HomeMy WebLinkAbout2007 04 23 Approval of April 9, 2007 Regular Meeting Minutes
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING
APRIL 9, 2007
CALL TO ORDER
The Regular Meeting of Monday, April 9, 2007 of the City Commission was called to
Order by Mayor John F. Bush at 5:15.m. in the Commission Chambers of the Municipal
Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708).
Roll Call:
Mayor John F. Bush, present
Deputy Mayor Sally McGinnis, present
Commissioner Robert S. Miller, present
Commissioner Rick Brown, present
Commissioner Donald A. Gilmore, present
Commissioner Joanne M. Krebs, present
City Manager Ronald W. McLemore, arrived at 5:19 p.m.
City Attorney Anthony A. Garganese, present
Mayor Bush said, "The only Agenda Change that I am aware of is the Awards and
Presentation, Mr. [Byron] Giltz could not attend tonight, so we will not do that. It has
already been approved."
INFORMATIONAL AGENDA
INFORMATIONAL
100. Community Development Department
Advising The City Commission Of The Status Of Various Current Planning
Projects.
No discussion.
INFORMATIONAL
101. Not Used.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 2 OF 30
INFORMATIONAL
102. Community Development Department - Urban Beautification Services
Division
Informing The City Commission Regarding The Status Of Beautification And
Arbor Projects In The City.
Brief discussion.
INFORMATIONAL
103. Parks And Recreation Department
Wishes To Inform The City Commission About The Lightning Alert Equipment
That Seminole County Uses At Their Sports Complexes.
Discussion ensued with Mr. Chuck Pula, Director, Parks and Recreation Department.
City Manager Ronald W McLemore arrived at 5:19 p.m.
Mayor Bush said, "If that is something you want Chuck (Pula) to put in his Budget
request, you probably need to make a Motion."
"I WILL MAKE THAT MOTION." MOTION BY DEPUTY MAYOR McGINNIS.
SECONDED BY COMMISSIONER GILMORE. DISCUSSION.
MAYOR BUSH SAID, "AND THE MOTION IS THAT..." COMMISSIONER
GILMORE ST A TED, "... WE CONSIDER A PERMANENT FIX, 'THOR
GUARD' OR EQUIVALENT, PERMANENTLY MOUNTED UNIT IN CENTRAL
WINDS PARK WHICH IS CONNECTED TO AN ALARM HORN."
MAYOR BUSH SAID, "WHEN YOU SAY CONSIDER..." DEPUTY MAYOR
McGINNIS SAID, "...MY MOTION WOULD BE THAT CHUCK (PULA)
INCLUDE IN HIS BUDGET..." MAYOR BUSH SAID, "...TO BUY IT."
DEPUTY MAYOR McGINNIS NOTED, "AN ITEM - PURCHASE OF A 'THOR
GUARD' SYSTEM TO BE USED IN CENTRAL WINDS PARK AND THAT
EACH YEAR WE WOULD HOPEFULLY BE ABLE TO ADD A PARK."
MAYOR BUSH REITERATED, "THE MOTION IS TO PURCHASE IT AND
THEN INSTALL IT AT CENTRAL WINDS [PARK]." DISCUSSION.
COMMISSIONER KREBS SAID, "MOTION TO AMEND THE MOTION TO
CONSIDER OR TO INCLUDE ALL PARKS IN THE BUDGET REQUEST."
MOTION DIED FOR LACK OF A SECOND.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 3 OF 30
"I WONDER IF I COULD RE-WORD THAT - TO INCLUDE ALL ACTIVE
PARKS WHERE SPORTING EVENTS ARE NORMALLY HELD." MOTION
BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS.
DISCUSSION.
DEPUTY MAYOR McGINNIS ADDED, "IF THERE WOULD EVER BE A
PRESENTATION, I WOULD BE MORE INTERESTED IN HEARING FROM
THE COUNTY THAN THE MANUFACTURER."
FURTHER DISCUSSION.
VOTE: (AMENDMENT TO THE MOTION)
COMMISSIONER BROWN: NAY
COMMISSIONER GILMORE: NAY
COMMISSIONER MILLER: NAY
DEPUTY MAYOR McGINNIS: NAY
COMMISSIONER KREBS: NAY
MOTION DID NOT CARRY.
WITH DISCUSSION ON THE ORIGINAL MOTION, DEPUTY MAYOR
McGINNIS REMARKED, "TO HAVE IT IN THE BUDGET..." MAYOR BUSH
NOTED, "...THAT MEANS TO BUY IT, THOUGH..." DEPUTY MAYOR
McGINNIS ADDED, "...WITH THE INTENT TO PURCHASE."
VOTE: (ON THE ORIGINAL MOTION)
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN : NAY
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: NAY
MOTION CARRIED.
"I WOULD LIKE TO MAKE ANOTHER MOTION THAT WE HAVE THE
DATA PRESENTED TO THE COMMISSION FOR THE VARIOUS SYSTEMS
AND WE TAKE A LOOK AT IT BEFORE THE FINAL DECISION IS MADE
AND WE GET THE INFORMATION IN TWO (2) WEEKS FROM TONIGHT."
MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER
BROWN. DISCUSSION.
MAYOR BUSH SAID, "THE FINAL DECISION HAS BEEN MADE."
COMMISSIONER MILLER SAID, "I AM ASKING FOR A PRESENTATION."
MAYOR BUSH ASKED, "YOU ARE ASKING FOR A PRESENTATION, BUT
YOU ARE NOT ASKING THAT YOU RESCIND WHAT WE JUST DID? IS
THAT CORRECT?" COMMISSIONER MILLER SAID, "NO, I AM NOT."
DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9,2007
PAGE 4 OF 30
MAYOR BUSH SAID TO MR. PULA, "YOU WILL LET US KNOW WHEN YOU
CAN GET THIS?"
COMMISSIONER KREBS ADDED, "EVEN THOUGH WE ARE VOTING IT
INTO THE BUDGET, DOESN'T MEAN IT CAN'T BE CUT." MANAGER
McLEMORE COMMENTED, "ABSOLUTELY CORRECT."
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER BROWN : AYE
MOTION CARRIED.
INFORMATIONAL
104. Public Works Department
Informing The City Commission On Stop Signs At The Winter Springs
Boulevard/Northern Way Intersection (West).
There was no discussion on this Agenda Item.
INFORMATIONAL
105. Public Works Department
Informing The City Commission On Seminole County's Plans For Citrus Road.
This Agenda Item was not discussed.
INFORMATIONAL
106. Office Of The City Manager
Providing The City Commission With Information Regarding The City Pension
Plan's 1st Quarter FY (Fiscal Year) 2007 Investment Performance.
Commissioner Rick Brown asked Manager McLemore, "Is there somebody here who can
give us a verbal update on this or verbal discussion on this, as to how it performed?"
Manager McLemore said, "Yes. I think we can cover all that during the Agenda Item."
Mayor Bush said, "So, '106' will be covered when the Regular Agenda Item comes up on
the Pension?" Manager McLemore said, "Okay."
Mayor Bush said, "Can I have a Motion then for Informational?"
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 5 OF 30
"SO MOVED." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY
COMMISSIONER BROWN. DISCUSSION.
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER BROWN: AYE
MOTION CARRIED.
.:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS
WERE DISCUSSED, BUT NOT NECESSARIL Y IN THE ORDER
DOCUMENTED. .:. .:.
CONSENT AGENDA
CONSENT
200. Community Development Department - Urban Beautification Services
Division
Requesting Approval Of Resolution Number 2007-16 Authorizing The City
Manager To Enter Into A Florida Department Of Transportation (FDOT) Joint
Participation Agreement (JP A) For $142k ($142,000.00) In Landscape
Improvements Located On State Road 434.
Mr. Steven Richart, Urban Beautification Services Division Manager, Community
Development Department addressed the City Commission on this Agenda Item.
Discussion
"MOTION TO APPROVE" (CONSENT AGENDA ITEM '200'.) MOTION BY
DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER.
DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER BROWN : AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 6 OF 30
CONSENT
201. Community Development Department - Urban Beautification Services
Division
Requesting Authorization To Enter Into A Contract Agreement With Vila & Son
Landscaping Corporation In The Amount Of $100,202.00 To Install Trees Along
The Cross Seminole Trail As Part Of A Florida Division Of Forestry Emergency
Hurricane Grant Project (RFP (Request For Proposal)/DF -04/05-99).
Mr. Richart commented on this Consent Agenda Item.
"MOTION TO APPROVE '201'." MOTION BY COMMISSIONER KREBS.
SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION.
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN : AYE
MOTION CARRIED.
CONSENT
202. Parks And Recreation Department
Requesting The City Commission To Authorize The City Manager To Execute A
Contract With Premier Pyrotechnics For A Good Fireworks Display On July 4,
2007.
Mr. Pula addressed questions from the City Commission.
Discussion.
"MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS.
SECONDED BY COMMISSIONER KREBS. DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER BROWN : AYE
MOTION CARRIED.
;';'
I
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 7 OF 30
CONSENT
203. Parks And Recreation Department
Requesting The City Commission To Authorize The City Manager To Execute The
Agreement Between The City Of Winter Springs And Infinity Broadcasting For
July 4, 2007, Sponsors, Vendors, And Promotion.
Discussion followed with Mr. Pula.
"MOTION TO APPROVE ITEM '203'." MOTION BY DEPUTY MAYOR
McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION.
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN : AYE
MOTION CARRIED.
CONSENT
204. Parks And Recreation Department
Requesting A (20)06/(20)07 Budget Amendment Increasing The Expenditure Of The
Summer Day Camps By $15,000.00 And Increasing The Revenue Of The Summer
Day Camps By $15,600.00.
Discussion.
CONSENT
205. Parks And Recreation Department
Requests The City Commission To Authorize The City Manager To Execute The
2007 Summer Camp Use Agreement Between The City Of Winter Springs And The
Christian Church Of Winter Springs Providing The City Of Winter Springs With
An Appropriate Venue To Offer Its 2007 Summer Camp Program At The Church
Facilities Upon The Terms And Condition Set Forth In The Proposed Agreement.
There was no discussion on this Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9,2007
PAGE 8 OF 30
CONSENT
206. Community Development Department - Urban Beautification Services
Division
Requesting Authorization For A Supplemental Appropriation In The Amount Of
$20k ($20,000.00) From The General Fund For Plant Installations Along State Road
434 In VillageWalk.
Discussion.
Commissioner Miller spoke for the Record about this project.
Tape I/Side B
Manager McLemore commented for the Record about tree replacements and replantings
related to past Hurricanes.
MOTION TO APPROVE. MAYOR BUSH STATED, "MOTION BY
COMMISSIONER GILMORE." SECONDED BY DEPUTY MAYOR McGINNIS.
DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER BROWN: NAY
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
MOTION CARRIED.
CONSENT
207. Office Of The Mayor
Requests The City Commission Approve Resolution Number 2007-17 Honoring
Helen Baker For Her Outstanding Service On The Tuscawilla Lighting And
Beautification District Advisory Committee.
This Agenda Item was not discussed.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 9 OF 30
CONSENT
208. Public Works Department - Stormwater Division
Requests City Commission Re-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.
There was no discussion on this Agenda Item.
CONSENT
209. Public Works Department
Requests City Commission Authorization To Enter Into A Memorandum Of
Agreement With Seminole County For A Countywide Mosquito Control Program.
