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HomeMy WebLinkAbout2006 10 09 Consent 409 Approval of September 25 Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 25, 2006 CALL TO ORDER The Regular Meeting of Monday, September 25, 2006 of the City Commission was called to Order by Mayor John F. Bush at 6:32 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, present Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, arrived at 6:37 p.m. City Attorney Anthony A. Garganese, present A moment of silence was held followed by the Pledge of Allegiance. PUBLIC HEARINGS AGENDA (PART I) PUBLIC HEARINGS 200. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2006-50, Which Establishes The Final Operating Millage Rate For Fiscal Year 2006-2007 For The City Of Winter Springs At 4.2919 Mills Which Is 9.50% Above The Rolled-Back Rate Of 3.9'195 Mills And The Final Voted Debt Service Millage Rate For Fiscal Year 2006-2007 For The City Of Winter Springs At .1100 Mills. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: spoke on the Budget advertisement in the newspaper. Mayor Bush closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 2 OF 27 Ms. Michelle Greco, Director, Finance Department briefly addressed the City Commission. Commissioner Robert S. Miller spoke for the Record about a reduction in the Mill Rate. "MOTION TO APPROVE" [RESOLUTION NUMBER 2006-50]. MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS 201. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2006-51, Establishing The Final Budget For Fiscal Year 2006-2007. 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 ensued on the "Bear Creek Boardwalk" and "Fire Engine" being added to the Budget. City Manager Ronald W McLemore arrived at 6:37 p.m. Mayor Bush asked Manager McLemore, "Is the ['Bear Creek Boardwalk'] bridge and the Fire Truck ['Fire Engine'] in this Budget?" Manager McLemore stated, "Yes." Deputy Mayor Michael S. Blake asked about the funding for the "Fire Engine", to which Manager McLemore said "It is fifty percent (50%) from the General Fund and fifty percent (50%) from the Medical Transport Fund." Ms. Greco added, "It should be transferred in from the Medical Transport Fund into the General Fund because you can't split the Asset, so the Asset has to fully come out of the General Fund and we're transferring a 150 over, and then it should be reduced by the trade-in value." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 3 OF 27 Much discussion ensued with Fire Chief Timothy J. Lallathin. Deputy Mayor Blake stated, "I would like to propose that we have in the Budget the fifty thousand dollars ($50,000.00) for the ['Bear Creek Boardwalk'] bridge as was discussed and another Line Item amount that is fifty thousand dollars ($50,000.00) split between the two (2) funding sources that were already discussed to provide for a not longer than ten (10) year Lease Note on a Fire Truck at mid-point of the year if, and only if we go through - this Commission goes through an analysis and gets a full report of exactly what the ten (10) year plan is for Fire Services as we approach build-out in Winter Springs." Further discussion. Deputy Mayor Blake said "My recommendation is it really leaves the door open for that to occur if the Commission upon doing that analysis or receiving that Report feels it is necessary. It provides the funding source there for it to happen." Reiterating his suggestion, Deputy Mayor Blake remarked, "To fund the ['Bear Creek Boardwalk'] bridge, which is fifty thousand dollars ($50,000.00) in the Budget as is reported, and to provide for fifty thousand dollars ($50,000.00) in the Budget shared equally between the Transport Fund and the General Fund. At mid-point of the year which is April 1 st, if the Commission deems it necessary to in fact replace the "Fire Engine" in this fiscal year. What that will provide for is a ten (10) year Lease Note on the Truck ['Fire Engine'], which is very prudent for a piece of equipment that is going to last fifteen (15) or twenty (20) years." "I WOULD LIKE TO MAKE A MOTION WE APPROVE - RESOLUTION 2006- 51 AS PRESENTED, WITH THE EXCEPTION OF THE LINE ITEM ON THE FIRE TRUCK. THE FIRE TRUCK WILL SHOW FUNDING AT TWENTY -FIVE THOUSAND DOLLARS ($25,000.00) FROM THE GENERAL FUND, TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) FROM MEDICAL TRANSPORT FUND, WHICH WOULD BE AUTHORIZED TO BE SPENT APRIL 1ST, 2007 SUBJECT TO THE COMMISSION'S APPROVAL AFTER RECEIVING A LONG-RANGE TEN (10) YEAR FIRE SERVICES CAPITAL SPENDING PLAN, REPORT - THOSE DOLLARS WOULD BE SUFFICIENT TO FUND A TEN (10) YEAR LEASE PURCHASE NOTE IF THE COMMISSION OPTED TO NOT UTILIZE THAT, THEN IN THE NEXT FISCAL YEAR THEY COULD FULLY FUND IT IF THEY SO DESIRED AT THAT TIME." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 4 OF 27 VOTE: COMMISSIONER McGINNIS: NAY DEPUTYMAYORBLAKE: AYE COMMISSIONER KREBS: NAY COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC INPUT Mr. Greg Ferraro, 307 Cello Circle, Winter Springs, Florida: speaking on behalf of the "Friends of Leash Optional Parks", Mr. Ferraro thanked the City for the Dog Park. Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: spoke on the Budget items just discussed; spoke on the merits of the Meals on Wheels Program; and mentioned a campaign contribution he returned. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Office Of The Mayor Presentation Of Resolution 2006-43 To Mr. Ned Voska For His Service On The Planning And Zoning BoardlLocal Planning Agency. Mayor Bush presented a Resolution to Mr. V oska for his contributions to the Planning And Zoning Board/Local Planning Agency. Commissioner Joanne M. Krebs complimented Mr. Voska on his valued assistance and service to the City. Tape 1/Side B PUBLIC HEARINGS AGENDA (PART II) PUBLIC HEARINGS 202. Public Works Department Requests The City Commission Receive Information Relative To The Widening Of US Highway 17-92 From Shepard Road To Lake Mary Boulevard. Ms. Lynne Marie Whately, AICP, Senior Project Manager, Carter Burgess, 1000 Legion Place, Suite 1400, Orlando, Florida: spoke for the Record on her employer. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 5 OF 27 Mr. Eric Wooley, Project Engineer, Carter Burgess, 1000 Legion Place, Suite 1400, Orlando, Florida: addressed the City Commission. Ms. Whately stated, "We will not need to acquire any additional right-of-way for the road itself, only for the off-site stormwater ponds." Furthermore, Ms. Whately mentioned, "Probably the most significant environmental issue we might have on this project is going to be noise." Continuing, Ms. Whately noted, "We have a public Workshop on this project scheduled for October 5th which is next week, Thursday, at 5:30 p.m. It is at the Seminole County Extension Auditorium which is off West County Home Road." 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. REGULAR AGENDA REGULAR 300. Office Of The City Manager Requesting The City Commission To Approve A Study Outline For Possible Changes To The City's Defined Benefits Pension Plan. [Requesting The City Commission To Approve Resolution 2006-52 Providing A Study Methodology Related To Possible Changes The Commission May Desire To Make To The City's Defined Benefit Pension Plan.] Manager McLemore introduced this Agenda Item and stated, "Consistent with the way we address major Policy issues in the City, I have developed a study methodology for you - we adopt by Resolution as a confirmed way that we're going to approach the project and everybody has common expectations of what we're going to achieve and how we are going to try to move in that direction." Commissioner Krebs remarked, "It doesn't address some of my questions." Continuing, Commissioner Krebs stated, "Something I wanted to learn about was Fiduciary responsibilities, as it pertains to us; as it pertains to the Board of Trustees and I want to talk about if we are covered under Insurance, if they are covered under Insurance, but I don't see any of this on here and I am just wondering - if we pass this, does this mean we have to stick to this outline, exactly as it is or can we deviate from it?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 6 OF 27 Manager McLemore responded, "The Commission can deviate from it, if it chooses to, to amend it - that means that you have a Vote to deviate from it, then it's deviated from. Now if there are other pieces of information you want me to acquire for you as part of this process, I will be more than happy to do that." Mayor Bush stated, "I think that is what Commissioner Krebs is asking - is to include this..." Commissioner Krebs stated, ". . . Right." Commissioner Krebs continued, "For the very first suggested day, the 2ih, [of September] - what we were talking about was just fact finding information - it was an informational Agenda, supposed to be. It is more rigidly structured and it doesn't even have some of the questions that I have been asking all along, that - Commissioner Blake had brought up back in March regarding Fiduciary - I want that there; 1 want to be able to ask those questions. Also, on the 27th [of September], with all these people that were going to be there, was there going to also be a Question and Answer session - 1 don't see any of that here either, so 1 was just wondering, how does that get addressed? 1 don't want to be held to something, and if 1 have to be held to something, then 1 want it put in." Manager McLemore said, "This was not intended to be necessarily a specific Meeting Agenda; this was to be the things to be covered and all we have to do - if you want to ask questions about - the Fiduciary issue, you can certainly do that. You'll have two (2) or three (3) people there that can answer those for you, very readily. And it certainly is wide open for questions as these presentations are made. But what we did want everybody to understand is - if we're going to go in this in an organized way, we need to have some structure by which it goes, and you can amend, to and add your structure as you feel necessary. 1 will be more than happy to add that to the list ofthings to discuss." Brief discussion followed on the "Unified citywide - Defined Benefit Pension Plan." Continuing, Commissioner Krebs asked, "Do 1 bring up my questions at the Workshop. . ." Manager McLemore responded by saying, "... Sure." Furthermore, Commissioner Krebs remarked, "I just didn't want to be held to just exactly what was here and me have a question and then someone say, 'Commissioner, that was not here for discussion tonight'." Manager McLemore noted, "That was sent to the presenters and it basically - we said, we'd like to cover these topics and if there are other topics to be brought up, you can certainly bring them up in that Meeting. The focus as 1 understand it was to talk about the various kinds of Plans and options that you could look at as different kinds of Plans. The Fiduciary is a question that cuts across all Plans." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 7 OF 27 Commissioner Krebs pointed out to Manager McLemore, "Always, I wanted to know about the Fiduciary responsibilities as it pertains to me, and - as the current Plan dictates. " With further discussion, Mayor Bush said to Manager McLemore, "What Commissioner Krebs is asking, is there someplace in this outline, we could put in the Fiduciary responsibility - explanation." Manager McLemore remarked, "Sure - absolutely." Commissioner Krebs stated, "Yes." Mr. Bryon Giltz, 1001 Troon Trace, Winter Springs, Florida: commented on the upcoming Workshop and stated, "The management of the Plans which is a lot more comprehensive, all the methodology that goes into these Plans and really where the Fiduciary roles come in - I was hoping that they would cover those with you." Manager McLemore commented that, "Your Pension Attorney will be here; your Actuary will be here, and your Labor Attorney will be here, as resource people, to help fill in and answer questions." As to Board of Trustees Members attending the Workshop on September 27, 2006, Mr. Giltz suggested that perhaps the Clerk might contact the Board of Trustees. Additionally, Mr. Giltz stated, "As far as input, you mentioned the City Commissioners. I am sure the [Board of] Trustees would like to be able to ask questions, and I would hope that you would allow any input from the public." Manager McLemore said, "Our Consultant's will be here as resource people and you can ask them questions. If there are areas that are not covered by your presenters, they can cover those areas - and you should have all the people here you need to hear all ins and outs." Discussion. "I MAKE A MOTION TO APPROVE RESOLUTION 2006-52 FOR THE STUDY METHODOLOGY FOR THE PENSION PLANS - INCLUDING THE FIDUCIARY RESPONSIBILITIES." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETINQ - SEPTEMBER 25, 2006 PAGE 8 OF 27 REGULAR 301. Office Of The City Manager Requesting The City Commission To Hear A Budget Request From Sherry Fincher, Executive Director Of Meals On Wheels. Mayor Bush stated, "We need to have a Motion to remove it from the Table." "MOTION TO REMOVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Ms. Sherry Fincher, Executive Director, Meals on Wheels, ETC., 2801 South Financial Court, Sanford, Florida: addressed the City Commission. Discussion. Regarding the related services, Ms. Fincher stated, "We can fund strictly the home delivered meal aspect of it." Furthermore, Ms. Fincher noted, "Your money will stay right in Winter Springs and it can go to whatever particular service." "I MOVE THAT WE - SUPPORT MEALS ON WHEELS ETC., FOR WINTER SPRINGS RESIDENTS FOR FIVE THOUSAND DOLLARS ($5,000.00)." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. "I WILL AMEND THE MOTION TO SPECIFY THAT THE MONEY IS USED FOR - MEALS DELIVERED TO HOMES OF RESIDENTS IN WINTER SPRINGS." AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: NAY COMMISSIONER GILMORE: NAY DEPUTY MAYOR BLAKE: NAY MOTION DID NOT CARRY. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 9 OF 27 Tape 2/Side A Discussion. DEPUTY MAYOR BLAKE STATED, "THERE WILL BE ANOTHER ONE AFTER THIS THAT IS A REALLY GREAT CAUSE AND ANOTHER ONE AFTER THAT THAT IS A REALLY GREAT CAUSE AS WELL, AND I THINK WE REALLY NEED TO BUILD A POLICY AND PERHAPS FUND, A FUND OF CHARITABLE GIVING WHICH WE DISCUSSED BEFORE AND IT DIDN'T HAPPEN." COMMISSIONER KREBS REMARKED, "THERE ARE A LOT OF CAUSES OUT THERE THAT NEED OUR HELP, BUT I AM VERY, VERY SURPRISED THAT THE COMMISSION, LAST COMMISSION, THE COMMISSION BEFORE THAT HAVE NEVER SET POLICY, SO WHY DON'T WE DO THAT?" COMMISSIONER KREBS ADDED, "PUT AN ITEM ON, LET'S SET POLICY - DO WE HAVE A POLICY." DEPUTY MAYOR BLAKE ADDED, "OUR POLICY BEFORE WAS - WE WERE NOT HONORING REQUESTS FOR DONATIONS AND OVER THE LAST SIX (6) MONTHS OR EIGHT (8) MONTHS, OVER THE LAST YEAR REALLY, WE HAVE BEGUN TO DO THAT, BUT WE HAVE BEGUN TO DO SO WITHOUT THE POLICY THAT I AM TALKING ABOUT WHICH MAKES A DETERMINATION AT BUDGET TIME WHEN IT IS TIME TO BE DONE AND CREATE A LINE ITEM - FIRST OFF, DECIDE, ARE WE GOING TO ENTERTAIN REQUESTS FOR DONATIONS, OR ARE WE NOT? IN THE PAST WE HAVE NOT. IF WE ARE GOING TO ENTERTAIN REQUESTS FOR DONATIONS, HOW IS IT GOING TO BE FUNDED; HOW IS IT GOING TO BE BUDGETED; AND WHERE IS THE MONEY GOING TO COME FROM?" COMMISSIONER SALLY McGINNIS SAID, "I BELIEVE SOME MONTHS AGO THIS ISSUE WAS, WE DID DISCUSS ESTABLISHING CRITERIA. DOES ANYBODY ELSE RECALL THIS, WE ASKED IF WE COULD BEGIN TO EXAMINE WHAT OTHER CITIES...?" COMMISSIONER McGINNIS CONTINUED, "...WE NEED TO DO THAT." VOTE: (ON THE ORIGINAL MOTION) COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: NAY COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 10 OF 27 REGULAR 302. Public Works Department - Stormwater Division Requests The City Commission Review The Stormwater Utility Fee Adjustment Request By Michael D. Jones Of 560 Dunmar Circle Pursuant To Section 19.166. Of The City Code Of Ordinances. Mr. Damon A. Chase, Esquire, 250 International Parkway, Suite 250, Lake Mary, Florida: representing Mr. Mike Jones, briefly addressed the City Commission for the Record regarding a lawsuit. City Attorney Anthony A. Garganese said, "Right, you were served with the lawsuit from Mr. Jones filed a Declaratory Relief Action regarding the imposition of stormwater fees on this property. My recommendation at this juncture is just to complete this Hearing. My understarIding, because I wasn't at the last Meeting, but I did review the Record, is that one piece of supplemental information, I guess the Commission is asking for that information, and I would just limit the presentation to that piece of information." Mayor Bush asked, "What is that information, Anthony (Garganese)?" Mr. Garganese stated, "It's just engineering data relative to the drainage of the subject property and surrounding property. " Mr. Kip Lockcuff, P.E., Director, Public WorkslUtility Department said, "You were looking for the evidence that the stormwater runs offMr. Jones' property. We were able to, with the assistance of CPH (Engineers) locate this topo map from 8t. Johns of 2001. Both Brian (Fields) and I looked at it - clearly run off from Mr. Jones leaves the property - Mr. Jones' property is in the blue - outlined in the blue. This is his residence. The residence is at the high point, the lines indicate elevation change. Clearly nothing that falls west of the residence flows into this wetland area that has an outfall down here, through Dunmar Estates and into the Little Lake Howell Basin." Mr. Terry Zaudtke, P.E., DEE, Executive Vice President, CPH Engineers, 1117 East Robinson Street, Orlando, Florida: said, "Kip (Lockcuff) called me and asked me if I could locate some current or as relatively current as we could find, the aerials. We went onto the 8t. Johns Website and were able to find these one foot (1') contour aerials. It is also our opinion that water does drain off of this property into systems that would be jointly used by the City and in their jurisdiction." Discussion. Mr. Chase objected for the Record on the information. Further discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE II OF 27 Manager McLemore said, "Just for the Record, the engineering decision was made by your Professional Engineers prior to - that went into the decision - that I made. An Appeal was made by Mr. Jones and in order to, I thought to be fair to Mr. Jones, I asked the Staff to come back, in order for you to give as fair Hearing as you could, substantiate the engineering data upon which a decision, you could make a fair decision on whether in fact, this property drains into the creeks that we have to maintain in order for the creeks to take the drainage out, as an outfall. So the only purpose of me asking for this was to try to help you make a good solid decision and to be fair to all parties." "BASED ON THE EVIDENCE THAT HAS BEEN PROVIDED FOR US, I WOULD LIKE TO MAKE A MOTIo.N THAT THE CITY COMMISSION UPHOLD THE CITY MANAGER'S DECISION AND FIND, BASED ON THE FACTS OF THE RECORD, THAT THE PROPERTY IN QUESTION OF 560 DUNMAR CIRCLE, IS SUBJECT TO THE STORMWATER FEE FROM WINTER SPRINGS." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 303. Community Development Department Requests The City Commission Approve A Site Development Permit Agreement With Tousa Homes, Inc. For Site Clearing At Sonesta Pointe. Mr. Brian Fields, City Engineer addressed the City Commission on this Agenda Item and mentioned for the Record that Tousa Homes is the parent company of Engle Homes. Manager McLemore said, "The Commission had requested that I try to negotiate some contributions to the Tree Bank; this is not a requirement under the plan. I did, as I've done with a couple of others, discussed with the Developer a consideration of five hundred dollars ($500.00) per specimen tree and we have had recent discussions, as recent as last Wednesday, I believe, and he is in agreement to twenty thousand dollars ($20,000.00) for the specimen trees, but he is not in agreement to the thirty-nine thousand [dollars] ($39,000.00). So, I need to make you aware of that. There's nothing mandatory for that. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 12 OF 27 The five hundred dollars ($500.00) a tree is something that I've used just for negotiations purposes and so I need to get some direction from the Commission as to where you want to go with this. Do you want to make a counter-offer on it, we can do that." Deputy Mayor Blake said, "Within their plan, is there provision being made to save any of those large century oaks?" With discussion, Mr. Randy Stevenson, ASLA< Director, Community Development Department stated, "There are seventy-eight (78) ~pecimen trees that qualify for specimen trees that are being taken out." Mayor Bush noted, "I would like to recommend the Commission ask the Manager to go back and do a little more negotiating; that is too many specimen trees." Commissioner Krebs said, "Absolutely." Commissioner Miller stated, "I agree." Manager McLemore said, "We have to be very careful here. It's very clear your tree order does not apply to this property, so we're trying to work out some solution and I'll go back to say we've got to have a better proposal than this to work with." Deputy Mayor Blake said, "I am familiar with what the site looks like. I've been on it. I'm familiar with what the site plan looks like; I've seen it. I am familiar with, to the extent possible with some of the elevation changes that will have to take place. And I do know and understand that a vast majority of them wouldn't survive even if we tried to make it happen. But I do believe that in a couple of these corridors that they have, that they must line up, or must be able to line up so that several of these trees could be saved and could be utilized to enhance the quality of the project. And frankly, if, we're talking anything under full value, and I'm aware of what the Ordinance says, but if we're talking anything under full value, I just don't think we're being responsible. You don't get a second chance in something like this. And I really believe that the Commission needs to stop and think about this." Discussion. Commissioner Krebs said, "I happen to agree with Commissioner Blake and if there is anyway we can save a tree or think outside of the box, then I think we should." Mr. Jim Thiele, P.E., Carnahan-Proctor Cross, Inc., 105 East Robinson Street, Suite 312, Orlando Florida: commented, "The only place I could envision trying to salvage some of the trees with this layout, and it would be where we're hitting grade fairly close, maybe from right about here all the way out to Tuskawilla [Road], along the property line. In that area, we're close enough to grade, that ifthere are some specimen trees, and I can tell you first hand, there's some beautiful specimen trees off the property in this area, so I've got to believe there's probably, one (1) or two (2) or three (3) in there, at the least. We might be able to salvage some there. