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HomeMy WebLinkAbout2010 06 14 Consent 207 Requesting Approval Of May 24, 2010 City Commission Regular Meeting Minutes CITY OF WINTER SPRINGS FLORIDA •■ 2 v) Incorporated 1959 . A% `ORIOP . CITY COMMISSION MINUTES REGULAR MEETING MONDAY, MAY 24, 2010 - 5:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor John F. Bush Commissioner Jean Hovey - Seat One Deputy Mayor Rick Brown - Seat Two Commissioner Gary Bonner - Seat Three Commissioner Sally McGinnis - Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2010 PAGE 2 OF 16 CALL TO ORDER The Regular Meeting of Monday, May 24, 2010 of the City Commission was called to Order by Mayor John F. Bush at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434,1= Winter Springs, Florida 32708). Roll Call: i Mayor John F. Bush, present Deputy Mayor Rick Brown, present Commissioner Jean Hovey, present =-. Commissioner Gary Bonner, present �� Commissioner Sally McGinnis, absent Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, arrived at 5:19 p.m. The Pledge of Allegiance followed a moment of silence. The National Anthem was performed by the Choices In Learning Charter School Choir, led by Ms. Kacie Whaley. City Attorney Anthony A. Garganese arrived at 5:19 p.m. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department REQUEST: Advising The City Commission Of The Status Of Various Current Planning Projects. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The Commission Agenda Are Necessary In Conjunction With This Agenda Item. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. No discussion was noted related to this Agenda Item. INFORMATIONAL 101. Public Works/Utility Department REQUEST: Utility Department Providing The City Commission With A Copy Of The Consumer Confidence Report That Will Be Sent To All Residents. FISCAL IMPACT: The Postage And Printing Cost For The CCR (Consumer Confidence Report) Is $4,000.00 From The Utility Fund. COMMUNICATION EFFORTS: The CCR (Consumer Confidence Report) Will Be Mailed To All Utility Customers In June. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2010 PAGE 3 OF 16 RECOMMENDATION: For Informational Purposes Only. There was no particular discussion on this Agenda Item. 4 r INFORMATIONAL 102. Community Development Department — Arbor Division REQUEST: Informing The City Commission Regarding Winter Springs Being Awarded National Status As A Tree City USA By The National Arbor Day Foundation. worri FISCAL IMPACT: There Is No Cost To The City For Participation In The National Arbor Day Foundation's Tree City USA Program. COMMUNICATION EFFORTS: The National Arbor Day Foundation's Tree City USA Program Is Promoted Throughout The Year To Residents In Winter Springs Through Various Arbor Publications Distributed By The City, The City's Website, And At The Annual Arbor Day Celebration Currently Held In City Hall. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. This Agenda Item was not specifically discussed. INFORMATIONAL 103. Community Development Department REQUEST: Presenting A Summary Of The History, Current Status, And Outstanding Items Relative To The Jetta Point Park Proposal. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The Commission Agenda Are Necessary In Conjunction With This Agenda Item. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. Commissioner Gary Bonner stated, "I want to thank Staff for putting together this history of the Jetta Point Park, based on the interaction that has occurred with the City up to this point, so I thank the Staff for that" Further comments followed on citizen's comments related to the proposed Jetta Point Park project. Deputy Mayor Rick Brown spoke about a Homeowners Association meeting he attended yesterday and then commented for the Record that he was not in support of the proposed Jetta Point Park project in its current state. Commissioner Jean Hovey asked City Manager Kevin L. Smith if he had heard back from the Seminole County Manager. Manager Smith responded, "If I don't see anything by mid -week, I'll certainly make contact with him." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2010 PAGE 4 OF 16 Commissioner Joanne M. Krebs said to Manager Smith, I would actually like to know the changes — what happened with what was discussed with us a few years ago, as to what is happening now — because clearly there is something that has changed. And how does that happen without it coming through us ?" g:=1 Furthermore, Commissioner Krebs remarked, "I really would like to know why they have changed. If something has changed, what has changed, and why? And then I would like to invite them here, let the public know your 1 =3) County Commissioners are going to be here, and let them come." Deputy Mayor Brown added, "You are absolutely right." Continuing, Commissioner Krebs suggested that the City of Oviedo Council could also assist with this effort and they could also contact the Seminole County Commission. Commissioner Bonner thought that possibly a = Workshop with Seminole County could be held. Discussion followed on the project from 2006; comments from a Seminole County Commissioner; that the public is always welcome to attend our City Commission Meetings and that the public should attend Seminole County Commission Meetings and voice their feelings; and that the property could possibly be re- purchased. Mayor Bush suggested, "I think the first step is we wait for the response from the County Manager to the questions that were raised and then after that, then I think we