Loading...
HomeMy WebLinkAbout2007 11 26 Consent 203 Approval of the City Commission Special Meeting Minutes 11/13/2007 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING NOVEMBER 13, 2007 CALL TO ORDER The Special Meeting of Tuesday, November 13,2007 of the City Commission was called to Order by Mayor John F. Bush at 7:01 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. Mayor Bush thanked the VFW (Veteran's of Foreign Wars) for their assistance with the Memorial Service for former CommissionerlMayor Philip A. Kulbes that was held prior to this Meeting. City Attorney Anthony A. Garganese was congratulated for being named "City Attorney of the Year" for the Florida League of Cities' "Cities of Excellence." Mayor Bush added, "Great job and Anthony [Garganese], you certainly deserve it, that is for sure!" .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS (pREVIOUSLY LISTED ON THE OCTOBER 22, 2007 MEETING AGENDA) WERE DISCUSSED IN THE ORDER AS DOCUMENTED. .:. .:. REGULAR AGENDA - PREVIOUSLY LISTED ON THE OCTOBER 22, 2007 MEETING AGENDA a -1 ~' 11 ~ ~ "'"""d ~1l C:::) ~~ ~~ l-J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 13,2007 PAGE 2 OF 23 REGULAR 603. Office Of The City Manager . Requesting That The City Commission Make Budget Determinations Regarding The General Fund's $330,495.00 Budgeted Appropriation To Fund Balance For The Fiscal Year 2007-2008 As Well As The $3,271,605.00 General Fund Designation For Non-Recurring Special Capital Projects For Fiscal Year 2007-2008. Commissioner Rick Brown stated, "I would like to recommend that we pull [Agenda Item] '603' from November 13th to a Special Meeting given the level of discussions that will have to go along with that." "THAT IS A MOTION." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. On a suggested date for this Special Meeting, Mayor Bush suggested, "December 3rd, [2008] Commissioners?" Deputy Mayor Sally McGinnis stated, "Good." Commissioner Krebs remarked, "Yes." Commissioner Brown noted, "Good." On the time, Mayor Bush asked, "5:15 [p.m.] - is that okay with everybody?" Deputy Mayor McGinnis commented, "Yes." REGULAR 602. Office Of The City Manager Requests The City Commission To Review A Draft Of The Proposed Community Assistance Program And Make Any Changes The Commission Deems Appropriate. Deputy Mayor McGinnis asked if Staff had information on the number of requests we have received over the last year. On the issue of "tracking", City Manager Ronald W. McLemore explained, "We place that burden really on them~ the Applicant to show us what they do and how well they have done it and what their stability is and all that; and then we will basically bring that information to you to say, here's the list and here are the people we think are going to give you the best return on your investment, but you will make those final decisions, not us." c ~ ~ ~ ~ ~ c:::."iI ~ ~ t::::I CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 13,2007 PAGE 3 OF 23 With further discussion, Manager McLemore noted, "If you go and look at the - award criteria, you almost have to do that if you indeed, you get put in a position where you have got to say 'Yes' to some people and 'No' to others. You start wanting to know who is really going to spend these dollars the best, based on their history. So, we want to try to give you a data base upon which to make those kinds of decisions. That's all we're trying to do, not really go out and audit them, but you can certainly do that." Discussion followed on dates of applicability; getting the word out, and supporting area organizations and those in Winter Springs. Mayor Bush said, "These groups will know about these dates; they will get their applications in." Manager McLemore suggested, "We would advise those that we have funded in prior years - that if you want to be refunded, you need to do it on this day - and then the word will get out." Commissioner Joanne M. Krebs recommended, "If we are going to accept the eligibility criteria that we in - 1. recommend that its organizations that provide charitable services to eligible residents of Winter Springs." Commissioner Krebs added, "I would just like it to say 'Eligible' residents or something along that line." Manager McLemore noted, "I can change that wording to say "Organizations who make services available to Winter Springs residents." Commissioner Krebs remarked, "That is fine." Deputy Mayor McGinnis added, "Good." Mayor Bush said, "Okay." Deputy Mayor McGinnis noted, "There are guidelines that you can ask for that would answer the question - your concerns. Annual reports for example. What percent of their budget is used for fundraising and for services?" Mayor Bush added, "Administration costs." Deputy Mayor McGinnis then mentioned, "Other funding sources. Are they a United Way agency, for example? So, when Staff looks at the number 2. item you refer to, those are the kinds of things that I hope they examine carefully." Attorney Garganese stated, "In order to be in compliance with the Florida Constitution, two (2) things would need to be added to this with respect to eligibility requirements. The services provided must serve a municipal purpose, number one (1); and two (2), the Applicants that are awarded funding must execute a Municipal Services Agreement which will have a lot of safeguards. For example, the City will have the unconditional right to audit any of the expenditures or the funds and that will be - imposed by Agreement, in order to ensure that the funds are expended for municipal purposes, and that should be added to the guidelines." Commissioner Brown commented on how Staff would process rankings and research data. Manager McLemore explained, "What we would do is bring you the information and I don't know that I want to rank them. I would rather just give you more of the information and let you decide what you want to do." tL ! ~ ..y """CJ ~ c:= ~ ~ t.......J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 13,2007 PAGE 4 OF 23 Commissioner Donald A. Gilmore spoke of his concern with advising organizations about the availability of funds and added, "I personally think that we should have a pot of money that we want to go with and as these people want it, if whoever it is, they come before us and we decide at that time if it is worthy or not, and if we want to contribute." Commissioner Brown suggested that there not be an "Open enrollment period" but instead, "I would rather see it structured in a way that we have a criteria that we follow, but it is on a case-by-case basis." Manager McLemore noted, "If I understand, you don't really want it to be part of a Budget cycle. You basically want to put some money aside every year and then whoever wants to come in, will come in during that year, whether it' mid-year or three-quarters of the way through the year..." Commissioner Brown added, ".. . And we evaluate it against the criteria that we will set." Manager McLemore then suggested, "You will just need to decide, this is always the hardest question, how much money are you going to put aside every year." Discussion. Commissioner Robert S. Miller said, "I would much prefer to say that we will listen to people that may have a problem but there is no guarantee that we will do anything. There is no money set aside and let them come and make their plea - if we feel it is a worthy cause on that particular evening and that particular date. If three (3) of us approve it, that is the way it will be." Further discussion. "I WILL MAKE A MOTION THAT WE CONTINUE ON WITH THE PREVIOUS ARRANGEMENT WHEREIN, PEOPLE COME BEFORE US, IF THEY WANT TO AND THEY JUSTIFY THEIR CASE; AND IF WE AGREE, THEY GET HELP. IF WE DON'T AGREE, THEN THEY DON'T GET HELP." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: NAY COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. II: I ~ ~... It-.....J I ~ ~ Co:::) ~ ~ t;;;;;3 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 13, 2007 PAGE 5 OF 23 REGULAR 605. Office Of The City Manager And Information Services Department Wishes To Inform The Commission On Approximate Values Of Surplus Equipment Sent To Auction And Request That Commission Determine How To Proceed With Surplus Assets Disposal. Brief discussion. "I MOVE THAT WE ACCEPT STAFF'S RECOMMENDATIONS REGARDING NOT DONATING PUBLIC PROPERTY AND CONTINUE OUR PROCESS OF DISPOSING THEM." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. Commissioner Miller spoke for the Record on computer equipment and suggested giving such to charities. Mr. Joe Alcala, IT Coordinator/Security Administrator, Information Services Department spoke on this Agenda Item. Discussion. Ms. Joanne Dalka, Director, Information Services Department addressed the City Commission. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mayor Bush added, "Motion is to accept the Manager's recommendation." REGULAR 606. Office Of The City Manager Requesting The Commission To Review The City Manager Report Responding To The Complaint Of Cyndi Read, EMS Account # 602512-01 an Appeal For EMS Transport Bill. Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Cyndi Read, Winter Springs, Florida: addressed the City Commission on her Appeal. ~ ~ ~ ~~ ~ ~ c:..~~ ~ ~ ~ .,--r-, -~-_CC"---~'~;':i.;i_.,.".--~-'-----:----------- CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 13,2007 PAGE 6 OF 23 Tape l/Side B Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion. Commissioner Krebs noted, "I really like Option 1. where the first Appeal does go to you or the City Manager, followed by an Appeal to the City Commission. I never really want to cut off the opportunity for a citizen to come before me - and I believe that given all the right data, I can make a decision." Manager McLemore said, "Could I suggest we bring that back as another Agenda Item?" Commissioner Brown noted, "That would be great." Commissioner Krebs remarked, "That is fine." Deputy Mayor McGinnis said, "I agree." "I WILL MAKE A MOTION THAT WE DENY THE REQUEST." MOTION BY COMMISSIONER MILLER. MAYOR BUSH SAID, "SECONDED BY MR. GILMORE." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Mayor Bush then said, "Now a Motion regarding the procedure change." "MOTION TO BRING IT BACK." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. ~ = ~ ~ ~ rD-e ~~ C,,~-, ~ ~ t::::~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 13, 2007 PAGE 7 OF 23 INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. With discussion, Deputy Mayor McGinnis asked who the new owner of Villagio was? Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department said, "I can find that information and email it to you." Discussion. Commissioner Miller commented on sprinkler damage in the Village Walk area and suggested that Mayor Bush meet with the Principal. Mayor Bush said, "I will talk to the Superintendent. " INFORMATIONAL 101. Not Used. INFORMATIONAL 102. Public Works Department Providing The City Commission With Information Regarding A New LYNX Bus Route Through Winter Springs Scheduled To Begin Operation In December 2008. Brief comments were made. MOTION TO APPROVE INFORMATIONAL AGENDA. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. r = ~ i;; ~ ~ c:.,::) ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 13,2007 PAGE 8 OF 23 CONSENT AGENDA CONSENT 200. Police Department Requests The Commission To Approve The Purchase. Of A High-Capacity Electronic Video Storage System, As Recommended By City Information Services Department, From Asset Forfeiture Funds In The Amount Of $23,453.00. Discussion. CONSENT 201. Public Works Department Requesting Authorization To "Piggy-Back" Off The Seminole County Contract IFB-31l0-05 AIB For Construction Of The Intersection Signalization System Improvements At State Road 434 And SR (State Road) 419 And The Repair Of The Traffic Signal At SR (State Road) 419 And Edgemon Avenue With Chinchor Electric, Inc. Discussion. CONSENT 202. Community Development Department Requests The City Commission Adopt The Updated Official Future Land Use Map (FLUM) And Official Zoning Map. This Agenda Item was not discussed. CONSENT 203. Office Of The City Manager And Office Of The City Attorney Request That The City Commission Approve Resolution Number 2007-49 Regarding The Issuance Of Police Badges To Retired City Police Officers. No discussion. <<==1 ~.~ :;Jt;ia-l ~ ~ Ei"''?:Jl!lIOIlIil f.:,:.",.~ ~L~~"::;) SI:~~1'2:;,'~:_; [:"Jl!'" I ~'."';"";'1 ~,(Q.....-II CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 13,2007 PAGE90F23 CONSENT 204. Police Department This Year, The Winter Springs Police Department Applied For Funding Through The 2008 Edward Byrne Memorial Justice Assistance Grant And Was Subsequently Awarded $58,000.00 For The Purchase Of New In-Car Video Camera Systems. There was no discussion on this Agenda Item. CONSENT 205. Police Department Requesting The Commission To Give Approval For The City Of Winter Springs, Florida To Enter Into An Agreement With Seminole County Florida For Coordination Of Responsibilities Relating To The Rebanding Of The 800MHz Public SafetylEmergency Radio Communication System. This Agenda Item was not discussed. CONSENT 206. Community Development Department - Urban Beautification Services Division Requesting Approval For Expenditures Totaling $94,000.00 To Install Hardscaping Enhancements For The Town Center Trail Park Beautification Project. Discussion. "I MAKE A MOTION THAT WHEN WE PAY FOR THIS, WE TAKE IT OUT OF THE GENERAL FUND AND NOT THE ROAD IMPROVEMENT." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Tape 2/Side A C:::=l ~~ ~ ~J ~ ~ c:::;> 1 ~.1 ~I ~ ~~.. ... '. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 13,2007 PAGE 10 OF 23 Discussion "I MOVE THAT WE EXPEND THIRTY THOUSAND DOLLARS ($30,000.00) FOR SIXTEEN (16) BENCHES." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: NAY COMMISSIONER BROWN: NAY COMMISSIONER GILMORE: NAY COMMISSIONER MILLER: AYE MOTION DID NOT CARRY. Mayor Bush stated, "Bicycle racks -let's have a Motion." "MOTION TO APPROVE BICYCLE RACKS." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Mayor Bush noted, "Low voltage lighting, I think the Consensus was that it be removed. It is out." Mayor Bush stated, "Street signs, let's have a Motion." "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: NAY DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Mayor Bush added, "Bronze sculptures. That is gone." c:==i ~.,1 ~1 ~'Tl --""""J lV-~t~~. ~J !:JCJ (t. c::=.J __...1 _.c, 1 ~.l L.: ~.=.J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 13, 2007 PAGE 11 OF 23 CONSENT 207. Office Of The City Clerk Approval Of The October 22, 2007 Regular City Commission Meeting Minutes. No discussion. CONSENT 208. Police Department Requests The Commission To Give Approval For The Expenditure Of Budgeted Funds For The Purchase Of Replacement Portable Radios And Their Associated Equipment. There was no discussion on this Agenda Item. "MOTION TO APPROVE" CONSENT AGENDA. MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. MAYOR BUSH ADDED, "AND THAT IS WITH THE - CHANGES TO [AGENDA ITEM] '206'." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTA nONs 300. Not Used. Mayor Bush called a Recess at 8:39 p.m. The Special Meeting was called back to Order at 8:54 p.m. .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. ~ ~;.l ~,~ ~~j --C~ '"'""C'::l :=cD ~:2) "'-- ~..J ~.1 ~'l t:::::}J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 13, 2007 PAGE 12 OF 23 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. 