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HomeMy WebLinkAbout2007 09 10 Consent 203 Approval of August 27 Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING AUGUST 27,2007 CALL TO ORDER The Regular Meeting of Monday, August 27,2007 ofthe City Commission was called to Order by Mayor John F. Bush at 5:21 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, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present A moment of silence preceded the Pledge of Allegiance. .:..:. AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Police Department Certificate Of Appreciation To Mr. Albert Mannino Jr. To Be Presented By Chief Of Police Daniel J. Kerr. Chief of Police Daniel J. Kerr, Police Department presented a Certificate of Appreciation to Mr. Albert Mannino, Jr. for his cooperation with apprehending some suspects. Under Agenda Changes, Mayor Bush said, "The Cell Tower issue - the Applicant had to appear before the County Commission. When she gets here and she's ready to go, we will take that - up where we left off." ~ f5 ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 2 OF 26 INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Deputy Mayor Sally McGinnis referenced page 15 and asked if the Dittmer property is going on in a "timely manner." Mr. Steve Richart, Urban Beautification Services Division Manager, Community Development Department stated that on behalf of Mr. Randy Stevenson, A1CP, ASLA, Director, Community Development Department, "I do not have an answer to that." We'd like to bring that back to you next Meeting." Deputy Mayor McGinnis responded by saying, "Okay." INFORMATIONAL 101. Parks And Recreation Department Wishes To Inform The City Commission About The Schedules For The Fall/Winter, Winter Springs Special Events. No discussion. INFORMATIONAL 102. Public Works Department Providing The City Commission With Information From Florida's Turnpike Enterprise Regarding The Toll On The Seminole Expressway For Trips Between Winter Springs And Oviedo. Mr. Brian Fields, P.E., Engineer, Public Works Department explained, "We asked for an update formally; and what they did was - gave us the updated traffic counts at the two (2) Toll Plazas." Mr. Fields added, "What their position is that the volume of traffic did not increase very much at the [State Road] 434 Toll Plaza, therefore, no further analysis is required. We would be glad to invite them back here to defend that position if the Commission desires." Commissioner Rick Brown said, "I think we should." Mayor Bush asked, "Do you want to make that a Motion Mr. Brown?" Mayor Bush asked, "Do you want to make that a Motion?" "I SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. ,::::a ~ ~ ~ ~ !S CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 3 OF 26 MAYOR BUSH STATED, "THE MOTION WOULD BE TO INVITE THE SEMINOLE EXPRESSWAY PEOPLE - TO COME BACK TO ANSWER MORE CLEARLY." VOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mayor Bush then asked, "Can we have a Motion then for Approval of Informational" Agenda? "SO MOVED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Office Of The City Manager Requesting The City Commission To Accept A Settlement Reached By The New York State Attorney General With The Unum Group And Authorize The City To Execute A Release Of Future Claims Against The Unum Group. No discussion. CONSENT 201. Auditor Selection Committee Requesting That The City Commission Authorize The City Manager To Execute A Three-Year Contract For Audit Services With The Firm Of McDirmit Davis & Company, LLC With A Possibility For Three (3) One-Year Renewals. This Agenda Item was not discussed. =:a ~ ~: ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 4 OF 26 CONSENT 202. Finance Department And Community Development Department Requesting That The City Commission Authorize The Submittal Of The Certificate To Non-Ad Valorem Assessment Roll, Assessment Summary And FY (Fiscal Year) 2007-2008 Annual Assessment Roll For Tax Year 2007 Relating To The Tuscawilla Lighting And Beautification Assessment Area - Phases I And II To The Seminole County Tax Collector By September 15, 2007. Brief discussion. CONSENT 203. Finance Department And Community Development Department Requesting That The City Commission Authorize The Submittal Of The Certificate To Non-Ad Valorem Assessment Roll, Assessment Summary And FY (Fiscal Year) 2007-2008 Annual Assessment Roll For Tax Year 2007 Relating To The Oak Forest Wall And Beautification District To The Seminole County Tax Collector By September 15, 2007. There was no discussion on this Agenda Item. CONSENT 204. Public Works Department Requesting City Commission Authorization To Purchase Twenty (20) Phoenix Sylvestris Robusta Palms From Fish Branch Tree Farm, Inc. For $36,830.00 On The Basis Of The Lowest Price And Sole Provider Of The Preferred Tree Variety. No discussion. CONSENT 205. Office Of The Mayor Requesting The City Commission To Adopt Resolution 2007-37 Recognizing Skip Lazlo For His Thirty (30) Years Of Dedicated Service As An Employee Of The City Of Winter Springs; And Expressing Our Appreciation On Behalf Of The Citizens Of The City Of Winter Springs; And Providing For An Effective Date. There was no discussion on this Agenda Item. ~ 1$ f:: ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 5 OF 26 CONSENT 206. Office Of The Mayor Requesting The City Commission To Adopt Resolution 2007-38 Recognizing Robert E. Dallas For His Twenty Seven (27) Years Of Dedicated Service As An Employee Of The City Of Winter Springs; And Expressing Our Appreciation On Behalf Of The Citizens Of The City Of Winter Springs; And Providing For An Effective Date. This Agenda Item was not discussed. CONSENT 207. Community Development Department Requesting Approval Of Three (3) Bid Amounts To Provide Rehabilitation Work To Three (3) Houses As Part Of The Florida Housing Finance Corporation's (FHFC) Home Again Program. City Manager Ronald W. McLemore explained this Program. CONSENT 208. Office Of The City Clerk Approval Of The August 13, 2007 City Commission Regular Meeting Minutes. No discussion. CONSENT 209. Office Of The City Clerk Approval Of The August 20, 2007 City Commission Special Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 210. Office Of The Mayor ADD-ON Requesting Approval To Adopt Resolution 2007-39 Opposing An Amendment To The Florida Constitution That Would Force Voters To Decide All Changes To A City Or County's Comprehensive Plan. This Agenda Item was not discussed. c:a ~ s:x:: I:Le ea es CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 6 OF 26 Mayor Bush stated, "Can we have a Motion then - on the Consent Agenda?" "SO MOYED." MOTION BY COMMISSION BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. YOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENT A TIONS WERE PRESENTED NEXT, AS DOCUMENTED. .:. .:. AWARDS AND PRESENTATIONS Mayor Bush presented Resolution 2007-38 recognizing Robert E. Dallas for his twenty- seven (27) years of dedicated service; and then Resolution 2007-37 to Skip Lazlo for his thirty (30) years of dedicated service. REPORTS REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese spoke for the Record on the Jones v. the City of Winter Springs Appeal; the Highland's Homeowner's Association case; and then the Settlement Agreement between the City and the Roy's case. REPORTS 401. Office Of The City Manager - Ronald W. McLemore No Report. .::a ~ ~~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 7 OF 26 REPORTS 402. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Andrea Lorenzo-Luaces reminded the City Commission about the Workshop this Wednesday, August 29, 2007 at 6:30 p.m. to discuss next week's Town Hall Meetings. Discussion ensued on the set up for the Town Hall Meetings, to which Deputy Mayor McGinnis suggested that public address systems be available for all locations. Mayor Bush recommended there be a table and a podium for the Mayor and Commissioners. REPORTS 403. Commission Seat One - Robert S. Miller Commissioner Robert S. Miller spoke regarding a letter from the City of Casselberry related to a road that cuts into Murphy Road. Mayor Bush stated, "I think, what we should do is have Ron [McLemore] find out and if we need to go to the Commission Meeting, I could go and make the - request." Manager McLemore said, "I can communicate with the staff all day long but it is the Elected Officials that is going to make the decision. So, Elected Officials need to communicate with their Elected Officials." Mayor Bush said, "So, we need to know when this was on their Agenda." Manager McLemore said, "I will arrange that. I'll find out." With further discussion, Mayor Bush said, "If the Commission has no objection, I will talk to Brian [Fields] and find out what staff member from Casselberry gave you that information and I will personally call each of the Commissioners and the Mayor of Casselberry and let them know our feelings. Is that acceptable to everybody?" Deputy Mayor McGinnis said, "Yes." There were no objections. Manager McLemore said, "We have already sent a Resolution to that affect." Mayor Bush said, "Brian [Fields], can you make sure I know who that is and send me an email?" Mr. Fields acknowledged this request. Next, Commissioner Miller said that the West End Center divider and landscaping needs improvement and asked that the City work with the area businesses on this. Regarding the traffic light in front of the Winn-Dixie store, Commissioner remarked on the lights in this area be timed and we work with Seminole County on this. -=:a ~ r=c: J:L,.. ~ eg CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 8 OF 26 Lastly, Commissioner Miller commented on beverages and food at Commission Meetings. "I MAKE A MOTION WE ALL PUT AN EQUAL AMOUNT OF MONEY INTO A FUND - AND THEN WE HAVE COFFEE DELIVERED AND PIZZA DELIVERED EACH MONDAY THAT WE HAVE A COMMISSION MEETING." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: NAY MOTION CARRIED. Discussion. "I MAKE A MOTION THAT WE START THE MEETINGS AT 6:30 [P.M.] MAYOR, AND WE HAVE NO DINNER BREAK, BUT WE'LL STILL HAVE THE COFFEE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. DEPUTY MAYOR McGINNIS ASKED, "IS THAT 6:30 [P.M.] TO 11:00 [P.M.] MAYOR?" MAYOR BUSH SAID, "LIKE WE USE TO DO IT." VOTE: COMMISSIONER BROWN: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: NAY COMMISSIONER KREBS: NAY COMMISSIONER GILMORE: AYE MOTION DID NOT CARRY. Mayor Bush said, "We stay at 5:15 [p.m.]." Commissioner Miller briefly noted a recent suggestion by Tallahassee Legislators. ~ ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 9 OF 26 REPORTS 404. Commission Seat Two - Rick Brown Commissioner Brown commented on his "Coffee with the Citizens" at Barnie's Coffee and Tea Company. Next, Commissioner Brown commented on Animal Control problems in some subdivisions. Attorney Garganese stated, "The City adopted Seminole County's Ordinance by Reference and Section - entitled "Urinating and Defecating" prohibits that type of behavior. Commissioner Brown asked, "What is the penalty rate for that?" Captain Glenn Tolleson, Police Department said, "It has actually gone up. It is now fifty ($50.00) dollars. " Brief discussion followed on Homeowner's Associations and the Code. REPORTS 405. Commission Seat Three - Donald A. Gilmore Commissioner Donald A. Gilmore spoke of missing light globes at the comer of Tuskawilla Road and State Road 434. Manager McLemore said, "They have been ordered. I don't know why they have not arrived, but they have been ordered through the County." Continuing, Commissioner Gilmore also commented on the chain link fence on Northern Way. REPORTS 406. Commission Seat Four/Deputy Mayor - Sally McGinnis Deputy Mayor McGinnis commented on moving ahead with red light cameras. Discussion. Tape l/Side B Chief Kerr said, "It is on the Agenda for next Meeting." c::a @; ~: ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 10 OF 26 REPORTS 407. Commission Seat Five - Joanne M. Krebs Commissioner Joanne M. Krebs gave some booklets from Florida Green Industries to the City Clerk. Next, Commissioner Krebs commented on gushing irrigation along Tuskawilla Road near the Oak Forest Drive entrance. Mr. Richart said, "Normally, if anybody sees anything, go ahead and give me a call and I can pass that on." Commissioner Krebs said, "As far as the money fund for the pizza - I will volunteer to come up with some places to order from and maybe we can alternate it." Mayor Bush added, "To pick it up?" Commissioner Krebs added, "I will take care of it." Commissioner Krebs then said, "Not the coffee." Discussion ensued on the parking issue. "I AM MAKING A MOTION TO BRING THIS BACK AS AN ITEM AND RECONSIDER OR RECONSIDER SOMETHING UNDER DISCUSSION. COULD WE DO THAT?" MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CAPTAIN TOLLESON SAID, "WE GAVE A PRESENTATION - ABOUT THE BLIGHT THAT WAS CAUSED BY PARKING IN YARDS, AND THE COMMISSION GAVE GUIDANCE THAT WE WERE GOING TO AMEND 12- 65. WHICH WOULD ADD THE FRONT SIDE YARDS BUT WAS VOTED THAT EVENING, NOT TO ADDRESS ON-STREET PARKING; BUT WE DID TALK ABOUT IT. SO WOULD YOU LIKE ME TO JUST BRING BACK THE PARKING STREET ISSUE?" COMMISSIONER KREBS SAID, "I THINK IF YOU TALK TO THE CITY MANAGER HE CAN HELP DIRECT YOU ON THAT." CAPTAIN TOLLESON SAID, "THERE WERE SEVERAL OPTIONS THAT WERE AVAILABLE AND I CAN WORK WITH HIM AND BRING SOMETHING BACK." MAYOR BUSH REITERATED, "THE MOTION IS TO BRING IT BACK BEFORE THE COMMISSION ON PARKING ON THE STREET." COMMISSIONER KREBS SAID, "RIGHT." FURTHER DISCUSSION. =:a IS ~: ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE II OF26 COMMISSIONER GILMORE COMMENTED "WHEN YOU BRING THIS BACK, I WOULD LIKE TO BRING BACK SOMETHING - A DISCUSSION ITEM RELATIVE TO WHEN PEOPLE ARE HAVING A PARTY AT THEIR NEIGHBORHOOD, AT THEIR HOUSE. THEY COULD HAVE TEN (10) CARS AND IF THEY CAN'T PUT THOSE TEN (10) CARS IN THEIR DRIVEWAY, THEY HAVE TO SEND EVERYBODY HOME BY OUR PRESENT LAWS AND I THINK THAT WE NEED TO HAVE SOME MEANS OF PROVIDING PEOPLE WITH SOME KIND OF PERMISSION." CAPTAIN TOLLESON REMARKED, "I WILL INCLUDE THAT IN THE AGENDA." "MY AMENDMENT IS THAT WE HAVE A SPECIAL WORKSHOP ON 'ON- STREET PARKING'." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER KREBS: AYE COMMISSIONER BROWN : NAY COMMISSIONER MILLER: NAY DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER BROWN : AYE COMMISSIONER MILLER: NAY DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Regarding setting a date for this Workshop, it was suggested by Mayor Bush, "Sometime after October 1 st [2007]?" Deputy Mayor McGinnis said, "Okay." Commissioner Krebs said, "That's fine." Mayor Bush recommended, "October the 2nd, what time for the Workshop?" Commissioner Krebs said, "6:30 [p.m.]." Mayor Bush reiterated, "6:30 [p.m..], October the 2nd, [2007], Workshop on 'On-Street Parking'." Commissioner Brown said, "Do you perhaps want to make this a Special Meeting so we can actually Vote on it?" Commissioner Krebs said, "I think that is a good idea." Mayor Bush said, "Let's have a Motion to make this a Special Meeting." ,::::a !5 s::z:: J:L. ea ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 12 OF 26 "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REPORTS 408. Office Of The Mayor - John F. Bush Mayor Bush mentioned that he would be discussing Seminole W ay at the Seminole County Board of County Commissioners Meeting tomorrow and asked the City Commission to attend. Next, Mayor Bush noted someone running the stop sign at Winter Springs Boulevard and Tuskawilla Road and asked about the planned striping. Mr. Fields stated, "As soon as we can, that striping is going to be installed - probably within two (2) weeks." Commissioner Gilmore suggested that the City Manager take care of having someone spray paint the striping in the interim. Mayor Bush noted a seminar he attended earlier today which encouraged people to walk and ride bicycles and possibly closing some road lanes. Discussion ensued regarding the pedestrian bridge over State Road 434. "I MAKE A MOTION TO GO TO THE COUNTY AND ASK THEM FOR THE SAME TREATMENT THAT LAKE MARY GOT..." DEPUTY MAYOR McGINNIS NOTED, "...OVERPASS - A BRIDGE OVER THE ROAD." MAYOR BUSH ADDED, "OVER STATE ROAD 434." COMMISSIONER KREBS THEN REMARKED, "PEDESTRIAN BRIDGE." MOTION BY COMMISSIONER KREBS. 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. c:a ~ c::> ~: ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 13 OF 26 Mayor Bush asked, "Mr. McLemore, you will help me write that letter?" Manager McLemore said, "As I understand it, you want a pedestrian overpass?" Deputy Mayor McGinnis said, "Yes." Manager McLemore asked, "Do we know where we want it? Do you want us to do some analysis on that and come back with some suggestions?" Mayor Bush said, "Yes. I think that would be a good idea." Deputy Mayor McGinnis said, "Yes." Commissioner Krebs said, "Yes." PUBLIC INPUT Mr. Jeffrey Morris, 725 Seneca Meadows Road, Winter Springs, Florida: briefly commented on parking. Mr. Connie Crawley, 206 El Camino Real Circle, Winter Springs, Florida: commented on Mr. BroWfl's Coffee with Citizens and spoke highly of previous Police and Fire Departments' emergency responses. Mr. Tony Morasco, 1311 Deer Run Drive, Winter Springs, Florida: asked if billboards could be removed. Attorney Garganese said, "There are several billboards that are currently in Winter Springs. They are all grandfathered in. There are no new billboards that are allowed by Ordinance which the Commission adopted several years ago. Some of those billboards, especially on the Scrimscher property, they will go away when that property gets developed pursuant to a contractual agreement between the City and that property OWfler. Other billboards will only go away through attrition. If they are destroyed and then cannot be rebuilt as a non-conforming structure. And, as you know, the State passed some laws in the last couple of years that make it very expensive for municipalities to compel the removal of billboards." Mayor Bush suggested removing the name "Winter Springs" from the sign at the Winter Springs Golf Course. Discussion ensued on the signage at Winter Springs Golf Course. Mr. Jeff McCall, Firefighter, Fire Department: commented about the Muscular Dystrophy Labor Day Boot Drive on Friday, Saturday, and Sunday. Mayor Bush called a Recess at 6:34 p.m. The Regular Meeting reconvened at 6:54 p.m. ~ ~ -=c: p... ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 14 OF 26 .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, AS DOCUMENTED. .:..:. REGULAR AGENDA REGULAR 600. Community Development Department Requests That The Commission Consider And Provide Direction Regarding The Existing Fence Height Limitations Set Forth Within Section 6-190. Of The City Code. Mr. Richart presented this Agenda Item and displayed a slide presentation on fences. Discussion. Attorney Garganese returned to the Commission Chambers at 6:59 p.m. Further discussion. Tape 2/Side A Commissioner Brown suggested, "I am wondering if we shouldn't bring this back at another time and notify that community that it is going to be on the Agenda, or have a Special Meeting and notify that community." Mayor Bush mentioned, "The second Monday in November is Veteran's Day..." Commissioner Krebs noted, "...We'll have to change our Meeting..." Mayor Bush agreed and said, "... Change our Commission Meeting." Deputy Mayor McGinnis suggested, "We could just not have one." With discussion on a date for this discussion on fences, Commissioner Krebs and Commissioner Brown recommended, "November 13" [2007]. Mayor Bush stated, "6:30 - Special Meeting concerning fencing in the Ranchlands." Mayor Bush added, "And - we'll notify the citizens of the Ranchlands of this Meeting so they will have an opportunity." Commissioner Gilmore suggested that "I think if we're going to hold this Special Meeting, we should have somebody that is an expert in fences, Architect, or what have you; have slides of acceptable types of fences so that we're not going to sit here and design fences." Commissioner Krebs added, "Front lots." Mayor Bush said to Mr. Richart, "I think Commissioner Gilmore's suggestion is a good one, so you can find somebody who is an expert on fences." Deputy Mayor McGinnis said, "Give us some options." Mayor Bush added, "A Consultant on fencing." ~ @; e:r= ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 15 OF 26 REGULAR 601. Office Of The City Manager Requests A Combined Supplemental Appropriation From The General Fund In The Amount Of $229,566.00 In Order To Complete The 2007 Directives And Accommodate Current Expenditure Projections. Ms. Michelle Greco, Director, Finance Department introduced this Agenda Item. Discussion. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. REGULAR 602. Office Of The City Clerk Requests The City Commission's Direction Regarding The Upcoming Performance For The City Clerk, As Requested By The City Commission At A Previous Meeting. Discussion. Commissioner Miller suggested, "I would like to see like a one (1) page, this is what has been done in the past year, and maybe one (1) page, this is what I intend to do in the next year." "I THINK EACH OF US SHOULD SPEND TIME WITH THE CLERK MAYBE AND VERIFY - MAYBE IN A CONVERSATION SO THAT WE ARE CONVINCED THAT WE KNOW HAS BEEN GOING ON, IF WE ARE NOT AL WAYS FOLLOWING IT. I THINK IT OUGHT TO BE DOWN TO TWO (2) PAGES. ONE (1) PAGE, THIS IS WHAT I HAVE DONE - WHAT I AND MY STAFF HAVE DONE - ONE (1) PAGE, THIS IS WHAT WE WANT TO DO. SO, I MAKE IT IN A MOTION." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. c:a ~ 5 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 16 OF 26 MANAGER McLEMORE SUGGESTED, "JUST FOR THOUGHT, IF YOU USE THE FORMAT I USE FOR THE DEPARTMENT HEADS, IT'S VERY SHORT BUT IT WOULD GIVE THE CLERK A LITTLE MORE FREEDOM TO SAY SOME THINGS." DEPUTY MAYOR McGINNIS SAID, "THAT'S GOOD." MANAGER McLEMORE ADDED, "IT'S FIVE (5) PAGES). DEPUTY MAYOR McGINNIS ADDED, "THAT IS FINE. I AM COMFORTABLE WITH THAT." COMMISSIONER MILLER ADDED, "I WILL LEAVE IT UP TO THE CLERK. IF SHE WANTS TO USE THE CITY FORM. THAT IS FINE." "I WOULD LIKE TO OFFER AN AMENDMENT THAT IT WOULD BE UP TO THE DISCRETION OF THE CITY CLERK WHETHER SHE CHOOSES TO USE THE CITY FORM AS AN OPTION TO THE TWO (2) PAGES." AMENDMENT TO THE MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY CLERK LORENZO-LUACES STATED, "AND THIS WOULD BE TO BRING BACK BY THE 27TH..." COMMISSIONER MILLER NOTED, "...OF SEPTEMBER - WHATEVER YOUR ANNIVERSARY DATE." VOTE: (ON THE AMENDMENT) COMMISSIONER KREBS: NAY COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: NAY COMMISSIONER GILMORE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED NEXT, AS DOCUMENTED. .:..:. t=a ~ ~: ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 17 OF 26 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500.1 Community Development Department [Community Development Department Staff Requests The City Commission Remove This Item From The Table And Review The Agenda Item As Presented On August 13, 2007 And August 20, 2007] Requests The City Commission Review Vertex Development, LLC's Request For A Conditional Use To Allow A Telecommunications Tower, On A 70' x 70' Lease Site, At The Tuscawilla Country Club (1500 Winter Springs Boulevard), In The Tuscawilla Planned Unit Development (PUD). Manager McLemore advised the City Commission that he had put information in the Record and stated they were the "Key issues being the Florida Power and Light alternative; the Land Use Settlement Agreement; the service deficiencies; proposed coverage capacity; the lower - Tower technology; Tier One, Tier Two alternative sites; visual aesthetics; property values; stealth design alternatives; noise; and transfer of development rights which was entered into the Record by Mr. Gardner." Continuing, Manager McLemore read the conclusions. Ms. Mary D. Solik, Esquire, Foley & Lardner LLP, 111 North Orange Avenue, Suite 1800, Orlando, Florida: representing Vertex Development LLC, addressed the City Commission. With a plan from the original submitted package, Commissioner Krebs suggested, "What I am suggesting is that this site be moved into the treeline maybe another 150 or 200 - a little bit further away." Discussion followed on lowering the proposed Cell Tower. Mr. Alan Ruiz, Vertex Development, LLC, 405 South Dale Mabry Highway, #244, Tampa, Florida: spoke on this Agenda Item. Further discussion. Mr. Art Peters, 5422 Northwest 9Ft Boulevard, Gainesville, Florida: addressed the City Commission on sizes of Cell Towers. Discussion. a=:a ~ -=r::; A-. ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 18 OF 26 Ms. Solik stated, "The grey color, we can paint the tower whatever color you like. If you want grey. We can paint it grey. If you want a black fence, we can do a black fence. We will be landscaping around the outside of the fence. The landscaping is intended to grow up to conceal the fence but if you want a black fence, we'll do that." Regarding a possible change in height, Ms. Solik noted, "I put in the Record evidence of four (4) Leases with four (4) separate carriers, two (2) letters of intent, that gets you up to six (6), and then the Verizon [Wireless] letter which is not really a letter of intent but it's a letter of interest, which is their standard corporate policy. Every single slot - available slot on this Tower is spoken for." Discussion. Mayor Bush called a Recess at 7:54 p.m. The Regular Meeting was called back to Order at 8:11 p.m. Ms. Solik stated, "I think I had told you before the break; we'll change the color; we can put a black fence in; we just cannot agree to lower the height because it really does eliminate a couple of carriers." Mayor Bush asked Ms. Solik, "If the Country Club owner was in agreement to moving it the 100 feet (100')", as has been suggested by Commissioner Krebs?" Ms. Solik said, "This is moving it 100 feet (100')", down the driving range." Commissioner Krebs noted, "It's in the treeline." Ms. Solik stated, "So, we're moving it northeast..." Commissioner Gilmore remarked, "...Towards the clubhouse." Ms. Solik added, "My client is willing to explore that." Mr. Mike Gardner, General Manager, Tuscawilla Country Club, 1500 Winter Springs Boulevard, Winter Springs, Florida: remarked, "I don't foresee a problem with this, moving it a 100 feet (100'), but - something of this nature I still need the final approval from the ownership." Further discussion. Tape 2/Side B Discussion. a=::a rs == ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 19 OF 26 Commissioner Brown said to Mr. Gardner, "The opposition to the height has been seconded only by the opposition to continue residential development in the Country Club proper. With the approval of the Cell Tower if that happens, would the Country Club be willing as part of the renegotiation or the modification of the Settlement Agreement to look at a conservation..." Mr. Gardner noted, ". ..Absolutely..." Commissioner Brown continued, "...Overlay." Mr. Gardner then said, "That's one of our major plans when moving forward with the development is to transmit development rights and put a Conservation Easement on that large tract of land which has currently has conceptual plan for development." The proposed leases were further discussed with Commissioner Krebs saying, "You had made comment that you - have four (4) -leases." Ms. Solik stated, "T-Mobile, metroPCS [Inc.], Clearwire [US LLC] - three (3) leases, I'm sorry. Sprint, three (3) letters of intent; Sprint is taking two (2) heights; and Verizon [Wireless]." Restating, Ms. Solik commented, "T-Mobile, metroPCS [Inc.], Clearwire [US LLC]..." Commissioner Krebs said, ".. . Are the only three (3) that you have commitments for, right?" Ms. Solik explained, "We have letters of intent from Sprint for two (2) slots." Commissioner Krebs said, "T-Mobile, Clearwire [US LLC], and metro[PCS Inc.] have made commitments..." Ms. Solik noted, "... Have signed leases." Ms. Solik noted that "Verizon's [Wireless] corporate policy is they won't sign a letter of intent and they won't sign a lease prior to Zoning approval, if they are not the anchor tenant on the Tower - but they have expressed interest." Furthermore, Ms. Solik explained, "We submitted in our original application package which is part of your - the Record, the applications those companies have filed with Vertex, to secure a slot on the pole." Commissioner Krebs noted, "We didn't get copies in our packet." Ms. Solik stated, "You didn't. I put a complete package - copy of the Application in the Record at the first Hearing, and I have referenced that a couple of times - that - we have communications and interest from every licensed carrier in the marketplace. " Mr. Ruiz explained further, "Going down the line, we have a signed lease from T-Mobi1e. We have a letter of interest from Verizon [Wireless], Sprint and Nextel has submitted a letter of intent as well, and they are - taking up two (2) slots." Continuing, Mr. Ruiz noted, "Then we have metroPCS [Inc.] who has a signed lease; Cingular [Wireless] who has testified before you that they need the Tower and they've also submitted propagation maps; and then metroPCS [Inc.] has a signed lease as well. So those are all the licensed carriers. They either have signed leases - they have all submitted Applications and the ones that don't have signed leases have letters of intent or letter of interest." ~ ~ ~~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 20 OF 26 Attorney Garganese said "You said metroPCS [Inc.] twice." Mr. Ruiz