need to sit down with County Commission and try to negotiate something that is more compatible to what the citizens want." Additionally, it was recommended that citizens contact Seminole County and especially, Commissioner Bob Dallari who is the Chair of the Seminole County Board of County Commissioners. Commissioner Krebs noted, "If we don't hear within a reasonable time, and Kevin (Smith) I would ask you what is a reasonable time - I think that we should start pursuing it; just keep hammering until they either come here and talk about it or..." Mayor Bush asked Manager Smith if the County Manager had responded yet. Manager Smith responded, "I will follow up in the morning." Manager Smith added, "It is easier for the County to pull the project as I said earlier, but that doesn't mean there may not be potential options available to this Commission. We're working through those and I'll let you know as soon as we have anything." Next, Commissioner Hovey agreed with Commissioner Krebs and Commissioner Bonner on having a deadline and moving forward, and also that citizens should contact the Seminole County Commission. Additionally, Commissioner Krebs suggested, "We could at some point always do a Resolution ourselves, and we could pass that also to Oviedo and get their support as well — I would like to wait to give the County the opportunity to respond, hopefully in a positive way. But again, we could as a Commission do a Resolution." Commissioner Bonner noted his agreement. Discussion. "MOTION TO APPROVE INFORMATIONAL" (AGENDA). MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2010 PAGE 5 OF 16 CONSENT AGENDA C r 1 � -- � CONSENT 200. Community Development Department — Urban Beautification Services Division REQUEST: Requesting The City Commission Approve The Execution Of A Florida Division Of Forestry G Grant Memorandum Of Agreement ( #10A -130) For The Moss Road Tree Reforestation Project. FISCAL IMPACT: Funding For The Moss Road Tree Reforestation Project Shall Be Revenue Neutral 11="+ And Come From Fund Balance Of The Arbor Fund (110) In The Amount Of $18,537.00. The City Will Be "' Reimbursed The Entire Project Cost Upon Acceptance Of The Project By The Florida Division Of v� Forestry. Maintenance Of The Project Will Be Performed By City Arbor Staff As Part Of The Regular Workload. COMMUNICATION EFFORTS: The Beautification Of Winter Springs Advisory Board, The Oviedo - Winter Springs Regional Chamber Of Commerce, The Winter Springs Rotary Club, And Various Homeowner Associations Are Supporting This Community Improvement Project Through Planning, Letters Of Support And Various Volunteer Activities. RECOMMENDATION: Staff Recommends That The City Commission Approve Execution Of The Attached Memorandum Of Agreement ( #10A -130) By The City Manager Between The Florida Division Of Forestry And The City Of Winter Springs For The Moss Road Tree Reforestation Project. Staff Also Recommends That The City Commission Approve The Related Revenue Neutral Expenditure Of $18,537.00 From Arbor Fund (110) Fund Balance To Install The Project. No discussion was noted related to this Agenda Item. CONSENT 201. Public Works Department REQUEST: Requests The City Commission Approve A Site Development Permit Agreement With Meritage Homes Of Florida, Inc. For Limited Mowing And Grubbing Of Wetland Areas At Sonesta Pointe. FISCAL IMPACT: No Funding Is Requested As Part Of This Agenda Item. Arbor Permit And Site Inspection Fees Will Be Collected For The Work To Be Performed Under The Site Development Permit Agreement. COMMUNICATION EFFORTS: Before Any Work Is Performed Under The Site Development Permit, Staff Will Notify The Surrounding Residents In The Adjacent Subdivision To The North, St. Johns Landing. Staff Will Update The City Commission On The Status Of The Sonesta Pointe Project As Part Of The Community Development Department's Current Planning Project Status Informational Agenda Item. RECOMMENDATION: Staff Recommends The City Commission Approve A Site Development Permit Agreement With Meritage Homes Of Florida, Inc. For Limited Mowing And Grubbing Of Wetland Areas At Sonesta Pointe And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. There was no particular discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2010 PAGE 6 OF 16 CONSENT 202. Public Works Department – Stormwater Division REQUEST: Requests The City Commission Approve Task Order #4 To The Engineering Services g=i Agreement With Camp Dresser & McKee Inc. To Provide Professional Engineering Services For The Piping Of Two Stormwater Ditches Near Edgemon Avenue And Lombardy Road In The Amount Of $67,007.00. FISCAL IMPACT: The Total Design Fee Is $67,007.00 And The Project Is Funded By The Stormwater Fund, Consisting Of $50,000.00 Budgeted For This Project And An Additional $17,007.00 Through A Deferral Of A Total Maximum Daily Load (TMDL) Water Quality Project Not Scheduled For i Construction This Year. rr�— COMMUNICATION EFFORTS: Before Any Field Work Begins, Such As Surveying Or Geotechnical Investigations, Staff Will Notify All Abutting Residents With A Flyer That Will Explain The Project Scope, Schedule, And Provide Contact Information For Any Questions. RECOMMENDATION: Staff Recommends That The City Commission Approve Task Order #4 To The Engineering Services Agreement With Camp Dresser & McKee Inc. In The Amount Of $67,007.00 Funded From The Stormwater Fund ( #3800 - 65000) And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. This Agenda Item was not specifically discussed. CONSENT 203. Office Of The City