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HomeMy WebLinkAbout2007 10 08 Consent 209 Approval of the September 24, 2007 Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 24, 2007 CALL TO ORDER The Regular Meeting of Monday, September 24, 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, arrived at 5:16 p.m. Commissioner Rick Brown, present Commissioner Donald A. Gilmore, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, arrived at 5:18 p.m. City Attorney Anthony A. Garganese, arrived at 5: 18 p.m. A moment of silence preceded the Pledge of Allegiance. INFORMA TIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. Commissioner Robert S. Miller arrived at 5:16 p.m. INFORMATIONAL 101. Public Works Department Providing The City Commission With Information Regarding The City's Independent Noise Data Collection On The Seminole Expressway (State Road 417). Discussion ensued with Mr. Brian Fields, P.E., City Engineer, Public Works Department. ~ ~ ~ c=> ~ ~ ~ 'I ~ ~ ;;;,:;. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 2 OF 20 City Manager Ronald W McLemore arrived at 5: 18 p. m. City Attorney Anthony A. Garganese arrived at 5: 18 p. m. With discussion, Commissioner Rick Brown suggested, "1 think we need to have a Workshop." Mayor Bush asked, "Do you think Commission, this would be something we should bring to the attention of our local Legislators?" Deputy Mayor Sally McGinnis remarked, "1 do." Commissioner Brown noted, "Probably after this Workshop." Mr. Fields mentioned that a related issue would be discussed during the October 8th, 2007 Regular Meeting of the City Commission. Mayor Bush stated, "Let them know" that we will ask about this issue. INFORMATIONAL 102. Office Of The City Manager Responding To The City Commission's Request For Information Regarding The New Lake Mary Swimming Pool. With discussion, Manager McLemore said, "We will be updating our costs and all that to try to bring back to you an updated picture of it." Further discussion. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. ~ f'"""lr-' ~ e::::. ~ Q..... Q....a ~ ~ ~ CITY or \VINTER SPRINGS, rLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 3 OF 20 .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE DISCUSSED BUT NOT NECESSARIL Y IN THE ORDER DOCUMENTED. .:. .:. CONSENT AGENDA CONSENT 200. Community Development Department - Urban Beautification Services Division Requesting Authorization To Enter Into A Contract Agreement For Landscape Maintenance Services For Tuskawilla Road And The Oak Forest Wall And Beautification District With REW Custom Landscape, LLC. No discussion. CONSENT 201. Community Development Department - Urban Beautification Services Division Requesting Authorization To Enter Into Contract Agreements For Landscape Maintenance Services For Town Center Trail Park (Blumberg) With Central Florida Landscaping And TruGreen Chemlawn. Brief discussion. CONSENT 202. Public Works Department Requests The City Commission Validate The Staff Recommendation Finding The DK Properties Site To Be Built In Substantial Accordance With The Final Engineering Plans And To Accept The Potable Water Infrastructure For Ownership And Maintenance. There was no discussion on this Agenda Item. CONSENT 203. Not Used. ~ ~ ~ c::::> ~ Cb-G II""" I ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 4 OF 20 CONSENT 204. General Services Department Requests The City Commission Approve Resolution 2007-42 Which Designates The City Manager And The Finance Director As Authorized Representatives To Execute Documentation Required By Fifth Third Bank On Behalf Of The City Of Winter Springs. This Agenda Item was not discussed. CONSENT 205. Office Of The City Clerk Approval Of The September 4, 2007 Town Hall Meeting Minutes. No discussion. CONSENT 206. Office Of The City Clerk Approval Of The September 5, 2007 Town Hall Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 207. Office Of The City Clerk Approval Of The September 6,2007 Town Hall Meeting Minutes. This Agenda Item was not discussed. CONSENT 208. Office Of The City Clerk Approval Of The September 10, 2007 City Commission Regular Meeting Minutes. No discussion. CONSENT 209. Office Of The City Clerk Approval Of The September 11, 2007 City Commission Special Meeting Minutes. There was no discussion on this Agenda Item. i~"'W"~!;itt~ ~t~~2!1!a f)\"'';..:'''''11' ~~"'''J =~ilt ~=~, ~.OWill ~6",,7l.ll fC"'.Jl-,g ~ ~ ~ ~ CITY OF WINTER SPRINGS. FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 5 OF 20 CONSENT 210. Office Of The City Manager And Office Of The City Attorney Requesting The City Commission To Consider Continuing Special Labor And Employment Legal Services With Jeffrey E. Mandel. This Agenda Item was not discussed. CONSENT 211. Public Works Department Requests City Commission Authorization To Approve Resolution 2007-46 And Enter Into A Landscape Construction And Maintenance Agreement With The Florida Department Of Transportation For Landscape And Sidewalk Maintenance Associated With The West End Center Project. Commissioner Miller spoke on this Agenda Item and stated, "Congratulations to Staff and the Commission for bringing that to fruition." CONSENT 212. Community Development Department And Building Division Requests That The Commission Authorize The Extension Of A General Independent Contractor Agreement For Contract Building Inspection Services With Framensons, Inc. Brief discussion. "SO MOYED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. YOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. ~~ ~~ ~~ C:.:- ~ Cl-. r::L..t ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 6 OF 20 AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 300. Office Of The Mayor Presentation To EMS Chief Marc Baumgart Who Has Completed A Four (4) Year Program At The U.S. Fire Administration's National Fire Academy's (NFA) Executive Fire Officer Program From The National Emergency Training Center, U.S. Department of Homeland Security. Mayor Bush and the City Commission presented an Award to EMS Chief Marc Baumgart. Mayor Bush called a Recess at 5:40 p.m. The Regular Meeting was called back at 5:55 p.m. REPORTS REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager - Ronald W. McLemore No Report. REPORTS 402. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC No Report. REPORTS 403. Commission Seat Three - Donald A. Gilmore No Report. fa ~ ~ ~ ~ ~ :---:> CITY OF \VINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 7 OF 20 REPORTS 404. Commission Seat FourlDeputy Mayor - Sally McGinnis Deputy Mayor McGinnis asked to be informed when the Public Works building is vacating their current property. Brief discussion. REPORTS 405. Commission Seat Five - Joanne M. Krebs Commissioner Joanne M. Krebs asked about the permanent Fire Chief position. Manager McLemore said, "I am getting ready to advertise it as soon as you decide this Budget." Discussion. Commissioner Krebs asked why there was only one (1) pool table purchased for the Senior Center. Manager McLemore explained, "Let's buy one, see how it is used and if we need a second one, we will bring it back to you and 1 am confident you will approve it." Discussion. REPORTS 406. Office Of The Mayor - John F. Bush Mayor Bush spoke of the Friday, November 301\ 2007 Leadership Seminole event and stated, "I would like to ask that the Commission approve that we reserve a table at this event." "SO MOVED." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MANAGER McLEMORE STATED, "IF YOU'RE GOING TO APPROVE SIX (6), I WISH YOU COULD APPROVE SEVEN (7), AS I WOULD LIKE TO BE THERE." DEPUTY MAYOR McGINNIS STATED, "I WILL GIVE YOU MY CHAIR." MAYOR BUSH ADDED, "WE'LL MAKE SURE YOU GET A SEAT MR. McLEMORE." ~ ~ ~ ~..=:> ~ ~-i ~ ~ CITY or WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 8 OF 20 VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Bush spoke of flying flags on the State Road 434 pedestrian bridge and said, "I would like to recommend - we ask the Art Department of the High School to submit designs for a flag for the City, and maybe have a prize of some kind, fifty bucks ($50.00) or a hundred bucks ($100.00) to the winner - that they could bring back to the Commission and could approve which flag they wanted." Commissioner Krebs mentioned, "I think we have talked about this before, about maybe that could be some type of a design throughout our City?" Mayor Bush noted, "Yes." Commissioner Krebs added, "That would be a great idea. And we could even have it on our buttons and things like that when we talk about being number 31." "I MAKE A MOTION TO DO WHAT YOU SAID." COMMISSIONER KREBS. MOTION BY MAYOR BUSH THEN STATED, "THE MOTION SHOULD INCLUDE IF WE ARE GOING TO GIVE THEM A PRIZE FOR THE WINNER - FIFTY BUCKS ($50.00), A HUNDRED BUCKS ($100.00)." DEPUTY MAYOR McGINNIS SUGGESTED, "WE AWARD A FIFTY DOLLAR ($50.00) STIPEND IN ADDITION TO THAT, THAT WE FOR A PERIOD OF TIME, WE - OF COURSE GIVE THEM A PLAQUE THAT THEY WERE THE OFFICIAL DESIGNER." COMMISSIONER KREBS CONTINUED WITH HER MOTION SAYING, "FOLLOWING WHAT YOU SAID, THEN MY MOTION WOULD INCLUDE A FIFTY DOLLAR ($50.00) PRIZE FUND AS WELL AS ACKNOWLEDGEMENT OF..." MAYOR BUSH SUGGESTED, "...APPROPRIATE RECOGNITION." SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. MANAGER McLEMORE MENTIONED THE CITY SEAL/LOGO AND ASKED, "ARE YOU GOING TO SUGGEST THAT IT HAS TO BE INCORPORATED INTO THIS OR ARE YOU WILLING TO PUT YOUR LOGO AT STAKE HERE. I WOULD SUGGEST THAT IS A BIGGER ISSUE THAN YOU MAY THINK." ~ ~ ~ .c::> ~ ~ ~ ~~ ~ :=:-:> ClTY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 9 OF 20 MAYOR BUSH REMARKED, "THE FLAG COULD ENCOMPASS THE LOGO." MANAGER McLEMORE THEN SUGGESTED, "SHOULDN'T WE GIVE THE DIRECTION THAT IT SHOULD ENCOMPASS THE LOGO?" MAYOR BUSH STATED, "I THINK IT SHOULD." COMMISSIONER KREBS ADDED, "I THINK THAT IS A GOOD IDEA. I THINK YOU SHOULD INCORPORATE THE LOGO AS WELL INTO THE FLAG." MAYOR BUSH POINTED OUT, "THIS DOES NOT IN ANY WAY CHANGE THE LOGO OF THE CITY OR WON'T RESULT IN THAT AND I THINK WE SHOULD LET THE CONTESTANTS KNOW THAT WE EXPECT THE LOGO TO BE ON THE FLAG." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Mayor Bush then mentioned the Florida League of Cities "Cities of Excellence Awards" and mentioned the Awards Luncheon scheduled for November 9th, 2007 and asked, "Do we want to get a table to be at the Luncheon?" Mayor Bush added, "Can I have a Motion then to approve this?" "SO MOVED." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REPORTS 407. Commission Seat One - Robert S. Miller Commissioner Miller mentioned wanting to go to Tallahassee, Florida when the Legislature is in session. Manager McLemore suggested, "I think I would like to talk to our Lobbyist and discuss it with him, how he can line appointments up for us." ~~ ~1li~ ;:;~ c:::.':) ~ i:~~ Q"",. ~~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 10 OF 20 "I WILL MAKE A MOTION THAT WE CONTACT OUR FEDERAL OFFICIALS; THAT MR. McLEMORE PUTS TOGETHER A PLAN IF HE WANTS TO WITH OUR STATE LOBBYISTS WHICH I WOULD ASSUME THE LEAGUE OF CITIES - WHATEVER LOBBYISTS THAT WE CAN EMPLOY TO DIG UP SOME INFORMATION ON THIS AND THEN AT SOME POINT WE CONSIDER MAKING A TRIP UP THERE IN NOVEMBER OR DECEMBER." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. COMMISSIONER MILLER NOTED, "WE ARE ONLY TALKING ABOUT THE AREA BEHIND THE INDUSTRIAL PARK RIGHT NOW WHICH - GOES THROUGH THE WETLANDS." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REPORTS 408. Commission Seat Two - Rick Brown Commissioner Brown mentioned an email from Ken Small on the Property Tax issue not being on the ballot. Next, Commissioner Brown asked for an update on the Veterans Memorial. Discussion. .:..:. AGENDA NOTE: THE FOLLOWING REPORTS WERE ALSO GIVEN, IN THE ORDER DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:. .:. REPORTS REPORTS 404. Commission Seat FourlDeputy Mayor - Sally McGinnis Deputy Mayor McGinnis mentioned a Tri-County League of Cities Luncheon and an issue of privatizing roads which was discussed at this meeting. ~ ~ ~ .~ ~ CL... ~ ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE II OF20 REPORTS 403. Office Of The City Manager - Ronald W. McLemore Manager McLemore mentioned that Seminole County was trying to get funding from the State for the Trail. PUBLIC INPUT Mr. Bob Rucci, 973 Turkey Hol/ow Circle, Winter Springs, Florida: mentioned an effort to support Pet Rescue by Judy and that a Petition had been started online to have "Extreme Makeover [- Home Edition]" agree to build a new Shelter for 'Pet Rescue by Judy'. Mr. Rucci thought this would be a great opportunity for Seminole County and asked for the City's support. Tape l/Side B Mayor Bush suggested, "I recommend that maybe we do a Resolution in support of this and encourage the other cities and the County to do the same." "SO MOYED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. YOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mayor Bush then said to Mr. Rucci, "You might want to work with the Clerk on the wording of this Resolution so it hits it on the nose." Mr. Rucci responded by saying, "I will do that or 1 will get her in touch with Madeline Jordan." Ms. M Rebecca Furman, Attorney, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola Drive, Orlando, Florida: speaking on behalf of the James Doran Company, Ms. Furman commented on Regular Agenda Item "600" and mentioned some concerns. ~ ~ ~ ~ c.= ~ ~ ~ ~ ;---. CITY or WINTER SPRINGS. FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 12 OF 20 .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. .:. .:. REGULAR AGENDA REGULAR 600. Parks And Recreation Department Requesting The City Commission Approval To Accept The Change Order From A.D. Arnold For Existing Senior Center Remodeling In The Amount Of $42,770.00. Mr. Chuck Pula, Director, Parks and Recreation Department spoke on this Agenda Item. Discussion. "I MOVE THAT WE APPROVE THIS." MOTION BY DEPUTY MAYOR McGINNIS. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER BROWN." DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 601. Utility Department Requesting The City Commission Consider The Request By Tuscawilla Country Club To Extend The Effluent Disposal Easement Agreement. Discussion ensued with Mr. Kip Lockcuff, P.E., Director, Public WorkslUtility Department. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. ~ r;.~ ~~.. ~~. ......., ~ ~ r=l,,1Vltl ~~ ~ ~ ;:-~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 13 OF 20 VOTE: COMMISSIONER KREBS: NAY COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 602. Office Of The City Manager Requests The City Commission Adopt Resolution 2007-45 Establishing Oversized Vehicle Restrictions On Blumberg Boulevard. Manager McLemore began the discussion. Much discussion. Manager McLemore said, "I think that Anthony [Garganese] and 1 want to do some wordsmithing on this from a legal side of the table." Further discussion. "I WANTED TO MAKE A MOTION TO TABLE THIS UNTIL - NEXT MEETING." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. Mayor Bush asked about "School buses". Manager McLemore noted, "We have talked to the School Board and they have agreed - they will not have any school bus traffic on that road." ~ ~ ~'U> ,f~~ ~ ~--~ ~"""1 ,~ i!l>~ ~:;;--g ~ CITY or WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 14 OF 20 REGULAR 603. Office Of The City Clerk Requests The City Commission Consider The Information They Have Received Regarding The Performance Review Due September 27, 2007 For The City Clerk. Discussion. "I MAKE A MOTION THAT WE PROVIDE ANDREA (LORENZO-LUACES) WITH THE CURRENT FOUR PERCENT (4%) INCREASE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 604. Office Of The City Manager ADD-ON Requesting The City Commission To Consider Approval Of A Third Modification Of The Settlement Agreement Between The City And The Tuscawilla Country Club To Facilitate Proposed Development Of Parcel 7, And The Construction Of A 150 Foot Cell Tower And Related Conveyances Of Conservation Lands To The City. Manager McLemore spoke on this Agenda Item. Tape 2/Side A Much discussion. Commissioner Donald A. Gilmore said, "This whole hatched area here you are proposing would go into Conservation?" Mr. Mike Gardner, General Manager, Tuscawilla Country Club, 1500 Winter Springs Boulevard, Winter Springs, Florida: remarked, "Correct." ~ .~ ~ ,c:~~ ""iiJ> Q.",,1(1 1II""'1l:h ~;:Mt:~.l!~ ~"!li -ec~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 15 OF 20 Commissioner Gilmore then asked, "All of it?" Mr. Gardner stated, "Absolutely." Commissioner Gilmore then said, "And the Tower sits here and this tree line here you could take out - is that what 1 hear?" Mr. Gardner stated, "1 don't think it is wide enough. " "I MAKE A MOTION WE TABLE THIS." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2007-43, Which Establishes The Final Operating Millage Rate For Fiscal Year 2007-2008 For The City Of Winter Springs And The Final Voted Debt Service Millage Rate For Fiscal Year 2007-2008 For The City Of Winter Springs. Ms. Michelle Greco, Director, Finance Department presented this Agenda Item for discussion. Manager McLemore said, "On those options, that we did mention the 0.18 of a mil that we need to put back in. Whatever option you're comfortable with and had.18 to it." Discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Jeff McCall, Firefighter, Fire Department: commented on the Fire Department, growth, funding needs, and competitiveness. Mayor Bush closed the "Public Input" portion of the Agenda Item. ~ ~:f~ ~- ~ ~.......... iiiif; ~ ~J! ~,d""" ~ ~~ ;;;~ CITY or WINTER SPRIT\GS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 16 OF 20 Tape 2/Side B "I WOULD LIKE TO MOVE THAT WE ADOPT OPTION 'C'." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. MANAGER McLEMORE ASKED, "DID THAT INCLUDE THE .18?" COMMISSIONER BROWN RESPONDED, "IT DOES." MAYOR BUSH NOTED, "AND OF COURSE THE VOTED MILLAGE WAS .1022 AS WELL. DIDN'T CHANGE THAT AT ALL." MS. GRECO, MENTIONED THAT "IN THE MOTION, YOU ALSO HAVE TO - PUBLICL Y ANNOUNCE THE PERCENT OF ROLLED-BACK." MAYOR BUSH THEN SAID, "DO YOU WANT TO TELL ME WHAT IT IS?" MS. GRECO EXPLAINED, "WITH THAT OPTION IT IS 17.32 PERCENT LESS THAN - THE ROLLED-BACK RATE OF 3.9303 WHICH IS Section 3. OF THE RESOLUTION." MAYOR BUSH SUMMARIZED, "SO THE MOTION WOULD INCLUDE THIS - 17.32 PERCENT LESS THAN THE ROLLED-BACK..." MS. GRECO NOTED, "...OF 3.9303." "SO MOVED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "COMMISSIONER BROWN HAS MOVED THAT AS WELL. SECONDED BY DEPUTY MAYOR McGINNIS." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mayor Bush called a Recess at 7:55 p.m. The Regular Meeting was called back to Order at 8: 19 p. m. PUBLIC HEARINGS 501. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2007-44, Establishing The Final Budget For Fiscal Year 2007-2008. Mayor Bush spoke first on this Agenda Item. ~ ~ ~ t~::i) ~ 1Ii-~ _ ~6'~ ~ ~ ~ t::::;) CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 170F20 Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. In other City business, Commissioner Brown spoke for the Record about earlier comments. Commissioner Brown said to Manager McLemore, "Going back to the James Doran issue, I can certainly have a letter sent out through the Tenant's Association and if you want, just shoot me all email as to what questions you would like answered by them; we can certainly do that." Furthermore, Commissioner Brown remarked, "I was wondering if we couldn't make our position on the Winter Springs Golf Course a little more solid by transferring or looking at the possibility of transferring Easement rights to another, or at least jointly with another governmental body." "I WOULD LIKE TO ASK THAT THE CITY CLERK PROVIDE US WITH A VERBATIM TRANSCRIPT - OF THE ITEM WE DISCUSSED EARLIER." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. ~~ lfi~";.",,, -"'~ ~}X~~ ;;_;ll.~' C::;) ~ ~ ~mII ~-: ~ ;~ CITY or WINTER SPRINGS, rLORIDi'\ MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE I80F20 Discussion followed on removing a Conservation Easement with a supermajority or unanimous vote. Commissioner Miller suggested, "If you do it by Development Agreement that it takes a unanimous vote of the Commission to change it by Development Agreement, if Anthony [Garganese] is comfortable with that." Attorney Garganese stated, "I will be happy to look at that." Discussion. Commissioner Brown commented that "I don't think it was ever our intent and Mr. Gardner referenced this when he spoke, I don't think it was ever our intent to handcuff the [Tuscawilla] Country Club to the point where they couldn't maintain and continue to develop their business as a Golf Course. I think the Conservation Easement and anybody can correct me if I am wrong, I think the intent of the Conservation Easement we were discussing that night was to prohibit the further development of the residential properties that were being talked about and that I believe is what we were trying to get to when we made the Motion and Voted on it. At least that was my intent. If anybody had a different idea on that, please correct me." Mayor Bush stated, "I would agree." Commissioner Miller added, "I would agree." Commissioner Gilmore stated, "I made the Motion and that is what I agreed to." .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS AGAIN DISCUSSED NEXT, AS DOCUMENTED. .:. .:. REGULAR AGENDA REGULAR 604. Office Of The City Manager ADD-ON Requesting The City Commission To Consider Approval Of A Third Modification Of The Settlement Agreement Between The City And The Tuscawilla Country Club To Facilitate Proposed Development Of Parcel 7, And The Construction Of A 150 Foot Cell Tower And Related Conveyances Of Conservation Lands To The City. "I WOULD LIKE TO MOVE THAT WE TAKE THIS OFF THE TABLE FOR FURTHER DISCUSSION THIS EVENING." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. ~ ~ ~~~ 1S::=>> ~ ~ ~ ~"'T~ .,,;:.-.:.Jt~,L'J ~: ~ CITY OF WINTER SPRINGS. FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 19 OF 20 VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY COMMISSIONER BROWN: AYE MOTION CARRIED. Discussion. Mayor Bush said to Mr. Gardner, "Is the [Tuscawilla] Country Club willing to give up Development Rights on Parcel 8, keep it as golf course property, in return for the Development rights on Parcel 77" Commissioner Krebs noted, "What originally we agreed to, we agreed to Conservation. Now, if you want some form of Conservation in there with stipulations for Golf Course, that is one thing." Mayor Bush said to Mr. Gardner, "If the Commission were to change the word Conservation into Golf Course property, does that solve your problem?" Commissioner Brown said, "We just define what Conservation means." Mr. Gardner responded, "I think it does, but in all, 1 have to deal with Counsel and make sure that they're comfortable with that." With further comments, Mr. Gardner noted, "We just want to be able to put a cart path in..." Commissioner Brown added, "... You can probably see the intent of that Vote..." Mr. Gardner then said, "... Exactly - that's our intent also - maintain it as is. The only piece that gets a little tricky is around the Clubhouse." Commissioner Brown noted, "I think the intent was to limit residential development along what was originally.. ." Mayor Bush said, "... That was the intent..." Mr. Gardner explained, "And that has the full intent of the ownership also, on that piece of property." Commissioner Brown then stated, "So, if we can state that and put that into all the wherefore's and whereas'." "THAT WOULD BE MY MOTION THAT WE POSTPONE IT UNTIL THE OCTOBER 2ND, [2007] MEETING." 