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HomeMy WebLinkAbout2007 05 14 Consent 206 Unapproved Regular Minutes of April 23, 2007 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING APRIL 23, 2007 CALL TO ORDER The Regular Meeting of Monday, April 23, 2007 of the City Commission was called to Order by Mayor John F. Bush at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Sally McGinnis, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Donald A. Gilmore, present Commissioner Joanne M. Krebs, absent City. Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. INFORMA TIONAL AGENDA IN FORMA TlONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. INFORMATIONAL 101. Parks And Recreation Department Inform The City Commission Regarding The Banner In The Town Center For The Easter Egg Hunt. There was no discussion on this Agenda Item. -- . .., ~---~ c:::::. r-::: r::L.e ::~ :--? CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23, 2007 PAGE 2 OF 17 INFORMATIONAL 102. Fire Department Requests That The City Commission Review The City Of Winter Springs Employee Blood Drive Information To Be Held At The Winter Springs Branch Of Florida's Blood Centers, 268 East SR (State Road) 434. This Agenda Item was not discussed. MOTION TO APPROVE INFORMATIONAL AGENDA. MAYOR BUSH STATED, "MOTION BY COMMISSIONER BROWN FOR APPROVAL. SECONDED BY DEPUTY MAYOR McGINNIS." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Office Of The City Manager Requesting The City Commission To Confirm Approval Of A $5,000.00 Supplemental Appropriation To Fund A Preliminary Study Of Improvements To The S.R. (State Road) 419 Industrial Park. No discussion. CONSENT 201. Utility Department Requesting Approval For The Purchase And Installation Of Three (3) New Clarifier Drive Units For The Wastewater Treatment Facilities. There was no discussion on this Agenda Item. . . ,..--.. r.......' :=.::-- c:. r=d lCL.. CL.. ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23,2007 PAGE 3 OF 17 CONSENT 202. Public Works Department Requests The City Commission Validate the Staff Recommendation Finding The UtilitylPublic Works Compound To Be Built In Substantial Accordance With The Final Engineering Plans. This Agenda Item was not discussed. CONSENT 203. Fire Department Requesting Authorization To Accept A Grant For $1,500.00 And To Authorize A Supplemental Budget Appropriation For Equal Amount. No discussion. CONSENT 204. Office Of The City Manager Requesting The City Commission Approve Resolution Number 2007-20 To Provide An Alternative Normal Retirement Benefit To The City's Defined Benefit Pension Plan. There was no discussion on this Agenda Item. CONSENT 205. Office Of The City Clerk Requesting The City Commission To Approve Resolution Number 2007-21 In Recognition Of Municipal Clerks Week, April 29 through May 5, 2007, And The Valuable Contribution Municipal Clerk's And Their Staffs Provide To Municipal Officials In The Performance Of Their Duties In Winter Springs And Other Cities Throughout The State Of Florida. This Agenda Item was not discussed. CONSENT 206. Office Of The City Clerk Requesting Approval Of The April 9, 2007 City Commission Regular Meeting Minutes. No discussion. - . (~ 1~ I~ c::::> r::r:= r:L.e r.:>>.-e r~ ~~-; l==>> CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23, 2007 PAGE 4 OF 17 CONSENT 207. Office Of The City Clerk Requesting Approval Of The April 11, 2007 City Commission Workshop Minutes. There was no discussion on this Agenda Item. CONSENT 208. Office Of The City Clerk Requesting Approval Of The April 16, 2007 City Commission Workshop Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE" CONSENT AGENDA. MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A TIONS 300. Office Of The Mayor Workforce Central Florida (WFC) Wishes To Share Results From, "The State Of The Workforce: Central Florida Study, A Needs Assessment And Key State Of The Workforce Report For The Region" Survey With The City Commission. The Survey Was Conducted In Order To Identify The Challenges Employers Anticipate In the Next Three (3) Years. The Survey Also Addresses The Most Effective Means Of Recruiting Workers And The Proper Training And Development Needed To Meet Employer Demands For Skilled Workers. In Addition, WCF (Workforce Central Florida) Will Share Information About Their Employed Worker Training Grant Opportunities Available For Employers In Winter Springs. WCF (Workforce Central Florida) Will Also Highlight A Grant Recently Received By The Winter Springs Fire Department. Mr. Larry Strickler, Senior Vice President - Public Affairs, WorJiforce Central Florida, 1097 Sand Pond Road, Suite 1009, Lake Mary, Florida: addressed the City Commission on Workforce Housing issues. . ~ ~ ::......". c::::- =:: s::::t-. ~ ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23, 2007 PAGE 5 OF 17 Mr. Strickler explained that "We use primarily Federal funds to work with employers and residents in five (5) counties, those are Seminole, Orange, Osceola, Lake and Sumter. We're governed by a consortium of the five (5) County Commission chairs; this is dictated by a State Law which was passed in 1996 that defined how Workforce Development would be handled in the State of Florida." Discussion. Continuing, Mr. Strickler said to the