HomeMy WebLinkAbout2005 11 28 Consent 205
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING
NOVEMBER 14, 2005
CALL TO ORDER
The Regular Meeting of Monday, November 14,2005 of the City Commission was called
to order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers of the
Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida
32708).
A moment of silence was followed by the Pledge of Allegiance.
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, present
City Attorney Anthony A. Garganese, arrived at 6:35 p.m.
Under Agenda Changes, Mayor Bush stated, "Item '302' - it's the date for the 'Babe
Ruth' Kick-off - February 25th is the correct date."
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
100. Office Of The City Manager
Presenting A Ribbon Cutting Ceremony And Demonstration For Laserfiche.
Ms. Jacqui Greaves, Projects and Application Support Specialist, Information Services
Department; Ms. Carol Lallathin, Assistant to the City Clerk, Office of the City Clerk;
and Ms. maging Clerk, Information Services Department were introduced
and gave a presentation on Laserfiche.
City Attorney Anthony A. Garganese arrived at 6:35 p.m.
~
e
F::
~
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14, 2005
PAGE 2 OF 33
Deputy Mayor Michael S. Blake asked, "Why are the documents coming up in the search
window in order by month, as opposed to order by year? Don't standardized dating
conventions normally start with the year, and then the month, and the days?" Ms.
Greaves responded, "We'll take that back to the Records Management Team and we will
reconsider what we can do about that."
In other City business, Mr. Mervin Warner, President of the Tuscawilla Homeowner's
Association and other representatives of the Tuscawilla Homeowner's Association
presented a check in the amount of $500.00 to Chief of Police, Daniel J. Kerr for the
"Shop with a Cop" program.
PUBLIC INPUT
Mr. Ron Ligthtart, 1036 Winding Waters Circle, Winter Springs, Florida: spoke of
emails requesting input from the City Commission on previous tax increases.
Brief discussion ensued on a discussion from the August 15,2005 Meeting, to which City
Manager, Ronald W. McLemore stated, "I would like to meet with you."
Ms. Patricia Condon, 709 Sybilwood Circle, Winter Springs, Florida: spoke on Regular
Agenda Item '500' and asked that the fence be improved to improve property values.
Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: commented
on the three (3) minute rule for Public Hearings Agenda Items and asked that the City
Commission reconsider this. Mr. Martinez also suggested that the waste removal Vendor
should do a better job.
Ms. Gina Burke, 1152 Winged Foot Circle West, Winter Springs, Florida: asked about
the results of the recent Tuscawilla Lighting and Beautification District Straw Poll.
Discussion.
Ms. Laura Leigh Wood, 713 Sybilwood Circle, Winter Springs, Florida: spoke on the
entrance of Trotwood Boulevard at Tuskawilla Road and the benefits derived from
improving the fencing.
Mr. Robert 1. Rulof, 944 Torrey Pine Drive, Winter Springs, Florida: remarked about
his disapproval of the replacement of streetlights and suggested further illumination tests
be done.
Mr. Mervin Warner, 673 Keuka Court, Winter Springs Florida: suggested that Phase II
of the Tuscawilla Lighting and Beautification District go forward, especially along
Seneca Boulevard.
-=:a
@;
~:
~
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14,2005
PAGE 3 OF 33
CONSENT AGENDA
CONSENT
200. Parks And Recreation Department
Requesting Authorization For Architectural/Engineering Design Services With
Starmer Ranaldi Planning And Architecture Incorporated For The Expansion Of
The Senior Center And Therapy Pool At A Cost Of $54,000.00.
Discussion ensued on whether there was a roof over the proposed Therapy Pool, to which
Mr. Chuck Pula, Director, Parks and Recreation Department stated, "We are looking at
some options to provide some type of roofing." Commissioner Joanne M. Krebs agreed
to this and said, "Yes."
Commissioner Donald A. Gilmore said, "This A and E [Architectural/Engineering]
schedule has a completion date of December 31, 2005. Is that obtainable?" Mr. Pula
stated, "It needs to be 2006."
With further discussion regarding the proposed Therapy Pool and a cover, Commissioner
Krebs stated, "I have to agree with him." No objections were noted.
CONSENT
201. Utility Department
Requesting Approval To Purchase A Vehicle By Piggybacking Off Of The Florida
Sheriff Association, Florida Association Of Counties And Florida Fire Chief's
Association Bid Number 04-12-0823.
No discussion.
CONSENT
202. Parks And Recreation Department
Requests Authorization To Accept The Proposal From Don Reid Ford To Purchase
A 2006 F-250 Crew Cab Truck And A 2006 E-250 Cargo Van.
There was no discussion on this Agenda Item.
CONSENT
203. Community Development Department - Urban Beautification Services
Division
Requesting Authorization To Revise The Baseline Streetlight Rate.
With discussion, Commissioner Gilmore said to Mr. Steve Richart, Urban Beautification
Division Services Manager, Community Development Department, "Are you going to
send a notice to all of those Associations accordingly?"
~
~
IK:"~~
~:
~
CITY OF WINTER SPRINGS, FWRIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14, 2005
PAGE 4 OF 33
Mr. Richart responded, "We would notice - that would affect like T.L.B.D. (Tuscawilla
Lighting and Beautification District), Stone Gable, Winding Hollow." Commissioner
Gilmore added, "Just so we do that and let everybody know what is going on with it."
CONSENT
204. Office Of The Mayor And Office Of The City Manager
Requests That The City Commission Consider The Approval Of Resolution
Number 2005-45 Offering The City Commission's Support For A Medical School At
The University Of Central Florida.
This Agenda Item was not discussed.
CONSENT
205. Information Services Department
Requests Commission Authorization For An Additional Appropriation In The
Amount Of $9,825.00 For Phone System Upgrades.
No discussion.
CONSENT
206. Information Services Department
Requests Commission Authorization To Renew And Pay The Annual Telephone
System Maintenance Agreement With Orlando Business Telephone Systems (OBTS)
In The Amount Of $14,793.00.
There was no discussion on this Agenda Item.
CONSENT
207. Community Development Department
Requests That The Commission Approve The Jesup's Landing Final Subdivision
Plat And Restrictive Covenants And Authorize Their Recordation, Subject To
Conditions.
Commissioner Sally McGinnis suggested some changes to the Covenants which were not
included, such as "There is a clause in there that is no signs allowed, however I think, you
do by law need to allow for 'For Sale' signs. There is nothing in there that addresses
recreational equipment, so how would you handle that if someone put a tree house up or a
swing set in their yard. Inoperative vehicles, that is not mentioned, there is no time limit.
That is kind of a boilerplate phrase - you don't make reference to the FCC (Federal
Communications Commission) regulation's regarding satellite dishes. You need to - I
am sure you are aware of that? Okay?
,::::a
~
IE: :- ~
~
~
i
CITY OF WINTER SPRINGS, FWRIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14, 2005
PAGE 5 OF 33
Parking is not spelled out - in other words, it does not say parking in designated parking
spots and people park on the grass." Commissioner McGinnis added, "I would like to see
in communities like yours, that garage doors should be kept closed at all times, but that
needs to be in your documents or it is not enforceable."
Discussion then ensued on streets and the maintenance of streets, to which Mr. Brian
Fields, P.E., City Engineer, Public Works Department explained, "The City will own and
maintain the public streets in the Development; the HOA [Homeowner's Association]
will own and maintain the alleys."
Manager McLemore added, "There is nothing to prevent them by contract if they want a
higher level of maintenance than we normally provide to do that?"
