florida: commented on polling residents of Dyson Drive and Morgan Street; and did not think this really was a dangerous area. Ms. Carol Saporito, 607 Morgan Street, Winter Springs, Florida: Mayor Bush stated, "Carol Saporito does not wish to address the Commission and is opposed." Dr. Jeff Bos, 820 Dyson Drive, Winter Springs, Florida: Mayor Bush stated, "Is opposed to the Traffic Calming and does not wish to address the Commission." Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: commented on the Traffic Calming issues; asked to see the statistics on the Poll; did not think there was a speeding problem; and commented on requesting to see Minutes from a Tuscawilla Homeowner's Association meeting related to whether there was a Vote taken on this Issue. Ms. Dana and Allan Jones, 902 Arabian Avenue, Winter Springs, Florida: Mayor Bush stated, "Are opposed to the Dyson Drive Traffic Calming and do not wish to address the Commission. " Ms. Dana Jones, 902 Arabian Avenue, Winter Springs, Florida: spoke in opposition to the Traffic Calming and mentioned that if another Straw Ballot was taken, to include residents on Morgan Street, Pinto Court, and Shetland Avenue. Tape I/Side B ,......, r-, :: -- -- r:r: ,..... . ,..... I C ~ ; . ,. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2006 PAGE 4 OF 29 Ms. Jill McGaugh, 223 Oakwood Drive, Casselberry, Florida: asked why this building did not have button access at the doors for handicapped individuals. Ms. Colleen Smith, 920 Dyson Drive, Winter Springs, Florida: Mayor Bush stated, "Is opposed to the Traffic Calming and does not wish to address the Commission." Ms. Maria Romer, 1043 Northern Way, Winter Springs, Florida: Mayor Bush stated, "Is opposed to Traffic Calming and does not wish to address the Commission." Ms. Martha Pultz and Dr. Lawrence Pultz, 1039 Northern Way, Winter Springs, Florida: Mayor Bush stated, "Are opposed to the Traffic Calming and do not wish to address the Commission. " AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 100. Office Of The City Manager Presentation Of Employee Recognition Awards To City Of Winter Springs Employees. With the assistance of the City Commission, Mayor Bush and City Manager Ronald W. McLemore presented Employee Recognition Awards to Employees (or their family) who were in attendance. The following City of Winter Springs Employees were eligible for recognition: 5 Years Of Service: Ms. Angie Ashley, Public Works Department,' Mr. Chris Carson, Parks and Recreation Department; Ms. Desiree DeBois, Finance Department; and Mr. Daniel Lynch, Jr., Utility Department. 10 Years Of Service: Ms. Lori Anello, Police Department; Ms. Desiree Johnson, Police Department,' Mr. Robert Keene, Fire Department; and Ms. Allison Swain, Police Department. 15 Years Of Service: Mr. Bob Eckman, Public Works Department; and Ms. Bonita Roberts, Parks and Recreation Department. ,....., r-' ;: M ,..... . t'" I G ~ ~ ; ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2006 PAGE 5 OF 29 20 Years Of Service: Ms. Edith Farnum, Police Department; and Ms. Nancy Vobornik, General Services Department 25 Years Of Service: Mr. Skip Lazlo, Fire Department; and Mr. Joe McGaugh, Public Works Department (accepted posthumously by his widow Ms. Jill McGaugh). .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA. .:..:. REGULAR REGULAR 307. Community Development Department Requests The City Commission Consider The Proposed Development Agreement Modification For The Vistawilla Office Center, Located On The South Side Of SR (State Road) 434, Just West Of The GreeneWay Interchange. Mr. Randy Stevenson, ASLA, Director, Community Development Department introduced this Agenda Item. Discussion. Mr. Tom Corkery, 759 Bear Creek Circle, Winter Springs, Florida: addressed the City Commission on this Agenda Item. Discussion followed on sidewalks and setbacks. Commissioner McGinnis asked, "This chain link fence, is that going to be permanent?" Mr. Corkery stated, "No." Further discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. ON THE SIDEWALK ISSUE, COMMISSIONER MILLER SUGGESTED, "I WOULD APPRECIATE IT IF HAD MORE ATTENTION TO DETAIL IN THE FUTURE." .--, ~ ;;.;.. -- :. ,-...r: ,.... . ,.... . ~ ~ I . ,. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER I I, 2006 PAGE 6 OF 29 ,--, ~ ::- M P-.. ,.... I ~ ~. ; - VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: NAY COMMISSIONER BROWN: AYE MOTION CARRIED. Discussion ensued on the landscaping. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department - Customer Service Division And Office Of The City Attorney Request That The City Commission Hold A Public Hearing For Second Reading/Adoption Of Ordinance Number 2006-23, Which Amends The Winter Springs Code Of Ordinances, Changing The Term "Occupational License Tax" To "Local Business Tax", Consistent With Florida Law. Attorney Garganese read the Ordinance by "Title" only. 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. "I WILL MAKE A MOTION THAT WE APPROVE." MOTION BY COMMISSIONER MILLER. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER I 1,2006 PAGE 7 OF 29 REGULAR AGENDA REGULAR 300. Public Works Department Requesting The City Commission To Consider A Second Straw Ballot For The Proposed Dyson Drive Traffic Calming Project. Mr. Damon A. Chase, Esquire, 250 International Parkway, Suite 250, Lake Mary, Florida: addressed the City Commission. Tape 2/Side A Discussion. Mr. Brian Fields, P.E., City Engineer, Public Works Department said, "We can certainly do a Workshop; discuss Traffic Calming; bring in our experts." Commissioner McGinnis remarked, "The Pros and Cons; what these are like." Mr. Fields continued, "Certainly. That was done for this project in the PBS&J (Corporation) Report. They went through the whole menu of Traffic Calming options. Unfortunately, it's not like Fisher Road. Fisher Road is a new road where you could adjust the alignment of the pavement to - it's a meandering road in itself. So it's very difficult to compare that to a retro-fit situation. PBS&J (Corporation) went through each of those options; they analyzed the pros and cons and they arrived at this design. However, we can bring in Glatting Jackson [Kercher Anglin Lopez Rinehart, Inc.] to work with us on this one and do a Workshop, if that's what the Commission directs us to do." Commissioner McGinnis said, "I think it's important that we get it right. It is going to be there a long time and I would like to do that. I would support that." With further discussion, Commissioner Krebs said, "So I really would like to see, if we really do believe we need Traffic Calming, that we actually do a Traffic Calming study and I also would like all of the neighbors that live in the area to be a part of it." Discussion. Commissioner Robert S. Miller said, "I think the Workshop might be the appropriate way, because of the first Ballot that went out seems like it was 54-45 which is - when we first went ahead and approved it, it was based on safety overall. But, now that you look at the overall data, it was clear, the majority didn't want the Traffic Calming. And it was even questioned whether they wanted the sidewalk or not. But, the sidewalk was a safety issue. So, I think it might be appropriate to have a Workshop, get more input." Commissioner McGinnis said, "I agree. I would like a Workshop." Further discussion. r:=::a ~ ;=a- .. ... ~ ,.... I ,... I ~ :.,.-. ; - CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER II, 2006 PAGE 8 OF 29 "I WAS GOING TO MAKE A MOTION THAT WE TAKE THIS TO A WORKSHOP AND NOT GO ANY FURTHER; NOT WASTE THE CITY'S MONEY ON ASTRA W BALLOT AT THIS POINT IN TIME." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER DONALD A. GILMORE SAID, "WE PREVIOUSLY APPROVED THIS TO BE BUILT. WE ARE NOW GOING TO GO TO A WORKSHOP. SO, IF I CAN BE CLEAR, I THINK WE ARE SENDING IT TO A WORKSHOP TO RESOLVE HOW WE WANT TO BUILD IT. IS THIS NOT CORRECT?" COMMISSIONER KREBS SAID, "NO." MANAGER McLEMORE SAID, "YOU CAN DO WHATEVER YOU DESIRE TO DO. NOW, HERE ARE YOUR OPTIONS: ONE (1), YOU CAN SAY, 'PUT EVERYTHING ON HOLD. WE WANT TO STUDY THIS FURTHER'; AND THAT WILL PUT EVERYTHING ON HOLD." COMMISSIONER KREBS SAID, "THAT IS MY MOTION." MANAGER McLEMORE CONTINUED, "OKAY. BUT IF YOUR MOTION WAS, 'WE DO NOT WANT TO HAVE ANOTHER BALLOT'; YOU STILL HAVE THAT OTHER APPROVAL OUT THERE THAT YOU'RE GOING TO HAVE TO UNDO. SO, THE QUESTION - IF YOUR ANSWER IS, 'WE WOULD LIKE TO STUDY THIS FURTHER', THEN EVERYTHING GETS PUT ON HOLD." COMMISSIONER KREBS SAID, "NOT THE SIDEWALKS." MAYOR BUSH NOTED, "NO STRAW BALLOT; AND A WORKSHOP." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mr. Chase stated, "Mayor, can I be informed of the time and the place of the Workshop and all that." Mayor Bush said, "We post all of our Meetings." Mayor Bush continued, "Andrea [Lorenzo-Luaces, City Clerk], would you let Mr. Chase know when a Workshop is scheduled?" City Clerk Lorenzo-Luaces stated, "Sure." ~~ ~ L -.. ~ ,... I ,..... . ~ ~ . ; - CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER I I, 2006 PAGE 9 OF 29 REGULAR 301. Parks And Recreation Department Requesting The City Commission Approval To Proceed With The Planning For A Permanent Dog Park On The Central Winds Expansion Property (Wincey) Per The Attached Concept Master Plan. ,....., r-, ;;--: Mr. Chuck Pula, Director, Parks and Recreation Department addressed this Agenda Item with the City Commission. K:" ~ nr=: r'" I ,.... . ~ ~ ; . ~ Commissioner Krebs asked, "Does it cost more to get - nicer looking plans?" Brief discussion. Continuing, Commissioner McGinnis remarked, "Good job Chuck [Pula]." "MOTION TO APPROVE THIS LOCATION." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 302. Information Services Department Requests City Commission Consider January 29, 2007 For A Workshop For The Initial Meeting With Elert & Associates, Consultants For The WiFi Project. If That Date Is Not Acceptable We Request The City Commission Choose Another Agreeable Date. Regarding whether January 29, 2007 was fine with the City Commission for a Workshop with Elert & Associates, Mayor Bush added, "6:30 [p.m.)?" Commissioner McGinnis said, "Yes." Commissioner Krebs remarked, "Yes." No objections were noted. Ms. Joanne Dalka, Director, Information Services Department explained, "That same week, there will also be some other meetings with the public. They will be held at different locations throughout the City. We're still trying to secure the facilities for that. We had planned on having one (1) meeting at the Civic Center, possibly, one (1) meeting - at the Tuscawilla Country Club and possibly one (1) meeting here. And it's just for the public to have dialogue with the Consultants. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11, 2006 PAGE 10 OF 29 The Consultants will be asking questions of the public - just doing a kind of survey as to what kinds of internet access they currently have; what they would be willing to pay for a new service that would come in; just have a dialogue with the public so that they could have input into this process." Commissioner Miller said, "One (1) of the things that I would like to see addressed during this Workshop is the approach - some serious numbers regarding the approach where we would lease this out to somebody. Because there's been some bad publicity that the City got over this during the last Election, where people were accusing, or making allegations that the City was going spend three (3) or four (4) million dollars ($3,000,000.00 or $4,000,000.00) to provide this service; and I think one of things that we all discussed very early on as being the most probable outcome would be that we would lease it out to someone who would then manage it. That way, we wouldn't have to incur any upfront costs, or very minimal upfront costs. So, I would like to see that addressed, if we could, by these Consultants." Continuing, Commissioner Miller noted, "If they are really experts, then they ought to have data on this issue." Ms. Dalka said, "They absolutely do." Mayor Bush said, "Item '302', we don't need to Vote on that one. We all agreed January 29th [2007], 6:30 [p.m.]." REGULAR 303. Not Used. Mayor Bush called a Recess at 8:30 p.m. The Meeting was called back to Order by Mayor Bush at 8:54 p.m. REGULAR 304. Public Works Department Requesting The City Commission Consider An FDOT (Florida Department Of Transportation) - Proposed Modification To The S.R. (State Road) 434/Costa Rica Drive Intersection. Mr. Fields spoke on this Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. ,-, r-, ;;:;:a. ... :. ~ ,... .. ,.... I G :.-. ; - CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2006 PAGE 11 OF 29 MAYOR BUSH SAID, "AND THE APPROVAL MEANS - NOT TO ACCEPT THE DOT'S (DEPARTMENT OF TRANSPORTATION'S) RECOMMENDATIONS." COMMISSIONER MILLER SAID, "CORRECT." COMMISSIONER McGINNIS SAID, "ACCEPT STAFF RECOMMENDATIONS." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 305. Community Development Department - Planning Division Requests The City Commission Approve The Subdivision And Final Engineering Plans And Associated Development Agreement With Tousa Homes, Inc. For Sonesta Pointe Phases I And II. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department spoke on this Agenda Item. Discussion. MOTION TO APPROVE. MAYOR BUSH STATED, "MOTION BY COMMISSIONER GILMORE TO APPROVE - WHICH INCLUDES THE STAFF RECOMMENDATIONS." SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. ~ ~ ;;;;.. ~ e::.c: ,...,. I ,..... I ~ ; - CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2006 PAGE 12 OF 29 REGULAR 306. Community Development Department Requests The City Commission Consider The Proposed Development Agreement For The West End Professional Center. The West End Professional Center Is Located On The South Side Of State Road 434, Immediately West Of Jesup's Reserve In The Town Center. Mr. Stevenson introduced this Agenda Item. Commissioner Gilmore said, "There is going to be a wall there. How high?" Mr. Stevenson said, "I believe it's six feet (6')." Commissioner Gilmore added, "This will meet their requirements?" Mr. Stevenson said, "Yes." Commissioner McGinnis briefly spoke for the Record on working on sculptures. Mr. Stevenson said, "One (1) item I would like to mention that was inadvertently, well, it was left off of your copy - in addition to the ten (10) items that we've talked about, there's an added section 21. that basically speaks to the requirement for the utilities along [State Road] 434 to be placed underground. Those overhead utilities will be placed underground and that is covered in the Development Agreement." Mayor Bush asked, "Is there anything in the Agreement, Randy [Stevenson] that is going to address the dust that is kicked up by construction as it blows into the Tusca (Tuscawilla) Trails property?" Mr. Stevenson replied, "That's probably not an item for the Development Agreement, Mayor, but it would be an item for construction management out there, once construction does start; and they probably already have some of that, as you understand, a lot of the site work on this property has already begun." Tape 2/Side B Continuing, Mr. Stevenson said, "Then the wall, this actual seat wall comes around and actually goes down the entrance here so the actual separation is this much, rather than - it appears - we have walls here and between the seat wall and the building is landscaping." Commissioner Miller said, "One (1) of the things that we did discuss was putting seat walls around each of these openings also, is that correct? Around the tree openings?" Mr. Stevenson said, "I don't believe it's around everyone. I think it's around these out here and then seat wall goes around here." Commissioner Miller noted, "I thought we agreed we would put them around the trees." ,.-, ~ ;::::.. -- -- ~ ~ ,... . G :r- ; . . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2006 PAGE 13 OF 29 Furthermore, Commissioner Miller stated, "As I recall, it was agreed - that we wouldn't require them to put in fountains - and that they would do the seat walls; so I don't recall any of those openings being exempt from the seat wall." Mr. Stevenson said, "I will have to go back and look at the Final Engineering that was approved." Additionally, Mr. Stevenson remarked, "Do you want us to pull it up or just make it a condition of Approval that they are all a seat wall." Commissioner Miller noted, "They all have to have seat walls - all the openings. I understand they are only building one building to start, but - when the first one is done, it should have a seat wall around each of the tree openings." Mr. Stevenson commented, "Okay." Discussion. Commissioner Rick Brown inquired about the wall in the back "Dividing this property from Tuskawilla Trails? Will it be up before construction?" With further comments, Commissioner Brown then said, "But, there is going to be some kind of barrier during construction?" Mr. Fields stated, "Actually there is now. And, they've agreed to leave the existing fence up throughout construction and then - only fill when they're ready for the brick wall. . ." Mr. Stevenson added, "... Will the fence come down?" "I WILL MAKE A MOTION THAT WE APPROVE WITH THE CONDITION THAT THE SEAT WALLS ON - ALL OF THE TREES - ALL SIX (6) DEPICTED ON THAT GRAPHIC THERE." MOTION BY COMMISSIONER MILLER. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 308. Community Development Department - City Arborist Recommends The City Commission Consider The Request Of Conraj Letson Of 108 Atrium Court To Remove (1) One Specimen Tree Located On The Resident's Private Lot. Discussion. ~ ~ ::-- ~ :. -=== ~ ,... . c: ~. ; :. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2006 PAGE 140F29 ~ ~ =--- ~ rv=; ,... I ,... I ~ ~ . Mr. Mike Mingea, Arborist, Community Development Department remarked, "On recommendations on specimen trees of this size, that they actually have replacement replanting done prior to the time for the removal and the permitting, and I believe - Earl [Starkey] has agreed that those will be fully - done and inspected." "MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS. MAYOR BUSH SAID, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 309. Office Of The City Clerk Respectfully Requests That The City Commission Consider Nominating The Next Deputy Mayor As Stipulated In The Charter Of The City Of Winter Springs, Consistent With Actions In The Past. Mayor Bush said, "I try to represent the City at as many events as possible. There are times when I cannot go. The Deputy Mayor needs to go!" "I WOULD LIKE TO MAKE A MOTION THAT WE APPOINT COMMISSIONER McGINNIS AS THE DEPUTY MAYOR." MOTION BY COMMISSIONER MILLER. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11, 2006 PAGE 15 OF 29 REGULAR 310. Community Development Department - Customer Service Division In Accordance With Emergency Ordinance Number 2006-08, Requests The City Commission Consider An Appeal Of A Staff Decision To Deny A Building Permit On The Basis Of Neighborhood Compatibility And Harmony Involving A Proposed Two-Story Addition To The House Located At 1110 Pheasant Circle. Ms. Kim Trench, Manager, Customer Service Division, Community Development Department addressed the City Commission. Mr. Warren Gagne, 1110 Pheasant Circle, Winter Springs, Florida: addressed the City Commission regarding the proposed two-story addition to his residence. Much discussion. Attorney Garganese said, "I needed to state for the Record - that Ordinance was amended - [Ordinance] 2006-22, extended that Ordinance for another six (6) months." Commissioner Gilmore noted, "I have pictures here." Commissioner Gilmore continued, "I - went around the neighborhood this morning and took pictures of several two-story homes." Further discussion. Tape 3/Side A Discussion. "MY MOTION IS TO UPHOLD STAFF'S DECISION." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mayor Bush said, "We need to be fair to people and tell them what the rules are so when they come up here." ,....., r;--, ;::::a.. -- .. ~ r-'" II t"" . ~ ~ ~ ; - CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER II, 2006 PAGE I70F29 Further comments. REGULAR 311. Information Services Department Requests Whether They Wish To Replace The Chambers Overhead Document Camera At A Cost Of $13,000.00. Mr. Chris Edwards, Project and Application Support Specialist, Information Services Department introduced this Agenda Item. Discussion. Commissioner Miller said, "If we put a high intensity light up there, that could be activated when we have these things on the table, would that compensate for this problem that you're addressing?" Ms. Dalka said, "I don't know. We could try it." Commissioner Miller added, "I think it might be a better way to do it because I can't think of too many documents, I can think of a couple, and I don't know why it happened, but ninety percent (90%), ninety-nine (99), the majority, overwhelming majority of the stuff that we look at is clear." Commissioner Miller added, "So, I would suggest maybe putting a high intensity light up there so that would automatically activate." "MOTION NOT TO APPROVE THIS UNTIL WE INVESTIGATE THE OTHER OPTIONS." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Ms. Dalka said, "Additional monies for that? Do you want me to come back at the next Meeting or do you just want to appropriate some money for that because there will be costs?" Manager McLemore commented, "Just find out what it's going to cost and then we'll deal with it." Continuing, Manager McLemore stated, "Why don't you all just appropriate us a said amount of money and ifit's going to go over that, we'll come back to you." Mayor Bush asked, "How much?" Manager McLemore said, "Make it twenty-five hundred [dollars) ($2,500.00). " ,...., ~ ::-- M r' . r' . ~ ~~ ; ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2006 PAGE 18 OF 29 "MOTION NOT TO EXCEED TWENTY-FIVE HUNDRED DOLLARS ($2,500.00) FOR A HIGH INTENSITY LIGHT." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. . .. CONSENT AGENDA CONSENT 400. Information Services Department Requests Authorization To Move Forward With SAN (Storage Area Network) Project In The Amount Of $19,881.00 With AsysTech Incorporated. No discussion. CONSENT 401. Utility Department Requesting Authorization To Utilize The Consulting Services Of SMW GeoSciences, Inc. For Hydrogeological And Environmental Technical Assistance Relating To The Potable Water Consumptive Use Permit Application With The St. Johns River Water Management District. There was no discussion on this Agenda Item. CONSENT 402. Public Works Department Requesting Authorization To Piggyback Off Of Seminole County Contract Number IFB-3110-05/GMG For Repairs To The Edgemon Avenue/S.R. (State Road) 419 Traffic Signal Mast Arms. Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2006 PAGE 19 OF 29 CONSENT 403. Utility Department Requesting Approval To Purchase A Vehicle By Piggybacking Off Of The Florida Sheriff Association, Florida Association Of Counties And Florida Fire Chief's Association Bid Number 06-14-0821. This Agenda Item was not discussed. CONSENT 404. Public Works Department Requests The City Commission Validate The Staff Recommendation Finding Harbor Winds To Be Built In Substantial Accordance With The Final Engineering Plans And To Accept The Potable Water And Sanitary Sewer Infrastructure For Ownership And Maintenance. No discussion. CONSENT 405.1. Public Works Department Requests The City Commission Validate The Staff Recommendation Finding Jesup's Reserve, Phase I To Be Built In Substantial Accordance With The Final Engineering Plans, To Accept The Public Roads, Potable Water, And Sanitary Sewer Infrastructure For Ownership And Maintenance, And To Authorize Transportation Impact Fee Credits To Levitt & Sons In The Amount Of $189,354.16 For The Design And Construction Of The Collector Road (McLeods Way) Per The Developer's Agreement. There was no discussion on this Agenda Item. CONSENT 405.2. Community Development Department Requests The City Commission Approve The Replat To The Jesup's Reserve Final Subdivision Plat And Authorize Its Recordation. This Agenda Item was not discussed. ,....., ~ ;:;:;-. M 01 r"' . '= ~ . ; - CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2006 PAGE 20 OF 29 CONSENT 406. Parks And Recreation Department Requests Approval From The City Commission To Proceed With Planning A Valentine Event "Dancing Under The Stars" On Saturday, February 17, 2007 At The Winter Springs Town Center. Commissioner Gilmore said, "I think that we need to take a good look at where the stage is located and all of the logistics of letting people see this performance." Commissioner Gilmore continued, "Take a look and see if we can't do something that you can at least see - because at the Fall Event you could not see anything unless you were right absolutely in front. Maybe turn that around and face it the other way on the street or do something; but take a look at it." CONSENT 407. Police Department Requests That The City Commission Approve The Receipt Of $10,000.00 Of Grant Revenue (FY (Fiscal Year) 07)) And Expenditure Of $13,065.00 From The Law Enforcement Trust Fund To Be Used Towards The Purchase Of A 2007 Chevrolet 1 (One) - Ton Crew Cab Truck For The Community Services Bureau. No discussion. CONSENT 408. Police Department Requesting City Commission Approval For Expenditure Of Funds To Lease Purchase 20 (Twenty) Police Vehicles Approved In The Current Budget. Brief discussion followed with Chief of Police Daniel 1. Kerr. CONSENT 409. Public Works Department - Stormwater Division Requests City Commission Authorization To Enter Into An Interlocal Agreement With Seminole County And The Cities Of Altamonte Springs, Casselberry, Lake Mary, Longwood, Sanford, And Oviedo, Providing Intergovernmental Cooperation On Stormwater Total Maximum Daily Load (TMDL) - Related Implementation Activities. With discussion, Commissioner Krebs said, "You know what I am really concerned about? When we have our rainstorms and if you go - straight down, the end of Tuskawilla Road - this big pond kind of thing is there. ~ r--"'1 ;: ~ ~ ~ . r" I G ~ l CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER II, 2006 PAGE 21 OF 29 I don't know what you call it, but it looks like a basin and everything - drains into this or floods into it and then this spills into Lake Jesup - and so what I am envisioning is all of the run-off in the road, which is the oil, which is all that kind of junk, and then now - we have a lot of homes in that area, as well as a lot more homes where there's going to be fertilizers, etc, etc. dumping in." Commissioner Krebs added, "So, what I am wondering is what we are doing as a City to prevent that and especially right there where I can see it - it is so obvious." With further discussion, Commissioner Krebs said, "So, I was just wondering, if there is something that we as a City could do?" Mr. Fields remarked, "There are some areas that don't have treatment facilities, and through TMDL (Total Maximum Daily Load), one option is to retro-fit those facilities. Another option is to create more regional sewer water options. Those are being studied now." CONSENT 410. Information Services Department Requests Additional Appropriation In The Amount Of $10,000.00 For Any Additional Expenses Related To WiFi Project. Discussion. CONSENT 411. Utility Department Requesting Approval To Purchase From The United States General Services Administration (GSA) Contract An Emergency Bypass Pump To Be Used For Wastewater Lift Stations. There was no discussion on this Agenda Item. CONSENT 412. UtilitylPublic Works Department Requests City Commission Approve An Interlocal Agreement With The Seminole County School Board For Fueling City Vehicles And Equipment. This Agenda Item was not discussed. ~ r-' :.- ~ ~ t'" . ~ ;...-~ ; ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER I I, 2006 PAGE 22 OF 29 CONSENT 413. UtilitylPubIic Works Department Requesting Approval For Payment To Progress Energy For The Installation Of Underground Electrical Lines And Ground Mounted Transformers In The Amount Of $21,655.11. No discussion. CONSENT 414. Office Of The City Clerk Requesting Approval Of The November 27, 2006 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. INFORMATIONAL AGENDA lNFORMA TIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. This Agenda Item was not discussed. lNFORMA TlONAL 501. Parks And Recreation Department Wishes To Inform The City Commission About The Winter Springs Health And Fitness Expo. There was not discussion on this Agenda Item. -== J;...:I ;:::a- ~ ~ r" . ,... . ~ :r ~ ; ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2006 PAGE 23 OF 29 INFORMATIONAL 502. Parks And Recreation Department Requests That The City Commission Review Information Regarding The Increased Utility Fee Charges To Parks And Recreation For Gym Use Of Three Middle Schools By The Seminole County School Board. Discussion. Tape 3/Side B With discussion, Manager McLemore said, "What do you want us to do?" Mayor Bush said, "Not pay it." Deputy Mayor McGinnis added, "Not pay it." Manager McLemore said, "If we do not pay it, then they can say, 'Well, you can't use the gym.' So, my suggestion is that we need to try to develop some more information, have us sit down with these people and I'm glad you're all upset Mayor, because I was going to ask you - maybe you and I would meet with the Superintendent and have some discussion about what this is all about and why is it happening and what are our alternatives. " With further comments, Mayor Bush said, "We will talk to them - we will talk to the School Board members." Mayor Bush asked, "Motion to approve Informational [Agenda]?" "MOTION TO APPROVE." MOTION BY DEPUTY MA YOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. MAYOR BUSH REMARKED, "WITH THAT ONE ON '502', WE'RE GOING TO NIX THAT ONE, RIGHT?" VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. In other city business, Mayor Bush stated, "I met with three (3) members of the - Homeowner's Association this last Friday." ,.- I r-, ::-- M ,... I ~ I G :,-~ ; ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER I 1,2006 PAGE 24 OF 29 Mr. Larry Chumra, 634 Jeffery Court, Winter Springs, Florida: addressed the City Commission representing the Highlands Homeowner's Association and stated, "Let me state for the Record, as a representative of the Highlands Homeowner's Association, that we hold no antagonistic view towards this Commission, the Mayor, or the City Manager. Also, we have no political axe to grind with any of you. Misinformation and the lack of due diligence on the part of individuals on our Board of Directors, including myself, have led us to believe erroneously that the City Commission, the Mayor, and City Manager do not have the best interests of the Highlands at heart. Likewise, the Commission has been led to believe that our Board of Directors holds an antagonistic view of you. These viewpoints are false. I have brought a letter from our President which states our concerns. I respectfully request that the Commission review this letter and help us to clear up any and all misunderstandings that exist between us. From this day forward, our Association will endeavor to appoint a liaison to attend future Commission Meetings so that we can enjoy an amicable relationship and put to rest any ill feelings that may have jeopardized our relationship. And I thank you for this opportunity. " Mayor Bush read a letter from the Highlands Homeowner's Association. Discussion ensued on holding a possible Attorney-Client Session; to which Attorney Garganese said he would need to get with some of the involved parties. Commissioner Miller said, "I would suggest sometime early January." Mayor Bush said, "I think at this point we kind of leave it in Anthony's (Garganese) hands to make the contacts." Mayor Bush added, "Is everybody in agreement with that?" Commissioner Krebs said, "Yes, but I think we need to not let it linger, either." No objections were noted. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese said, "Regarding the Highlands, I did forward a copy of the Hearing Transcript to all of the Commissioners." Secondly, Attorney Garganese remarked, "We filed an extensive response to Mr. Jones' Appeal regarding the Stormwater Fee." Thirdly, Attorney Garganese noted, "The Planning and Zoning Board, last Wednesday, recommended approval of the Cell Tower Ordinance revisions. That will be coming to you the first Meeting in January." ,...., ~ ;:;::.a. ~ ~ ~ I r"' . ~ ~ . ; - CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2006 PAGE 25 OF 29 Next, Attorney Garganese explained, "The mediation has been scheduled in the case Roy v. City of Winter Springs, Florida, Power & Light, and Seville Chase Homeowner's Association for that landlocked parcel. That's going to be coming up in late January." Related to the Binford v. City of Winter Springs Case, Attorney Garganese continued, "Court granted Summary Judgment in the City's favor - so we have won that particular Case; and the Case is over unless Mr. Binford decides to Appeal or file another Case." Further discussion. REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore said, "I have made contact with Victor Dover about doing an update and training session on Town Center - his idea is, 1 believe is for January the 17th [2007]. On [January] the 18th [2007], in Winter Park - 1 believe it's at Rollins College, they're doing again this year, the 'Town Center' 101' basic course; and his idea was while they're here, if we can do this on the 17th [December 2007], would we like to invite the other cities to come and listen to the presentation to you - probably about a four (4) hour seminar. " Regarding the time for this to be held, Mayor Bush asked the City Commission, "Ten (10) o'clock [a.m.]?" No objections were noted. Manager McLemore said, "10:00-2:00? That'll be fine. We'll eat lunch in." Mayor Bush said, "10:00-2:00." Next, Manager McLemore mentioned the start time for the Regular Meeting of January 8, 2007. REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Lorenzo-Luaces reminded the City Commission about the Photo Session scheduled for tomorrow, Tuesday, December 12,2006. Next, City Clerk Lorenzo-Luaces reminded the City Commission of the "Shop with a Cop" scheduled for this Saturday, December 16, 2006. With further brief discussion on transportation, Commissioner McGinnis said, "I will go." Commissioner Krebs added, "I will go. 1 will be there." ,-, r--' ;:::::.- M ,-. I r"... '= ~ ~ ; - CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER I I, 2006 PAGE 26 OF 29 REPORTS 603. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore brought up the issue of a burned out house, to which Mr. Stevenson said, "Commissioner, I'll get you an update on it. I don't have one (1) tonight for you." Mr. Stevenson added, "They were supposed to have a Building Permit by the end of November. To my knowledge they don't have one, but I'll confirm that tomorrow and check on it." . ,. Next, Commissioner Gilmore commented on Deed Restrictions. Lastly, Commissioner Gilmore spoke about previous comments made by Mr. Chase. REPORTS 604. Commission Seat Four - Sally McGinnis Commissioner McGinnis commented briefly on frivolous lawsuits. Brief discussion. Next, Commissioner McGinnis said, "Happy New Year everybody." REPORTS 605. Commission Seat Five - Joanne M. Krebs Commissioner Krebs thanked Manager McLemore for his gift. Continuing, Commissioner Krebs said, "I would like an item to be placed on the next Agenda, if possible, regarding digital audio recordings of Meetings and putting them on the Web, if we could look at that - digital audio recordings. And you put them on the Web and people can listen to the meeting; they don't view them, but they get to listen to them. I don't believe it's all that expensive, but I would like to explore it and maybe just bring some information to the Commission." With further comments by City Clerk Lorenzo-Luaces and Mr. Edwards, Commissioner Krebs added, "If we could just - bring that up for discussion next Meeting." Commissioner Krebs said, "I did want to mention that I think we need to be paying attention to some of the handicap challenges that are out there - I think that person who was here tonight and said she couldn't get into City Hall, is that something that we can do or is that very expensive to do - they can't open the door. There is a button or something that somehow automatically can open for them." Manager McLemore noted, "I agree." Lastly, Commissioner Krebs mentioned a resident's home that burned down in Oak Forest two (2) years ago. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2006 PAGE 27 OF 29 REPORTS 606. Office Of The Mayor - John F. Bush Mayor Bush spoke of signage outside City Hall for handicapped access. Next, Mayor Bush spoke of rental car surcharges and a Charter County Transportation Surtax. Manager McLemore asked what it related to. Continuing, Mayor Bush remarked about comments made on the Trail issue through the wetlands. Lastly, Mayor Bush mentioned he had just had lunch at the University of Central Florida with a parking garage expert and suggested they meet with Manager McLemore to further discuss this issue. REPORTS 607. Commission Seat One - Robert S. Miller No Report. .:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS GIVEN NEXT, FOLLOWED BY THE REST OF REPORTS. .:..:. REPORTS REPORTS 606. Office Of The Mayor - John F. Bush Mayor Bush said to City Clerk Lorenzo- Luaces, "On my light, it still says 'Blake'." REPORTS 608. Commission Seat Two - Rick Brown Commissioner Brown commented on tonight's extensive Agenda. Secondly, Commissioner Brown thanked Manager McLemore for the Report on the Therapy Pool. Commissioner Brown then asked, "Where are we with the Trotwood noise abatement discussions?" Manager McLemore stated, "It's coming back to you in January." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2006 PAGE 28 OF 29 Mayor Bush said, "Along that same lines, I would like to make sure that we notify the Sybilwood people of when that is going to be on the Commission's Agenda, because I know that some of them want to be here to address the Commission." .:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS GIVEN NEXT, FOLLOWED BY THE REST OF REPORTS. .:..:. REPORTS REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore said, "We had the bids come in on Blumberg Boulevard and they are substantially higher than what we budgeted a couple of years ago for this project, which again, was not a surprise. So what we're trying to now is going back and elevate the bids and then be able to come back to you in January - with some alternatives on how to deal with that. And it's just going to take a little time to work through the bids and see what options are available to us." .:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS GIVEN NEXT, FOLLOWED BY THE REST OF REPORTS. .:..:. REPORTS REPORTS 606. Office Of The Mayor - John F. Bush Mayor Bush asked, "One (1) other thing, I just noticed this - Commissioners, did you see the letter from the Chair of Planning and Zoning [Board/Local Planning Agency], Rosanne Karr. I will just go ahead and read it to you. It is addressed to Mayor and the Commissioners. It was delivered on the 6th [December 2006]. 'In summary of our decision of the Don King property. The Board voted 3-2 in favor of the item and the motion was carried, with Tom Brown and Denise Ryser voting against the change to the property. Their votes are explained as the change/addition of another structure to the Don King property may not be 'aesthetically pleasing'. Chairperson, Roseanne Karr'." Mayor Bush asked City Clerk Lorenzo-Luaces whether the Commission received copies, to which said, City Clerk Lorenzo-Luaces noted, "They will have a copy tomorrow." ,.-, ~ :::- c::::':) ~ r' ~ ,..... . ~ ~ . I - CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER I I, 2006 PAGE 29 OF 29 ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 11 :22 p.m. . . RESPECTFULLY SUBMITTED: DANIELLE HARKER, ASSISTANT TO THE CITY CLERK AND ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MAYOR NOTE: These Minutes were approved at the , 2007 Regular City Commission Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING DECEMBER 11, 2006 CALL TO ORDER The Regular Meeting of Monday, December 11,2006 of the City Commission was called to Order by Mayor John F. Bush at 6:30 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 Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, arrived at 7:05 p.m. Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:35 p.m. Mayor Bush recognized Boy Scout Troop 613 and after a Moment of Silence, Troop 613 led the Pledge of Allegiance. Under "Agenda Changes", Mayor Bush mentioned that Commissioner Sally McGinnis would be a little late, and he was going to switch Regular Agenda Item '''307' with '300', so we will take up '307' first." Mayor Bush recognized former Commissioner Edward Martinez, Jr. who was In attendance. PUBLIC INPUT Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: commented on an article in the November 30, 2006 edition of the 'Winter Springs Voice' about giving tax dollars to Chambers of Commerce. Brief discussion. City Attorney Anthony A. Garganese arrived at 6:35 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2006 PAGE 2 OF 29 Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: brought up comments from a Tuscawilla Homeowner's Association meeting discussion related to Traffic Calming. Mr. Stephen Thompson, 810 Dyson Drive, Winter Springs, Florida: said Mr. Damon Chase would speak for him. Mr. Steven Humbarger, 988 Shetland Avenue, Winter Springs, Florida: thanked the City Commission for their contributions; spoke of Shetland A venue and Traffic Calming; commented for the Record that he remains against sidewalks; recommended that stop signs be used at intersections; and hoped a Straw Ballot would be distributed to affected residents. Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: commented on Regular Agenda Item '301', that he offered to assist with any design issues; and noted for the Record they were in favor of this location. Mr. Tom Waters, 1033 Antelope Trail, Winter Springs, Florida: spoke on Regular Agenda Item '310'; commented on the proposed garage addition; and suggested the City Commission be cautious in making their decisions. Ms. Beth Hattaway, 900 Arabian Avenue, Winter Springs, Florida: said she was in favor of Sidewalks and Traffic Calming; and felt there is a speeding problem in this area. Mr. Mike Hattaway, 900 Arabian Avenue, Winter Springs, Florida: also noted his concern with speeding drivers and safety concerns; and commented on Fisher Road. Mr. Roger Fisher, 800 Dyson Drive, Winter Springs, Florida: did not address the City Commission; however, Mayor Bush said, "Roger is opposed to the Traffic Calming." Ms. Connie Nadrowski, 915 Dyson Drive, Winter Springs, Florida: commented on recently noted pedestrian accidents; noted problems she had with trimming her shrubbery around her mailbox; and said she was in support of the Dog Park." Mr. Jack Yoder, 914 Arabian Avenue, Winter Springs, Florida: spoke in opposition to the proposed Traffic Calming devices. Mr. Fred Barone, 339 Mohawk Trail, Winter Springs, Florida: as a resident of Tuscawilla Trails, Mr. Barone commented on the new condos being built at Jesup's Reserve and asked that a concrete wall be built to preserve their security. Mr. Albert Mirand, 358 Mohawk Trail, Winter Springs, Florida: also as a resident of Tuscawilla Trails, Mr. Mirand asked that a wall be built between their community and Jesup's Reserve. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2006 PAGE 3 OF 29 Commissioner Joanne M. Krebs told Mr. Barone that she had received his letter and had tried to call him, and added, "If you would like me to call you, I will more than happy to, but give me a time when I can reach you." Mr. Moti Khemlani, 605 Morgan Street, Winter Springs, Florida: commented on the Commission's decision; and said that Seminole County money could be better used on other similar projects; and added that the City Commission should stick with their original decision. Commissioner McGinnis arrived at 7:05 p.m. Ms. Janet Putnam, 955 Dyson Drive Winter Springs, Florida: did not address the City Commission; but, Mayor Bush said, "You are in favor of it." Mr. Larry Nadrowski, 915 Dyson Drive, Winter Springs, Florida: commented that he was in favor of Sidewalks and Traffic Calming; felt there was misinformation out there on this issue; and said there was a speeding problem on Dyson Drive. Mr. Michael Saporito, 607 Morgan Street, Winter Springs, Florida: commented on polling residents of Dyson Drive and Morgan Street; and did not think this really was a dangerous area. Ms. Carol Saporito, 607 Morgan Street, Winter Springs, Florida: Mayor Bush stated, "Carol Saporito does not wish to address the Commission and is opposed." Dr. Jeff Bos, 820 Dyson Drive, Winter Springs, Florida: Mayor Bush stated, "Is opposed to the Traffic Calming and does not wish to address the Commission." Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: commented on the Traffic Calming issues; asked to see the statistics on the Poll; did not think there was a speeding problem; and commented on requesting to see Minutes from a Tuscawilla Homeowner's Association meeting related to whether there was a Vote taken on this Issue. Ms. Dana and Allan Jones, 902 Arabian Avenue, Winter Springs, Florida: Mayor Bush stated, "Are opposed to the Dyson Drive Traffic Calming and do not wish to address the Commission. " Ms. Dana Jones, 902 Arabian Avenue, Winter Springs, Florida: spoke in opposition to the Traffic Calming and mentioned that if another Straw Ballot was taken, to include residents on Morgan Street, Pinto Court, and Shetland A venue. Tape liS ide B CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2006 PAGE 4 OF 29 Ms. Jill McGaugh, 223 Oakwood Drive, Casselberry, Florida: asked why this building did not have button access at the doors for handicapped individuals. Ms. Colleen Smith, 920 Dyson Drive, Winter Springs, Florida: Mayor Bush stated, "Is opposed to the Traffic Calming and does not wish to address the Commission." Ms. Maria Romer, 1043 Northern Way, Winter Springs, Florida: Mayor Bush stated, "Is opposed to Traffic Calming and does not wish to address the Commission." Ms. Martha Pultz and Dr. Lawrence Pultz, 1039 Northern Way, Winter Springs, Florida: Mayor Bush stated, "Are opposed to the Traffic Calming and do not wish to address the Commission. " AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Office Of The City Manager Presentation Of Employee Recognition Awards To City Of Winter Springs Employees. With the assistance of the City Commission, Mayor Bush and City Manager Ronald W. McLemore presented Employee Recognition Awards to Employees (or their family) who were in attendance. The following City of Winter Springs Employees were eligible for recognition: 5 Years Of Service: Ms. Angie Ashley, Public Works Department; Mr. Chris Carson, Parks and Recreation Department; Ms. Desiree DeBois, Finance Department; and Mr. Daniel Lynch, Jr., Utility Department. 10 Years Of Service: Ms. Lori Anello, Police Department; Ms. Desiree Johnson, Police Department; Mr. Robert Keene, Fire Department; and Ms. Allison Swain, Police Department. 15 Years Of Service: Mr. Bob Eckman, Public Works Department; and Ms. Bonita Roberts, Parks and Recreation Department. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER I 1,2006 PAGE 5 OF 29 20 Years Of Service: Ms. Edith Farnum, Police Department; and Ms. Nancy Vobornik, General Services Department 25 Years Of Service: Mr. Skip Lazlo, Fire Department; and Mr. Joe McGaugh, Public Works Department (accepted posthumously by his widow Ms. Jill McGaugh). .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA. .:..:. REGULAR REGULAR 307. Community Development Department Requests The City Commission Consider The Proposed Development Agreement Modification For The Vistawilla Office Center, Located On The South Side Of SR (State Road) 434, Just West Of The GreeneWay Interchange. Mr. Randy Stevenson, ASLA, Director, Community Development Department introduced this Agenda Item. Discussion. Mr. Tom Corkery, 759 Bear Creek Circle, Winter Springs, Florida: addressed the City Commission on this Agenda Item. Discussion followed on sidewalks and setbacks. Commissioner McGinnis asked, "This chain link fence, is that going to be permanent?" Mr. Corkery stated, "No." Further discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. ON THE SIDEWALK ISSUE, COMMISSIONER MILLER SUGGESTED, "I WOULD APPRECIATE IT IF HAD MORE ATTENTION TO DETAIL IN THE FUTURE." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER I 1,2006 PAGE 6 OF 29 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: NAY COMMISSIONER BROWN: AYE MOTION CARRIED. Discussion ensued on the landscaping. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department - Customer Service Division And Office Of The City Attorney Request That The City Commission Hold A Public Hearing For Second Reading/Adoption Of Ordinance Number 2006-23, Which Amends The Winter Springs Code Of Ordinances, Changing The Term "Occupational License Tax" To "Local Business Tax", Consistent With Florida Law. Attorney Garganese read the Ordinance by "Title" only. 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. "I WILL MAKE A MOTION THAT WE APPROVE." MOTION BY COMMISSIONER MILLER. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN : AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER I I, 2006 PAGE 7 OF 29 REGULAR AGENDA REGULAR 300. Public Works Department Requesting The City Commission To Consider A Second Straw Ballot For The Proposed Dyson Drive Traffic Calming Project. Mr. Damon A. Chase, Esquire, 250 International Parkway, Suite 250, Lake Mary, Florida: addressed the City Commission. Tape 2/Side A Discussion. Mr. Brian Fields, P.E., City Engineer, Public Works Department said, "We can certainly do a Workshop; discuss Traffic Calming; bring in our experts." Commissioner McGinnis remarked, "The Pros and Cons; what these are like." Mr. Fields continued, "Certainly. That was done for this project in the PBS&J (Corporation) Report. They went through the whole menu of Traffic Calming options. Unfortunately, it's not like Fisher Road. Fisher Road is a new road where you could adjust the alignment of the pavement to - it's a meandering road in itself. So it's very difficult to compare that to a retro-fit situation. PBS&J (Corporation) went through each of those options; they analyzed the pros and cons and they arrived at this design. However, we can bring in Glatting Jackson [Kercher Anglin Lopez Rinehart, Inc.] to work with us on this one and do a Workshop, if that's what the Commission directs us to do." Commissioner McGinnis said, "I think it's important that we get it right. It is going to be there a long time and I would like to do that. I would support that." With further discussion, Commissioner Krebs said, "So I really would like to see, if we really do believe we need Traffic Calming, that we actually do a Traffic Calming study and I also would like all of the neighbors that live in the area to be a part of it." Discussion. Commissioner Robert S. Miller said, "I think the Workshop might be the appropriate way, because of the first Ballot that went out seems like it was 54-45 which is - when we first went ahead and approved it, it was based on safety overall. But, now that you look at the overall data, it was clear, the majority didn't want the Traffic Calming. And it was even questioned whether they wanted the sidewalk or not. But, the sidewalk was a safety issue. So, I think it might be appropriate to have a Workshop, get more input." Commissioner McGinnis said, "I agree. I would like a Workshop." Further discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER I 1,2006 PAGE 8 OF 29 "I WAS GOING TO MAKE A MOTION THAT WE TAKE THIS TO A WORKSHOP AND NOT GO ANY FURTHER; NOT WASTE THE CITY'S MONEY ON A STRAW BALLOT AT THIS POINT IN TIME." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER DONALD A. GILMORE SAID, "WE PREVIOUSL Y APPROVED THIS TO BE BUILT. WE ARE NOW GOING TO GO TO A WORKSHOP. SO, IF I CAN BE CLEAR, I THINK WE ARE SENDING IT TO A WORKSHOP TO RESOLVE HOW WE WANT TO BUILD IT. IS THIS NOT CORRECT?" COMMISSIONER KREBS SAID, "NO." MANAGER McLEMORE SAID, "YOU CAN DO WHATEVER YOU DESIRE TO DO. NOW, HERE ARE YOUR OPTIONS: ONE (1), YOU CAN SAY, 'PUT EVERYTHING ON HOLD. WE WANT TO STUDY THIS FURTHER'; AND THAT WILL PUT EVERYTHING ON HOLD." COMMISSIONER KREBS SAID, "THAT IS MY MOTION." MANAGER McLEMORE CONTINUED, "OKAY. BUT IF YOUR MOTION WAS, 'WE DO NOT WANT TO HAVE ANOTHER BALLOT'; YOU STILL HAVE THAT OTHER APPROVAL OUT THERE THAT YOU'RE GOING TO HAVE TO UNDO. SO, THE QUESTION - IF YOUR ANSWER IS, 'WE WOULD LIKE TO STUDY THIS FURTHER', THEN EVERYTHING GETS PUT ON HOLD." COMMISSIONER KREBS SAID, "NOT THE SIDEWALKS." MAYOR BUSH NOTED, "NO STRAW BALLOT; AND A WORKSHOP." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mr. Chase stated, "Mayor, can I be informed of the time and the place of the Workshop and all that." Mayor Bush said, "We post all of our Meetings." Mayor Bush continued, "Andrea [Lorenzo-Luaces, City Clerk], would you let Mr. Chase know when a Workshop is scheduled?" City Clerk Lorenzo-Luaces stated, "Sure." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2006 PAGE 9 OF 29 REGULAR 301. Parks And Recreation Department Requesting The City Commission Approval To Proceed With The Planning For A Permanent Dog Park On The Central Winds Expansion Property (Wincey) Per The Attached Concept Master Plan. Mr. Chuck Pula, Director, Parks and Recreation Department addressed this Agenda Item with the City Commission. Commissioner Krebs asked, "Does it cost more to get - nicer looking plans?" Brief discussion. Continuing, Commissioner McGinnis remarked, "Good job Chuck [Pula]." "MOTION TO APPROVE THIS LOCATION." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 302. Information Services Department Requests City Commission Consider January 29, 2007 For A Workshop For The Initial Meeting With Elert & Associates, Consultants For The WiFi Project. If That Date Is Not Acceptable We Request The City Commission Choose Another Agreeable Date. Regarding whether January 29, 2007 was fine with the City Commission for a Workshop with Elert & Associates, Mayor Bush added, "6:30 [p.m.]?" Commissioner McGinnis said, "Yes." Commissioner Krebs remarked, "Yes." No objections were noted. Ms. Joanne Dalka, Director, Information Services Department explained, "That same week, there will also be some other meetings with the public. They will be held at different locations throughout the City. We're still trying to secure the facilities for that. We had planned on having one (1) meeting at the Civic Center, possibly, one (1) meeting - at the Tuscawilla Country Club and possibly one (1) meeting here. And it's just for the public to have dialogue with the Consultants. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER I I, 2006 PAGE 10 OF 29 The Consultants will be asking questions of the public - just doing a kind of survey as to what kinds of internet access they currently have; what they would be willing to pay for a new service that would come in; just have a dialogue with the public so that they could have input into this process." Commissioner Miller said, "One (1) of the things that I would like to see addressed during this Workshop is the approach - some serious numbers regarding the approach where we would lease this out to somebody. Because there's been some bad publicity that the City got over this during the last Election, where people were accusing, or making allegations that the City was going spend three (3) or four (4) million dollars ($3,000,000.00 or $4,000,000.00) to provide this service; and I think one of things that we all discussed very early on as being the most probable outcome would be that we would lease it out to someone who would then manage it. That way, we wouldn't have to incur any upfront costs, or very minimal upfront costs. So, I would like to see that addressed, if we could, by these Consultants." Continuing, Commissioner Miller noted, "If they are really experts, then they ought to have data on this issue." Ms. Dalka said, "They absolutely do." Mayor Bush said, "Item '302', we don't need to Vote on that one. We all agreed January 29th [2007], 6:30 [p.m.]." REGULAR 303. Not Used. Mayor Bush called a Recess at 8:30 p.m. The Meeting was called back to Order by Mayor Bush at 8:54 p.m. REGULAR 304. Public Works Department Requesting The City Commission Consider An FDOT (Florida Department Of Transportation) - Proposed Modification To The S.R. (State Road) 434/Costa Rica Drive Intersection. Mr. Fields spoke on this Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER I I, 2006 PAGE II OF29 MAYOR BUSH SAID, "AND THE APPROVAL MEANS - NOT TO ACCEPT THE DOT'S (DEPARTMENT OF TRANSPORTATION'S) RECOMMENDATIONS." COMMISSIONER MILLER SAID, "CORRECT." COMMISSIONER McGINNIS SAID, "ACCEPT STAFF RECOMMENDATIONS." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 305. Community Development Department - Planning Division Requests The City Commission Approve The Subdivision And Final Engineering Plans And Associated Development Agreement With Tousa Homes, Inc. For Sonesta Pointe Phases I And II. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department spoke on this Agenda Item. Discussion. MOTION TO APPROVE. MAYOR BUSH ST A TED, "MOTION BY COMMISSIONER GILMORE TO APPROVE - WHICH INCLUDES THE STAFF RECOMMENDATIONS." SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2006 PAGE 12 OF 29 REGULAR 306. Community Development Department Requests The City Commission Consider The Proposed Development Agreement For The West End Professional Center. The West End Professional Center Is Located On The South Side Of State Road 434, Immediately West Of Jesup's Reserve In The Town Center. Mr. Stevenson introduced this Agenda Item. Commissioner Gilmore said, "There is going to be a wall there. How high?" Mr. Stevenson said, "I believe it's six feet (6')." Commissioner Gilmore added, "This will meet their requirements?" Mr. Stevenson said, "Yes." Commissioner McGinnis briefly spoke for the Record on working on sculptures. Mr. Stevenson said, "One (1) item I would like to mention that was inadvertently, well, it was left off of your copy - in addition to the ten (10) items that we've talked about, there's an added section 21. that basically speaks to the requirement for the utilities along [State Road] 434 to be placed underground. Those overhead utilities will be placed underground and that is covered in the Development Agreement." Mayor Bush asked, "Is there anything in the Agreement, Randy [Stevenson] that is going to address the dust that is kicked up by construction as it blows into the Tusca (Tuscawilla) Trails property?" Mr. Stevenson replied, "That's probably not an item for the Development Agreement, Mayor, but it would be an item for construction management out there, once construction does start; and they probably already have some of that, as you understand, a lot of the site work on this property has already begun." Tape 2/Side B Continuing, Mr. Stevenson said, "Then the wall, this actual seat wall comes around and actually goes down the entrance here so the actual separation is this much, rather than - it appears - we have walls here and between the seat wall and the building is landscaping." Commissioner Miller said, "One (1) of the things that we did discuss was putting seat walls around each of these openings also, is that correct? Around the tree openings?" Mr. Stevenson said, "I don't believe it's around everyone. I think it's around these out here and then seat wall goes around here." Commissioner Miller noted, "I thought we agreed we would put them around the trees." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2006 PAGE 13 OF 29 Furthermore, Commissioner Miller stated, "As 1 recall, it was agreed - that we wouldn't require them to put in fountains - and that they would do the seat walls; so 1 don't recall any of those openings being exempt from the seat wall." Mr. Stevenson said, "I will have to go back and look at the Final Engineering that was approved." Additionally, Mr. Stevenson remarked, "Do you want us to pull it up or just make it a condition of Approval that they are all a seat wall." Commissioner Miller noted, "They all have to have seat walls - all the openings. 1 understand they are only building one building to start, but - when the first one is done, it should have a seat wall around each of the tree openings." Mr. Stevenson commented, "Okay." Discussion. Commissioner Rick Brown inquired about the wall in the back "Dividing this property from Tuskawilla Trails? Will it be up before construction?" With further comments, Commissioner Brown then said, "But, there is going to be some kind of barrier during construction?" Mr. Fields stated, "Actually there is now. And, they've agreed to leave the existing fence up throughout construction and then - only fill when they're ready for the brick wall..." Mr. Stevenson added, "... Will the fence come down?" "I WILL MAKE A MOTION THAT WE APPROVE WITH THE CONDITION THAT THE SEAT WALLS ON - ALL OF THE TREES - ALL SIX (6) DEPICTED ON THAT GRAPHIC THERE." MOTION BY COMMISSIONER MILLER. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 308. Community Development Department - City Arborist Recommends The City Commission Consider The Request Of Conraj Letson Of 108 Atrium Court To Remove (1) One Specimen Tree Located On The Resident's Private Lot. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER I 1,2006 PAGE 14 OF 29 Mr. Mike Mingea, Arborist, Community Development Department remarked, "On recommendations on specimen trees of this size, that they actually have replacement replanting done prior to the time for the removal and the permitting, and I believe - Earl [Starkey] has agreed that those will be fully - done and inspected." "MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS. MAYOR BUSH SAID, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 309. Office Of The City Clerk Respectfully Requests That The City Commission Consider Nominating The Next Deputy Mayor As Stipulated In The Charter Of The City Of Winter Springs, Consistent With Actions In The Past. Mayor Bush said, "I try to represent the City at as many events as possible. There are times when I cannot go. The Deputy Mayor needs to go!" "I WOULD LIKE TO MAKE A MOTION THAT WE APPOINT COMMISSIONER McGINNIS AS THE DEPUTY MAYOR." MOTION BY COMMISSIONER MILLER. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER I 1,2006 PAGE 15 OF 29 REGULAR 310. Community Development Department - Customer Service Division In Accordance With Emergency Ordinance Number 2006-08, Requests The City Commission Consider An Appeal Of A Staff Decision To Deny A Building Permit On The Basis Of Neighborhood Compatibility And Harmony Involving A Proposed Two-Story Addition To The House Located At 1110 Pheasant Circle. Ms. Kim Trench, Manager, Customer Service Division, Community Development Department addressed the City Commission. Mr. Warren Gagne, 1110 Pheasant Circle, Winter Springs, Florida: addressed the City Commission regarding the proposed two-story addition to his residence. Much discussion. Attorney Garganese said, "I needed to state for the Record - that Ordinance was amended - [Ordinance] 2006-22, extended that Ordinance for another six (6) months." Commissioner Gilmore noted, "I have pictures here." Commissioner Gilmore continued, "I - went around the neighborhood this morning and took pictures of several two-story homes. " Further discussion. Tape 3/Side A Discussion. "MY MOTION IS TO UPHOLD STAFF'S DECISION." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mayor Bush said, "We need to be fair to people and tell them what the rules are so when they come up here." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER I 1,2006 PAGE 16 OF 29 Commissioner Krebs added, "To the Mayor's point, it's not fair for him to keep coming back, back and forth, back and forth, and saying, 'Oh, will this work?' 