City Commission that "I think employers have to be the driver!" Further discussion. Mr. Strickler left "Workforce Central Florida, State of the Workforce: Central Florida Study Fall 2006" packets for the City Commission. AWARDS AND PRESENT A nONS 301. Office Of The City Manager Presentation By Denise Ryser, Chairperson For The Ad Hoc Winter Springs Open Space Advisory Study Committee To Present To The City Commission A Committee Update. Mr. Randy Stevenson, ASLA, Director, Community Development Department said, "Maybe we want to postpone this until after the Recess." Mayor Bush called a Recess at 5:47 p.m. The Regular Meeting was called back to Order at 6:03 p.m. by Mayor Bush. .:. .:. AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED, IN THE ORDER DOCUMENTED. .:. .:. REPORTS REPORTS 401. Office Of The City Manager - Ronald W. McLemore City Manager Ronald W. McLemore mentioned that the City Commission needs to make an Appointment to the MetroPlan Citizen's Advisory Committee and suggested Mr. Kok Wan Mah be Appointed; to which Mayor Bush noted, "He has been recommended by the Staffto fill this position." . Fl ~ c::> ~ ~.... ~~.a ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23, 2007 PAGE 6 OF 17 MOTION FOR APPOINTMENT. MOTION BY COMMISSIONER MILLER. MAYOR BUSH SAID, "MOTION BY COMMISSIONER MILLER FOR APPROVAL." SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese gave an update on some cases. REPORTS 402. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Andrea Lorenzo-Luaces mentioned the upcoming Tri-Country League of Cities luncheon next month. Mayor Bush remarked, "I would recommend that we try to trade and then find a date that we can hold it at Tuscawilla [Country Club]." Deputy Mayor Sally McGinnis stated, "I don't have a problem with Yen Yen [Restaurant] - first if we could trade it." Mayor Bush commented, "We try to trade it off, and if can't, then we go with Yen Yen [Restaurant] - so we will work on trying to trade it off Andrea (Lorenzo- Luaces)." City Clerk Lorenzo-Luaces then mentioned this weekend's Advisory Board and Committee Appreciation Dinner at Yen Yen restaurant. REPORTS 403. Commission Seat Five - Joanne M. Krebs Absent. REPORTS 404. Office Of The Mayor - John F. Bush Mayor Bush mentioned a meeting tomorrow with Manager McLemore at the Starlight Baptist Church over their parking issue. .~ ~ ~ Co":) ~ ~ ~d ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23, 2007 PAGE70F 17 REPORTS 405. Commission Seat One - Robert S. Miller Commissioner Robert S. Miller mentioned that tomorrow is a program on TV Channel WMFE related to the Property Tax Reform issue. Mayor Bush suggested that the new Ad Hoc Winter Springs Citizen Property Tax Reform Mitigation Study Committee be informed about this program. REPORTS 406. Commissioner Seat Two - Rick Brown Commissioner Rick Brown said to Manager McLemore, "Item '200' that we Voted in Approval of, I agree with, but I just wanted to find out, are you going to enlist the opinions of the landowners in that Industrial Park as well?" Manager McLemore replied, "Absolutely." Commissioner Brown then asked, "It will be a joint effort?" Manager McLemore said, "Absolutely." REPORTS 407. Commission Seat Three - Donald A. Gilmore REGARDING AN APPOINTMENT TO THE BOARD OF TRUSTEES, COMMISSIONER GILMORE STATED, "I WOULD LIKE TO APPOINT DAVE McLEOD." MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. "I MOVE WE ASK THE MAYOR, AND THE CITY CLERK, AND THE CITY MANAGER TO DRAFT A RESOLUTION OPPOSING PASSING A BILL BEFORE THE LEGISLATURE THAT WOULD ALLOW CITY'S AND OTHER GOVERNMENT BODIES TO PROVIDE SOCIAL SECURITY NUMBERS TO BUSINESSES." MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. ATTORNEY GARGANESE STATED, "THERE IS A FLORIDA LAW THAT ADDRESSES THAT POINT AND THEN MANDATES THAT THEIR SOCIAL SECURITY NUMBERS BE GIVEN UNDER CERTAIN CIRCUMSTANCES." ~ ~~ c::::. ~ r"~ :--C: :- -; ;-:j CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APR[L 23, 2007 PAGE 8 OF [7 VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Discussion. "I MAKE A MOTION THAT WE ASK THE STAFF TO INVESTIGATE THE WORD THAT THE STATE IS GOING TO BE PUTTING NOISE BARRIERS ON THE NORTHBOUND LANE OF 417 THROUGH THE WINTER SPRINGS AREA AND NOT ON THE SOUTH BOUND LANE AND THAT THIS POTENTIALLY COULD AGGRAVATE THE NOISE SITUATION EVEN,MORE AND - THE CITY STAFF SHOULD REPORT BACK AND APPROPRIATE ACTION BE TAKEN IN THE FUTURE." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REPORTS 408. Commission Seat FourIDeputy Mayor - Sally McGinnis Deputy Mayor McGinnis thanked Staff for the improvements to the land near State Road 434 and State Road 419. Discussion ensued on the Winter Springs Golf Course and updates with the Owners' Attorney to which Manager McLemore stated, "1 will certainly get an update and get it to you. " "I MOVE THAT EVERY THREE (3) MONTHS THE CITY MANAGER - GIVE US PERIODIC UPDATES ON WHAT - THEIR PLANS ARE; IF THEY HAVE ANY." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. ~ ~ ~ c::';) gJ ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23, 2007 PAGE90F 17 YOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC INPUT Mr. Edward Martinez, 205 Little Creek Lane, Winter Springs, Florida: commented on Public Input and noted issues he is having with a new Utility Bill Deposit. Tape l/Side B Mayor Bush said to Mr. Martinez, "Why don't you try to talk with Michelle Greco (Director, Finance Department) either call her or come in and see her and maybe she can help show you the changes the Commission made." PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department - Planning Division And Public W orkslUtilities Department Requests The City Commission Hold A Public Hearing For 1 st (First) Reading And Transmittal Of Ordinance Number 2007-11, A Large Scale Comprehensive Plan Amendment (LS-CP A-07-02) Which Incorporates The City's Water Supply Plan 2007 And Work Plan By Amending The Text Of The Future Land Use Element, Conservation Element, Capital Improvements Element, And Infrastructure Element As Required By Florida Statute 163.3177. Mayor Bush stated, "Can we have a Motion to read by 'Title' only." "SO MOYED." MAYOR BUSH STATED, "MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE." DISCUSSION. YOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. ~~=~~~ a;~.:;;;j. . ......... . i::;;~ ~ iQd ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23, 2007 PAGE 10 OF 17 Attorney Garganese read the Ordinance by "Title" only. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department addressed the City Commission. Mr. Kip Lockcuff, P.E., Director, Public WorkslUtility Department spoke on this Agenda Item. Mr. Terry Zaudtke, P.E., DEE, Executive Vice President, CPH Engineers, 1117 East Robinson Street, Orlando, Florida: addressed the City Commission. Further discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I WILL MOVE THAT WE APPROVE TRANSMITT AL TO DCA (DEPARTMENT OF COMMUNITY AFFAIRS) OF ORDINANCE 2007-11." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office Of The City Attorney and Finance Department Request The City Commission Adopt Ordinance Number 2007-13 On Second And Final Reading, Which Amends Chapter 19, Article 1 Of The City Code Regarding Solid Waste Fees And Rates. Attorney Garganese read the Ordinance by "Title" only and stated, "This memorializes some of the requirements that we have in the Solid Waste Franchise Agreement. In addition, it provides additional security for the City to collect Solid Waste Fees." ,-, ~ ~_a- ~ == 0-.... I"""'-c! ~ l'l-_~", ~-<3 ;,..~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23, 2007 PAGE II OF 17 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. "MOVE TO APPROVE - [ORDINANCE] 2007-13." MAYOR BUSH NOTED, "ORDINANCE." MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department Requests That The City Commission Hold A Public Hearing For The Aesthetic Review Of The Merle Norman Window Signage Proposed For The Front Of The JDC (James Doran Company) Town Center Building 16 (Facing Tree Swallow Drive). Mr. John Baker, AICP, Senior Planner, Community Development Department briefly spoke on 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. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. ~ ~ :;~ c:=> ~ CL.e g.,.... ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23, 2007 PAGE I20F 17 REGULAR AGENDA REGULAR 600. Finance Department Requests That The City Commission Adopt Resolution Number 2007-18 Amending The Fiscal Year 2006-2007 Budget. Ms. Greco presented her opening comments. Discussion. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 601. Finance Department And Community Development Department Requesting That The City Commission Authorize Staff To Proceed With Mailing Of Notice To Property Owners Via United States Mail Regarding Public Hearing; To Publish A Legal Advertisement Of Public Hearing; To Combine Tuscawilla Lighting And Beautification Phases I And II Maintenance Assessment Rates To Streamline Assessment Administration Process; And To Establish The Public Hearing Date As Tuesday, May 29, 2007 To Consider Increasing The Maximum Annual Capital And Maintenance Assessment Rates Relating To The Tuscawilla Lighting And Beautification Assessment Area - Phases I And II. Ms. Greco addressed the City Commission on this Agenda Item and explained, "On 'Table l' for TLBD (Tuscawilla Lighting and Beautification District), the 'Assessment Services' number changed. Basically, we had the numbers shifted out into the future; they needed to be shifted back. The 'Notice Costs' at the bottom of that Table needed to be shifted back a year, because we're actually going to be noticing the people in FY'07 [Fiscal Year 2007], not FY'08 [Fiscal Year 2008]. So, basically, those two (2) costs were shifted out - the 'FY '07/'08 [Fiscal Year 2007/2008], number should have been an 'FY '06/'07 [Fiscal Year 2006/2007], for the 'Assessment Services' as well as the 'Notice Costs'. And because of the way the Reserve and the Tax Collector's cost work, those numbers changed slightly because it is based on a percent of the Assessment." ~ rr' ;::;;.- c=t ~ ~ ~ ~ ....-.