Mr. Dave Schmitt, P.E., Vice President, Land Development of Central Florida, Levitt and
Sons, LLC, 1479 Hartford Run Drive, Orlando, Florida: stated, "That is our intent."
Manager McLemore then noted, "So you want to enter into a separate Contract for some
higher form of maintenance."
Mayor Bush remarked, "I am concerned about the things that Commissioner McGinnis
has brought up, if it is not in this document, and they are asking for approval." Mr.
Schmitt stated, "We can amend them prior to recording. There are some other things like
the parking, there is the parking requirements as far as not being able to park in the alley
and all that. There are a number of those in there." Mr. Schmitt noted, "But we can meet
separately and address those and amend those before - and have the City Attorney review
them before we get them recorded, if that is satisfactory." Commissioner McGinnis said,
"That would be okay."
Attorney Garganese explained, "We certainly can put provisions like that - it would
tighten up those provisions." Furthermore, Attorney Garganese remarked, "I can work
with Staff and address those issues in the Declarations before they are recorded."
Commissioner McGinnis commented, "That is satisfactory."
CONSENT
208. Community Development Department
Requests That The Commission Approve The Jesup's Reserve Townhomes Final
Subdivision Plat And Restrictive Covenants And Authorize Their Recordation,
Subject To Conditions.
Regarding this Agenda Item, Commissioner McGinnis said, "That is the same."
~
~
r=c::
~
~
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14, 2005
PAGE 6 OF 33
CONSENT
209. Community Development Department
Requests That The Commission Approve Dr. Moseley's Re-Plat And Authorize Its
Recordation, Subject To Conditions.
With discussion on this Agenda Item, Commissioner Robert S. Miller spoke for the
Record and said, "If this goes any further, you bring it back - I would just like the owner
of the property to be aware of the fact, that there is a lot of other impact issues that could
come as a result of this - the road level of service in that whole area." Commissioner
Miller added, "There is only one way out of this property - one way in, and one way out _
that is my concern."
Discussion.
CONSENT
210. Utility Department
Requesting Emergency Supplemental Appropriation For Repairs To The Sanitary
Sewer System.
Commissioner McGinnis spoke on the problem on Sheoah Boulevard and stated, "I have
to tell you, Kip [Lockcuff, Director, Public Works/Utility Department], your Staff has
done a great job. I want to commend Alan [Hill, Superintendent, Public Works
Department]. They handled the flow of traffic; because this was major - they brought in
generators that were quiet during the night. I appreciated that. He just went the extra
mile and it did not go unnoticed!"
CONSENT
211. Public Works Department - Stormwater Division
Requests Authority From The City Commission For The Approval And
Supplemental Appropriation Of The Change Orders For The Tuskawilla Road
Drainage System Improvements Located At The Outfall To Lake Jesup.
No discussion.
CONSENT
212. Office Of The City Attorney
Requests That The City Commission Approve The Settlement Offer And Ripeness
Decision Relevant To Reverend Neil Backus' Harris Act Claim Against The City.
With discussion, Attorney Garganese stated, "My recommendation to the Commission is
to do nothing."
,:::a
~
~:
~
CITY OF WINTER SPRINGS, FWRIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14,2005
PAGE 7 OF 33
Commissioner Gilmore asked if he could build a church there, to which Attorney
Garganese said, "I don't believe that is the case."
CONSENT
213. Office Of The City Manager
Requesting Authority From The City Commission To Adjust Salary Range
Maximums For FY (Fiscal Year) 06.
Discussion.
Commissioner Miller said, "I do not want to see it happen again." Commissioner Miller
added, "I think waiving the ranges shows that - something is wrong in our system, and we
should have caught this earlier."
Further discussion.
CONSENT
214. Office Of The Mayor
Requests That The City Commission Consider The Approval Of Resolution
Number 2005-46 Offering The City Commission's Support For Elder Affairs.
Commissioner McGinnis asked, "Doesn't this involve more than just a Resolution?"
Mayor Bush explained, "This is the start ofthe process. Chuck [Pula] - has the rest of the
information ifthe City approves this."
CONSENT
215. Office Of The City Clerk
Requesting Approval Of The October 17, 2005 City Commission Special Meeting
Minutes.
There was no discussion on this Agenda Item.
CONSENT
216. Office Of The City Clerk
Requesting Approval Of The October 24, 2005 Regular City Commission Meeting
Minutes.
This Agenda Item was not discussed.
e
IL :w
r-.
~
ES
CITY OF WINTER SPRINGS, FWRIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14, 2005
PAGE 8 OF 33
CONSENT
217. Office Of The City Clerk
Requesting Approval Of The November 7, 2005 City Commission Special Meeting
Minutes.
There was no discussion on this Agenda Item.
"MOTION TO APPROVE [CONSENT AGENDA]." MOTION BY
COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE.
DISCUSSION.
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR BLAKE: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
.:..:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA
ITEMS AND MOTIONS WERE DISCUSSED NEXT, BUT NOT NECESSARILY
IN THE ORDER DOCUMENTED. .:. .:.
INFORMATIONAL AGENDA
INFORMATIONAL
300. Community Development Department
Advising The City Commission Of The Status Of Various Current Planning
Projects.
Commissioner Miller said, "The map on the back - I thought it was very useful. I
thought it was one of those things that we need to explore ways very quickly to get this
into the public forum."
Commissioner Miller then asked, "Is it on the City's Website?" Mr. Randy Stevenson,
ASLA, Director, Community Development Department stated, "No it is not at this point,
but however, once we finalize this and again, we are working with our Consultant to
make sure we have all of the current developments, so that it is an upgradable format -
we will look to put it on the Website, and I'll find out how to do that." Commissioner
Miller added, "If the Commission doesn't have any objection, we'll find out a way to get
it on the front page." No objections were noted.
e
1Ir=-~
~:
~
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14,2005
PAGE 9 OF 33
Mayor Bush noted a reference to the Dittmer Large Scale Comprehensive Plan
Amendment shown on page 2 and said, "I would appreciate a kind of a head's up
when. . ." Commissioner McGinnis said, ".. .Ditto. . ." Mayor Bush continued, "... When
outside people, outside the Commission are inquiring about this, that we know about this,
especially Commissioner McGinnis - this is her District. It would be nice that you would
bring her up to date on who was inquiring about it, and what was their concern." Mr.
Stevenson acknowledged this issue and stated, "We will make sure that - to notify all of
those who would be affected from a traffic standpoint, from the school loading
standpoint, and so forth."
Mayor Bush added, "We have promised the School Board that we would keep them
informed." Discussion.
INFORMATIONAL
301. Finance Department - Parks And Recreation Department
Wishes To Inform The City Commission About The Revenue And Expenses Of The
Concession Stand.
Commissioner Krebs asked about the possibility of having hot foods available for sale.
With brief discussion, Mr. Pula stated, "I'd be glad to talk to you about it."
INFORMATIONAL
302. Parks And Recreation Department
Wishes To Inform The City Commission Of The Department's Intent To Schedule
The Following Winter Spring Events.
As noted under Agenda Changes, Mayor Bush noted that the date for the "Babe Ruth"
Kick-off is really February 25th, not the date noted in the Agenda Item.
Commissioner Gilmore asked if we were also considering Tennis and Handball, to which
Mr. Pula responded, "We definitely are."
Discussion ensued on using the FLOP (Friends of Leash Optional Parks) group; and
Soldier's Creek.