Attorney REQUEST: Presents Resolution 2010 -26 To The City Commission, Dismissing The Winter Springs Ad Hoc Charter Review Committee And Commending The Committee For The Services It Provided To The City Of Winter Springs. FISCAL IMPACT: None. COMMUNICATION EFFORTS: RECOMMENDATION: Approve Resolution 2010 -26 Dismissing The Ad Hoc Committee And Commending It For Its Services To The City. No discussion was noted related to this Agenda Item. "MOTION TO APPROVE" (CONSENT AGENDA). MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2010 PAGE 7 OF 16 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor Presentation Of A Certificate Of Recognition To CFK - Central Florida Kraze/Krush, Youth Sports Partner. ram.. Mr. Chris Caldwell, Superintendent, Parks and Recreation Department assisted Mayor Bush with this presentation to Central Florida Kraze/Krush, Youth Sports Partner. Discussion. "'e Manager Smith recognized Chris (Caldwell) and Chuck (Pula) for "The work they do. Not just only the soccer partnerships but our other Babe Ruth, Grizzly partnerships — we save as a City a tremendous amount of money each year through those partnerships." REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire Attorney Garganese noted he needs to have an Attorney - Client Session with the City Commission related to two (2) pending Cases. Attorney Garganese added, "I will work with the Clerk to schedule those at everyone's convenience." Next, Attorney Garganese commented on the Annexation of Enclaves and explained, "As you know, Kevin (Smith) and I went up to Sanford and spoke with the County Manager and the County Attorney. I think we made a compelling argument regarding the use of some new Law to help the City eliminate these Enclaves. We still have not formally heard back from the County; so in order to expedite it with your permission, I've drafted a couple of Resolutions. One (1) for Winter Springs, one (1) for the County to invoke that new legal procedure for Annexation of Enclaves, and I would like to send a letter to the County Attorney along with the Resolutions to try to move this along." Furthermore, Attorney Garganese noted, "I would like to send these Resolutions to the County Attorney along with the County Manager and see if we can get mutual agreement and then have the Resolutions Adopted. If not, they don't want to take any action, we'll bring it back to the Commission and the Commission can decide whether you want to unilaterally adopt the Resolution which is going to invoke that procedure we talked about." Commissioner Krebs said, "That is fine with me." Deputy Mayor Brown was also in agreement. There were no objections. REPORTS 401. Office Of The City Manager — Kevin L. Smith Manager Smith mentioned correspondence the City Commission had received from a resident on a Code Enforcement action related to a garage sale. Chief of Police Kevin Brunelle, Police Department briefed the City Commission on this matter. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2010 PAGE 8 OF 16 REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC �Z� No Report. C:=10 REPORTS 403. Office Of Commissioner Seat Three — The Honorable Gary Bonner No Report. REPORTS 404. Office Of Commissioner Seat Four— The Honorable Sally McGinnis Absent. REPORTS 405. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs shared a copy of an article about a Senior Play Lot and suggested that this be considered for the City; and thought that businesses could possibly partner with the City on the purchase of equipment and a plaque could potentially be displayed identifying partnerships. "MOTION TO GET THE CITY MANAGER TO GET WITH THE PARKS DIRECTOR AND BRING SOME MORE OF THIS INFORMATION FORWARD TO US - AND COME BACK TO US WITH SOMETHING THAT WE COULD MAYBE PUT TOGETHER IN OUR PARKS." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MANAGER SMITH ASKED ABOUT THE TIMING OF THE REQUESTED INFORMATION AND THE BUDGET PROCESS. COMMISSIONER KREBS NOTED, "MY MOST IMPORTANT THING IS TO HAVE IT FOR BUDGET SO THAT WE CAN LOOK AT OPTIONS." MANAGER SMITH ADDED "WILL DO." VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. REPORTS 406. Office Of The Mayor — The Honorable John F. Bush Mayor Bush shared with the City Commission that he recently attended a Mayor's Summit. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2010 PAGE 9 OF 16 Tape 1 /Side B Next, Mayor Bush commented that he attended a LYNX event related to their Bio Diesel Fueling Station. Continuing, Mayor Bush thanked Deputy Mayor Brown for attending some meetings for him. Mayor Bush also' mentioned, "We do have another event — Deputy Mayor Brown cannot attend. It is the Mayors and Managers Meeting. Kevin (Smith), I know you would be going to that — tomorrow? But, regardless, you can check with the other Commissioners to see if anybody else can go." Commissioner Krebs stated, "What time is it ?" Manager Smith remarked, "7:30 (a.m.) and we will get that information out to the Commissioners." REPORTS 407. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Hovey asked about a portion of the Ranchlands paving project. Brief discussion followed with Mr. Brian Fields, P.E., City Engineer, Public Works Department. REPORTS 408. Office Of Commissioner Seat Two/Deputy Mayor — The Honorable Rick Brown Deputy Mayor Brown commented on his schedule. Discussion followed about a meeting being held at 10:00 a.m. tomorrow related to the One Cent Sales Tax with the School Board and the Seminole County Commission. PUBLIC INPUT Mr. John Horan, 1612 Wood Duck Drive, Winter Springs, Florida: commented on his interest in running for Seat 2 on the Seminole County Commission; and spoke in opposition to the proposed Jetta Point project. Mr. Drew Knisel, 1009 Chokecherry Drive, Winter Springs, Florida: as the President of the Oak Forest Homeowners Association, Mr. Knisel commented on an Easement related to lot 248 and showed some photographs of this property. With discussion, Attorney Garganese said he and Staff were working on this issue. Discussion followed on a drainage Easement. Manager Smith asked the City Commission to let Staff look into this and that they would either solve this matter or report back to the City Commission. Mayor Bush said to Manager Smith, "You will keep Drew (Knisel) informed ?" Manager Smith stated, "Absolutely." Mr. Doug Hamilton, 126 Peregrine Court, Winter Springs, Florida: as a property owner whose property is adjacent to the proposed Jetta Point project, Mr. Hamilton commented that he thought this was a money - making project for Seminole County; noted he was opposed to the planned project; and appreciated the Consensus. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2010 PAGE 10 OF 16 Mr. Jim Bradley, 132 Redtail Place, Winter Springs, Florida: commented on American History, Rights as stated in the Constitution, and destroying domestic tranquility. Ms. Susan Wilson, 235 Nandina Terrace, Winter Springs, Florida: appreciated the City Commission's support; that she was opposed to the proposed Jetta Point project; and spoke of concern with traffic, noise, and pollution. Ms. Giuliana McNicholas, 113 Nandina Terrace, Winter Springs, Florida: commented on seeing eagles in the area; and noted that she was opposed to the proposed Jetta Point project. Ms. Sharon Sheehan, 211 Heatherwood Court, Winter Springs, Florida: explained that she had just found out about the proposed Jetta Point project; was opposed to this project; noted her concerns with traffic and the Trail; and appreciated the City Commission listening to their residents. Mayor Bush mentioned accessibility to City Records on the City's Website, and said that if Ms. Sheehan had any problems, to get with the City Manager. Ms. Janet Altenhoff, 104 Redtail Place, Winter Springs, Florida: thought the proposed Jetta Point project should be relocated to a less residential area; and thanked the City Commission for being so accountable. Mr. Jim Matthews, 1824 Seneca Boulevard, Winter Springs, Florida: representing the Chelsea Woods community, Mr. Matthews commented on their concern with the size of the "Destination venue" known as the proposed Jetta Point project; and their distress over noise, traffic, and declining real estate values as a result of this project. Ms. Judy Tillmann, 119 Goshawk Terrace, Winter Springs, Florida: said she was proud of the City Commission for their stance against the proposed Jetta Point project; and commented on increased crime and her concern with eagles and environmental issues. Mr. Paul Huston, 170 Nandina Terrace, Winter Springs, Florida: asked about Seminole County applying for a Large Scale Amendment to the Comprehensive Plan related to the proposed Jetta Point project. Discussion followed with Mr. Randy Stevenson, ASLA, MCP, Director, Community Development Department who stated, "We have received an Application for a Comp(rehensive) Plan Amendment. I will stress that everything as you see — your outstanding items, none of these have been agended and none of them are going to be agended until we resolve the issue. The Comp(rehensive) Plan Amendment is simply for designation of the property as `Open Space and Recreation' - it is a `Housekeeping' item." Mr. Stevenson added, "I stress that no Applications of any kind are moving forward at this point in time." Mr. Don Morrison, 670 Saranac Drive, Winter Springs, Florida: thought that the proposed Jetta Point project did not belong in Winter Springs; and that the City Commission should stop this project. Mr. Morrison also felt this project would ruin the community. Mr. Lee Jensen, 134 Nandina Terrace, Winter Springs, Florida: spoke as a representative of the Howell Creek Reserve and Eagles Watch communities; commented on email addresses for the Seminole County Commission and suggested that both the Seminole County Elected Officials and their Assistants should be contacted. Mr. Jensen also spoke of aspects of the proposed Jetta Point project; that this venue did not belong in the City; and commented on potential issues related to noise and traffic. Mr. Keith Shiflett, 653 Saranac Drive, Winter Springs, Florida: noted that he can hear events at Oviedo High School; and that the proposed Jetta Point project will cause traffic issues and demands on Law Enforcement. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2010 PAGE 11 OF 16 Ms. JoAnn Durnell, 535 Crimson Lane, Winter Springs, Florida: as a resident of Jesup's Reserve, Ms. Dumell said that Jesup's Reserve had just been sold and hoped the City would help preserve their unique look. C=1 Ms. Larry Rouleau, 123 Goshawk Terrace, Winter Springs, Florida: remarked about Winter Springs being a great community and did not want the City to go in the wrong direction. C=2# Tape 2 /Side A Ms. Cheri Hulke, 538 Crimson Lane, Winter Springs, Florida: as another resident of Jesup's Reserve, Ms. Hulke commented on the merits of this community and hoped the property would be kept the same and asked that the City "Watch over us ". ..