This Agenda Item was not discussed.
CONSENT
210. Information Services Department
Requests Authorization To Dispose Of Surplus Assets According To The Attached
Disposition Sheets.
There was no discussion on this Agenda Item.
CONSENT
211. Office Of The Mayor
Asking The City Commission To Review And Approve The Attached Resolution
Number 2007-19 Related To Supporting Legislative Priorities For The Florida
League Of Cities.
This Agenda Item was not discussed.
CONSENT
212. Office Of The City Clerk
Requesting Approval Of The March 26, 2007 Regular City Commission Meeting
Minutes.
There was no discussion on this Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 10 OF 30
"MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS.
MAYOR BUSH NOTED, "MOTION TO APPROVE THE CONSENT AGENDA
ITEMS THAT WE DIDN'T HAVE MOTIONS ON." SECONDED BY
COMMISSIONER GILMORE. DISCUSSION.
VOTE:
COMMISSIONER BROWN: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
300. Office Of The Mayor
Presentation Of Resolution Number 2007-14 To Mr. Byron Giltz For His Service On
The Board Of Trustees.
As noted earlier in the Meeting, this Resolution was not presented.
RECESS
Mayor Bush called a Recess at 6:05 p.m.
The Regular Meeting was called back to Order at 6:28 p.m.
REPORTS
REPORTS
400. Office Of The City Attorney - Anthony A. Garganese, Esquire
City Attorney Anthony A. Garganese gave an update on some pending cases.
Attorney Garganese then stated, "You should have all received a detailed memorandum
regarding the toll road issue. Unless I hear anything further or get any other direction
from the Commission I am going to let that one lie. So, it is in your court whether you
want to discuss that matter any further."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9,2007
PAGE II OF 30
REPORTS
401. Office Of The City Manager - Ronald W. McLemore
Manager McLemore commented on a recent meeting with Bart Phillips on his situation;
and noted, "I will need a little bit of money to do some landscape, architectural kind of
work as a way of us talking graphically about his situation; maybe - starting a discussion
about how we can make the park start looking like a real park and not be offensive to the
neighbors. "
Continuing, Manager McLemore suggested, "I think it would be a good idea for - five
thousand dollars ($5,000.00). I think we could do a lot of work in trying to see if there
are some real avenues we can go down with Bart (Phillips) as well as the other members
of the park, to really clean it up and try to make it an asset rather than a liability that it
is." Manager McLemore then said, "If you are agreeable, then I will move forward and
just put a confirmation kind of Consent Agenda Item for the next Meeting just to firm the
supplemental appropriation. I think it will be well worth it."
Commissioner Joanne M. Krebs stated, "When do you intend to meet with him next? I
really would like to be there if I could." Manager McLemore said, "If you approve this
tonight, then I am going to approve a Letter of Agreement between me and Bill Starmer."
Manager McLemore then said to Commissioner Krebs, "Can I ask, just give me a little
bit of time with him - and then we can bring it up to your level."
Deputy Mayor Sally McGinnis said, "Good Ron (McLemore), it is a good place to start."
Furthermore, Deputy Mayor McGinnis then spoke of some environmental issues and
noted, "But we need to be mindful of the position of the Grove (Counseling Center) over
there too."
Discussion.
"I MOVE THAT WE APPROPRIATE FIVE THOUSAND DOLLARS ($5,000.00)
FOR THE CITY MANAGER TO WORK WITH THE INDUSTRIAL PARK AS
HE SEES FIT." MOTION BY DEPUTY MAYOR McGINNIS. MAYOR BUSH
STATED, "SECONDED BY COMMISIONERMILLER." DISCUSSION.
VOTE:
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN : AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9,2007
PAGE 12 OF 30
REPORTS
402. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC
City Clerk Andrea Lorenzo-Luaces spoke on the MetroPlan Citizen's Advisory
Committee and stated, "Your Appointee from the past few years, is no longer on the
Board so I will be getting you some more information. The gentlemen who before held
the position was a Transportation Engineer so you might want to think of somebody in
the next couple of Meetings that the Commission should appoint and again, I'll get you
some information." Mayor Bush asked, "Is that the Commission's appointment?"
City Clerk Lorenzo-Luaces said, "Yes;Sir. Well, it could be anybody's suggestion, just
ratified by the Commission." Mayor Bush said, "Brian (Fields, P.E., City Engineer,
Public Works Department), if you know anybody Brian (Fields), would you let the Clerk
know or Kip (Lockcuff, P.E., Director, Public WorkslUtility Department), if you know of
anybody - so, we can get the Winter Springs person back on that Committee."
REPORTS
403. Commission Seat Four/Deputy Mayor - Sally McGinnis
Deputy Mayor McGinnis mentioned including the State of the City and the SGTV
(Seminole County Government Television) schedule in the Newsletter. Mayor Bush
stated, "The Clerk has got - those dates."
Discussion ensued on new businesses opening in the City.
REPORTS
404. Not Used.
REPORTS
405. Commission Seat Five - Joanne M. Krebs
Commissioner Krebs spoke of changing when "Reports" are held during a Regular
Meeting. Discussion.
"I WOULD LIKE TO MAKE A MOTION THEN THAT WE JUST MOVE
REPORTS TO - FROM WHERE IT IS CURRENTLY TO THE END OF THE
MEETING AND END THE MEETING WITH OUR REPORTS." MOTION BY
COMMISSIONER KREBS. SECONDED BY COMMISSIONER GILMORE.
DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 13 OF 30
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER BROWN : NAY
COMMISSIONER MILLER: NAY
DEPUTY MAYOR McGINNIS: NAY
MOTION DID NOT CARRY.
Commissioner Krebs asked about the signage on the office building at Vistawilla Drive.
REPORTS
406. Office Of The Mayor - John F. Bush
Mayor Bush spoke of an upcoming Joint City/County Advisory Committee Meeting
scheduled for April 18, 2007 and mentioned that he and Commissioner Donald A.
Gilmore were members and would be attending.
Next, Mayor Bush spoke of a letter related to the OrlandoSanford International Airport.
Mayor Bush said, "I gave the Clerk the Minutes of the MetroPlan Advisory Committee
Meeting that was held last week. If you want to see it, she will put a Notice out. And
also, there is an Interim Report available on the Joint City/County Advisory Committee -
a draft that will be approved on the 18th and she will have that, if you want to see that as
well."
Regarding the Cross Seminole Trail, Mayor Bush asked if there was support from the
City Commission to get Mr. Bart Philips together with the County. Discussion.
REPORTS
407. Commission Seat One - Robert S. Miller
Commissioner Miller asked about the status of the proposed meeting with the City of
Oviedo.
REPORTS
408. Commissioner Seat Two - Rick Brown
Commissioner Brown asked about a porta-potty on the Schrimsher property, to the north
of McDonalds. Manager McLemore said, "I will certainly check it out for you." Mr.
Randy Stevenson, ASLA, Director, Community Development Department said, "We will
check it."
Garages at the Tuskawilla Office Park was brought up next.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9,2007
PAGE 14 OF 30
With discussion on the signage, communications, and any related Policy regarding the
recent Easter Egg Hunt event, Mr. Pula remarked, "I will have to look into it and find
out."
REPORTS
409. Commission Seat Three - Donald A. Gilmore
Commissioner Gilmore said, "Congratulations on the Easter Egg Hunt. It was a
wonderful time up there. Many children were just having the time of their life. I think
you, your Staff, and the 107.7 (Magic107 Radio) and the rest did a wonderful job, and
you deserve a round of applause on that. You really did a good job!" Discussion ensued
on the Easter Egg Hunt event.
Next, Commissioner Gilmore asked about the status of the compatibility Ordinance. Mr.
Stevenson said, "I have it on the top of my list of things to finalize. And we will be
bringing it back probably, if not the last Meeting this month, the first Meeting - in May
we have two (2) Meetings to go before it expires again."
As to forthcoming Code Enforcement issues to be discussed in a possible Ordinance,
Commissioner Gilmore asked about the status of that effort.
Tape 2/Side A
Captain Glenn Tolleson, Police Department commented, "In general, there are several
issues that we're trying to put all together and bring this one back." As to when, Captain
Tolleson suggested, "I am hoping for July."
PUBLIC INPUT
Mr. Stan Toledo, 1746 Seneca Boulevard, Winter Springs, Florida: spoke of City of
Winter Springs and City of Oviedo projects.
Mr. Jeff McCall, Winter Springs Professional Firefighters: spoke on several Fire Union
fundraisers and the status of their Contract negotiations.
Ms. Eloise Bledsoe, 180 East Panama, Winter Springs, Florida: regarding a lot split, Ms.
Bledsoe asked that this be approved.
Manager McLemore said, "Randy (Stevenson) can get with her."
City Manager Ronald W McLemore left the dais at 7: 18 p. m.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9,2007
PAGE 15 OF 30
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For Second Reading And
Adoption Of Ordinance Number 2007-02, A Small Scale FLUM (Future Land Use
Map) Amendment Which Changes The Future Land Use Map Designation Of A
1.76 Acre Parcel, Located At 282 West State Road 434, East Of Barrington Estates,
From (Seminole County) "Suburban Estates" To (City Of Winter Springs)
"Commercial" .
Attorney Garganese read Ordinance 2007-02 by "Title" only and commented that "A
sub-part of item '501', which is coming up. If you recall, there was a lot of discussion
about height compatibility. I just want to bring to your attention that there is a
'DEVELOPMENT AGREEMENTINOTICE OF ZONING RESTRICTION' on the next
Agenda Item which implements a provision of 20.31. ( e) of the City Code which permits
the City to impose Zoning restrictions as part of a Zoning Application and that
'DEVELOPMENT AGREEMENTINOTICE OF ZONING RESTRICTION' - if we get
there, would limit the height of structures to thirty-five feet (35') in height, not to exceed
two (2) stories, to address that particular issue."
Mayor Bush opened the "Public Input" portion of the Agenda Item.
Mr. Richard Voorberg, 1526 Wescott Loop, Winter Springs, Florida: asked that the City
Commission encourage the Developer to meet with the residents of Barrington Estates.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
"I MAKE A MOTION TO ADOPT ORDINANCE - 2007-02." MOTION BY
COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN.
DISCUSSION.
VOTE:
COMMISSIONER BROWN: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
,
t;;',i.._',:~;,,:,~L.;.;:J.'}
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 16 OF 30
PUBLIC HEARINGS
501. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For Second Reading And
Adoption On Ordinance Number 2007-03 Which Rezones 1.76 Acres (More Or
Less), Located At 282 West State Road 434 East Of Barrington Estates, From "A-
10" Agricultural (Seminole County) To "C-l Neighborhood Commercial" (City Of
Winter Springs).
Attorney Garganese read Ordinance 2007-03 by "Title" only and stated, "This Ordinance
does has a Conditional 'Effective Date.' - it would only become effective upon
Ordinance 2007-02 becoming Adopted - or effective. Furthermore, at the last
Commission Meeting, we had significant discussion regarding compatibility of
commercial buildings in excess of two (2) stories or thirty-five feet (35') in height. I
think that testimony should be incorporated as part of the Record for this Second and
Final Hearing. Furthermore, as part of 2007-03, if the Commission were to approve it, it
would be Approved as proposed in conjunction with the 'DEVELOPMENT
AGREEMENTINOTICE OF ZONING RESTRICTION' which is set forth limiting the
height to again thirty-five feet (35'), two (2) stories, maximum."
