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HomeMy WebLinkAbout2007 07 09 Consent 205 Approval of the June 25, 2007 Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 25, 2007 CALL TO ORDER The Regular Meting of Monday, June 25, 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, arrived at 5: 16 p.m. Commissioner Joanne M. Krebs, present 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. Commissioner Donald A. Gilmore arrived at 5: 16 p. m. Deputy Mayor Sally McGinnis stated, "Under Venetian Village, I just want to really thank Randy (Stevenson, Director, Community Development Department) and David (Alamina, Building Official, Community Development Department)) and Kim (Trench, Customer Service Center Division Manager, Community Development Department) - the Staff - and Code Enforcement, they have really been responding beautifully to the issues - in that area." Further brief comments were made. ~ IJ:.J ~ ~ cd ,.... I r-a I -G :;:-: ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 2 OF 27 INFORMATIONAL 101. Police Department Informing The City Commission Of Its Grant Award Of $38,171.00 From The Office For Domestic Preparedness. Brief discussion. INFORMATIONAL 102. Parks And Recreation Department Wishes To Inform The City Commission About The Winter Springs Star Spangled Showcase On July 4, 2007 And The Finalists. Mr. Chuck Pula, Director, Parks and Recreation Department addressed the City Commission. Finalists were presented to the City Commission. INFORMATIONAL 103. Information Services Department Wishes To Inform City Commission Of Audio Now Available On The City's Website. There was discussion on space and bandwidth this will take and if we can tell how many people log into this. Mr. Joe Alcala, IT Coordinator/Security Administrator, Information Services Department commented that, "We're going to try and do what we can to monitor it - that no one get denied access to it." "MOTION TO APPROVE" INFORMATIONAL AGENDA. 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. r==n ~ ~ ~ ~ ~ I ,.... .. ~ :::--: ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 3 OF 27 CONSENT AGENDA CONSENT 200. Community Development Department Requests The City Commission Consider And Adopt The Official Future Land Use Map (FLUM) And Official Zoning Map. This Agenda Item was not discussed. CONSENT 201. Fire Department And Information Services Requesting Authorization For Fire Sprinkler Alarm Monitoring For City Facilities In An Amount Not To Exceed $18,500.00. Discussion. CONSENT 202. Office Of The City Clerk Requesting Approval Of The June 11,2007 City Commission Workshop Minutes. No discussion. CONSENT 203. Office Of The City Clerk Requesting Approval Of The June 11, 2007 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 204. Office Of The City Clerk Requesting Approval Of The June 12, 2007 City Commission Workshop Minutes. This Agenda Item was not discussed. MOTION TO APPROVE CONSENT AGENDA. MAYOR BUSH STATED, "MOTION TO APPROVE BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER KREBS." DISCUSSION. ~ r;~ ;~ c:::> ~ ~. r I ~ :;2:. ;:::=>> CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 4 OF 27 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor Requests That The City Commission Recognize With A Proclamation Mr. Tim Brewer And Mr. John Paul Cook Of D'Vine Wine For Winning The Indy International Wine Competition Silver Medal For His Blueberry Breeze Entry. A Proclamation was presented to Mr. Tim Brewer and Mr. John Paul Cook Of D'Vine Wine. AWARDS AND PRESENT A nONS 301. Office Of The City Manager ADD-ON Presentation Of Employee Recognition Awards To City Of Winter Springs Employees. With assistance from the City Commission, Mayor Bush and City Manager Ronald W. McLemore presented Employee Recognition A wards to the following Employees who were in attendance: 5 Years Of Service: Ms. Michelle Angeloff, Police Department; Mr. Kevin Crager, Police Department; Ms. Kristina Hooper, Police Department; Mr. Ken Mills, Public Works Department; Mr. Julio Rivera, Public Works Department; and Ms. Christi Spence, Police Department. 10 Years Of Service: Ms. Elaine Curry, Fire Department; and Ms. Michele Kelly, Community Development Department. ~ ~ :=-- c::> ~ P-.a r""'" ,. -G :,.,---. ;......... CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 5 OF 27 15 Years Of Service: Mr. Gary Coffman, Utility Department; and Mr. Roger Paynter, Utility Department. 20 Years Of Service: Mr. Joseph Riddick, Police Department. 25 Years Of Service: Mr. Don Farnum, Utility Department. A Proclamation in honor of Ham Radio Operators was read by Mayor Bush. RECESS Mayor Bush called a Recess at approximately 5:50 p.m. The Meeting reconvened at 6:02 p.m. REPORTS REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese mentioned that he would be working with Staff on property maintenance standards and would bring that back to the City Commission. Discussion ensued on the status ofthe Highlands Homeowner's Association case. Commissioner Gilmore returned to the Meeting at 6:04 p.m. REPORTS 401. Office Of The City Manager - Ronald W. McLemore Manager McLemore asked to have a short Meeting "Next Monday." ~;~~ ~ ~ ~ ~ ~ ~~ ~ ~ ;::::> CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 6 OF 27 With discussion, Mayor Bush asked if a 4:00 p.m. start time was acceptable? Commissioner Joanne M. Krebs stated, "4:00 [p.m.] is fine." Deputy Mayor McGinnis stated, "4:00 [p.m.] is good. Andrea (Lorenzo-Luaces, City Clerk) just please send a reminder. " Mayor Bush summarized, "July 2nd at four o'clock, a Meeting hopefully will last only one (1) hour. . ." Manager McLemore added, "... Or less." Mayor Bush then asked Manager McLemore about the fire in Bear Creek Estates. REPORTS 402. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Lorenzo-Luaces mentioned the need for a replacement for the MetroPlan Orlando Citizens Advisory Committee. COMMISSIONER BROWN SUGGESTED AS A NOMINEE, "BART PHILLIPS." MAYOR BUSH STATED, "THAT WAS A MOTION? SECONDED BY COMMISSIONER KREBS." DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. As to notifying Mr. Philips, Mayor Bush said, "I will send him a letter officially." REPORTS 403. Commission Seat Three - Donald A. Gilmore No Report. REPORTS 404. Commission Seat Four/Deputy Mayor - Sally McGinnis No Report. ~:::a ~ ~ c::::> ~ ~ r-.L~ ~~G ~ ~ . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 7 OF 27 REPORTS 405. Commission Seat Five - Joanne M. Krebs "I WOULD LIKE TO MAKE A MOTION THAT WE DEVELOP A DONATION POLICY FOR THE CITY OF WINTER SPRINGS." MOTION BY COMMISSIONER KREBS. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. DEPUTY MAYOR McGINNIS ASKED ABOUT OTHER MUNICIPALITIES AND CATEGORIES. COMMISSIONER KREBS SAID, "IN MY MOTION, I DID SAY TO DEVELOP CRITERIA FOR THAT." "I WOULD LIKE TO AMEND THE MOTION TO REQUEST THE CITY MANAGER GET A COPY OF THE ALTAMONTE SPRINGS' PLAN OR ANY OTHER CITIES IN OUR GENERAL AREA AND TO COME BACK WITH AN AGENDA ITEM FOR DISCUSSION AND APPROVAL." AMENDMENT TO THE MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Commissioner Krebs asked about the status of the tree in honor of former Fire Chief Timothy J. Lallathin and a related Proclamation for Chief Lallathin day? Manager McLemore remarked, "Steve (Richart) is working on that." Mr. Stevenson added, "I'll get an update." Mayor Bush suggested it be emailed to everybody. Next, Commissioner Krebs spoke of listening to the recent Ad Hoc Winter Springs Citizen Property Tax Reform Mitigation Study Committee Meeting and mentioned the references to possible staff cuts to save money. Tape I/Side B ",,,,,,"""'~ ~,,~ ~ ~ C:~ ~ ~ ~ ~ ~ :..- ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 8 OF 27 Commissioner Krebs noted, "If everybody has to take a ten percent (10%) cut, let us take a ten percent (10%) cut." Discussion. Manager McLemore stated, "We'll look at all alternatives." Discussion ensued on the 175/185 Plan. Commissioner Krebs stated, "I don't want to see any employees cut." Mayor Bush suggested that Commissioner Krebs work with the City Manager on this. The next issue brought up by Commissioner Krebs involved an email related to another Financial Achievement Award. Ms. Michelle Greco, Director, Finance Department addressed the City Commission. "I WOULD LIKE TO MAKE A MOTION THAT IN TWO (2) YEARS, WE AT LEAST APPLY FOR THIS AWARD AND TAKE IT FROM THERE." MOTION BY COMMISSIONER KREBS. MOTION DIED FOR LACK OF A SECOND. MOTION "THAT WE COME BACK AND LOOK AT THIS IN SIX (6) MONTHS, AFTER WE KNOW THE FULL IMPACT OF WHAT HAPPENS AFTER THE TAX CUTS AND WE SEE HOW MUCH THEY ACTUALLY AFFECT US AND WHAT AREAS WE ARE FORCED TO CUT - AND AT THAT TIME, WE CAN DECIDE WHETHER IT IS A GOAL TO TAKE FORWARD AND PUT THE APPROPRIATE TIME FRAME PARAMETERS AROUND IT." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REPORTS 406. Office Of The Mayor - John F. Bush For the Ad Hoc Winter Springs Citizen Property Tax Reform Mitigation Study Committee, Mayor Bush stated, "I would like to recommend that we Appoint Charles Lacey to fill that position" vacated by Mr. Stephen Thompson. ~ r--.:i ~ c:::> ~ ~ ~-.c ~ ~ ~ :11 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 9 OF 27 "I MAKE A MOTION TO APPOINT CHARLES LACEY TO THE POSITION." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mayor Bush stated, "I did listen to the tape of the [Ad Hoc Winter Springs Citizen Property] Tax Reform [Mitigation Study] Committee and I thought it was very informative - thought they did a nice job on the presentations." Mayor Bush spoke of Minutes and audio tapes, and noted, "We have all got to take more responsibility in doing our own research and not asking her. And I will say the same thing for Staff. Staff, the same thing - if it is on the tape, you get the tape and listen to it. You don't ask the Clerk to find it for you." Deputy Mayor McGinnis noted, "I totally support that." Regarding which audiotapes should be kept, Attorney Garganese suggested, "We may want to take a look at that." Further discussion followed on the time audiotapes are kept. Regarding the new digital recording system, Commissioner Rick Brown asked if it will be indexed? With brief discussion, Manager McLemore stated, "Can I suggest we bring this back?" Mayor Bush stated, "I think we need a Motion, number one to clear up how long we keep records for the Commission and Code Enforcement versus others'; and then also, a better description of how the - digitized audio is going to work." "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. FURTHERMORE, MAYOR BUSH ST A TED, "COMMISSIONER BROWN ECHOED THE COMMENTS I MADE AS A MOTION, THAT THE COMMISSION COMES BACK WITH - A PLAN ON HOW TO KEEP THE - LENGTH OF TIME WE KEEP COMMISSION RECORDS AND CODE ENFORCEMENT RECORDS VERSUS OTHER BOARDS." ~~ ~ ~~ c:<'~' r.:x:: ~ ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 10 OF 27 MAYOR BUSH ADDED, "A RECOMMENDATION, AND ALSO THEN AT THE SAME TIME, TO LOOK AT THIS DIGITIZED - HOW THIS IS GOING TO WORK, SO WE CAN ALL UNDERSTAND, NOT ONLY US BUT CITIZENS WHO WOULD WANT TO ACCESS THESE RECORDS AS WELL." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER." DISCUSSION VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Discussion ensued on newspaper articles the Office of the City Clerk has provided to the Mayor and City Commission. Commissioner Brown mentioned news search engines being implemented. Mr. Phil Simmons Web/Multimedia Specialist, Information Services Department said, "We can certainly look into that." Manager McLemore suggested, "Part of your other Agenda Item. " With further discussion, Commissioner Brown noting adding tag lines for news searches. Mr. Phil Simmons said, "It is something we can look into." Discussion. REPORTS 407. Commission Seat One - Robert S. Miller Commissioner Robert S. Miller asked for a flow chart to be provided at the next Meeting, with the phase points between now and next October. Manager McLemore stated, "That is the purpose of next Monday night's Meeting." REPORTS 408. Commission Seat Two - Rick Brown Commissioner Brown mentioned a community meeting he is going to hold at Hacienda Village on July 22,2007; and that on Monday mornings when he is in town, he will be at Barnie's Coffee & Tea Company. ~ ~~ :-~ ~ ~ ~ r"~ -=G :,.....-: ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE II OF 27 Next, Commissioner Brown referenced the March 12,2007 City Commission Meeting on an issue related to an Economic Development Task Force. Manager McLemore stated, "We will have it for you next Meeting." Commissioner Brown then asked when the Districting Commission would begin meeting and what the deadline was. Mr. Stevenson said, "We will take care of that." Mr. Stevenson added, "I will send an email out on that informing everyone." Lastly, Commissioner Rrown spoke of Father George Dunne's 25th Anniversary at St. Stephen's Catholic Church and thanked Mayor Bush for the Proclamation for Father Dunne. PUBLIC INPUT Mr. Paul P. Partyka, 934 Contravest Lane, Winter Springs Florida: spoke as a representative of the Oviedo - Winter Springs Regional Chamber of Commerce; and commented on the Proclamation for Father Dunne St. Stephen's Catholic Church. Tape 2/Side A Mr. Partyka then introduced some of the members of the Oviedo - Winter Springs Regional Chamber of Commerce. Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: commented on the business community and their support for both communities. Mr. John J Drehoff, 105 Atrium Court, Winter Springs, Florida: spoke in support of good things going on at Trotwood Park. Mr. Michael S. Blake, 711 Canadice Lane, Winter Springs, Florida: commented on cell towers and referenced the Medina, Washington community. Mr. Jeff McCall representing the Fire Union, gave thanks for the support related to former Fire Chief Tim Lallathin; and Mr. McCall spoke about a presentation the Fire Union wanted to present to the City Commission and to the Ad Hoc Winter Springs Citizen Property Tax Reform Mitigation Study Committee. Discussion. Mr. Michael S. Blake, 711 Canadice Lane, Winter Springs, Florida: as the Chairman of the Ad Hoc Winter Springs Citizen Property Tax Reform Mitigation Study Committee, Chairman Blake spoke of a tight deadline and said that additional materials could be submitted for personal review if a Department wanted to. ~ ~ ~ ,~ ~ ~ 0...... ~rr-C ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 12 OF 27 Further discussion. "I MAKE A MOTION THAT THE FIRE DEPARTMENT BRING IT UNDER PRESENTATIONS, NEXT MEETING." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Mr. Dale Kirby, 122 Sevilte Chase Drive, Winter Springs, Florida: commented on the upcoming 4th of July event. Ms. Sean 0 'Dell, 12073 Lake Cypress Circle, Orlando, Florida: remarked about a whistle blowing resident and after hours game playing at a City park. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department - Planning Division Requests That The City Commission Hold A Public Hearing For Second Reading Of Ordinance Number 2007-09, A Small Scale Comprehensive Plan Amendment, Which Changes The Future Land Use Map Designation Of One (1) Parcel Containing 4.32 Acres, More Or Less, Located On The West Side Of DeLeon Street At 1740 DeLeon Street From (Seminole County) "Rural-3" (1 Dwelling Unit Per 3 Acres) To (Winter Springs) "Rural-Residential" (Minimum 1 Acre) With "Conservation Overlay" On Those Affected Areas. Attorney Garganese read the Ordinance by "Title" only. Brief 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. ~ ~ ~ <:::> ~ ~-4 ~.... ~~d ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 13 OF 27 "MOTION FOR APPROVAL." MAYOR BUSH ST A TED, "MOVE FOR APPROVAL BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department - Planning Division Requests That The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance Number 2007-15, Which Rezones A Parcel Containing 4.32 Acres, More Or Less, Located On The West Side Of DeLeon Street At 1740 DeLeon Street From "A-3" Agricultural (Seminole County) To "R-Cl" (City Of Winter Springs) Single Family Swelling District" (Minimum Lot Size- 1 Acre). Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. .""'''''~ "t_"___,,, E~ """ia.;.,i!lB,mft iiI-~ ~ ~) ~ ~ ~ ~ t,.-,. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 14 OF 27 PUBLIC HEARINGS 502. Community Development Department - Planning Division Requests That The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance Number 2007-10, A Small Scale Comprehensive Plan Amendment, Which Changes The Future Land Use Map Designation Of One (1) Parcel Containing 1.6 Acres, More Or Less, Located Immediately West Of DeLeon Street At 201 Cress Run From (Seminole County) "Rural-3" (1 Dwelling Unit Per 3 Acres) To (Winter Springs) "Rural Residential" (Up To 1 Unit Per Gross Acre) With "Conservation Overlay" (On Those Affected Areas). Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE ITEM '502'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance Number 2007-16, Which Rezones 1.6 Acres, More Or Less, Located Immediately West Of DeLeon Street At 201 Cress Run From (Seminole County) "A-3" Agricultural To (City Of Winter Springs) "R-Cl" Single Family Dwelling District (Minimum Lot Size- 1 Acre). Attorney Garganese read the Ordinance by "Title". Tape 2/Side B Continuing, Attorney Garganese stated, "Section 5. has a conditional effective date. This Ordinance is effective upon Ordinance 2007-10 becoming effective." ~ ~ rt-=- ~ ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 15 OF 27 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. MAYOR BUSH ST A TED, "MOTION FOR APPROVAL BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 504. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance Number 2007-04, A Small Scale FLUM (Future Land Use Map) Amendment Changing The Future Land Use Map Designation Of An 8.8 Acre Parcel, Located On The North Side Of SR (State Road) 434, East Of The Entrance To Barrington Estates and 600' West Of DeLeon Street From (Seminole County) "Rural-3" To (City Of Winter Springs) "Conservation" And (City Of Winter Springs) "Commercial" With "Conservation Overlay". Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE ITEM '504'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. ~ ~ ~ ~ ~ ~ ~ ~ ~ ;:::::> CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 25, 2007 PAGE 16 OF 27 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 505. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And . Adoption Of Ordinance Number 2007-05, Which Rezones 8.8 Acres (More Or Less), Located On The North Side Of SR (State Road) 434 East Of The Entrance To Barrington Estates And 600' West Of DeLeon Street, From (Seminole County) "A- 3" Agricultural To (Winter Springs) "C-l Neighborhood Commercial". Attorney Garganese read Ordinance 2007-05 by "Title" only and noted, "Section 5. - this has a conditional effective date. It becomes effective upon Ordinance 2007-04 becoming effective." 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 DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 506. Not Used. .~ ~"!.t.:...?,~ r::..,.,...- -" ~ ~ .~ ~ ~4 ~ ~ ;:::::;J CITY OF WINTER S'PRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE I70F27 PUBLIC HEARINGS 507. Community Development Department - Planning Division Requests That The City Commission Hold A Public Hearing For First Reading Of Ordinance Number 2007-20 Which Revises The "R-3 Multi-Family" Zoning District's Conditional Uses To Include Day Nurseries, Kindergartens And Day Care. Mayor Bush stated, "Need a Motion to read by 'Title' only." "SO MOVED." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. 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. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. COMMISSIONER MILLER STATED, "MOTION TO MOVE TO A SECOND READING?" COMMISSIONER BROWN STATED, "YES." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. ~ ~~ ~ ~ ~ ~ C&-.a ~ ~ t::::> CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 18 OF 27 PUBLIC HEARINGS 508. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance Number 2007-21 Which Revises The "Minimum Community Appearance And Aesthetic Review Standards" Of The City Code To Include Residential Compatibility And Harmony Regulations. Mayor Bush stated, "Can we have a Motion to read by 'Title' only." "SO MOYED." MAYOR BUSH STATED MOTION BY "COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN." DISCUSSION. YOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2007-21 by "Title" only. Mr. Stevenson advised the City Commission that, "This language will be incorporated as a permanent item into your Code and Staff would continue to perform the reviews that they currently perform in terms of neighborhood compatibility." Discussion ensued on whether the services of an Architect might be needed. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Tom Waters, 1033 Antelope Trail, Winter Springs, Florida: commented on this Agenda Item and noted that he felt comfortable with Staff's review. Mayor Bush closed the "Public Input" portion of the Agenda Item. Attorney Garganese said, "Sub paragraph if} on page 4, I would like to add some language - third sentence where it says, 'Said appeal shall be filed with the city manager in writing within five (5) calendar days of denial.' - add the language 'along with a filing fee established by the City Commission'." Attorney Garganese added, "We can establish that after the Ordinance or simultaneously with the adoption of the Ordinance." Mayor Bush suggested Staff offer a recommendation on a fee. ~ It" ......:::1 ;;. - ,- ~ g: ~ "'-":' tt: ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 19 OF 27 "MOVE TO SECOND READING..." MOTION BY DEPUTY MAYOR McGINNIS. MAYOR BUSH ADDED, "...WITH THE CHANGE THAT ANTHONY READ...?" DEPUTY MAYOR McGINNIS THEN SAID, "...CORRECT." SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: .A YE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Community Development Department Requests The City Commission To Consider Dates And Locations For A Series Of Community Meetings. Manager McLemore suggested this be discussed next Monday evening. Commissioner Brown commented, "Let's do it next Monday." Deputy Mayor McGinnis remarked, "I think so." "MOTION TO TABLE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER BROWN. 