remarked, "Clearwire [US LLC] - as Mr. Garganese pointed out I said metro[PCS Inc.] twice; and it's metro[PCS Inc.] once, and Clearwire [US LLC] once. So the signed leases once again are T-Mobile, metro[PCS Inc.], and Clearwire [US LLC]." Attorney Garganese then said, "If you receive zoning approval, how long do you think it would take for Verizon [Wireless], Sprint, and Cingular [Wireless] to notify whether or not you have firm commitments on that Tower? Tomorrow?" Mr. Ruiz responded, "Yes - very quickly." Discussion followed on possible changes in carriers if the proposed Cell Tower were approved at a shorter height. Commissioner Brown asked, "This Tower at 150 feet (150') is speculative except for one (1) major carrier who is signed up. The other two (2) players are not major players in the market. So, do we have a guarantee that these guys are coming on board?" Ms. Solik responded, "Yes - we would submit to a condition that we have three (3) carriers, three (3) major carriers in three (3) months. You will have them before then." Mr. Ruiz added, "I would say that we definitely have two (2) major carriers with T- Mobile and metroPCS [Inc.] signed up." Furthermore, Ms. Solik noted, "Signed tenant leases within ninety (90) days." Attorney Garganese remarked, "And if you don't, does that mean you would have a lower tower?" Ms. Solik said, "No." With further discussion, Mr. Ruiz stated, "I have a lease rate negotiated with Verizon [Wireless]. I have all the terms of the contract completely negotiated, the height on the Tower they want to go on, I mean everything has been done. They are just absolutely waiting to go on. And I can say the same for every other tenant." Commissioner Krebs asked, "Cingular [Wireless] - you have one - AT&T." Mr. Ruiz responded, "Yes, I have spoken with Mr. Bruce Cook recently and we have everything worked out - Cingular [Wireless] has said they want to go on it." "I AM WILLING TO MAKE A MOTION THAT WE GO WITH ITEM 3. AT A HEIGHT OF LESS THAN 150 FEET (150'), AND SO I SUGGEST 130 FEET (130')." MOTION BY COMMISSIONER KREBS. MAYOR BUSH ASKED, "DOES THAT INCLUDE THE MOVING AT THE 100 FEET (100')?" COMMISSIONER KREBS STATED, "YES - AND ALL THE OTHER ISSUES THAT WE SPOKE OF WHICH WOULD BE THE POLE WRAPPED AND - THEN REMAINDER NEUTRAL GREY, BLACK FENCING, AND CONTINGENT UPON THE AMENDMENT BETWEEN THE COUNTRY CLUB AND THE CITY'S SETTLEMENT AGREEMENT." MOTION DIED FOR LACK OF A SECOND. .:::a ~ c:::> ~: ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 21 OF 26 "I AM PREPARED TO - MAKE A MOTION THAT WE APPROVE THE SECOND OPTION, APPROVE THE PROPOSAL HEIGHT OF A 150 FEET (150'), BASED ON THE FOLLOWING CONDITIONS; WITH THE PROVISO THAT IT WOULD BE POSSIBLY MOVED BACK 100 FEET (100'), IF THE COUNTRY CLUB AGREES TO THAT." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. DEPUTY MAYOR McGINNIS REMARKED, "I SAID WITH THE - ALL THE FOLLOWING LISTED CONDITIONS - THAT WOULD BE THE LANDSCAPE TREATMENT - GROUND INSTALLATION OF FACILITIES SATISFACTORY TO THE CITY; SOUND ATTENUATION OF GROUND EQUIPMENT TO THE SATISFACTION OF THE CITY; AMENDING THE COUNTRY CLUB'S CURRENT DEVELOPMENT ENTITLEMENTS TO INCREASE ADDITIONAL CONSERVATION AREAS ON GOLF COURSE PROPERTY THROUGH THE REDUCTION AND/OR TRANSFER OF CURRENT DEVELOPMENT ENTITLEMENTS." ADDITIONALLY, DEPUTY MAYOR McGINNIS NOTED, "IN ADDITION TO THAT WOULD BE THE PROPOSED SETBACK PROVIDED THAT THAT HAS THE APPROVAL OF THE BIG GUYS AT THE COUNTRY CLUB." DEPUTY MAYOR McGINNIS ADDED, "THAT IS MY MOTION." "I WOULD LIKE TO JUST AMEND THAT COMMISSONER McGINNIS. YOU STATED THE POSSIBLE MOVEMENT. I THINK THAT NEEDS TO BE A REQUIREMENT; THAT THAT GETS MOVED 100 FEET (100')." COMMISSIONER BROWN ADDED, "I THINK THEY HAVE TO MOVE THAT INTO THE TREELINE THE WAY COMMISSIONER KREBS SUGGESTED." AMENDMENT TO THE MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. DEPUTY MAYOR McGINNIS SAID TO COMMISSIONER BROWN, "ARE YOU SAYING THEN THAT IF THE BIG GUYS AT THE COUNTRY CLUB SAY 'NO', THAT'S NOT AN OPTION, THEN THIS WHOLE THING WOULD NOT BE..." COMMISSIONER BROWN STATED, "...YES." MAYOR BUSH ADDED, "THAT IS CORRECT." COMMISSIONER KREBS SAID ABOUT THE MOTION, "I WANTED THAT TO INCLUDE THE BLACK FENCING." a=:a ~ c:::> ~: ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 22 OF 26 DEPUTY MAYOR McGINNIS REITERATED, "THESE ARE THE CONDITIONS - LANDSCAPE TREATMENT OF GROUND INSTALLATION AND FACILITIES SATISFACTORY TO THE CITY; SOUND ATTENUATION OF GROUND EQUIPMENT TO THE SATISFACTION OF THE CITY; AMENDING THE COUNTRY CLUB'S CURRENT DEVELOPMENT ENTITLEMENTS TO INCREASE ADDITIONAL CONSERVATION AREAS ON GOLF COURSE PROPERTY THROUGH THE REDUCTION AND/OR TRANSFER OF CURRENT DEVELOPMENT ENTITLEMENTS - AND THEN WHAT YOU READ BEFORE." COMMISSIONER KREBS COMMENTED, "I ALSO HAD THE NEUTRAL GREY WHICH WAS RECOMMENDED BY - THE WRAP ACTUALLY THAT WAS RECOMMENDED BY RANDY (STEVENSON) AND THE NEUTRAL GREY BY ART (PETERS) AND CONTINGENT UPON THE AMENDMENT BETWEEN THE COUNTRY CLUB AND THE CITY'S SETTLEMENT AGREEMENT. THAT HAS TO BE IN THERE." MAYOR BUSH SUGGESTED, "THE COLOR OF THE POLE I THINK IN COMMISSIONER McGINNIS' THE SATISFACTION OF THE COMMISSION." ATTORNEY GARGANESE REMARKED, "THERE IS STILL AESTHETIC REVIEW UNDER THE CITY'S AGENDA - THAT IS AGENDA 500.3." MAYOR BUSH NOTED, "SO, WE COULD COVER THIS AESTHETICS THAT COMMISSIONER KREBS IS ASKING FOR - ONE OF THESE OTHER TWO (2) PUBLIC HEARINGS?" MAYOR BUSH ASKED COMMISSIONER KREBS, "IS THAT ACCEPTABLE?" COMMISSIONER KREBS RESPONDED, "YES." MANAGER McLEMORE SAID, "I JUST WANT THE LANGUAGE IN THERE THAT WOULD INCLUDE THE OTHER CONDITIONS LAID OUT IN THE SETTLEMENT AGREEMENT ON PAGE 7; AND ALL OTHER APPLICABLE LAWS AND ORDINANCES." DEPUTY MAYOR McGINNIS SAID, "CORRECT." FURTHER DISCUSSION. MR. GARDNER SAID, "THAT WAS A GREAT VISUAL BY THE WAY, AND BASED ON THAT INFORMATION, I CAN SEE THAT, I AM GOING TO GO AND MAKE THE DECISION THAT IT'S NO PROBLEM FOR THE COUNTRY CLUB TO MOVE IT 100 FEET (100')." .::::a ~ e::x:= ~ ~ ~ VOTE: (ON THE AMENDMENT) COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: NAY COMMISSIONER MILLER: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 23 OF 26 PUBLIC HEARINGS 500.2 Community Development Department [Community Development Department Staff Requests The City Commission Remove This Item From The Table And Review The Agenda Item As Written Originally For The August 13, 2007 City Commission Meeting] Requests The City Commission Review The Vertex Development, LLC Telecommunications Tower Site Plan, On A 70' x 70' Lease Site, At The Tuscawilla Country Club (1500 Winter Springs Boulevard), In The Tuscawilla Planned Unit Development (PUD). 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. Ms. Solik remarked, "We're in agreement with the conditions of Approval; although I have just got to state for the Record my objection to the condition of the Settlement Agreement. All the other conditions of Approval are fine." "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. ,::::a ~ s::::c= p... ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 24 OF 26 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 500.3 Community Development Department [Community Development Department Staff Requests The City Commission Remove This Item From The Table And Review The Agenda Item As Written Originally For The August 13, 2007 City Commission Meeting] Requests The City Commission Review The Vertex Development, LLC Telecommunications Tower Aesthetic Review, For A 150' (One Hundred And Fifty Feet) Tall Monopole In A 50' x 50' Fenced Compound With 10' Landscape Buffer On A 70' x 70' Lease Site, At The Tuscawilla Country Club (1500 Winter Springs Boulevard), In the Tuscawilla Planned Unit Development (PUD). Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Marie Johnson, 1422 Creekside Circle, Winter Springs, Florida: thanked the City Commission for approving this. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion followed on color and camouflage wrap. Tape 3/Side A Further discussion. "I MOVE THAT WE APPROVE THE AESTHETIC REVIEW - NOT USING THE WRAP AS SUGGESTED - THE COLOR USING - THE GROUND COVERING, THE FENCING WOULD BE A DARK COLOR, PREFERABLY CHARCOAL, SOMETHING LIKE THAT - OR BLACK OKAY; AND THEN THE ACTUAL POLE - I HAVE HEARD OUR CONSULTANT SAY ACTUALLY THAT IT DOESN'T MATTER - BEING WHITE - IT'S GOING TO BE UNOBTRUSIVE IN A COUPLE OF WEEKS ANYWAY, SO I WILL NOT INCLUDE THE COLOR OF THE POLE IN THIS - I ACCEPT HIS RECOMMENDATION." ~ @; s:c: A-. ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 25 OF 27 MR. PETERS STATED, "SUBJECT TO RE-READING MY LETTER, I THINK I SAID I WOULD RECOMMEND THAT YOU CONSIDER THEN." DEPUTY MAYOR McGINNIS ADDED, "NEUTRAL GREY." DEPUTY MAYOR McGINNIS THEN STATED, "SO THAT WOULD BE MY MOTION." FURTHERMORE, DEPUTY MAYOR McGINNIS POINTED OUT, "THAT ALL THE ANTENNA AND WIRING ARE CONCEALED WITHIN THE POLE." ATTORNEY GARGANESE EXPLAINED, "JUST SO IT IS CLEAR - ALL THE CONDITIONS THAT YOU IMPOSED UNDER THE 'CONDITIONAL USE' HEARING WOULD APPLY. WHAT I AM HEARING IS THAT MAYBE THERE IS A MODIFICATION TO THAT, THAT THERE WOULD BE A CONCEALED WRAP..." DEPUTY MAYOR McGINNIS SAID, "...CORRECT." CONTINUING, ATTORNEY GARGANESE COMMENTED, "...OR CAMOUFLAGE WRAP; IT WOULD JUST BE A NEUTRAL GREY. FOR THE RECORD, THE APPLICANT SAID HE WOULD PAINT THE POLE ANY COLOR AND WE'RE ALL ASSUMING THAT NEUTRAL GREY IS THE COLOR, BUT MAYBE ONCE THEY GET IT UP, MAYBE IT'S NOT THE BEST COLOR." MAYOR BUSH COMMENTED, "THE QUALITY OF THE PAINT YOU'RE GOING TO USE IS GOING TO STICK?" MS. SOLIK RESPONDED, "IT'LL STICK AND IF - THIS IS A CONDITIONAL USE, IF THE PAINT IS PEELING, YOU SITE THEM FOR VIOLATION OF THE CODE. IT'S ALSO PART OF OUR LEASE AGREEMENT WITH THE COUNTRY CLUB THAT THE TOWER BE MAINTAINED IN GOOD CONDITION, SO THERE IS ANOTHER LEVEL OF ENFORCEMENT THERE." SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. c:a ~ c:> ~ i ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:57 p.m. RESPECTFULLY SUBMITTED: JOAN 1. BROWN, DEPUTYCITYCLERKAND ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: MAYOR JOHN F. BUSH CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 26 OF 26 NOTE: These Minutes were approved at the , 2007 Regular City Commission Meeting. t::::a ~ s:c: ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING AUGUST 27,2007 CALL TO ORDER The Regular Meeting of Monday, August 27,2007 ofthe City Commission was called to Order by Mayor John F. Bush at 5:21 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, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present A moment of silence preceded the Pledge of Allegiance. .:. .:. AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENT A TIONS AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 300. Police Department Certificate Of Appreciation To Mr. Albert Mannino Jr. To Be Presented By Chief Of Police Daniel J. Kerr. Chief of Police Daniel J. Kerr, Police Department presented a Certificate of Appreciation to Mr. Albert Mannino, Jr. for his cooperation with apprehending some suspects. Under Agenda Changes, Mayor Bush said, "The Cell Tower issue - the Applicant had to appear before the County Commission. When she gets here and she's ready to go, we will take that - up where we left off." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 2 OF 26 INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Deputy Mayor Sally McGinnis referenced page 15 and asked if the Dittmer property is going on in a "timely manner." Mr. Steve Richart, Urban Beautification Services Division Manager, Community Development Department stated that on behalf of Mr. Randy Stevenson, A1CP, ASLA, Director, Community Development Department, "I do not have an answer to that." We'd like to bring that back to you next Meeting." Deputy Mayor McGinnis responded by saying, "Okay." INFORMATIONAL 101. Parks And Recreation Department Wishes To Inform The City Commission About The Schedules For The FalllWinter, Winter Springs Special Events. No discussion. INFORMATIONAL 102. Public Works Department Providing The City Commission With Information From Florida's Turnpike Enterprise Regarding The Toll On The Seminole Expressway For Trips Between Winter Springs And Oviedo. Mr. Brian Fields, P.E., Engineer, Public Works Department explained, "We asked for an update formally; and what they did was - gave us the updated traffic counts at the two (2) Toll Plazas." Mr. Fields added, "What their position is that the volume of traffic did not increase very much at the [State Road] 434 Toll Plaza, therefore, no further analysis is required. We would be glad to invite them back here to defend that position if the Commission desires." Commissioner Rick Brown said, "I think we should." Mayor Bush asked, "Do you want to make that a Motion Mr. Brown?" Mayor Bush asked, "Do you want to make that a Motion?" "I SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27,2007 PAGE 3 OF 26 MAYOR BUSH STATED, "THE MOTION WOULD BE TO INVITE THE SEMINOLE EXPRESSWAY PEOPLE - TO COME BACK TO ANSWER MORE CLEARLY." VOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mayor Bush then asked, "Can we have a Motion then for Approval of Informational" Agenda? "SO MOVED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Office Of The City Manager Requesting The City Commission To Accept A Settlement Reached By The New York State Attorney General With The Unum Group And Authorize The City To Execute A Release Of Future Claims Against The Unum Group. No discussion. CONSENT 201. Auditor Selection Committee Requesting That The City Commission Authorize The City Manager To Execute A Three-Year Contract For Audit Services With The Firm Of McDirmit Davis & Company, LLC With A Possibility For Three (3) One-Year Renewals. This Agenda Item was not discussed. -CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 4 OF 26 CONSENT 202. Finance Department And Community Development Department Requesting That The City Commission Authorize The Submittal Of The Certificate To Non-Ad Valorem Assessment Roll, Assessment Summary And FY (Fiscal Year) 2007-2008 Annual Assessment Roll For Tax Year 2007 Relating To The Tuscawilla Lighting And Beautification Assessment Area - Phases I And II To The Seminole County Tax Collector By September 15,2007. Brief discussion. CONSENT 203. Finance Department And Community Development Department Requesting That The City Commission Authorize The Submittal Of The Certificate To Non-Ad Valorem Assessment Roll, Assessment Summary And FY (Fiscal Year) 2007-2008 Annual Assessment Roll For Tax Year 2007 Relating To The Oak Forest Wall And Beautification District To The Seminole County Tax Collector By September 15, 2007. There was no discussion on this Agenda Item. CONSENT 204. Public Works Department Requesting City Commission Authorization To Purchase Twenty (20) Phoenix Sylvestris Robusta Palms From Fish Branch Tree Farm, Inc. For $36,830.00 On The Basis Of The Lowest Price And Sole Provider Of The Preferred Tree Variety. No discussion. CONSENT 205. Office Of The Mayor Requesting The City Commission To Adopt Resolution 2007-37 Recognizing Skip Lazlo For His Thirty (30) Years Of Dedicated Service As An Employee Of The City Of Winter Springs; And Expressing Our Appreciation On Behalf Of The Citizens Of The City Of Winter Springs; And Providing For An Effective Date. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 5 OF 26 CONSENT 206. Office Of The Mayor Requesting The City Commission To Adopt Resolution 2007-38 Recognizing Robert E. Dallas For His Twenty Seven (27) Years Of Dedicated Service As An Employee Of The City Of Winter Springs; And Expressing Our Appreciation On Behalf Of The Citizens Of The City Of Winter Springs; And Providing For An Effective Date. This Agenda Item was not discussed. CONSENT 207. Community Development Department Requesting Approval Of Three (3) Bid Amounts To Provide Rehabilitation Work To Three (3) Houses As Part Of The Florida Housing Finance Corporation's (FHFC) Home Again Program. City Manager Ronald W. McLemore explained this Program. CONSENT 208. Office Of The City Clerk Approval Of The August 13, 2007 City Commission Regular Meeting Minutes. No discussion. CONSENT 209. Office Of The City Clerk Approval Of The August 20, 2007 City Commission Special Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 210. Office Of The Mayor ADD-ON Requesting Approval To Adopt Resolution 2007-39 Opposing An Amendment To The Florida Constitution That Would Force Voters To Decide All Changes To A City Or County's Comprehensive Plan. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 6 OF 26 Mayor Bush stated, "Can we have a Motion then - on the Consent Agenda?" "SO MOYED." MOTION BY COMMISSION BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. YOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS WERE PRESENTED NEXT, AS DOCUMENTED. .:. .:. AWARDS AND PRESENTATIONS Mayor Bush presented Resolution 2007-38 recognizing Robert E. Dallas for his twenty- seven (27) years of dedicated service; and then Resolution 2007-37 to Skip Lazlo for his thirty (30) years of dedicated service. REPORTS REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese spoke for the Record on the Jones v. the City of Winter Springs Appeal; the Highland's Homeowner's Association case; and then the Settlement Agreement between the City and the Roy's case. REPORTS 401. Office Of The City Manager - Ronald W. McLemore No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 7 OF 26 REPORTS 402. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Andrea Lorenzo-Luaces reminded the City Commission about the Workshop this Wednesday, August 29, 2007 at 6:30 p.m. to discuss next week's Town Hall Meetings. Discussion ensued on the set up for the Town Hall Meetings, to which Deputy Mayor McGinnis suggested that public address systems be available for all locations. Mayor Bush recommended there be a table and a podium for the Mayor and Commissioners. REPORTS 403. Commission Seat One - Robert S. Miller Commissioner Robert S. Miller spoke regarding a letter from the City of Casselberry related to a road that cuts into Murphy Road. . Mayor Bush stated, "I think, what we should do is have Ron [McLemore] find out and if we need to go to the Commission Meeting, I could go and make the - request." Manager McLemore said, "I can communicate with the staff all day long but it is the Elected Officials that is going to make the decision. So, Elected Officials need to communicate with their Elected Officials." Mayor Bush said, "So, we need to know when this was on their Agenda." Manager McLemore said, "I will arrange that. I'll find out." With further discussion, Mayor Bush said, "If the Commission has no objection, I will talk to Brian [Fields] and find out what staff member from Casselberry gave you that information and I will personally call each of the Commissioners and the Mayor of Casselberry and let them know our feelings. Is that acceptable to everybody?" Deputy Mayor McGinnis said, "Yes." There were no objections. Manager McLemore said, "We have already sent a Resolution to that affect." Mayor Bush said, "Brian [Fields], can you make sure I know who that is and send me an email?" Mr. Fields acknowledged this request. Next, Commissioner Miller said that the West End Center divider and landscaping needs improvement and asked that the City work with the area businesses on this. Regarding the traffic light in front of the Winn-Dixie store, Commissioner remarked on the lights in this area be timed and we work with Seminole County on this. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 8 OF 26 Lastly, Commissioner Miller commented on beverages and food at Commission Meetings. "I MAKE A MOTION WE ALL PUT AN EQUAL AMOUNT OF MONEY INTO A FUND - AND THEN WE HAVE COFFEE DELIVERED AND PIZZA DELIVERED EACH MONDAY THAT WE HAVE A COMMISSION MEETING." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: NAY MOTION CARRIED. Discussion. "I MAKE A MOTION THAT WE START THE MEETINGS AT 6:30 [P.M.] MAYOR, AND WE HAVE NO DINNER BREAK, BUT WE'LL STILL HAVE THE COFFEE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. DEPUTY MAYOR McGINNIS ASKED, "IS THAT 6:30 [P.M.] TO 11:00 [P.M.] MAYOR?" MAYOR BUSH SAID, "LIKE WE USE TO DO IT." VOTE: COMMISSIONER BROWN : NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: NAY COMMISSIONER KREBS: NAY COMMISSIONER GILMOID;: AYE MOTION DID NOT CARRY. Mayor Bush said, "We stay at 5:15 [p.m.]." Commissioner Miller briefly noted a recent suggestion by Tallahassee Legislators. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 9 OF 26 REPORTS 404. Commission Seat Two - Rick Brown Commissioner Brown commented on his "Coffee with the Citizens" at Barnie's Coffee and Tea Company. Next, Commissioner Brown commented on Animal Control problems in some subdivisions. Attorney Garganese stated, "The City adopted Seminole County's Ordinance by Reference and Section - entitled "Urinating and Defecating" prohibits that type of behavior. Commissioner Brown asked, "What is the penalty rate for that?" Captain Glenn Tolleson, Police Department said, "It has actually gone up. It is now fifty ($50.00) dollars. " Brief discussion followed on Homeowner's Associations and the Code. REPORTS 405. Commission Seat Three - Donald A. Gilmore Commissioner Donald A. Gilmore spoke of missing light globes at the corner of Tuskawilla Road and State Road 434. Manager McLemore said, "They have been ordered. I don't know why they have not arrived, but they have been ordered through the County." Continuing, Commissioner Gilmore also commented on the chain link fence on Northern Way. REPORTS 406. Commission Seat Four/Deputy Mayor - Sally McGinnis Deputy Mayor McGinnis commented on moving ahead with red light cameras. Discussion. Tape 1/Side B Chief Kerr said, "It is on the Agenda for next Meeting." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 10 OF 26 REPORTS 407. Commission Seat Five - Joanne M. Krebs Commissioner Joanne M. Krebs gave some booklets from Florida Green Industries to the City Clerk. Next, Commissioner Krebs commented on gushing irrigation along Tuskawilla Road near the Oak Forest Drive entrance. Mr. Richart said, "Normally, if anybody sees anything, go ahead and give me a call and I can pass that on." Commissioner Krebs said, "As far as the money fund for the pizza - I will volunteer to come up with some places to order from and maybe we can alternate it." Mayor Bush added, "To pick it up?" Commissioner Krebs added, "I will take care of it." Commissioner Krebs then said, "Not the coffee." Discussion ensued on the parking issue. "I AM MAKING A MOTION TO BRING THIS BACK AS AN ITEM AND RECONSIDER OR RECONSIDER SOMETHING UNDER DISCUSSION. COULD WE DO THAT?" MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CAPTAIN TOLLESON SAID, "WE GAVE A PRESENTATION - ABOUT THE BLIGHT THAT WAS CAUSED BY PARKING IN YARDS, AND THE COMMISSION GA VEGUIDANCE THAT WE WERE GOING TO AMEND 12- 65. WHICH WOULD ADD THE FRONT SIDE YARDS BUT WAS VOTED THAT EVENING, NOT TO ADDRESS ON-STREET PARKING; BUT WE DID TALK ABOUT IT. SO WOULD YOU LIKE ME TO JUST BRING BACK THE PARKING STREET ISSUE?" COMMISSIONER KREBS SAID, "I THINK IF YOU TALK TO THE CITY MANAGER HE CAN HELP DIRECT YOU ON THAT." CAPTAIN TOLLESON SAID, "THERE WERE SEVERAL OPTIONS THAT WERE A V AILABLE AND I CAN WORK WITH HIM AND BRING SOMETHING BACK." MAYOR BUSH REITERATED, "THE MOTION IS TO BRING IT BACK BEFORE THE COMMISSION ON PARKING ON THE STREET." COMMISSIONER KREBS SAID, "RIGHT." FURTHER DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE II OF 26 COMMISSIONER GILMORE COMMENTED "WHEN YOU BRING THIS BACK, I WOULD LIKE TO BRING BACK SOMETHING - A DISCUSSION ITEM RELATIVE TO WHEN PEOPLE ARE HA VING A PARTY AT THEIR NEIGHBORHOOD, AT THEIR HOUSE. THEY COULD HAVE TEN (10) CARS AND IF THEY CAN'T PUT THOSE TEN (10) CARS IN THEIR DRIVEWAY, THEY HA VE TO SEND EVERYBODY HOME BY OUR PRESENT LAWS AND I THINK THAT WE NEED TO HAVE SOME MEANS OF PROVIDING PEOPLE WITH SOME KIND OF PERMISSION." CAPTAIN TOLLESON REMARKED, "I WILL INCLUDE THAT IN THE AGENDA." "MY AMENDMENT IS THAT WE HAVE A SPECIAL WORKSHOP ON 'ON- STREET PARKING'." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER KREBS: AYE COMMISSIONER BROWN : NAY COMMISSIONER MILLER: NAY DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER BROWN: AYE COMMISSIONER MILLER: NAY DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Regarding setting a date for this Workshop, it was suggested by Mayor Bush, "Sometime after October 1 st [2007]?" Deputy Mayor McGinnis said, "Okay." Commissioner Krebs said, "That's fine." Mayor Bush recommended, "October the 2nd, what time for the Workshop?" Commissioner Krebs said, "6:30 [p.m.]." Mayor Bush reiterated, "6:30 [p.m..], October the 2nd, [2007], Workshop on 'On-Street Parking'." Commissioner Brown said, "Do you perhaps want to make this a Special Meeting so we can actually Vote on it?" Commissioner Krebs said, "I think that is a good idea." Mayor Bush said, "Let's have a Motion to make this a Special Meeting." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 12 OF 26 "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REPORTS 408. Office Of The Mayor - John F. Bush Mayor Bush mentioned that he would be discussing SeminoleWay at the Seminole County Board of County Commissioners Meeting tomorrow and asked the City Commission to attend. Next, Mayor Bush noted someone running the stop sign at Winter Springs Boulevard and Tuskawilla Road and asked about the planned striping. Mr. Fields stated, "As soon as we can, that striping is going to be installed - probably within two (2) weeks." Commissioner Gilmore suggested that the City Manager take care of having someone spray paint the striping in the interim. Mayor Bush noted a seminar he attended earlier today which encouraged people to walk and ride bicycles and possibly closing some road lanes. Discussion ensued regarding the pedestrian bridge over State Road 434. "I MAKE A MOTION TO GO TO THE COUNTY AND ASK THEM FOR THE SAME TREATMENT THAT LAKE MARY GOT..." DEPUTY MAYOR McGINNIS NOTED, "...OVERPASS - A BRIDGE OVER THE ROAD." MAYOR BUSH ADDED, "OVER STATE ROAD 434." COMMISSIONER KREBS THEN REMARKED, "PEDESTRIAN BRIDGE." MOTION BY COMMISSIONER KREBS. 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 - AUGUST 27,2007 PAGE 13 OF 26 Mayor Bush asked, "Mr. McLemore, you will help me write that letter?" Manager McLemore said, "As I understand it, you want a pedestrian overpass?" Deputy Mayor McGinnis said, "Yes." Manager McLemore asked, "Do we know where we want it? Do you want us to do some analysis on that and come back with some suggestions?" Mayor Bush said, "Yes. I think that would be a good idea." Deputy Mayor McGinnis said, "Yes." Commissioner Krebs said, "Yes." PUBLIC INPUT Mr. Jeffrey Morris, 725 Seneca Meadows Road, Winter Springs, Florida: briefly commented on parking. Mr. Connie Crawley, 206 El Camino Real Circle, Winter Springs, Florida: commented on Mr. BrowrI's Coffee with Citizens and spoke highly of previous Police and Fire Departments' emergency responses. Mr. Tony Morasco, 1311 Deer Run Drive, Winter Springs, Florida: asked if billboards could be removed. Attorney Garganese said, "There are several billboards that are currently in Winter Springs. They are all grandfathered in. There are no new billboards that are allowed by Ordinance which the Commission adopted several years ago. Some of those billboards, especially on the Scrimscher property, they will go away when that property gets developed pursuant to a contractual agreement between the City and that property OwrIer. Other billboards will only go away through attrition. If they are destroyed and then cannot be rebuilt as a non-conforming structure. And, as you know, the State passed some laws in the last couple of years that make it very expensive for municipalities to compel the removal of billboards." Mayor Bush suggested removing the name "Winter Springs" from the sign at the Winter Springs Golf Course. Discussion ensued on the signage at Winter Springs Golf Course. Mr. Jeff McCall, Firefighter, Fire Department: commented about the Muscular Dystrophy Labor Day Boot Drive on Friday, Saturday, and Sunday. Mayor Bush called a Recess at 6:34 p.m. The Regular Meeting reconvened at 6:54 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 14 OF 26 .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, AS DOCUMENTED. .:. .:. REGULAR AGENDA REGULAR 600. Community Development Department Requests That The Commission Consider And Provide Direction Regarding The Existing Fence Height Limitations Set Forth Within Section 6-190. Of The City Code. Mr'. Richart presented this Agenda Item and displayed a slide presentation on fences. Discussion. Attorney Garganese returned to the Commission Chambers at 6:59 p.m. Further discussion. Tape 2/Side A Commissioner Brown suggested, "I am wondering if we shouldn't bring this back at another time and notify that community that it is going to be on the Agenda, or have a Special Meeting and notify that community." Mayor Bush mentioned, "The second Monday in November is Veteran's Day..." Commissioner Krebs noted, "...We'll have to change our Meeting..." Mayor Bush agreed and said, "... Change our Commission Meeting." Deputy Mayor McGinnis suggested, "We could just not have one." With discussion on a date for this discussion on fences, Commissioner Krebs and Commissioner Brown recommended, "November 13" [2007]. Mayor Bush stated, "6:30 - Special Meeting concerning fencing in the Ranchlands." Mayor Bush added, "And - we'll notify the citizens of the Ranchlands of this Meeting so they will have an opportunity. " Commissioner Gilmore suggested that "I think if we're going to hold this Special Meeting, we should have somebody that is an expert in fences, Architect, or what have you; have slides of acceptable types of fences so that we're not going to sit here and design fences." Commissioner Krebs added, "Front lots." Mayor Bush said to Mr. Richart, "I think Commissioner Gilmore's suggestion is a good one, so you can find somebody who is an expert on fences." Deputy Mayor McGinnis said, "Give us some options." Mayor Bush added, "A Consultant on fencing." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 15 OF 26 REGULAR 601. Office Of The City Manager Requests A Combined Supplemental Appropriation From The General Fund In The Amount Of $229,566.00 In Order To Complete The 2007 Directives And Accommodate Current Expenditure Projections. Ms. Michelle Greco, Director, Finance Department introduced this Agenda Item. Discussion. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. REGULAR 602. Office Of The City Clerk Requests The City Commission's Direction Regarding The Upcoming Performance For The City Clerk, As Requested By The City Commission At A Previous Meeting. Discussion. Commissioner Miller suggested, "I would like to see like a one (1) page, this is what has been done in the past year, and maybe one (1) page, this is what 1 intend to do in the next year. " "I THINK EACH OF US SHOULD SPEND TIME WITH THE CLERK MAYBE AND VERIFY - MAYBE IN A CONVERSATION SO THAT WE ARE CONVINCED THAT WE KNOW HAS BEEN GOING ON, IF WE ARE NOT ALWAYS FOLLOWING IT. I THINK IT OUGHT TO BE DOWN TO TWO (2) PAGES. ONE (1) PAGE, THIS IS WHAT I HAVE DONE - WHAT I AND MY STAFF HAVE DONE - ONE (1) PAGE, THIS IS WHAT WE WANT TO DO. SO, I MAKE IT IN A MOTION." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE I60F26 MANAGER McLEMORE SUGGESTED, "JUST FOR THOUGHT, IF YOU USE THE FORMA T I USE FOR THE DEPARTMENT HEADS, IT'S VERY SHORT BUT IT WOULD GIVE THE CLERK A LITTLE MORE FREEDOM TO SAY SOME THINGS." DEPUTY MAYOR McGINNIS SAID, "THAT'S GOOD." MANAGER McLEMORE ADDED, "IT'S FIVE (5) PAGES). DEPUTY MAYOR McGINNIS ADDED, "THAT IS FINE. I AM COMFORTABLE WITH THAT." COMMISSIONER MILLER ADDED, "I WILL LEAVE IT UP TO THE CLERK. IF SHE WANTS TO USE THE CITY FORM. THAT IS FINE." "I WOULD LIKE TO OFFER AN AMENDMENT THAT IT WOULD BE UP TO THE DISCRETION OF THE CITY CLERK WHETHER SHE CHOOSES TO USE THE CITY FORM AS AN OPTION TO THE TWO (2) PAGES." AMENDMENT TO THE MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY CLERK LORENZO-LUACES STATED, "AND THIS WOULD BE TO BRING BACK BY THE 27TH..." COMMISSIONER MILLER NOTED, "...OF SEPTEMBER - WHATEVER YOUR ANNIVERSARY DATE." VOTE: (ON THE AMENDMENT) COMMISSIONER KREBS: NAY COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: NAY COMMISSIONER GILMORE: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED NEXT, AS DOCUMENTED. .:..:. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27,2007 PAGE 170F26 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500.1 Community Development Department [Community Development Department Staff Requests The City Commission Remove This Item From The Table And Review The Agenda Item As Presented On August 13, 2007 And August 20, 2007] Requests The City Commission Review Vertex Development, LLC's Request For A Conditional Use To Allow A Telecommunications Tower, On A 70' x 70' Lease Site, At The Tuscawilla Country Club (1500 Winter Springs Boulevard), In The Tuscawilla Planned Unit Development (PUD). Manager McLemore advised the City Commission that he had put information in the Record and stated they were the "Key issues being the Florida Power and Light alternative; the Land Use Settlement Agreement; the service deficiencies; proposed coverage capacity; the lower - Tower technology; Tier One, Tier Two alternative sites; visual aesthetics; property values; stealth design alternatives; noise; and transfer of development rights which was entered into the Record by Mr. Gardner." Continuing, Manager McLemore read the conclusions. Ms. Mary D. Solik, Esquire, Foley & Lardner LLP, 111 North Orange Avenue, Suite 1800, Orlando, Florida: representing Vertex Development LLC, addressed the City Commission. With a plan from the original submitted package, Commissioner Krebs suggested, "What I am suggesting is that this site be moved into the treeline maybe another 150 or 200 - a little bit further away." Discussion followed on lowering the proposed Cell Tower. Mr. Alan Ruiz, Vertex Development, LLe, 405 South Dale Mabry Highway, #244, Tampa, Florida: spoke on this Agenda Item. Further discussion. Mr. Art Peters, 5422 Northwest 9Ft Boulevard, Gainesville, Florida: addressed the City Commission on sizes of Cell Towers. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 18 OF 26 Ms. Solik stated, "The grey color, we can paint the tower whatever color you like. If you want grey. We can paint it grey. If you want a black fence, we can do a black fence. We will be landscaping around the outside of the fence. The landscaping is intended to grow up to conceal the fence but if you want a black fence, we'll do that." Regarding a possible change in height, Ms. Solik noted, "I put in the Record evidence of four (4) Leases with four (4) separate carriers, two (2) letters of intent, that gets you up to six (6), and then the Verizon [Wireless] letter which is not really a letter of intent but it's a letter of interest, which is their standard corporate policy. Every single slot - available slot on this Tower is spoken for." Discussion. Mayor Bush called a Recess at 7:54 p.m. The Regular Meeting was called back to Order at 8: 11 p. m. Ms. Solik stated, "I think I had told you before the break; we'll change the color; we can put a black fence in; we just cannot agree to lower the height because it really does eliminate a couple of carriers." Mayor Bush asked Ms. Solik, "If the Country Club owner was in agreement to moving it the 100 feet (100')", as has been suggested by Commissioner Krebs?" Ms. Solik said, "This is moving it 100 feet (100')", down the driving range." Commissioner Krebs noted, "It's in the treeline." Ms. Solik stated, "So, we're moving it northeast..." Commissioner Gilmore remarked, "... Towards the clubhouse." Ms. Solik added, "My client is willing to explore that." Mr. Mike Gardner, General Manager, Tuscawilla Country Club, 1500 Winter Springs Boulevard, Winter Springs, Florida: remarked, "I don't foresee a problem with this, moving it a 100 feet (100'), but - something of this nature I still need the final approval from the ownership." Further discussion. Tape 2/Side B Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 19 OF 26 Commissioner Brown said to Mr. Gardner, "The opposition to the height has been seconded only by the opposition to continue residential development in the Country Club proper. With the approval of the Cell Tower if that happens, would the Country Club be willing as part of the renegotiation or the modification of the Settlement Agreement to look at a conservation..." Mr. Gardner noted, ".. . Absolutely ..." Commissioner Brown continued, "...Overlay." Mr. Gardner then said, "That's one of our major plans when moving forward with the development is to transmit development rights and put a Conservation Easement on that large tract of land which has currently has conceptual plan for development." The proposed leases were further discussed with Commissioner Krebs saying, "You had made comment that you - have four (4) -leases." Ms. Solik stated, "T-Mobile, metroPCS [Inc.], Clearwire [US LLC] - three (3) leases, I'm sorry. Sprint, three (3) letters of intent; Sprint is taking two (2) heights; and Verizon [Wireless]." Restating, Ms. Solik commented, "T-Mobile, metroPCS [Inc.], Clearwire [US LLC]..." Commissioner Krebs said, ".. . Are the only three (3) that you have commitments for, right?" Ms. Solik explained, "We have letters of intent from Sprint for two (2) slots." Commissioner Krebs said, "T-Mobile, Clearwire [US LLC], and metro[PCS Inc.] have made commitments..." Ms. Solik noted, "... Have signed leases." Ms. Solik noted that "Verizon's [Wireless] corporate policy is they won't sign a letter of intent and they won't sign a lease prior to Zoning approval, if they are not the anchor tenant on the Tower - but they have expressed interest." Furthermore, Ms. Solik explained, "We submitted in our original application package which is part of your - the Record, the applications those companies have filed with Vertex, to secure a slot on the pole." Commissioner Krebs noted, "We didn't get copies in our packet." Ms. Solik stated, "You didn't. I put a complete package - copy of the Application in the Record at the first Hearing, and I have referenced that a couple of times - that - we have communications and interest from every licensed carrier in the marketplace." Mr. Ruiz explained further, "Going down the line, we have a signed lease from T-Mobile. We have a letter of interest from Verizon [Wireless], Sprint and Nextel has submitted a letter of intent as well, and they are - taking up two (2) slots." Continuing, Mr. Ruiz noted, "Then we have metroPCS [Inc.] who has a signed lease; Cingular [Wireless] who has testified before you that they need the Tower and they've also submitted propagation maps; and then metroPCS [Inc.] has a signed lease as well. So those are all the licensed carriers. They either have signed leases - they have all submitted Applications and the ones that don't have signed leases have letters of intent or letter of interest." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 20 OF 26 Attorney Garganese said "You said metroPCS [Inc.] twice." Mr. Ruiz remarked, "Clearwire [US LLC] - as Mr. Garganese pointed out I said metro[PCS Inc.] twice; and it's metro[PCS Inc.] once, and Clearwire [US LLC] once. So the signed leases once again are T-Mobile, metro[PCS Inc.], and Clearwire [US LLC]." Attorney Garganese then said, "If you receive zoning approval, how long do you think it would take for Verizon [Wireless], Sprint, and Cingular [Wireless] to notify whether or not you have firm commitments on that Tower? Tomorrow?" Mr. Ruiz responded, "Yes - very quickly." Discussion followed on possible changes in carriers if the proposed Cell Tower were approved at a shorter height. Commissioner Brown asked, "This Tower at 150 feet (150') is speculative except for one (1) major carrier who is signed up. The other two (2) players are not major players in the market. So, do we have a guarantee that these guys are coming on board?" Ms. Solik responded, "Yes - we would submit to a condition that we have three (3) carriers, three (3) major carriers in three (3) months. You will have them before then." Mr. Ruiz added, "I would say that we definitely have two (2) major carriers with T- Mobile and metroPCS [Inc.] signed up." Furthermore, Ms. Solik noted, "Signed tenant leases within ninety (90) days." Attorney Garganese remarked, "And if you don't, does that mean you would have a lower tower?" Ms. Solik said, "No." With further discussion, Mr. Ruiz stated, "I have a lease rate negotiated with Verizon [Wireless]. I have all the terms of the contract completely negotiated, the height on the Tower they want to go on, I mean everything has been done. They are just absolutely waiting to go on. And I can say the same for every other tenant." Commissioner Krebs asked, "Cingular [Wireless] - you have one - AT&T." Mr. Ruiz responded, "Yes, I have spoken with Mr. Bruce Cook recently and we have everything worked out - Cingular [Wireless] has said they want to go on it." "I AM WILLING TO MAKE A MOTION THAT WE GO WITH ITEM 3. AT A HEIGHT OF LESS THAN 150 FEET (150'), AND SO I SUGGEST 130 FEET (130')." MOTION BY COMMISSIONER KREBS. MAYOR BUSH ASKED, "DOES THAT INCLUDE THE MOVING AT THE 100 FEET (100')?'' COMMISSIONER KREBS STATED, "YES - AND ALL THE OTHER ISSUES THAT WE SPOKE OF WHICH WOULD BE THE POLE WRAPPED AND - THEN REMAINDER NEUTRAL GREY, BLACK FENCING, AND CONTINGENT UPON THE AMENDMENT BETWEEN THE COUNTRY CLUB AND THE CITY'S SETTLEMENT AGREEMENT." MOTION DIED FOR LACK OF A SECOND. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 21 OF 26 "I AM PREPARED TO - MAKE A MOTION THAT WE APPROVE THE SECOND OPTION, APPROVE THE PROPOSAL HEIGHT OF A 150 FEET (150'), BASED ON THE FOLLOWING CONDITIONS; WITH THE PROVISO THAT IT WOULD BE POSSIBLY MOVED BACK 100 FEET (100'), IF THE COUNTRY CLUB AGREES TO THAT." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. DEPUTY MAYOR McGINNIS REMARKED, "I SAID WITH THE - ALL THE FOLLOWING LISTED CONDITIONS - THAT WOULD BE THE LANDSCAPE TREATMENT - GROUND INSTALLATION OF FACILITIES SATISFACTORY TO THE CITY; SOUND ATTENUATION OF GROUND EQUIPMENT TO THE SATISFACTION OF THE CITY; AMENDING THE COUNTRY CLUB'S CURRENT DEVELOPMENT ENTITLEMENTS TO INCREASE ADDITIONAL CONSERVATION AREAS ON GOLF COURSE PROPERTY THROUGH THE REDUCTION AND/OR TRANSFER OF CURRENT DEVELOPMENT ENTITLEMENTS." ADDITIONALLY, DEPUTY MAYOR McGINNIS NOTED, "IN ADDITION TO THAT WOULD BE THE PROPOSED SETBACK PROVIDED THAT THAT HAS THE APPROVAL OF THE BIG GUYS AT THE COUNTRY CLUB." DEPUTY MAYOR McGINNIS ADDED, "THAT IS MY MOTION." "I WOULD LIKE TO JUST AMEND THAT COMMISSONER McGINNIS. YOU STATED THE POSSIBLE MOVEMENT. I THINK THAT NEEDS TO BE A REQUIREMENT; THAT THAT GETS MOVED 100 FEET (100')." COMMISSIONER BROWN ADDED, "I THINK THEY HAVE TO MOVE THAT INTO THE TREELINE THE WAY COMMISSIONER KREBS SUGGESTED." AMENDMENT TO THE MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. DEPUTY MAYOR McGINNIS SAID TO COMMISSIONER BROWN, "ARE YOU SAYING THEN THAT IF THE BIG GUYS AT THE COUNTRY CLUB SAY 'NO', THAT'S NOT AN OPTION, THEN THIS WHOLE THING WOULD NOT BE..." COMMISSIONER BROWN STATED, "...YES." MAYOR BUSH ADDED, "THAT IS CORRECT." COMMISSIONER KREBS SAID ABOUT THE MOTION, "I WANTED THAT TO INCLUDE THE BLACK FENCING." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 22 OF 26 DEPUTY MAYOR McGINNIS REITERATED, "THESE ARE THE CONDITIONS - LANDSCAPE TREATMENT OF GROUND INSTALLATION AND FACILITIES SATISFACTORY TO THE CITY; SOUND ATTENUATION OF GROUND EQUIPMENT TO THE SATISFACTION OF THE CITY; AMENDING THE COUNTRY CLUB'S CURRENT DEVELOPMENT ENTITLEMENTS TO INCREASE ADDITIONAL CONSERVATION AREAS ON GOLF COURSE PROPERTY THROUGH THE REDUCTION AND/OR TRANSFER OF CURRENT DEVELOPMENT ENTITLEMENTS - AND THEN WHAT YOU READ BEFORE." COMMISSIONER KREBS COMMENTED, "I ALSO HAD THE NEUTRAL GREY WHICH WAS RECOMMENDED BY - THE WRAP ACTUALLY THAT WAS RECOMMENDED BY RANDY (STEVENSON) AND THE NEUTRAL GREY BY ART (PETERS) AND CONTINGENT UPON THE AMENDMENT BETWEEN THE COUNTRY CLUB AND THE CITY'S SETTLEMENT AGREEMENT. THAT HAS TO BE IN THERE." MAYOR BUSH SUGGESTED, "THE COLOR OF THE POLE I THINK IN COMMISSIONER McGINNIS' THE SATISFACTION OF THE COMMISSION." ATTORNEY GARGANESE REMARKED, "THERE IS STILL AESTHETIC REVIEW UNDER THE CITY'S AGENDA - THAT IS AGENDA 500.3." MAYOR BUSH NOTED, "SO, WE COULD COVER THIS AESTHETICS THAT COMMISSIONER KREBS IS ASKING FOR - ONE OF THESE OTHER TWO (2) PUBLIC HEARINGS?" MAYOR BUSH ASKED COMMISSIONER KREBS, "IS THAT ACCEPTABLE?" COMMISSIONER KREBS RESPONDED, "YES." MANAGER McLEMORE SAID, "I JUST WANT THE LANGUAGE IN THERE THAT WOULD INCLUDE THE OTHER CONDITIONS LAID OUT IN THE SETTLEMENT AGREEMENT ON PAGE 7; AND ALL OTHER APPLICABLE LAWS AND ORDINANCES." DEPUTY MAYOR McGINNIS SAID, "CORRECT." FURTHER DISCUSSION. MR. GARDNER SAID, "THAT WAS A GREAT VISUAL BY THE WAY, AND BASED ON THAT INFORMATION, I CAN SEE THAT, I AM GOING TO GO AND MAKE THE DECISION THAT IT'S NO PROBLEM FOR THE COUNTRY CLUB TO MOVE IT 100 FEET (100')." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 23 OF 26 VOTE: (ON THE AMENDMENT) COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: NAY COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 500.2 Community Development Department [Community Development Department Staff Requests The City Commission Remove This Item From The Table And Review The Agenda Item As Written Originally For The August 13, 2007 City Commission Meeting] Requests The City Commission Review The Vertex Development, LLC Telecommunications Tower Site Plan, On A 70' x 70' Lease Site, At The Tuscawilla Country Club (1500 Winter Springs Boulevard), In The Tuscawilla Planned Unit Development (PUD). 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. Ms. Solik remarked, "We're in agreement with the conditions of Approval; although I have just got to state for the Record my objection to the condition of the Settlement Agreement. All the other conditions of Approval are fine." "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 24 OF 26 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 500.3 Community Development Department [Community Development Department Staff Requests The City Commission Remove This Item From The Table And Review The Agenda Item As Written Originally For The August 13, 2007 City Commission Meeting] Requests The City Commission Review The Vertex Development, LLC Telecommunications Tower Aesthetic Review, For A 150' (One Hundred And Fifty Feet) Tall Monopole In A 50' x 50' Fenced Compound With 10' Landscape Buffer On A 70' x 70' Lease Site, At The Tuscawilla Country Club (1500 Winter Springs Boulevard), In the Tuscawilla Planned Unit Development (PUD). Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Marie Johnson, 1422 Creekside Circle, Winter Springs, Florida: thanked the City Commission for approving this. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion followed on color and camouflage wrap. Tape 3/Side A Further discussion. "I MOVE THAT WE APPROVE THE AESTHETIC REVIEW - NOT USING THE WRAP AS SUGGESTED - THE COLOR USING - THE GROUND COVERING, THE FENCING WOULD BE A DARK COLOR, PREFERABLY CHARCOAL, SOMETHING LIKE THAT - OR BLACK OKAY; AND THEN THE ACTUAL POLE - I HAVE HEARD OUR CONSULTANT SAY ACTUALLY THAT IT DOESN'T MATTER - BEING WHITE - IT'S GOING TO BE UNOBTRUSIVE IN A COUPLE OF WEEKS ANYWAY, SO I WILL NOT INCLUDE THE COLOR OF THE POLE IN THIS - I ACCEPT HIS RECOMMENDATION." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 25 OF 26 MR. PETERS STATED, "SUBJECT TO RE-READING MY LETTER, I THINK I SAID I WOULD RECOMMEND THAT YOU CONSIDER THEN." DEPUTY MAYOR McGINNIS ADDED, "NEUTRAL GREY." DEPUTY MAYOR McGINNIS THEN STATED, "SO THAT WOULD BE MY MOTION." FURTHERMORE, DEPUTY MAYOR McGINNIS POINTED OUT, "THAT ALL THE ANTENNA AND WIRING ARE CONCEALED WITHIN THE POLE." ATTORNEY GARGANESE EXPLAINED, "JUST SO IT IS CLEAR - ALL THE CONDITIONS THAT YOU IMPOSED UNDER THE 'CONDITIONAL USE' HEARING WOULD APPLY. WHAT I AM HEARING IS THAT MAYBE THERE IS A MODIFICATION TO THAT, THAT THERE WOULD BE A CONCEALED WRAP..." DEPUTY MAYOR McGINNIS SAID, "...CORRECT." CONTINUING, ATTORNEY GARGANESE COMMENTED, "...OR CAMOUFLAGE WRAP; IT WOULD JUST BE A NEUTRAL GREY. FOR THE RECORD, THE APPLICANT SAID HE WOULD PAINT THE POLE ANY COLOR AND WE'RE ALL ASSUMING THAT NEUTRAL GREY IS THE COLOR, BUT MAYBE ONCE THEY GET IT UP, MAYBE IT'S NOT THE BEST COLOR." MAYOR BUSH COMMENTED, "THE QUALITY OF THE PAINT YOU'RE GOING TO USE IS GOING TO STICK?" MS. SOLIK RESPONDED, "IT'LL STICK AND IF - THIS IS A CONDITIONAL USE, IF THE PAINT IS PEELING, YOU SITE THEM FOR VIOLATION OF THE CODE. IT'S ALSO PART OF OUR LEASE AGREEMENT WITH THE COUNTRY CLUB THAT THE TOWER BE MAINTAINED IN GOOD CONDITION, SO THERE IS ANOTHER LEVEL OF ENFORCEMENT THERE." SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:57 p.m. RESPECTFULLY SUBMITTED: JOAN 1. BROWN, DEPUTY CITY CLERK AND ~! / A D A LORENZO-LUACES, CMC CITY CLERK APPROVED: ~~,..+ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2007 PAGE 26 OF 26 NOTE: These Minutes were approved at the September 10, 2007 Regular City Commission Meeting.