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 13 OF 27 Another area that we could salvage, and I would have to look that up that next page - another area where we're meeting grade, very close is this area in the comer, but it's the very back comer of the project. And, everywhere else we're bringing some tremendous fill in." "I WILL MAKE A MOTION, WE APPROVE ITEM '303' AND PROVIDE A SITE DEVELOPMENT PERMIT FOR TOUSA HOMES FOR THE SONESTA POINTE PROJECT - SUBJECT TO THE CITY ATTORNEY'S REVIEW." MOTION BY COMMISSIONER GILMORE. SECONDF:D RY COMMISSIONER McGINNIS. DISCUSSION. DEPUTY MAYOR BLAKE SAID, "I THINK THAT MOTION'S PREMATURE AT THIS POINT IN TIME. AS WE HAVE HEARD, THERE ARE SEVERAL QUESTIONS ABOUT WHERE WE ARE WITH THE TREE NEGOTIATION. NUMBER TWO (2), WE HAVE QUESTIONS ABOUT WHETHER OR NOT ANY OF THE CENTURY OAKS THAT ARE ON THE PROPERTY COULD IN FACT BE SAVED. NUMBER THREE (3), THE ATTORNEY HASN'T HAD AN OPPORTUNITY TO FULLY REVIEW THE AGREEMENT THAT HAS BEEN PLACED BEFORE US; AND I DO UNDERSTAND THAT THE DEVELOPER WOULD LIKE TO GET MOVING ON THIS, AND I WOULD RATHER NOT HOLD THAT UP ANY LONGER THAN IT NEEDS TO BE DONE. BUT IT CERTAINLY SEEMS TO ME THAT WE NEED ANOTHER TWO (2) WEEKS HERE BEFORE WE MAKE A DECISION ON WHAT IS GOING TO HAPPEN HERE AND GIVE THE CITY MANAGER AN OPPORTUNITY TO SIT DOWN AND COME UP WITH AN AGREEMENT. THEY DON'T HAVE AN AGREEMENT NOW AND I THINK WE CAN DO BETTER AND I THINK THEY COULD DO BETTER. SO FOURTEEN (14) DAYS, THEY HAVE BEEN WORKING ON IT FOR THREE (3) YEARS, FOURTEEN (14) DAYS IS NOT GOING TO MAKE OR BREAK A DIFFERENCE; AND I THINK THAT IS APPROPRIATE AT THIS POINT IN TIME." SO I WOULD LIKE TO MAKE A SUBSTITUTE MOTION THAT SENDS THIS BACK TO STAFF FOR FURTHER NEGOTIATIONS INVOLVING FIRST OFF, THE QUESTION OF THE CENTURY TREES - TO SEE WITH MINIMAL RESTRUCTURING OF THE SITE PLAN, WHAT ACTUALLY COULD BE SAVED, WHAT COULD BE DONE. SECONDLY, TO NEGOTIATE A SUITABLE SETTLEMENT THAT WILL BRING AND ADD VALUE TO THE COMMUNITY AS IT PERTAINS TO TREES. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 14 OF 27 AND MR. McLEMORE, YOU MAY IN FACT WANT TO GET WITH THEM AND TAKE A LOOK AT THEIR ENTIRE LANDSCAPE PACKAGE AND SEE HOW IT ALL FITS TOGETHER." MANAGER McLEMORE ADDED, "WE WILL." DEPUTY MAYOR BLAKE CONTINUED, "THIRDLY, GIVE THE ATTORNEY AN OPPORTUNITY TO MORE FULLY REVIEW THE AGREEMENT PRIOR TO IT BEING BROUGHT BACK TO US AT OUR NEXT REGULAR MEETING." SUBSTITUTE MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH SAID, "HAS THE DEVELOPER AGREED TO PAY THE VOLUNTARY IMPACT FEES TO THE SCHOOL BOARD?" MR. THIELE SAID, "I'M SORRY, I'M NOT AWARE OF THAT." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mayor Bush said, "Let me ask the question again then, are you aware that the School Board asked for voluntary payment of Impact Fees?" Mr. Chamma Skipper, Tousa Homes/Engle Homes, 111 North Orange Avenue, Suite 1040, Orlando, Florida: said, "No, I am not aware of that. Dick Jerman (Vice President, Tousa Homes), who was not able to come tonight, handles most of those negotiations and he has not shared that with me. So, I don't have an answer for you. I apologize." REGULAR 304. Community Development Department Requests The City Commission Approve The Proposed Development Agreement Modification To Allow 2 Building-Mounted Signs To Exceed A Height Of 14 Feet At The Villagio Shopping Center. Mr. John Baker, AICP, Senior Planner, Community Development Department said, "This is a third Development Agreement modification to the Villagio 434 retail Development Agreement. These are two (2) internally illuminated building mounted signs. Please bear in mind that the Site Plan and Building Plans were approved prior to your Aesthetic Review Ordinance. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 15 OF 27 The site is in the C-l Zoning District, in the 434 New Development Overlay Zoning District. The Applicant came in with these signs, the top of which are located at twenty one feet (21 '), four inches (4") above the adjacent sidewalk grade. Staff felt that these were very appropriately placed given the fayade, the height of the building, but that they did not meet the current Code, so we recommended, for times sake, that they Amend the Development Agreement. We do support this Development Agreement modification; we think it's very aesthetically pleasing, and recommend your approva1." Discussion. "MOTION TO APPROVE ITEM '304'." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 400. Public Works Department Requests The City Commission Validate The Staff Recommendation Finding Colonial Bank To Be Built In Substantial Accordance With The Final Engineering Plans. Brief discussion. CONSENT 401. Public Works Department Requests City Commission Authorization To Enter Into A Landscape Construction And Maintenance Agreement With The Florida Department Of Transportation For Landscape And Sidewalk Maintenance Associated With The Vistawilla Office Center. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 160F27 CONSENT 402. Information Services Department Requests City Commission Authorization To Pay The Munis Annual Maintenance And Support Contract In The Amount Of $49,852.50 And To Authorize The City Manager's Signature On the Annual Support And License Agreement As Well As The Annual Operating System And Database Administration Support (OSDBA) Agreement. This Agenda Item was not discussed. CONSENT 403. Office Of The City Manager Requesting The City Commission To Approve An Agreement With Seminole County Amending Previous Agreements Regarding The Collection Of Occupational License Taxes. No discussion. CONSENT 404. Not Used. CONSENT 405. Public Works Department Requesting Authorization To Retain The Services Of Solan Trucking And Excavating For The Screening Of Soil Of Construction Debris And Organic Material And Removal From The Public WorkslUtility Complex. There was no discussion on this Agenda Item. CONSENT 406. Information Services Department Requests City Commission Authorization To Pay The Accela Annual Maintenance And Support Contract In The Amount Of $17,173.28. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 170F27 CONSENT 407. Office Of The City Clerk Requesting Approval Of The September 7, 2006 Special City Commission Meeting Minutes. No discussion. Commissioner McGinnis left the dais at 8:47 p.m. CONSENT 408. Office Of The City Clerk Requesting Approval Of The September 11, 2006 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE COMMISSIONER KREBS. DISCUSSION. CONSENT [AGENDA]." MOTION BY SECONDED BY COMMISSIONER GILMORE. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. Commissioner McGinnis returned to the dais at 8:49 p.m. INFORMATIONAL AGENDA INFORMATIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 18 OF 27 INFORMATIONAL 501. Parks And Recreation Department Wishes To Inform The City Commission About The Schedules For The Winter Springs Special Events. There was no discussion on this Agenda Item. INFORMATIONAL 302. Information Services Department Wishes To Inform City Commission That The Results Of The Wifi RFP (Request For Proposal) Will Be Available On 10/23/06 Meeting. "MOTION TO APPROVE" [INFORMATIONAL AGENDA]. MOTION BY COMMISSIONER KREBS. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Tape 2/Side B REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese stated, "The only thing that I need to report is that we were served a lawsuit today by Michael Jones regarding the stormwater issue." Mayor Bush asked, "What about the Highlands - did we get something on that?" Attorney Garganese replied, "Yes, the Highlands Homeowner's Association, Inc. filed a Petition against the City of Winter Springs and the Florida Department of Community Affairs relative to the Large-Scale Comprehensive Plan Amendment for that property out by [US Highway] 17-92 and Shepard Road. And that's just going to go through the normal course. The Department of Community Affairs - did not forward the Petition to the Division of Administrative Hearings because of some deficiencies; and Highlands Homeowner's Association filed an amended Petition today, which I just received a copy in my mail." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE I90F27 REPORTS 601. Office Of The City Manager - Ronald W. McLemore No Report. REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Andrea Lorenzo-Luaces mentioned a Public Records request - "That all emails that I send you all as a collective group or to two or more of you, but not to one individual, and that includes Ron McLemore (City Manager) and that includes Jan (Palladino, Secretary to the City Manager), that I am supposed to copy this person as he requested. I emailed Anthony (Garganese) while I was at this Conference last week and he suggested that I discuss this with you all, as you are the policy makers and this might be something you would like to follow through on Policy." Attorney Garganese commented, "I have my thoughts on that. What happened was we had an individual request to be Cc:'d [copied] on emails that are sent to the Mayor and the Commission. The Florida Public Records Act does not require that the City, or any government agency, Cc:, copy, individuals with emails for obvious reasons because it would be an administrative nightmare. Because some data or information or records are exempt from public records disclosure in whole and in part because of confidentiality reasons. So some information that gets emailed back and forth is exempt from public records disclosure. If you had to Cc: an individual, you could never redact the information that would be going out; there's no safeguard that the law has put in place for this confidential information. Continuing, Attorney Garganese noted, "And then, if you were going to, and I'm just speculating here, open up the door Cc: individuals, where does it stop? If one (1) person, although it may be a very frank and honest request, we have thirty four thousand (34,000) citizens, what if each citizen wanted to be Cc:' d from emails from a variety of people and on different subject matter, it would be an administrative nightmare to manage. There's no way you could accurately maintain Cc: lists from numerous people." Attorney Garganese recommended, "Don't Cc: and send things out automatically because we need to review records to make sure there's not information that is confidential and exempt. We don't want something slipping out and then being in violation of the - Public Records Act by sending out the wrong information." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 20 OF 27 City Clerk Lorenzo-Luaces said, "Well, he is talking about my emails to you all, to the Manager, and to Jan (Palladino); so, obviously I can do that and if I'm sending the emails, I would have to do all that work; and that's fine, I don't have a problem with that." Commissioner McGinnis asked, "Do you have time to do it?" City Clerk Lorenzo- Luaces said, "If it's my job, I have to." Further discussion. Attorney Garganese said, "My point to the Clerk is that you may want to think about the administrative problems that numerous requests for Cc:'ing documents would create. I was just bringing that issue forward. It wasn't this specific request that was being made today, it was, well, from a Policy standpoint, if you allow it this time, what does it extrapolate to over a period of time when other people are asking for the same thing." Attorney Garganese added, "Who's going to track and keep all of these Cc: requests?" Attorney Garganese said, "Somebody can ask around and see if any other cities have handled this type of situation." Mayor Bush said, "Commission, I would like to recommend that Anthony (Garganese) look into this a little more and come back with a Policy that the Commission could review and adopt or modify." City Clerk Lorenzo-Luaces said, "Okay that's fine for a Policy going forward, but I'll have to handle this request as it is requested, and then we'll deal with the Policy for any future situations." Mayor Bush asked Anthony (Garganese), "How should she respond to this request? I think that is what she is asking." Attorney Garganese said, "According to the current Policy which is to make copies of them or scan them and then they'd have to be reviewed, you want to scan them and then email them out." Mayor Bush asked, "How do you charge for something like that?" City Clerk Lorenzo-Luaces said, "I wouldn't normally." Commissioner McGinnis said, "The request was to be automatically Cc:'d)." Attorney Garganese said, "I wouldn't, you know, right now, we don't have a Policy that addresses it because the City doesn't do that. My point was to raise the flag - do you want to even embark down this road? And unless the Commission says yes, then the Clerk should not do that as a matter of Policy. We should handle it in the ordinary course of handling public records in accordance with our existing policies. Now, if the Commission also wants us to examine to see if, how other cities have handled this, I mean, we can certainly do that." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 21 OF 27 Commissioner Krebs asked, "So what is your recommendation, Anthony (Garganese )7" Attorney Garganese stated, "I wouldn't go the Cc: route right now because of the complications." Commissioner McGinnis said, "I think we need to take our Attorney's advice." Commissioner Miller said, "I think so too." Mayor Bush said, "I think the Commission needs to make a Motion that gives Andrea (Lorenzo- Luaces) direction." "I MAKE A MOTION TO - FOLLOW OUR ATTORNEY'S ADVICE AND STAY THE COURSE AND DO WHAT WE ARE DOING RIGHT NOW." MOTION BY COMMISSIONER KREBS. MAYOR BUSH SAID, "WHICH WOULD BE NOT TO Cc: AUTOMATICALLY Cc: CORRESPONDENCE." COMMISSIONER KREBS SAID, "YES, RIGHT. THAT DOES NOT INCLUDE AUTOMATIC Cc:." SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY CLERK LORENZO-LUACES COMMENTED ABOUT THE PUBLIC RECORDS REQUEST. ATTORNEY GARGANESE SAID, "YOU'RE GOING TO HANDLE THE REQUEST?" CITY CLERK LORENZO-LUACES SAID, "WELL, THAT'S WHAT I WAS ASKING." ATTORNEY GARGANESE CONTINUED, "YOU'RE GOING TO PROVIDE THE PUBLIC RECORD." CITY CLERK LORENZO-LUACES SAID, "JUST A PAPER COPY." ATTORNEY GARGANESE SAID, "BUT NOT TO AUTOMATICALLY Cc:." CITY CLERK LORENZO-LUACES SAID, "RIGHT. I UNDERSTAND THAT PART." DEPUTY MAYOR BLAKE STATED, "SO IN OTHER WORDS - JUST SO I AM UNDERSTANDING THIS AS WELL, SO WHAT, WHAT YOU WILL DO IS - HOW LONG IS THIS FOR?" CITY CLERK LORENZO-LUACES SAID, "UNTIL NOVEMBER 8TH. SO JUST TO MAKE SURE I UNDERSTAND THIS, ANY emails THAT I SEND TO ANY OF THOSE PARTIES THAT WE MENTIONED BEFORE, I WILL SEND THEM AS I NORMALLY WOULD, I WILL PRINT IT OUT, I WILL THEN DEAL WITH THEM AND MAKE SURE- NOTHING NEEDS TO BE REDACTED. DO YOU NEED TO LOOK AT THEM? I THINK I KNOW WHAT NEEDS TO BE REDACTED, OR NOT; BUT I WOULD BE GLAD TO LET YOU CHECK IF YOU WOULD LIKE." ATTORNEY GARGANESE REPLIED, "CALL ME IF YOU HAVE ANY QUESTIONS." CITY CLERK LORENZO-LUACES SAID, "AND I WILL PRINT THIS OUT AND I WILL CHECK THEM AND I CAN SCAN THEM AND SEND THEM TO THE REQUESTOR." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 22 OF 27 DEPUTY MAYOR BLAKE SAID, "YOU DON'T NEED TO PRINT THEM OUT AND SCAN THEM IF YOU, YOU CAN CHECK THEM ANOTHER WAY AND IF IT IS - THE SENIOR LUNCHEON, IT IS A POSTED ITEM ALREADY." CITY CLERK LORENZO-LUACES SAID, "I COULD FORWARD IT ON." ATTORNEY GARGANESE SAID, "YOU COULD FORWARD IT ON." CITY CLERK LORENZO-LUACES ADDED, "RIGHT." DEPUTY MAYOR BLAKE SAID, "AND THAT IS MY QUESTION, IS THERE ANY PROBLEM WITH JUST FORWARDING IT ON AS OPPOSED TO Cc:'ING IT, OR DOES THAT COMPLY WITH..." ATTORNEY GARGANESE SAID, "...AT LEAST IF YOU FORWARD IT THERE IS A CHECK AND BALANCE IN THE MIDDLE OF AN AUTOMATIC Cc: AND FORWARDING. I MEAN, SOMEBODY'S REVIEWING IT BEFORE IT GETS SENT OUT. WITH AN AUTOMATIC Cc:, THAT CHECK AND BALANCE IS NOT THERE." MAYOR BUSH SAID, "I HAVE CONFIDENCE THAT ANDREA (LORENZO- LUACES) - THAT SHE HAS THE EXPERTISE TO DO THIS AND SATISFY THE PUBLIC RECORDS REQUEST; AND OF COURSE, ANTHONY (GARGANESE) CAN REVIEW IF YOU HAVE A QUESTION..." FURTHER DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER DONALD A. GILMORE SAID, "I WANT TO HEAR THE MOTION AGAIN." MAYOR BUSH SAID, "OKAY. READ THE MOTION FOR US." CITY CLERK LORENZO-LUACES SAID, "COMMISSIONER KREBS MADE A MOTION TO FOLLOW THE ATTORNEY'S ADVICE AND DO WHAT WE'RE DOING AND NOT AUTOMATICALLY Cc:; AND THEN I ASKED FOR CLARIFICATION AND THE emails WILL BE FORWARDED OR PRINTED OUT AND SCANNED AND THEN SENT TO THE REQUESTOR." COMMISSIONER GILMORE: NAY DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Next, City Clerk Lorenzo-Luaces commented about working on the Agenda for the next City Commission Workshop, being held on Wednesday, September 27, 2006, at 6:30 p.m., in the Commission Chambers. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 23 OF 27 City Clerk Lorenzo-Luaces continued, "And next Monday you have a Workshop - we've heard from almost everybody. That is the Workshop on Jetta Point." Deputy Mayor Blake asked, "What day is that?" Ms. Lorenzo-Luaces said, "Monday, October 2nd, 6:30 [p.m.] here in the [Commission] Chambers. And that is with Seminole County." Mayor Bush said, "Yes." Manager McLemore said, "The only thing that I want to mention on that, Mr. Mayor, is we really need to work out a cost basis on where we handle these email requests. And I'm not sure, and when I say I'm not sure, I mean I'm not sure, that the Statutes that are out there, even addresses that." Attorney Garganese said, "Not - precisely. Indirectly." Mayor Bush said, "I think this is something that's going to have to be looked at because it's..." Mayor Bush continued, "...I think it needs to be studied further." Commissioner Gilmore said, "I do too." Mayor Bush continued, "We can't be the only City in the world that's ever had this request. We just can't be. It's too common of a form." .:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese said, "I need to have an Attorney-Client Session with the Commission regarding the lawsuit Roy vs. City of Winter Springs. If you recall, and actually they're also suing Seville Chase and the power company, that's the property owner that is landlocked and is seeking access to their property. " Mayor Bush asked, "How much time do you need?" Attorney Garganese replied, "I need probably an hour before the next Commission meeting, October fjh." Mayor Bush said, "Commissioners, so 5:30 {p.m.], October fjh{2006]? Is that acceptable?" Commissioner McGinnis said, "That is okay with me." Mayor Bush said, ii5:30 {p.m.! on October the fjh, (2006]." Mayor Bush continued, "Okay, Commissioners?" Commissioner Krebs said, "Yes." No objections were voiced, Attorney Garganese said, "And the Clerk will get a Court Reporter?" Mayor Bush said, "Correct. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 24 OF 27 REPORTS 603. Commission Seat Four - Sally McGinnis Commissioner McGinnis suggested that Mike Jones could drop his lawsuit and instead donate that money to the Meals on Wheels program. REPORTS 604. Commission Seat Five - Joanne M. Krebs No Report. REPORTS 605. Office Of The Mayor - John F. Bush Mayor Bush read a statement about the preservation of green space in the City of Winter Springs. Commissioner Krebs asked, "Can I have that document emailed to me, please?" Deputy Mayor Blake asked, "Can you email it to all of us?" Mayor Bush said, "I will give it to the Clerk." Continuing, Mayor Bush said, "I think it's something that we should definitely look at and appointing a committee of citizens to review this with Staff and coming back with some ideas." Commissioner McGinnis inquired, "Would you bring that back to us." Commissioner Krebs asked, "Can you bring it back as an item?" Commissioner McGinnis asked, "Would you bring it back as a proposal, you know, outline it. Could you do that?" Mayor Bush said, "I can work with the Manager on this and see if it could come back in some other fashion." Commissioner McGinnis commented, "Good." Mayor Bush added, "Okay, I'll do that." Next, Mayor Bush said, nOne other thing I have, and Captain Tolleson is here tonight, and I want to complement him - I talked to the people along Sybilwood [Circle}, backs up to Trotwood Park, they speak very highly of you, Captain [Tolleson}, and the work you have done in Code Enforcement especially with people abusing the parks a little bit in terms of hours of operation. But I would, and Captain's [Tolleson}, got some good ideas and I don't want to steal your thunder, Captain [Tolleson}, because I know you have done a lot of work on this. But I would like to see us look at ways to buffer the homes from the activities of the park, either through plants - berms, whatever. I know the Captain [Tolleson} has got some good ideas here. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 25 OF 27 Mayor Bush continued, "But I do think it is something that we should look at. The citizens have been very tolerant of, I know the Captain {TollesonJ, spends a lot of time over there, and you know, and the citizens say, {I can't sit in my backyard in the afternoon. There's whistles blowing and you know, you can't have' - and I think that we can do something about buffering the noise and I think that I would recommend that we give the - I think that we need to - ask the Staff to look into some ideas, some ways that this could be buffered. Captain Tolleson has done a lot of this work already. But I think we need to move forward with this and I would like to see the Commission..." Commissioner McGinnis said, {{...Absolutely..." Mayor Bush continued, "...Direct the Staff to review this - and I know the Captain {TollesonJ, plans to bring it to the Commission at some point. " Mayor Bush asked, "Commissioners, do you agree that we direct Staff to look into this?" Commissioner McGinnis said, {{Yes." Commissioner Krebs said, "We agree." No objections were noted. REPORTS 606. Commission Seat One - Robert S. Miller Commissioner Miller said, "I have a question for Glenn (Tolleson), how often do you check - on that CSX rail line on Lori Anne [Lane] there?" With brief discussion, Captain Glenn Tolleson, Police Department said, "To answer your question, Sir, 1 go daily." Next, Commissioner Miller spoke about a letter regarding someone getting a ticket because of an issue related to a Greene W ay toll booth. Tape 3/Side A Discussion ensued with Chief of Police Daniel J. Kerr. Commissioner Miller suggested the City Commission set a Policy, forward it to the GreeneWay Authority and recommended a change machine be placed in the booth." Discussion. ,--, rr' :: c=:JI ~ t'" I ,.... I ~ ~ ; . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 26 OF 27 Commissioner Krebs suggested, "I think maybe we can make an impact by sending a letter to the toll booth authority or whoever is in charge asking like you said, that it is manned or that arrangements are made - nice to have change machines there." Commissioner McGinnis commented, "I concur." Mayor Bush added, "I think a letter to the Expressway Authority - 1 would like to know exactly how they would handle this personally, what do you do, and why they don't have change machines." Commissioner Miller added, "They should have a change machine there." Furthermore, Mayor Bush noted, "I think writing a letter getting some clarification." Mayor Bush added, "We will get a letter off to them, Commissioners. We will run it by you all - before it goes." Lastly, Commissioner Miller commented on political campaigning and integrity. .:. .:. AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED IN THE ORDER AS DOCUMENTED. .:..:. REPORTS REPORTS 608. Commission Seat Three - Donald A. Gilmore Deputy Mayor Blake returned to the dais at 9:46 p.m. Commissioner Gilmore spoke of a letter from the owners of the Winter Springs Golf Course and said to Manager McLemore, "I think you must watch this very carefully." Brief discussion ensued on the status of paving of Winter Springs Boulevard and medians on State Road 434. REPORTS 607. Commission Seat TwolDeputy Mayor - Michael S. Blake No Report. ,--, 1:--' ;:;,~ c=> ~ r-">-4 r" . --~ :z: ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 27 OF 27 .:. .:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. REPORTS REPORTS 604. Commission Seat Five - Joanne M. Krebs Brief discussion ensued on proposed changes to the Senior Center. Further discussion. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 9:51 p.m. RESPECTFULLY SUBMITTED: DANIELLE HARKER, ASSISTANT TO THE CITY CLERK AND ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MAYOR NOTE: These Minutes were approved at the . 