'Will this work?' We have to have some kind of criteria or guidelines or some kind of help for these citizens. " Next, Commissioner Miller said, "You are right, we need to address this. And I think all of us agree, we need to address it - but how we do it is going to be a real problem because Tuscawilla is one of those unique places and I think we are all struggling now with how to make Tuscawilla better. " Manager McLemore remarked, "The City needs to do the same thing as the Homeowner's Association would do; and you need to appoint one (1) or two (2) Architects to sit as an Architectural Review Committee, if we're going to continue down this road; so that when they're doing their original plans, they can get that input right on the front end. " Commissioner Krebs noted, "Right, make it so." Commissioner McGinnis said, "My question to you, alright, but it's not a mandatory HOA (Homeowner's Association.) Can you still do that?" Manager McLemore said, "You can do it as a matter of your Police Powers because there is no Homeowner's Association to do it." Manager McLemore then commented, "All you have to do is appoint an Architect to serve as, the Architectural Consultant to your Staff to review these plans when they first come in; so that they can get the input rightfrom the beginning." Commissioner McGinnis stated, "Based on our criteria..." Manager McLemore said, "... Well, compatibility. It does mean something, it means just like we were saying - what's out there? What architectural styles out there - what is it in a design that's going to make you compatible with what's around you?" Regarding the hiring of an Architect, Manager McLemore suggested, "Pay him by the hour." Commissioner McGinnis said, "Well, I certainly would support that. I think we need to move on that - because that could be a real step in the right direction." Manager McLemore said, "Let me develop it and bring it back to you." Commissioner Krebs stated, "Okay." Commissioner McGinnis said, "Good." Mayor Bush said, "Maybe the direction would be for the Manager to come back at the next Commission Meeting - with a Proposal to address this." Commissioner Krebs said, "I am part of the Consensus." Commissioner McGinnis added, "Good." As no objections were noted, Mayor Bush remarked, "We have Consensus on that - that the Manager will bring back a procedure at - the first Meeting in January." Manager McLemore said, "Certainly by the second meeting in January." Mayor Bush noted, "Second Meeting in January." Mayor Bush said, "Okay, the second Meeting in January. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER I I, 2006 PAGE 17 OF 29 Further comments. REGULAR 311. Information Services Department Requests Whether They Wish To Replace The Chambers Overhead Document Camera At A Cost Of $13,000.00. Mr. Chris Edwards, Project and Application Support Specialist, Information Services Department introduced this Agenda Item. Discussion. Commissioner Miller said, "If we put a high intensity light up there, that could be activated when we have these things on the table, would that compensate for this problem that you're addressing?" Ms. Dalka said, "I don't know. We could try it." Commissioner Miller added, "I think it might be a better way to do it because I can't think of too many documents, I can think of a couple, and I don't know why it happened, but ninety percent (90%), ninety-nine (99), the majority, overwhelming majority of the stuff that we look at is clear." Commissioner Miller added, "So, I would suggest maybe putting a high intensity light up there so that would automatically activate." "MOTION NOT TO APPROVE THIS UNTIL WE INVESTIGATE THE OTHER OPTIONS." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Ms. Dalka said, "Additional monies for that? Do you want me to come back at the next Meeting or do you just want to appropriate some money for that because there will be costs?" Manager McLemore commented, "Just find out what it's going to cost and then we'll deal with it." Continuing, Manager McLemore stated, "Why don't you all just appropriate us a said amount of money and if it's going to go over that, we'll come back to you." Mayor Bush asked, "How much?" Manager McLemore said, "Make it twenty-five hundred [dollars] ($2,500.00)." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER I 1,2006 PAGE 18 OF 29 "MOTION NOT TO EXCEED TWENTY-FIVE HUNDRED DOLLARS ($2,500.00) FOR A HIGH INTENSITY LIGHT." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 400. Information Services Department Requests Authorization To Move Forward With SAN (Storage Area Network) Project In The Amount Of $19,881.00 With AsysTech Incorporated. No discussion. CONSENT 401. Utility Department Requesting Authorization To Utilize The Consulting Services Of SMW GeoSciences, Inc. For Hydrogeological And Environmental Technical Assistance Relating To The Potable Water Consumptive Use Permit Application With The St. Johns River Water Management District. There was no discussion on this Agenda Item. CONSENT 402. Public Works Department Requesting Authorization To Piggyback Off Of Seminole County Contract Number IFB-3110-05/GMG For Repairs To The Edgemon Avenue/S.R. (State Road) 419 Traffic Signal Mast Arms. Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2006 PAGE 19 OF 29 CONSENT 403. Utility Department Requesting Approval To Purchase A Vehicle By Piggybacking Off Of The Florida Sheriff Association, Florida Association Of Counties And Florida Fire Chiers Association Bid Number 06-14-0821. This Agenda Item was not discussed. CONSENT 404. Public Works Department Requests The City Commission Validate The Staff Recommendation Finding Harbor Winds To Be Built In Substantial Accordance With The Final Engineering Plans And To Accept The Potable Water And Sanitary Sewer Infrastructure For Ownership And Maintenance. No discussion. CONSENT 405.1. Public Works Department Requests The City Commission Validate The Staff Recommendation Finding Jesup's Reserve, Phase I To Be Built In Substantial Accordance With The Final Engineering Plans, To Accept The Public Roads, Potable Water, And Sanitary Sewer Infrastructure For Ownership And Maintenance, And To Authorize Transportation Impact Fee Credits To Levitt & Sons In The Amount Of $189,354.16 For The Design And Construction Of The Collector Road (McLeods Way) Per The Developer's Agreement. There was no discussion on this Agenda Item. CONSENT 405.2. Community Development Department Requests The City Commission Approve The Replat To The Jesup's Reserve Final Subdivision Plat And Authorize Its Recordation. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER I I, 2006 PAGE 20 OF 29 CONSENT 406. Parks And Recreation Department Requests Approval From The City Commission To Proceed With Planning A Valentine Event "Dancing Under The Stars" On Saturday, February 17, 2007 At The Winter Springs Town Center. Commissioner Gilmore said, "I think that we need to take a good look at where the stage is located and all of the logistics of letting people see this performance." Commissioner Gilmore continued, "Take a look and see if we can't do something that you can at least see - because at the Fall Event you could not see anything unless you were right absolutely in front. Maybe turn that around and face it the other way on the street or do something; but take a look at it." CONSENT 407. Police Department Requests That The City Commission Approve The Receipt Of $10,000.00 Of Grant Revenue (FY (Fiscal Year) 07)) And Expenditure Of $13,065.00 From The Law Enforcement Trust Fund To Be Used Towards The Purchase Of A 2007 Chevrolet 1 (One) - Ton Crew Cab Truck For The Community Services Bureau. No discussion. CONSENT 408. Police Department Requesting City Commission Approval For Expenditure Of Funds To Lease Purchase 20 (Twenty) Police Vehicles Approved In The Current Budget. Brief discussion followed with Chief of Police Daniel 1. Kerr. CONSENT 409. Public Works Department - Stormwater Division Requests City Commission Authorization To Enter Into An Interlocal Agreement With Seminole County And The Cities Of Altamonte Springs, Casselberry, Lake Mary, Longwood, Sanford, And Oviedo, Providing Intergovernmental Cooperation On Stormwater Total Maximum Daily Load (TMDL) - Related Implementation Activities. With discussion, Commissioner Krebs said, "You know what 1 am really concerned about? When we have our rainstorms and if you go - straight down, the end of Tuskawilla Road - this big pond kind of thing is there. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2006 PAGE 21 OF 29 I don't know what you call it, but it looks like a basin and everything - drains into this or floods into it and then this spills into Lake Jesup - and so what I am envisioning is all of the run-off in the road, which is the oil, which is all that kind of junk, and then now - we have a lot of homes in that area, as well as a lot more homes where there's going to be fertilizers, etc, etc. dumping in." Commissioner Krebs added, "So, what I am wondering is what we are doing as a City to prevent that and especially right there where I can see it - it is so obvious." With further discussion, Commissioner Krebs said, "So, I was just wondering, if there is something that we as a City could do?" Mr. Fields remarked, "There are some areas that don't have treatment facilities, and through TMDL (Total Maximum Daily Load), one option is to retro-fit those facilities. Another option is to create more regional sewer water options. Those are being studied now." CONSENT 410. Information Services Department Requests Additional Appropriation In The Amount Of $10,000.00 For Any Additional Expenses Related To WiFi Project. Discussion. CONSENT 411. Utility Department Requesting Approval To Purchase From The United States General Services Administration (GSA) Contract An Emergency Bypass Pump To Be Used For Wastewater Lift Stations. There was no discussion on this Agenda Item. CONSENT 412. Utility/Public Works Department Requests City Commission Approve An Interlocal Agreement With The Seminole County School Board For Fueling City Vehicles And Equipment. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER I 1,2006 PAGE 22 OF 29 CONSENT 413. Utility/Public Works Department Requesting Approval For Payment To Progress Energy For The Installation Of Underground Electrical Lines And Ground Mounted Transformers In The Amount Of $21,655.11. No discussion. CONSENT 414. Office Of The City Clerk Requesting Approval Of The November 27, 2006 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. This Agenda Item was not discussed. INFORMATIONAL 501. Parks And Recreation Department Wishes To Inform The City Commission About The Winter Springs Health And Fitness Expo. There was not discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER I 1,2006 PAGE 23 OF 29 INFORMATIONAL 502. Parks And Recreation Department Requests That The City Commission Review Information Regarding The Increased Utility Fee Charges To Parks And Recreation For Gym Use Of Three Middle Schools By The Seminole County School Board. Discussion. Tape 3/Side B With discussion, Manager McLemore said, "What do you want us to do?" Mayor Bush said, "Not pay it." Deputy Mayor McGinnis added, "Not pay it." Manager McLemore said, "If we do not pay it, then they can say, 'Well, you can't use the gym.' So, my suggestion is that we need to try to develop some more information, have us sit down with these people and I'm glad you're all upset Mayor, because I was going to ask you - maybe you and I would meet with the Superintendent and have some discussion about what this is all about and why is it happening and what are our alternatives. " With further comments, Mayor Bush said, "We will talk to them - we will talk to the School Board members." Mayor Bush asked, "Motion to approve Informational [Agenda]?" "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. MAYOR BUSH REMARKED, "WITH THAT ONE ON '502', WE'RE GOING TO NIX THAT ONE, RIGHT?" VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. In other city business, Mayor Bush stated, "I met with three (3) members of the - Homeowner's Association this last Friday." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER I 1,2006 PAGE 24 OF 29 Mr. Larry Chumra, 634 Jeffery Court, Winter Springs, Florida: addressed the City Commission representing the Highlands Homeowner's Association and stated, "Let me state for the Record, as a representative of the Highlands Homeowner's Association, that we hold no antagonistic view towards this Commission, the Mayor, or the City Manager. Also, we have no political axe to grind with any of you. Misinformation and the lack of due diligence on the part of individuals on our Board of Directors, including myself, have led us to believe erroneously that the City Commission, the Mayor, and City Manager do not have the best interests of the Highlands at heart. Likewise, the Commission has been led to believe that our Board of Directors holds an antagonistic view of you. These viewpoints are false. I have brought a letter from our President which states our concerns. I respectfully request that the Commission review this letter and help us to clear up any and all misunderstandings that exist between us. From this day forward, our Association will endeavor to appoint a liaison to attend future Commission Meetings so that we can enjoy an amicable relationship and put to rest any ill feelings that may have jeopardized our relationship. And I thank you for this opportunity." Mayor Bush read a letter from the Highlands Homeowner's Association. Discussion ensued on holding a possible Attorney-Client Session; to which Attorney Garganese said he would need to get with some of the involved parties. Commissioner Miller said, "I would suggest sometime early January." Mayor Bush said, "I think at this point we kind of leave it in Anthony's (Garganese) hands to make the contacts." Mayor Bush added, "Is everybody in agreement with that?" Commissioner Krebs said, "Yes, but I think we need to not let it linger, either." No objections were noted. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese said, "Regarding the Highlands, I did forward a copy of the Hearing Transcript to all of the Commissioners." Secondly, Attorney Garganese remarked, "We filed an extensive response to Mr. Jones' Appeal regarding the Stormwater Fee." Thirdly, Attorney Garganese noted, "The Planning and Zoning Board, last Wednesday, recommended approval of the Cell Tower Ordinance revisions. That will be coming to you the first Meeting in January." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER I 1,2006 PAGE 25 OF 29 Next, Attorney Garganese explained, "The mediation has been scheduled in the case Roy v. City of Winter Springs, Florida, Power & Light, and Seville Chase Homeowner's Association for that landlocked parcel. That's going to be coming up in late January." Related to the Binford v. City of Winter Springs Case, Attorney Garganese continued, "Court granted Summary Judgment in the City's favor - so we have won that particular Case; and the Case is over unless Mr. Binford decides to Appeal or file another Case." Further discussion. REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore said, "I have made contact with Victor Dover about doing an update and training session on Town Center - his idea is, 1 believe is for January the I ih [2007]. On [January] the 18th [2007], in Winter Park - 1 believe it's at Rollins College, they're doing again this year, the 'Town Center' 101' basic course; and his idea was while they're here, if we can do this on the 17th [December 2007], would we like to invite the other cities to come and listen to the presentation to you - probably about a four (4) hour seminar. " Regarding the time for this to be held, Mayor Bush asked the City Commission, "Ten (10) o'clock [a.m.]?" No objections were noted. Manager McLemore said, "10:00-2:00? That'll be fine. We'll eat lunch in." Mayor Bush said, "10:00-2:00." Next, Manager McLemore mentioned the start time for the Regular Meeting of January 8, 2007. REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Lorenzo-Luaces reminded the City Commission about the Photo Session scheduled for tomorrow, Tuesday, December 12, 2006. Next, City Clerk Lorenzo-Luaces reminded the City Commission of the "Shop with a Cop" scheduled for this Saturday, December 16, 2006. With further brief discussion on transportation, Commissioner McGinnis said, "I will go." Commissioner Krebs added, "I will go. I will be there." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER I I, 2006 PAGE 26 OF 29 REPORTS 603. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore brought up the issue of a burned out house, to which Mr. Stevenson said, "Commissioner, I'll get you an update on it. I don't have one (1) tonight for you." Mr. Stevenson added, "They were supposed to have a Building Permit by the end of November. To my knowledge they don't have one, but I'll confirm that tomorrow and check on it." Next, Commissioner Gilmore commented on Deed Restrictions. Lastly, Commissioner Gilmore spoke about previous comments made by Mr. Chase. REPORTS 604. Commission Seat Four - Sally McGinnis Commissioner McGinnis commented briefly on frivolous lawsuits. Brief discussion. Next, Commissioner McGinnis said, "Happy New Year everybody." REPORTS 605. Commission Seat Five - Joanne M. Krebs Commissioner Krebs thanked Manager McLemore for his gift. Continuing, Commissioner Krebs said, "I would like an item to be placed on the next Agenda, if possible, regarding digital audio recordings of Meetings and putting them on the Web, if we could look at that - digital audio recordings. And you put them on the Web and people can listen to the meeting; they don't view them, but they get to listen to them. I don't believe it's all that expensive, but I would like to explore it and maybe just bring some information to the Commission." With further comments by City Clerk Lorenzo-Luaces and Mr. Edwards, Commissioner Krebs added, "lfwe could just - bring that up for discussion next Meeting." Commissioner Krebs said, "I did want to mention that I think we need to be paying attention to some of the handicap challenges that are out there - I think that person who was here tonight and said she couldn't get into City Hall, is that something that we can do or is that very expensive to do - they can't open the door. There is a button or something that somehow automatically can open for them." Manager McLemore noted, "I agree." Lastly, Commissioner Krebs mentioned a resident's home that burned down in Oak Forest two (2) years ago. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 11,2006 PAGE 27 OF 29 REPORTS 606. Office Of The Mayor - John F. Bush Mayor Bush spoke of signage outside City Hall for handicapped access. Next, Mayor Bush spoke of rental car surcharges and a Charter County Transportation Surtax. Manager McLemore asked what it related to. Continuing, Mayor Bush remarked about comments made on the Trail issue through the wetlands. Lastly, Mayor Bush mentioned he had just had lunch at the University of Central Florida with a parking garage expert and suggested they meet with Manager McLemore to further discuss this issue. REPORTS 607. Commission Seat One - Robert S. Miller No Report. .:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS GIVEN NEXT, FOLLOWED BY THE REST OF REPORTS. .:..:. REPORTS REPORTS 606. Office Of The Mayor - John F. Bush Mayor Bush said to City Clerk Lorenzo-Luaces, "On my light, it still says 'Blake'." REPORTS 608. Commission Seat Two - Rick Brown Commissioner Brown commented on tonight's extensive Agenda. Secondly, Commissioner Brown thanked Manager McLemore for the Report on the Therapy Pool. Commissioner Brown then asked, "Where are we with the Trotwood noise abatement discussions?" Manager McLemore stated, "It's coming back to you in January." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER I I, 2006 PAGE 28 OF 29 Mayor Bush said, "Along that same lines, I would like to make sure that we notify the Sybilwood people of when that is going to be on the Commission's Agenda, because I know that some of them want to be here to address the Commission." .:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS GIVEN NEXT, FOLLOWED BY THE REST OF REPORTS. .:..:. REPORTS REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore said, "We had the bids come in on Blumberg Boulevard and they are substantially higher than what we budgeted a couple of years ago for this project, which again, was not a surprise. So what we're trying to now is going back and elevate the bids and then be able to come back to you in January - with some alternatives on how to deal with that. And it's just going to take a little time to work through the bids and see what options are available to us." .:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS GIVEN NEXT, FOLLOWED BY THE REST OF REPORTS. .:..:. REPORTS REPORTS 606. Office Of The Mayor - John F. Bush Mayor Bush asked, "One (1) other thing, I just noticed this - Commissioners, did you see the letter from the Chair of Planning and Zoning [Board/Local Planning Agency], Rosanne Karr. I will just go ahead and read it to you. It is addressed to Mayor and the Commissioners. It was delivered on the 6th [December 2006]. 'In summary of our decision of the Don King property. The Board voted 3-2 in favor of the item and the motion was carried, with Tom Brown and Denise Ryser voting against the change to the property. Their votes are explained as the change/addition of another structure to the Don King property may not be 'aesthetically pleasing'. Chairperson, Roseanne Karr'." Mayor Bush asked City Clerk Lorenzo-Luaces whether the Commission received copies, to which said, City Clerk Lorenzo-Luaces noted, "They will have a copy tomorrow." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER I I, 2006 PAGE 29 OF 29 ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 11 :22 p.m. RESPECTFULLYSUBAfITTED: DANIELLE HARKER, ASSIST ANT TO THE CITY CLERK AND ~ i A LORENZO-LUACES, CMC CLERK NOTE: These Minutes were approved at the January 8, 2007 Regular City Commission Meeting.