Mr. Joe Gasparini, Manager - Parks and Recreation, Seminole County, 264 West North
Street, Altamonte Springs, Florida: stated, "As far as our focus with what the County is
doing - we're looking over at Soldier's Creek Park right now, trying to put some
resources in that because that is a facility that has been there for several years and we
have had some good partnerships there and we're trying to go out now and see what that
site could actually support, and from that point, maybe go out and see what kind of
partners we can get there, that seems where our commitment is right now.
I!
IE:~':'
~
ea
~
......."t~
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14,2005
PAGE 10 OF 33
And Jetta Point as far as the County is concerned - it's on hold right now because of-
resources and what the priorities are, but we would definitely want to try - obviously the
County has made a commitment because they've purchased the Jetta Point property and
there is certainly a tremendous amount of potential for partnership between the three (3)
entities, Oviedo, Winter Springs, and Seminole County."
Mayor Bush said to Mr. Gasparini, "So we are not at fault with Jetta Point not moving
along a little faster at this point, it's really the County has other priorities right at this
moment. Is that correct?" Mr. Gasparini stated, "Yes, Sir:'
Discussion ensued on the status of Soldiers Creek, to which Mr. Gasparini stated, "There
are wonderful design plans and what can go on this property here, but, we've got this
environmentally sensitive area and we're not quite sure what can go, so we are right now
working with a design consultant and go out and see what we can actually put there and
right now, our Commission has told us to make it primarily a baseball facility, possibly
softball along with that and we're - looking like I said with other partners, private, public
or a combination thereof for that site, so depending on what can be put there, then we'll
go out about - at some point once we know what will fit, then we will go out and see
who's interested." Mayor Bush said to Mr. Gasparini, "So we are waiting at this point
for your Consultant to come back with information?" Mr. Gasparini stated, "And we're
looking to have that done, we're trying to fast-track that - we're looking at January,
February, really pushing hard to get something going there, because - we know that this
site needs a lot of movement so it can be something that people can be proud of."
Discussion ensued on why the City Commission did not get updates on Soldier's Creek to
which, Mayor Bush said, "That is what Commissioner Krebs is saying, "We need to
know what your opinions are." Commissioner Krebs said, "Right." Regarding updates,
Commissioner Krebs stated, "We get updates on what is going on in the Town Center -
why can't we get updates on that? We stated something was going to happen in ninety
(90) days, and then a Commissioner asks in August where we are on it - I am just saying,
what is wrong with an update?" Manager McLemore said to Mr. Pula, "Did you discuss
this in your Monthly Report?" Mr. Pula responded, "No, I did not." Manager McLemore
said, "It should have been."
Mayor Bush said to Mr. Gasparini, "You take that back to the County Commissioners,
will you?"
INFORMATIONAL
303. Parks And Recreation Department
Wishes To Inform The City Commission About The Schedules Of The Winter
Springs Holiday Festival Weekend.
Discussion ensued on new plantings in the Parade Route; followed by discussion on
throwing candy during the Parade and possible safety issues.
,......
~
~ ~
~
r.
~
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14, 2005
PAGE" OF 33
MOTION THAT "NO CANDY IS TO BE THROWN FROM MOVING
VEHICLES DURING THE PARADE." MOTION BY COMMISSIONER
McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: NAY
DEPUTYMAYORBLAKE: NAY
COMMISSIONER MILLER: NAY
MOTION DID NOT CARRY.
INFORMATIONAL
304. Parks And Recreation Department
Wishes To Inform The City Commission Regarding Current Discussions With
Seminole County And Oviedo Regarding The Future Development Of Jetta Pointe
Park.
No discussion.
INFORMATIONAL
305. Public Works Department
Advising The City Commission Of The Status Of Various Capital Improvement
Projects.
Discussion.
Commissioner Miller remarked, "1 would like to see something in here in the future on -
the treeing of [State Road] 434 out here." Brief discussion.
Next, Commissioner Miller stated, "Burying the power lines on [State Road] 434, 1
would like to see that put in here as an Item, so that we are reminded constantly of the
need to do that.;'
Commissioner Gilmore said to Mr. Lockcuff, "1 like the way you put in bold, the
additions pertaining to this - and would like you to show it to Mr. Stevenson. Putting
that in bold is good, it draws our eye right to the new items." Commissioner Gilmore
added, "1 would like to compliment you on the map of the Town Center."
-==a
~
~
~
.;;;,.
CITY OF WINTER SPRINGS, FLDRIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14,2005
PAGE 12 OF 33
Next, Commissioner Gilmore discussed with Greg Bishop, Capital Projects Coordinator,
Public Works Department on where maps of the Trail can be obtained. With mention of
a link on our City's Website under "Capital Projects", Mr. Bishop stated, "I think we can
make that information known to the Information Management folks and they can
probably attach those links." Commissioner Gilmore added, "That, and it would be nice
if we had a couple of maps of that."
Discussion ensued on burying power lines as noted in this Agenda Item. Commissioner
Miller stated, "We waited about three (3) years while you kept asking the Power
Company to give us an estimate of what it was going to cost. You kept giving us a ball
park figure of three to four million dollars ($3,000,000.00 - $4,000,000.00) to do this
section - I remember several million dollars to do the section from Sheoah Boulevard and
Moss Road. You also had mentioned repeatedly that Town Center section."
Commissioner Miller then said, "I want it to be kept before the Commission if at all
possible so that we don't have to keep asking." Commissioner McGinnis said, "I agree."
Commissioner Miller added, "This was a Commission led initiative in my opinion."
Commissioner Miller then mentioned previously asking for shade trees in the Town
Center area and explained, "We agreed to do it, but we didn't fund it, so that ought to be
on here to remind us." Commissioner McGinnis stated, "I totally agree about the
underground. "
Mayor Bush then said, "To move on beyond this Report, is it a Consensus of the
Commission?" Commissioner Krebs said, "Sure." Commissioner Gilmore remarked,
"Right." No objections were noted at this point.
Commissioner Miller restated the request in that, "I would like to see a Line Item in there
that says undergrounding the power lines on [State Road] 434, and provided - what the
last estimates were provided by Florida Power, what we have done - our discussions in
general, in one paragraph. What the estimate was that came back before Florida Power -
I think it was under a million dollars. It surprised all of us."
With discussion, Deputy Mayor Blake suggested, "What might get us closer to what is
desired on this would be if we - direct the Manager to bring back to us at the next
Meeting or the Meeting after, an update of, and perhaps a reminder of where this Project
was, how far we went on it, what the last thing was that was done on it; and what kind of
steps we can take in the future."
Commissioner Miller stated, "I don't have any problem with what Commissioner Blake
said, it is just that a lot ofthings are slipping - away here."
S
IlL ~
n-l
"'..
~
CITY OF WINTER SPRINGS, FWRIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14,2005
PAGE 13 OF 33
Manager McLemore said, "What I was going to suggest was to bring those items back to
you for discussion." Commissioner Krebs asked, "Is the Commission in agreement with
the Manager. . ." Commissioner Gilmore asked, ".. .Are you going to bring back the trees
out here too, and the curbing?" Manager McLemore explained, "We'll bring back these
three (3) things to you." Commissioner Gilmore said, "Okay." Commissioner Krebs
stated, "That is fine." Commissioner Krebs then added, "I go along with the Consensus
that we go ahead and have it on that - Line Item of wherever we are, whether it is funded
or not, just write, not funded - currently not funded." Mayor Bush then said, "I think
both suggestions are good."
Mayor Bush summarized saying, "The Consensus would be to go ahead and put it on
here, as well as do the Agenda Items." Mayor Bush added, "Everybody is in agreement
that it will be on the Public Works list at this point, as well as an Agenda Item for a future
Meeting, be it the next Meeting or the Meeting after."