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. 'll""""""&1<.;; i~\}~.uii ~;:i ~ c::~~ . ..~ Q:~.... Q....'Ij -.......'" -.-- ~ ADJOURNMENT CITY or WINTER SPRfNGS. rLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 20 OF 20 Mayor Bush adjourned the Regular Meeting at 8:51 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: MAYOR JOHN F. BUSH NOTE: These Minutes were approved at the , 2007 Regular City Commission Meeting. :t""ll ~ ~;aD ~::. ~ ~ ~.~. ~ """"''''~ "'~'~&..-"ii1 ~~ 1/l1,,!1;,_ r-~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 24, 2007 CALL TO ORDER The Regular Meeting of Monday, September 24, 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, arrived at 5:16 p.m. Commissioner Rick Brown, present Commissioner Donald A. Gilmore, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, arrived at 5:18 p.m. City Attorney Anthony A. Garganese, arrived at 5: 18 p.m. A moment of silence preceded the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. Commissioner Robert S. Miller arrived at 5:16 p.m. INFORMATIONAL 101. Public Works Department Providing The City Commission With Information Regarding The City's Independent Noise Data Collection On The Seminole Expressway (State Road 417). Discussion ensued with Mr. Brian Fields, P.E., City Engineer, Public Works Department. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 2 OF 20 City Manager Ronald W McLemore arrived at 5: 18 p. m. City Attorney Anthony A. Garganese arrived at 5: 18 p. m. With discussion, Commissioner Rick Brown suggested, "I think we need to have a Workshop." Mayor Bush asked, "Do you think Commission, this would be something we should bring to the attention of our local Legislators?" Deputy Mayor Sally McGinnis remarked, "I do." Commissioner Brown noted, "Probably after this Workshop." Mr. Fields mentioned that a related issue would be discussed during the October 8th, 2007 Regular Meeting of the City Commission. Mayor Bush stated, "Let them know" that we will ask about this issue. INFORMATIONAL 102. Office Of The City Manager Responding To The City Commission's Request For Information Regarding The New Lake Mary Swimming Pool. With discussion, Manager McLemore said, "We will be updating our costs and all that to try to bring back to you an updated picture of it." Further discussion. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER GILMORE." 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 - SEPTEMBER 24, 2007 PAGE 3 OF 20 .:. .:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE DISCUSSED BUT NOT NECESSARIL Y IN THE ORDER DOCUMENTED. .:. .:. CONSENT AGENDA CONSENT 200. Community Development Department - Urban Beautification Services Division Requesting Authorization To Enter Into A Contract Agreement For Landscape Maintenance Services For Tuskawilla Road And The Oak Forest Wall And Beautification District With REW Custom Landscape, LLC. No discussion. CONSENT 201. Community Development Department - Urban Beautification Services Division Requesting Authorization To Enter Into Contract Agreements For Landscape Maintenance Services For Town Center Trail Park (Blumberg) With Central Florida Landscaping And TruGreen Chemlawn. Brief discussion. CONSENT 202. Public Works Department Requests The City Commission Validate The Staff Recommendation Finding The DK Properties Site To Be Built In Substantial Accordance With The Final Engineering Plans And To Accept The Potable Water Infrastructure For Ownership And Maintenance. There was no discussion on this Agenda Item. CONSENT 203. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 4 OF 20 CONSENT 204. General Services Department Requests The City Commission Approve Resolution 2007-42 Which Designates The City Manager And The Finance Director As Authorized Representatives To Execute Documentation Required By Fifth Third Bank On Behalf Of The City Of Winter Springs. This Agenda Item was not discussed. CONSENT 205. Office Of The City Clerk Approval Of The September 4, 2007 Town Hall Meeting Minutes. No discussion. CONSENT 206. Office Of The City Clerk Approval Of The September 5, 2007 Town Hall Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 207. Office Of The City Clerk Approval Of The September 6, 2007 Town Hall Meeting Minutes. This Agenda Item was not discussed. CONSENT 208. Office Of The City Clerk Approval Of The September 10, 2007 City Commission Regular Meeting Minutes. No discussion. CONSENT 209. Office Of The City Clerk Approval Of The September 11, 2007 City Commission Special Meeting Minutes. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 5 OF 20 CONSENT 210. Office Of The City Manager And Office Of The City Attorney Requesting The City Commission To Consider Continuing Special Labor And Employment Legal Services With Jeffrey E. Mandel. This Agenda Item was not discussed. CONSENT 211. Public Works Department Requests City Commission Authorization To Approve Resolution 2007-46 And Enter Into A Landscape Construction And Maintenance Agreement With The Florida Department Of Transportation For Landscape And Sidewalk Maintenance Associated With The West End Center Project. Commissioner Miller spoke on this Agenda Item and stated, "Congratulations to Staff and the Commission for bringing that to fruition." CONSENT 212. Community Development Department And Building Division Requests That The Commission Authorize The Extension Of A General Independent Contractor Agreement For Contract Building Inspection Services With Framensons, Inc. Brief discussion. "SO MOVED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." 