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HomeMy WebLinkAbout2006 12 11 Consent 414 Approval of 11 27 Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING NOVEMBER 27,2006 CALL TO ORDER The Regular Meeting of Monday, November 27,2006 of the City Commission was called to Order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Michael S. Blake, present Commissioner Robert S. Miller, 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, present The Pledge of Allegiance followed a Moment of Silence. .:. .:. AGENDA NOTE: THE ADDITIONAL A WARDS AND PRESENT A TIONS GIVEN FIRST, AS DOCUMENTED, WAS FOLLOWED BY THE REST OF THE AGENDA. .:..:. AWARDS AND PRESENTATIONS Mayor Bush presented Deputy Mayor Michael S. Blake with a Key to the City in honor of his Service. PUBLIC INPUT Mr. Bryan Wilson, 702 Heather Lane, Winter Springs, Florida: commented on health concerns related to Petting Zoos along with safety concerns for the animals; and asked the City Commission to ban Petting Zoos from City events. Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: spoke on the timeline related to the City's Dog Park. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27, 2006 PAGE 2 OF 21 Brief discussion. Ms. Carla Wilson, 702 Heather Lane, Winter Springs, Florida: mentioned concerns with children becoming ill as a result of Petting Zoos, and also asked that the City Commission ban Petting Zoos from City events. Ms. Connie Nadrowski, 915 Dyson Drive, Winter Springs, Florida: spoke on safety issues and noted her support of Traffic Calming and sidewalks along Dyson Drive. Mr. Larry Nadrowski, 915 Dyson Drive, Winter Springs, Florida: mentioned this was a safety concern; further spoke on Traffic Calming and sidewalks; noted construction on Lake Drive; and refern~d to recent discussions on this issue. Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida.' commented on neighbors; asked the City Commission to postpone Consent Agenda Item "404" until the new year; mentioned gravity walls; and recent Tuscawilla Homeowner's Association discussions. Mr. David Koile, 835 Dyson Drive, Winter Springs, Florida: commented on gravity walls being constructed in front of his property. Discussion. Mr. Tom Waters, 1033 Antelope Trail, Winter Springs, Florida: suggested the upcoming testimony related to Agenda Item "I DO" be considered; spoke on W ebsites related to animals; and commented on animal care. Ms. Patricia Koile, 835 Dyson Drive, Winter Springs, Florida.' mentioned her concern with the original plans related to the Dyson Drive issue; and noted that no wall was previously mentioned. Mr. Roger Fisher, 800 Dyson Drive, Winter Springs, Florida.' suggested other designs might be considered for Dyson Drive. Mr. Brian Fields, P.E., City Engineer, Public Works Department said, "On the retaining wall. Here's what we're looking at. This is the swale that's out there. The road is off the page here, so you have a swale. And, then the swale grades back to the property line. This is a right-of-way line. So, if you remember, we moved the sidewalks out from next to the road on the opposite sides of the swale and the sidewalks five feet (5') wide in some areas in order to grade it back where's it's not too steep. If we graded it back at an angle like this, it would be a few feet outside ofthe right-of-way onto the property owner's land. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27, 2006 PAGE 3 OF 21 Just grading nothing - no permanent facilities - it would be our desire, we would recommend grading it in that - manner. Mr. Fields continued, "If they would not allow us to do that, then, we would build a retaining wall, which again, would be a maximum of two feet (2') tall." Mayor Bush asked, "By grading, then you do away with the wall?" Mr. Fields added, "That's correct - be very glad to - meet with any residents who felt like they did not like the look of the wall- did not want a wall. We can eliminate the wall." Discussion. Commissioner Donald A. Gilmore said, "Can't you move that closer to the swale? And, maybe give it a little bit deeper swale at those points?" Further discussion. Tape I/Side B AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 100. Office Of The City Manager. Requests The City Commission To Hear A Report From Dr. Ronald Brown Regarding Petting Zoos. Dr. Ronald Brown, 1991 Mohican Trail, Maitland, Florida: gave a Presentation on health issues related to Petting Zoos. Regarding the Centers for Disease Control and Prevention guidelines, Dr. Brown commented, "They did come up with guidelines, and basically there are three (3) important points, should Petting Zoos be allowed: Number one is Information and Training. You have to train the people who are organizing these events, the volunteers as to the potential for disease transmission and the importance of hand washing. You need to prevent high-risk activities - I did see the pictures where there were a number of unattended children in there. They were sitting on the ground, handling the animals and things like that. That's really not acceptable behavior." Dr. Brown added, "You really need to prevent the children, very small children from touching the animals and putting their hands in their mouths." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27, 2006 PAGE 4 OF 21 Continuing, Dr. Brown noted, "Another important thing that they found was that you needed to separate the food and drink areas, and even the preparation areas way away from the animal areas, so it is how it is all set up and again; proper disposal and handling of the animal waste products and their bedding as well. As far as the visitors, what the CDC (Centers for Disease Control and Prevention) recommends is that basically that you post informational signs at the beginning and at the end of the exhibit so they funnel in through a certain area and they're advised in advance that there is a risk of disease transmission, and that it can be serious and even life-threatening, and that basically you should kind of enter at your own risk. And certainly, I am not here in any sort of legal advisory component tonight, so I would defer to the Counsel for that. But, basically what they are saying is let the buyers beware as they enter into the arena. Again, advising very young or very old or immune- compromised people about risky behavior, and what to avoid. And, then at the exit point of the arena or the transition point between the animals and the exit, again, more signs stressing the importance of hand-washing." Furthermore, Dr. Brown suggested, "The other thing is limiting contact. That's the second of the big three (3) and by that they mean, you need to prohibit certain things in the animal area. You shouldn't allow strollers in there, or pacifiers, or sippee-cups, baby bottles. Things like that that potentially might fall on the ground or might come in contact with the animal waste - obviously no food or drink should be allowed in the animal area." Continuing, Dr. Brown noted, "Hand-washing - it is the single most important element in the whole plan, but the problem is that you have to have certain components to that. Number one, is that you need to have enough hand-washing stations so that it doesn't cause a back-up where people say, 'I will wash my hands later', or 'I'll come back', or 'I'm not going to stand in line for ten (10) minutes to do that' . You need to have disposable towels. There are no good clinical studies - I would emphasize this that show that these liquid hand gels are effective in eliminating E.coli [Escherichia coli] bacteria. So, by simply handing out samples or having pump bottles of 'Purell' or whatever, that will not cut it. It has to be soap and water. It has to be pressurized water, so you can't have a holding tank situation." Lastly, Dr. Brown stated, "And the last thing that they recommend is some sort of informational sign advising what the signs and symptoms of E.coli [Escherichia coli] are and some numbers to follow up with, but usually it is the local Health Department." Discussion. City Manager Ronald W. McLemore said, "Did you want this put back on an Agenda?" Mayor Bush said, "Bring it up under the Seats." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27,2006 PAGE 5 OF 21 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department - Planning Department In Cooperation With The City Attorney And City Engineer Request That The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2006-20, Establishing A Methodology For Assessing Proportionate Fair- Share Mitigation For Transportation Concurrency Management, Pursuant To The Requirements Of Section 163.3180. (16), Florida Statutes. City Attorney Anthony A. Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE - '200'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 201. Community Development Department - Customer Service Division And Office Of The City Attorney Request That The City Commission Hold A Public Hearing For First Reading Of Ordinance Number 2006-23, Which Amends The Winter Springs Code Of Ordinances, Changing The Term "Occupational License Tax" To "Local Business Tax", Consistent With Florida Law. Mayor Bush asked, "Do I have a Motion to read by 'Title' only?" "SO MOVED - '201'." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27, 2006 PAGE 6 OF 21 VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOVE TO APPROVE." MOTION BY COMMISSIONER McGINNIS. COMMISSIONER McGINNIS ADDED, "MOVE TO SECOND" [READING]. MAYOR BUSH REMARKED, "MOTION TO APPROVE - SECOND READING BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 300. Community Development Department Requesting The City Commission Consider And Approve A Final Engineering/Site Plan For A 10,000 Square Foot Addition, With The Associated Ancillary Improvements, To An Existing 2,500 Square Foot Office On 2.49 Acres Located On The North Side Of State Road 434, Between Barclay Reserve And Barrington Estates. Mr. John Baker, AICP, Senior Planner, Community Development Department spoke on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27, 2006 PAGE 7 OF 21 Mr. Michael Craig, Allen Craig Civil Engineering Incorporated, 361 South Central Avenue, Oviedo, Florida: spoke on the site design. Discussion. Commissioner Joanne M. Krebs said, "I noticed that the Vote from the Planning and Zoning Board was a 3-2 Vote - and I don't see anything in the Minutes telling me about any kind of conflict. I was wondering why there were two (2) that Voted against it?" Mr. Baker answered, "I believe that two (2) of the P and Z (Planning and Zoning) Board Members felt that the site could be redesigned to be more aesthetically pleasing. I believe that was their thought. They did not review the Aesthetic Review - we have not gotten to that." Further discussion ensued on perimeter walls. Commissioner Robert S. Miller said, "Where is the second pond?" Mr. Craig said, "The first pond is not showing on this drawing. But, it is right here at the end of the parking area." Commissioner Miller asked, "So, there will be a second pond there?" Mr. Craig said, "Right." Commissioner Miller then inquired, "Why isn't it reflected on these?" Mr. Craig said, "It is on another sheet of the plans." On the issue of perimeter walls, Deputy Mayor Blake said, "Your Surveyor says they are varying heights around the perimeter of the property. You mentioned the number five and half feet (512') perhaps in some areas?" Mr. Craig stated, "Yes, and I'm just guessing with that. I see the reference right now that this is a note that was in the original survey which we start with as part of the design process and he's locating the wall without giving the specific height of the area." Deputy Mayor Blake stated, "If it is less than six feet (6') that would create an issue wouldn't it Mr. Baker? Doesn't Code require that between 'Commercial' and 'Residential' Uses that the wall be a minimum of six feet (6') around the perimeter..." Mr. Baker stated, "... Yes..." Deputy Mayor Blake continued, "... Unless - 1 know that at times we have granted a Variance for a wall along Wetland areas and it has been stated here, I believe, there is a Wetland area back in this area, where there is no wall, so we would have to take up that issue and then we need to take up the issue in the Site Plan approval process of any area around it, that is adjacent to a 'Residential' Use where the wall is less than six feet (6'). Correct?" Mr. Baker stated, "I believe that's correct." Mr. Craig stated, "I'd be happy to ask the Surveyor to go back and - obtain that information if we believe it's critical." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27, 2006 PAGE 8 OF 21 Furthermore, Deputy Mayor Blake mentioned, "There is a requirement for a commercial development, and this is a 'Commercial' Usage..." Mr. Craig stated, "... Right." Mr. Baker stated, "I would point out though that we did require Barclay [Reserve] to put in a six foot (6') wall and we probably need to measure from the residential side and we can confirm or if there's a problem, we can have that fixed." Deputy Mayor Blake added, "So, that takes care of the west side. Correct?" Mr. Baker added, "I remember specifically telling them to put in a six foot (6') wall. Yes." Deputy Mayor Blake stated, "We just need to check and make sure." Deputy Mayor Blake added, "Hopefully, it is six feet (6') and it is not an issue." Deputy Mayor Blake said, "Even this wall down here as well which is Barrington [Estates] I think?" Mr. Baker answered, "Yes, Sir." Deputy Mayor Blake stated, "You don't recall if there's a requirement for six feet (6') at Barrington [Estates]?" Mr. Baker stated, "I believe it was supposed to be six feet (6'). Can I verify that it was? No. I've never checked the height of the wall." Furthermore, Deputy Mayor Blake noted, "If we approve this tonight, it has to be subject to the considerations of the wall and that is specifically if Barclay [Reserve] was required to build six feet (6')." Deputy Mayor Blake continued, "If it is supposed to be six feet (6') and if it's been inspected and approved, then I would suggest - probably on that Barclay [Reserve] section, we are okay. If there is a similar requirement for Barrington [Estates] within their Site Plan document that shows it is going to be a six foot (6') wall and if we have inspected it and approved it, then I would suggest that that is probably okay as well. This portion back here where there is no wall, we probably need to have a Variance in order to not have a wall