On a separate issue, further discussion ensued with Mr. Bishop on whether the stamping
is off center, to which Mayor Bush asked for a written explanation to share with those
that ask about this.
Commissioner Gilmore said, "When we were adding these items to this program, Capital
Improvements list, I would like to have something put in there, continued - to keep us
informed as to what is going on with the Light Standards on - [State Road] 434 - and the
sidewalks, and things like that; so that we know that that is not going to die on us."
Commissioner Gilmore added, "Make sure that we are kept informed of what is going
on."
INFORMATIONAL
306. Community Development Department
Advising The City Commission Of The Current Status Of The Property Located On
The Western Boundary Of The Foxmoor Subdivision Adjacent To The City Of
Casselberry Maintenance Yard.
There was no discussion on this Agenda Item.
"MOTION TO APPROVE - THE INFORMATIONAL AGENDA." MOTION BY
COMMISSIONER. MILLER. SECONDED BY COMMISSIONER McGINNIS.
DISCUSSION.
s
-- ~
r-;
,.,.
~
...-:>
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14, 2005
PAGE 14 OF 33
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER GILMORE: AYE
DEPUTY MAYOR BLAKE: AYE
MOTION CARRIED.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
400. Not Used.
PUBLIC HEARINGS
401. Office Of The City Manager
Requesting The City Commission Hold A Public Hearing On The Adoption Of
Resolution [Number] 2005-43, "The Final Improvement Assessment Resolution And
Maintenance Assessment Resolution For The Tuscawilla (Phase II) Assessment
Area. "
Ms. Michelle Greco, Director, Finance Department introduced this Agenda Item.
During discussions with Mr. Richart, Deputy Mayor Blake remarked that "These two (2)
or maybe three (3) - that should not be excluded, primarily everything east of the eastern
boundary." Deputy Mayor Blake continued by saying, "There are four (4) parcels that
should not be excluded - 05-21-31-505-0000-0020. The second one, all the same except
for the '2' at the end, iUs a '3'. The next one is all the same, except it is a 4 - that
property is squarely on Vistawilla [Drive], which is one of the affected streets. And, the
last parcel- is the Hess Station." Deputy Mayor Blake added, "The other parcels I gave
you are the Plaza, and the Colonial Bank property; and the Vistawilla Property."
With further discussion, Deputy Mayor Blake stated, "My whole point is what we are
really trying to get to here is to make sure that those landowners can truly benefit from
this, and I believe there is a nexus and should pay for it, help defray the costs. The
problem that we have, what you are asking for Commissioner, is for all the residential
individuals, the homeowners, to pay the full cost that some commercial owners - some of
them don't even pay taxes now by the way, are going to get some benefit from. And my
only point is that we should effectively spread the cost to those who benefit from it."
Discussion.
Discussion ensued on the three (3) minute Public Input rule.
NOTE: Due to technical difficulties, portions of this audiotape were inaudible.
8
IL. ~
~
~
ES
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14,2005
PAGE 15 OF 33
Mayor Bush opened the "Public Input" portion of the Agenda Item.
Mr. Rande Thompson, 108 Marsh Creek Cove, Winter Springs, Florida: addressed the
City Commission on this issue.
Mr. Moti Khemlani, 605 Morgan Street, Winter Springs, Florida: also spoke on this
effort, and suggested that nothing be changed.
Ms. Greco spoke for the Record about being a Tuscawilla resident.
Mr. Gary Hillery, 1220 Winter Springs Boulevard, Winter Springs, Florida: spoke of
time and effort already expended on this issue.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
Commissioner Gilmore stated, "Before we finalize it and go out, let's make - sure we
have the right numbers." Discussion.
"1 WOULD LIKE TO MAKE A MOTION - TO ADOPT RESOLUTION 2005-43,
THE FINAL IMPROVEMENT ASSESSMENT RESOLUTION AND
MAINTENANCE ASSESSMENT RESOLUTION FOR THE TUSCA WILLA
(PHASE II) ASSESSMENT AREA, SETTING THE MAXIMUM CAPITAL
IMPROVEMENT ASSESSMENT RATE AT SEVENTEEN DOLLARS ($17.00)
AND THE MAXIMUM MAINTENANCE ASSESSMENT RATE AT FORTY-
EIGHT DOLLARS ($48.00) FOR THE TUSCA WILLA PHASE II
IMPROVEMENT PROJECT, ADOPTING THE CAPITAL IMPROVEMENT
AND MAINTENANCE ASSESSMENT ROLLS, AND APPROVING THE
ADVERTISED PREPAYMENT RATES AS PER STAFF'S
RECOMMENDATION." MOTION BY COMMISSIONER KREBS. SECONDED
BY COMMISSIONER GILMORE. DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
DEPUTY MAYOR BLAKE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
Brief discussion ensued on Resolution 2004-12 which addresses public debate
procedures.
,.....
=
II:- :lII
r-l
ea
ES
CITY OF WINTER SPRINGS, FWRIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14, 2005
PAGE 16 OF 33
PUBLIC HEARINGS
402. Office Of The City Manager
Requesting The City Commission Hold A Public Hearing On The Adoption Of
Resolution [Number] 2005-44, Electing To Use The Uniform Method Of Collecting
Non-Ad Valorem Special Assessments Levied Within The Tuscawilla (Phase II)
Assessment Area.
Ms. Greco presented brief opening comments related to this Agenda Item.
Mayor Bush opened the "Public Input" portion of the Agenda Item.
No one spoke.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
"MOTION TO APPROVE ITEM '402'." MOTION BY COMMISSIONER
MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION.
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
DEPUTY MAYOR BLAKE: AYE
MOTION CARRIED.
PUBLIC HEARINGS
403. Office Of The City Attorney
Requests The City Commission Consider And Approve Ordinance [Number] 2005-
31 On First Reading.
Mayor Bush stated, "Motion to read by 'Title' only?"
"SO MOVED." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH
STATED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION.
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR BLAKE: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
Attorney Garganese read the Ordinance by "Title" only.
.:::a
=
K = :.
~
~
CITY OF WINTER SPRINGS, FWRIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14, 2005
PAGE 170F33
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.
With discussion, Commissioner Gilmore spoke of the permitted absences and suggested,
"I would like to see us drop that down to about five (5). If you miss five (5) out of twelve
(12),1 am not sure you are really interested in that Board, and we should make room for
somebody else on there, so 1 would like to see us expand this beyond the quarterly's."
Commissioner Krebs said, "Commissioner Gilmore you are right, I agree."
Commissioner Krebs added, "I think five (5) is more than enough."
Attorney Garganese commented, "I can change that before Second Reading."
"I WOULD LIKE TO MAKE A MOTION THAT WE INCLUDE IN THIS
ORDINANCE 2005-31, THAT IF A MEMBER OF A BOARD, MEETING
TWELVE (12) OR LESS, AND MISSES FIVE (5) MEETINGS IN A YEAR, THEN
HE WOULD BE ELIGIBLE TO BE REMOVED..." MOTION BY
COMMISSIONER GILMORE. ATTORNEY GARGANESE ADDED,
"...WOULD BE REMOVED AUTOMATICALLY." COMMISSIONER
GILMORE ADDED, "MISS FIVE (5) MEETINGS IN ONE (1) YEAR, ON THE
BOARDS THAT MEET MORE THAN QUARTERLY." COMMISSIONER
KREBS ASKED FOR CLARIFICATION, "WOULD THAT INCLUDE
COMMITTEES ALSO?" ATTORNEY GARGANESE STATED, "YES."