~~ ~- ;~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23, 2007 PAGE 13 OF 17 Mr. Steven Richart, Urban Beautification Services Division Manager, Community Development Department also spoke on this Agenda Item and mentioned that "I actually talked to Rande Thompson (Tuscawilla Lighting and Beautification District Advisory Committee Chair) and a couple of other Board Members today who were in support of it. The general Consensus among the TLBD[AC] (Tuscawilla Lighting and Beautification District Advisory Committee) is they do want to move forward and continue to maintain at this level." Commissioner Donald A. Gilmore inquired of Mr. Richart, "This includes the lighting costs - the extensive lighting that we have done?" Mr. Richart noted, "It does." Next, Commissioner Brown asked Mr. Richart, "Did you say the TLBD[AC] (Tuscawilla Lighting and Beautification District Advisory Committee) agreed with this?" Mr. Richart remarked, "The general Consensus is that they do agree with moving forward with this; yes. There was no official Vote at a TLB[DAC] (Tuscawilla Lighting and Beautification [District Advisory Committee]) Meeting." Ms. Greco noted, "It was mentioned as recently - in the August 28th, 2006 Agenda Item that the Fees needed to be increased, so that was an actual Agenda Item." "MOTION TO APPROVE." MAYOR BUSH STATED, "MOTION TO APPROVE ITEM '601' . BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Manager McLemore asked, "These are for the five (5) year rates." Ms. Greco replied, "Yes, Sir." Manager McLemore added, "These rates have been calculated to hold for five (5) years, is that correct?" Mr. Richart replied, "Yes." ~ ~ ~ c::> t::d ~ c.L..e ~~ :=::> CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23, 2007 PAGE 14 OF 17 REGULAR 602. Finance Department And Community Development Department Requesting That The City Commission Authorize Staff To Proceed With Mailing Of Notice To Property Owners Via United States Mail Regarding Public Hearing; To Publish A Legal Advertisement Of Public Hearing; And To Establish The Public Hearing Date As Tuesday, May 29, 2007 To Consider Increasing The Maximum Annual Capital And Maintenance Assessment Rates Relating To The Oak Forest Wall And Beautification District. Ms. Greco addressed the City Commission regarding this Agenda Item, saying, "I incorporated in the letter that 1 gave you - there were a few changes on the Oak Forest as well. The '53211 Administration Fees' line has similar issues where they were shifted to the right out a year and it should have been shifted to left; and start with FY 06/07 [Fiscal Year 2006/2007], and go out. We did add a thousand dollars ($1000.00) plus an inflationary factor to the' 54310 Utility Services' line and that was because we added..." Mr. Richart said, "... That was for additional irrigation systems. The water meters that came online through our billing department for the wall." Discussion. Commissioner Gilmore then inquired, "Did the Board review this?" Mr. Richart remarked, "The same thing with the TLBD[AC] [Tuscawilla Lighting and Beautification District Advisory Committee]. The Board was aware that there would be an increase; we talked about it. They never Voted. But 1 did again call today and 1 talked to the Chairperson who agreed with the concept that we needed to - go forward with the program. Again, the Advisory Board's opinion on this is they don't want to - lose services. " Mr. Richart noted, "Every five (5) years now, we're on a program. We're going to revisit our needs. We're going to have a five (5) year working Budget. These numbers are all averaged throughout the five (5) years so that the assessment can stay fixed for that five (5) years." Deputy Mayor McGinnis stated, "I would suggest that just to protect yourself from any future criticism that you put in writing that although there wasn't a Vote taken, that you have been in discussion with Board Members, this had been discussed at past Board Meetings and this was the action taken." "I MAKE A MOTION WE APPROVE ITEM '602'." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. .~ &:--~ ~ c:::> ~ ~---t g:':l... ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23, 2007 PAGE 15 OF 17 VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 603. Community Development Department Requests The City Commission Make The Remaining Appointments To The 2007 Winter Springs Districting Commission. "I WOULD LIKE TO APPOINT BISMARK WHEATLEY WHO LIVES ON SHORE ROAD - TO THIS COMMISSION." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. "I WOULD LIKE TO NOMINATE CONNIE NADROWKSI - TO THIS COMMISSION." MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 604. Community Development Department Requests The City Commission Adopt Ordinance Number 2007-19 Extending The Sunset Provision Set Forth In Ordinance Number 2006-08 As Amended By Ordinance Number 2006-22, For An Additional Three (3) Months. Mayor Bush stated, "Let's have a Motion." ~ &'~ ~ c::':> ~ ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23,2007 PAGE 160F 17 "SO MOVED." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mr. Stevenson mentioned, "The First Reading before this body in the second City Commission meeting in June - Second Reading and Adoption - first Meting in July, to get this as a permanent fix - it's a Text Amendment, so it requires two (2) Public Hearings before the City Commission." "MOVE TO APPROVE - 2007-19." MOTION BY COMMISSIONER GILMORE. MAYOR BUSH STATED, "SECONDED BY COMMISISONER MILLER." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS WAS AGAIN DISCUSSED, AS DOCUMENTED. .:. .:. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 301. Office Of The City Manager Presentation By Denise Ryser, Chairperson For The Ad Hoc Winter Springs Open Space Advisory Study Committee To Present To The City Commission A Committee Update. Mr. Stevenson addressed the City Commission on this Agenda Item. ~ ~ ....:a-... 1Ii>'-'~ ~ s:: Q..,.; ~ ~ ;;:;::j Tape 2/Side A Further discussion. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 7:08 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MAYOR NOTE: These Minutes were approved at the CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23, 2007 PAGEI70Fl7 , 2007 Regular City Commission Meeting. ~ ~ ~ c::.:. ~ ~~ ~ :::::! ;;-...=3 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING APRIL 23, 2007 CALL TO ORDER The Regular Meeting of Monday, April 23, 2007 of the City Commission was called to Order by Mayor John F. Bush at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Sally McGinnis, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Donald A. Gilmore, present Commissioner Joanne M. Krebs, absent City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. INFORMATIONAL 101. Parks And Recreation Department Inform The City Commission Regarding The Banner In The Town Center For The Easter Egg Hunt. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23, 2007 PAGE 2 OF 17 INFORMATIONAL 102. Fire Department Requests That The City Commission Review The City Of Winter Springs Employee Blood Drive Information To Be Held At The Winter Springs Branch Of Florida's Blood Centers, 268 East SR (State Road) 434. This Agenda Item was not discussed. MOTION TO APPROVE INFORMATIONAL AGENDA. MAYOR BUSH STATED, "MOTION BY COMMISSIONER BROWN FOR APPROVAL. SECONDED BY DEPUTY MAYOR McGINNIS." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Office Of The City Manager Requesting The City Commission To Confirm Approval Of A $5,000.00 Supplemental Appropriation To Fund A Preliminary Study Of Improvements To The S.R. (State Road) 419 Industrial Park. No discussion. CONSENT 201. Utility Department Requesting Approval For The Purchase And Installation Of Three (3) New Clarifier Drive Units For The Wastewater Treatment Facilities. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23, 2007 PAGE 3 OF 17 CONSENT 202. Public Works Department Requests The City Commission Validate the Staff Recommendation Finding The Utility/Public Works Compound To Be Built In Substantial Accordance With The Final Engineering Plans. This Agenda Item was not discussed. CONSENT 203. Fire Department Requesting Authorization To Accept A Grant For $1,500.00 And To Authorize A Supplemental Budget Appropriation For Equal Amount. No discussion. CONSENT 204. Office Of The City Manager Requesting The City Commission Approve Resolution Number 2007-20 To Provide An Alternative Normal Retirement Benefit To The City's Defined Benefit Pension Plan. There was no discussion on this Agenda Item. CONSENT 205. Office Of The City Clerk Requesting The City Commission To Approve Resolution Number 2007-21 In Recognition Of Municipal Clerks Week, April 29 through May 5, 2007, And The Valuable Contribution Municipal Clerk's And Their Staffs Provide To Municipal Officials In The Performance Of Their Duties In Winter Springs And Other Cities Throughout The State Of Florida. This Agenda Item was not discussed. CONSENT 206. Office Of The City Clerk Requesting Approval Of The April 9, 2007 City Commission Regular Meeting Minutes. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23, 2007 PAGE 4 OF 17 CONSENT 207. Office Of The City Clerk Requesting Approval Of The April 11, 2007 City Commission Workshop Minutes. There was no discussion on this Agenda Item. CONSENT 208. Office Of The City Clerk Requesting Approval Of The April 16, 2007 City Commission Workshop Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE" CONSENT AGENDA. MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 300. Office Of The Mayor Workforce Central Florida (WFC) Wishes To Share Results From, "The State Of The Workforce: Central Florida Study, A Needs Assessment And Key State Of The Workforce Report For The Region" Survey With The City Commission. The Survey Was Conducted In Order To Identify The Challenges Employers Anticipate In the Next Three (3) Years. The Survey Also Addresses The Most Effective Means Of Recruiting Workers And The Proper Training And Development Needed To Meet Employer Demands For Skilled Workers. In Addition, WCF (Workforce Central Florida) Will Share Information About Their Employed Worker Training Grant Opportunities Available For Employers In Winter Springs. WCF (Workforce Central Florida) Will Also Highlight A Grant Recently Received By The Winter Springs Fire Department. Mr. Larry Strickler, Senior Vice President - Public Affairs, Worliforce Central Florida, 1097 Sand Pond Road, Suite 1009, Lake Mary, Florida: addressed the City Commission on Workforce Housing issues. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23, 2007 PAGE 5 OF 17 Mr. Strickler explained that "We use primarily Federal funds to work with employers and residents in five (5) counties, those are Seminole, Orange, Osceola, Lake and Sumter. We're governed by a consortium of the five (5) County Commission chairs; this is dictated by a State Law which was passed in 1996 that defined how Workforce Development would be handled in the State of Florida." Discussion. Continuing, Mr. Strickler said to the City Commission that "I think employers have to be the driver!" Further discussion. Mr. Strickler left "Workforce Central Florida, State of the Workforce: Central Florida Study Fall 2006" packets for the City Commission. AWARDS AND PRESENT A nONS 301. Office Of The City Manager Presentation By Denise Ryser, Chairperson For The Ad Hoc Winter Springs Open Space Advisory Study Committee To Present To The City Commission A Committee Update. Mr. Randy Stevenson, AS LA, Director, Community Development Department said, "Maybe we want to postpone this until after the Recess." Mayor Bush called a Recess at 5:47 p.m. The Regular Meeting was called back to Order at 6:03 p.m. by Mayor Bush. .:. .:. AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED, IN THE ORDER DOCUMENTED. .:. .:. REPORTS REPORTS 401. Office Of The City Manager - Ronald W. McLemore City Manager Ronald W. McLemore mentioned that the City Commission needs to make an Appointment to the MetroPlan Citizen's Advisory Committee and suggested Mr. Kok Wan Mah be Appointed; to which Mayor Bush noted, "He has been recommended by the Staff to fill this position." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23, 2007 PAGE60F 17 MOTION FOR APPOINTMENT. MOTION BY COMMISSIONER MILLER. MAYOR BUSH SAID, "MOTION BY COMMISSIONER MILLER FOR APPROVAL." SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese gave an update on some cases. REPORTS 402. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Andrea Lorenzo-Luaces mentioned the upcoming Tri-Country League of Cities luncheon next month. Mayor Bush remarked, "I would recommend that we try to trade and then find a date that we can hold it at Tuscawilla [Country Club]." Deputy Mayor Sally McGinnis stated, "I don't have a problem with Yen Yen [Restaurant] - first if we could trade it." Mayor Bush commented, "We try to trade it off, and if can't, then we go with Yen Yen [Restaurant] - so we will work on trying to trade it off Andrea (Lorenzo-Luaces)." City Clerk Lorenzo-Luaces then mentioned this weekend's Advisory Board and Committee Appreciation Dinner at Yen Yen restaurant. REPORTS 403. Commission Seat Five - Joanne M. Krebs Absent. REPORTS 404. Office Of The Mayor - John F. Bush Mayor Bush mentioned a meeting tomorrow with Manager McLemore at the Starlight Baptist Church over their parking issue. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23,2007 PAGE70F 17 REPORTS 405. Commission Seat One - Robert S. Miller Commissioner Robert S. Miller mentioned that tomorrow is a program on TV Channel WMFE related to the Property Tax Reform issue. Mayor Bush suggested that the new Ad Hoc Winter Springs Citizen Property Tax Reform Mitigation Study Committee be informed about this program. REPORTS 406. Commissioner Seat Two - Rick Brown Commissioner Rick Brown said to Manager McLemore, "Item '200' that we Voted in Approval of, I agree with, but I just wanted to find out, are you going to enlist the opinions of the landowners in that Industrial Park as well?" Manager McLemore replied, "Absolutely." Commissioner Brown then asked, "It will be a joint effort?" Manager McLemore said, "Absolutely." REPORTS 407. Commission Seat Three - Donald A. Gilmore REGARDING AN APPOINTMENT TO THE BOARD OF TRUSTEES, COMMISSIONER GILMORE STATED, "I WOULD LIKE TO APPOINT DAVE McLEOD." MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. "I MOVE WE ASK THE MAYOR, AND THE CITY CLERK, AND THE CITY MANAGER TO DRAFT A RESOLUTION OPPOSING PASSING A BILL BEFORE THE LEGISLATURE THAT WOULD ALLOW CITY'S AND OTHER GOVERNMENT BODIES TO PROVIDE SOCIAL SECURITY NUMBERS TO BUSINESSES." MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. ATTORNEY GARGANESE STATED, "THERE IS A FLORIDA LAW THAT ADDRESSES THAT POINT AND THEN MANDATES THAT THEIR SOCIAL SECURITY NUMBERS BE GIVEN UNDER CERTAIN CIRCUMSTANCES." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23,2007 PAGE 8 OF 17 VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Discussion. "I MAKE A MOTION THAT WE ASK THE STAFF TO INVESTIGATE THE WORD THAT THE STATE IS GOING TO BE PUTTING NOISE BARRIERS ON THE NORTHBOUND LANE OF 417 THROUGH THE WINTER SPRINGS AREA AND NOT ON THE SOUTH BOUND LANE AND THAT THIS POTENTIALLY COULD AGGRAVATE THE NOISE SITUATION EVEN MORE AND - THE CITY STAFF SHOULD REPORT BACK AND APPROPRIATE ACTION BE TAKEN IN THE FUTURE." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REPORTS 408. Commission Seat Fourilleputy Mayor - Sally McGinnis Deputy Mayor McGinnis thanked Staff for the improvements to the land near State Road 434 and State Road 419. Discussion ensued on the Winter Springs Golf Course and updates with the Owners' Attorney to which Manager McLemore stated, "I will certainly get an update and get it to you." "I MOVE THAT EVERY THREE (3) MONTHS THE CITY MANAGER - GIVE US PERIODIC UPDATES ON WHAT - THEIR PLANS ARE; IF THEY HAVE ANY." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23, 2007 PAGE 9 OF 17 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. PUBLIC INPUT Mr. Edward Martinez, 205 Little Creek Lane, Winter Springs, Florida: commented on Public Input and noted issues he is having with a new Utility Bill Deposit. Tape J/Side 8 Mayor Bush said to Mr. Martinez, "Why don't you try to talk with Michelle Greco (Director, Finance Department) either call her or come in and see her and maybe she can help show you the changes the Commission made." PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department - Planning Division And Public W orkslU tilities Department Requests The City Commission Hold A Public Hearing For 1st (First) Reading And Transmittal Of Ordinance Number 2007-11, A Large Scale Comprehensive Plan Amendment (LS-CP A-07-02) Which Incorporates The City's Water Supply Plan 2007 And Work Plan By Amending The Text Of The Future Land Use Element, Conservation Element, Capital Improvements Element, And Infrastructure Element As Required By Florida Statute 163.3177. Mayor Bush stated, "Can we have a Motion to read by 'Title' only." "SO MOVED." MAYOR BUSH STATED, "MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23, 2007 PAGE 100F 17 Attorney Garganese read the Ordinance by "Title" only. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department addressed the City Commission. Mr. Kip Lockcuff, P.E., Director, Public WorkslUtility Department spoke on this Agenda Item. Mr. Terry Zaudtke, P.E., DEE, Executive Vice President, CPH Engineers, 1117 East Robinson Street, Orlando, Florida: addressed the City Commission. Further discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I WILL MOVE THAT WE APPROVE TRANSMITTAL TO DCA (DEPARTMENT OF COMMUNITY AFFAIRS) OF ORDINANCE 2007-11." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office Of The City Attorney and Finance Department Request The City Commission Adopt Ordinance Number 2007-13 On Second And Final Reading, Which Amends Chapter 19, Article 1 Of The City Code Regarding Solid Waste Fees And Rates. Attorney Garganese read the Ordinance by "Title" only and stated, "This memorializes some of the requirements that we have in the Solid Waste Franchise Agreement. In addition, it provides additional security for the City to collect Solid Waste Fees." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23, 2007 PAGE 11 OF 17 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. "MOVE TO APPROVE - [ORDINANCE] 2007-13." MAYOR BUSH NOTED, "ORDINANCE." MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department Requests That The City Commission Hold A Public Hearing For The Aesthetic Review Of The Merle Norman Window Signage Proposed For The Front Of The JDC (James Doran Company) Town Center Building 16 (Facing Tree Swallow Drive). Mr. John Baker, AICP, Senior Planner, Community Development Department briefly spoke on 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. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23,2007 PAGE 12 OF 17 REGULAR AGENDA REGULAR 600. Finance Department Requests That The City Commission Adopt Resolution Number 2007-18 Amending The Fiscal Year 2006-2007 Budget. Ms. Greco presented her opening comments. Discussion. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 601. Finance Department And Community Development Department Requesting That The City Commission Authorize Staff To Proceed With Mailing Of Notice To Property Owners Via United States Mail Regarding Public Hearing; To Publish A Legal Advertisement Of Public Hearing; To Combine Tuscawilla Lighting And Beautification Phases I And II Maintenance Assessment Rates To Streamline Assessment Administration Process; And To Establish The Public Hearing Date As Tuesday, May 29, 2007 To Consider Increasing The Maximum Annual Capital And Maintenance Assessment Rates Relating To The Tuscawilla Lighting And Beautification Assessment Area - Phases I And II. Ms. Greco addressed the City Commission on this Agenda Item and explained, "On 'Table l' for TLBD (Tuscawilla Lighting and Beautification District), the 'Assessment Services' number changed. Basically, we had the numbers shifted out into the future; they needed to be shifted back. The 'Notice Costs' at the bottom of that Table needed to be shifted back a year, because we're actually going to be noticing the people in FY'07 [Fiscal Year 2007], not FY'08 [Fiscal Year 2008]. So, basically, those two (2) costs were shifted out - the 'FY '07/'08 [Fiscal Year 2007/2008], number should have been an 'FY '06/'07 [Fiscal Year 2006/2007], for the 'Assessment Services' as well as the 'Notice Costs'. And because of the way the Reserve and the Tax Collector's cost work, those numbers changed slightly because it is based on a percent of the Assessment." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23, 2007 PAGE 13 OF 17 Mr. Steven Richart, Urban Beautification Services Division Manager, Community Development Department also spoke on this Agenda Item and mentioned that "I actually talked to Rande Thompson (Tuscawilla Lighting and Beautification District Advisory Committee Chair) and a couple of other Board Members today who were in support of it. The general Consensus among the TLBD[AC] (Tuscawilla Lighting and Beautification District Advisory Committee) is they do want to move forward and continue to maintain at this level." Commissioner Donald A. Gilmore inquired of Mr. Richart, "This includes the lighting costs - the extensive lighting that we have done?" Mr. Richart noted, "It does." Next, Commissioner Brown asked Mr. Richart, "Did you say the TLBD[AC] (Tuscawilla Lighting and