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. Stevenson presented this Agenda Item and then read a letter for the Record. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Robert Stowel!, 610 Tina Lane, Winter Springs, Florida: Mayor Bush said, "Who says he does not wish to verbally address the Commission. For the Record, he is in favor of a six foot (6') fence." Ms. Sam Nichols, 1281 Nature's Way, Winter Springs, Florida: addressed the City Commission on her property, horses, and fences. Ms. Cindy Scribner, 405 South Moss Road, Winter Springs, Florida: spoke about the fence height on her property and asked whether she needed to make any changes. Ms. Deanna Nelson, 140 East Tradewinds Road, Winter Springs, Florida: spoke of protecting her animals and maintaining safety. Mr. Donald Smith, 120 East Tradewinds Road, Winter Springs, Florida: prefers to see higher fences and supports six foot (6') fences. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion ensued. With discussion, Manager McLemore noted, "We're only talking about fences that are in front of the build-to line." Further discussion. ~ ~ ~.. ~ ~ ~ c,::) ~ t:--:.1 ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 13, 2007 PAGE 13 OF 23 Mayor Bush asked, "Want them to bring it back?" Commissioner Krebs said, "I would like you to bring it back." Manager McLemore said, "We will bring back some language for you to adopt." Commissioner Krebs said, "Right." "I MAKE A MOTION FOR THE CITY MANAGER TO BRING US BACK INFORMATION REGARDING FENCES BY EXCEPTION TO INCLUDE THE TYPE OF FENCING AND THE HEIGHTS - WHAT YOU SEE IS ALLOWABLE." MOTION BY COMMISSIONER KREBS. MAYOR BUSH ASKED, "SHOULD THIS BE RESTRICTED TO CERTAIN AREAS OF THE CITY?" COMMISSIONER KREBS SAID, "YES, TO THOSE AREAS THAT WE JUST DISCUSSED - THE RANCHLANDS - THAT ALLOW LARGE ANIMALS, LARGE HORSES." MANAGER McLEMORE SAID, "WE WILL BRING YOU BACK A DRAFT ORDINANCE." SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER BROWN REQUESTED THAT LARGE FEES NOT BE INCLUDED. MAYOR BUSH SUGGESTED THA T VARIANCES ARE NOT MENTIONED. VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mayor Bush added, "I would encourage the Manager and Staff to work with some of the homeowners who took the time to come tonight." .:..:. AGENDA NOTE: PUBLIC INPUT WAS HELD NEXT, FOLLOWED BY "REPORTS", AS DOCUMENTED. .:. .:. PUBLIC INPUT Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: spoke of Agenda Item '603' and increased Fees; and handed in a document to the City which he asked be forwarded to the City Commission. C=l --..;i1Il'J'l 1Ei!Iiii1_..i ;;;r.;.,'1!a ~ ~ ~ ~ ~ ~ t::::J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 13, 2007 PAGE 14 OF 23 Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: mentioned her concerns with the Vendors at the Farmer's Market at Tuscawilla Square. Discussion. Mr. Mathew Matisak, 794 Seneca Meadow Road, Winter Springs, Florida: commented on Fees, and charging citizens for Services. Ms. Brenda Brown, 211 Nandina Terrace, Winter Springs, Florida: spoke of the Tuscawilla Square Farmer's Market and suggested that local Vendors be represented. Tape 2/Side B Ms. Maria Fair, 1207 Trotwood Boulevard, Winter Springs, Florida: commented that the Vendors of the Farmer's Market at Tuscawilla Square bring in taX dollars to the City. Discussion. REPORTS REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese commented on the Binford v. Winter Springs case. REPORTS 401. Office Of The City Manager - Ronald W. McLemore Manager McLemore asked the City Commission if they wanted to hold just one Regular Meeting in December. Mayor Bush stated, "Let us have a Motion to have one Meeting in December on the 10th [2007]? "SO MOVED." MAYOR BUSH REMARKED, "MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. ~~ ~~ ~' ~ ~ ~ c=.> __,;;(1 -.., ~ I........J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 13, 2007 PAGE 15 OF 23 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Manager McLemore asked, "I need to schedule a meeting with you relative to - as a pre- bargaining meeting (Collective Bargaining Meeting) for strategy session. It will probably take about three (3) hours; at a time when I can get you together. This is a closed session. This is not an open session." Mayor Bush said, "Can we do this on Tuesday, the 4th [December 2007]?" Deputy Mayor McGinnis said, "That is good." Manager McLemore said, "That would work well for me." Mayor Bush asked, "What time?" Commissioner Miller asked, "Morning meeting?" Mayor Bush said, "Then the Special Meeting will be Tuesday, December the 4th, 9:00 [a.m.] to 12:00 [p.m.]. This is regarding the Firefighter's Contract." Manager McLemore said, "Right." Mayor Bush asked, "And will the Firefighter's Union be represented in this Meeting?" Manager McLemore said, "No. This is a Closed Session with the Commission and your bargaining team. That's the law." Next, Manager McLemore commented on the eagle's nest and stated, "We have filed our Report and when we get it back for you, I will let you know." Regarding the County Impact Fee changes for Schools, Manager McLemore asked, "We should go back and at least ask the Commission to qualify that Ordinance by lengthening the time for which a project would be remedied from paying an Impact Fee. Right now on February 1, as of that date, if your project has not already been Permitted, then the new Fees are going to come in to play. No matter if you were just Approved - on your Final Engineering day before or six (6) months before. So, what I was hoping that we could do is ask them to reconsider to something to the effect that if a project has already been approved through Final Engineering, that it would be grandfathered in that process at least for a year." Discussion. -= : ~ ::J~ ..~ I a ~ c:::> ~ ~...lil..':l '--' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 13, 2007 PAGE 16 OF 23 "I MOVE THAT THE CITY DO A FORMAL PRESENTATION TO THE COUNTY COMMISSION..." MAYOR BUSH ADDED, "...BE A FORMAL REQUEST..." DEPUTY MAYOR McGINNIS CONTINUED, "...REQUEST - THAT THOSE PROPERTIES THAT HAVE ALREADY BEEN PERMITTED..." MAYOR BUSH SAID, "... THOSE ARE ALREADY COVERED. IF THEY HAVE BEEN PERMITTED, THEY ARE COVERED ALREADY - THEY DON'T NEED AN EXCEPTION." DEPUTY MAYOR McGINNIS SAID, "THAT THIS WOULD NOT AFFECT THEM FOR A PERIOD." MOTION BY DEPUTY MAYOR McGINNIS. MAYOR BUSH ADDED, "MAYBE MR. McLEMORE CAN - WORD IT SO IT MAKES SENSE." MAYOR BUSH THEN SAID, "SECONDED BY COMMISSIONER KREBS." DISCUSSION. COMMISSIONER MILLER NOTED, "I WOULD LIKE TO SEE - AS A PART OF THIS, LIKE TO SEE THE CITY MANAGER PUT TOGETHER MAYBE A TWO (2) PAGER FOR US - ON POTENTIAL IMP ACTS A.ND PRECISELY WHAT IT IS THAT WE WOULD BE PUSHING BACK." MAYOR BUSH ADDED, "I THINK WE NEED SOME DATA." COMMISSIONER MILLER THEN SAID, "WE NEED SOME SPECIFIC DATA AND I WOULD LIKE ALL OF US TO GET A COPY OF THAT." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Manager McLemore said, "Don't forget the November 29th, [2007] Brownfield's Hearing. And I want to give you a copy of a letter that I have prepared for the Public Record. " Mayor Bush asked, "Motion to Approve Mr. McLemore's letter?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. ~ ~ ...,: ~ ....e ~ :;.~~ ~ ~ ~---:J "-' CITY OF WINTER SPRINGS, FLORIDA MINUTES . CITY COMMISSION SPECIAL MEETING - NOVEMBER 13,2007 PAGE I70F23 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REPORTS 402. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC No Report. REPORTS 403. Office Of The Mayor - John F. Bush Mayor Bush spoke of having lunch with Oviedo's new Mayor. Next, Mayor Bush also spoke of a walk through at the University of Central Florida Incubator Program on Thursday, November 15th, 2007. REPORTS 404. Commission Seat One - Robert S. Miller Commissioner Miller mentioned the Florida League of Cities' Fiscal Stewardship Council Meeting that he attended last week. REPORTS 405. Commission Seat Two - Rick Brown Commissioner Brown asked about the status of the Public Information Officer information. City Clerk Andrea Lorenzo-Luaces said, "I would be glad to resend it." Manager McLemore said, "We will bring it back as an Agenda Item." Next, Commissioner Brown commented on the Ethics related to other Meetings that are attended by the Commission. Commissioner Brown said, "I would like to ask that we ask Anthony [Garganese] to go back with these facts and go back and get us a ruling based on the change that has happened in the make up of the THOA (Tuscawilla Homeowners Association) to see whether we're still intact in what we think is correct." ~ ~~ ~ ~.~."j" '~... ~:;i ~ ~ ~ ~ L~.J I......J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 13,2007 PAGE 18 OF 23 "I WOULD LIKE TO MAKE A MOTION THAT WE ASK ANTHONY [GARGANESE] TO GO DO THAT." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REPORTS 406. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore commented on discussions at the Florida League of Cities Legislative Conference related to public/private roads and red light camera issues. Next, Commissioner Gilmore recognized the service of our country's Veterans. Lastly, Commissioner Gilmore mentioned serving on the Tuscawilla Homeowner's Association Board of Directors and asked about spouses of Commissioners serving on City Advisory Boards and Committees. Deputy Mayor McGinnis suggested that Attorney Garganese could check on this matter also. "I WOULD LIKE TO MAKE A MOTION THAT THE CITY ATTORNEY LOOK AT THAT TOO." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REPORTS 407. Commission Seat Four/Deputy Mayor - Sally McGinnis Deputy Mayor McGinnis commented about red light cameras. ~ ~ ~ ~ ~ <:::::P L.:J '--' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 13, 2007 PAGE 19 OF 23 Next, Deputy Mayor McGinnis spoke on a "Families in Transition" program that she attended; and suggested that the City consider collecting food to assist these families. Deputy Mayor McGinnis commented on the Grove Counseling Center's modular units and a recent loss in funding. "I MAKE A MOTION THAT WE ASK STAFF TO LOOK AT THOSE FEES AND IF THERE IS ANY PORTION AT ALL THAT COULD BE REBATED TO THE GROVE [COUNSELING CENTER], BRING THAT BACK TO US." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MANAGER McLEMORE NOTED, "WE WILL LOOK AND SEE IF ANY - MAYBE COULD BE REIMBURSED." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Lastly, Deputy Mayor McGinnis asked about the Jesup's Reserve bankruptcy. Brief discussion. REPORTS 408. Commission Seat Five - Joanne M. Krebs Commissioner Krebs commented about representing the City at the "Annual Invitation to Serve" event. Next, Commissioner Krebs inquired about the status of the Oak Forest wall. Commissioner Krebs commented on a seminar in Washington D.C. in December related to crises responses and suggested that perhaps a Police Department employee be sent. Manager McLemore stated, "We will cover with Staff tomorrow at Staff Meeting." Commissioner Krebs said, "Good. I appreciate that." ~ ~~ -:: ~ ;g ~ c:::. :--: l:.~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 13,2007 PAGE 20 OF 23 Next, Commissioner Krebs mentioned free legal services information from the Legal Aid Society and who on Staff would share this information. With brief discussion, Mayor Bush suggested the information be given to Chief of Police Daniel J. Kerr. "I WOULD LIKE TO MAKE A MOTION TO PUT THE ISSUE OF ENFORCING THE COUNTY PREDATOR ORDINANCE - FOR DISCUSSION." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Commissioner Krebs mentioned receiving a complaint about not parking on the street. Chief of Police Kerr addressed the enforcing of Seminole County's Ordinance as just discussed. Tape 3/Side A Continuing on this issue, Mayor Bush suggested, "We voted to put it on the Agenda. When we see it, why don't we at that point Vote to Table it until the - County is finished." Attorney Garganese then mentioned legal issues that need to be looked into. Commissioner Krebs said to Attorney Garganese, "Whenever you are ready." Attorney Garganese added, "If we can't make it by the first Meeting in December, we'll let you know." "MOTION TO EXTEND FOR FIVE (5) MINUTES." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: NAY COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. ~-'~ ~ ~ .....It J ~. D-~ ~ c::::J> ~ L.-....J '--' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 13,2007 PAGE 21 OF 23 "MOTION TO MEET AGAIN TOMORROW EVENING IF THAT IS AGREEABLE WITH EVERYONE." MOTION BY COMMISSIONER MILLER." SECONDED BY COMMISSIONER BROWN WHO ADDED, "5:15 [P.M.). COMMISSIONER MILLER THEN SAID, "5:15 [P.M.); THAT IS MY MOTION." DISCUSSION. VOTE: COMMISSIONER GILMORE: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. ilf"-""=1 t__""'_.<~1 :;.:"".;': !!'-It' ".,.. ~";;';~Jl """'7,:J,J ""'-'-";;'1JO\1 ~.~' ~ Co:) ~ L--:.I L J .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS (NEW FOR THIS AGENDA) WERE NOT DISCUSSED DURING THIS SPECIAL MEETING. .:..:. REGULAR AGENDA - NEW FOR THIS AGENDA REGULAR 600. Office Of The City Manager Requesting The City Commission To Review The Terms Of The Development Agreement Between The City And Bryce Foster Corporation Providing For The Operation Of An Outdoor Neighborhood Market On Weekends And Holidays At Tuscawilla Square On Winter Springs Boulevard. This Agenda Item was not discussed during this Meeting. REGULAR 601. Utility Department Requesting The Commission Adopt The Evaluation Of Alternative Water Sources Report By CPH Engineers. This Agenda Item was not discussed during this Meeting. REGULAR 602. Office Of Commissioner Joanne M. Krebs Respectfully Requests That Commissioner Joanne M. Krebs Make An Appointment To The Oak Forest Wall And Beautification District Advisory Committee. This Agenda Item was not discussed during this Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 13, 2007 PAGE 22 OF 23 REGULAR 603. Parks And Recreation Department Requesting That The City Commission Approve Resolution Number 2007-51, Increasing Fees And Establishing New Fees To Be Paid By Individuals Or Groups For Use Of City Facilities And Program Participation. This Agenda Item was not discussed during this Meeting. REGULAR 604. Community Development Department - Planning Division Requests That The City Commission Establish The Date Of January 7, 2008 For A Joint City CommissionlLocal Planning Agency Workshop For The Purpose Of Reviewing And Commenting On The Draft Evaluation And Appraisal Report (EAR). This Agenda Item was not discussed during this Meeting. REGULAR 605. Community Development Department Requests The City Commission Provide Certain Clarifications Regarding Its Directive To Amend The Minimum Setback Requirements Within PUDs (Planned Unit Development), As Set Forth In Section 6-86. Of The City Code. This Agenda Item was not discussed during this Meeting. REGULAR 606. Community Development Department Requests The City Commission Consider The Hayes Road Plaza Final Engineering/Site Plan, Located On The South Side Of SR (State Road) 434, At The SW (South .West) Corner Of The Intersection Of SR (State Road) 434 And Hayes Road. This Agenda Item was not discussed during this Meeting. -= : ~ ~.--, I ~ "" ~ ~ ----:: L.-....J l..