SECONDED BY COMMISSIONER KREBS. DISCUSSION ENSUED ON
FORMER DELIBERATIONS OF RELATED ISSUES.
"IN DISCUSSING THE MOTION ON THE FLOOR, ATTORNEY GARGANESE
EXPLAINED THAT I THINK THE MOTION WAS TO APPROVE AS
WRITTEN, EXCEPT CHANGE THE CURRENT REQUIREMENT THAT
REQUIRES AUTOMATIC REMOVAL ~ WHEN SEVEN (7) ABSENCES FROM
ANY MEETING OCCURS WITHIN A TWELVE (12) MONTH PERIOD,
CHANGE THAT TO FIVE (5)."
VOTE:
COMMISSIONER KREBS: AYE
DEPUTY MAYOR BLAKE: NAY
COMMISSIONER MILLER: NAY
COMMISSIONER McGINNIS: NAY
COMMISSIONER GILMORE: AYE
MOTION DID NOT CARRY.
-=a
~
~
~
CITY OF WINTER SPRINGS, FWRIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14,2005
PAGE 18 OF 33
"I WOULD LIKE TO MAKE A MOTION THAT WE MOVE THIS ITEM
FORWARD TO THE NEXT REGULARLY SCHEDULED COMMISSION
MEETING FOR AN ADOPTION HEARING, AND DIRECT THE CITY
MANAGER TO BRING BACK TO US THE MINUTES AND ACTION NOTES
THAT TOOK PLACE DURING THE DELIBERATIONS WHEN THE
ORIGINAL ORDINANCE WAS PUT IN PLACE." MOTION BY DEPUTY
MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS.
DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER GILMORE: AYE
DEPUTYMAYORBLAKE: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
Mayor Bush called a Recess at 9:28 p.m.
Mayor Bush called the Meeting back to order at 9:43 p.m.
REGULAR AGENDA
REGULAR
500. Office Of The City Manager
Making The Commission Aware Of Citizen Request's To Utilize The Tuscawilla
Lighting And Beautification Assessment District Authority To Repair And Improve
Fences Along The East Side Of Tuscawilla Road Between Trotwood Boulevard And
Winter Springs Boulevard, And To Determine If The Commission Desires To Take
Any Action On The Matter.
Discussion,
"I WILL MAKE A MOTION THAT WE TAKE NO ACTION ON THIS."
MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR
BLAKE. DISCUSSION.
VOTE:
DEPUTY MAYOR BLAKE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
,.....
=
IE:- ~
r-.
",.
~
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14, 2005
PAGE 19 OF 33
REGULAR
501. Utility Department
Presenting the Reclaimed Water Augmentation Study.
Mr. Terry Zaudtke, P.E., Chief Operating Officer, CPH Engineers, Inc., 1117 East
Robinson Street, Orlando, Florida: gave a presentation to the City Commission on this
Agenda Item.
Discussion.
Deputy Mayor Blake spoke for the Record regarding a pipe.
Discussion.
Mr. Zaudtke added, "Since this is part of the overall Utility Plan, in other words, getting
water, we could possibly look at the adjustment and usage of Impact Fees to be paying
for Capital Improvements here, because it frees up water." Mr. Lockcuff said, "We better
talk about that."
Further discussion.
Deputy Mayor Blake commented on Section 3.4 to which he stated, "Specifically, does
that language coincide with Figure 4-1?" Mr. Zaudtke stated, "Yes, it does come out of
the water supply work plan." Mr. Lockcuff suggested, "Would you be comfortable if we
cut it on. . ." Deputy Mayor Blake said, ".. .DeLeon Street up and - up to where the City
Limits currently are." Mr. Lockcuff then said, "That's fine." Deputy Mayor Blake
added, "And change the text as well?" Mr. Zaudtke stated, "I don't see any problem with
that." Commissioner McGinnis remarked, "I agree."
Discussion.
"I MOVE THAT WE APPROVE AND ADOPT THIS AUGMENTATION STUDY
FOR - PERMITTING FOR - WITH BROAD SERVICE WATER FROM LAKE
JESUP - WITH THE MAP CHANGES..." MR. ZAUDTKE ASKED, "...AND
THE LANGUAGE CHANGE IN PARAGRAPH 3.4..." COMMISSIONER
McGINNIS ADDED, "...RECOMMENDED CHANGES FROM OUR
CONSULTANT." MOTION BY COMMISSIONER McGINNIS. SECONDED BY
COMMISSIONER GILMORE. DISCUSSION.
,:::a
~
~~:JII
~
~
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14, 2005
PAGE 20 OF 33
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: AYE
DEPUTYMAYORBLAKE: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
REGULAR
502. Community Development Department
Requesting Authorization To Enter Into A Contract Agreement With Winding
Hollow Homeowners Association (HOA). For The Installation Of Upgraded
Streetlighting Throughout The Subdivision.
Mr. Richart presented this Agenda Item for discussion.
Commissioner Krebs asked about the integrity of the Vote that was taken; and asked,
"How do we know that it was held like we would have held a Straw Ballot - counted by
people that we would have entrusted, etceteras."
Mr. Gregory Pike, 810 Shallow Brook Avenue, Winter Springs, Florida: as the
Homeowner's Association President, Mr. Pike spoke of the ballot process, and the
results.
With discussion, Commissioner Krebs then said to Mr. Pike, "I don't know anything
about the Straw Ballot, I didn't see it go out; I don't know what it asked - I don't know
that you can prove that it was mailed to everybody or that everybody had the chance.
Were there two (2) things in it? Was it mailed together with the - what were the two (2)
things you mailed out?" Mr. Pike responded, "The Board's ballot for all the Board
Members, as well as that." Commissioner Krebs asked, "In the same envelope -
together?" Mr. Pike replied, "Yes." Commissioner Krebs explained, "That is exactly
what I would object to - that it was not sent as a separate issue."
Discussion ensued on tax issues.
Deputy Mayor Blake said, "I think there is some confusion in here, in terms of the taxes,
how much gets paid. I read something in here - it talks about where we are taking out the
Municipal Franchise Fee or Utility Tax because it is passed through, and comes back to
us. That matters if we are paying for it, and it matters on the first - where we just raised
it to..." Mr. Richart said, ".. .$11.55..."
c:a
~
&- ]II
r-.
~
~
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14, 2005
PAGE 21 OF 33
Deputy Mayor Blake continued ".. .$11.55, whatever the number is - which by the way is
wrong in the document here, and that is only because of timing and date - that would
have to be updated as well. But the portion on top of that, over and above that number
would still be billed, and would be part of it. In other words, the Municipal Utility Tax
and the Franchise Fee on that portion that is above the $11.55, whatever you said it was-
that would still be billed. It would have to be."
Deputy Mayor Blake added, "I think there are a lot of unanswered questions here tonight,
that don't make it too easy to go forward."
Commissioner McGinnis stated, "I think there are a lot of HOA's (Homeowner's
Associations) that are going to go this way, and we should have really laid that process
out first - the payment schedule."
Brief discussion ensued on mandatory Homeowner's Association's.
"I MOVE THAT WE TABLE THIS FOR ONE (1) MEETING - OUR NEXT
MEETING - POSTPONED." MAYOR BUSH ADDED, "POSTPONED TO THE
NEXT MEETING?" COMMISSIONER McGINNIS SAID, "YES." MOTION BY
COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BLAKE.
DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
DEPUTY MAYOR BLAKE: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
Further discussion followed on this Agenda Item.
Commissioner Gilmore asked about this including street signage to which Mr. Richart
stated, "It will probably come back with street signage in the future."