Mayor Bush opened the "Public Input" portion of the Agenda Item.
No one spoke.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
"MOTION TO ADOPT AND INCLUDE THE TESTIMONY THAT ANTHONY
(GARGANESE) REFERRED TO AS WELL AS THE DEVELOPMENT
AGREEMENT - AND MR. VOORBERG'S COMMENTS." MOTION BY
COMMISSIONER KREBS.
MAYOR BUSH ASKED, "AND THAT WOULD BE TO MEET WITH THE..."
COMMISSIONER KREBS NOTED, "...THE DEVELOPER OF THE
COMMERCIAL PROPERTY - TO MEET WITH THE HOMEOWNER'S
ASSOCIATION."
MAYOR BUSH SAID, "SECONDED BY COMMISSIONER GILMORE."
DISCUSSION."
City Manager Ronald W McLemore returned to the dais at 7:25 p.m.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 17 OF 30
DEPUTY MAYOR McGINNIS ASKED, "CAN WE ACTUALLY DEMAND THE
DEVELOPER DO THAT?" ATTORNEY GARGANESE REPLIED, "YES - THE
WAY I THINK TO DO IT - I WOULD THINK THAT BEFORE A SITE PLAN IS
SUBMITTED TO THE CITY, OR IN CONJUNCTION WITH THAT, THEY
SHOULD BE MEETING WITH THE SURROUNDING HOMEOWNER'S
ASSOCIATION AS PART OF THE SITE PLAN REVIEW PROCESS; AND OF
COURSE, THE COMMISSION CAN HOLD THAT IN ABEYANCE UNTIL
SUCH TIME THEY MEET WITH THE SURROUNDING PROPERTY
OWNERS." DEPUTY MAYOR McGINNIS COMMENTED, "THAT IS GOOD."
COMMISSIONER KREBS SAID, "SO, IT SHOULD INCLUDE THAT
VERBIAGE." MAYOR BUSH REITERATED, "INCLUDE WHAT ANTHONY'S
(GARGANESE) RECOMMENDATION?" COMMISSIONER KREBS REPLIED,
"CORRECT." MAYOR BUSH SAID TO COMMISSIONER GILMORE, "OKAY
WITH YOU ON THAT?" COMMISSIONER GILMORE REPLIED, "YES."
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
MOTION CARRIED.
PUBLIC HEARINGS
502. Office Of The City Attorney
Requests The City Commission Consider Adopting On Second And Final Reading
Ordinance Number 2007-08 Amending Sections 19-97. And 19-100. Of The City
Code Regarding The Impo.sition Of Utility Late Fees And Reinstatement And New
Deposits For Delinquent Utility Accounts.
Attorney Garganese read the Ordinance by "Title" only and commented that "I think the
language 'or garbage collection' - it's technical but I don't really think that it should
apply for this particular provision of the Code." Attorney Garganese added, "'or garbage
collection' - you may want to strike that from this provision of the Code."
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.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9,2007
PAGE 18 OF 30
f."
"I WILL MAKE A MOTION THAT WE APPROVE ITEM '502' STRIKING
WITH THE COLLECTION OF GARBAGE SERVICES." MOTION BY DEPUTY
MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER.
DISCUSSION."
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: NAY
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER BROWN: AYE
MOTION CARRIED.
PUBLIC HEARINGS
503. Community Development Department - Planning Division
Requests That The City Commission Hold A Public Hearing For The Aesthetic
Review Of The Saratoga Condominium Site, Which Includes A 6,000 (Six
Thousand) SF (Square Foot) Commercial Component.
Mr. Stevenson introduced this Agenda Item.
Mr. Max Sabetti, Metro/is Homes, 128 East Colonial Drive, Orlando, Florida: addressed
the City Commission.
Mayor Bush asked, "How far away from the main building are the balconies?" Mr.
Sabetti responded, "Six feet (6')."
With discussion, Mr. Sabetti said, "We have a fence between the commercial portion and
the residential portion." Mayor Bush asked about the fence, to which Mr. Sabetti stated,
"In between the back of the commercial portion what we have approved in our site plan,
the original site plan that was submitted, was basically brick columns and then in
between them there's a PVC (Polyvinyl Chloride) fence."
Mr. Sabetti then remarked, "The frontage along Moss Road which is our main entry for
the residential project is brick with gates and so on, and then from that point on, it takes
off with brick columns and PVC (Polyvinyl Chloride) fencing." Mr. Sabetti continued,
"This portion which is really the main entrance to the residential component is all brick
wall, coming back in here and you see the gates up front - the island and so on, and then
from this point on, which this is the Bank of America building, you've got brick columns
and in between the brick columns there's a PVC (Polyvinyl Chloride) fence that goes in
up to that point, and then it goes across up to this point, and then from this point on,
around the retention pond is basically a black PVC (Polyvinyl Chloride) fence that covers
it.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 19 OF 30
Of course, this is all conservation area back in here and you've got the pond and then
there is a jogging path that goes around the lake area with a fountain in the middle. And
the signage for the commercial portion here again, there are two (2) brick - walls on
which the signage would be placed for the commercial component. And what
Commissioner McGinnis was referring to is the back of the buildings is - this section
here, and this section here. Of course, this is just - backing up to the - some of the
structured carports that we have and also the drive areas, and the parking lot. And then
the back ofthis one is backing up to side of one of our twenty-four (24) unit buildings."
Deputy Mayor McGinnis asked, "The parking - fronts [State Road] 434 and the building
is behind the parking?" Mr. Sabetti said, "That's correct. This is the parking area for the
commercial component. It's the parking area and then these are the two (2) buildings."
Deputy Mayor McGinnis inquired, "Is there plans for anything - room for anything like
an outdoor cafe or what kind of accommodations? Are these going to be mainly
offices?" Mr. Sabetti replied, "Well, it's a combination of retail and office. We don't
really have - that much - each one of the buildings is about three thousand (3,000) square
feet and the uses have not really been determined."
Continuing, Deputy Mayor McGinnis asked, "Can you talk a little bit about what kind of
landscaping you are going to have?" Mr. Sabetti replied, "It is pretty substantial, all the
way around the complex. Of course, we took down a lot of trees on this side, then we
had to go ahead and match up with the numbers and as you know we have also agreed to
beautify along Moss Road and somewhere along Highway [State Road] 434 to
compensate for the number of trees that we've taken down. But it is substantial. I mean,
basically, there is really not going to be much of the greenspace, it's all going to be
covered up pretty much by trees to satisfy again our tree - requirements that the City
Code calls for. The only area would be around the pond area where the jogging path is,
and even there, there is quite a few trees that are all around."
Deputy Mayor McGinnis asked, "What kind of landscaping is going to be in the parking
area?" Deputy Mayor McGinnis added, "The commercial." Mr. Sabetti replied, "There is
- a substantial amount of landscaping in this area; at the entrance; and along [State Road]
434. And then - some behind the building and on the sides."
Continuing, Deputy Mayor McGinnis asked, "How many parking - spaces are there?"
Mr. Sabetti replied, "Well, I guess what appears to be just by looking at it, there's about
fifteen (15) here, thirty (30) and my guess would be around forty (40)." Mr. Sabetti then
noted, "The islands that are provided, there is one (1) there, one (1) there, one (1) there,
one (1) there and of course all those areas would get some landscaping."
Discussion ensued on more trees and space for garbage trucks.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 20 OF 30
Mr. Stevenson said that Staff will take a look at the number of parking spaces and will
bring that back to the City Commission.
Commissioner Miller commented on breezeways and rooflines and remarked, "So, that
roofline just wasn't continued over the openings." Mr. Sabetti remarked, "You might be
right, that it might have to. ..." Commissioner Miller added, "... The roofline ought to go
down the whole length of the building I would imagine." Mr. Sabetti remarked, "The
units in the middle - do not have as much of a depth."
r:
Furthermore, Commissioner Miller said, "You are billing this as a gated community..."
Mr. Sabetti noted, "... That's correct." I just want to make sure it is a gated community.
And it's done, there is no gates there because it's not convenient for residents to get in
and out." Mr. Sabetti remarked, "We certainly - intend to gate it before we get any of the
buildings completed because that is going to be a part of our marketing for the
community."
Manager McLemore remarked, "Have we paid - very close attention to the sides of the
building and how they present to State Road 434?" Mr. Sabetti commented, "In my
opinion, we've paid quite a bit of attention to it." Manager McLemore said, "So, do we
basically have the ends or backs to the buildings facing [State Road] 434?" Mr. Sabetti
commented, "Basically the sides of the buildings."
Mr. Sabetti continued, "The components that - changed along the way was - the areas
where you see windows basically popped out to give it a little more of a definition and
then we put in these bands that as Randy (Stevenson) indicated is now going to continue
on along the portions that are also popping out. And of course, we dressed it up in the
way in the way of the bands and some of the shutters that you see also up around the
windows."
Further discussion.
"MOTION TO APPROVE." MOTION BY COMMISSIONER GILMORE.
SECONDED BY COMMISSIONER KREBS. DISCUSSION.
COMMISSIONER BROWN STATED, "HE HAS TO BUILD A MASONRY
WALL."COMMISSIONER GILMORE REMARKED, "THAT IS CORRECT."
VOTE:
COMMISSIONER BROWN: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9,2007
PAGE 21 OF 30
Mr. Stevenson said, "We will be striking 'Exhibit "F'''- that shows the vinyl wall as part
of this exhibit."
Mayor Bush said, "Randy (Stevenson) made the suggestion too, that maybe we need a
separate Motion just for the Record that Randy (Stevenson) will strike' Exhibit "F'" ."
"SO MOVED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH
STATED, "SECONDED BY COMMISSIONER GILMORE TO REMOVE THE
VISUAL THAT SHOWED THE VINYL WALL FROM THE PLANS."
DISCUSSION.
VOTE:
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
PUBLIC HEARINGS
504. Community Development Department
Requests The City Commission Hold A Public Hearing For The Aesthetic Review
Of The Your Health Food Store Building Mounted Multi-Tenant Sign Proposed For
The Tree Swallow Drive Side (South) Of The IDC (James Doran Company) Town
Center Building 16.
Mr. Baker introduced this Agenda Item.
Mayor Bush opened the "Public Input" portion of the Agenda Item.
No one spoke.
Mayor Bush closed the "Public Input" portion o/the Agenda Item.
Brief discussion.
"MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN.
SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 22 OF 30
VOTE:
COMMISSIONER BROWN : AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
PUBLIC HEARINGS
505. Not Used.
Tape 2/Side B
PUBLIC HEARINGS
506. Office Of The City Attorney And Finance Department
Request The City Commission Consider And Approve On First Reading Ordinance
Number 2007-13, Which Amends Chapter 19, Article 1 Of The City Code
Regarding Solid Waste Fees And Rates.
Mayor Bush stated, "Can we have a Motion to read by 'Title' only?"
"SO MOVED." MAYOR BUSH STATED, "MOTION BY COMMISSIONER
GILMORE. SECONDED BY COMMISSIONER McGINNIS." DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER BROWN: AYE
MOTION CARRIED.
Attorney Garganese read the Ordinance by "Title" only.
