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HomeMy WebLinkAbout2005 07 11 Consent Item 210- Regular Meeting Minutes, June 27, 2005 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 27, 2005 CALL TO ORDER The Regular Meeting of Monday, June 27, 2005 of the City Commission was called to order by Mayor John F. Bush at 6:30 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 Michael S. Blake, present Commissioner Robert S. Miller, absent Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. .:..:. AGENDA NOTE: PUBLIC INPUT WAS NOT HELD AT THIS TIME, BUT WAS HEARD LATER IN THE MEETING. .:..:. PUBLIC INPUT There was no Public Input taken at this time. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 100. Office Of The Mayor Presentation Of A Certificate Of Recognition To Mr. Christopher Blaha, A Junior At Winter Springs High School - In Honor Of His Excellent Assistance While Assisting The City Of Winter Springs' Information Services Department - As A Bright Futures Scholar. A Certificate of Recognition was presented to Mr. Christopher Blaha by Mayor Bush. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITV COMMISSION REGULAR MEETING ~ JUNE 27, 2005 PAGE 2 OF 31 AWARDS AND PRESENT A TIONS 101. Office Of The Mayor Presentation Of A Certificate Of Recognition To Mr. David Krauser, A Sophomore At Winter Springs High School - In Honor Of His Excellent Assistance While Assisting The City Of Winter Springs' Office Of The City Clerk - As A Bright Futures Scholar. Mayor Bush presented Mr. David Krauser with a Certificate of Recognition. AWARDS AND PRESENTATIONS 102. Office Of The Mayor DELETED Presentation Of A Proclamation Honoring The Winter Springs Fire Fighters. This Agenda Item was Deleted as noted. .:..:. AGENDA NOTE: THE FOLLOWING SPECIAL PRESENTATION WAS HELD AT THIS TIME, FOLLOWED BY THE REMAINING AWARDS AND PRESENTATIONS, AS DOCUMENTED. .:..:. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS ADD-ON 104. Office Of The Mayor Presentation From "Marble Slab Creamery". Representatives of "Marble Slab Creamery" presented complimentary samples of Ice Cream to those in attendance, in honor of their new store opening this week in the Winter Springs Town Center. AWARDS AND PRESENTATIONS 103. Office Of The Mayor Chief Deputy Sheriff Steven Harriett Of The Seminole County Sheriff's Office To Give A Presentation To The Mayor And City Commission On Sexual Predators. Chief Deputy Sheriff Steven Harriett, Seminole County Sheriff's Office, 100 Bush Boulevard, Sanford, Florida: gave a presentation on Sex Offender Management to Mayor Bush and the City Commission. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27,2005 PAGE 3 OF 31 Ms. Loida E. Rennish, Senior Crime Analyst, 100 Bush Boulevard, Sanford, Florida: explained "Seminole Empact". Mr. Mat Mathiasen, Pro Tech Database Administrator, 2549 Success Drive, Odessa, Florida: gave an overview of "Crime Trax". Discussion. City Clerk Andrea Lorenzo-Luaces left the Commission Chambers at approximately 7:03 p.m. Further discussion. Chief Deputy Harriett noted, "Chief [Dan] Kerr [Chief of Police, Police Department] has been extremely supportive in this process and his contributions have been significant. We appreciate his interest and support." CONSENT AGENDA CONSENT 200. Public Works Department Requests The City Commission Validate The Staff Recommendation Finding Nursery Road Warehouses Phase IIA To Be Built In Substantial Accordance With The Final Engineering Plans And To Accept The Potable Water And Sanitary Sewer Infrastructure For Ownership And Maintenance. This Agenda Item was not discussed. CONSENT 201. Office Of The City Clerk Requesting Approval Of The June 13, 2005 Regular City Commission Meeting Minutes. Brief discussion. "MOTION TO APPROVE COMMISSIONER McGINNIS. DISCUSSION. [CONSENT AGENDA]." MOTION BY SECONDED BY COMMISSIONER KREBS. DEPUTY MAYOR BLAKE ADDED, "IS THAT MOTION TO APPROVE CONSENT AGENDA INCLUDING THE MINUTES AS AMENDED?" COMMISSIONER McGINNIS NOTED, "YES, AS AMENDED." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2005 PAGE 4 OF 31 VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEMS WERE DISCUSSED, BUT NOT NECESSARIL Y IN THE ORDER DOCUMENTED. .:. .:. INFORMATIONAL AGENDA INFORMATIONAL 300. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Commissioner Donald A. Gilmore noted, "Referring to page 3, item (23) under the 'Harbor Winds', it states in there, the 'Primary concern was the proposed number of single-car garages, in contrast to 2 car' garages. That was a concern, but I think we also had a major concern about extra parking - for visitors even beyond the 1 and 2 car garage because those houses were all listed as two (2) bedroom with a study - or a studio which was the size of another bedroom; and three (3) bedroom with another room so that you could call them three (3) and four (4) bedrooms. I think it was more than just a discussion of single car garages." Mayor Bush added, "He is saying that also there was a concern on the additional parking." Commissioner Gilmore noted, "They had listed, I believe, twenty-eight (28) spots and when you counted them there were considerably less than what they said there was in there." Mayor Bush said to Mr. John Baker, A1CP, Senior Planner, Community Development Department, "Just check with them." Mr. Baker responded, "I will." INFORMATIONAL 301. Public Works Department - Stormwater Division Advising The City Commission On The Status Of The Project - Removal And Clearing Of The Trees And Debris At The Creeks And Canals From The Hurricanes Of 2004. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2005 PAGE 5 OF 31 INFORMATIONAL 302. Public Works Department Advising The City Commission Of The Status Of Various Capital Improvement Projects. Commissioner Gilmore said to City Manager, Ronald W. McLemore, "I understand according to the Doran traffic signal, you were having a meeting with the DOT (Department of Transportation), to see if we could keep open the opening from City Hall and - Tuscawilla Trails. How did that meeting come out?" Manager McLemore responded, "I was planning to update you on that - under my Seat tonight. " INFORMATIONAL 303. Community Development Department - Urban Beautification Services Division Requests The City Commission Review Plans By The Oak Forest Wall And Beautification District Advisory Board For A Wall Extension. Commissioner Joanne M. Krebs asked, "When was Staff going to bring back the Oak Forest Wall [And Beautification District] Wall Extension information?" Mr. Randy Stevenson, ASLA, Director, Community Development Department said, "I will get that scheduled as quickly as possible, and get that information to the Commission. City Clerk Lorenzo-Luaces returned to the Commission Chambers at approximately 7: 12 p.m. "I MOVE WE APPROVE THE INFORMATIONAL [AGENDA]." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2005 PAGE 6 OF 31 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Community Development Department - Planning Division Requests That The [City] Commission Hold A Public Hearing For The Aesthetic Review Of The New Miller School Supply Site. Mr. Baker presented his opening remarks. 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. Discussion. Tape I/Side B Further discussion ensued on the "Apple" signage. Deputy Mayor Michael S. Blake stated, "I think that logo type sign on this structure looks a lot better than what we have in our sheet here which is just spelled out across in block letter text." Then, Deputy Mayor Blake asked, "Do we have a Special Exception in our Code available that would require or allow for a different standard than the normal either Variance or Waiver provision?" City Attorney, Anthony A. Garganese noted, "You have the ability to waive or vary SR (State Road) 434 New Development Guidelines by Development Agreement." Deputy Mayor Blake remarked, "But in this case, 1 think it makes sense." Commissioner Sally McGinnis commented, "1 would support that, absolutely." "I WILL MAKE A MOTION TO APPROVE THE SITE PLAN AS PRESENTED AND DIRECT STAFF TO WORK WITH THE APPLICANT TO DEVELOP A DEVELOPER'S AGREEMENT THAT WOULD INCLUDE THE ALLOWANCE OF THE LOGO SIGN AS PRESENTED ON THE PRELIMINARY DRAWING." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MR. BAKER INQUIRED, "COULD THE APPLICANT'S FIVE HUNDRED DOLLAR ($500.00) WAIVER FEE GO TOWARDS THE DEVELOPMENT AGREEMENT?" CrTY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2005 PAGE 7 OF 31 "I WOULD LIKE TO MAKE AN AMENDMENT TO THE MOTION TO INCLUDE CREDITING FIVE HUNDRED DOLLARS ($500.00) PREVIOUSLY PAID WAIVER FEE TOWARDS THE COST OF THE DEVELOPER'S AGREEMENT." AMENDMENT TO THE MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: (ON THE AMENDMENT TO THE MOTION) COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. .:..:. AGENDA NOTE: PUBLIC INPUT WAS HELD AT THIS TIME, AS DOCUMENTED. .:. .:. PUBLIC INPUT Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: spoke on the AKC (American Kennel Club) to hold an event at the Paw Park in September. Mr. Rucci asked, "Could we talk to the folks that we rented the fence from, and maybe fix up the Training Area fence a little bit? It's still kind of a shambles from the hurricanes last year." Mayor Bush said to Mr. Rucci, "Could you send that information to the City and maybe we can get it on the City's Website as well?" Mayor Bush added, "Give it to the Clerk." Mr. Rucci noted, "Okay." Mr. Robert King, 2211 Black Hammock Road, Oviedo, Florida: thanked the City Commission for allowing him to serve on the East Rural Area Property Owners Committee, and discussed the Committee process." Deputy Mayor Blake said to Mr. King, "If there is an issue where there is not free thought available or that we are backed into a box, I would like to hear about that." Commissioner Krebs nodded in agreement. Further discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2005 PAGE 8 OF 31 PUBLIC HEARINGS 401. Community Development Department - Planning Division Requests The City Commission Conduct A Public Hearing For The 2nd (Second) Reading/Adoption Of Ordinance [Number] 2005-19, Annexing A Parcel Located At 820 S.R. (State Road) 434, Equaling Approximately 5.13 Acres And Owned By Hope L. Shull. Attorney Garganese read Ordinance 2005-19 by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Mr. Stevenson briefly commented on this Agenda Item. Discussion. "MOTION TO APPROVE ITEM '401'." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 402. Community Development Department - Planning Division - Office Of The City Attorney Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance [Number] 2005-17, Which Revises Certain Language In Section 6-193. Of The [City] Code As Related To The Location Of Fences And Walls. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- JUNE 27, 2005 PAGE 9 OF 31 "MOTION TO ADOPT COMMISSIONER KREBS. DISCUSSION. ORDINANCE 2005-17." MOTION BY SECONDED BY DEPUTY MAYOR BLAKE. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Commissioner Gilmore left the dais at 7:40 p.m. PUBLIC HEARINGS 403. Community Development Department - Planning Division Requests The Commission Hold A Public Hearing For First Reading Of Ordinance [Number] 2005-24 Which Revises The "Town Center" Zoning District's Signage Regulations. Mayor Bush remarked, "Can we have a Motion to read by 'Title' only?" "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE (VOICE VOTE AUDIBLE TO MEMBERS OF THE CITY COMMISSION, THE CITY CLERK, AND NOTED BY ATTORNEY GARGANESE) MOTION CARRIED. Attorney Garganese read Ordinance 2005-24 by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Commissioner Gilmore returned to the dais at 7:43 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2005 PAGEIOOF31 Discussion ensued on "Wayfinding" signage with Mr. Stevenson. Manager McLemore suggested, "The design of these signs is controlled - the ones that have been to Randy [Stevenson]; and their design out front, the design is accepted and - as long as you stick within that design what you put inside of it is really not restricted; and, if we don't have that written into this Ordinance, we need to." Mr. Stevenson noted, "1 would agree." Deputy Mayor Blake added, "But on these, 1 think you need to have some additional structure to define the place." Manager McLemore noted, "We're probably going to need, in my opinion, to develop the standards or at least with the Developer's and say this is the standard for the Town Center, at various tiers." Furthermore, Deputy Mayor Blake suggested, "1 would like to see it brought back with those safeguards." Additional discussion. Regarding approval of this Agenda Item Manager McLemore stated, "On these directional signs, 1 think we need to come back with some definite design standards." Mr. Stevenson inquired, "Could we go forward with all of the signs we're talking about here exceptthe directionals and we can come back and modify that Section?" "I MOVE TO APPROVE ORDINANCE 2005-24 - WITH SEPARATE ST ANDARDS FOR 'W A YFINDING' SIGNS." MOTION BY COMMISSIONER McGINNIS. MR. STEVENSON NOTED, "AND WE'LL BRING THAT BACK TO YOU WITH SOME MODIFICATIONS." SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS 404. Public Works Department Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance [Number] 2005-18 Providing For Allowing On Street Parking By Resolution. Mayor Bush remarked, "Can we have a Motion to read by 'Title' only?" "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2005 PAGE II OF 31 VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2005-18 by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. John W Masterson, 229 Blue Creek Drive, Winter Springs, Florida: as a representative of the Chestnut Estates subdivision, Mr. Masterson mentioned a neighbor who calls the Police about cars parked on the street in this subdivision. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion ensued regarding on-street parking, to which Commissioner Krebs asked, "Under this Ordinance, Anthony [Garganese], would this allow us to suspend on-street parking for let's say, periods of time - like at Christmas - the Holiday season when there is a lot of activities going on?" Attorney Garganese said, "I would think you could do that," and suggested doing that through a Resolution. Tape 2/Side A Commissioner Gilmore noted, "I think we need to generalize this situation around the problem - and the problem is, people have guests visiting and right now it is illegal to park. If you have a party at your house, it is illegal to park." Commissioner Gilmore added, "The problem is that the individual in the neighborhood that likes to call the Police on everything is making a pest of themselves and we have not addressed that in this Ordinance." Further discussion ensued on addressing other on-street parking issues. Commissioner McGinnis suggested, "I would not like to do it tonight because I would like input." Commissioner McGinnis added, "I would like to see perhaps the Police Chief come back to us, do a study on that and the sides of the roadway should be a factor. I am sure there are other variables too. I would love to see this brought before us for discussion. I do not think it should be part of this Ordinance." Discussion followed on improving the situation mentioned by Mr. Masterson, in the Chestnut Estates subdivision. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2005 PAGE 12 OF 31 Mayor Bush noted, "I think Commissioner Blake stated this and Commissioner McGinnis has agreed, that the Ordinance as written meets part of the problem that we were addressing at a previous Meeting; and to change it at this point I think would be premature, because I think we do have to hear from Code Enforcement and other people before you can make a decision on these - Commissioner Gilmore does bring up a good point. " Then, Mayor Bush remarked, "I would like to see us move forward on this Ordinance as it is and ask the Manager to come back to address these other issues that Commissioner Gilmore has brought up." Commissioner Gilmore suggested, "I wish we could work on the Issue of 'Reasonableness' ." "I MOVE THAT WE APPROVE ORDINANCE 2005-18 - MOVE TO SECOND READING." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. MANAGER McLEMORE SAID, "WE HAVE SOME REAL GOOD RESOURCES AVAILABLE TO US ON THIS ISSUE - PEOPLE THAT YOU KNOW AND WE HAVE DEALT WITH BEFORE; AND I THINK WE MIGHT WANT TO WORKSHOP THIS ONE." COMMISSIONER McGINNIS NOTED, "I AGREE." COMMISSIONER KREBS ADDED, "OKAY." MANAGER McLEMORE REMARKED, "NOT TO STOP THIS ORDINANCE, BUT SETTING OUT SOME CRITERIA AND HOW WE DO IT AND THAT KIND OF THING." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Deputy Mayor Blake said, "I would like to propose an Emergency Ordinance - passage tonight that will place a ninety (90) day Moratorium on the application of Section - Code Ordinance 12-65. in the Chestnut Estates subdivision." Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2005 PAGE 13 OF 31 "I WOULD LIKE TO MAKE A MOTION WE DIRECT THE CITY ATTORNEY TO DRAFT AN ORDINANCE THAT WOULD COMPLY WITH STATE STATUTE FOR THE REASONS I HAVE STATED, AND BRING THAT BACK TO US THIS EVENING, AT WHICH TIME WE COULD MAKE A FINDING THAT AN EMERGENCY IS PRESENT OR NOT, AND THEN GO FORWARD TO CONSIDER THAT EMERGENCY ORDINANCE." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 500. Public Works Department Advising The City Commission Of The Status Of The Proposed Installation Of Sidewalks On Northern Way, Shetland Avenue And Dyson Drive And Requesting Direction From The [City] Commission. Mr. Kip Lockcuff, P.E., Director, Public WorkslUtility Department and Mr. Brian Fields, P.E., City Engineer, Public Works Department spoke on this Agenda Item. Discussion. Commissioner Gilmore suggested, "I would like to see us move ahead with the design. 1 would like to make a commitment to do it. 1 would like to do something that we can control the design. 1 am very uncomfortable with saying to Seminole County - 'Go design this thing', because we are not going to get what we want nor, what the people want. So, 1 think that we need to control the design, but 1 am willing to go along with the project - to me this is a major safety issue." Commissioner Gilmore added, "Safety is the primary thing." Commissioner McGinnis noted, "I agree with Commissioner Gilmore." Furthermore, Commissioner McGinnis remarked, "Of course the issue of Traffic Calming as part of the sidewalks - they go hand in hand. So, 1 agree we really need to control the design - 1 think we should move ahead with this also." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2005 PAGEI40F3I "I WOULD LIKE TO MAKE A MOTION THAT WE PROCEED WITH ITEM '500' AND AUTHORIZE THE CITY TO PROCEED WITH THE DESIGN, WORKING WITH THE COUNTY ON THE FINAL DESIGN AND LETTING THE RESIDENTS OF THE COMMUNITY SEE THE DESIGNS AS THEY ARE IN PROGRESS AND AS SUCH, WE SHOULD APPROPRIATE TWENTY FIVE THOUSAND DOLLARS ($25,000.00) FOR THE DESIGN AND MAKE THE COMMITTMENT TO THE COUNTY TO PROCEED WITH THIS JOB." MOTION BY COMMISSIONER GILMORE. MAYOR BUSH NOTED, "SO THAT IS ALTERNATIVE 3." SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MR. LOCKCUFF SAID, "JUST TO CLARIFY THAT, TWENTY-FIVE THOUSAND [DOLLARS] ($25,000.00) WOULD BE FROM THE ROAD IMPROVEMENT FUND WHICH IS THE ONE CENT SALES TAX - SUPPLEMENTAL APPROPRIATION FOR FUND BALANCE." COMMISSIONER GILMORE SAID, "SHETLAND [AVENUE] - NEEDS TO BE CONSIDERED IN THIS WHOLE THING. WE ARE NOT LOOKING NECESSARILY, I DON'T BELIEVE, AT TRAFFIC CALMING, BUT WE NEED TO LOOK AT THE DESIGN. WE NEED TO BE VERY SENSITIVE TO THE PROPERTY ON THE WEST SIDE OF SHETLAND [AVENUE] HERE - YOU KNOW THERE ARE AREAS - WHERE YOU HAVE THE BANK, BUT WE ALSO HAVE THE DRAINAGE PROBLEM THERE." COMMISSIONER GILMORE ADDED, "IF WE CAN DO ANYTHING TO CORRECT THAT DRAINAGE PROBLEM WHILE WE ARE DOING THIS, WE SHOULD DO THAT." MAYOR BUSH ASKED MR. LOCKCUFF, "ON THE COMMISSIONER'S MOTION WHICH HAS BEEN SECONDED, THIS DOES INCLUDE ALL THE ROADS - THE SIDEWALKS ON ALL THE ROADS." MR. LOCKCUFF NOTED, "UNLESS AMENDED BY THE COMMISSION." VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2005 PAGE 15 OF 31 REGULAR 501. Community Development Department Requests The City Commission Review And Approve The Ranking List Of Homeowners For The Horne Again Program. The CDD [Community Development Department] Also Requests The City Commission Consider The Requests Of Meridian Community Services Group, Inc. (Meridian) To Appoint A Local Representative For The Horne Again Program And To Set A Not To Exceed Amount For Change Orders Without Commission Approval. Mr. Stevenson presented his opening comments. Discussion. Mr. Calvin Knowles, Director of Community Development, Meridian Community Services Group, Inc., 4905 34th Street South, #352, St. Petersburg, Florida: spoke to the City Commission on this Agenda Item. Further discussion. "MOVE TO APPROV AL." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Tape 2/Side B REGULAR 502. Office Of The Mayor Requests That The City Commission Discuss And With Approval Appoint Two (2) Alternate Board Members To The Code Enforcement Board. Discussion ensued on this Agenda Item. Regarding the administration of Alternates, Attorney Garganese explained the process and said, "They should be showing up for every Meeting and participating just like any Board Member, except they don't Vote." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2005 PAGE 16 OF 31 Deputy Mayor Blake added, "So, they would sit on the Board - they are Non-Voting Members..." Attorney Garganese also said, "... They are Non-Voting Members. If a - Regular Member is not there, then the first Alternate should be stepping up and Voting just like any other regular Board Member. My view is the Alternate Board Members are subject to the same attendance requirements as Regular Board Members." With further discussion, Commissioner Krebs suggested that perhaps "The Code and language should be updated" regarding the wording of suggested occupations for Code Enforcement Board Members. Mayor Bush said, "Commission, do you wish to have Alternates to the Code Enforcement Board, and if so, we need a Motion." Commissioner McGinnis noted, "Yes, I support that." "I MOVE THAT WE APPOINT ALTERNATES TO THE CODE ENFORCEMENT BOARD - TWO (2) ALTERNATES." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. "I WOULD LIKE TO NOMINATE DICK CRENSHAW FOR FIRST ALTERNATE." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: DEPUTYMAYORBLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. "I NOMINATE JIM PITTS TO BE THE SECOND ALTERNATE." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2005 PAGE I70F31 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE (VOTE WAS NOT AUDIBLE, BUT DEPUTY MAYOR BLAKE VISABLY SHOWED HE WAS VOTING "AYE") MOTION CARRIED. Mayor Bush then said, "We compensate Members of the Board don't we, who serve?" Attorney Garganese responded, "Yes, we provide a reimbursement of expenses - twenty- five dollars ($25.00) a Meeting." Mayor Bush added, "Will the Alternates also receive that compensation?" Commissioner Krebs said, "It says so in here, yes." REGULAR 503. Finance Department Requests The City Commission Establish A Policy For The Collection Of Unbilled Or Improperly Billed Stormwater Management Utility Fees. Ms. Michelle Greco, Director, Finance Department presented this Agenda Item. Discussion. "I WOULD LIKE TO MAKE A MOTION TO TABLE THE ITEM." MOTION BY DEPUTY MAYOR BLAKE. MOTION DIED FOR LACK OF A SECOND. With discussion, Deputy Mayor Blake said for the record, "I think if we fail to bill someone - I think, first off, we want to make sure since the rate has changed, that any rebilling is for the appropriate amount." Ms. Greco stated, "Correct, it would be billed at the rate at the time of non-billing." Deputy Mayor Blake added, "I think that if we are going back twelve (12) months, I think that the most we should re-bill them is no more than two (2) months at a time which means the current month's bill plus one of the old bills which would be at the old rate. In other words, it would actually - currently be less than double, but never any more than double their monthly rate." Commissioner Blake added, "In the language of the Resolution, my recommendation would be in Section 3. D., need to create language that reflects that." Commissioner Krebs noted, "I agree with that." Commissioner McGinnis said, "Yes." Commissioner Gilmore remarked, "Okay." Mayor Bush summarized, "Everybody does agree." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27,2005 PAGE 180F3I "I MAKE A MOTION THAT WE ADOPT RESOLUTION 2005-21, AS AMENDED AND DIRECT ST AFF TO MAKE THE AMENDMENT AS APPROPRIATE." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Deputy Mayor Blake said, "Is there any language in here about what happens when somebody moves?" Ms. Greco stated, "Meaning their account is inactivated and six (6) months from now we figure out that - we didn't bill them - are we going to go back and bill them?" Deputy Mayor Blake noted, "Actually that is a separate question. That is also a good question. No, my question was - pointing more towards - we have some property, whether it be a residential property or commercial property that in January - we realize that we have not billed them for the entire previous year, thus creating twelve (12) months of unbilled period of time. We begin to add that amount onto their January and then February and then March bill. In March, the property sells. They move. Thus, creating that nine (9) months still outstanding..." Ms Greco added, "... Which haven't been billed yet..." Deputy Mayor Blake said, "... Correct. So, I think it would be inappropriate to bill that onto the new owner." Attorney Garganese said, "I think if the amount exceeded a certain threshold and it was due and owing, I think it might be in the City's best interest to record a Utility Lien on the property, because that protects the City from subsequent purchases on the property." Deputy Mayor Blake added, "I would agree in the case of commercial property, residential is never going to be more than sixty-five dollars ($65.00) - under current rate structure so why don't we set the threshold to seventy-five dollars ($75.00). That would take care of most every commercial property." With discussion on Deposits, Mayor Bush asked, "Is this something that needs to corne back to the Commission at a later time?" Deputy Mayor Blake stated, "I would rather not create Deposit nightmares." "I WILL MAKE A MOTION WE SEND THIS - PIECE BACK TO STAFF TO COME BACK WITH AN AMENDED RESOLUTION THAT WILL TAKE CARE OF THE ISSUE." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2005 PAGE 19 OF 31 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. REGULAR 504. Finance Department Requests The City Commission Make A Binding Decision Regarding The Alpert's Stormwater Bill Appeal. Ms. Greco initially stated, "I'm not sure that we can really discuss this one since we didn't adopt the Policy." Mayor Bush said, "We adopted it." Ms. Greco then said, "So I can go with the one (1)..." Manager McLemore interj ected, "... Yes. .. " Ms. Greco continued, "... One (1) year Fee." With a brief explanation, Ms. Greco said, "With the Policy that was approved tonight, I recommend that the Alpert's or MZL [Business Partners] be billed for twelve (12) months of Stormwater at ninety-eight [dollars], thirty-three [cents] ($98.33), totaling - one thousand, one hundred seventy-nine dollars, and ninety-six cents ($1,179.96) and waive all Late Fees, which would be a total waived balance of eight thousand, seven [hundred] forty-two [dollars], seventy-four [cents] ($8,742.74)." Mayor Bush noted, "So this - recommendation follows what we just passed." "I MOVE THAT WE PASS ITEM '504'." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. MAYOR BUSH CLARIFIED, "THIS IS A - TOTAL OF EIGHT THOUSAND, SEVEN HUNDRED FORTY-TWO DOLLARS, SEVENTY-FOUR CENTS ($8,742.74) - IS THAT RIGHT MICHELLE [GRECO]?" MS. GRECO ADDED, "TO BE WAIVED, CORRECT." FURTHER DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. CITY OF WrNTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2005 PAGE 20 OF 31 REGULAR 505. Community Development Department Requests The City Commission Approve Subdivision/Engineering Plans For Jesup's Landing. The Proposed Final Mr. Baker and Mr. Fields presented comments on this Agenda Item to the City Commission. With a review of the recommendations and conditions, Mr. Baker explained, "There is a fourth one that I would like to request that's not - in your packet- in reviewing the Landscape Plans, we found some transformers that may not be adequately screened pursuant to Section 20-324. of the Town Center Code; and we would like to have the ability to work with them to make sure that the final product - transformers are adequately