"WE NEED TO EXTEND THE MEETING." MOTION BY COMMISSIONER
MILLER. MAYOR BUSH STATED, "EXTENDING AN HOUR." SECONDED
BY COMMISSIONER BLAKE." DISCUSSION.
,.....
~
~~~
n.
".
~
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14,2005
PAGE 22 OF 33
VOTE:
DEPUTY MAYOR BLAKE: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
REGULAR
503. Office Of The City Manager
In Accordance With Section 19 Of BID # L TB-009-05-RM Request For Bids For
Solid Waste Collection Services The City Manager Requesting The City
Commission To Award A Contract To Waste Pro Services To Provide Solid Waste
Services To The City Of Winter Springs Subject To Successful Negotiations, And To
Authorize The City Manager To Negotiate The Final Terms And Conditions Of An
Agreement For Said Services.
Manager McLemore introduced this Agenda Item.
Commissioner McGinnis asked, "Is this still the same level of service?" Manager
McLemore stated, "It's two (2) garbage collections, one (1) yard waste and generally
trash - and then once a week recycling."
Discussion then ensued on the cart system or roll-out devices.
Regarding the Contract, Commissioner Gilmore said, "I would like to see it tied down
somewhat about this special pick-up for things like fence panels, and - things you make a
call for. I don't like them open-ended - the people in the City should be able to tell the
homeowner, you call this number and they'll pick it up, and at least have some type of
price on it, rather than just open-ended." Manager McLemore said, "Okay."
Deputy Mayor Blake asked about replacement containers, and how soon you could get
such. Discussion.
Mayor Bush spoke of the "Price of gasoline and some kind of a fuel charge in there that
can be adjusted if the price of gas goes down."
"I MOVE THAT WE ALLOW THE CITY MANAGER TO CONTINUE
NEGOTIATIONS WITH WASTE PRO SERVICES TO ARRIVE AT A BID
THAT HE CAN BRING BEFORE US FOR APPROVAL." MOTION BY
COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS.
DISCUSSION.
~
~
g~
ea
~
.........."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14, 2005
PAGE 23 OF 33
WITH DISCUSSION ON THE LENGTH OF THE CONTRACT, DEPUTY
MAYOR BLAKE SUGGESTED THAT "I WOULD LIKE TO SEE A LONGER
ALTERNATIVE ALSO."
ATTORNEY GARGANESE SPOKE FOR THE RECORD AND STATED,
"WHAT THE COMMISSION IS DOING TONIGHT IS AWARDING THE
CONTRACT TO WASTE PRO SERVICES AS THE LOWEST AND BEST
BIDDER SUBJECT TO APPROVAL OF A WRITTEN CONTRACT BEING
APPROVED BY THE CITY COMMISSION AT A SUBSEQUENT MEETING
AND THAT THE CITY COMMISSION RESERVES THE RIGHT TO REJECT
ANY AND ALL BIDS OR - FURTHER GO ON TO THE NEXT LOWEST AND
BEST BIDDER SHOULD YOU NOT ENTER INTO FINAL TERMS WITH
WASTE-PRO."
DEPUTY MAYOR BLAKE STATED, "I MAKE - THE ATTORNEY'S
LANGUAGE - ACTUALLY AS A SUBSTITUTE MOTION." SUBSTITUTE
MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER
McGINNIS. DISCUSSION.
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
DEPUTYMAYORBLAKE: AYE
MOTION CARRIED.
REGULAR
504. Information Services Department
Wishes To Inform The Commission Of The Cost And Issues With Regard To
Moving The City Operator To City Hall And To Obtain Further Direction From
Commission On This Project.
Mr. Joe Alcala, IT Coordinator/Security Administrator, Information Services Department
addressed the City Commission.
Discussion ensued on the position as an Operator versus a Receptionist.
Commissioner Miller stated "Point of Clarification" and spoke of this position.
Chief of Police Daniel J. Kerr spoke of the previous Operator position.
e
~
ea
~
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14, 2005
PAGE 24 OF 33
Commissioner Gilmore suggested that "Put it against the wall and you can drop all the
data lines and telephone lines and power lines you want." Commissioner Gilmore
added, "We got into this, putting them in the Lobby - that was not the ideal spot. That
was not the spot that was recommended by the Consultant." Commissioner Krebs stated,
"I agree with Commissioner Gilmore."
"I WOULD LIKE TO MAKE A MOTION TO HIRE A CITY OPERATOR OR
MOVE A CITY OPERATOR, DEPENDING ON HOW THE MANAGER WANTS
TO HANDLE IT INTO CITY HALL - A TELEPHONE OPERATOR." MOTION
BY COMMISSIONER KREBS. COMMISSIONER KREBS THEN ADDED, "I
THINK HE COULD DO WHATEVER HE WANTS - IF SHE DOES SOME
RECEPTIONIST WORK, THAT IS FINE. IF SHE DOES OTHER WORK THAT
IS FINE, WHILE SHE IS ON THE PHONE." COMMISSIONER KREBS THEN
SAID, "I WOULD LIKE TO MAKE A MOTION THAT WE GO AHEAD AND
MOVE FORWARD WITH THIS." MAYOR BUSH STATED, "SECONDED BY
COMMISSIONER MILLER." DISCUSSION ENSUED ON FUNDING.
DEPUTY MAYOR BLAKE STATED, "I AM ASKING WHERE THE REVENUE
IS GOING TO COME FROM." MANAGER McLEMORE SAID, "YOU WILL
HAVE TO DECIDE IN A FUTURE YEAR, WHERE THAT REVENUE IS GOING
TO COME FROM." COMMISSIONER McGINNIS STATED, "WE WILL."
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
DEPUTYMAYORBLAKE: NAY
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
REPORTS
REPORTS
600. Office Of The City Attorney - Anthony A. Garganese, Esquire
Mayor Bush congratulated Attorney Garganese on his new daughter.
Attorney Garganese commented that he had received an inquiry about 123 Kristi Ann
Court and the previous direction of using the townhouse for housing Hurricane Katrina
victims. With discussion on the status of the readiness of the townhouse, Commissioner
McGinnis said, "This has been such a long time since then, we need to establish through
the Red Cross if there is a need." Manager McLemore said, "Yes, we will."
Commissioner McGinnis added, "Then if there isn't a need, go ahead and proceed with
selling it." Manager McLemore remarked, "If there is not a need, we will bring it back."
~
=
K: ~
r-.
n.
~
CITY OF WrNTER SPRrNGS, FLORIDA
MrNUTES
CITY COMMISSION
REGULAR MEETrNG - NOVEMBER 14, 2005
PAGE 25 OF 33
Deputy Mayor Blake noted, 'But in any event, we are selling that property, there was
targeted market that the City invested towards in order to give somebody ownership
opportunity, not for the next door value who might find investment value in it."
Commissioner Krebs added, "Exactly." With further discussion, Attorney Garganese
stated, "I will tell him 'No'."
REPORTS
601. Office Of The City Manager - Ronald W. McLemore
Manager McLemore spoke of "A request for funding assistance for the Early Learning
Coalition."
"I MOVE THAT WE REJECT THIS." MOTION BY COMMISSIONER
McGINNIS. MAYOR BUSH SAID, "AND THE MANAGER WOULD
RESPOND." SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
DEPUTY MAYOR BLAKE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
Manager McLemore spoke on a Nursery Road issue and stated, "We can treat it as
already approved by virtue of a prior decision or 'No,' it needs to come back to you for
separate consideration."
Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development
Department commented further on this issue.
Discussion.