Attorney Garganese spoke on this Agenda Item and explained, "The big change to the
City Code will be subparagraph {ill.. There is an issue regarding - the collection of Solid
Waste Fees, especially on properties that don't receive any potable water or sewer service
from the City. There's really, I think - some collection exposure for the City in this
regard. You're not adequately secure in terms in collecting Solid Waste Fees. Florida
Law permits, in order to preserve the Solid Waste Special Revenue Fund, the City's
ability to impose a Lien on real property, when property owners don't pay Solid Waste
Fees. And, it gives the City leverage to collect fees for services that have been provided
and which are required to be provided for - obviously public health and safety reasons.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 23 OF 30
This Ordinance would memorialize that Solid Waste Fees will become a Lien upon
property if somebody does not pay those Fees within ninety (90) days. The City Manager
will be able to record a Lien document evidencing that this specific property is past due
on Solid Waste Fees; and that would give the City additional leverage to collect - Fees for
services provided."
Brief discussion ensued with Ms. Michelle Greco, Director, Finance Department.
Mayor Bush opened the "Public Input" portion of the Agenda Item.
No one spoke.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
"MOTION TO MOVE TO SECOND READING." MOTION BY
COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR McGINNIS.
DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
MOTION CARRIED.
Mayor Bush called a brief Recess at approximately 8:02 p.m.
The Regular Meeting was called back to Order at 8: 12 p. m.
REGULAR AGENDA
REGULAR
600. Community Development Department - Urban Beautification Services
Division
Wishes To Provide Information As Requested By The City Commission Regarding
Xeriscape™ Landscaping And Potential Developer Incentives For Conservation
Plantings.
Mr. Steve Richart, Urban Beautification Services Division Manager, Community
Development Department spoke on this Agenda Item.
Much discussion.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9,2007
PAGE 24 OF 30
"I WOULD LIKE TO MAKE A MOTION TO DIRECT STAFF TO LOOK INTO
AMENDMENTS TO THE CODE OF ORDINANCES; COME BACK WITH
SOME COMPREHENSIVE PLAN POLICY AND FORMALIZE CURRENT
PRACTICES FOR XERISCAPErM] LANDSCAPING - AND CONSERVATION
PLANNING FOR ALL THE COMMERCIAL AND FOR THE COMMON
AREAS, OF ALL NEW RESIDENTIAL DEVELOPMENT IN WINTER
SPRIN GS."
f'
MAYOR BUSH SAID, "SECONDED BY COMMISSIONER McGINNIS. STEVE
(RICHART,) DID MENTION MONEY, RIGHT? DO YOU WANT TO TALK
ABOUT THAT BRIEFLY?" MR. RICHART REPLIED, "I'D LIKE TO COME
BACK TO YOU WITH SOME PROPOSALS."
MR. RICHART CONTINUED, "I JUST WANT TO SAY SOMETHING ABOUT
YOUR RECOMMENDATION. MAKE SURE YOU'RE CLEAR ON WHAT
SHE'S SAYING - THE CODE OF ORDINANCES, YOU WANT TO LOOK AT
THE LANDSCAPE ORDINANCE FOR XERISCAPING?" COMMISSIONER
KREBS REMARKED, "RIGHT."
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER BROWN : AYE
COMMISSIONER KREBS: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
MOTION CARRIED.
Further discussion.
REGULAR
601. Community Development Department
Requests The City Commission Hear And Review The Final
SubdivisionlEngineering Plans For The Proposed Crockett Corner Subdivision.
Mr. Baker presented this Agenda Item.
With discussion, Commissioner Krebs asked, "How many gopher tortoises are you
talking about?" Mr. Baker replied, "Thirty-two (32), thirty-four (34)." Commissioner
Krebs asked, "And they are going to be relocated?" Mr. Baker replied, "Yes, that's one
of our requirements."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9,2007
PAGE 25 OF 30
Commissioner Krebs commented, "I would really be interested in watching a relocation
take place. Maybe Alex (Babcock, Seminole Chronicle) would like that as well."
Commissioner Krebs continued, "Can we find out when that will be?" Mr. Baker replied,
"Sure."
Mr. Baker said, "We can notify you." Commissioner Krebs remarked, "I would like that."
-....,/
"MOVE TO APPROVE PENDING OR WITH THE CONSIDERATION OF
REMOVING THE GOPHER TORTOISES AND A LIGHTING PLAN."
MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER
GILMORE. DISCUSSION.
VOTE:
COMMISSIONER BROWN : AYE
COMMISSIONER GILMORE: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
Commissioner Krebs asked, "Because this is not going in multiple phases, still they will
remove all of the tortoises during Phase I?" Mr. Baker replied, "Yes."
REGULAR
602. Office Of The City Manager
Requesting The City Commission To Consider The Recommendation Of The Board
Of Trustees Regarding Selection Of Asset Investment Managers And A Custodial
Bank For The City's Defined Benefit Pension Plan.
Manager McLemore spoke on this Agenda Item.
Mr. Michael S. Blake, 711 Canadice Lane, Winter Springs, Florida: remarked about the
work the Consultant did and this Agenda Item.
Tape 3/Side A
Mr. Blake continued his comments and asked for the City Commission's support.
"I MOVE THAT WE ACCEPT THE RECOMMENDATIONS OF THE BOARD
OF TRUSTEES REGARDING THE SELECTION OF ASSET INVESTMENT
MANAGERS AND THE CUSTODIAL BANK FOR A DEFINED PENSION
PLAN." MOTION BY DEPUTY MAYOR McGINNIS.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9,2007
PAGE 26 OF 30
MAYOR BUSH SAID, "THE SELECTION OF FIFTH THIRD BANK AS THE
PLAN'S CUSTODIAL BANK." DEPUTY MAYOR McGINNIS REPLIED, "YES."
MR. KEVIN SMITH, DIRECTOR, GENERAL SERVICES DEP ARTMENT
STATED, "DEPUTY MAYOR, COULD I ALSO ASK FOR APPROVAL FOR
THE CITY MANAGER - PENSION ATTORNEY AND OUR CITY ATTORNEY
TO EXECUTE NECESSARY DOCUMENTS?" DEPUTY MAYOR McGINNIS
REPLIED, "SO MOVED, YES." MAYOR BUSH SAID, "IT IS NUMBER 3. IN
THE RECOMMENDATIONS THERE."
MAYOR BUSH SAID, "MOTION BY COMMISSIONER McGINNIS.
COMMISSIONER MILLER, SECOND?" COMMISSIONER MILLER SAID,
"YES, SIR." DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN : AYE
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
REGULAR
603. Finance Department
Requesting City Commission Acceptance Of The Comprehensive Annual Financial
Report (CAFR), As Presented, For The Fiscal Year Ended September 30,2006.
Ms. Greco addressed the City Commission regarding this Agenda Item.
Ms. Kelly Leary, McDirmit, Davis and Company, LLC, 605 East Robinson Street, Suite
635, Orlando, Florida: spoke on the Comprehensive Annual Financial Report (CAFR).
Discussion.
Commissioner Miller stated, "1 think it is appropriate to compliment our financial officer
and our City Manager for producing another banner year for the City."
"I MAKE A MOTION THAT WE ACCEPT THE REPORT AS IT STANDS."
MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR
McGINNIS. DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 27 OF 30
MAYOR BUSH COMMENTED, "I THINK THAT COMMENDATIONS GO TO
THE DEPARTMENT HEADS TOO." COMMISSIONER MILLER REMARKED,
"WELL, ALSO, YES SIR. THE WHOLE TEAM." MAYOR BUSH SAID, "THE
WHOLE TEAM."
VOTE:
COMMISSIONER BROWN: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
Mayor Bush commented, "Commissioners, 1 did ask Michelle (Greco) when she had
time, to put together a brief summary - of the positive things here that we are shown.
And she is working on that. 1 think that is something good to put in the Newsletter. The
fact that all Departments came in under budget. The reserves are up; debt is down; things
like that."
REGULAR
604. Office Of The City Manager
Requesting The City Commission To Complete Appointments To The Ad Hoc
Winter Springs Citizen Property Tax Reform Mitigation Study Committee.
Mr. Smith addressed the City Commission regarding this Agenda Item.
Regarding Mr. Fred Curtis' Application, Deputy Mayor McGinnis said, "I called him; he
said he never got one." Ms. Lorenzo-Luaces replied, "Okay, we'll send another one."
Deputy Mayor McGinnis asked, "Could you send another one?" Ms. Lorenzo-Luaces
replied, "Sure."
Mayor Bush commented, "Rande Thompson has indicated an interest to serve. He is on
the TLBD (Tuscawilla Lighting and Beautification District [Advisory Committee D. SO, 1
would like to put his name forward."
Mayor Bush noted, "Rande Thompson is who 1 am recommending."
"I WILL MAKE THE MOTION." MOTION BY COMMISSIONER BROWN.
SECONDED BY COMMISSIONER KREBS. DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 28 OF 30
MAYOR BUSH SAID, "MOTION BY COMMISSIONER BROWN. SECONDED
BY COMMISSIONER KREBS TO APPOINT RANDE THOMPSON FROM
TLBD (TUSCA WILLA LIGHTING AND BEAUTIFICATION DISTRICT
[ADVISORY COMMITTEE])."
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER BROWN : AYE
MOTION CARRIED.
"I WOULD LIKE TO NOMINATE KATHRYN FAIRCHILD REPRESENTING
BOARD OF ADJUSTMENT." MOTION BY DEPUTY MAYOR McGINNIS.
SECONDED BY COMMISSIONER MILLER. DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
"I WOULD LIKE TO NOMINATE RICHARD MASTROBERTE." MOTION BY
COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR McGINNIS.
DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
MOTION CARRIED.
"I WOULD LIKE TO NOMINATE SONDRA AHLERS." MOTION BY
COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR McGINNIS.
DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 29 OF 30
VOTE:
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
REGARDING AN APPOINTEE FROM THE OAK FOREST WALL AND
BEAUTIFICATION DISTRICT ADVISORY COMMITTEE, COMMISSIONER
MILLER STATED, "I WOULD LIKE TO NOMINATE TERRY PATTON."
MOTION BY COMMISSIONER MILLER.
COMMISSIONER KREBS ASKED, "DO YOU THINK HE WILL DO IT?"
COMMISSIONER MILLER REPLIED, "I DON'T KNOW. I WILL HAVE TO
CALL HIM AND ASK HIM." COMMISSIONER MILLER CONTINUED, "I AM
SURE HE PROBABLY WOULD."
MAYOR BUSH SAID, "SECONDED BY DEPUTY MA YOR McGINNIS.
DISCUSSION."
VOTE:
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER BROWN : AYE
MOTION CARRIED.
Discussion.
REGULAR
605. Community Development Department
Requests The City Commission Make The Remaining Appointments To The 2007
Winter Springs Districting Commission.
Mayor Bush commented, "So, Commissioners Miller and Gilmore will have their
Appointments at our next Meeting."
ADJOURNMENT
Mayor Bush adjourned the Regular Meeting at 9:15 p.m.
RESPECTFULLY SUBMITTED:
DANIELLE HARKER, ASSISTANT TO THE CITY CLERK
ANDREA LORENZO-LUACES, CMC
CITY CLERK
APPROVED:
JOHN F. BUSH
MAYOR
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9,2007
PAGE 30 OF 30
NOTE: These Minutes were approved at the
, 2007 Regular City Commission Meeting.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING
APRIL 9, 2007
CALL TO ORDER
The Regular Meeting of Monday, April 9, 2007 of the City Commission was called to
Order by Mayor John F. Bush at 5:15.m. in the Commission Chambers of the Municipal
Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708).