screened from any public streets or our parks." Discussion ensued on restrictions on development, water standards, and Lake Jesup, to which Commissioner Gilmore stated, "This one is going direct to Lake Jesup within a couple thousand feet. That is my concern." Commissioner Krebs also stated, "That is my concern too." Further discussion. Tape 3/Side A Further discussion ensued on the difference between Retention Ponds and Detention Ponds. "I WILL MAKE A MOTION THAT WE APPROVE ITEM '505'. I WILL TELL YOU THAT I AM NOT HAPPY WITH STORMWATER OUTFLOW, BUT I WILL RECOMMEND THE APPROVAL OF ITEM '505'." MOTION BY COMMISSIONER GILMORE. MAYOR BUSH INQUIRED, "DOES THAT INCLUDE ITEM NUMBER 4. THAT MR. BAKER MENTIONED ABOUT THE LANDSCAPING, AND SCREENING THE TRANSFORMERS?" SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. DEPUTY MAYOR BLAKE SAID, "THE CONSTRUCTION ACCESS ROUTE THAT IS LISTED IN ONE OF THE PLANS THAT IS NOT IN THE DEVELOPMENT AGREEMENT, BUT IS LISTED IN THE DEVELOPER'S AGREEMENT AS ONE THAT WILL BE DECIDED UPON AND APPROVED BY THE CITY. IT SAYS ADOPTION OF - SITE PLAN AT THIS POINT IN TIME, INCORPORATE THAT ACCESS AND ONLY THAT ACCESS." MR. FIELDS STATED, "YES, THAT IS CORRECT." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2005 PAGE 21 OF 31 THEN, DEPUTY MAYOR BLAKE SAID, "SO NO OTHER ACCESS WILL BE ALLOWED FOR CONSTRUCTION?" MR. FIELDS NOTED, "NO OTHER ACCESS FOR THE HEAVY VEHICLE TRUCK DELIVERIES." DEPUTY MAYOR BLAKE THEN ASKED, "AND THIS IS FOR THE ENTIRE DURATION OF BUILD-OUT?" MR. FIELDS RESPONDED, "THAT'S CORRECT, ALL HEAVY CONSTRUCTION VEHICLES WOULD USE THIS ROUTE." VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 506. Community Development Department - Urban Beautification Services Division Requests The City Commission Allow The Tuscawilla Lighting And Beautification District Advisory Board And City Staff To Move Forward With Public Notification For The Phase II Street Lighting And Street Sign Installation. Mr. Stevenson addressed the City Commission on this Agenda Item. Mr. Gary Hillery, Chairman of the Tuscawilla Lighting and Beautification District Advisory Committee also commented on this issue to the City Commission. With discussion, Mr. Stevenson stated, "We're looking to bring this back to the Board about August the 22nd." Attorney Garganese returned to the Commission Chambers at 9:44 p.m. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ITEM '506' AUTHORIZING THE CITY TO PROCEED WITH THE STRAW BALLOT FOR THE TUSCA WILLA LIGHTING AND BEAUTIFICATION LIGHTING ENHANCEMENTS." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH ADDED, "MOTION BY COMMISSIONER GILMORE TO ACTUALLY APPROVE THE RECOMMENDATION FROM STAFF." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2005 PAGE 22 OF 31 VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. A Recess was called at 9:48 p.m. The Meeting was called back to order at 10:00 p. m. REGULAR 507. Office Of The Mayor Requests That The City Commission Discuss A Possible "Expense Allowance"/Compensation/Pay/Funding Increase For Those That Hold The Title Of Mayor And City Commissioners For The City Of Winter Springs. Members of the City Commission discussed this issue; to which Commissioner Krebs mentioned that Commissioner Robert S. Miller had wanted to discuss this issue when he was in attendance. Deputy Mayor Blake suggested, "I would make this effective October 1 - the beginning of the fiscal year." "I WOULD LIKE TO MAKE A MOTION THAT WE SET THE NON- ACCOUNT ABLE EXPENSE REIMBURSEMENT STIPEND FOR - THE CITY COMMISSIONERS AT ONE THOUSAND DOLLARS ($1,000.00) EFFECTIVE OCTOBER 1ST, 2005 - AND WE WILL SET THE MAYOR AT ONE THOUSAND TWO HUNDRED DOLLARS ($1,200.00) ON THE SAME DATE." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2005 PAGE 23 OF 31 REGULAR 508. Office Of The City Clerk Requesting The City Commission To Determine Their Preference Of Dates For The 2005 Advisory Board And Committee Appreciation Dinner Which As In Previous Year's Will Honor The Individuals Who Serve Our Community As Members Of The City's Advisory Boards And Committees. With discussion, Mayor Bush said, "[Saturday, October] 8th and [Saturday, October] 29th", Andrea [Lorenzo-Luaces], can you check on that with Commissioner Miller?" City Clerk Lorenzo-Luaces responded, "Sure," Regarding possibly holding the event on a Friday, Commissioner McGinnis also suggested, "October ih." City Clerk Lorenzo- Luaces asked the City Commission, "Does the Commission want to include the new Ad-Hoc Committee" - East Rural Area Property Owners Committee? Commissioner McGinnis noted, "Yes. I think it is a major contribution." Deputy Mayor Blake stated, "I will go along with that." Mayor Bush asked, "Everybody in agreement?" No objections were noted. Lastly, City Clerk Lorenzo-Luaces asked the City Commission, "We will do this dinner the same as we have done in the past?" Mayor Bush remarked, "You do it just like you have done it in the past Andrea [Lorenzo-Luaces]." Commissioner McGinnis suggested, "Go for a Friday." REGULAR 509. Community Development Department Requesting The City Commission Consider And Approve A Revised Final Engineering/Site Plan For A 4,800 Square Foot Transmission Shop On 0.95 Acre Along U.S. [Highway] 17 - 92, North Of Boat Lake And South Of Shepard Road (More Specifically, Just North Of Cycle Riders And A Group Of Small Businesses, Including Brucato's Window Tinting, Kids Furniture Gallery, Boxes To Go, And A Print Shop - The Site Is Immediately South Of Five Points Motors). Mr. Baker introduced his opening remarks. "I MAKE A MOTION WE APPROVE THE ENGINEERING SITE PLAN FOR THE TRANSMISSION SHOP ITEM '509'." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2005 PAGE 24 OF 31 VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 510. Not Used. REGULAR 511. Office Of The Mayor Requests That The City Commission Discuss Issues Discussed At A Recent "Joint City/County Advisory Committee Meeting" And "Mayor And Managers Group Meeting" . Mayor Bush presented this Agenda Item. Deputy Mayor Blake said, "What 1 am looking here for is the cost estimate - how would this fifty million [dollars] ($50,000,000.00) be paid for and the ongoing twelve million [dollars] ($12,000,000.00) in operating?" With brief discussion, Deputy Mayor Blake then asked, "And what - would the Millage be on that? Do we have any ideas?" Furthermore, Deputy Mayor Blake noted, "For supporting it, 1 think that is an important piece to the puzzle - is just - what does fifty million [dollars] ($50,000,000.00) in Capital and another twelve million [dollars] ($12,000,000.00) in Operating - in terms of the Millage?" Manager McLemore said, "I don't think we ever got a final answer on that." With further brief discussion, Manager McLemore, "Certainly get back to you though by - the first meeting in July." Further brief discussion. "I WOULD BE WILLING TO MAKE THE MOTION THAT THE - CITY OF WINTER SPRINGS SUPPORTS THE CONCEPT OF PROVIDING - OPTION A:, LEVEL OF SERVICE THE LIBRARY SERVICES COUNTY-WIDE, SUBJECT TO THE COST CONSIDERATIONS THAT ARE PRELIMINARY AT THIS POINT." MOTION BY DEPUTY MAYOR BLAKE. MOTION DIED FOR LACK OF A SECOND. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27,2005 PAGE 25 OF 31 Mayor Bush stated, "I still say if they are not going to bring them all up to reasonable status, it is just better to leave them alone, not do it - halfway." Commissioner McGinnis stated, "I think we need to support it." Commissioner Krebs stated, "I can support that too." Mayor Bush added, "We can get more information." Mayor Bush said, "Do we need a Motion on that?" "SO MOVED." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. REGULAR ADD-ON 512. Office Of The City Manager Requesting The City Commission Decide Issues Related To Health Insurance Coverage. Manager McLemore introduced Ms. Fluffy Bellus. Ms. Fhiffy Bellus, Bellus Insurance Services, 1251 Miller Avenue, #B, Winter Park, Florida: presented background information on her services. Tape 3/Side B Discussion ensued on HSA's (Health Savings Accounts), to which Deputy Mayor Blake stated, "I would be very interested to see how a HSA (Health Savings Account), might work for the City." Ms. Bullus noted that employees would have to "Meet a thousand or two thousand dollar ($2,000.00) deductible." Deputy Mayor Blake remarked, "Yes, but if the employer funds it - it can go towards a retirement balance. . ." Manager McLemore said, "... Those are the kind of options we want to look at, definitely for the future. And my opinion is we are going to need to look at it - for the future. So, we want to be able to come back to you with a recommendation on that." Ms. Bellus added, "I had a packet that explained all of them - I don't think it was in this packet, I think it was in last year's packet. But, I'll get that to you if you'd like to see it." Deputy Mayor Blake said, "Okay." Much discussion ensued on the Bid Results for the different Health Insurance Plans. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2005 PAGE 26 OF 31 Deputy Mayor Blake said, "1 personally would recommend that we not offer the 'HMO Select' ." Commissioner McGinnis stated, "I am comfortable with that." Discussion. "I MAKE A MOTION WE USE THE - OPTION - HMO 1 WITH THE ENHANCED DRUG CARD AT $10/ $20/ $50 AT $312.73 EMPLOYEE RATE AND THE 'POS' AS AN OPTION." MOTION BY DEPUTY MAYOR BLAKE. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER KREBS." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. "MOTION TO EXTEND." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING EMERGENCY ORDINANCE AND ISSUE WAS DISCUSSED PREVIOUSLY DURING PUBLIC HEARINGS AGENDA ITEM "404", AND THEN FURTHER DISCUSSED NEXT, AS DOCUMENTED. .:. .:. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS ADD-ON 405. Office Of The City Attorney Requests The City Commission Discuss Emergency Ordinance Number 2005-25. "MOTION TO READ [ORDINANCE] 2005-25 BY 'TITLE' ONLY." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2005 PAGE 27 OF 31 VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. John W Masterson, 229 Blue Creek Drive, Winter Springs, Florida: as the President of the Chestnut Estates subdivision, Mr. Masterson spoke in favor of this proposed Emergency Ordinance. Mr. Masterson also stated, "1 don't know if this is something that can be reviewed after - ninety (90) days, if we still have the situation?" Mr. Masterson added, "So, this is something at that point we could come again and approach you folks and see if that might be able to be extended at that point." Brief discussion. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I WOULD LIKE TO MAKE A MOTION THAT THE - CITY COMMISSION OF WINTER SPRINGS FINDS THAT IN FACT THERE IS AN EMERGENCY IN EXISTENCE AND MOVE FOR THE IMMEDIATE PASSAGE OF EMERGENCY ORDINANCE 2005-25 ADOPTING IT - WITH AN EFFECTIVE DATE AS OF THIS EVENING." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED NEXT, BUT NOT NECESSARILY IN THE ORDER DOCUMENTED. .:..:. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2005 PAGE 28 OF 31 REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese spoke for the Record on the Rook Annexation lawsuit and stated, "The City prevailed." REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore mentioned a meeting with FDOT (Florida Department of Transportation) regarding downgrading State Road 434, and stated, "I will bring to you on the first Meeting of July, a Resolution for you to pass, in support of that effort." Further discussion. Next, Manager McLemore mentioned going out of town and added, "I may not be back Monday [July 11,2005], if that's okay with you - for that Meeting." Also, regarding the July 11 t\ 2005 Regular City Commission Meeting, Manager McLemore stated, "We will have a very friendly Agenda." Furthermore, regarding the second Regular July City Commission Meeting, Commissioner McGinnis stated, "I won't be here." Commissioner Gilmore also noted, "I won't be here." Deputy Mayor Blake then also remarked, "I won't be here." Mayor Bush clarified that "We will only have one (1) Meeting in July. It will be July 11 t\ [2005]." REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces City Clerk Lorenzo-Luaces asked whether there was Consensus by the City Commission on the gender neutral language mentioned in the Code related to the Code Enforcement Board, as this issue was touched on during the discussion of Regular Agenda Item "502." Mayor Bush said, "We were going to ask for a consensus now, basically to - rewrite the recommended professions..." Commissioner Krebs added, "...Make it gender friendly." Deputy Mayor Blake noted, "It should be gender neutral." With discussion, Mayor Bush asked the City Commission, "Are you in agreement that it should be gender neutral?" Commissioner Krebs responded, "I am in agreement that it should be gender neutral." Commissioner McGinnis said, "Absolutely." Further discussion. Tape 4/Side A CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2005 PAGE 29 OF 31 Secondly, City Clerk Lorenzo-Luaces mentioned that Employee Recognition Awards will be presented next at the July 11 t\ 2005 Regular City Commission Meeting. REPORTS 603. Commission Seat Three - Donald A. Gilmore No Report. REPORTS 604. Commission Seat Four - Sally McGinnis Commissioner McGinnis spoke about a good solution to the Budget Workshop discussion related to Police Department staffing. Manager McLemore noted that he and Chief Kerr had discussed this issue and "1 am comfortable that the two (2) of us can get together and put together the data you need to make what 1 would consider a good intelligent decision and offer you some alternatives to look at." Manager McLemore added, "We can get that for you relatively soon." REPORTS 605. Commission Seat Five - Joanne M. Krebs Commissioner Krebs further spoke of a Code Enforcement Board Appointment. Secondly, Commissioner Krebs then brought up the issue of Eminent Domain. Discussion. Thirdly, Commissioner Krebs mentioned receiving a letter related to Hospice, to which Mayor Bush stated, "1 have responded to that." Commissioner Krebs then said, "1 was going to ask if! could." Mayor Bush noted, "You can too." With additional discussion on this issue, Deputy Mayor Blake suggested to Commissioner Krebs, "It might be appropriate for you to make a Motion to have a Resolution from the City as well." Commissioner Krebs said, "Okay. And the Mayor would sign it - and it would be from all of us?" Mayor Bush remarked, "The Commission would approve the Resolution and we would mail them the Resolution." Deputy Mayor Blake added, "You can still do it on your own too." COMMISSIONER KREBS ST A TED, "I WOULD LIKE TO MAKE THAT MOTION." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27,2005 PAGE 30 OF 31 MAYOR BUSH SAID, "MOTION THAT WE HAVE A RESOLUTION IN SUPPORT OF HOSPICE." VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Lastly, Commissioner Krebs mentioned the recent Lorie Taylor Memorial Ceremony held on June 18,2005; and then read a poem on Volunteers. REPORTS 606. Office Of The Mayor - John F. Bush Mayor Bush mentioned the Moss/Haynes Road Turn Lane. Mayor Bush said the Moss Cove Homeowner's Association had lost most of their funds in the Wyman Fields bankruptcy and noted, "I have asked the President to come and talk to the Commission about that." A. Discussion Of Summer Meetings This was discussed earlier under Manager McLemore's "Report". REPORTS 607. Commission Seat One - Robert S. Miller Absent. REPORTS 608. Commission Seat TwolDeputy Mayor - Michael S. Blake Deputy Mayor Blake stated, "Fire Stations. We were going to be checking on the property that we have over here on Tuskawilla [Road] next to Creek's Run. Have we begun that process?" Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2005 PAGE 31 OF 31 Secondly, Deputy Mayor Blake asked, "Have we any information about this Blumberg property, right next to City Hall here - that is for sale, was under Contract? Is no longer under Contract?" With brief discussion, Deputy Mayor Blake remarked, "I was just thinking in terms of locations for the Fire Station. I think that is really something that we need to start to nail down - is where it needs to be and start working towards something else - the acquisition of the property. Because if we are going to continue to build and we are going to have five (5), six (6) story buildings in the City, we are going to start to have to make provisions for a house to keep a ladder truck." Manager McLemore commented, "Unless you all want to turn me around - we're thinking about this site right out here in front of the City Hall - it's plenty big." Deputy Mayor Blake then said, "If that works, that is great." .:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. REPORTS REPORTS 606. Office Of The Mayor - John F. Bush Mayor Bush mentioned the Special Meeting on Broadband, scheduled for July 5, 2005, currently scheduled to begin at 6:00 p.m. Mayor Bush stated, "I would like to change the Meeting time to 6:30 [p.m.], rather than 6:00 [p.m.]. Is there any objection?" No objections were noted. Mayor Bush summarized by saying, "Okay then, that Meeting will be at 6:30 p.m. on July 5th, [2005]." ADJOURNMENT A LORENZO-LUACES, CMC CLERK ) t:Ju~L NOTE These Minutes were approved at the J ulv 11 , , 2005 Regular City Commission Meeting.