Deputy Mayor Blake asked about Code Enforcement issues.
With discussion, Mayor Bush said, "The Consensus was this comes come back as an
Agenda Item and I would assume he would pay the fee."
"I WILL MAKE A MOTION THAT THIS ITEM BE BROUGHT BACK BEFORE
US AS A NORMAL AGENDA ITEM SO THAT IT CAN RECEIVE THE SAME
DUE PROCESS THAT EVERY OTHER DEVELOPMENT PROJECT
RECEIVES." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY
COMMISSIONER KREBS. DISCUSSION.
~
~
~
~
CITY OF WINTER SPRINGS, FWRIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14, 2005
PAGE 26 OF 33
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER McGINNIS: NAY
COMMISSIONER GILMORE: NAY
DEPUTYMAYORBLAKE: AYE
MOTION CARRIED.
Manager McLemore asked, "Is that also with the same charges - the five hundred dollars
($500.00) or do we waive that?"
Manager McLemore then mentioned an employee family issue involving sick leave buy-
back.
"I WOULD LIKE TO MAKE A MOTION THAT THE CITY MANAGER IS
AUTHORIZED TO BUY-BACK A HUNDRED PERCENT (100%) OF RON
COX'S SICK LEAVE AT THIS POINT, AND IT CAN BE DONE ALL AT ONCE,
IT CAN BE DONE ON AN AS-NEEDED BASIS AT WHATEVER LEVEL IS
NECESSARY, AND DONE ONLY IN THIS PARTICULAR INSTANCE."
MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER
KREBS. DISCUSSION.
DEPUTY MAYOR BLAKE THEN NOTED, "SO IF HE NEEDS ALL OF IT,
GIVE IT ALL TO HIM, AND IF HE STILL NEEDS TIME OFF, I THINK
THERE IS PROBABLY A WAY TO MAKE THAT HAPPEN AS WELL."
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
DEPUTY MAYOR BLAKE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
REPORTS
602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC
No Report.
"MOVE TO EXTEND." MOTION BY COMMISSIONER McGINNIS. MAYOR
BUSH STATED, "SECOND." DISCUSSION.
f!
~ ~
~:
i
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14,2005
PAGE 27 OF 33
VOTE:
DEPUTYMAYORBLAKE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
REPORTS
603. Commission Seat Four - Sally McGinnis
Commissioner McGinnis said to Attorney Garganese, "Remember we brought up the
issue of researching what is being done about vicious dogs?"
Next, Commissioner McGinnis said to Manager McLemore, "I gave you information on
the program from Longwood. Is there anyway that can get on our Agenda before the first
of the year?" Manager McLemore responded, "Yes."
Commissioner McGinnis spoke of Code Enforcement in the City's blighted areas and
said, "I am suggesting that we have very aggressive intense Code Enforcement on every
little thing we can find in our areas that are blighted, Lori Anne Lane - Fairfax Avenue,
and just relentlessly offer citations. I would suggest perhaps a letter from the City to
every Property Owner there - explain to them that we will be doing strict Code
Enforcement. "
Discussion ensued on whether there were actual areas of blight in the City. With
discussion, Manager McLemore said, "We could do the enforcement without saying
anything." Commissioner McGinnis stated, "I understand that very well - I am
comfortable with that. In the meantime, if we could just begin to do some real serious..."
Manager McLemore remarked, "... Yes."
Next, Commissioner McGinnis suggested we look into buying the Winter Springs Golf
Course. Discussion.
Regarding a possible Feasibility Study, Commissioner McGinnis said to Manager
McLemore, "Could we let the Bank know that we are doing a Feasibility Study?"
Manager McLemore said, "Sure."
"I MOVE THAT WE EMPOWER OUR CITY MANAGER TO FIND A
CONSULTANT TO DO A FEASIBILITY STUDY ON PURCHASING WINTER
SPRINGS GOLF COURSE." MOTION BY COMMISSIONER McGINNIS.
~
IL~"
~
i
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14, 2005
PAGE 28 OF 33
COMMISSIONER McGINNIS NOTED, "I DON'T WANT IT TO GO TO A
DEVELOPER TO DEVELOP HOUSING UNITS." MANAGER McLEMORE
SAID, "LET ME COMMUNICATE THAT TO THE BANK AND SEE WHAT
THEIR RESPONSE IS." COMMISSIONER McGINNIS SAID, "OKAY."
Commissioner McGinnis stated, "I will withdraw my Motion. I would like to have Ron
[McLemore] talk to the Banle" Manager McLemore stated, "I will talk with them again
tomorrow, and see what the status is and relay to them your concerns." Mayor Bush
asked, "Is the Commission in agreement with this." Commissioner McGinnis stated,
"Yes."
REPORTS
604. Commission Seat Five - Joanne M. Krebs
Commissioner Krebs asked about a Photographer who attends events with the Mayor and
City Commission. With brief discussion, Mayor Bush said, "At the Holiday Parade, the
Orlando Philharmonic - the Orchestra Petting Zoo, I think we need to have pictures of
those events for our Newsletter." Deputy Mayor Blake said, "At big events like that,
there are individuals there from generally whichever department is putting it together
already. Just need to make sure that one of them has a camera and takes some of those
pictures as part of their duties." Commissioner Krebs added, "Right."
Mayor Bush then said, "Maybe Mr. McLemore can arrange for that with his Department
Heads." Mayor Bush then noted, "I think those photographs should be taken and - look
to see if they will fit into the Newsletter." Furthermore, Mayor Bush said, "Hopefully -
we can cover that with Staff. For instance, the dedication of the new Park. I know
Chuck [Pula] took some pictures, or somebody did - I don't think I have seen them."
Secondly, Commissioner Krebs then mentioned a recent "Mock DUI" and an event for
those Volunteers.
Thirdly, Commissioner Krebs remarked, "In the future, if during a Meeting, we call a
Break or whatever, and there is a meeting behind closed doors and a Commissioner has
the opportunity to speak with the Attorney or the City Manager and none of us can go
back there because of Sunshine violation, but I would request the same opportunity to
discuss whatever information is being discussed, so that I am on the same page and level
as everybody else at the time we come back out to the dais." Commissioner McGinnis
stated, "Here, here."
-==
~
~=-~
~
i
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14, 2005
PAGE 29 OF 33
REPORTS
605. Office Of The Mayor - John F. Bush
Mayor Bush noted that "I am going to talk to the Manager about this - there are some
issues that I think that come up - I am going to go to the Lee Constantine's - and the
Manager has recommended a couple of items and one is of course the State Road 434,
one is on Mitigation; and I am going to work with Staff and put together some questions
- what I call 'Talking points' much like the League of Cities does, short paragraphs, not
in depth, share them with all of you because I think you could use them too."
Next, Mayor Bush remarked that "One of the things on our Meeting with Oviedo that -
when Ron started the meeting, he said our top priority was the Home Rule issue, and
obviously it is a top priority, but I don't recall the Commission set an Agenda or a
priority." Mayor Bush then said, "I think when we meet again I would like for our
Commission to sit down with Ron [McLemore] and we layout exactly what we think our
priorities really are and then let the Oviedo people know this well in advance."
Mayor Bush noted he attended Longwood's Swearing-In Ceremony - and spoke of
Elected Officials in this country and other country's around the world.
Next, Mayor Bush remarked, "I would like to make a recommendation naming a very
short street. The road that goes into the Senior Center, which doesn't have a name and is
probably actually a driveway, it's maybe not a City street. But as you know, John
Ferring and his wife Pat who has passed away did a great deal for the Senior Center."