-..J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 13,2007 PAGE 23 OF 23 REGULAR 607. Community Development Department - Urban Beautification Services Division Requesting The City Commission To Consider The Merits Of Increasing The Scope Of Work For State Road 434 Landscape Maintenance And Authorizing A Supplemental Appropriation From The General Fund In the Amount Of $63,000.00 For Funding, In Light Of Future Year Funding Challenges. This Agenda Item was not discussed during this Meeting. REGULAR 608. Office Of The City Manager Requesting The City Commission To Hear A Presentation From Staff Regarding The Most Recent Property Tax Reform Legislation. This Agenda Item was not discussed during this Meeting. ADJOURNMENT Mayor Bush adjourned the Special Meeting at 10:27 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MAYOR NOTE: These Minutes were approved at the , 2007 Regular City Commission Meeting. . I .~ ;;,~ I ..J ~'-' ~ ..-- ~ ~ L~.J L .J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING NOVEMBER 13, 2007 CALL TO ORDER The Special Meeting of Tuesday, November 13, 2007 of the City Commission was called to Order by Mayor John F. Bush at 7:01 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. Mayor Bush thanked the VFW (Veteran's of Foreign Wars) for their assistance with the Memorial Service for former Commissioner/Mayor Philip A. Kulbes that was held prior to this Meeting. City Attorney Anthony A. Garganese was congratulated for being named "City Attorney of the Year" for the Florida League of Cities' "Cities of Excellence." Mayor Bush added, "Great job and Anthony [Garganese], you certainly deserve it, that is for sure!" • • AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS (PREVIOUSLY LISTED ON THE OCTOBER 22, 2007 MEETING AGENDA) WERE DISCUSSED IN THE ORDER AS DOCUMENTED. • • REGULAR AGENDA -PREVIOUSLY LISTED ON THE OCTOBER 22, 2007 MEETING AGENDA CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -NOVEMBER 13, 2007 PAGE 2 OF 23 REGULAR 603. Office Of The City Manager Requesting That The City Commission Make Budget Determinations Regarding The General Fund's $330,495.00 Budgeted Appropriation To Fund Balance For The Fiscal Year 2007-2008 As Well As The $3,271,605.00 General Fund Designation For Non-Recurring Special Capital Projects For Fiscal Year 2007-2008. Commissioner Rick Brown stated, "I would like to recommend that we pull [Agenda Item] `603' from November 13th to a Special Meeting given the level of discussions that will have to go along with that." "THAT IS A MOTION." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. On a suggested date for this Special Meeting, Mayor Bush suggested, "December 3ra, [2008] Commissioners?" Deputy Mayor Sally McGinnis stated, "Good." Commissioner Krebs remarked, "Yes." Commissioner Brown noted, "Good." On the time, Mayor Bush asked, "5:15 [p.m.] - is that okay with everybody?" Deputy Mayor McGinnis commented, "Yes." REGULAR 602. Office Of The City Manager Requests The City Commission To Review A Draft Of The Proposed Community Assistance Program And Make Any Changes The Commission Deems Appropriate. Deputy Mayor McGinnis asked if Staff had information on the number of requests we have received over the last year. On the issue of "tracking", City Manager Ronald W. McLemore explained, "We place that burden really on them, the Applicant to show us what they do and how well they have done it and what their stability is and all that; and then we will basically bring that information to you to say, here's the list and here are the people we think are going to give you the best return on your investment, but you will make those final decisions, not us." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -NOVEMBER 13, 2007 PAGE 3 OF 23 With further discussion, Manager McLemore noted, "If you go and look at the -award criteria, you almost have to do that if you indeed, you get put in a position where you have got to say `Yes' to some people and `No' to others. You start wanting to know who is really going to spend these dollars the best, based on their history. So, we want to try to give you a data base upon which to make those kinds of decisions. That's all we're trying to do, not really go out and audit them, but you can certainly do that." Discussion followed on dates of applicability; getting the word out, and supporting area organizations and those in Winter Springs. Mayor Bush said, "These groups will know about these dates; they will get their applications in." Manager McLemore suggested, "We would advise those that we have funded in prior years -that if you want to be refunded, you need to do it on this day -and then the word will get out." Commissioner Joanne M. Krebs recommended, "If we are going to accept the eligibility criteria that we in - 1. recommend that its organizations that provide charitable services to eligible residents of Winter Springs." Commissioner Krebs added, "I would just like it to say `Eligible' residents or something along that line." Manager McLemore noted, "I can change that wording to say "Organizations who make services available to Winter Springs residents." Commissioner Krebs remarked, "That is fine." Deputy Mayor McGinnis added, "Good." Mayor Bush said, "Okay." Deputy Mayor McGinnis noted, "There are guidelines that you can ask for that would answer the question -your concerns. Annual reports for example. What percent of their budget is used for fundraising and for services?" Mayor Bush added, "Administration costs." Deputy Mayor McGinnis then mentioned, "Other funding sources. Are they a United Way agency, for example? So, when Staff looks at the number 2. item you refer to, those are the kinds of things that I hope they examine carefully." Attorney Garganese stated, "In order to be in compliance with the Florida Constitution, two (2) things would need to be added to this with respect to eligibility requirements. The services provided must serve a municipal purpose, number one (1); and two (2), the Applicants that are awarded funding must execute a Municipal Services Agreement which will have a lot of safeguards. For example, the City will have the unconditional right to audit any of the expenditures or the funds and that will be -imposed by Agreement, in order to ensure that the funds are expended for municipal purposes, and that should be added to the guidelines." Commissioner Brown commented on how Staff would process rankings and research data. Manager McLemore explained, "What we would do is bring you the information and I don't know that I want to rank them. I would rather just give you more of the information and let you decide what you want to do." C[TY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -NOVEMBER 13, 2007 PAGE 4 OF 23 Commissioner Donald A. Gilmore spoke of his concern with advising organizations about the availability of funds and added, "I personally think that we should have a pot of money that we want to go with and as these people want it, if whoever it is, they come before us and we decide at that time if it is worthy or not, and if we want to contribute." Commissioner Brown suggested that there not bean "Open enrollment period" but instead, "I would rather see it structured in a way that we have a criteria that we follow, but it is on a case-by-case basis." Manager McLemore noted, "If I understand, you don't really want it to be part of a Budget cycle. You basically want to put some money aside every year and then whoever wants to come in, will come in during that year, whether it' mid-year or three-quarters of the way through the year..." Commissioner Brown added, "...And we evaluate it against the criteria that we will set." Manager McLemore then suggested, "You will just need to decide, this is always the hardest question, how much money are you going to put aside every year." Discussion. Commissioner Robert S. Miller said, "I would much prefer to say that we will listen to people that may have a problem but there is no guarantee that we will do anything. There is no money set aside and let them come and make their plea - if we feel it is a worthy cause on that particular evening and that particular date. If three (3) of us approve it, that is the way it will be." Further discussion. "I WILL MAKE A MOTION THAT WE CONTINUE ON WITH THE PREVIOUS ARRANGEMENT WHEREIN, PEOPLE COME BEFORE US, IF THEY WANT TO AND THEY JUSTIFY THEIR CASE; AND IF WE AGREE, THEY GET HELP. IF WE DON'T AGREE, THEN THEY DON'T GET HELP." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: NAY COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -NOVEMBER 13, 2007 PAGE 5 OF 23 REGULAR 605. Office Of The City Manager And Information Services Department Wishes To Inform The Commission On Approximate Values Of Surplus Equipment Sent To Auction And Request That Commission Determine How To Proceed With Surplus Assets Disposal. Brief discussion. "I MOVE THAT WE ACCEPT STAFF'S RECOMMENDATIONS REGARDING NOT DONATING PUBLIC PROPERTY AND CONTINUE OUR PROCESS OF DISPOSING THEM." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. Commissioner Miller spoke for the Record on computer equipment and suggested giving such to charities. Mr. Joe Alcala, IT Coordinator/Security Administrator, Information Services Department spoke on this Agenda Item. Discussion. Ms. Joanne Dalka, Director, Information Services Department addressed the City Commission. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mayor Bush added, "Motion is to accept the Manager's recommendation." REGULAR 606. Office Of The City Manager Requesting The Commission To Review The City Manager Report Responding To The Complaint Of Cyndi Read, EMS Account # 602512-01 an Appeal For EMS Transport Bill. Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Cyndi Read, Winter Springs, Florida: addressed the City Commission on her Appeal. C[TY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -NOVEMBER 13, 2007 PAGE 6 OF 23 Tape 1/Side B Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion. Commissioner Krebs noted, "I really like Option 1. where the first Appeal does go to you or the City Manager, followed by an Appeal to the City Commission. I never really want to cut off the opportunity for a citizen to come before me - and I believe that given all the right data, I can make a decision." Manager McLemore said, "Could I suggest we bring that back as another Agenda Item?" Commissioner Brown noted, "That would be great." Commissioner Krebs remarked, "That is fine." Deputy Mayor McGinnis said, "I agree." "I WILL MAKE A MOTION THAT WE DENY THE REQUEST." MOTION BY COMMISSIONER MILLER. MAYOR BUSH SAID, `SECONDED BY MR. GILMORE." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Mayor Bush then said, "Now a Motion regarding the procedure change." "MOTION TO BRING IT BACK." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -NOVEMBER 13, 2007 PAGE 7 OF 23 INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. With discussion, Deputy Mayor McGinnis asked who the new owner of Villagio was? Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department said, "I can find that information and email it to you." Discussion. Commissioner Miller commented on sprinkler damage in the Village Walk area and suggested that Mayor Bush meet with the Principal. Mayor Bush said, "I will talk to the Superintendent." INFORMATIONAL 101. Not Used. INFORMATIONAL 102. Public Works Department Providing The City Commission With Information Regarding A New LYNX Bus Route Through Winter Springs Scheduled To Begin Operation In December 2008. Brief comments were made. MOTION TO APPROVE INFORMATIONAL AGENDA. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -NOVEMBER 13, 2007 PAGE 8 OF 23 CONSENT AGENDA CONSENT 200. Police Department Requests The Commission To Approve The Purchase Of A High-Capacity Electronic Video Storage System, As Recommended By City Information Services Department, From Asset Forfeiture Funds In The Amount Of $23,453.00. Discussion. CONSENT 201. Public Works Department Requesting Authorization To "Piggy-Back" Off The Seminole County Contract IFB-3110-OS A/B For Construction Of The Intersection Signalization System Improvements At State Road 434 And SR (State Road) 419 And The Repair Of The Traffic Signal At SR (State Road) 419 And Edgemon Avenue With Chinchor Electric, Inc. Discussion. CONSENT 202. Community Development Department Requests The City Commission Adopt The Updated Official Future Land Use Map (FLUM) And Official Zoning Map. This Agenda Item was not discussed. CONSENT 203. Office Of The City Manager And Office Of The City Attorney Request That The City Commission Approve Resolution Number 2007-49 Regarding The Issuance Of Police Badges To Retired City Police Officers. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -NOVEMBER 13, 2007 PAGE 9 OF 23 CONSENT 204. Police Department This Year, The Winter Springs Police Department Applied For Funding Through The 2008 Edward Byrne Memorial Justice Assistance Grant And Was Subsequently Awarded $58,000.00 For The Purchase Of New In-Car Video Camera Systems. There was no discussion on this Agenda Item. CONSENT 205. Police Department Requesting The Commission To Give Approval For The City Of Winter Springs, Florida To Enter Into An Agreement With Seminole County Florida For Coordination Of Responsibilities Relating To The Rebanding Of The 800MHz Public Safety/Emergency Radio Communication System. This Agenda Item was not discussed. CONSENT 206. Community Development Department - Urban Beautification Services Division Requesting Approval For Expenditures Totaling $94,000.00 To Install Hardscaping Enhancements For The Town Center Trail Park Beautification Proiect. Discussion. "I MAKE A MOTION THAT WHEN WE PAY FOR THIS, WE TAKE IT OUT OF THE GENERAL FUND AND NOT THE ROAD IMPROVEMENT." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Tape 2/Side A CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -NOVEMBER 13, 2007 PAGE 10 OF 23 Discussion "I MOVE THAT WE EXPEND THIRTY THOUSAND DOLLARS ($30,000.00) FOR SIXTEEN (16) BENCHES." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: NAY COMMISSIONER BROWN: NAY COMMISSIONER GILMORE: NAY COMMISSIONER MILLER: AYE MOTION DID NOT CARRY. Mayor Bush stated, "Bicycle racks -let's have a Motion." "MOTION TO APPROVE BICYCLE RACKS." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Mayor Bush noted, "Low voltage lighting, I think the Consensus was that it be removed. It is out." Mayor Bush stated, "Street signs, let's have a Motion." "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: NAY DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Mayor Bush added, "Bronze sculptures. That is gone." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -NOVEMBER 13, 2007 PAGE 1 l OF 23 CONSENT 207. Office Of The City Clerk Approval Of The October 22, 2007 Regular City Commission Meeting Minutes. No discussion. CONSENT 208. Police Department Requests The Commission To Give Approval For The Expenditure Of Budgeted Funds For The Purchase Of Replacement Portable Radios And Their Associated Equipment. There was no discussion on this Agenda Item. "MOTION TO APPROVE" CONSENT AGENDA. MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. MAYOR BUSH ADDED, "AND THAT IS WITH THE - CHANGES TO [AGENDA ITEM] `206'." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. Mayor Bush called a Recess at 8: 39 p. m. The Special Meeting was called back to Order at 8:54 p. m. • • AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. • • CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -NOVEMBER ] 3, 2007 PAGE 12 OF 23 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. 