__ Mr. Jay C. Clay, 144 Peregrine Court, Winter Springs, Florida: commented on a recent newspaper article; thought that the press should be impartial; and that he would keep contacting the Seminole County Commissioners and suggested others do also. Commissioner Hovey suggested that Mr. Clay write a letter to the Editor. Mr. Tom Koza, 121 Goshawk Terrace, Winter Springs, Florida: spoke in opposition to the proposed Jetta Point project; that he does appreciate what Seminole County has done with many of their natural parks; and mentioned potential problems with the Cross Seminole Trail. Ms. Carol Koza, 121 Goshawk Terrace, Winter Springs, Florida: did not address the City Commission, but Mayor Bush stated, "Carol Koza - is also opposed." Deputy Mayor Brown commented on the large number of attendees tonight and expressed how the City Commission appreciates the public's input and comments. Ms. Kevin Cannon, 174 Nandina Terrace, Winter Springs, Florida: thought there would be many more attendees at the next Meeting, and asked that the documents he is going to submit be made part of the Record; and commented on documents that address Seminole County's suggested upgrades to the originally proposed Jetta Point project. Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: commented on changing the designation of the proposed Jetta Point project parcel. Brief discussion. Mr. Mark Wylie, 654 Cayuga Drive, Winter Springs, Florida: spoke about previous issues in Winter Springs; noted that he had not heard much about the proposed Jetta Point project; and asked the City Commission to deny the proposed Jetta Point project. Mr. Ed Coughlin, 115 Nandina Terrace, Winter Springs, Florida: commented on the proposed Jetta Point project and the City Commission was accountable; and spoke for the Record that this is not a neighborhood project and that he was opposed to it. Mr. Wayne Nelson, 106 Shell Flower Cove, Winter Springs, Florida: thanked the City for their efforts in the Nadia Bloom rescue; said that he had lost faith in the previous City Commission and Staff; commented that he was opposed to the proposed Jetta Point project; and that he appreciated the current City Commission for their efforts in trying to stop this project from going forward. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2010 PAGE 12 OF 16 Mayor Bush added, "We appreciate the comments you have made about the City Commission but also I think our City Manager deserves a lot of that credit as well. He has got a tough job." 1i Ms. Connie A. Hicks, 116 Goshawk Terrace, Winter Springs, Florida: did not address the City Commission, but Mayor Bush stated, "Opposed." Miss Anna Rehnstrom, 105 Golden Crest Court, Winter Springs, Florida: thought that if the proposed Jetta Point project goes through, that the eagles will leave. Mayor Bush closed Public Input. miem Mayor Bush called a Recess at 7.:15 p.m.� -• The Regular Meeting reconvened at 7:32 p.m. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department REQUEST: Presents To The City Commission The Districting Commission's Recommendation For The City Commission District Boundaries, Reflecting The January 31, 2010 Population, And Requests The City Commission Approve Second Reading And Adoption Of Ordinance 2010 -12. FISCAL IMPACT: The Only Impact Will Be New Maps, Staff Time, The City Attorney's Time To Draft Ordinance No. (Number) 2010 -12, And Payment To The Committee Members. COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The Agenda Are Necessary In Conjunction With This Agenda Item. RECOMMENDATION: The Districting Commission And Staff Recommend That The City Commission Accept The Districting Commission's Proposed Districting Map With The Proposed District Boundaries And Approve The Associated Ordinance No. (Number) 2010 -12. 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. "MOTION TO APPROVE (ORDINANCE 2010 -12) ON SECOND READING." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2010 PAGE 13 OF 16 VOTE: COMMISSIONER KREBS: AYE rug Of COMMISSIONER HOVEY: AYE �. DEPUTY MAYOR BROWN: AYE C, COMMISSIONER BONNER: AYE MOTION CARRIED. PUBLIC HEARINGS �.• ---+ 501. Office Of The City Attorney And The City Clerk ~`! REQUEST: Request That The City Commission Approve And Adopt Ordinance 2010 -14 On Second Reading, Which Revises Portions Of The City Code And Amends The Existing Uniform Requirements For City Boards And Committees. FISCAL IMPACT: No Funding Requirements Are Tied To The Approval Of This Agenda Item. However, If This Ordinance Is Approved, For The Next Fiscal Budget, The City Will Save Approximately $6,875.00 From Previous Years. COMMUNICATION EFFORTS: RECOMMENDATION: The City Attorney And The City Clerk Request That The City Commission Approve And Adopt Ordinance 2010 -14 On Second And Final Reading. 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. Discussion ensued on how Term Limits would affect current Board/Committee Members and how this would be handled. Attorney Garganese noted, "With respect to Term Limits, the Ordinance would act perspectively and the way it reads right now, each Board Member would be limited to three (3) consecutive full Terms of Office on any one (1) Board or Committee. So, if you have an individual that is finishing up a third term on a particular Board or finishing up a fourth term on a particular Board, this Ordinance would prohibit the Reappointment to that Board, unless the City Commission wants to provide more direction on that particular issue." Continuing, Commissioner Bonner commented on the status of current Board or Committee Members for all of the City's Board or Committees and whether there might be a large amount number of vacancies. Commissioner Bonner then asked Manager Smith to research that for them; to which Manager Smith responded, "Absolutely. Be happy to." Discussion followed on how Seat numbers could be assigned to the Code Enforcement Board. MOTION "TO ADOPT (ORDINANCE 2010 -14) ON SECOND (READING), BUT I WOULD LIKE SOME KIND OF CLARIFICATION ON HOW — WE GO ABOUT ASSIGNING THOSE CURRENT MEMBERS ON THE CODE BOARD." MOTION BY COMMISSIONER KREBS. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2010 PAGE 14 OF 16 ATTORNEY GARGANESE SAID, "WE MAY HAVE TO GO BACK ADMINISTRATIVELY AND TAKE A LOOK AT THAT ROSTER ISSUE." ON BOARDS WITH MORE THAN FIVE (5) SEATS, ATTORNEY GARGANESE ADDED, "BOARD MEMBERS WOULD STILL HAVE TO BE r APPOINTED BY THE COMMISSION." G COMMISSIONER KREBS REITERATED HER MOTION AND STATED, "I WOULD LIKE TO MAKE A MOTION TO ADOPT THIS ORDINANCE 2010 -14." SECONDED BY COMMISSIONER HOVEY. DISCUSSION. ' VOTE: .— a COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Office Of The City Manager REQUEST: Requests That The City Commission Consider A Request From The Seminole League Of Women Voters Asking That The City Of Winter Springs Host A Candidate Forum In The City. If The City Commission Agrees To This, This Agenda Item Is Then Also Requesting The City Commission Agree On A Date For A Candidate Forum. FISCAL IMPACT: If The City Commission Agrees To The City Of Winter Springs Hosting A Candidate Forum, The Related Fiscal Impact Would Involve Staff Time While The Building Where The Candidate Forum Is Being Held Is Open, Along With Other Basic Facility Operational Charges. Depending On Where A Candidate Forum Is Held, Such Costs Could Be Up To Approximately $350.00 And Would Come Out Of The Office Of The City Clerk Line Code 1210 -51214 (Overtime Salaries) If City Hall Is Used; Or From Parks And Recreation Line Code 7250 -51214 Should The Senior Center Or The Civic Center Be The Selected Venue. COMMUNICATION EFFORTS: Ms. Carole Gilbert With The Seminole League Of Women Voters Has Been Contacted On This Matter And Was Also Invited To Attend The May 24, 2010 City Commission Meeting. Additionally, This Agenda Item Has Been Distributed To The Mayor And City Commission, City Manager, And City Attorney; Placed In Press Packets; Placed In The Lobby Binder; And Will Be Available On The City's Website, Laserfiche, And The City's Server. Future Communication Efforts If The City Commission Wishes To Proceed With A Candidate Forum — The Mayor And City Commission May Select All Or Any Of Their Following Preferences: 1. Electronic Sign In Front Of City Hall 2. Website (Home Page) 3. Upcoming "Insider" Newsletter 4. e- Alerts /e- Citizen 5. Press Release From Mayor And City Manager 6. Flyer/Postcard/Invitation Sent Out To All Businesses 7. Flyer/Postcard/Invitation Emailed To The Oviedo- Winter Springs Regional Chamber Of Commerce Businesses CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2010 PAGE 15 OF 16 8. Flyer/Postcard/Invitation Emailed To The Seminole County Chamber Of Commerce Businesses 9. Flyer/Postcard/Invitation Emailed To All Homeowner's Associations 10. Flyer/Postcard/Invitation Emailed To Local Schools/PTA (With Assistance From Commissioner Hovey) rar4I 11. Flyer/Postcard/Invitation Emailed To All Local Publications: a. Tuscawilla Today b. Oak Forest c. Highlands Herald+ d. Seminole Chronicle e. Oviedo Voice "tn f. Orlando Sentinel 12. Flyer/Postcard/Invitation Available At/Posted: =I a. City Hall Building (Outside Bulletin Board) b. City Hall Lobby c. Tuscawilla Country Club Golf Club Pro Shop Bulletin Board d. Highlands Clubhouse Bulletin Board e. Hacienda Village Bulletin Board (2 Locations) f. Tennis Villas Club House Bulletin Board g. Parks And Recreation Office h. Police Station i. Utility Office j. Area Businesses 13. Flyer/Postcard/Invitation Emailed/Mailed To All Advisory Board And Committee Members 14. Flyer/Postcard/Invitation Mailed Out In All Utility Bills a. Cycle 1 b. Cycle 2 c. Cycle 3 d. Cycle 4 15. Information Included At Bottom Of All Utility Bills 16. Banner At Corner Of State Road 434 And Tuskawilla Road RECOMMENDATION: The Mayor And City Commission Are Being Asked To Consider Whether They Would Like The City To Assist The Seminole League Of Women Voters In Hosting A Candidate Forum? If This Is Agreed To, The City Commission Is Asked To Note Their Choice For A Location, And Any Date Preferences. Discussion followed on a possible venue, staff time, and the suggested Candidate Forum. "I WILL MAKE A MOTION TO APPROVE TO HAVE THE LEAGUE OF WOMEN VOTERS BE SUPPORTED BY US TO ORCHESTRATE A CANDIDATE FORUM ON LOCAL CITY RACES — AT THE SENIOR CENTER." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. MANAGER SMITH SAID, "I WILL ALSO WORK TO SCHEDULE THIS WITH ANDREA (LORENZO - LUACES). WE WILL WORK TO SCHEUDLE THIS SOMETIME IN THE PROBABLY OCTOBER TIMEFRAME AND WE WILL ALSO LOOK TO MINIMIZE THE OVERTIME COSTS TO THE BEST OF OUR ABILITY." ON THE ISSUE OF ADVERTISING AND COMMUNICATING THIS EVENT, MANAGER SMITH REFERENCED THE EXTENSIVE ADVERTISING OPPORTUNITIES AND REMARKED, "WE'LL UTILIZE ALL THAT HAVE NO ADDITIONAL COSTS TO THE CITY, FIRST AND FOREMOST." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2010 PAGE 16 OF 16 VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. t.e ❖ ❖ AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS ADDRESSED NEXT, AS DOCUMENTED. ❖❖ REPORTS REPORTS 405. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs noted the previous senior fitness opportunities discussion, and suggested that everyone consider looking into this, do some research, consider having a couple of pieces of equipment at each City Park as an option, and to help us be on the "Cutting edge." Mayor Bush stated, "I think it is a great idea." Deputy Mayor Brown agreed and commented on similar recreation stations in Winter Park "On the back end of Showalter Field." With further discussion, Deputy Mayor Brown stated, "I really like the idea of it being scattered throughout the various Parks in the City..." Commissioner Krebs added, "...I do too..." Continuing, Deputy Mayor Brown said, "...Instead of concentrated at one (1) location." ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 7:42 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO - LUACES, MMC CITY CLERK APPROVED: MAYOR JOHN F. BUSH NOTE: These Minutes were approved at the , 2010 City Commission Regular Meeting. CITY OF WINTER SPRINGS FLORIDA 4 0NTE R O � A T • Incorporate • 1959 L 0 P ORI CITY COMMISSION MINUTES REGULAR MEETING MONDAY, MAY 24, 2010 — 5:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor John F. Bush Commissioner Jean Hovey - Seat One Deputy Mayor Rick Brown - Seat Two Commissioner Gary Bonner - Seat Three Commissioner Sally McGinnis - Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2010 PAGE 2 OF 16 CALL TO ORDER The Regular Meeting of Monday, May 24, 2010 of the City Commission was called to Order by Mayor John F. Bush at 5:15 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 Rick Brown, present Commissioner Jean Hovey, present Commissioner Gary Bonner, present Commissioner Sally McGinnis, absent Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, arrived at 5:19 p.m. The Pledge of Allegiance followed a moment of silence. The National Anthem was performed by the Choices In Learning Charter School Choir, led by Ms. Kacie Whaley. City Attorney Anthony A. Garganese arrived at 5:19 p.m. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department REQUEST: Advising The City Commission Of The Status Of Various Current Planning Projects. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The Commission Agenda Are Necessary In Conjunction With This Agenda Item. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. No discussion was noted related to this Agenda Item. INFORMATIONAL 101. Public Works/Utility Department REQUEST: Utility Department Providing The City Commission With A Copy Of The Consumer Confidence Report That Will Be Sent To All Residents. FISCAL IMPACT: The Postage And Printing Cost For The CCR (Consumer Confidence Report) Is $4,000.00 From The Utility Fund. COMMUNICATION EFFORTS: The CCR (Consumer Confidence Report) Will Be Mailed To All Utility Customers In June. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2010 PAGE 3 OF 16 RECOMMENDATION: For Informational Purposes Only. There was no particular discussion on this Agenda Item. INFORMATIONAL 102. Community Development Department — Arbor Division REQUEST: Informing The City Commission Regarding Winter Springs Being Awarded National Status As A Tree City USA By The National Arbor Day Foundation. FISCAL IMPACT: There Is No Cost To The City For Participation In The National Arbor Day Foundation's Tree City USA Program. COMMUNICATION EFFORTS: The National Arbor Day Foundation's Tree City USA Program Is Promoted Throughout The Year To Residents In Winter Springs Through Various Arbor Publications Distributed By The City, The City's Website, And At The Annual Arbor Day Celebration Currently Held In City Hall. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. This Agenda Item was not specifically discussed. INFORMATIONAL 103. Community Development Department REQUEST: Presenting A Summary Of The History, Current Status, And Outstanding Items Relative To The Jetta Point Park Proposal. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The Commission Agenda Are Necessary In Conjunction With This Agenda Item. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. Commissioner Gary Bonner stated, "I want to thank Staff for putting together this history of the Jetta Point Park, based on the interaction that has occurred with the City up to this point, so I thank the Staff for that" Further comments followed on citizen's comments related to the proposed Jetta Point Park project. Deputy Mayor Rick Brown spoke about a Homeowners Association meeting he attended yesterday and then commented for the Record that he was not in support of the proposed Jetta Point Park project in its current state. Commissioner Jean Hovey asked City Manager Kevin L. Smith if he had heard back from the Seminole County Manager. Manager Smith responded, "If I don't see anything by mid -week, I'll certainly make contact with him." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 24. 