Mayor Bush added, "I would like the Commission to consider naming that - driveway -
'Ferring's Way', something to that effect."
Commissioner McGinnis suggested checking with Susie Coffman with the Senior Center,
and said, "I would suggest we find out." Mayor Bush said, "I will talk to Susie
[Coffman] about it."
"I WILL MAKE A MOTION THAT WE NAME THE ENTRYW AY GOING
INTO THER SENIOR CENTER 'FERRING WAY' - OR DIRECT STAFF TO DO
THE APPROPRIATE 9-1-1 CHECKS OR WHATEVER HAS TO HAPPEN TO
MAKE - SURE THAT THERE ISN'T A CONFLICTING ROAD NAME, AND TO
DO SO WITH DUE HONOR TO MR. FERRING." MOTION BY DEPUTY
MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION.
,::::a
~
R:
~
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14,2005
PAGE 30 OF 33
VOTE:
DEPUTY MAYOR BLAKE: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER MILLER: NAY
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
Mayor Bush announced that "This Thursday, I am going to be giving a 'State of the City
Address' - at the request of the Seminole Republican Executive Committee." Mayor
Bush added, "I am also doing the same thing for the - Seminole County Chamber of
Commerce. One of the things I would like the Commission to consider, is I would like to
see Winter Springs join the Seminole Chamber of Commerce. I have talked to Diane
Parker who is the Executive Director - they will place a satellite office in our Town
Center. I have talked to - [George] Tullos - they will give the Chamber space, free of
charge, in the Town Center and the Seminole Chamber has indicated that they will place
a satellite office here, they will call it the Seminole Chamber/Winter Springs - and they
will staff it."
Furthermore, Mayor Bush remarked that the Seminole Chamber indicated they would
plan events and hold them in the Town Center." Additionally, Mayor Bush explained, "I
think the membership is eight hundred seventy-five dollars ($875.00).
"I WOULD LIKE TO MAKE A MOTION THAT WE JOIN THE SEMINOLE
CHAMBER OF COMMERCE." MOTION BY COMMISSIONER KREBS.
SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. DEPUTY
MAYOR BLAKE ADDED, "AUTHORIZE THE EXPENDITURE OUT OF THE
MAYOR'S PROMOTIONAL BUDGET?" COMMISSIONER KREBS SAID,
"OKAY."
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
DEPUTY MAYOR BLAKE: AYE
MOTION CARRIED.
,:::a
~
==
~
~
CITY OF WINTER SPRINGS, FWRIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14,2005
PAGE 31 OF 33
REPORTS
606. Commission Seat One - Robert S. Miller
Commissioner Miller said, "Two (2) months ago, I became aware of some wording that
had been put into Homeowner's Association documents in Longwood, so I asked Staff to
get it for me." Commissioner Miller added, "I would like it to be brought before the
Commission, at least maybe as a general item on one of our future Meetings."
Commissioner Miller explained that this information deals with levels of inspection and
stated, "If there is a way to do this legally, I think we need to include it in all of our future
Homeowner's Association's documents which were brought to us for approva1."
Commissioner Miller then said, "I would like Ron [McLemore] to dig this stuff out again
and bring it to us as an Information Item or something where we can take a look at it and
decide whether or not we want to pursue this. I would be very much interested in
pursuing it." Commissioner McGinnis suggested, "I would like an Opinion from our
Attorney." Commissioner Miller added, "Yes."
Commissioner Miller then spoke of Veteran's Day; read into the Record an article on
Veteran's; and noted his surprise that City Hall was not closed for Veteran's Day.
Deputy Mayor Blake said, "I think I would leave it up to the City Manager to bring to us,
whenever he does the list of scheduled Holidays." Deputy Mayor Blake then said to
Commissioner Miller, "I agree with you." Commissioner Miller added, "I think at least
that this year and next year, maybe we should o~serve it."
REPORTS
607. Commission Seat Two/Deputy Mayor - Michael S. Blake
Deputy Mayor Blake asked about Staff for the East Rural Area Property Owner's
Committee and suggested, "I would like the Commission to agree to offer to Oviedo to
send Eloise [Sahlstrom] over - to the Oviedo Commission Meeting when they will put it
on the Agenda to present to them what the Black Hammock Property Owner's group is
about, and how it got formed; bring them up-to-date on what has been discussed so far
and give them some insight as to where it is headed towards, where it is going in the
future. "
Furthermore, Deputy Mayor Blake spoke of a preliminary discussion on this with the
Mayor of Oviedo and their City Manager; and said he had advised them that, "I will bring
it up tonight, I will see if - our Commission will go along with it, and if you do, then what
we will do is we will task Ron [McLemore] to make the call and talk to Gerry Seeber
[City Manager] and set it up."
Discussion.
~
~
IL-~
r-~
~
~
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14,2005
PAGE 32 OF 33
"THAT IS MY MOTION TO DIRECT THE CITY MANAGER TO CONTACT
MR. SEEBER AND SET IT UP AT THEIR SCHEDULING CONVENIENCE."
MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER
McGINNIS. DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
DEPUTYMAYORBLAKE: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
REPORTS
608. Commission Seat Three - Donald A. Gilmore
Commissioner Gilmore spoke of Andrea Lorenzo-Luaces, City Clerk attending
Conferences and stated, "She should have the right to decide what is necessary for her
professionally, because I think we benefit in every respect from all of these primarily
City Clerk functions she attends. I think she should have this Commission's trust to go as
she feels fit and necessary and attend those things, and that this Commission should be
paying for her full expenses, and not requiring her to make up the time - because this is
really work." Commissioner McGinnis stated, "I agree." Commissioner Krebs also said,
"I agree with you Commissioner Gilmore. I think Andrea [Lorenzo-Luaces] knows what
her responsibilities and her duties are. We all trust her to know what those are."
Manager McLemore stated, "She needs to be accountable to you for those things based
on some program she gives to you for her time out." Commissioner Krebs then said, "To
feel that she has to ask permission to do it and then make her time up I think is wrong."
Manager McLemore stated, "I don't have a problem with that either. I think she is a
Manager, and just like all the other Manager's she is going to have to put in enough work
to get her job done. And, I don't ask the other Department heads to give me a detail on
how they are going to do that. So I am in perfect agreement with you there."
Furthermore, Manager McLemore said, "She just needs to let somebody know - what her
plans are, when she is going, when she is gong to be back and that kind of thing."
Commissioner Gilmore noted, "I think if she informs us by email, and you too, that she
has this Conference - coming up and she would like to attend it and unless anybody has
any objections, she plans to go - that is in itself adequate..." Manager McLemore said,
"...Absolutely..." Commissioner Gilmore added, "...And we should be paying her full
expenses, I mean every bit of it, mileage, meals, the hotel, whatever is necessary."
Manager McLemore said, "I think we do that.
~
~:
i!
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 14, 2005
PAGE 33 OF 33
Commissioner Gilmore then noted, "I think it is her responsibility to - if it is worth going
there, we're gaining something or should be gaining something out of it, therefore we
should be paying the appropriate expenses accordingly and you should be submitting
your expense account." Manager McLemore said, "I think she should be remunerated for
her expenses."
ADJOURNMENT
Mayor Bush adjourned the Regular Meeting at approximately 1 :08 a.m.
RESPECTFULLY SUBMITTED:
ANDREA LORENZQ-LUACES, CMC
CITY CLERK
APPROVED:
JOHN F. BUSH
MAYOR
NOTE: These Minutes were approved at the
,2005 Regular City Commission Meeting.
~
~7
~:..:
~
~