Roll Call:
Mayor John F. Bush, present
Deputy Mayor Sally McGinnis, present
Commissioner Robert S. Miller, present
Commissioner Rick Brown, present
Commissioner Donald A. Gilmore, present
Commissioner Joanne M. Krebs, present
City Manager Ronald W. McLemore, arrived at 5:19 p.m.
City Attorney Anthony A. Garganese, present
Mayor Bush said, "The only Agenda Change that I am aware of is the A wards and
Presentation, Mr. [Byron] Giltz could not attend tonight, so we will not do that. It has
already been approved."
INFORMATIONAL AGENDA
INFORMATIONAL
100. Community Development Department
Advising The City Commission Of The Status Of Various Current Planning
Projects.
No discussion.
INFORMATIONAL
101. Not Used.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9,2007
PAGE 2 OF 30
INFORMATIONAL
102. Community Development Department - Urban Beautification Services
Division
Informing The City Commission Regarding The Status Of Beautification And
Arbor Projects In The City.
Brief discussion.
INFORMATIONAL
103. Parks And Recreation Department
Wishes To Inform The City Commission About The Lightning Alert Equipment
That Seminole County Uses At Their Sports Complexes.
Discussion ensued with Mr. Chuck Pula, Director, Parks and Recreation Department.
City Manager Ronald W McLemore arrived at 5:19 p.m.
Mayor Bush said, "If that is something you want Chuck (Pula) to put in his Budget
request, you probably need to make a Motion."
"I WILL MAKE THAT MOTION." MOTION BY DEPUTY MAYOR McGINNIS.
SECONDED BY COMMISSIONER GILMORE. DISCUSSION.
MAYOR BUSH SAID, "AND THE MOTION IS THAT..." COMMISSIONER
GILMORE STATED, "...WE CONSIDER A PERMANENT FIX, 'THOR
GUARD' OR EQUIVALENT, PERMANENTLY MOUNTED UNIT IN CENTRAL
WINDS PARK WHICH IS CONNECTED TO AN ALARM HORN."
MAYOR BUSH SAID, "WHEN YOU SAY CONSIDER..." DEPUTY MAYOR
McGINNIS SAID, "...MY MOTION WOULD BE THAT CHUCK (PULA)
INCLUDE IN HIS BUDGET..." MAYOR BUSH SAID, "...TO BUY IT."
DEPUTY MAYOR McGINNIS NOTED, "AN ITEM - PURCHASE OF A 'THOR
GUARD' SYSTEM TO BE USED IN CENTRAL WINDS PARK AND THAT
EACH YEAR WE WOULD HOPEFULLY BE ABLE TO ADD A PARK."
MAYOR BUSH REITERATED, "THE MOTION IS TO PURCHASE IT AND
THEN INSTALL IT AT CENTRAL WINDS [PARK]." DISCUSSION.
COMMISSIONER KREBS SAID, "MOTION TO AMEND THE MOTION TO
CONSIDER OR TO INCLUDE ALL PARKS IN THE BUDGET REQUEST."
MOTION DIED FOR LACK OF A SECOND.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9,2007
PAGE 3 OF 30
"I WONDER IF I COULD RE-WORD THAT - TO INCLUDE ALL ACTIVE
P ARKS WHERE SPORTING EVENTS ARE NORMALLY HELD." MOTION
BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS.
DISCUSSION.
DEPUTY MAYOR McGINNIS ADDED, "IF THERE WOULD EVER BE A
PRESENTATION, I WOULD BE MORE INTERESTED IN HEARING FROM
THE COUNTY THAN THE MANUFACTURER."
FURTHER DISCUSSION.
VOTE: (AMENDMENT TO THE MOTION)
COMMISSIONER BROWN: NAY
COMMISSIONER GILMORE: NAY
COMMISSIONER MILLER: NAY
DEPUTY MAYOR McGINNIS: NAY
COMMISSIONER KREBS: NAY
MOTION DID NOT CARRY.
WITH DISCUSSION ON THE ORIGINAL MOTION, DEPUTY MAYOR
McGINNIS REMARKED, "TO HAVE IT IN THE BUDGET..." MAYOR BUSH
NOTED, "...THAT MEANS TO BUY IT, THOUGH..." DEPUTY MAYOR
McGINNIS ADDED, "...WITH THE INTENT TO PURCHASE."
VOTE: (ON THE ORIGINAL MOTION)
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN : NAY
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: NAY
MOTION CARRIED.
"I WOULD LIKE TO MAKE ANOTHER MOTION THAT WE HAVE THE
DATA PRESENTED TO THE COMMISSION FOR THE VARIOUS SYSTEMS
AND WE TAKE A LOOK AT IT BEFORE THE FINAL DECISION IS MADE
AND WE GET THE INFORMATION IN TWO (2) WEEKS FROM TONIGHT."
MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER
BROWN. DISCUSSION.
MAYOR BUSH SAID, "THE FINAL DECISION HAS BEEN MADE."
COMMISSIONER MILLER SAID, "I AM ASKING FOR A PRESENTATION."
MAYOR BUSH ASKED, "YOU ARE ASKING FOR A PRESENTATION, BUT
YOU ARE NOT ASKING THAT YOU RESCIND WHAT WE JUST DID? IS
THAT CORRECT?" COMMISSIONER MILLER SAID, "NO, I AM NOT."
DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9,2007
PAGE 4 OF 30
MAYOR BUSH SAID TO MR. PULA, "YOU WILL LET US KNOW WHEN YOU
CAN GET THIS?"
COMMISSIONER KREBS ADDED, "EVEN THOUGH WE ARE VOTING IT
INTO THE BUDGET, DOESN'T MEAN IT CAN'T BE CUT." MANAGER
McLEMORE COMMENTED, "ABSOLUTELY CORRECT."
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER BROWN : AYE
MOTION CARRIED.
INFORMATIONAL
104. Public Works Department
Informing The City Commission On Stop Signs At The Winter Springs
Boulevard/Northern Way Intersection (West).
There was no discussion on this Agenda Item.
INFORMATIONAL
105. Public Works Department
Informing The City Commission On Seminole County's Plans For Citrus Road.
This Agenda Item was not discussed.
INFORMATIONAL
106. Office Of The City Manager
Providing The City Commission With Information Regarding The City Pension
Plan's 1st Quarter FY (Fiscal Year) 2007 Investment Performance.
Commissioner Rick Brown asked Manager McLemore, "Is there somebody here who can
give us a verbal update on this or verbal discussion on this, as to how it performed?"
Manager McLemore said, "Yes. I think we can cover all that during the Agenda Item."
Mayor Bush said, "So, '106' will be covered when the Regular Agenda Item comes up on
the Pension?" Manager McLemore said, "Okay."
Mayor Bush said, "Can I have a Motion then for Informational?"
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 5 OF 30
"SO MOVED." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY
COMMISSIONER BROWN. DISCUSSION.
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER BROWN: AYE
MOTION CARRIED.
.:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS
WERE DISCUSSED, BUT NOT NECESSARILY IN THE ORDER
DOCUMENTED. .:. .:.
CONSENT AGENDA
CONSENT
200. Community Development Department - Urban Beautification Services
Division
Requesting Approval Of Resolution Number 2007-16 Authorizing The City
Manager To Enter Into A Florida Department Of Transportation (FDOT) Joint
Participation Agreement (JP A) For $142k ($142,000.00) In Landscape
Improvements Located On State Road 434.
Mr. Steven Richart, Urban Beautification Services Division Manager, Community
Development Department addressed the City Commission on this Agenda Item.
Discussion
"MOTION TO APPROVE" (CONSENT AGENDA ITEM '200'.) MOTION BY
DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER.
DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER BROWN : AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 6 OF 30
CONSENT
201. Community Development Department - Urban Beautification Services
Division
Requesting Authorization To Enter Into A Contract Agreement With Vila & Son
Landscaping Corporation In The Amount Of $100,202.00 To Install Trees Along
The Cross Seminole Trail As Part Of A Florida Division Of Forestry Emergency
Hurricane Grant Project (RFP (Request For Proposal)/DF -04/05-99).
Mr. Richart commented on this Consent Agenda Item.
"MOTION TO APPROVE '201'." MOTION BY COMMISSIONER KREBS.
SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION.
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN : AYE
MOTION CARRIED.
CONSENT
202. Parks And Recreation Department
Requesting The City Commission To Authorize The City Manager To Execute A
Contract With Premier Pyrotechnics For A Good Fireworks Display On July 4,
2007.
Mr. Pula addressed questions from the City Commission.
Discussion.
"MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS.
SECONDED BY COMMISSIONER KREBS. DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER BROWN : AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9,2007
PAGE 7 OF 30
CONSENT
203. Parks And Recreation Department
Requesting The City Commission To Authorize The City Manager To Execute The
Agreement Between The City Of Winter Springs And Infinity Broadcasting For
July 4, 2007, Sponsors, Vendors, And Promotion.
Discussion followed with Mr. Pula.
"MOTION TO APPROVE ITEM '203'." MOTION BY DEPUTY MAYOR
McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION.
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN : AYE
MOTION CARRIED.
CONSENT
204. Parks And Recreation Department
Requesting A (20)06/(20)07 Budget Amendment Increasing The Expenditure Of The
Summer Day Camps By $15,000.00 And Increasing The Revenue Of The Summer
Day Camps By $15,600.00.
Discussion.
CONSENT
205. Parks And Recreation Department
Requests The City Commission To Authorize The City Manager To Execute The
2007 Summer Camp Use Agreement Between The City Of Winter Springs And The
Christian Church Of Winter Springs Providing The City Of Winter Springs With
An Appropriate Venue To Offer Its 2007 Summer Camp Program At The Church
Facilities Upon The Terms And Condition Set Forth In The Proposed Agreement.
There was no discussion on this Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 8 OF 30
CONSENT
206. Community Development Department - Urban Beautification Services
Division
Requesting Authorization For A Supplemental Appropriation In The Amount Of
$20k ($20,000.00) From The General Fund For Plant Installations Along State Road
434 In Village Walk.
Discussion.
Commissioner Miller spoke for the Record about this project.
Tape I/Side 8
Manager McLemore commented for the Record about tree replacements and replantings
related to past Hurricanes.
MOTION TO APPROVE. MAYOR BUSH ST A TED, "MOTION BY
COMMISSIONER GILMORE." SECONDED BY DEPUTY MAYOR McGINNIS.
DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER BROWN : NAY
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
MOTION CARRIED.
CONSENT
207. Office Of The Mayor
Requests The City Commission Approve Resolution Number 2007-17 Honoring
Helen Baker For Her Outstanding Service On The Tuscawilla Lighting And
Beautification District Advisory Committee.
This Agenda Item was not discussed.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 9 OF 30
CONSENT
208. Public Works Department - Stormwater Division
Requests City Commission Re-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.
There was no discussion on this Agenda Item.
CONSENT
209. Public Works Department
Requests City Commission Authorization To Enter Into A Memorandum Of
Agreement With Seminole County For A Countywide Mosquito Control Program.
This Agenda Item was not discussed.