Beautification District Advisory Committee) agreed with this?" Mr. Richart remarked, "The general Consensus is that they do agree with moving forward with this; yes. There was no official Vote at a TLB[DAC] (Tuscawilla Lighting and Beautification [District Advisory Committee]) Meeting." Ms. Greco noted, "It was mentioned as recently - in the August 28th, 2006 Agenda Item that the Fees needed to be increased, so that was an actual Agenda Item." "MOTION TO APPROVE." MAYOR BUSH STATED, "MOTION TO APPROVE ITEM '601' BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Manager McLemore asked, "These are for the five (5) year rates." Ms. Greco replied, "Yes, Sir." Manager McLemore added, "These rates have been calculated to hold for five (5) years, is that correct?" Mr. Richart replied, "Yes." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23, 2007 PAGE I40F 17 REGULAR 602. Finance Department And Community Development Department Requesting That The City Commission Authorize Staff To Proceed With Mailing Of Notice To Property Owners Via United States Mail Regarding Public Hearing; To Publish A Legal Advertisement Of Public Hearing; And To Establish The Public Hearing Date As Tuesday, May 29, 2007 To Consider Increasing The Maximum Annual Capital And Maintenance Assessment Rates Relating To The Oak Forest Wall And Beautification District. Ms. Greco addressed the City Commission regarding this Agenda Item, saying, "I incorporated in the letter that 1 gave you - there were a few changes on the Oak Forest as well. The '53211 Administration Fees' line has similar issues where they were shifted to the right out a year and it should have been shifted to left; and start with FY 06/07 [Fiscal Year 2006/2007], and go out. We did add a thousand dollars ($1000.00) plus an inflationary factor to the' 5431 0 Utility Services' line and that was because we added..." Mr. Richart said, "... That was for additional irrigation systems. The water meters that came online through our billing department for the wall." Discussion. Commissioner Gilmore then inquired, "Did the Board review this?" Mr. Richart remarked, "The same thing with the TLBD[ AC] [Tuscawilla Lighting and Beautification District Advisory Committee]. The Board was aware that there would be an increase; we talked about it. They never Voted. But 1 did again call today and 1 talked to the Chairperson who agreed with the concept that we needed to - go forward with the program. Again, the Advisory Board's opinion on this is they don't want to - lose services." Mr. Richart noted, "Every five (5) years now, we're on a program. We're going to revisit our needs. We're going to have a five (5) year working Budget. These numbers are all averaged throughout the five (5) years so that the assessment can stay fixed for that five (5) years." Deputy Mayor McGinnis stated, "I would suggest that just to protect yourself from any future criticism that you put in writing that although there wasn't a Vote taken, that you have been in discussion with Board Members, this had been discussed at past Board Meetings and this was the action taken." "I MAKE A MOTION WE APPROVE ITEM '602'." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23, 2007 PAGE 15 OF 17 VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. REGULAR 603. Community Development Department Requests The City Commission Make The Remaining Appointments To The 2007 Winter Springs Districting Commission. "I WOULD LIKE TO APPOINT BISMARK WHEATLEY WHO LIVES ON SHORE ROAD - TO THIS COMMISSION." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. "I WOULD LIKE TO NOMINATE CONNIE NADROWKSI - TO THIS COMMISSION." MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 604. Community Development Department Requests The City Commission Adopt Ordinance Number 2007-19 Extending The Sunset Provision Set Forth In Ordinance Number 2006-08 As Amended By Ordinance Number 2006-22, For An Additional Three (3) Months. Mayor Bush stated, "Let's have a Motion." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23, 2007 PAGE 160F 17 "SO MOVED." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mr. Stevenson mentioned, "The First Reading before this body in the second City Commission meeting in June - Second Reading and Adoption - first Meting in July, to get this as a permanent fix - it's a Text Amendment, so it requires two (2) Public Hearings before the City Commission." "MOVE TO APPROVE - 2007-19." MOTION BY COMMISSIONER GILMORE. MAYOR BUSH STATED, "SECONDED BY COMMISISONER MILLER." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS WAS AGAIN DISCUSSED, AS DOCUMENTED. .:. .:. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 301. Office Of The City Manager Presentation By Denise Ryser, Chairperson For The Ad Hoc Winter Springs Open Space Advisory Study Committee To Present To The City Commission A Committee Update. Mr. Stevenson addressed the City Commission on this Agenda Item. Tape 2/Side A Further discussion. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 7:08 p.m. RESPECTFULLY SUBMITTED: ", A LORENZO-LUACES, CMC CLERK APPROVED: :jf.u;{ ,~ J F. BUSH. ' M YOR .' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 23, 2007 PAGE 17 OF 17 . NOTE: These Minutes were approved at the May 14,2007 Regular City Commission Meeting.