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 - JUNE 25, 2007 PAGE 20 OF 27 REGULAR 601. Finance Department To Have The City Commission Authorize: The formation Of A Three-Member Audit Selection Committee To Include One (1) City Commissioner, The City Manager To Issue An RFP (Request For Proposal) For Audit Services In Compliance With The Competitive Auditor Selection Procedures Set Forth In Florida Statutes Section 218.391.; The City Manager To Negotiate A Contract For Audit Services For Review And Approval By The City Commission. Ms. Greco addressed the City Commission on this Agenda Item. "I WOULD LIKE TO MAKE A MOTION TO APPOINT COMMISSIONER BROWN TO IT." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. YOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: NAY COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Ms. Greco then said that "There are two other things that needed to be in the Motion - you have to allow us to issue the RFP (Request for Proposal) and the last thing is to allow the City Manager to negotiate the Contract once we get to the funds." Mayor Bush remarked, "Can we have a Motion then to encompass those two (2) items." "SO MOYED." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. YOTE: 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 - JUNE 25, 2007 PAGE 21 OF 27 REGULAR 602. Office Of The City Clerk Wishes To Inform The City Commission About The Status Of The Temporary Staff Member That Was Approved In November Of200S And Ask For Their Direction. City Clerk Lorenzo-Luaces briefly spoke on this Agenda Item. Brief discussion. "I MOVE THAT WE TABLE THIS UNTIL OUR TAX COMMITTEE HAS FINISHED THEIR MEETINGS AND RECOMMENDATIONS - REVISIT THIS AT THAT TIME." MOTION BY DEPUTY MAYOR McGINNIS. MOTION DIED FOR LACK OF A SECOND. Further comments were made. REGULAR 603. Office Of The City Clerk Requests That Mayor John F. Bush And/Or Members Of The City Commission (Depending On The Applicable Advisory Boards And Committees) Make AppointmentslReappointments Related To The Terms Of Office Which Will Be Expiring In July 2007 - Specifically Regarding Members Of The Beautification Of Winter Springs Board; The Board Of Adjustment; The Code Enforcement Board; The Planning And Zoning BoardlLocal Planning Agency; And The Tuscawilla Lighting And Beautification District Advisory Committee; And For The Terms Of Office Which Will Be Expiring In August 2007 - Specifically Members Of The Oak Forest Wall And Beautification District Advisory Committee. "I WOULD LIKE TO NOMINATE KATHRYN FAIRCHILD TO THE BOWS (BEAUTIFICATION OF WINTER SPRINGS BOARD) COMMITTEE." MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. ~ ~:.1 ~~ ~ ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 22 OF 27 "I WOULD LIKE TO NOMINATE TOM WATERS TO CONTINUE ON HIS CURRENT POSITION ON THE BOARD OF ADJUSTMENT." MOTION BY COMMISSIONER BROWN. 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 KAREN PAINE-MALCOLM TO SERVE ON THE BOARD OF ADJUSTMENT." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. FOR THE CODE ENFORCEMENT BOARD - "I WOULD LIKE TO NOMINATE JAMES PITTS." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. ALSO FOR THE CODE ENFORCEMENT BOARD - "MOTION TO APPROVE GREGORY ROERO." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. ~ ~ ~ .c:> ~ CL.t ,............ ~ :---:> CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 23 OF 27 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Tape 3/Side A Mayor Bush stated, "Do you want to make a Motion to Approve Jim Wentz to Code Enforcement [Board]." "SO MOVED." MOTION BY COMMISSIONER MILLER. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER 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 REAPPOINT BRIAN OLIVER" TO THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "I WOULD LIKE TO REAPPOINT SHARON HOTCHKISS" TO THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. ~ ~=- ~ c:::> ~ ~ ~ ~ :;;=""': ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 24 OF 27 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. FOR THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY, "I WOULD LIKE TO NOMINATE FOR APPOINTMENT RETIRED POLICE CAPTAIN HEATWOLE FOR THIS POSITION." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "I WOULD LIKE TO NOMINATE BILL POE TO BE REAPPOINTED" TO THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY. MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. "I WOULD LIKE TO REAPPOINT MARY BROOK" TO THE TUSCA WILLA LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. ~ ~ ~ ~ ~ ~ ~a ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 25 OF 27 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. "FOR THE BEAUTIFICATION OF WINTER SPRINGS BOARD, SEAT ONE, I WOULD LIKE TO REAPPOINT LORRY ROERO." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 604. Office Of The City Manager ADD-ON Desires To Inform The City Commission That The City Has Received A Conditional Use Application From Crown Castel International To Construct A 150 Foot Monopole Cell Tower At The Sewer Treatment Plant Located On Winter Springs Boulevard. Further, The City Manager Requests The City Commission Consider Authorizing The Conditional Use Application To Be Processed Pursuant To Section 20-451., Winter Springs Code. Manager McLemore introduced this Agenda Item. Discussion. Commissioner Miller requested information or a presentation related to what was done on Fisher Road. With further comments on multiple co-locations, Manager McLemore spoke of a Consultant's Report and noted, "We can get that information for you." Commissioner Gilmore asked for information related to Sam Smith Park, and which options would be best for the proposed application. ~ ~ ;;;-. ~ ~ n-4 ~ ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 26 OF 27 Manager McLemore stated, "We already have a letter Report from him which I will give you." Commissioner Gilmore asked to see the Reports. Discussion followed on powerlines. Manager McLemore noted, "There are two (2) power companies. I think each one has their position on this. We will try to find out for you, if they'll tell us." Furthermore, "You had a Report done two (2), three (3) years ago. Since that time, there has been some shift and change in technology. Now you have another Report on the status of that which basically says you can do it, if you're willing to accept more poles in more locations; and I'll get you copies of that." "MOTION TO APPROVE ITEM '604'." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. "I WOULD LIKE THE CITY MANAGER AND STAFF TO SPEND SOME VERY SERIOUS TIME DEVELOPING INFORMATION ON THIS POWER POLE THING." MOTION BY COMMISSIONER MILLER. COMMISSIONER MILLER ADDED, "IF WE ARE FORCED ON THIS MONOPOLE THING WITHOUT GETTING INFORMATION ON THE POWERLINES, SHAME ON US THAT WE FIND OUT SIX (6) WEEKS LATER THAT WE COULD HAVE PUT UP TWO (2) OR THREE (3) ANTENNAES ON THE POWER LINES AND MAYBE ON ONE (1) OR TWO (2) LIGHT POLES AND TAKEN CARE OF THE CELL PHONE PROBLEM IN THAT AREA - YES, IT IS A MOTION." FURTHERMORE, COMMISSIONER MILLER STATED, "I WOULD LIKE TO GET IT BACK AS SOON AS POSSIBLE, WITHIN TWO (2) OR THREE (3) WEEKS, A MONTH AT THE MOST." MAYOR BUSH NOTED, "THIS WOULD BE AN ANALYSIS OF THE ANSWERS TO THE QUESTION ABOUT WHETHER OR NOT THEY GO ON POWERLINE POLES." COMMISSIONER MILLER NOTED, "CORRECT. INVITE THE POWER COMPANIES IN HERE." SECONDED BY COMMISSIONER GILMORE. DISCUSSION. ~ ~ ~ ~ ~ ~ t:L... ~L:: ;:.... ~ :---5 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 27 OF 27 "AMENDMENT - THE ONLY CHANGE I WOULD LIKE TO MAKE IS THAT IF THE POWER COMPANIES SAY 'NO', I WOULD LIKE TO REQUEST THEM TO COME BEFORE US AND EXPLAIN SPECIFICALLY WHY THAT IT IS OKAY FOR ONE POWER COMPANY TO DO IT, AND NOT OKAY FOR ANOTHER. I WOULD LIKE TO SEE WHAT THEIR CRITERIA IS THAT THEY BASE THAT ON." AMENDMENT TO THE MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: (ON THE AMENDMENT) DEPUTY MAYOR McGINNIS: NAY COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 9:04 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MAYOR NOTE: These Minutes were approved at the , 2007 Regular City Commission Meeting. .F'"""",,, --..... ~ ~ ~ ~ n-4 ~ ;--:j CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 25, 2007 CALL TO ORDER The Regular Meting of Monday, June 25, 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, arrived at 5: 16 p.m. Commissioner Joanne M. Krebs, present 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. Commissioner Donald A. Gilmore arrived at 5: 16 p. m. Deputy Mayor Sally McGinnis stated, "Under Venetian Village, I just want to really thank Randy (Stevenson, Director, Community Development Department) and David (Alamina, Building Official, Community Development Department)) and Kim (Trench, Customer Service Center Division Manager, Community Development Department) - the Staff - and Code Enforcement, they have really been responding beautifully to the issues - in that area." Further brief comments were made. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 2 OF 27 INFORMATIONAL 101. Police Department Informing The City Commission Of Its Grant Award Of $38,171.00 From The Office For Domestic Preparedness. Brief discussion. INFORMATIONAL 102. Parks And Recreation Department Wishes To Inform The City Commission About The Winter Springs Star Spangled Showcase On July 4, 2007 And The Finalists. Mr. Chuck Pula, Director, Parks and Recreation Department addressed the City Commission. Finalists were presented to the City Commission. INFORMATIONAL 103. Information Services Department Wishes To Inform City Commission Of Audio Now Available On The City's Web site. There was discussion on space and bandwidth this will take and if we can tell how many people log into this. Mr. Joe Alcala, IT Coordinator/Security Administrator, Information Services Department commented that, "We're going to try and do what we can to monitor it - that no one get denied access to it." "MOTION TO APPROVE" INFORMATIONAL AGENDA. 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 - JUNE 25, 2007 PAGE 3 OF 27 CONSENT AGENDA CONSENT 200. Community Development Department Requests The City Commission Consider And Adopt The Official Future Land Use Map (FLUM) And Official Zoning Map. This Agenda Item was not discussed. CONSENT 201. Fire Department And Information Services Requesting Authorization For Fire Sprinkler Alarm Monitoring For City Facilities In An Amount Not To Exceed $18,500.00. Discussion. CONSENT 202. Office Of The City Clerk Requesting Approval Of The June 11,2007 City Commission Workshop Minutes. No discussion. CONSENT 203. Office Of The City Clerk Requesting Approval Of The June 11, 2007 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 204. Office Of The City Clerk Requesting Approval Of The June 12,2007 City Commission Workshop Minutes. This Agenda Item was not discussed. MOTION TO APPROVE CONSENT AGENDA. MAYOR BUSH STATED, "MOTION TO APPROVE BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER KREBS." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 25, 2007 PAGE 4 OF 27 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A TIONS 300. Office Of The Mayor Requests That The City Commission Recognize With A Proclamation Mr. Tim Brewer And Mr. John Paul Cook Of D'Vine Wine For Winning The Indy International Wine Competition Silver Medal For His Blueberry Breeze Entry. A Proclamation was presented to Mr. Tim Brewer and Mr. John Paul Cook Of D'Vine Wine. AWARDS AND PRESENTATIONS 301. Office Of The City Manager ADD-ON Presentation Of Employee Recognition Awards To City Of Winter Springs Employees. With assistance from the City Commission, Mayor Bush and City Manager Ronald W. McLemore presented Employee Recognition Awards to the following Employees who were in attendance: 5 Years Of Service: Ms. Michelle Angeloff, Police Department; Mr. Kevin Crager, Police Department; Ms. Kristina Hooper, Police Department; Mr. Ken Mills, Public Works Department; Mr. Julio Rivera, Public Works Department; and Ms. Christi Spence, Police Department. 10 Years Of Service: Ms. Elaine Curry, Fire Department; and Ms. Michele Kelly, Community Development Department. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 5 OF 27 15 Years Of Service: Mr. Gary Coffman, Utility Department; and Mr. Roger Paynter, Utility Department. 20 Years Of Service: Mr. Joseph Riddick, Police Department. 25 Years Of Service: Mr. Don Farnum, Utility Department. A Proclamation in honor of Ham Radio Operators was read by Mayor Bush. RECESS Mayor Bush called a Recess at approximately 5:50 p.m. The Meeting reconvened at 6:02 p.m. REPORTS REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese mentioned that he would be working with Staff on property maintenance standards and would bring that back to the City Commission. Discussion ensued on the status of the Highlands Homeowner's Association case. Commissioner Gilmore returned to the Meeting at 6:04 p.m. REPORTS 401. Office Of The City Manager - Ronald W. McLemore Manager McLemore asked to have a short Meeting "Next Monday." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 6 OF 27 With discussion, Mayor Bush asked if a 4:00 p.m. start time was acceptable? Commissioner Joanne M. Krebs stated, "4:00 [p.m.] is fine." Deputy Mayor McGinnis stated, "4:00 [p.m.] is good. Andrea (Lorenzo-Luaces, City Clerk) just please send a reminder. " Mayor Bush summarized, "July 2nd at four o'clock, a Meeting hopefully will last only one (1) hour. .." Manager McLemore added, "... Or less." Mayor Bush then asked Manager McLemore about the fire in Bear Creek Estates. REPORTS 402. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Lorenzo-Luaces mentioned the need for a replacement for the MetroPlan Orlando Citizens Advisory Committee. COMMISSIONER BROWN SUGGESTED AS A NOMINEE, "BART PHILLIPS." MAYOR BUSH STATED, "THAT WAS A MOTION? SECONDED BY COMMISSIONER KREBS." DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. As to notifying Mr. Philips, Mayor Bush said, "I will send him a letter officially." REPORTS 403. Commission Seat Three - Donald A. Gilmore No Report. REPORTS 404. Commission Seat Four/Deputy Mayor - Sally McGinnis No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 7 OF 27 REPORTS 405. Commission Seat Five - Joanne M. Krebs "I WOULD LIKE TO MAKE A MOTION THAT WE DEVELOP A DONATION POLICY FOR THE CITY OF WINTER SPRINGS." MOTION BY COMMISSIONER KREBS. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. DEPUTY MAYOR McGINNIS ASKED ABOUT OTHER MUNICIPALITIES AND CATEGORIES. COMMISSIONER KREBS SAID, "IN MY MOTION, I DID SAY TO DEVELOP CRITERIA FOR THAT." "I WOULD LIKE TO AMEND THE MOTION TO REQUEST THE CITY MANAGER GET A COPY OF THE ALTAMONTE SPRINGS' PLAN OR ANY OTHER CITIES IN OUR GENERAL AREA AND TO COME BACK WITH AN AGENDA ITEM FOR DISCUSSION AND APPROVAL." AMENDMENT TO THE MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Commissioner Krebs asked about the status of the tree in honor of former Fire Chief Timothy J. Lallathin and a related Proclamation for Chief Lallathin day? Manager McLemore remarked, "Steve (Richart) is working on that." Mr. Stevenson added, "I'll get an update." Mayor Bush suggested it be emailed to everybody. Next, Commissioner Krebs spoke of listening to the recent Ad Hoc Winter Springs Citizen Property Tax Reform Mitigation Study Committee Meeting and mentioned the references to possible staff cuts to save money. Tape I/Side B CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 8 OF 27 Commissioner Krebs noted, "If everybody has to take a ten percent (10%) cut, let us take a ten percent (10%) cut." Discussion. Manager McLemore stated, "We'll look at all alternatives." Discussion ensued on the 175/185 Plan. Commissioner Krebs stated, "I don't want to see any employees cut." Mayor Bush suggested that Commissioner Krebs work with the City Manager on this. The next issue brought up by Commissioner Krebs involved an email related to another Financial Achievement Award. Ms. Michelle Greco, Director, Finance Department addressed the City Commission. "I WOULD LIKE TO MAKE A MOTION THAT IN TWO (2) YEARS, WE AT LEAST APPLY FOR THIS A WARD AND TAKE IT FROM THERE." MOTION BY COMMISSIONER KREBS. MOTION DIED FOR LACK OF A SECOND. MOTION "THAT WE COME BACK AND LOOK AT THIS IN SIX (6) MONTHS, AFTER WE KNOW THE FULL IMPACT OF WHAT HAPPENS AFTER THE TAX CUTS AND WE SEE HOW MUCH THEY ACTUALLY AFFECT US AND WHAT AREAS WE ARE FORCED TO CUT - AND AT THAT TIME, WE CAN DECIDE WHETHER IT IS A GOAL TO T AKE FORWARD AND PUT THE APPROPRIATE TIME FRAME PARAMETERS AROUND IT." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REPORTS 406. Office Of The Mayor - John F. Bush For the Ad Hoc Winter Springs Citizen Property Tax Reform Mitigation Study Committee, Mayor Bush stated, "I would like to recommend that we Appoint Charles Lacey to fill that position" vacated by Mr. Stephen Thompson. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 9 OF 27 "I MAKE A MOTION TO APPOINT CHARLES LACEY TO THE POSITION." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. Mayor Bush stated, "I did listen to the tape of the [Ad Hoc Winter Springs Citizen Property] Tax Reform [Mitigation Study] Committee and 1 thought it was very informative - thought they did a nice job on the presentations." Mayor Bush spoke of Minutes and audio tapes, and noted, "We have all got to take more responsibility in doing our own research and not asking her. And 1 will say the same thing for Staff. Staff, the same thing - if it is on the tape, you get the tape and listen to it. You don't ask the Clerk to find it for you." Deputy Mayor McGinnis noted, "I totally support that." Regarding which audiotapes should be kept, Attorney Garganese suggested, "We may want to take a look at that." Further discussion followed on the time audiotapes are kept. Regarding the new digital recording system, Commissioner Rick Brown asked if it will be indexed? With brief discussion, Manager McLemore stated, "Can 1 suggest we bring this back?" Mayor Bush stated, "I think we need a Motion, number one to clear up how long we keep records for the Commission and Code Enforcement versus others'; and then also, a better description of how the - digitized audio is going to work." "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. FURTHERMORE, MAYOR BUSH STATED, "COMMISSIONER BROWN ECHOED THE COMMENTS I MADE AS A MOTION, THAT THE COMMISSION COMES BACK WITH - A PLAN ON HOW TO KEEP THE - LENGTH OF TIME WE KEEP COMMISSION RECORDS AND CODE ENFORCEMENT RECORDS VERSUS OTHER BOARDS." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE IOOF27 MAYOR BUSH ADDED, "A RECOMMENDATION, AND ALSO THEN AT THE SAME TIME, TO LOOK AT THIS DIGITIZED - HOW THIS IS GOING TO WORK, SO WE CAN ALL UNDERSTAND, NOT ONLY US BUT CITIZENS WHO WOULD WANT TO ACCESS THESE RECORDS AS WELL." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER." DISCUSSION VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Discussion ensued on newspaper articles the Office of the City Clerk has provided to the Mayor and City Commission. Commissioner Brown mentioned news search engines being implemented. Mr. Phil Simmons WebIMultimedia Specialist, Information Services Department said, "We can certainly look into that." Manager McLemore suggested, "Part of your other Agenda Item. " With further discussion, Commissioner Brown noting adding tag lines for news searches. Mr. Phil Simmons said, "It is something we can look into." Discussion. REPORTS 407. Commission Seat One - Robert S. Miller Commissioner Robert S. Miller asked for a flow chart to be provided at the next Meeting, with the phase points between now and next October. Manager McLemore stated, "That is the purpose of next Monday night's Meeting." REPORTS 408. Commission Seat Two - Rick Brown Commissioner Brown mentioned a community meeting he is going to hold at Hacienda Village on July 22,2007; and that on Monday mornings when he is in town, he will be at Bamie's Coffee & Tea Company. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 11 OF27 Next, Commissioner Brown referenced the March 12,2007 City Commission Meeting on an issue related to an Economic Development Task Force. Manager McLemore stated, "We will have it for you next Meeting. " Commissioner Brown then asked when the Districting Commission would begin meeting and what the deadline was. Mr. Stevenson said, "We will take care of that." Mr. Stevenson added, "I will send an email out on that informing everyone." Lastly, Commissioner Brown spoke of Father George Dunne's 25th Anniversary at St. Stephen's Catholic Church and thanked Mayor Bush for the Proclamation for Father Dunne. PUBLIC INPUT Mr. Paul P. Partyka, 934 Contravest Lane, Winter Springs Florida: spoke as a representative of the Oviedo - Winter Springs Regional Chamber of Commerce; and commented on the Proclamation for Father Dunne St. Stephen's Catholic Church. Tape 2/Side A Mr. Partyka then introduced some of the members of the Oviedo - Winter Springs Regional Chamber of Commerce. Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: commented on the business community and their support for both communities. Mr. John J. Drehoff, 105 Atrium Court, Winter Springs, Florida: spoke in support of good things going on at Trotwood Park. Mr. Michael S. Blake, 711 Canadice Lane, Winter Springs, Florida: commented on cell towers and referenced the Medina, Washington community. Mr. Jeff McCall representing the Fire Union, gave thanks for the support related to former Fire Chief Tim Lallathin; and Mr. McCall spoke about a presentation the Fire Union wanted to present to the City Commission and to the Ad Hoc Winter Springs Citizen Property Tax Reform Mitigation Study Committee. Discussion. Mr. Michael S. Blake, 711 Canadice Lane, Winter Springs, Florida: as the Chairman of the Ad Hoc Winter Springs Citizen Property Tax Reform Mitigation Study Committee, Chairman Blake spoke of a tight deadline and said that additional materials could be submitted for personal review if a Department wanted to. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 12 OF 27 Further discussion. "I MAKE A MOTION THAT THE FIRE DEPARTMENT BRING IT UNDER PRESENTATIONS, NEXT MEETING." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Mr. Dale Kirby, 122 Sevute Chase Drive, Winter Springs, Florida: commented on the upcoming 4th of July event. Ms. Sean O'Dell, 12073 Lake Cypress Circle, Orlando, Florida: remarked about a whistle blowing resident and after hours game playing at a City park. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department - Planning Division Requests That The City Commission Hold A Public Hearing For Second Reading Of Ordinance Number 2007-09, A Small Scale Comprehensive Plan Amendment, Which Changes The Future Land Use Map Designation Of One (1) Parcel Containing 4.32 Acres, More Or Less, Located On The West Side Of DeLeon Street At 1740 DeLeon Street From (Seminole County) "Rural-3" (1 Dwelling Unit Per 3 Acres) To (Winter Springs) "Rural-Residential" (Minimum 1 Acre) With "Conservation Overlay" On Those Affected Areas. Attorney Garganese read the Ordinance by "Title" only. Brief 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 13 OF 27 "MOTION FOR APPROVAL." MAYOR BUSH ST A TED, "MOVE FOR APPROVAL BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department - Planning Division Requests That The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance Number 2007-15, Which Rezones A Parcel Containing 4.32 Acres, More Or Less, Located On The West Side Of DeLeon Street At 1740 DeLeon Street From "A-3" Agricultural (Seminole County) To "R-Cl" (City Of Winter Springs) Single Family Swelling District" (Minimum Lot Size- 1 Acre). Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR McGINNIS. 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 -JUNE 25, 2007 PAGE 14 OF 27 PUBLIC HEARINGS 502. Community Development Department - Planning Division Requests That The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance Number 2007-10, A Small Scale Comprehensive Plan Amendment, Which Changes The Future Land Use Map Designation Of One (1) Parcel Containing 1.6 Acres, More Or Less, Located Immediately West Of DeLeon Street At 201 Cress Run From (Seminole County) "Rural-3" (1 Dwelling Unit Per 3 Acres) To (Winter Springs) "Rural Residential" (Up To 1 Unit Per Gross Acre) With "Conservation Overlay" (On Those Affected Areas). Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE ITEM '502'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance Number 2007-16, Which Rezones 1.6 Acres, More Or Less, Located Immediately West Of DeLeon Street At 201 Cress Run From (Seminole County) "A-3" Agricultural To (City Of Winter Springs) "R-C1" Single Family Dwelling District (Minimum Lot Size- 1 Acre). Attorney Garganese read the Ordinance by "Title". Tape 2/Side B Continuing, Attorney Garganese stated, "Section 5. has a conditional effective date. This Ordinance is effective upon Ordinance 2007-10 becoming effective." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE IS OF 27 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. MAYOR BUSH STATED, "MOTION FOR APPROVAL BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. PUBLIC HEARINGS 504. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance Number 2007-04, A Small Scale FLUM (Future Land Use Map) Amendment Changing The Future Land Use Map Designation Of An 8.8 Acre Parcel, Located On The North Side Of SR (State Road) 434, East Of The Entrance To Barrington Estates and 600' West Of DeLeon Street From (Seminole County) "Rural-3" To (City Of Winter Springs) "Conservation" And (City Of Winter Springs) "Commercial" With "Conservation Overlay". Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE ITEM '504'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 16 OF 27 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 505. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance Number 2007-05, Which Rezones 8.8 Acres (More Or Less), Located On The North Side Of SR (State Road) 434 East Of The Entrance To Barrington Estates And 600' West Of DeLeon Street, From (Seminole County) "A- 3" Agricultural To (Winter Springs) "C-l Neighborhood Commercial". Attorney Garganese read Ordinance 2007-05 by "Title" only and noted, "Section 5. - this has a conditional effective date. It becomes effective upon Ordinance 2007-04 becoming effective. " 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 DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 506. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE I70F27 PUBLIC HEARINGS 507. Community Development Department - Planning Division Requests That The City Commission Hold A Public Hearing For First Reading Of Ordinance Number 2007-20 Which Revises The "R-3 Multi-Family" Zoning District's Conditional Uses To Include Day Nurseries, Kindergartens And Day Care. Mayor Bush stated, "Need a Motion to read by 'Title' only." "SO MOVED." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. 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. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. COMMISSIONER MILLER STATED, "MOTION TO MOVE TO A SECOND READING?" COMMISSIONER BROWN STATED, "YES." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 18 OF 27 PUBLIC HEARINGS 508. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance Number 2007-21 Which Revises The "Minimum Community Appearance And Aesthetic Review Standards" Of The City Code To Include Residential Compatibility And Harmony Regulations. Mayor Bush stated, "Can we have a Motion to read by 'Title' only." "SO MOYED." MAYOR BUSH STATED MOTION BY "COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN." DISCUSSION. YOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2007-21 by "Title" only. Mr. Stevenson advised the City Commission that, "This language will be incorporated as a permanent item into your Code and Staff would continue to perform the reviews that they currently perform in terms of neighborhood compatibility." Discussion ensued on whether the services of an Architect might be needed. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Tom Waters, 1033 Antelope Trail, Winter Springs, Florida: commented on this Agenda Item and noted that he felt comfortable with Staffs review. Mayor Bush closed the "Public Input" portion of the Agenda Item. Attorney Garganese said, "Sub paragraph W on page 4, I would like to add some language - third sentence where it says, 'Said appeal shall be filed with the city manager in writing within five (5) calendar days of denial.' - add the language 'along with a filing fee established by the City Commission'." Attorney Garganese added, "We can establish that after the Ordinance or simultaneously with the adoption of the Ordinance." Mayor Bush suggested Staff offer a recommendation on a fee. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 19 OF 27 "MOVE TO SECOND READING..." MOTION BY DEPUTY MAYOR McGINNIS. MAYOR BUSH ADDED, "...WITH THE CHANGE THAT ANTHONY READ...?" DEPUTY MAYOR McGINNIS THEN SAID, "...CORRECT." SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Community Development Department Requests The City Commission To Consider Dates And Locations For A Series Of Community Meetings. Manager McLemore suggested this be discussed next Monday evening. Commissioner Brown commented, "Let's do it next Monday." Deputy Mayor McGinnis remarked, "I think so." "MOTION TO TABLE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER BROWN. 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 - JUNE 25, 2007 PAGE 20 OF 27 REGULAR 601. Finance Department To Have The City Commission Authorize: The formation Of A Three-Member Audit Selection Committee To Include One (1) City Commissioner, The City Manager To Issue An RFP (Request For Proposal) For Audit Services In Compliance With The Competitive Auditor Selection Procedures Set Forth In Florida Statutes Section 218.391.; The City Manager To Negotiate A Contract For Audit Services For Review And Approval By The City Commission. Ms. Greco addressed the City Commission on this Agenda Item. "I WOULD LIKE TO MAKE A MOTION TO APPOINT COMMISSIONER BROWN TO IT." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. YOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: NAY COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Ms. Greco then said that "There are two other things that needed to be in the Motion - you have to allow us to issue the RFP (Request for Proposal) and the last thing is to allow the City Manager to negotiate the Contract once we get to the funds." Mayor Bush remarked, "Can we have a Motion then to encompass those two (2) items." "SO MOYED." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. YOTE: 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 - JUNE 25, 2007 PAGE 21 OF 27 REGULAR 602. Office Of The City Clerk Wishes To Inform The City Commission About The Status Of The Temporary Staff Member That Was Approved In November Of 2005 And Ask For Their Direction. City Clerk Lorenzo-Luaces briefly spoke on this Agenda Item. Brief discussion. "I MOVE THAT WE TABLE THIS UNTIL OUR TAX COMMITTEE HAS FINISHED THEIR MEETINGS AND RECOMMENDATIONS - REVISIT THIS AT THAT TIME." MOTION BY DEPUTY MAYOR McGINNIS. MOTION DIED FOR LACK OF A SECOND. Further comments were made. REGULAR 603. Office Of The City Clerk Requests That Mayor John F. Bush And/Or Members Of The City Commission (Depending On The Applicable Advisory Boards And Committees) Make Appointments/Reappointments Related To The Terms Of Office Which Will Be Expiring In July 2007 - Specifically Regarding Members Of The Beautification Of Winter Springs Board; The Board Of Adjustment; The Code Enforcement Board; The Planning And Zoning BoardlLocal Planning Agency; And The Tuscawilla Lighting And Beautification District Advisory Committee; And For The Terms Of Office Which Will Be Expiring In August 2007 - Specifically Members Of The Oak Forest Wall And Beautification District Advisory Committee. "I WOULD LIKE TO NOMINATE KATHRYN FAIRCHILD TO THE BOWS (BEAUTIFICATION OF WINTER SPRINGS BOARD) COMMITTEE." MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR McGINNIS. 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 - JUNE 25, 2007 PAGE 22 OF 27 "I WOULD LIKE TO NOMINATE TOM WATERS TO CONTINUE ON HIS CURRENT POSITION ON THE BOARD OF ADJUSTMENT." MOTION BY COMMISSIONER BROWN. 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 KAREN PAINE-MALCOLM TO SERVE ON THE BOARD OF ADJUSTMENT." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. FOR THE CODE ENFORCEMENT BOARD - "I WOULD LIKE TO NOMINATE JAMES PITTS." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. ALSO FOR THE CODE ENFORCEMENT BOARD - "MOTION TO APPROVE GREGORY ROERO." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 23 OF 27 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Tape 3/Side A Mayor Bush stated, "Do you want to make a Motion to Approve Jim Wentz to Code Enforcement [Board]." "SO MOVED." MOTION BY COMMISSIONER MILLER. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER 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 REAPPOINT BRIAN OLIVER" TO THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "I WOULD LIKE TO REAPPOINT SHARON HOTCHKISS" TO THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 24 OF 27 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. FOR THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY, "I WOULD LIKE TO NOMINATE FOR APPOINTMENT RETIRED POLICE CAPTAIN HEATWOLE FOR THIS POSITION." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "I WOULD LIKE TO NOMINATE BILL POE TO BE REAPPOINTED" TO THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY. MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN : AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. "I WOULD LIKE TO REAPPOINT MARY BROOK" TO THE TUSCA WILLA LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 25 OF 27 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. "FOR THE BEAUTIFICATION OF WINTER SPRINGS BOARD, SEAT ONE, I WOULD LIKE TO REAPPOINT LORRY ROERO." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN : AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 604. Office Of The City Manager ADD-ON Desires To Inform The City Commission That The City Has Received A Conditional Use Application From Crown Castel International To Construct A 150 Foot Monopole Cell Tower At The Sewer Treatment Plant Located On Winter Springs Boulevard. Further, The City Manager Requests The City Commission Consider Authorizing The Conditional Use Application To Be Processed Pursuant To Section 20-451., Winter Springs Code. Manager McLemore introduced this Agenda Item. Discussion. Commissioner Miller requested information or a presentation related to what was done on Fisher Road. With further comments on multiple co-locations, Manager McLemore spoke of a Consultant's Report and noted, "We can get that information for you." Commissioner Gilmore asked for information related to Sam Smith Park, and which options would be best for the proposed application. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 26 OF 27 Manager McLemore stated, "We already have a letter Report from him which I will give you." Commissioner Gilmore asked to see the Reports. Discussion followed on powerlines. Manager McLemore noted, "There are two (2) power companies. I think each one has their position on this. We will try to find out for you, if they'll tell us." Furthermore, "You had a Report done two (2), three (3) years ago. Since that time, there has been some shift and change in technology. Now you have another Report on the status of that which basically says you can do it, if you're willing to accept more poles in more locations; and I'll get you copies of that." "MOTION TO APPROVE ITEM '604'." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. "I WOULD LIKE THE CITY MANAGER AND STAFF TO SPEND SOME VERY SERIOUS TIME DEVELOPING INFORMATION ON THIS POWER POLE THING." MOTION BY COMMISSIONER MILLER. COMMISSIONER MILLER ADDED, "IF WE ARE FORCED ON THIS MONOPOLE THING WITHOUT GETTING INFORMATION ON THE POWERLINES, SHAME ON US THAT WE FIND OUT SIX (6) WEEKS LATER THAT WE COULD HAVE PUT UP TWO (2) OR THREE (3) ANTENNAES ON THE POWER LINES AND MAYBE ON ONE (1) OR TWO (2) LIGHT POLES AND TAKEN CARE OF THE CELL PHONE PROBLEM IN THAT AREA - YES, IT IS A MOTION." FURTHERMORE, COMMISSIONER MILLER STATED, "I WOULD LIKE TO GET IT BACK AS SOON AS POSSIBLE, WITHIN TWO (2) OR THREE (3) WEEKS, A MONTH AT THE MOST." MAYOR BUSH NOTED, "THIS WOULD BE AN ANALYSIS OF THE ANSWERS TO THE QUESTION ABOUT WHETHER OR NOT THEY GO ON POWERLINE POLES." COMMISSIONER MILLER NOTED, "CORRECT. INVITE THE POWER COMPANIES IN HERE." SECONDED BY COMMISSIONER GILMORE. DISCUSSION. ,. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 25, 2007 PAGE 27 OF 27 "AMENDMENT - THE ONLY CHANGE I WOULD LIKE TO MAKE IS THAT IF THE POWER COMPANIES SAY 'NO', I WOULD LIKE TO REQUEST THEM TO COME BEFORE US AND EXPLAIN SPECIFICALLY WHY THAT IT IS OKAY FOR ONE POWER COMPANY TO DO IT, AND NOT OKAY FOR ANOTHER. I WOULD LIKE TO SEE WHAT THEIR CRITERIA IS THAT THEY BASE THAT ON." AMENDMENT TO THE MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: (ON THE AMENDMENT) DEPUTY MAYOR McGINNIS: NAY COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 9:04 p.m. CTFULLY SUBMITTED: LORENZO-LUACES, CMC LERK ~v~'N\)lIY tr~ JOFfN F. BU~ MAYOR> NOTE: These Minutes were approved at the July 9, 2007 Regular City Commission Meeting.