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. Stevenson presented this Agenda Item and then read a letter for the Record. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Robert Stowell, 610 Tina Lane, Winter Springs, Florida: Mayor Bush said, "Who says he does not wish to verbally address the Commission. For the Record, he is in favor of a six foot (6') fence." Ms. Sam Nichols, 1281 Nature's Way, Winter Springs, Florida: addressed the City Commission on her property, horses, and fences. Ms. Cindy Scribner, 405 South Moss Road, Winter Springs, Florida: spoke about the fence height on her property and asked whether she needed to make any changes. Ms. Deanna Nelson, 140 East Tradewinds Road, Winter Springs, Florida: spoke of protecting her animals and maintaining safety. Mr. Donald Smith, 120 East Tradewinds Road, Winter Springs, Florida: prefers to see higher fences and supports six foot (6') fences. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion ensued. With discussion, Manager McLemore noted, "We're only talking about fences that are in front of the build-to line." Further discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -NOVEMBER 13, 2007 PAGE 13 OF 23 Mayor Bush asked, "Want them to bring it back?" Commissioner Krebs said, "I would like you to bring it back." Manager McLemore said, "We will bring back some language for you to adopt." Commissioner Krebs said, "Right." "I MAKE A MOTION FOR THE CITY MANAGER TO BRING US BACK INFORMATION REGARDING FENCES BY EXCEPTION TO INCLUDE THE TYPE OF FENCING AND THE HEIGHTS - WHAT YOU SEE IS ALLOWABLE." MOTION BY COMMISSIONER KREBS. MAYOR BUSH ASKED, "SHOULD THIS BE RESTRICTED TO CERTAIN AREAS OF THE CITY?" COMMISSIONER KREBS SAID, "YES, TO THOSE AREAS THAT WE JUST DISCUSSED -THE RANCHLANDS -THAT ALLOW LARGE ANIMALS, LARGE HORSES." MANAGER McLEMORE SAID, "WE WILL BRING YOU BACK A DRAFT ORDINANCE." SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER BROWN REQUESTED THAT LARGE FEES NOT BE INCLUDED. MAYOR BUSH SUGGESTED THAT VARIANCES ARE NOT MENTIONED. VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mayor Bush added, "I would encourage the Manager and Staff to work with some of the homeowners who took the time to come tonight." • • AGENDA NOTE: PUBLIC INPUT WAS HELD NEXT, FOLLOWED BY "REPORTS", AS DOCUMENTED. • • PUBLIC INPUT Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: spoke of Agenda Item `603' and increased Fees; and handed in a document to the City which he asked be forwarded to the City Commission. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -NOVEMBER 13, 2007 PAGE 14 OF 23 Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: mentioned her concerns with the Vendors at the Farmer's Market at Tuscawilla Square. Discussion. Mr. Mathew Matisak, 794 Seneca Meadow Road, Winter Springs, Florida: commented on Fees, and charging citizens for Services. Ms. Brenda Brown, 211 Nandina Terrace, Winter Springs, Florida: spoke of the Tuscawilla Square Farmer's Market and suggested that local Vendors be represented. Tape 2/Side B Ms. Maria Fair, 1207 Trotwood Boulevard, Winter Springs, Florida: commented that the Vendors of the Farmer's Market at Tuscawilla Square bring in tax dollars to the City. Discussion. REPORTS REPORTS 400. Office Of The City Attorney -Anthony A. Garganese, Esquire Attorney Garganese commented on the Binford v. Winter Springs case. REPORTS 401. Office Of The City Manager -Ronald W. McLemore Manager McLemore asked the City Commission if they wanted to hold just one Regular Meeting in December. Mayor Bush stated, "Let us have a Motion to have one Meeting in December on the 10tH [2007]? "SO MOVED." MAYOR BUSH REMARKED, "MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -NOVEMBER 13, 2007 PAGE l5 OF 23 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Manager McLemore asked, "I need to schedule a meeting with you relative to - as a pre- bargaining meeting (Collective Bargaining Meeting) for strategy session. It will probably take about three (3) hours; at a time when I can get you together. This is a closed session. This is not an open session." Mayor Bush said, "Can we do this on Tuesday, the 4th [December 2007]?" Deputy Mayor McGinnis said, "That is good." Manager McLemore said, "That would work well for me." Mayor Bush asked, "What time?" Commissioner Miller asked, "Morning meeting?" Mayor Bush said, "Then the Special Meeting will be Tuesday, December the 4th, 9:00 [a.m.] to 12:00 [p.m.]. This is regarding the Firefighter's Contract." Manager McLemore said, "Right." Mayor Bush asked, "And will the Firefighter's Union be represented in this Meeting?" Manager McLemore said, "No. This is a Closed Session with the Commission and your bargaining team. That's the law." Next, Manager McLemore commented on the eagle's nest and stated, "We have filed our Report and when we get it back for you, I will let you know." Regarding the County Impact Fee changes for Schools, Manager McLemore asked, "We should go back and at least ask the Commission to qualify that Ordinance by lengthening the time for which a project would be remedied from paying an Impact Fee. Right now on February 1, as of that date, if your project has not already been Permitted, then the new Fees are going to come in to play. No matter if you were just Approved - on your Final Engineering day before or six (6) months before. So, what I was hoping that we could do is ask them to reconsider to something to the effect that if a project has already been approved through Final Engineering, that it would be grandfathered in that process at least for a year." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -NOVEMBER 13, 2007 PAGE 16 OF 23 "I MOVE THAT THE CITY DO A FORMAL PRESENTATION TO THE COUNTY COMMISSION..." MAYOR BUSH ADDED, "...BE A FORMAL REQUEST..." DEPUTY MAYOR McGINNIS CONTINUED, "...REQUEST - THAT THOSE PROPERTIES THAT HAVE ALREADY BEEN PERMITTED..." MAYOR BUSH SAID, "...THOSE ARE ALREADY COVERED. IF THEY HAVE BEEN PERMITTED, THEY ARE COVERED ALREADY -THEY DON'T NEED AN EXCEPTION." DEPUTY MAYOR McGINNIS SAID, "THAT THIS WOULD NOT AFFECT THEM FOR A PERIOD." MOTION BY DEPUTY MAYOR McGINNIS. MAYOR BUSH ADDED, "MAYBE MR. McLEMORE CAN -WORD IT SO IT MAKES SENSE." MAYOR BUSH THEN SAID, "SECONDED BY COMMISSIONER KREBS." DISCUSSION. COMMISSIONER MILLER NOTED, "I WOULD LIKE TO SEE - AS A PART OF THIS, LIKE TO SEE THE CITY MANAGER PUT TOGETHER MAYBE A TWO (2) PAGER FOR US - ON POTENTIAL IMPACTS AND PRECISELY WHAT IT IS THAT WE WOULD BE PUSHING BACK." MAYOR BUSH ADDED, "I THINK WE NEED SOME DATA." COMMISSIONER MILLER THEN SAID, "WE NEED SOME SPECIFIC DATA AND I WOULD LIKE ALL OF US TO GET A COPY OF THAT." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Manager McLemore said, "Don't forget the November 29t", [2007] Brownfield's Hearing. And I want to give you a copy of a letter that I have prepared for the Public Record." Mayor Bush asked, "Motion to Approve Mr. McLemore's letter?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -NOVEMBER 13, 2007 PAGE 17 OF 23 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, CMC No Report. REPORTS 403. Office Of The Mayor -John F. Bush Mayor Bush spoke of having lunch with Oviedo's new Mayor. Next, Mayor Bush also spoke of a walk through at the University of Central Florida Incubator Program on Thursday, November 15th, 2007. REPORTS 404. Commission Seat One -Robert S. Miller Commissioner Miller mentioned the Florida League of Cities' Fiscal Stewardship Council Meeting that he attended last week. REPORTS 405. Commission Seat Two -Rick Brown Commissioner Brown asked about the status of the Public Information Officer information. City Clerk Andrea Lorenzo-Luaces said, "I would be glad to resend it." Manager McLemore said, "We will bring it back as an Agenda Item." Next, Commissioner Brown commented on the Ethics related to other Meetings that are attended by the Commission. Commissioner Brown said, "I would like to ask that we ask Anthony [Garganese] to go back with these facts and go back and get us a ruling based on the change that has happened in the make up of the THOA (Tuscawilla Homeowners Association) to see whether we're still intact in what we think is correct." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -NOVEMBER 13, 2007 PAGE 18 OF 23 "I WOULD LIKE TO MAKE A MOTION THAT WE ASK ANTHONY [GARGANESE] TO GO DO THAT." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REPORTS 406. Commission Seat Three -Donald A. Gilmore Commissioner Gilmore commented on discussions at the Florida League of Cities Legislative Conference related to public/private roads and red light camera issues. Next, Commissioner Gilmore recognized the service of our country's Veterans. Lastly, Commissioner Gilmore mentioned serving on the Tuscawilla Homeowner's Association Board of Directors and asked about spouses of Commissioners serving on City Advisory Boards and Committees. Deputy Mayor McGinnis suggested that Attorney Garganese could check on this matter also. "I WOULD LIKE TO MAKE A MOTION THAT THE CITY ATTORNEY LOOK AT THAT TOO." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REPORTS 407. Commission Seat Four/Deputy Mayor -Sally McGinnis Deputy Mayor McGinnis commented about red light cameras. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -NOVEMBER 13, 2007 PAGE 19 OF 23 Next, Deputy Mayor McGinnis spoke on a "Families in Transition" program that she attended; and suggested that the City consider collecting food to assist these families. Deputy Mayor McGinnis commented on the Grove Counseling Center's modular units and a recent loss in funding. "I MAKE A MOTION THAT WE ASK STAFF TO LOOK AT THOSE FEES AND IF THERE IS ANY PORTION AT ALL THAT COULD BE REBATED TO THE GROVE [COUNSELING CENTER], BRING THAT BACK TO US." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MANAGER McLEMORE NOTED, "WE WILL LOOK AND SEE IF ANY - MAYBE COULD BE REIMBURSED." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Lastly, Deputy Mayor McGinnis asked about the Jesup's Reserve bankruptcy. Brief discussion. REPORTS 408. Commission Seat Five -Joanne M. Krebs Commissioner Krebs commented about representing the City at the "Annual Invitation to Serve" event. Next, Commissioner Krebs inquired about the status of the Oak Forest wall. Commissioner Krebs commented on a seminar in Washington D.C. in December related to crises responses and suggested that perhaps a Police Department employee be sent. Manager McLemore stated, "We will cover with Staff tomorrow at Staff Meeting." Commissioner Krebs said, "Good. I appreciate that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING-NOVEMBER 13, 2007 PAGE 20 OF 23 Next, Commissioner Krebs mentioned free legal services information from the Legal Aid Society and who on Staff would share this information. With brief discussion, Mayor Bush suggested the information be given to Chief of Police Daniel J. Kerr. "I WOULD LIKE TO MAKE A MOTION TO PUT THE ISSUE OF ENFORCING THE COUNTY PREDATOR ORDINANCE -FOR DISCUSSION." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Commissioner Krebs mentioned receiving a complaint about not parking on the street. Chief of Police Kerr addressed the enforcing of Seminole County's Ordinance as just discussed. Tape 3/Side A Continuing on this issue, Mayor Bush suggested, "We voted to put it on the Agenda. When we see it, why don't we at that point Vote to Table it until the -County is finished." Attorney Garganese then mentioned legal issues that need to be looked into. Commissioner Krebs said to Attorney Garganese, "Whenever you are ready." Attorney Garganese added, "If we can't make it by the first Meeting in December, we'll let you know." "MOTION TO EXTEND FOR FIVE (5) MINUTES." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: NAY COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -NOVEMBER 13, 2007 PAGE 21 OF 23 "MOTION TO MEET AGAIN TOMORROW EVENING IF THAT IS AGREEABLE WITH EVERYONE." MOTION BY COMMISSIONER MILLER." SECONDED BY COMMISSIONER BROWN WHO ADDED, "5:15 [P.M.]. COMMISSIONER MILLER THEN SAID, "5:15 [P.M.]; THAT IS MY MOTION." DISCUSSION. VOTE: COMMISSIONER GILMORE: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. • • AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS (NEW FOR THIS AGENDA) WERE NOT DISCUSSED DURING THIS SPECIAL MEETING. • • REGULAR AGENDA -NEW FOR THIS AGENDA REGULAR 600. Office Of The City Manager Requesting The City Commission To Review The Terms Of The Development Agreement Between The City And Bryce Foster Corporation Providing For The Operation Of An Outdoor Neighborhood Market On Weekends And Holidays At Tuscawilla Square On Winter Springs Boulevard. This Agenda Item was not discussed during this Meeting. REGULAR 601. Utility Department Requesting The Commission Adopt The Evaluation Of Alternative Water Sources Report By CPH Engineers. This Agenda Item was not discussed during this Meeting. REGULAR 602. Office Of Commissioner Joanne M. Krebs Respectfully Requests That Commissioner Joanne M. Krebs Make An Appointment To The Oak Forest Wall And Beautification District Advisory Committee. This Agenda Item was not discussed during this Meeting. CITY OF WINTER SPRINGS, FLORIDA M[NUTES CITY COMMISSION SPECIAL MEETING -NOVEMBER 13, 2007 PAGE 22 OF 23 REGULAR 603. Parks And Recreation Department Requesting That The City Commission Approve Resolution Number 2007-51, Increasing Fees And Establishing New Fees To Be Paid By Individuals Or Groups For Use Of City Facilities And Program Participation. This Agenda Item was not discussed during this Meeting. REGULAR 604. Community Development Department -Planning Division Requests That The City Commission Establish The Date Of January 7, 2008 For A Joint City Commission/Local Planning Agency Workshop For The Purpose Of Reviewing And Commenting On The Draft Evaluation And Appraisal Report (EAR). This Agenda Item was not discussed during this Meeting. REGULAR 605. Community Development Department Requests The City Commission Provide Certain Clarifications Regarding Its Directive To Amend The Minimum Setback Requirements Within PUDs (Planned Unit Development), As Set Forth In Section 6-86.Of The City Code. This Agenda Item was not discussed during this Meeting. REGULAR 606. Community Development Department Requests The City Commission Consider The Hayes Road Plaza Final Engineering/Site Plan, Located On The South Side Of SR (State Road) 434, At The SW (South West) Corner Of The Intersection Of SR (State Road) 434 And Hayes Road. This Agenda Item was not discussed during this Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -NOVEMBER 13, 2007 PAGE 23 OF 23 REGULAR 607. Community Development Department - Urban Beautification Services Division Requesting The City Commission To Consider The Merits Of Increasing The Scope Of Work For State Road 434 Landscape Maintenance And Authorizing A Supplemental Appropriation From The General Fund In the Amount Of $63,000.00 For Funding, In Light Of Future Year Funding Challenges. This Agenda Item was not discussed during this Meeting. REGULAR 608. Office Of The City Manager Requesting The City Commission To Hear A Presentation From Staff Regarding The Most Recent Property Tax Reform Legislation. This Agenda Item was not discussed during this Meeting. ADJOURNMENT Mayor Bush adjourned the Special Meeting at 10:27 p.m. ECTFULLY SUBMITTED: ANI~ LORENZO-LUACES, CMC CITY CLERK AP OVER: `'') T. /~u:~ JO F. BUSH MAYOR NOTE: These Minutes were approved at the November 26, 2007 Regular City Commission Meeting.