back there or some finding by the Commission that relieves them of the obligation to put a wall there." Mr. Baker said, "Perhaps a Waiver." Deputy Mayor Blake said, "Whatever is appropriate. My only concern is, I want to make sure that we are doing it right and thorough and we don't create another problem for ourselves." Mr. Baker stated, "Yes, Sir." Commissioner Gilmore stated, "A similar problem on the Barrington [Estates] side. Because I note in here that apparently they have a swale that continues after the wall..." Mr. Baker stated, "... I think the swale is on the Applicant's side of the wall; but, on the Barrington [Estates] property. But, I don't believe that the Barrington [Estates] wall is right on their property line..." Commissioner Gilmore stated, "... Because it appears here that you have two (2) swales that are going to join together. Their swale and the Applicant's swale. So, I think you just also need to be looking at the walls on both sides and make sure we are in Compliance." Mr. Baker stated, "Yes, Sir." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27, 2006 PAGE 9 0F 21 "MOTION TO APPROVE - PENDING THE AESTHETIC REVIEW AND THE HEIGHTH OF THE WALLS." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH NOTED, "THE WALLS MEET THE MINIMUM SIX FOOT (6') REQUIREMENT." COMMISSIONER McGINNIS ADDED, "RIGHT." SECONDED BY COMMISSIONER GILMORE. DISCUSSION. DEPUTY MAYOR BLAKE STATED, "I AM NOT SURE IF THAT MOTION GETS US TO WHERE WE NEED TO BE ON THIS. I WOULD ASK THE STAFF TO SUGGEST SOME LANGUAGE THAT WOULD PROVIDE THE CLARITY THAT WOULD BE REQUIRED TO GO FORWARD ON - BOTH THE REQUIRED VARIANCE OR WAIVER ON THAT SEGMENT WHERE THERE IS NO WALL AND GOING THROUGH THE APPROPRIATE STEPS TO ASCERTAIN WHETHER OR NOT THE TWO (2) WALLS ON THE EAST AND THE WEST EDGE OF THE PROPERTY - AND THAT ON THE NORTH EDGE AS WELL, ARE INDEED SIX FEET (6'). AMENDMENT TO THE MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: (AMENDMENT TO THE MOTION) COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 400. Public Works Department And Capital Projects Division Requesting Approval Of The Subsequent Contract Agreement With Progress Energy For Installation Of Streetlights Phase 4, 5, 6, And 8 As Part Of The Tuscawilla Lighting And Beautification District Phase 2 Beautification Project. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27, 2006 PAGE 10 OF 21 CONSENT 401. Office Of The City Manager Requests Authorization To Enter Into Contractual Services With Nabors, Giblin & Nickerson, P.A. (NG&N) For The Tuscawilla Lighting And Beautification District Phase I And II Revisions And Public Hearings. Additionally, A Supplemental Appropriation Is Requested From The Tuscawilla Lighting And Beautification District Phase I Maintenance Fund #184 In The Amount Of $5,000.00 To Cover These Additional Services. Brief discussion. CONSENT 40.1.1 Office Of The City Manager Requests Authorization To Enter Into Contractual Services With Government Services Group, Inc. (GSG) For The Oak Forest Wall Neighborhood Improvements Assessment Program For The 2007 Tax Roll. Additionally, Due To The Increased Scope Of Services, A Supplemental Appropriation Is Requested From The Oak Forest Maintenance Fund #191 In The Amount Of $2,450.00 To Cover Government Services Group, Inc. (GSG) Additional Services In Fiscal Year 2007 Only. Discussion. CONSENT 401.2 Office Of The City Manager Requests Authorization To Enter Into Contractual Services With Government Services Group, Inc. (GSG) For The Tuscawilla Lighting And Beautification District Assessment Program For The 2007 Tax Roll. Additionally, Due To The Increased Scope Of Services, A Supplemental Appropriation Is Requested From The Tuscawilla Lighting And Beautification District Maintenance Fund Phase I #184 In The Amount Of $3,000.00 To Cover Government Services Group, Inc. (GSG) Additional Services In Fiscal Year 2007 Only. Brief discussion. CONSENT 402. Office Of The City Manager Requesting That The City Commission Adopt Resolution Number 2006-57 Amending The Fiscal Year 2005-2006 Budget. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27, 2006 PAGE 11 OF21 CONSENT 403. Community Development Department And Urban Beautification Services Division Requesting Approval Authorizing The Execution Of A Second Amendment To The Interlocal Agreement With Seminole County For Maintenance Of The Cross Seminole Trail. Commissioner Sally McGinnis said, "I would just hope that some of these trees would be placed at the benches." Mr. Steven Richart, Urban Beautification Services Division Manager, Community Development Department stated, "Yes." CONSENT 404. Public Works Department Requesting Approval To Enter Into A Contract With Sunshine Building And Development For The Construction Of The Dyson Drive Sidewalks Piggybacking Off Of Seminole County Contract IFB-3076-03/JVP. There was no discussion on this Agenda Item. CONSENT 405. Office Of The City Manager Requesting The City Commission To Authorize The Mayor To Send A Letter Supporting Increased Funding For The Seminole County Community College Public Safety Driver Training Track To The County Commission. This Agenda Item was not discussed. CONSENT 406. Office Of The City Clerk Requesting Approval Of The November 13, 2006 Regular City Commission Meeting Minutes. No discussion. CONSENT 407. Office Of The City Clerk Requesting Approval Of The November 14, 2006 Special City Commission Meeting Minutes. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27,2006 PAGE 12 OF 21 CONSENT 408. Office Of The City Clerk Requesting Approval Of The November 20,2006 Special City Commission Meeting Minutes. This Agenda Item was not discussed. "MOVE FOR APPROVAL (CONSENT AGENDA)." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Mr. Randy Stevenson, ASLA, Director, Community Development Department spoke on item (17) of this Agenda Item for discussion. Mr. Stevenson said, "At the end of this Agenda Item - it says, 'The City Attorney's Office and Staff have been working on a draft Development Agreement'. That was a work that was in progress a number of months ago. As you see, the last dated update we have is 10/23 [/06]. We have proposed those changes back to the Developer. Last we heard they were in the process of trying to get their Final Engineering and their Development Agreement together to bring forward to you at the same time, as we usually do. At this point, Staff is not doing any ongoing work with these Developers. We have not officially heard as to whether or not this project is continued to be a 'Go' or not. So, that just gives you the latest update that we have. I can make sure I call the Developer prior to the next Meeting and make sure we have that update on your list here. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27, 2006 PAGE 13 OF 21 With discussion, Commissioner Miller said, "You need to bring to US, I think, before it gets too far along and people are making plans." Mr. Stevenson said, "We will make an attempt to get it to you." Furthermore, Commissioner Miller added, "If they're really getting serious about this, I think you better bring it to us long before they come up with their final ideas, I mean, spend a lot of money on it." Mr. Stevenson said, "We will make efforts to contact them tomorrow to see where they're at." Commissioner Miller stated, "Please do - and make it an Informational Item, if you would. Just what they are thinking." Mr. Stevenson stated, "Yes, Sir." Commissioner Miller said, "Thanks." INFORMATIONAL 501. Police Department Informing The City Commission Of Its Grant Award Of $4,684.00 From Florida Department Of Law Enforcement. There was no discussion on this Agenda Item. "MOTION TO APPROVE" [INFORMATIONAL AGENDA]. MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGININS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese stated, "Pending lawsuit, Highland Homeowner's Association versus the City of Winter Springs. As you know that matter has been expedited and the Final Hearing starts on Wednesday at 9:30 a.m. in the City Commission Chambers. We're getting ready to put on the City's defense." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27,2006 PAGE 14 OF 21 Continuing, Attorney Garganese noted, "Today, I had an opportunity to brief each one of you individually regarding an issue that is, I think needs to be addressed. I don't want to get into any strategic issues at this point in a public setting." Tape 2/Side A Regarding Attorney fees, Attorney Garganese stated, "The Developer's Attorney has filed a Motion for Sanctions of Attorney Fees against the Highlands Homeowner's Association. The claim is that there's no basis in law or fact to support the Petition that they filed against the City and the Department of Community Affairs. We have been through expedited discovery in this matter based on the discovery to date. We don't believe that the Highlands Homeowner's Association can support their Petition in the allegations. As I mentioned to each one of you individually, they don't have any professional experts that are going to be testifying on their behalf." Furthermore, Attorney Garganese remarked, "Under the circumstances, if the City wants to preserve its right to obtain Attorney Fees and costs at a later date after Final Hearing, it's my recommendation that you file a Motion for Attorney Fees and potentially sanctions, at this time, prior to the Final Hearing which is scheduled for Wednesday, (November 29,2006)." "I WOULD LIKE TO AUTHORIZE THE ATTORNEY TO FILE THAT MOTION." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese then wished Deputy Mayor Blake the best in his future endeavors. REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore congratulated Deputy Mayor Blake on the Motions he has made over the years which have moved the City along. Secondly, Manager McLemore remarked about impressive neighborhoods III Ft. Lauderdale, Florida which had their street systems traffic calmed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27,2006 PAGE 15 OF 21 REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Andrea Lorenzo-Luaces told Deputy Mayor Blake it had been a pleasure working with him. Furthermore, Clerk Lorenzo-Luaces spoke for the Record on the Seminole County Supervisor of Elections' "Certificate of Elections" for Mayor John Bush, and Commissioner-Elect Rick Brown, and Commissioner Sally McGinnis. .:..:. AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. .:. .:. REPORTS REPORTS 604. Commission Seat Four - Sally McGinnis Commissioner McGinnis wished Deputy Mayor Blake the best. Next, Commissioner McGinnis stated, "I wanted to tell Chuck Pula (Director, Parks and Recreation Department) - that 1 commend his Parks and Rec book, the latest one. Since then, we've now received another prestigious award; and it occurred to me that the partnership that we formed with WMFE [TV (Channel 24)] this might be an opportunity to talk to them and maybe have - Chuck (Pula) talk on one of their Programs - on what is involved in maintaining and producing Award winning parks." Commissioner McGinnis added, "We made a partnership and we need to start working on that." Commissioner McGinnis suggested a possible CALNO (Council of Local Governments in Seminole County) project - and explained, "I have been working with a woman in Winter Springs who was evicted, she has three (3) children, and getting her connected for rent was fine. But, it seems that there is no place to go for monies for utility turn-ons. So, using the resources - at hand - working with the Community Alliance, 1 spoke to Captain Barnett at the Sheriff S Department and he said this occurs every once in a while in every City. And, he thought it would be a good idea if all of the cities would talk about this and have a small fund to use for that purpose. Mayor, if you would take that to CALNO (Council of Local Governments in Seminole County) - just discuss it." Mayor Bush stated, "Be glad to." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27, 2006 PAGE 16 OF 21 Continuing, Commissioner McGinnis asked, "Do we have an update on the road cuts? Well, next time, give us an update on the road cuts." Mayor Bush added, {{In front of Brusters, Miller's School Supply." Commissioner McGinnis stated, {{Cumberland Farms - (State Road) 434." Mr. Fields stated, {{DOT (Department of Transportation) came back with a few comments. We responded and it's going back in for the permit. Should be in this week if it's not in already. There's one issue that the DOT (Department of Transportation) raised at the entrance of Costa Rica [Drive]. " While presenting photographs, Mr. Fields added, "This is the intersection of Costa Rica [Drive] into Hacienda Village, and [State Road] 434 - this is Brusters right over here. What was proposed was to eliminate this narrow concrete median in front of Brusters and the shopping development over here and return that to a center turn lane. DOT (Department of Transportation) agreed with that. They came back and - they're concerned that vehicles coming out of here and possibly making a movement like this, around this median nose here; and recommended that we consider making this a full median opening; which would require taking out probably a substantial portion - the landscaped portion of this island right here. Up to probably about the curb return back here. And, taking out this whole section here, allowing left out of Costa Rica [Drive] onto [State Road] 434." With discussion, Commissioner Miller stated, "I am not in favor of taking that out. " Commissioner McGinnis added, "I agree with you Commissioner. However, I can tell you, I don't want to see empty storefronts. " Discussion. Mayor Bush said, "Bringing this back as an Agenda Item is a good idea." Commissioner McGinnis said, "Yes, I think so." There were no objections by the City Commissioners. Commissioner McGinnis said, "The issue came up tonight about a Report or a Vote, or the feelings regarding a recommendation from the P and Z (Planning and Zoning Board). We had discussed that it would be a good idea if the Chairperson of that Committee rendered a Report to the Commission. That has never happened. I would like to bring that back and see if we have Consensus on asking the P and Z (Planning and Zoning Board) to in fact, render an opinion to us regarding their decisions." With discussion, Attorney Garganese said, "It's just simply a letter from the P and Z (Planning and Zoning) Chairperson stating what the action of the Planning and Zoning Board was on the Item." Attorney Gargarese added, "It's more succinct and it's just transmitting the recommendation of the P and Z (Planning and Zoning Board) in a very concise manner." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27, 2006 PAGE 17 OF 21 Manager McLemore asked, "Who prepares that?" Attorney Garganese added, "It's the Chairperson in conjunction with the Board Secretary, and it's on City letterhead and it's just signed off by the Chairperson." "I AM PREPARED TO MAKE A MOTION - THAT WE NOT HAVE PETTING ZOOS IN WINTER SPRINGS." MOTION BY COMMISSIONER McGINNIS. COMMISSIONER McGINNIS ADDED, " AS PART OF CITY FUNCTIONS." MOTION DIED FOR LACK OF A SECOND. REPORTS 605. Commission Seat Five - Joanne M. Krebs Commissioner Krebs stated, "Those banners that are up, Verizon banners and Subway banners. Are those allowable?" Captain Glenn Tolleson, Police Department stated, "Temporarily they are." Commissioner Krebs stated, "If we could look into that." Attorney Garganese stated, "You may want to double check with the new Sign Code too; to make sure they are in Compliance with the new Regulation." Commissioner Krebs mentioned Deputy Mayor Blake leaving office and referenced the Sunshine Law. Regarding the Tuscawilla Trails Community, Commissioner Krebs mentioned receiving a letter from Mr. Fred Barone and said to Mayor Bush, "Apparently, he thinks you gave a word about a wall?" With discussion, Manager McLemore said, "They're not going to build a brick wall. But, they are willing to do some other types of things that might be quite effective." Commissioner Krebs asked, "Will that come before us before a final decision is made?" Manager McLemore answered, "We'll report back to you." Mayor Bush added, "We're meeting Wednesday at 10:30 as a matter of fact, if you would like to come -let Andrea [Lorenzo-Luaces, City Clerk] know, so we can post it." REPORTS 606 Office Of The Mayor - John F. Bush Mayor Bush said, "I would like to have the Commission - get the WiFi issue back on our Agenda at some point in the near future." Manager McLemore stated, "You will be contacted even before then (January 2007)." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27, 2006 PAGE 18 OF 21 Next, Mayor Bush said, "The landscaping or buffer along the homes in Sybilwood Circle that are contiguous to Trotwood Park - we've got some issues there with the contract we have with our soccer people - allows them to be there until eight o'clock even though it gets dark now at six 0' clock; so they turn their headlights on; and it shines over into the homes along Sybilwood [Circle]. I would like to see the Commission consider - getting some landscaping along that area, the berm - fence, or whatever, to give those homeowners some relief from - not only the noise, but the lights in the evening and things like that, when the people don't stick with their contract of when they should leave the park." Manager McLemore stated, "We need to Agenda this." Mayor Bush said, "Alright." Mayor Bush said, "Even though we're not even close to doing our next Budget cycle, I would like to again ask the Commission to consider setting aside a given number - amount of money, such as Altamonte Springs does for the charitable organizations that come to us and ask for donations. We have had several of these over the past year. Altamonte [Springs] - I think has a good method. This is a set amount of money. They have an Application procedure. When the monies are gone, it is gone." Continuing, Mayor Bush said, "As a result of this last Election, a lot of misinformation was put out about the City." Mayor Bush added, "Again, I want to encourage the Commission to look at ways to better communicate with the citizens. I think it would be worthwhile. " Lastly, Mayor Bush thanked Deputy Mayor Blake for his contributions; and also thanked his wife, Lori Blake. REPORTS 607. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore spoke of Dyson Drive and retaining walls and stated, "If we have to put meandering sidewalks in which I think we are doing to get around trees, I think we should do everything possible to avoid any of these retaining walls." Mr. Fields stated, "We intend to." Regarding Cell Towers, Commissioner Gilmore said, "When are we getting back with the Cell Tower issue? Attorney Garganese said, "It is scheduled to go to Planning and Zoning [Board] in December." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27, 2006 PAGE 19 OF 21 Commissioner Gilmore spoke about utility disconnects, and mentioned, "They can't sell their property, we can put a lien on their place. So, we have certain protections, I would think. It may be different with an apartment owner." Commissioner Gilmore added, "It is an issue that crops up periodically; it is the issues that get Mayor and Commissioners out of bed or when they are out of town, they are getting phone calls and have to get involved, especially on weekends - I would certainly hope we can look at more on that issue. " Next, Commissioner Gilmore stated, "I do support - this Trotwood - I think there are some problems on Trotwood Park - especially since we are going through a redesign over there and adding facilities. We certainly can look at that." Lastly, Commissioner Gilmore complimented Deputy Mayor Blake on his service and contributions. REPORTS 608. Commission Seat One - Robert S. Miller Commissioner Miller spoke on Cell Towers and suggested everyone drive down Lake Drive to see the construction and the Cell Tower on the power lines. Commissioner Miller said, "I would like to get the Mayor's attention - I know we have some friends up at the County Commission and I think it is time again now to start bugging the County on the Trail around our Industrial Park." Commissioner Miller added, "I would really like to see you get with the County Commission on this and try to encourage them." Continuing, Commissioner Miller said, "I would also like to get a Report from Staff - maybe an Informational Item or a briefing in the next month on the Traffic Calming for Murphy Road. I have heard several comments here this evening about Lake Drive. And, they actually are going - that whole area right at the end of Murphy Road now, it is all starting to get four-Ianed. That subdivision, that's at the end of Murphy Road is also building out very quickly. I think if you look at the traffic on Murphy Road, you will find that it is already increased significantly." Additionally, Commissioner Miller stated, "Traffic Calming may not be the answer, but I would like to see some planning come before us - at some point, I think we need to go to the people on Murphy Road in that area; and go through same exercise with Ron (McLemore) and the rest ofthe City." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27, 2006 PAGE 20 OF 21 Next, Commissioner Miller said, "The GreeneWay. Are you moving aggressively?" Commissioner Miller added, "I am talking about the tolls, Mayor, because all we need is one of those readers on Red Bug [Lake Road], which would automatically tell the master computer, wherever that is in the sky, that anybody that gets on [State Road] 434 at Winter Springs, if they get off at Red Bug [Lake Road], the computer automatically says, remit half of the seventy-five cents that we just charged him and credit his account." Mayor Bush answered, "On December the 4th, [2006] at 9:30 [a.m.] is Legislative Day at the County Services Building and 1 will make a comment." Commissioner Miller then complimented Deputy Mayor Blake. Tape 2/Side B REPORTS 603. Commission Seat Two/Deputy Mayor - Michael S. Blake Regarding the Trail Bridge, Deputy Mayor Blake asked, "Are there four (4) flag poles on top of that bridge? And those four (4) flag poles have been flagless since the day the bridge has been opened." Manager McLemore said, "We ought to ask them if we can fly our own." Deputy Mayor Blake said, "Maybe that would be another job for the Mayor to do." Deputy Mayor Blake thanked everybody for, "Allowing me to be honored by serving the citizens - it has been an amazing ten (10) years." Deputy Mayor Blake then spoke individually about everyone on the dais. Furthermore, Deputy Mayor Blake said, "We have some of the best Department Heads that any City could ever have," and added, "The Department Heads have a really tough job because they are kind of cut right in the middle here between actually being responsible for getting the things done and having to make up a reason for why it didn't get done. When ordinarily, it's our fault when it doesn't happen. And it is their credit when it does." Deputy Mayor Blake then said, "Pass it around. My thanks to you because anything that really got done, got done by you folks, and your staff and we know that and appreciate it." Then, Deputy Mayor Blake said, "John Baker, [Ms.] Eloise Sahlstrom, [AICP, ASLA, Senior Planner, Community Development Department] 'Special Mention'." Deputy Mayor Blake added, "You guys have really made a difference in terms of your commitment. And I know you are here early. 1 know you stay late and the job that you do, when you drive out of City Hall and you look around, the quality that you see is primarily because of the job that you two (2) do and 1 want to thank you personally because it really made a difference. So, thank you very much." Further comments. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 9:05 p.m. RESPECTFULLY SUBMITTED: DEBBIE FRANKLIN, DEPUTY CITY CLERK AND ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MAYOR NOTE: These Minutes were approved at the CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27, 2006 PAGE 21 OF 21 , 2006 Regular City Commission Meeting.