CONSENT
210. Information Services Department
Requests Authorization To Dispose Of Surplus Assets According To The Attached
Disposition Sheets.
There was no discussion on this Agenda Item.
CONSENT
211. Office Of The Mayor
Asking The City Commission To Review And Approve The Attached Resolution
Number 2007-19 Related To Supporting Legislative Priorities For The Florida
League Of Cities.
This Agenda Item was not discussed.
CONSENT
212. Office Of The City Clerk
Requesting Approval Of The March 26, 2007 Regular City Commission Meeting
Minutes.
There was no discussion on this Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 10 OF 30
"MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS.
MAYOR BUSH NOTED, "MOTION TO APPROVE THE CONSENT AGENDA
ITEMS THAT WE DIDN'T HAVE MOTIONS ON." SECONDED BY
COMMISSIONER GILMORE. DISCUSSION.
VOTE:
COMMISSIONER BROWN: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
AWARDS AND PRESENTATIONS
AWARDS AND PRESENT A nONS
300. Office Of The Mayor
Presentation Of Resolution Number 2007-14 To Mr. Byron Giltz For His Service On
The Board Of Trustees.
As noted earlier in the Meeting, this Resolution was not presented.
RECESS
Mayor Bush called a Recess at 6:05 p.m.
The Regular Meeting was called back to Order at 6:28 p.m.
REPORTS
REPORTS
400. Office Of The City Attorney - Anthony A. Garganese, Esquire
City Attorney Anthony A. Garganese gave an update on some pending cases.
Attorney Garganese then stated, "You should have all received a detailed memorandum
regarding the toll road issue. Unless I hear anything further or get any other direction
from the Commission I am going to let that one lie. So, it is in your court whether you
want to discuss that matter any further."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9,2007
PAGE 11 OF30
REPORTS
401. Office Of The City Manager - Ronald W. McLemore
Manager McLemore commented on a recent meeting with Bart Phillips on his situation;
and noted, "I will need a little bit of money to do some landscape, architectural kind of
work as a way of us talking graphically about his situation; maybe - starting a discussion
about how we can make the park start looking like a real park and not be offensive to the
neighbors."
Continuing, Manager McLemore suggested, "I think it would be a good idea for - five
thousand dollars ($5,000.00). I think we could do a lot of work in trying to see if there
are some real avenues we can go down with Bart (Phillips) as well as the other members
of the park, to really clean it up and try to make it an asset rather than a liability that it
is." Manager McLemore then said, "If you are agreeable, then I will move forward and
just put a confirmation kind of Consent Agenda Item for the next Meeting just to firm the
supplemental appropriation. I think it will be well worth it."
Commissioner Joanne M. Krebs stated, "When do you intend to meet with him next? I
really would like to be there if! could." Manager McLemore said, "If you approve this
tonight, then I am going to approve a Letter of Agreement between me and Bill Starmer."
Manager McLemore then said to Commissioner Krebs, "Can I ask, just give me a little
bit of time with him - and then we can bring it up to your level."
Deputy Mayor Sally McGinnis said, "Good Ron (McLemore), it is a good place to start."
Furthermore, Deputy Mayor McGinnis then spoke of some environmental issues and
noted, "But we need to be mindful of the position of the Grove (Counseling Center) over
there too."
Discussion.
"I MOVE THAT WE APPROPRIATE FIVE THOUSAND DOLLARS ($5,000.00)
FOR THE CITY MANAGER TO WORK WITH THE INDUSTRIAL PARK AS
HE SEES FIT." MOTION BY DEPUTY MAYOR McGINNIS. MAYOR BUSH
STATED, "SECONDED BY COMMISIONER MILLER." DISCUSSION.
VOTE:
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN : AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9,2007
PAGE 12 OF 30
REPORTS
402. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC
City Clerk Andrea Lorenzo-Luaces spoke on the MetroPlan Citizen's Advisory
Committee and stated, "Your Appointee from the past few years, is no longer on the
Board so I will be getting you some more information. The gentlemen who before held
the position was a Transportation Engineer so you might want to think of somebody in
the next couple of Meetings that the Commission should appoint and again, I'll get you
some information." Mayor Bush asked, "Is that the Commission's appointment?"
City Clerk Lorenzo-Luaces said, "Yes;Sir. Well, it could be anybody's suggestion, just
ratified by the Commission." Mayor Bush said, "Brian (Fields, P.E., City Engineer,
Public Works Department), if you know anybody Brian (Fields), would you let the Clerk
know or Kip (Lockcuff, P.E., Director, Public WorkslUtility Department), if you know of
anybody - so, we can get the Winter Springs person back on that Committee."
REPORTS
403. Commission Seat Four/Deputy Mayor - Sally McGinnis
Deputy Mayor McGinnis mentioned including the State of the City and the SGTV
(Seminole County Government Television) schedule in the Newsletter. Mayor Bush
stated, "The Clerk has got - those dates."
Discussion ensued on new businesses opening in the City.
REPORTS
404. N ot Used.
REPORTS
405. Commission Seat Five - Joanne M. Krebs
Commissioner Krebs spoke of changing when "Reports" are held during a Regular
Meeting. Discussion.
"I WOULD LIKE TO MAKE A MOTION THEN THAT WE JUST MOVE
REPORTS TO - FROM WHERE IT IS CURRENTLY TO THE END OF THE
MEETING AND END THE MEETING WITH OUR REPORTS." MOTION BY
COMMISSIONER KREBS. SECONDED BY COMMISSIONER GILMORE.
DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE I3 OF 30
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER BROWN : NAY
COMMISSIONER MILLER: NAY
DEPUTY MAYOR McGINNIS: NAY
MOTION DID NOT CARRY.
Commissioner Krebs asked about the signage on the office building at Vistawilla Drive.
REPORTS
406. Office Of The Mayor - John F. Bush
Mayor Bush spoke of an upcoming Joint City/County Advisory Committee Meeting
scheduled for April 18, 2007 and mentioned that he and Commissioner Donald A.
Gilmore were members and would be attending.
Next, Mayor Bush spoke of a letter related to the Orlando Sanford International Airport.
Mayor Bush said, "I gave the Clerk the Minutes of the MetroPlan Advisory Committee
Meeting that was held last week. If you want to see it, she will put a Notice out. And
also, there is an Interim Report available on the Joint City/County Advisory Committee -
a draft that will be approved on the 18th and she will have that, if you want to see that as
well. "
Regarding the Cross Seminole Trail, Mayor Bush asked if there was support from the
City Commission to get Mr. Bart Philips together with the County. Discussion.
REPORTS
407. Commission Seat One - Robert S. Miller
Commissioner Miller asked about the status of the proposed meeting with the City of
Oviedo.
REPORTS
408. Commissioner Seat Two - Rick Brown
Commissioner Brown asked about a porta-potty on the Schrimsher property, to the north
of McDonalds. Manager McLemore said, "I will certainly check it out for you." Mr.
Randy Stevenson, ASLA, Director, Community Development Department said, "We will
check it."
Garages at the Tuskawilla Office Park was brought up next.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9,2007
PAGE 14 OF 30
With discussion on the signage, communications, and any related Policy regarding the
recent Easter Egg Hunt event, Mr. Pula remarked, "I will have to look into it and find
out."
REPORTS
409. Commission Seat Three - Donald A. Gilmore
Commissioner Gilmore said, "Congratulations on the Easter Egg Hunt. It was a
wonderful time up there. Many children were just having the time of their life. I think
you, your Staff, and the 107.7 (Magic107 Radio) and the rest did a wonderful job, and
you deserve a round of applause on that. You really did a good job!" Discussion ensued
on the Easter Egg Hunt event.
Next, Commissioner Gilmore asked about the status of the compatibility Ordinance. Mr.
Stevenson said, "I have it on the top of my list of things to finalize. And we will be
bringing it back probably, if not the last Meeting this month, the first Meeting - in May
we have two (2) Meetings to go before it expires again."
As to forthcoming Code Enforcement issues to be discussed in a possible Ordinance,
Commissioner Gilmore asked about the status of that effort.
Tape 2/Side A
Captain Glenn Tolleson, Police Department commented, "In general, there are several
issues that we're trying to put all together and bring this one back." As to when, Captain
Tolleson suggested, "I am hoping for July."
PUBLIC INPUT
Mr. Stan Toledo, 1746 Seneca Boulevard, Winter Springs, Florida: spoke of City of
Winter Springs and City of Oviedo projects.
Mr. Jeff McCall, Winter Springs Professional Firefighters: spoke on several Fire Union
fundraisers and the status of their Contract negotiations.
Ms. Eloise Bledsoe, 180 East Panama, Winter Springs, Florida: regarding a lot split, Ms.
Bledsoe asked that this be approved.
Manager McLemore said, "Randy (Stevenson) can get with her."
City Manager Ronald W McLemore left the dais at 7: 18 p. m.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 15 OF 30
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For Second Reading And
Adoption Of Ordinance Number 2007-02, A Small Scale FLUM (Future Land Use
Map) Amendment Which Changes The Future Land Use Map Designation Of A
1.76 Acre Parcel, Located At 282 West State Road 434, East Of Barrington Estates,
From (Seminole County) "Suburban Estates" To (City Of Winter Springs)
"Commercial" .
Attorney Garganese read Ordinance 2007-02 by "Title" only and commented that "A
sub-part of item '501', which is coming up. If you recall, there was a lot of discussion
about height compatibility. I just want to bring to your attention that there is a
'DEVELOPMENT AGREEMENTINOTICE OF ZONING RESTRICTION' on the next
Agenda Item which implements a provision of 20 .31. (e) of the City Code which permits
the City to impose Zoning restrictions as part of a Zoning Application and that
'DEVELOPMENT AGREEMENTINOTICE OF ZONING RESTRICTION' - if we get
there, would limit the height of structures to thirty-five feet (35') in height, not to exceed
two (2) stories, to address that particular issue."
Mayor Bush opened the "Public Input" portion of the Agenda Item.
Mr. Richard Voorberg, 1526 Wescott Loop, Winter Springs, Florida: asked that the City
Commission encourage the Developer to meet with the residents of Barrington Estates.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
"I MAKE A MOTION TO ADOPT ORDINANCE - 2007-02." MOTION BY
COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN.
DISCUSSION.
VOTE:
COMMISSIONER BROWN : AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 16 OF 30
PUBLIC HEARINGS
501. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For Second Reading And
Adoption On Ordinance Number 2007-03 Which Rezones 1.76 Acres (More Or
Less), Located At 282 West State Road 434 East Of Barrington Estates, From "A-
10" Agricultural (Seminole County) To "C-1 Neighborhood Commercial" (City Of
Winter Springs).
Attorney Garganese read Ordinance 2007-03 by "Title" only and stated, "This Ordinance
does has a Conditional 'Effective Date.' - it would only become effective upon
Ordinance 2007 -02 becoming Adopted - or effective. Furthermore, at the last
Commission Meeting, we had significant discussion regarding compatibility of
commercial buildings in excess of two (2) stories or thirty-five feet (35') in height. I
think that testimony should be incorporated as part of the Record for this Second and
Final Hearing. Furthermore, as part of 2007 -03, if the Commission were to approve it, it
would be Approved as proposed in conjunction with the 'DEVELOPMENT
AGREEMENT/NOTICE OF ZONING RESTRICTION' which is set forth limiting the
height to again thirty-five feet (35'), two (2) stories, maximum."