2006 Regular City Commission Meeting. c---1 r-' j:- ~ ~ ~ rd :z: ....,. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 25, 2006 CALL TO ORDER The Regular Meeting of Monday, September 25, 2006 of the City Commission was called to Order by Mayor John F. Bush at 6:32 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, present Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, arrived at 6:37 p.m. City Attorney Anthony A. Garganese, present A moment of silence was held followed by the Pledge of Allegiance. PUBLIC HEARINGS AGENDA (PART I) PUBLIC HEARINGS 200. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2006-50, Which Establishes The Final Operating Millage Rate For Fiscal Year 2006-2007 For The City Of Winter Springs At 4.2919 Mills Which Is 9.50% Above The Rolled-Back Rate Of 3.9'195 Mills And The Final Voted Debt Service Millage Rate For Fiscal Year 2006-2007 For The City Of Winter Springs At .1100 Mills. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: spoke on the Budget advertisement in the newspaper. Mayor Bush closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 2 OF 27 Ms. Michelle Greco, Director, Finance Department briefly addressed the City Commission. Commissioner Robert S. Miller spoke for the Record about a reduction in the Mill Rate. "MOTION TO APPROVE" [RESOLUTION NUMBER 2006-50]. MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS 201. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2006-51, Establishing The Final Budget For Fiscal Year 2006-2007. 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 ensued on the "Bear Creek Boardwalk" and "Fire Engine" being added to the Budget. City Manager Ronald W McLemore arrived at 6: 37 p. m. Mayor Bush asked Manager McLemore, "Is the ['Bear Creek Boardwalk'] bridge and the Fire Truck ['Fire Engine'] in this Budget?" Manager McLemore stated, "Yes." Deputy Mayor Michael S. Blake asked about the funding for the "Fire Engine", to which Manager McLemore said "It is fifty percent (50%) from the General Fund and fifty percent (50%) from the Medical Transport Fund." Ms. Greco added, "It should be transferred in from the Medical Transport Fund into the General Fund because you can't split the Asset, so the Asset has to fully come out of the General Fund and we're transferring a 150 over, and then it should be reduced by the trade-in value." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 3 OF 27 Much discussion ensued with Fire Chief Timothy J. Lallathin. Deputy Mayor Blake stated, "I would like to propose that we have in the Budget the fifty thousand dollars ($50,000.00) for the ['Bear Creek Boardwalk'] bridge as was discussed and another Line Item amount that is fifty thousand dollars ($50,000.00) split between the two (2) funding sources that were already discussed to provide for a not longer than ten (10) year Lease Note on a Fire Truck at mid-point of the year if, and only if we go through - this Commission goes through an analysis and gets a full report of exactly what the ten (10) year plan is for Fire Services as we approach build-out in Winter Springs." Further discussion. Deputy Mayor Blake said "My recommendation is it really leaves the door open for that to occur if the Commission upon doing that analysis or receiving that Report feels it is necessary. It provides the funding source there for it to happen." Reiterating his suggestion, Deputy Mayor Blake remarked, "To fund the ['Bear Creek Boardwalk'] bridge, which is fifty thousand dollars ($50,000.00) in the Budget as is reported, and to provide for fifty thousand dollars ($50,000.00) in the Budget shared equally between the Transport Fund and the General Fund. At mid-point of the year which is April 1 st, if the Commission deems it necessary to in fact replace the "Fire Engine" in this fiscal year. What that will provide for is a ten (10) year Lease Note on the Truck ['Fire Engine'], which is very prudent for a piece of equipment that is going to last fifteen (15) or twenty (20) years." "I WOULD LIKE TO MAKE A MOTION WE APPROVE - RESOLUTION 2006- 51 AS PRESENTED, WITH THE EXCEPTION OF THE LINE ITEM ON THE FIRE TRUCK. THE FIRE TRUCK WILL SHOW FUNDING AT TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) FROM THE GENERAL FUND, TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) FROM MEDICAL TRANSPORT FUND, WHICH WOULD BE AUTHORIZED TO BE SPENT APRIL IS\ 2007 SUBJECT TO THE COMMISSION'S APPROVAL AFTER RECEIVING A LONG-RANGE TEN (10) YEAR FIRE SERVICES CAPITAL SPENDING PLAN, REPORT - THOSE DOLLARS WOULD BE SUFFICIENT TO FUND A TEN (10) YEAR LEASE PURCHASE NOTE IF THE COMMISSION OPTED TO NOT UTILIZE THAT, THEN IN THE NEXT FISCAL YEAR THEY COULD FULLY FUND IT IF THEY SO DESIRED AT THAT TIME." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 4 OF 27 VOTE: COMMISSIONER McGINNIS: NAY DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: NAY COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC INPUT Mr. Greg Ferraro, 307 Cello Circle, Winter Springs, Florida: speaking on behalf of the "Friends of Leash Optional Parks", Mr. Ferraro thanked the City for the Dog Park. Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: spoke on the Budget items just discussed; spoke on the merits of the Meals on Wheels Program; and mentioned a campaign contribution he returned. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 100. Office Of The Mayor Presentation Of Resolution 2006-43 To Mr. Ned V oska For His Service On The Planning And Zoning BoardlLocal Planning Agency. Mayor Bush presented a Resolution to Mr. V oska for his contributions to the Planning And Zoning Board/Local Planning Agency. Commissioner Joanne M. Krebs complimented Mr. V oska on his valued assistance and service to the City. Tape I/Side B PUBLIC HEARINGS AGENDA (PART II) PUBLIC HEARINGS 202. Public Works Department Requests The City Commission Receive Information Relative To The Widening Of US Highway 17-92 From Shepard Road To Lake Mary Boulevard. Ms. Lynne Marie Whately, AICP, Senior Project Manager, Carter Burgess, 1000 Legion Place, Suite 1400, Orlando, Florida: spoke for the Record on her employer. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 5 OF 27 Mr. Eric Wooley, Project Engineer, Carter Burgess, 1000 Legion Place, Suite 1400, Orlando, Florida: addressed the City Commission. Ms. Whately stated, "We will not need to acquire any additional right-of-way for the road itself, only for the off-site stormwater ponds." Furthermore, Ms. Whately mentioned, "Probably the most significant environmental issue we might have on this project is going to be noise." Continuing, Ms. Whately noted, "We have a public Workshop on this project scheduled for October 5th which is next week, Thursday, at 5:30 p.m. It is at the Seminole County Extension Auditorium which is off West County Home Road." 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. REGULAR AGENDA REGULAR 300. Office Of The City Manager Requesting The City Commission To Approve A Study Outline For Possible Changes To The City's Defined Benefits Pension Plan. [Requesting The City Commission To Approve Resolution 2006-52 Providing A Study Methodology Related To Possible Changes The Commission May Desire To Make To The City's Defined Benefit Pension Plan.] Manager McLemore introduced this Agenda Item and stated, "Consistent with the way we address major Policy issues in the City, I have developed a study methodology for you - we adopt by Resolution as a confirmed way that we're going to approach the project and everybody has common expectations of what we're going to achieve and how we are going to try to move in that direction." Commissioner Krebs remarked, "It doesn't address some of my questions." Continuing, Commissioner Krebs stated, "Something I wanted to learn about was Fiduciary responsibilities, as it pertains to us; as it pertains to the Board of Trustees and I want to talk about if we are covered under Insurance, if they are covered under Insurance, but I don't see any of this on here and I am just wondering - if we pass this, does this mean we have to stick to this outline, exactly as it is or can we deviate from it?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 6 OF 27 Manager McLemore responded, "The Commission can deviate from it, if it chooses to, to amend it - that means that you have a Vote to deviate from it, then it's deviated from. Now if there are other pieces of information you want me to acquire for you as part of this process, 1 will be more than happy to do that." Mayor Bush stated, "I think that is what Commissioner Krebs is asking - is to include this..." Commissioner Krebs stated, ". . . Right." Commissioner Krebs continued, "For the very first suggested day, the 2ih, [of September] - what we were talking about was just fact finding information - it was an informational Agenda, supposed to be. It is more rigidly structured and it doesn't even have some of the questions that 1 have been asking all along, that - Commissioner Blake had brought up back in March regarding Fiduciary - 1 want that there; 1 want to be able to ask those questions. Also, on the 2ih [of September], with all these people that were going to be there, was there going to also be a Question and Answer session - 1 don't see any of that here either, so 1 was just wondering, how does that get addressed? 1 don't want to be held to something, and if 1 have to be held to something, then 1 want it put in." Manager McLemore said, "This was not intended to be necessarily a specific Meeting Agenda; this was to be the things to be covered and all we have to do - if you want to ask questions about - the Fiduciary issue, you can certainly do that. You'll have two (2) or three (3) people there that can answer those for you, very readily. And it certainly is wide open for questions as these presentations are made. But what we did want everybody to understand is - if we're going to go in this in an organized way, we need to have some structure by which it goes, and you can amend, to and add your structure as you feel necessary. 1 will be more than happy to add that to the list of things to discuss." Brief discussion followed on the "Unified citywide - Defined Benefit Pension Plan." Continuing, Commissioner Krebs asked, "Do 1 bring up my questions at the Workshop. . ." Manager McLemore responded by saying, "... Sure." Furthermore, Commissioner Krebs remarked, "I just didn't want to be held to just exactly what was here and me have a question and then someone say, 'Commissioner, that was not here for discussion tonight'." Manager McLemore noted, "That was sent to the presenters and it basically - we said, we'd like to cover these topics and if there are other topics to be brought up, you can certainly bring them up in that Meeting. The focus as 1 understand it was to talk about the various kinds of Plans and options that you could look at as different kinds of Plans. The Fiduciary is a question that cuts across all Plans." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 7 OF 27 Commissioner Krebs pointed out to Manager McLemore, "Always, I wanted to know about the Fiduciary responsibilities as it pertains to me, and - as the current Plan dictates." With further discussion, Mayor Bush said to Manager McLemore, "What Commissioner Krebs is asking, is there someplace in this outline, we could put in the Fiduciary responsibility - explanation." Manager McLemore remarked, "Sure - absolutely." Commissioner Krebs stated, "Yes." Mr. Bryon Giltz, 1001 Troon Trace, Winter Springs, Florida: commented on the upcoming Workshop and stated, "The management of the Plans which is a lot more comprehensive, all the methodology that goes into these Plans and really where the Fiduciary roles come in - I was hoping that they would cover those with you." Manager McLemore commented that, "Your Pension Attorney will be here; your Actuary will be here, and your Labor Attorney will be here, as resource people, to help fill in and answer questions." As to Board of Trustees Members attending the Workshop on September 27, 2006, Mr. Giltz suggested that perhaps the Clerk might contact the Board of Trustees. Additionally, Mr. Giltz stated, "As far as input, you mentioned the City Commissioners. I am sure the [Board of] Trustees would like to be able to ask questions, and I would hope that you would allow any input from the public." Manager McLemore said, "Our Consultant's will be here as resource people and you can ask them questions. If there are areas that are not covered by your presenters, they can cover those areas - and you should have all the people here you need to hear all ins and outs." Discussion. "I MAKE A MOTION TO APPROVE RESOLUTION 2006-52 FOR THE STUDY METHODOLOGY FOR THE PENSION PLANS - INCLUDING THE FIDUCIARY RESPONSIBILITIES." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 8 OF 27 REGULAR 301. Office Of The City Manager Requesting The City Commission To Hear A Budget Request From Sherry Fincher, Executive Director Of Meals On Wheels. Mayor Bush stated, "We need to have a Motion to remove it from the Table." "MOTION TO REMOVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Ms. Sherry Fincher, Executive Director, Meals on Wheels, ETC., 2801 South Financial Court, Sanford, Florida: addressed the City Commission. Discussion. Regarding the related services, Ms. Fincher stated, "We can fund strictly the home delivered meal aspect of it." Furthermore, Ms. Fincher noted, "Your money will stay right in Winter Springs and it can go to whatever particular service." "I MOVE THAT WE - SUPPORT MEALS ON WHEELS ETC., FOR WINTER SPRINGS RESIDENTS FOR FIVE THOUSAND DOLLARS ($5,000.00)." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. "I WILL AMEND THE MOTION TO SPECIFY THAT THE MONEY IS USED FOR - MEALS DELIVERED TO HOMES OF RESIDENTS IN WINTER SPRINGS." AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: NAY COMMISSIONER GILMORE: NAY DEPUTY MAYOR BLAKE: NAY MOTION DID NOT CARRY. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25,2006 PAGE 9 OF 27 Tape 2/Side A Discussion. DEPUTY MAYOR BLAKE STATED, "THERE WILL BE ANOTHER ONE AFTER THIS THAT IS A REALLY GREAT CAUSE AND ANOTHER ONE AFTER THAT THAT IS A REALLY GREAT CAUSE AS WELL, AND I THINK WE REALLY NEED TO BUILD A POLICY AND PERHAPS FUND, A FUND OF CHARITABLE GIVING WHICH WE DISCUSSED BEFORE AND IT DIDN'T HAPPEN." COMMISSIONER KREBS REMARKED, "THERE ARE A LOT OF CAUSES OUT THERE THAT NEED OUR HELP, BUT I AM VERY, VERY SURPRISED THAT THE COMMISSION, LAST COMMISSION, THE COMMISSION BEFORE THAT HAVE NEVER SET POLICY, SO WHY DON'T WE DO THAT?" COMMISSIONER KREBS ADDED, "PUT AN ITEM ON, LET'S SET POLICY - DO WE HAVE A POLICY." DEPUTY MAYOR BLAKE ADDED, "OUR POLICY BEFORE WAS - WE WERE NOT HONORING REQUESTS FOR DONATIONS AND OVER THE LAST SIX (6) MONTHS OR EIGHT (8) MONTHS, OVER THE LAST YEAR REALLY, WE HAVE BEGUN TO DO THAT, BUT WE HAVE BEGUN TO DO SO WITHOUT THE POLICY THAT I AM TALKING ABOUT WHICH MAKES A DETERMINATION AT BUDGET TIME WHEN IT IS TIME TO BE DONE AND CREATE A LINE ITEM - FIRST OFF, DECIDE, ARE WE GOING TO ENTERTAIN REQUESTS FOR DONATIONS, OR ARE WE NOT? IN THE PAST WE HAVE NOT. IF WE ARE GOING TO ENTERTAIN REQUESTS FOR DONATIONS, HOW IS IT GOING TO BE FUNDED; HOW IS IT GOING TO BE BUDGETED; AND WHERE IS THE MONEY GOING TO COME FROM?" COMMISSIONER SALLY McGINNIS SAID, "I BELIEVE SOME MONTHS AGO THIS ISSUE WAS, WE DID DISCUSS ESTABLISHING CRITERIA. DOES ANYBODY ELSE RECALL THIS, WE ASKED IF WE COULD BEGIN TO EXAMINE WHAT OTHER CITIES...?" COMMISSIONER McGINNIS CONTINUED, "...WE NEED TO DO THAT." VOTE: (ON THE ORIGINAL MOTION) COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: NAY COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 10 OF 27 REGULAR 302. Public Works Department - Stormwater Division Requests The City Commission Review The Stormwater Utility Fee Adjustment Request By Michael D. Jones Of 560 Dunmar Circle Pursuant To Section 19.166. Of The City Code Of Ordinances. Mr. Damon A. Chase, Esquire, 250 International Parkway, Suite 250, Lake Mary, Florida: representing Mr. Mike Jones, briefly addressed the City Commission for the Record regarding a lawsuit. City Attorney Anthony A. Garganese said, "Right, you were served with the lawsuit from Mr. Jones filed a Declaratory Relief Action regarding the imposition of stormwater fees on this property. My recommendation at this juncture is just to complete this Hearing. My understanding, because I wasn't at the last Meeting, but I did review the Record, is that one piece of supplemental information, I guess the Commission is asking for that information, and I would just limit the presentation to that piece of information." Mayor Bush asked, "What is that information, Anthony (Garganese)?" Mr. Garganese stated, "It's just engineering data relative to the drainage of the subject property and surrounding property. " Mr. Kip Lockcuff, P.E., Director, Public WorkslUtility Department said, "You were looking for the evidence that the stormwater runs off Mr. Jones' property. We were able to, with the assistance of CPH (Engineers) locate this topo map from St. Johns of 2001. Both Brian (Fields) and I looked at it - clearly run off from Mr. Jones leaves the property - Mr. Jones' property is in the blue - outlined in the blue. This is his residence. The residence is at the high point, the lines indicate elevation change. Clearly nothing that falls west of the residence flows into this wetland area that has an outfall down here, through Dunmar Estates and into the Little Lake Howell Basin." Mr. Terry Zaudtke, P.E., DEE, Executive Vice President, CPH Engineers, 1117 East Robinson Street, Orlando, Florida: said, "Kip (Lockcuff) called me and asked me if I could locate some current or as relatively current as we could find, the aerials. We went onto the St. Johns Web site and were able to find these one foot (1') contour aerials. It is also our opinion that water does drain off of this property into systems that would be jointly used by the City and in their jurisdiction." Discussion. Mr. Chase objected for the Record on the information. Further discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 11 OF27 Manager McLemore said, "Just for the Record, the engineering decision was made by your Professional Engineers prior to - that went into the decision - that I made. An Appeal was made by Mr. Jones and in order to, I thought to be fair to Mr. Jones, I asked the Staff to come back, in order for you to give as fair Hearing as you could, substantiate the engineering data upon which a decision, you could make a fair decision on whether in fact, this property drains into the creeks that we have to maintain in order for the creeks to take the drainage out, as an outfall. So the only purpose of me asking for this was to try to help you make a good solid decision and to be fair to all parties." "BASED ON THE EVIDENCE THAT HAS BEEN PROVIDED FOR US, I WOULD LIKE TO MAKE A MOTION THAT THE CITY COMMISSION UPHOLD THE CITY MANAGER'S DECISION AND FIND, BASED ON THE FACTS OF THE RECORD, THAT THE PROPERTY IN QUESTION OF 560 DUNMAR CIRCLE, IS SUBJECT TO THE STORMWATER FEE FROM WINTER SPRINGS." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 303. Community Development Department Requests The City Commission Approve A Site Development Permit Agreement With Tousa Homes, Inc. For Site Clearing At Sonesta Pointe. Mr. Brian Fields, City Engineer addressed the City Commission on this Agenda Item and mentioned for the Record that Tousa Homes is the parent company of Engle Homes. Manager McLemore said, "The Commission had requested that I try to negotiate some contributions to the Tree Bank; this is not a requirement under the plan. I did, as I've done with a couple of others, discussed with the Developer a consideration of five hundred dollars ($500.00) per specimen tree and we have had recent discussions, as recent as last Wednesday, I believe, and he is in agreement to twenty thousand dollars ($20,000.00) for the specimen trees, but he is not in agreement to the thirty-nine thousand [dollars] ($39,000.00). So, I need to make you aware of that. There's nothing mandatory for that. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 12 OF 27 The five hundred dollars ($500.00) a tree is something that I've used just for negotiations purposes and so I need to get some direction from the Commission as to where you want to go with this. Do you want to make a counter-offer on it, we can do that." Deputy Mayor Blake said, "Within their plan, is there provision being made to save any of those large century oaks?" With discussion, Mr. Randy Stevenson, ASLA < Director, Community Development Department stated, "There are seventy-eight (78) ~pecimen trees that qualify for specimen trees that are being taken out." Mayor Bush noted, "I would like to recommend the Commission ask the Manager to go back and do a little more negotiating; that is too many specimen trees." Commissioner Krebs said, "Absolutely." Commissioner Miller stated, "I agree." Manager McLemore said, "We have to be very careful here. It's very clear your tree order does not apply to this property, so we're trying to work out some solution and I'll go back to say we've got to have a better proposal than this to work with." Deputy Mayor Blake said, "I am familiar with what the site looks like. I've been on it. I'm familiar with what the site plan looks like; I've seen it. I am familiar with, to the extent possible with some of the elevation changes that will have to take place. And I do know and understand that a vast majority of them wouldn't survive even if we tried to make it happen. But I do believe that in a couple of these corridors that they have, that they must line up, or must be able to line up so that several of these trees could be saved and could be utilized to enhance the quality of the project. And frankly, if, we're talking anything under full value, and I'm aware of what the Ordinance says, but if we're talking anything under full value, I just don't think we're being responsible. You don't get a second chance in something like this. And I really believe that the Commission needs to stop and think about this." Discussion. Commissioner Krebs said, "I happen to agree with Commissioner Blake and if there is anyway we can save a tree or think outside of the box, then I think we should." Mr. Jim Thiele, P.E., Carnahan-Proctor Cross, Inc., 105 East Robinson Street, Suite 312, Orlando Florida: commented, "The only place I could envision trying to salvage some of the trees with this layout, and it would be where we're hitting grade fairly close, maybe from right about here all the way out to Tuskawilla [Road], along the property line. In that area, we're close enough to grade, that if there are some specimen trees, and I can tell you first hand, there's some beautiful specimen trees off the property in this area, so I've got to believe there's probably, one (1) or two (2) or three (3) in there, at the least. We might be able to salvage some there. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 13 OF 27 Another area that we could salvage, and I would have to look that up that next page - another area where we're meeting grade, very close is this area in the comer, but it's the very back comer of the project. And, everywhere else we're bringing some tremendous fill in." "I WILL MAKE A MOTION, WE APPROVE ITEM '303' AND PROVIDE A SITE DEVELOPMENT PERMIT FOR TOUSA HOMES FOR THE SONESTA POINTE PROJECT - SUBJECT TO THE CITY ATTORNEY'S REVIEW." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. DEPUTY MAYOR BLAKE SAID, "I THINK THAT MOTION'S PREMATURE AT THIS POINT IN TIME. AS WE HAVE HEARD, THERE ARE SEVERAL QUESTIONS ABOUT WHERE WE ARE WITH THE TREE NEGOTIATION. NUMBER TWO (2), WE HAVE QUESTIONS ABOUT WHETHER OR NOT ANY OF THE CENTURY OAKS THAT ARE ON THE PROPERTY COULD IN FACT BE SAVED. NUMBER THREE (3), THE ATTORNEY HASN'T HAD AN OPPORTUNITY TO FULLY REVIEW THE AGREEMENT THAT HAS BEEN PLACED BEFORE US; AND I DO UNDERSTAND THAT THE DEVELOPER WOULD LIKE TO GET MOVING ON THIS, AND I WOULD RATHER NOT HOLD THAT UP ANY LONGER THAN IT NEEDS TO BE DONE. BUT IT CERT AINL Y SEEMS TO ME THAT WE NEED ANOTHER TWO (2) WEEKS HERE BEFORE WE MAKE A DECISION ON WHAT IS GOING TO HAPPEN HERE AND GIVE THE CITY MANAGER AN OPPORTUNITY TO SIT DOWN AND COME UP WITH AN AGREEMENT. THEY DON'T HAVE AN AGREEMENT NOW AND I THINK WE CAN DO BETTER AND I THINK THEY COULD DO BETTER. SO FOURTEEN (14) DAYS, THEY HAVE BEEN WORKING ON IT FOR THREE (3) YEARS, FOURTEEN (14) DAYS IS NOT GOING TO MAKE OR BREAK A DIFFERENCE; AND I THINK THAT IS APPROPRIATE AT THIS POINT IN TIME." SO I WOULD LIKE TO MAKE A SUBSTITUTE MOTION THAT SENDS THIS BACK TO STAFF FOR FURTHER NEGOTIATIONS INVOLVING FIRST OFF, THE QUESTION OF THE CENTURY TREES - TO SEE WITH MINIMAL RESTRUCTURING OF THE SITE PLAN, WHAT ACTUALLY COULD BE SAVED, WHAT COULD BE DONE. SECONDLY, TO NEGOTIATE A SUITABLE SETTLEMENT THAT WILL BRING AND ADD VALUE TO THE COMMUNITY AS IT PERTAINS TO TREES. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 14 OF 27 AND MR. McLEMORE, YOU MAY IN FACT WANT TO GET WITH THEM AND TAKE A LOOK AT THEIR ENTIRE LANDSCAPE PACKAGE AND SEE HOW IT ALL FITS TOGETHER." MANAGER McLEMORE ADDED, "WE WILL." DEPUTY MAYOR BLAKE CONTINUED, "THIRDLY, GIVE THE ATTORNEY AN OPPORTUNITY TO MORE FULLY REVIEW THE AGREEMENT PRIOR TO IT BEING BROUGHT BACK TO US AT OUR NEXT REGULAR MEETING." SUBSTITUTE MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH SAID, "HAS THE DEVELOPER AGREED TO PAY THE VOLUNTARY IMPACT FEES TO THE SCHOOL BOARD?" MR. THIELE SAID, "I'M SORRY, I'M NOT AWARE OF THAT." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mayor Bush said, "Let me ask the question again then, are you aware that the School Board asked for voluntary payment of Impact Fees?" Mr. Chamma Skipper, Tousa Homes/Engle Homes, 111 North Orange Avenue, Suite 1040, Orlando, Florida: said, "No, I am not aware of that. Dick Jerman (Vice President, Tousa Homes), who was not able to come tonight, handles most of those negotiations and he has not shared that with me. So, I don't have an answer for you. I apologize." REGULAR 304. Community Development Department Requests The City Commission Approve The Proposed Development Agreement Modification To Allow 2 Building-Mounted Signs To Exceed A Height Of 14 Feet At The Villagio Shopping Center. Mr. John Baker, AICP, Senior Planner, Community Development Department said, "This is a third Development Agreement modification to the Villagio 434 retail Development Agreement. These are two (2) internally illuminated building mounted signs. Please bear in mind that the Site Plan and Building Plans were approved prior to your Aesthetic Review Ordinance. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25,2006 PAGE 15 OF 27 The site is in the C-l Zoning District, in the 434 New Development Overlay Zoning District. The Applicant came in with these signs, the top of which are located at twenty one feet (21 '), four inches (4") above the adjacent sidewalk grade. Staff felt that these were very appropriately placed given the fayade, the height of the building, but that they did not meet the current Code, so we recommended, for times sake, that they Amend the Development Agreement. We do support this Development Agreement modification; we think it's very aesthetically pleasing, and recommend your approval." Discussion. "MOTION TO APPROVE ITEM '304'." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 400. Public Works Department Requests The City Commission Validate The Staff Recommendation Finding Colonial Bank To Be Built In Substantial Accordance With The Final Engineering Plans. Brief discussion. CONSENT 401. Public Works Department Requests City Commission Authorization To Enter Into A Landscape Construction And Maintenance Agreement With The Florida Department Of Transportation For Landscape And Sidewalk Maintenance Associated With The Vistawilla Office Center. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 16 OF 27 CONSENT 402. Information Services Department Requests City Commission Authorization To Pay The Munis Annual Maintenance And Support Contract In The Amount Of $49,852.50 And To Authorize The City Manager's Signature On the Annual Support And License Agreement As Well As The Annual Operating System And Database Administration Support (OSDBA) Agreement. This Agenda Item was not discussed. CONSENT 403. Office Of The City Manager Requesting The City Commission To Approve An Agreement With Seminole County Amending Previous Agreements Regarding The Collection Of Occupational License Taxes. No discussion. CONSENT 404. Not Used. CONSENT 405. Public Works Department Requesting Authorization To Retain The Services Of Solan Trucking And Excavating For The Screening Of Soil Of Construction Debris And Organic Material And Removal From The Public Works/Utility Complex. There was no discussion on this Agenda Item. CONSENT 406. Information Services Department Requests City Commission Authorization To Pay The Accela Annual Maintenance And Support Contract In The Amount Of $17,173.28. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 17 OF 27 CONSENT 407. Office Of The City Clerk Requesting Approval Of The September 7, 2006 Special City Commission Meeting Minutes. No discussion. Commissioner McGinnis left the dais at 8:47 p.m. CONSENT 408. Office Of The City Clerk Requesting Approval Of The September 11, 2006 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE CONSENT [AGENDA]." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. Commissioner McGinnis returned to the dais at 8:49 p.m. INFORMATIONAL AGENDA INFORMATIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 18 OF 27 INFORMATIONAL 501. Parks And Recreation Department Wishes To Inform The City Commission About The Schedules For The Winter Springs Special Events. There was no discussion on this Agenda Item. INFORMATIONAL 502. Information Services Department Wishes To Inform City Commission That The Results Of The Wifi RFP (Request For Proposal) Will Be Available On 10/23/06 Meeting. "MOTION TO APPROVE" [INFORMATIONAL AGENDA]. MOTION BY COMMISSIONER KREBS. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Tape 2/Side B REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese stated, "The only thing that I need to report is that we were served a lawsuit today by Michael Jones regarding the stormwater issue." Mayor Bush asked, "What about the Highlands - did we get something on that?" Attorney Garganese replied, "Yes, the Highlands Homeowner's Association, Inc. filed a Petition against the City of Winter Springs and the Florida Department of Community Affairs relative to the Large-Scale Comprehensive Plan Amendment for that property out by [US Highway] 17-92 and Shepard Road. And that's just going to go through the normal course. The Department of Community Affairs - did not forward the Petition to the Division of Administrative Hearings because of some deficiencies; and Highlands Homeowner's Association filed an amended Petition today, which I just received a copy in my mail." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 19 OF 27 REPORTS 601. Office Of The City Manager - Ronald W. McLemore No Report. REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Andrea Lorenzo-Luaces mentioned a Public Records request - "That all emails that I send you all as a collective group or to two or more of you, but not to one individual, and that includes Ron McLemore (City Manager) and that includes Jan (Palladino, Secretary to the City Manager), that I am supposed to copy this person as he requested. I emailed Anthony (Garganese) while I was at this Conference last week and he suggested that I discuss this with you all, as you are the policy makers and this might be something you would like to follow through on Policy." Attorney Garganese commented, "I have my thoughts on that. What happened was we had an individual request to be Cc:' d [copied] on emails that are sent to the Mayor and the Commission. The Florida Public Records Act does not require that the City, or any government agency, Cc:, copy, individuals with emails for obvious reasons because it would be an administrative nightmare. Because some data or information or records are exempt from public records disclosure in whole and in part because of confidentiality reasons. So some information that gets emailed back and forth is exempt from public records disclosure. If you had to Cc: an individual, you could never redact the information that would be going out; there's no safeguard that the law has put in place for this confidential information. Continuing, Attorney Garganese noted, "And then, if you were going to, and I'm just speculating here, open up the door Cc: individuals, where does it stop? If one (1) person, although it may be a very frank and honest request, we have thirty four thousand (34,000) citizens, what if each citizen wanted to be Cc:'d from emails from a variety of people and on different subject matter, it would be an administrative nightmare to manage. There's no way you could accurately maintain Cc: lists from numerous people." Attorney Garganese recommended, "Don't Cc: and send things out automatically because we need to review records to make sure there's not information that is confidential and exempt. We don't want something slipping out and then being in violation of the - Public Records Act by sending out the wrong information." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 20 OF 27 City Clerk Lorenzo-Luaces said, "Well, he is talking about my emails to you all, to the Manager, and to Jan (Palladino); SO, obviously I can do that and if I'm sending the emails, I would have to do all that work; and that's fine, I don't have a problem with that." Commissioner McGinnis asked, "Do you have time to do it?" City Clerk Lorenzo- Luaces said, "If it's my job, I have to." Further discussion. Attorney Garganese said, "My point to the Clerk is that you may want to think about the administrative problems that numerous requests for Cc:'ing documents would create. I was just bringing that issue forward. It wasn't this specific request that was being made today, it was, well, from a Policy standpoint, if you allow it this time, what does it extrapolate to over a period of time when other people are asking for the same thing." Attorney Garganese added, "Who's going to track and keep all of these Cc: requests?" Attorney Garganese said, "Somebody can ask around and see if any other cities have handled this type of situation." Mayor Bush said, "Commission, I would like to recommend that Anthony (Garganese) look into this a little more and come back with a Policy that the Commission could review and adopt or modify." City Clerk Lorenzo-Luaces said, "Okay that's fine for a Policy going forward, but I'll have to handle this request as it is requested, and then we'll deal with the Policy for any future situations." Mayor Bush asked Anthony (Garganese), "How should she respond to this request? I think that is what she is asking." Attorney Garganese said, "According to the current Policy which is to make copies of them or scan them and then they'd have to be reviewed, you want to scan them and then email them out." Mayor Bush asked, "How do you charge for something like that?" City Clerk Lorenzo-Luaces said, "1 wouldn't normally." Commissioner McGinnis said, "The request was to be automatically Cc:'d)." Attorney Garganese said, "I wouldn't, you know, right now, we don't have a Policy that addresses it because the City doesn't do that. My point was to raise the flag - do you want to even embark down this road? And unless the Commission says yes, then the Clerk should not do that as a matter of Policy. We should handle it in the ordinary course of handling public records in accordance with our existing policies. Now, if the Commission also wants us to examine to see if, how other cities have handled this, 1 mean, we can certainly do that." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 21 OF 27 Commissioner Krebs asked, "So what is your recommendation, Anthony (Garganese)?" Attorney Garganese stated, "I wouldn't go the Cc: route right now because of the complications." Commissioner McGinnis said, "J think we need to take our Attorney's advice." Commissioner Miller said, "J think so too." Mayor Bush said, "J think the Commission needs to make a Motion that gives Andrea (Lorenzo- Luaces) direction." "I MAKE A MOTION TO - FOLLOW OUR ATTORNEY'S ADVICE AND STAY THE COURSE AND DO WHAT WE ARE DOING RIGHT NOW." MOTION BY COMMISSIONER KREBS. MAYOR BUSH SAID, "WHICH WOULD BE NOT TO Cc: AUTOMATICALLY Cc: CORRESPONDENCE." COMMISSIONER KREBS SAID, "YES, RIGHT. THAT DOES NOT INCLUDE AUTOMATIC Cc:." SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY CLERK LORENZO-LUACES COMMENTED ABOUT THE PUBLIC RECORDS REQUEST. ATTORNEY GARGANESE SAID, "YOU'RE GOING TO HANDLE THE REQUEST?" CITY CLERK LORENZO-LUACES SAID, "WELL, THAT'S WHAT I WAS ASKING." ATTORNEY GARGANESE CONTINUED, "YOU'RE GOING TO PROVIDE THE PUBLIC RECORD." CITY CLERK LORENZO-LUACES SAID, "JUST A PAPER COPY." ATTORNEY GARGANESE SAID, "BUT NOT TO AUTOMATICALLY Cc:." CITY CLERK LORENZO-LUACES SAID, "RIGHT. I UNDERSTAND THAT PART." DEPUTY MAYOR BLAKE STATED, "SO IN OTHER WORDS - JUST SO I AM UNDERSTANDING THIS AS WELL, SO WHAT, WHAT YOU WILL DO IS - HOW LONG IS THIS FOR?" CITY CLERK LORENZO-LUACES SAID, "UNTIL NOVEMBER 8TH. SO JUST TO MAKE SURE I UNDERSTAND THIS, ANY emails THAT I SEND TO ANY OF THOSE PARTIES THAT WE MENTIONED BEFORE, I WILL SEND THEM AS I NORMALLY WOULD, I WILL PRINT IT OUT, I WILL THEN DEAL WITH THEM AND MAKE SURE- NOTHING NEEDS TO BE REDACTED. DO YOU NEED TO LOOK AT THEM? I THINK I KNOW WHAT NEEDS TO BE REDACTED, OR NOT; BUT I WOULD BE GLAD TO LET YOU CHECK IF YOU WOULD LIKE." ATTORNEY GARGANESE REPLIED, "CALL ME IF YOU HAVE ANY QUESTIONS." CITY CLERK LORENZO-LUACES SAID, "AND I WILL PRINT THIS OUT AND I WILL CHECK THEM AND I CAN SCAN THEM AND SEND THEM TO THE REQUESTOR." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 22 OF 27 DEPUTY MAYOR BLAKE SAID, "YOU DON'T NEED TO PRINT THEM OUT AND SCAN THEM IF YOU, YOU CAN CHECK THEM ANOTHER WAY AND IF IT IS - THE SENIOR LUNCHEON, IT IS A POSTED ITEM ALREADY." CITY CLERK LORENZO-LUACES SAID, "I COULD FORWARD IT ON." ATTORNEY GARGANESE SAID, "YOU COULD FORWARD IT ON." CITY CLERK LORENZO-LUACES ADDED, "RIGHT." DEPUTY MAYOR BLAKE SAID, "AND THAT IS MY QUESTION, IS THERE ANY PROBLEM WITH JUST FORWARDING IT ON AS OPPOSED TO Cc:'ING IT, OR DOES THAT COMPLY WITH..." ATTORNEY GARGANESE SAID, "...AT LEAST IF YOU FORWARD IT THERE IS A CHECK AND BALANCE IN THE MIDDLE OF AN AUTOMATIC Cc: AND FORWARDING. I MEAN, SOMEBODY'S REVIEWING IT BEFORE IT GETS SENT OUT. WITH AN AUTOMATIC Cc:, THAT CHECK AND BALANCE IS NOT THERE." MAYOR BUSH SAID, "I HAVE CONFIDENCE THAT ANDREA (LORENZO- LUACES) - THAT SHE HAS THE EXPERTISE TO DO THIS AND SATISFY THE PUBLIC RECORDS REQUEST; AND OF COURSE, ANTHONY (GARGANESE) CAN REVIEW IF YOU HAVE A QUESTION..." FURTHER DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER DONALD A. GILMORE SAID, "I WANT TO HEAR THE MOTION AGAIN." MAYOR BUSH SAID, "OKAY. READ THE MOTION FOR US." CITY CLERK LORENZO-LUACES SAID, "COMMISSIONER KREBS MADE A MOTION TO FOLLOW THE ATTORNEY'S ADVICE AND DO WHAT WE'RE DOING AND NOT AUTOMATICALLY Cc:; AND THEN I ASKED FOR CLARIFICATION AND THE em ails WILL BE FORWARDED OR PRINTED OUT AND SCANNED AND THEN SENT TO THE REQUESTOR." COMMISSIONER GILMORE: NAY DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Next, City Clerk Lorenzo-Luaces commented about working on the Agenda for the next City Commission Workshop, being held on Wednesday, September 27, 2006, at 6:30 p.m., in the Commission Chambers. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 23 OF 27 City Clerk Lorenzo-Luaces continued, "And next Monday you have a Workshop - we've heard from almost everybody. That is the Workshop on Jetta Point." Deputy Mayor Blake asked, "What day is that?" Ms. Lorenzo-Luaces said, "Monday, October 2nd, 6:30 [p.m.] here in the [Commission] Chambers. And that is with Seminole County." Mayor Bush said, "Yes." Manager McLemore said, "The only thing that I want to mention on that, Mr. Mayor, is we really need to work out a cost basis on where we handle these email requests. And I'm not sure, and when I say I'm not sure, T mean I'm not sure, that the Statutes that are out there, even addresses that." Attorney Garganese said, "Not - precisely. Indirectly." Mayor Bush said, "I think this is something that's going to have to be looked at because it's..." Mayor Bush continued, "...I think it needs to be studied further." Commissioner Gilmore said, "I do too." Mayor Bush continued, "We can't be the only City in the world that's ever had this request. We just can't be. It's too common of a form." .:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese said, "1 need to have an Attorney-Client Session with the Commission regarding the lawsuit Roy vs. City of Winter Springs. If you recall, and actually they're also suing Seville Chase and the power company, that's the property owner that is landlocked and is seeking access to their property. " Mayor Bush asked, "How much time do you need?" Attorney Garganese replied, "I need probably an hour before the next Commission meeting, October fjh." Mayor Bush said, "Commissioners, so 5:30 [p.m.J, October cjh[2006J? Is that acceptable?" Commissioner McGinnis said, "That is okay with me." Mayor Bush said, "5:30 [p.m.J on October the cjh, [2006J." Mayor Bush continued, "Okay, Commissioners?" Commissioner Krebs said, "Yes." No objections were voiced, Attorney Garganese said, "And the Clerk will get a Court Reporter?" Mayor Bush said, "Correct. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 24 OF 27 REPORTS 603. Commission Seat Four - Sally McGinnis Commissioner McGinnis suggested that Mike Jones could drop his lawsuit and instead donate that money to the Meals on Wheels program. REPORTS 604. Commission Seat Five - Joanne M. Krebs No Report. REPORTS 605. Office Of The Mayor - John F. Bush Mayor Bush read a statement about the preservation of green space in the City of Winter Springs. Commissioner Krebs asked, "Can I have that document emailed to me, please?" Deputy Mayor Blake asked, "Can you email it to all of us?" Mayor Bush said, "I will give it to the Clerk." Continuing, Mayor Bush said, "I think it's something that we should definitely look at and appointing a committee of citizens to review this with Staff and coming back with some ideas." Commissioner McGinnis inquired, "Would you bring that back to us." Commissioner Krebs asked, "Can you bring it back as an item?" Commissioner McGinnis asked, "Would you bring it back as a proposal, you know, outline it. Could you do that?" Mayor Bush said, "I can work with the Manager on this and see if it could come back in some other fashion." Commissioner McGinnis commented, "Good." Mayor Bush added, "Okay, I'll do that." Next, Mayor Bush said, "One other thing I have, and Captain Tolleson is here tonight, and I want to complement him - I talked to the people along Sybilwood [Circle], backs up to Trotwood Park, they speak very highly of you, Captain [Tolleson], and the work you have done in Code Enforcement especially with people abusing the parks a little bit in terms of hours of operation. But I would, and Captain's [Tolleson], got some good ideas and I don't want to steal your thunder, Captain [Tolleson], because I know you have done a lot of work on this. But I would like to see us look at ways to buffer the homes from the activities of the park, either through plants - berms, whatever. I know the Captain [Tolleson] has got some good ideas here. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 25 OF 27 Mayor Bush continued, "But] do think it is something that we should look at. The citizens have been very tolerant of, ] know the Captain [Tolleson], spends a lot of time over there, and you know, and the citizens say, '] can't sit in my backyard in the afternoon. There's whistles blowing and you know, you can't have' - and] think that we can do something about buffering the noise and I think that I would recommend that we give the - I think that we need to - ask the Staff to look into some ideas, some ways that this could be buffered. Captain Tolleson has done a lot of this work already. But I think we need to move forward with this and I would like to see the Commission... " Commissioner McGinnis said, "...Absolutely..." Mayor Bush continued, "...Direct the Staff to review this - and I know the Captain [Tolleson], plans to bring it to the Commission at some point. " Mayor Bush asked, "Commissioners, do you agree that we direct Staff to look into this?" Commissioner McGinnis said, "Yes." Commissioner Krebs said, "We agree." No objections were noted. REPORTS 606. Commission Seat One - Robert S. Miller Commissioner Miller said, "I have a question for Glenn (Tolleson), how often do you check - on that CSX rail line on Lori Anne [Lane] there?" With brief discussion, Captain Glenn Tolleson, Police Department said, "To answer your question, Sir, 1 go daily." Next, Commissioner Miller spoke about a letter regarding someone getting a ticket because of an issue related to a Greene Way toll booth. Tape 3/Side A Discussion ensued with Chief of Police Daniel J. Kerr. Commissioner Miller suggested the City Commission set a Policy, forward it to the GreeneWay Authority and recommended a change machine be placed in the booth." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 26 OF 27 Commissioner Krebs suggested, "I think maybe we can make an impact by sending a letter to the toll booth authority or whoever is in charge asking like you said, that it is manned or that arrangements are made - nice to have change machines there." Commissioner McGinnis commented, "I concur." Mayor Bush added, "I think a letter to the Expressway Authority - 1 would like to know exactly how they would handle this personally, what do you do, and why they don't have change machines." Commissioner Miller added, "They should have a change machine there. " Furthermore, Mayor Bush noted, "I think writing a letter getting some clarification." Mayor Bush added, "We will get a letter off to them, Commissioners. We will run it by you all - before it goes." Lastly, Commissioner Miller commented on political campaigning and integrity. .:. .:. AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED IN THE ORDER AS DOCUMENTED. .:. .:. REPORTS REPORTS 608. Commission Seat Three - Donald A. Gilmore Deputy Mayor Blake returned to the dais at 9:46 p.m. Commissioner Gilmore spoke of a letter from the owners of the Winter Springs Golf Course and said to Manager McLemore, "I think you must watch this very carefully." Brief discussion ensued on the status of paving of Winter Springs Boulevard and medians on State Road 434. REPORTS 607. Commission Seat Two/Deputy Mayor - Michael S. Blake No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 25, 2006 PAGE 27 OF 27 AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS DISCUSSED NEXT, AS DOCUMENTED. REPORTS REPORTS 604. Commission Seat Five - Joanne M. Krebs Brief discussion ensued on proposed changes to the Senior Center. Further discussion. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 9:51 p.m. RESPECTFULLY SUBMITTED: DANIELLE HARKER, ASSISTANT TO THE CITY CLERK AND ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: NOTE: These Minutes were approved at the October 9, 2006 Regular City Commission Meeting.