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 - SEPTEMBER 24, 2007 PAGE 6 OF 20 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor Presentation To EMS Chief Marc Baumgart Who Has Completed A Four (4) Year Program At The U.S. Fire Administration's National Fire Academy's (NFA) Executive Fire Officer Program From The National Emergency Training Center, U.S. Department of Homeland Security. Mayor Bush and the City Commission presented an A ward to EMS Chief Marc Baumgart. Mayor Bush called a Recess at 5:40 p.m. The Regular Meeting was called back at 5:55 p.m. REPORTS REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager - Ronald W. McLemore No Report. REPORTS 402. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC No Report. REPORTS 403. Commission Seat Three - Donald A. Gilmore No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 7 OF 20 REPORTS 404. Commission Seat Four/Deputy Mayor - Sally McGinnis Deputy Mayor McGinnis asked to be informed when the Public Works building is vacating their current property. Brief discussion. REPORTS 405. Commission Seat Five - Joanne M. Krebs Commissioner Joanne M. Krebs asked about the permanent Fire Chief position. Manager McLemore said, "I am getting ready to advertise it as soon as you decide this Budget." Discussion. Commissioner Krebs asked why there was only one (1) pool table purchased for the Senior Center. Manager McLemore explained, "Let's buy one, see how it is used and if we need a second one, we will bring it back to you and I am confident you will approve it." Discussion. REPORTS 406. Office Of The Mayor - John F. Bush Mayor Bush spoke of the Friday, November 30th, 2007 Leadership Seminole event and stated, "I would like to ask that the Commission approve that we reserve a table at this event." "SO MOVED." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MANAGER McLEMORE STATED, "IF YOU'RE GOING TO APPROVE SIX (6), I WISH YOU COULD APPROVE SEVEN (7), AS I WOULD LIKE TO BE THERE." DEPUTY MAYOR McGINNIS STATED, "I WILL GIVE YOU MY CHAIR." MAYOR BUSH ADDED, "WE'LL MAKE SURE YOU GET A SEAT MR. McLEMORE." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 8 OF 20 VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Bush spoke of flying flags on the State Road 434 pedestrian bridge and said, "I would like to recommend - we ask the Art Department of the High School to submit designs for a flag for the City, and maybe have a prize of some kind, fifty bucks ($50.00) or a hundred bucks ($100.00) to the winner - that they could bring back to the Commission and could approve which flag they wanted." Commissioner Krebs mentioned, "I think we have talked about this before, about maybe that could be some type of a design throughout our City?" Mayor Bush noted, "Yes." Commissioner Krebs added, "That would be a great idea. And we could even have it on our buttons and things like that when we talk about being number 31." "I MAKE A MOTION TO DO WHAT YOU SAID." COMMISSIONER KREBS. MOTION BY MAYOR BUSH THEN STATED, "THE MOTION SHOULD INCLUDE IF WE ARE GOING TO GIVE THEM A PRIZE FOR THE WINNER - FIFTY BUCKS ($50.00), A HUNDRED BUCKS ($100.00)." DEPUTY MAYOR McGINNIS SUGGESTED, "WE AWARD A FIFTY DOLLAR ($50.00) STIPEND IN ADDITION TO THAT, THAT WE FOR A PERIOD OF TIME, WE - OF COURSE GIVE THEM A PLAQUE THAT THEY WERE THE OFFICIAL DESIGNER." COMMISSIONER KREBS CONTINUED WITH HER MOTION SAYING, "FOLLOWING WHAT YOU SAID, THEN MY MOTION WOULD INCLUDE A FIFTY DOLLAR ($50.00) PRIZE FUND AS WELL AS ACKNOWLEDGEMENT OF..." MAYOR BUSH SUGGESTED, "...APPROPRIATE RECOGNITION." SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. MANAGER McLEMORE MENTIONED THE CITY SEAL/LOGO AND ASKED, "ARE YOU GOING TO SUGGEST THAT IT HAS TO BE INCORPORATED INTO THIS OR ARE YOU WILLING TO PUT YOUR LOGO AT STAKE HERE. I WOULD SUGGEST THAT IS A BIGGER ISSUE THAN YOU MAY THINK." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 9 OF 20 MAYOR BUSH REMARKED, "THE FLAG COULD ENCOMPASS THE LOGO." MANAGER McLEMORE THEN SUGGESTED, "SHOULDN'T WE GIVE THE DIRECTION THAT IT SHOULD ENCOMPASS THE LOGO?" MAYOR BUSH STATED, "I THINK IT SHOULD." COMMISSIONER KREBS ADDED, "I THINK THAT IS A GOOD IDEA. I THINK YOU SHOULD INCORPORATE THE LOGO AS WELL INTO THE FLAG." MAYOR BUSH POINTED OUT, "THIS DOES NOT IN ANY WAY CHANGE THE LOGO OF THE CITY OR WON'T RESULT IN THAT AND I THINK WE SHOULD LET THE CONTESTANTS KNOW THAT WE EXPECT THE LOGO TO BE ON THE FLAG." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Mayor Bush then mentioned the Florida League of Cities "Cities of Excellence Awards" and mentioned the Awards Luncheon scheduled for November 9th, 2007 and asked, "Do we want to get a table to be at the Luncheon?" Mayor Bush added, "Can 1 have a Motion then to approve this?" "SO MOVED." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REPORTS 407. Commission Seat One - Robert S. Miller Commissioner Miller mentioned wanting to go to Tallahassee, Florida when the Legislature is in session. Manager McLemore suggested, "I think 1 would like to talk to our Lobbyist and discuss it with him, how he can line appointments up for us." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 10 OF 20 "I WILL MAKE A MOTION THAT WE CONTACT OUR FEDERAL OFFICIALS; THAT MR. McLEMORE PUTS TOGETHER A PLAN IF HE WANTS TO WITH OUR STATE LOBBYISTS WHICH I WOULD ASSUME THE LEAGUE OF CITIES - WHATEVER LOBBYISTS THAT WE CAN EMPLOY TO DIG UP SOME INFORMATION ON THIS AND THEN AT SOME POINT WE CONSIDER MAKING A TRIP UP THERE IN NOVEMBER OR DECEMBER." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. COMMISSIONER MILLER NOTED, "WE ARE ONLY TALKING ABOUT THE AREA BEHIND THE INDUSTRIAL PARK RIGHT NOW WHICH - GOES THROUGH THE WETLANDS." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. REPORTS 408. Commission Seat Two - Rick Brown Commissioner Brown mentioned an email from Ken Small on the Property Tax issue not being on the ballot. Next, Commissioner Brown asked for an update on the Veterans Memorial. Discussion. .:..:. AGENDA NOTE: THE FOLLOWING REPORTS WERE ALSO GIVEN, IN THE ORDER DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:. .:. REPORTS REPORTS 404. Commission Seat Four/Deputy Mayor - Sally McGinnis Deputy Mayor McGinnis mentioned a Tri-County League of Cities Luncheon and an issue of privatizing roads which was discussed at this meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE II OF 20 REPORTS 403. Office Of The City Manager - Ronald W. McLemore Manager McLemore mentioned that Seminole County was trying to get funding from the State for the Trail. PUBLIC INPUT Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: mentioned an effort to support Pet Rescue by Judy and that a Petition had been started online to have "Extreme Makeover [- Home Edition]" agree to build a new Shelter for 'Pet Rescue by Judy' . Mr. Rucci thought this would be a great opportunity for Seminole County and asked for the City's support. Tape 1/Side B Mayor Bush suggested, "I recommend that maybe we do a Resolution in support of this and encourage the other cities and the County to do the same." "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mayor Bush then said to Mr. Rucci, "You might want to work with the Clerk on the wording of this Resolution so it hits it on the nose." Mr. Rucci responded by saying, "I will do that or I will get her in touch with Madeline Jordan." Ms. M Rebecca Furman, Attorney, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola Drive, Orlando, Florida: speaking on behalf of the James Doran Company, Ms. Furman commented on Regular Agenda Item "600" and mentioned some concerns. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 12 OF 20 .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. .:. .:. REGULAR AGENDA REGULAR 600. Parks And Recreation Department Requesting The City Commission Approval To Accept The Change Order From A.D. Arnold For Existing Senior Center Remodeling In The Amount Of $42,770.00. Mr. Chuck Pula, Director, Parks and Recreation Department spoke on this Agenda Item. Discussion. "I MOVE THAT WE APPROVE THIS." MOTION BY DEPUTY MAYOR McGINNIS. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER BROWN." DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 601. Utility Department Requesting The City Commission Consider The Request By Tuscawilla Country Club To Extend The Effluent Disposal Easement Agreement. Discussion ensued with Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Department. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 13 OF 20 VOTE: COMMISSIONER KREBS: NAY COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 602. Office Of The City Manager Requests The City Commission Adopt Resolution 2007-45 Establishing Oversized Vehicle Restrictions On Blumberg Boulevard. Manager McLemore began the discussion. Much discussion. Manager McLemore said, "I think that Anthony [Garganese] and 1 want to do some wordsmithing on this from a legal side of the table." Further discussion. "I WANTED TO MAKE A MOTION TO TABLE THIS UNTIL - NEXT MEETING." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mayor Bush asked about "School buses". Manager McLemore noted, "We have talked to the School Board and they have agreed - they will not have any school bus traffic on that road." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 140F20 REGULAR 603. Office Of The City Clerk Requests The City Commission Consider The Information They Have Received Regarding The Performance Review Due September 27,2007 For The City Clerk. Discussion. "I MAKE A MOTION THAT WE PROVIDE ANDREA (LORENZO-LUACES) WITH THE CURRENT FOUR PERCENT (4%) INCREASE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 604. Office Of The City Manager ADD-ON Requesting The City Commission To Consider Approval Of A Third Modification Of The Settlement Agreement Between The City And The Tuscawilla Country Club To Facilitate Proposed Development Of Parcel 7, And The Construction Of A 150 Foot Cell Tower And Related Conveyances Of Conservation Lands To The City. Manager McLemore spoke on this Agenda Item. Tape 2/Side A Much discussion. Commissioner Donald A. Gilmore said, "This whole hatched area here you are proposing would go into Conservation?" Mr. Mike Gardner, General Manager, Tuscawilla Country Club, 1500 Winter Springs Boulevard, Winter Springs, Florida: remarked, "Correct." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE IS OF 20 Commissioner Gilmore then asked, "All of it?" Mr. Gardner stated, "Absolutely." Commissioner Gilmore then said, "And the Tower sits here and this tree line here you could take out - is that what 1 hear?" Mr. Gardner stated, "1 don't think it is wide enough. " "I MAKE A MOTION WE TABLE THIS." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2007-43, Which Establishes The Final Operating Millage Rate For Fiscal Year 2007-2008 For The City Of Winter Springs And The Final Voted Debt Service Millage Rate For Fiscal Year 2007-2008 For The City Of Winter Springs. Ms. Michelle Greco, Director, Finance Department presented this Agenda Item for discussion. Manager McLemore said, "On those options, that we did mention the 0.18 of a mil that we need to put back in. Whatever option you're comfortable with and had .18 to it." Discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Jeff McCall, Firefighter, Fire Department: commented on the Fire Department, growth, funding needs, and competitiveness. Mayor Bush closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 16 OF 20 Tape 2/Side B "I WOULD LIKE TO MOVE THAT WE ADOPT OPTION 'C'." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. MANAGER McLEMORE ASKED, "DID THAT INCLUDE THE .18?" COMMISSIONER BROWN RESPONDED, "IT DOES." MAYOR BUSH NOTED, "AND OF COURSE THE VOTED MILLAGE WAS .1022 AS WELL. DIDN'T CHANGE THAT AT ALL." MS. GRECO, MENTIONED THAT "IN THE MOTION, YOU ALSO HAVE TO - PUBLICL Y ANNOUNCE THE PERCENT OF ROLLED-BACK." MAYOR BUSH THEN SAID, "DO YOU WANT TO TELL ME WHAT IT IS?" MS. GRECO EXPLAINED, "WITH THAT OPTION IT IS 17.32 PERCENT LESS THAN - THE ROLLED-BACK RATE OF 3.9303 WHICH IS Section 3. OF THE RESOLUTION." MAYOR BUSH SUMMARIZED, "SO THE MOTION WOULD INCLUDE THIS - 17.32 PERCENT LESS THAN THE ROLLED-BACK..." MS. GRECO NOTED, "...OF 3.9303." "SO MOVED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "COMMISSIONER BROWN HAS MOVED THAT AS WELL. SECONDED BY DEPUTY MAYOR McGINNIS." DISCUSSION. VOTE: COMMISSIONER BROWN : AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mayor Bush called a Recess at 7:55 p.m. The Regular Meeting was called back to Order at 8: 19 p. m. PUBLIC HEARINGS 501. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2007-44, Establishing The Final Budget For Fiscal Year 2007-2008. Mayor Bush spoke first on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 17 OF 20 Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. In other City business, Commissioner Brown spoke for the Record about earlier comments. Commissioner Brown said to Manager McLemore, "Going back to the James Doran issue, I can certainly have a letter sent out through the Tenant's Association and if you want, just shoot me an email as to what questions you would like answered by them; we can certainly do that." Furthermore, Commissioner Brown remarked, "I was wondering if we couldn't make our position on the Winter Springs Golf Course a little more solid by transferring or looking at the possibility of transferring Easement rights to another, or at least jointly with another governmental body." "I WOULD LIKE TO ASK THAT THE CITY CLERK PROVIDE US WITH A VERBATIM TRANSCRIPT - OF THE ITEM WE DISCUSSED EARLIER." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 18 OF 20 Discussion followed on removing a Conservation Easement with a supermajority or unanimous vote. Commissioner Miller suggested, "If you do it by Development Agreement that it takes a unanimous vote of the Commission to change it by Development Agreement, if Anthony [Garganese] is comfortable with that." Attorney Garganese stated, "I will be happy to look at that." Discussion. Commissioner Brown commented that "I don't think it was ever our intent and Mr. Gardner referenced this when he spoke, I don't think it was ever our intent to handcuff the [Tuscawilla] Country Club to the point where they couldn't maintain and continue to develop their business as a Golf Course. I think the Conservation Easement and anybody can correct me if I am wrong, I think the intent of the Conservation Easement we were discussing that night was to prohibit the further development of the residential properties that were being talked about and that I believe is what we were trying to get to when we made the Motion and Voted on it. At least that was my intent. If anybody had a different idea on that, please correct me." Mayor Bush stated, "I would agree." Commissioner Miller added, "I would agree." Commissioner Gilmore stated, "I made the Motion and that is what I agreed to." .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS AGAIN DISCUSSED NEXT, AS DOCUMENTED. .:..:. REGULAR AGENDA REGULAR 604. Office Of The City Manager ADD-ON Requesting The City Commission To Consider Approval Of A Third Modification Of The Settlement Agreement Between The City And The Tuscawilla Country Club To Facilitate Proposed Development Of Parcel 7, And The Construction Of A 150 Foot Cell Tower And Related Conveyances Of Conservation Lands To The City. "I WOULD LIKE TO MOVE THAT WE TAKE THIS OFF THE TABLE FOR FURTHER DISCUSSION THIS EVENING." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 19 OF 20 VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY COMMISSIONER BROWN: AYE MOTION CARRIED. Discussion. Mayor Bush said to Mr. Gardner, "Is the [Tuscawilla] Country Club willing to give up Development Rights on Parcel 8, keep it as golf course property, in return for the Development rights on Parcel 77" Commissioner Krebs noted, "What originally we agreed to, we agreed to Conservation. Now, if you want some form of Conservation in there with stipulations for Golf Course, that is one thing." Mayor Bush said to Mr. Gardner, "If the Commission were to change the word Conservation into Golf Course property, does that solve your problem?" Commissioner Brown said, "We just define what Conservation means." Mr. Gardner responded, "I think it does, but in all, I have to deal with Counsel and make sure that they're comfortable with that." With further comments, Mr. Gardner noted, "We just want to be able to put a cart path in..." Commissioner Brown added, ".. . You can probably see the intent of that Vote..." Mr. Gardner then said, ".. . Exactly - that's our intent also - maintain it as is. The only piece that gets a little tricky is around the Clubhouse." Commissioner Brown noted, "I think the intent was to limit residential development along what was originally..." Mayor Bush said, "... That was the intent..." Mr. Gardner explained, "And that has the full intent of the ownership also, on that piece of property." Commissioner Brown then stated, "So, if we can state that and put that into all the wherefore's and whereas' ." "THAT WOULD BE MY MOTION THAT WE POSTPONE IT UNTIL THE OCTOBER 2ND, [2007] MEETING." 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2007 PAGE 20 OF 20 ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:51 p.m. RESPECTFULLY SUBMITTED: A LORENZO-LUACES, CMC CLERK iM NOTE: These Minutes were approved at the October 8, 2007 Regular City Commission Meeting.