Mayor Bush opened the "Public Input" portion of the Agenda Item.
No one spoke.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
"MOTION TO ADOPT AND INCLUDE THE TESTIMONY THAT ANTHONY
(GARGANESE) REFERRED TO AS WELL AS THE DEVELOPMENT
AGREEMENT - AND MR. VOORBERG'S COMMENTS." MOTION BY
COMMISSIONER KREBS.
MAYOR BUSH ASKED, "AND THAT WOULD BE TO MEET WITH THE..."
COMMISSIONER KREBS NOTED, "...THE DEVELOPER OF THE
COMMERCIAL PROPERTY - TO MEET WITH THE HOMEOWNER'S
ASSOCIATION."
MAYOR BUSH SAID, "SECONDED BY COMMISSIONER GILMORE."
DISCUSSION."
City Manager Ronald W McLemore returned to the dais at 7:25 p.m.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9,2007
PAGE 17 OF 30
DEPUTY MAYOR McGINNIS ASKED, "CAN WE ACTUALLY DEMAND THE
DEVELOPER DO THAT?" ATTORNEY GARGANESE REPLIED, "YES - THE
WAY I THINK TO DO IT - I WOULD THINK THAT BEFORE A SITE PLAN IS
SUBMITTED TO THE CITY, OR IN CONJUNCTION WITH THAT, THEY
SHOULD BE MEETING WITH THE SURROUNDING HOMEOWNER'S
ASSOCIATION AS PART OF THE SITE PLAN REVIEW PROCESS; AND OF
COURSE, THE COMMISSION CAN HOLD THAT IN ABEYANCE UNTIL
SUCH TIME THEY MEET WITH THE SURROUNDING PROPERTY
OWNERS." DEPUTY MAYOR McGINNIS COMMENTED, "THAT IS GOOD."
COMMISSIONER KREBS SAID, "SO, IT SHOULD INCLUDE THAT
VERBIAGE." MAYOR BUSH REITERATED, "INCLUDE WHAT ANTHONY'S
(GARGANESE) RECOMMENDATION?" COMMISSIONER KREBS REPLIED,
"CORRECT." MAYOR BUSH SAID TO COMMISSIONER GILMORE, "OKAY
WITH YOU ON THAT?" COMMISSIONER GILMORE REPLIED, "YES."
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER BROWN : AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
MOTION CARRIED.
PUBLIC HEARINGS
502. Office Of The City Attorney
Requests The City Commission Consider Adopting On Second And Final Reading
Ordinance Number 2007-08 Amending Sections 19-97. And 19-100. Of The City
Code Regarding The Imposition Of Utility Late Fees And Reinstatement And New
Deposits For Delinquent Utility Accounts.
Attorney Garganese read the Ordinance by "Title" only and commented that "I think the
language 'or garbage collection' - it's technical but I don't really think that it should
apply for this particular provision of the Code." Attorney Garganese added, "'or garbage
collection' - you may want to strike that from this provision of the Code."
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.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 18 OF 30
"I WILL MAKE A MOTION THAT WE APPROVE ITEM '502' STRIKING
WITH THE COLLECTION OF GARBAGE SERVICES." MOTION BY DEPUTY
MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER.
DISCUSSION."
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: NAY
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER BROWN : AYE
MOTION CARRIED.
PUBLIC HEARINGS
503. Community Development Department - Planning Division
Requests That The City Commission Hold A Public Hearing For The Aesthetic
Review Of The Saratoga Condominium Site, Which Includes A 6,000 (Six
Thousand) SF (Square Foot) Commercial Component.
Mr. Stevenson introduced this Agenda Item.
Mr. Max Sabetti, Metrolis Homes, 128 East Colonial Drive, Orlando, Florida: addressed
the City Commission.
Mayor Bush asked, "How far away from the main building are the balconies?" Mr.
Sabetti responded, "Six feet (6')."
With discussion, Mr. Sabetti said, "We have a fence between the commercial portion and
the residential portion." Mayor Bush asked about the fence, to which Mr. Sabetti stated,
"In between the back of the commercial portion what we have approved in our site plan,
the original site plan that was submitted, was basically brick columns and then in
between them there's a PVC (Polyvinyl Chloride) fence."
Mr. Sabetti then remarked, "The frontage along Moss Road which is our main entry for
the residential project is brick with gates and so on, and then from that point on, it takes
off with brick columns and PVC (Polyvinyl Chloride) fencing." Mr. Sabetti continued,
"This portion which is really the main entrance to the residential component is all brick
wall, coming back in here and you see the gates up front - the island and so on, and then
from this point on, which this is the Bank of America building, you've got brick columns
and in between the brick columns there's a PVC (Polyvinyl Chloride) fence that goes in
up to that point, and then it goes across up to this point, and then from this point on,
around the retention pond is basically a black PVC (Polyvinyl Chloride) fence that covers
it.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 19 OF 30
Of course, this is all conservation area back in here and you've got the pond and then
there is a jogging path that goes around the lake area with a fountain in the middle. And
the signage for the commercial portion here again, there are two (2) brick - walls on
which the signage would be placed for the commercial component. And what
Commissioner McGinnis was referring to is the back of the buildings is - this section
here, and this section here. Of course, this is just - backing up to the - some of the
structured carports that we have and also the drive areas, and the parking lot. And then
the back of this one is backing up to side of one of our twenty-four (24) unit buildings."
Deputy Mayor McGinnis asked, "The parking - fronts [State Road] 434 and the building
is behind the parking?" Mr. Sabetti said, "That's correct. This is the parking area for the
commercial component. It's the parking area and then these are the two (2) buildings."
Deputy Mayor McGinnis inquired, "Is there plans for anything - room for anything like
an outdoor cafe or what kind of accommodations? Are these going to be mainly
offices?" Mr. Sabetti replied, "Well, it's a combination of retail and office. We don't
really have - that much - each one of the buildings is about three thousand (3,000) square
feet and the uses have not really been determined."
Continuing, Deputy Mayor McGinnis asked, "Can you talk a little bit about what kind of
landscaping you are going to have?" Mr. Sabetti replied, "It is pretty substantial, all the
way around the complex. Of course, we took down a lot of trees on this side, then we
had to go ahead and match up with the numbers and as you know we have also agreed to
beautify along Moss Road and somewhere along Highway [State Road] 434 to
compensate for the number of trees that we've taken down. But it is substantial. I mean,
basically, there is really not going to be much of the greenspace, it's all going to be
covered up pretty much by trees to satisfy again our tree - requirements that the City
Code calls for. The only area would be around the pond area where the jogging path is,
and even there, there is quite a few trees that are all around."
Deputy Mayor McGinnis asked, "What kind of landscaping is going to be in the parking
area?" Deputy Mayor McGinnis added, "The commercial." Mr. Sabetti replied, "There is
- a substantial amount of landscaping in this area; at the entrance; and along [State Road]
434. And then - some behind the building and on the sides."
Continuing, Deputy Mayor McGinnis asked, "How many parking - spaces are there?"
Mr. Sabetti replied, "Well, I guess what appears to be just by looking at it, there's about
fifteen (15) here, thirty (30) and my guess would be around forty (40)." Mr. Sabetti then
noted, "The islands that are provided, there is one (1) there, one (1) there, one (1) there,
one (1) there and of course all those areas would get some landscaping."
Discussion ensued on more trees and space for garbage trucks.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9,2007
PAGE 20 OF 30
Mr. Stevenson said that Staff will take a look at the number of parking spaces and will
bring that back to the City Commission.
Commissioner Miller commented on breezeways and rooflines and remarked, "So, that
roofline just wasn't continued over the openings." Mr. Sabetti remarked, "You might be
right, that it might have to...." Commissioner Miller added, "... The roofline ought to go
down the whole length of the building I would imagine." Mr. Sabetti remarked, "The
units in the middle - do not have as much of a depth."
Furthermore, Commissioner Miller said, "You are billing this as a gated community..."
Mr. Sabetti noted, "... That's correct." I just want to make sure it is a gated community.
And it's done, there is no gates there because it's not convenient for residents to get in
and out." Mr. Sabetti remarked, "We certainly - intend to gate it before we get any of the
buildings completed because that is going to be a part of our marketing for the
community."
Manager McLemore remarked, "Have we paid - very close attention to the sides of the
building and how they present to State Road 434?" Mr. Sabetti commented, "In my
opinion, we've paid quite a bit of attention to it." Manager McLemore said, "So, do we
basically have the ends or backs to the buildings facing [State Road] 434?" Mr. Sabetti
commented, "Basically the sides of the buildings."
Mr. Sabetti continued, "The components that - changed along the way was - the areas
where you see windows basically popped out to give it a little more of a definition and
then we put in these bands that as Randy (Stevenson) indicated is now going to continue
on along the portions that are also popping out. And of course, we dressed it up in the
way in the way of the bands and some of the shutters that you see also up around the
windows. "
Further discussion.
"MOTION TO APPROVE." MOTION BY COMMISSIONER GILMORE.
SECONDED BY COMMISSIONER KREBS. DISCUSSION.
COMMISSIONER BROWN STATED, "HE HAS TO BUILD A MASONRY
W ALL."COMMISSIONER GILMORE REMARKED, "THAT IS CORRECT."
VOTE:
COMMISSIONER BROWN: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 21 OF 30
Mr. Stevenson said, "We will be striking 'Exhibit "F'" - that shows the vinyl wall as part
of this exhibit."
Mayor Bush said, "Randy (Stevenson) made the suggestion too, that maybe we need a
separate Motion just for the Record that Randy (Stevenson) will strike 'Exhibit "F"'."
"SO MOVED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH
STATED, "SECONDED BY COMMISSIONER GILMORE TO REMOVE THE
VISUAL THAT SHOWED THE VINYL WALL FROM THE PLANS."
DISCUSSION.
VOTE:
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
PUBLIC HEARINGS
504. Community Development Department
Requests The City Commission Hold A Public Hearing For The Aesthetic Review
Of The Your Health Food Store Building Mounted Multi-Tenant Sign Proposed For
The Tree Swallow Drive Side (South) Of The JDC (James Doran Company) Town
Center Building 16.
Mr. Baker introduced this Agenda Item.
Mayor Bush opened the "Public Input" portion of the Agenda Item.
No one spoke.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
Brief discussion.
"MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN.
SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 22 OF 30
YOTE:
COMMISSIONER BROWN : AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
PUBLIC HEARINGS
505. Not Used.
Tape 2/Side B
PUBLIC HEARINGS
506. Office Of The City Attorney And Finance Department
Request The City Commission Consider And Approve On First Reading Ordinance
Number 2007-13, Which Amends Chapter 19, Article 1 Of The City Code
Regarding Solid Waste Fees And Rates.
Mayor Bush stated, "Can we have a Motion to read by 'Title' only?"
"SO MOYED." MAYOR BUSH STATED, "MOTION BY COMMISSIONER
GILMORE. SECONDED BY COMMISSIONER McGINNIS." DISCUSSION.
YOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER BROWN: AYE
MOTION CARRIED.
Attorney Garganese read the Ordinance by "Title" only.
Attorney Garganese spoke on this Agenda Item and explained, "The big change to the
City Code will be subparagraph!S}. There is an issue regarding - the collection of Solid
Waste Fees, especially on properties that don't receive any potable water or sewer service
from the City. There's really, I think - some collection exposure for the City in this
regard. You're not adequately secure in terms in collecting Solid Waste Fees. Florida
Law permits, in order to preserve the Solid Waste Special Revenue Fund, the City's
ability to impose a Lien on real property, when property owners don't pay Solid Waste
Fees. And, it gives the City leverage to collect fees for services that have been provided
and which are required to be provided for - obviously public health and safety reasons.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 23 OF 30
This Ordinance would memorialize that Solid Waste Fees will become a Lien upon
property if somebody does not pay those Fees within ninety (90) days. The City Manager
will be able to record a Lien document evidencing that this specific property is past due
on Solid Waste Fees; and that would give the City additional leverage to collect - Fees for
services provided."
Brief discussion ensued with Ms. Michelle Greco, Director, Finance Department.
Mayor Bush opened the "Public Input" portion of the Agenda Item.
Noone spoke.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
"MOTION TO MOVE TO SECOND READING." MOTION BY
COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR McGINNIS.
DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER BROWN : AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
MOTION CARRIED.
Mayor Bush called a brief Recess at approximately 8:02 p.m.
The Regular Meeting was called back to Order at 8: 12 p. m.
REGULAR AGENDA
REGULAR
600. Community Development Department - Urban Beautification Services
Division
Wishes To Provide Information As Requested By The City Commission Regarding
Xeriscape™ Landscaping And Potential Developer Incentives For Conservation
Plantings.
Mr. Steve Richart, Urban Beautification Services Division Manager, Community
Development Department spoke on this Agenda Item.
Much discussion.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9,2007
PAGE 24 OF 30
"I WOULD LIKE TO MAKE A MOTION TO DIRECT STAFF TO LOOK INTO
AMENDMENTS TO THE CODE OF ORDINANCES; COME BACK WITH
SOME COMPREHENSIVE PLAN POLICY AND FORMALIZE CURRENT
PRACTICES FOR XERISCAPErM] LANDSCAPING - AND CONSERVATION
PLANNING FOR ALL THE COMMERCIAL AND FOR THE COMMON
AREAS, OF ALL NEW RESIDENTIAL DEVELOPMENT IN WINTER
SPRINGS."
MAYOR BUSH SAID, "SECONDED BY COMMISSIONER McGINNIS. STEVE
(RICHART,) DID MENTION MONEY, RIGHT? DO YOU WANT TO TALK
ABOUT THAT BRIEFLY?" MR. RICHART REPLIED, "I'D LIKE TO COME
BACK TO YOU WITH SOME PROPOSALS."
MR. RICHART CONTINUED, "I JUST WANT TO SAY SOMETHING ABOUT
YOUR RECOMMENDATION. MAKE SURE YOU'RE CLEAR ON WHAT
SHE'S SAYING - THE CODE OF ORDINANCES, YOU WANT TO LOOK AT
THE LANDSCAPE ORDINANCE FOR XERISCAPING?" COMMISSIONER
KREBS REMARKED, "RIGHT."
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER BROWN : AYE
COMMISSIONER KREBS: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
MOTION CARRIED.
Further discussion.
REGULAR
601. Community Development Department
Requests The City Commission Hear And Review The Final
Subdivision/Engineering Plans For The Proposed Crockett Corner Subdivision.
Mr. Baker presented this Agenda Item.
With discussion, Commissioner Krebs asked, "How many gopher tortoises are you
talking about?" Mr. Baker replied, "Thirty-two (32), thirty-four (34)." Commissioner
Krebs asked, "And they are going to be relocated?" Mr. Baker replied, "Yes, that's one
of our requirements."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9,2007
PAGE 25 OF 30
Commissioner Krebs commented, "I would really be interested in watching a relocation
take place. Maybe Alex (Babcock, Seminole Chronicle) would like that as well."
Commissioner Krebs continued, "Can we find out when that will be?" Mr. Baker replied,
"Sure. "
Mr. Baker said, "We can notify you." Commissioner Krebs remarked, "I would like that."
"MOVE TO APPROVE PENDING OR WITH THE CONSIDERATION OF
REMOVING THE GOPHER TORTOISES AND A LIGHTING PLAN."
MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER
GILMORE. DISCUSSION.
VOTE:
COMMISSIONER BROWN: AYE
COMMISSIONER GILMORE: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
Commissioner Krebs asked, "Because this is not going in multiple phases, still they will
remove all of the tortoises during Phase I?" Mr. Baker replied, "Yes."
REGULAR
602. Office Of The City Manager
Requesting The City Commission To Consider The Recommendation Of The Board
Of Trustees Regarding Selection Of Asset Investment Managers And A Custodial
Bank For The City's Defined Benefit Pension Plan.
Manager McLemore spoke on this Agenda Item.
Mr. Michael S. Blake, 711 Canadice Lane, Winter Springs, Florida: remarked about the
work the Consultant did and this Agenda Item.
Tape 3/Side A
Mr. Blake continued his comments and asked for the City Commission's support.
"I MOVE THAT WE ACCEPT THE RECOMMENDATIONS OF THE BOARD
OF TRUSTEES REGARDING THE SELECTION OF ASSET INVESTMENT
MANAGERS AND THE CUSTODIAL BANK FOR A DEFINED PENSION
PLAN." MOTION BY DEPUTY MAYOR McGINNIS.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 26 OF 30
MAYOR BUSH SAID, "THE SELECTION OF FIFTH THIRD BANK AS THE
PLAN'S CUSTODIAL BANK." DEPUTY MAYOR McGINNIS REPLIED, "YES."
MR. KEVIN SMITH, DIRECTOR, GENERAL SERVICES DEPARTMENT
STATED, "DEPUTY MAYOR, COULD I ALSO ASK FOR APPROVAL FOR
THE CITY MANAGER - PENSION ATTORNEY AND OUR CITY ATTORNEY
TO EXECUTE NECESSARY DOCUMENTS?" DEPUTY MAYOR McGINNIS
REPLIED, "SO MOVED, YES." MAYOR BUSH SAID, "IT IS NUMBER 3. IN
THE RECOMMENDATIONS THERE."
MAYOR BUSH SAID, "MOTION BY COMMISSIONER McGINNIS.
COMMISSIONER MILLER, SECOND?" COMMISSIONER MILLER SAID,
"YES, SIR." DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN : AYE
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
REGULAR
603. Finance Department
Requesting City Commission Acceptance Of The Comprehensive Annual Financial
Report (CAFR), As Presented, For The Fiscal Year Ended September 30, 2006.
Ms. Greco addressed the City Commission regarding this Agenda Item.
Ms. Kelly Leary, McDirmit, Davis and Company, LLC, 605 East Robinson Street, Suite
635, Orlando, Florida: spoke on the Comprehensive Annual Financial Report (CAFR).
Discussion.
Commissioner Miller stated, "I think it is appropriate to compliment our financial officer
and our City Manager for producing another banner year for the City."
"I MAKE A MOTION THAT WE ACCEPT THE REPORT AS IT STANDS."
MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR
McGINNIS. DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 27 OF 30
MAYOR BUSH COMMENTED, "I THINK THAT COMMENDATIONS GO TO
THE DEPARTMENT HEADS TOO." COMMISSIONER MILLER REMARKED,
"WELL, ALSO, YES SIR. THE WHOLE TEAM." MAYOR BUSH SAID, "THE
WHOLE TEAM."
VOTE:
COMMISSIONER BROWN : AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
Mayor Bush commented, "Commissioners, 1 did ask Michelle (Greco) when she had
time, to put together a brief summary - of the positive things here that we are shown.
And she is working on that. 1 think that is something good to put in the Newsletter. The
fact that all Departments came in under budget. The reserves are up; debt is down; things
like that."
REGULAR
604. Office Of The City Manager
Requesting The City Commission To Complete Appointments To The Ad Hoc
Winter Springs Citizen Property Tax Reform Mitigation Study Committee.
Mr. Smith addressed the City Commission regarding this Agenda Item.
Regarding Mr. Fred Curtis' Application, Deputy Mayor McGinnis said, "I called him; he
said he never got one." Ms. Lorenzo-Luaces replied, "Okay, we'll send another one."
Deputy Mayor McGinnis asked, "Could you send another one?" Ms. Lorenzo-Luaces
replied, "Sure."
Mayor Bush commented, "Rande Thompson has indicated an interest to serve. He is on
the TLBD (Tuscawilla Lighting and Beautification District [Advisory Committee D. SO, 1
would like to put his name forward."
Mayor Bush noted, "Rande Thompson is who 1 am recommending."
"I WILL MAKE THE MOTION." MOTION BY COMMISSIONER BROWN.
SECONDED BY COMMISSIONER KREBS. DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9, 2007
PAGE 28 OF 30
MAYOR BUSH SAID, "MOTION BY COMMISSIONER BROWN. SECONDED
BY COMMISSIONER KREBS TO APPOINT RANDE THOMPSON FROM
TLBD (TUSCA WILLA LIGHTING AND BEAUTIFICATION DISTRICT
[ADVISORY COMMITTEE])."
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER BROWN : AYE
MOTION CARRIED.
"I WOULD LIKE TO NOMINATE KATHRYN FAIRCHILD REPRESENTING
BOARD OF ADJUSTMENT." MOTION BY DEPUTY MAYOR McGINNIS.
SECONDED BY COMMISSIONER MILLER. DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER BROWN : AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
"I WOULD LIKE TO NOMINATE RICHARD MASTROBERTE." MOTION BY
COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR McGINNIS.
DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
MOTION CARRIED.
"I WOULD LIKE TO NOMINATE SONDRA AHLERS." MOTION BY
COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR McGINNIS.
DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9,2007
PAGE 29 OF 30
VOTE:
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN : AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
REGARDING AN APPOINTEE FROM THE OAK FOREST WALL AND
BEAUTIFICATION DISTRICT ADVISORY COMMITTEE, COMMISSIONER
MILLER STATED, "I WOULD LIKE TO NOMINATE TERRY PATTON."
MOTION BY COMMISSIONER MILLER.
COMMISSIONER KREBS ASKED, "DO YOU THINK HE WILL DO IT?"
COMMISSIONER MILLER REPLIED, "I DON'T KNOW. I WILL HAVE TO
CALL HIM AND ASK HIM." COMMISSIONER MILLER CONTINUED, "I AM
SURE HE PROBABLY WOULD."
MAYOR BUSH SAID, "SECONDED BY DEPUTY MAYOR McGINNIS.
DISCUSSION."
VOTE:
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER BROWN : AYE
MOTION CARRIED.
Discussion.
REGULAR
605. Community Development Department
Requests The City Commission Make The Remaining Appointments To The 2007
Winter Springs Districting Commission.
Mayor Bush commented, "So, Commissioners Miller and Gilmore will have their
Appointments at our next Meeting."
ADJOURNMENT
Mayor Bush adjourned the Regular Meeting at 9:15 p.m.
RESPECTFULLY SUBMITTED:
DANIELLE HARKER, ASSISTANT TO THE CITY CLERK
~ '1
I
i
AN A LORENZO-LUACES, CMC
CITY CLERK
APPROVED:
GoL.) f~
~ F. BUSH
MA YOR
NOTE: These Minutes were approved at the April 23, 2007 Regular City Commission Meeting.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - APRIL 9,2007
PAGE 30 OF 30