2010 PAGE 4 OF 16 Commissioner Joanne M. Krebs said to Manager Smith, I would actually like to know the changes — what happened with what was discussed with us a few years ago, as to what is happening now — because clearly there is something that has changed. And how does that happen without it coming through us ?" Furthermore, Commissioner Krebs remarked, "I really would like to know why they have changed. If something has changed, what has changed, and why? And then I would like to invite them here, let the public know your County Commissioners are going to be here, and let them come." Deputy Mayor Brown added, "You are absolutely right." Continuing, Commissioner Krebs suggested that the City of Oviedo Council could also assist with this effort and they could also contact the Seminole County Commission. Commissioner Bonner thought that possibly a Workshop with Seminole County could be held. Discussion followed on the project from 2006; comments from a Seminole County Commissioner; that the public is always welcome to attend our City Commission Meetings and that the public should attend Seminole County Commission Meetings and voice their feelings; and that the property could possibly be re- purchased. Mayor Bush suggested, "I think the first step is we wait for the response from the County Manager to the questions that were raised and then after that, then I think we need to sit down with County Commission and try to negotiate something that is more compatible to what the citizens want." Additionally, it was recommended that citizens contact Seminole County and especially, Commissioner Bob Dallari who is the Chair of the Seminole County Board of County Commissioners. Commissioner Krebs noted, "If we don't hear within a reasonable time, and Kevin (Smith) I would ask you what is a reasonable time - I think that we should start pursuing it; just keep hammering until they either come here and talk about it or..." Mayor Bush asked Manager Smith if the County Manager had responded yet. Manager Smith responded, "I will follow up in the morning." Manager Smith added, "It is easier for the County to pull the project as I said earlier, but that doesn't mean there may not be potential options available to this Commission. We're working through those and I'll let you know as soon as we have anything." Next, Commissioner Hovey agreed with Commissioner Krebs and Commissioner Bonner on having a deadline and moving forward, and also that citizens should contact the Seminole County Commission. Additionally, Commissioner Krebs suggested, "We could at some point always do a Resolution ourselves, and we could pass that also to Oviedo and get their support as well — I would like to wait to give the County the opportunity to respond, hopefully in a positive way. But again, we could as a Commission do a Resolution." Commissioner Bonner noted his agreement. Discussion. "MOTION TO APPROVE INFORMATIONAL" (AGENDA). MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2010 PAGE 5 OF 16 CONSENT AGENDA CONSENT 200. Community Development Department — Urban Beautification Services Division REQUEST: Requesting The City Commission Approve The Execution Of A Florida Division Of Forestry Grant Memorandum Of Agreement ( #10A -130) For The Moss Road Tree Reforestation Project. FISCAL IMPACT: Funding For The Moss Road Tree Reforestation Project Shall Be Revenue Neutral And Come From Fund Balance Of The Arbor Fund (110) In The Amount Of $18,537.00. The City Will Be Reimbursed The Entire Project Cost Upon Acceptance Of The Project By The Florida Division Of Forestry. Maintenance Of The Project Will Be Performed By City Arbor Staff As Part Of The Regular Workload. COMMUNICATION EFFORTS: The Beautification Of Winter Springs Advisory Board, The Oviedo - Winter Springs Regional Chamber Of Commerce, The Winter Springs Rotary Club, And Various Homeowner Associations Are Supporting This Community Improvement Project Through Planning, Letters Of Support And Various Volunteer Activities. RECOMMENDATION: Staff Recommends That The City Commission Approve Execution Of The Attached Memorandum Of Agreement ( #10A -130) By The City Manager Between The Florida Division Of Forestry And The City Of Winter Springs For The Moss Road Tree Reforestation Project. Staff Also Recommends That The City Commission Approve The Related Revenue Neutral Expenditure Of $18,537.00 From Arbor Fund (110) Fund Balance To Install The Project. No discussion was noted related to this Agenda Item. CONSENT 201. Public Works Department REQUEST: Requests The City Commission Approve A Site Development Permit Agreement With Meritage Homes Of Florida, Inc. For Limited Mowing And Grubbing Of Wetland Areas At Sonesta Pointe. FISCAL IMPACT: No Funding Is Requested As Part Of This Agenda Item. Arbor Permit And Site Inspection Fees Will Be Collected For The Work To Be Performed Under The Site Development Permit Agreement. COMMUNICATION EFFORTS: Before Any Work Is Performed Under The Site Development Permit, Staff Will Notify The Surrounding Residents In The Adjacent Subdivision To The North, St. Johns Landing. Staff Will Update The City Commission On The Status Of The Sonesta Pointe Project As Part Of The Community Development Department's Current Planning Project Status Informational Agenda Item. RECOMMENDATION: Staff Recommends The City Commission Approve A Site Development Permit Agreement With Meritage Homes Of Florida, Inc. For Limited Mowing And Grubbing Of Wetland Areas At Sonesta Pointe And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. There was no particular discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 24. 2010 PAGE 6 OF 16 CONSENT 202. Public Works Department — Stormwater Division REQUEST: Requests The City Commission Approve Task Order #4 To The Engineering Services Agreement With Camp Dresser & McKee Inc. To Provide Professional Engineering Services For The Piping Of Two Stormwater Ditches Near Edgemon Avenue And Lombardy Road In The Amount Of $67,007.00. FISCAL IMPACT: The Total Design Fee Is $67,007.00 And The Project Is Funded By The Stormwater Fund, Consisting Of $50,000.00 Budgeted For This Project And An Additional $17,007.00 Through A Deferral Of A Total Maximum Daily Load (TMDL) Water Quality Project Not Scheduled For Construction This Year. COMMUNICATION EFFORTS: Before Any Field Work Begins, Such As Surveying Or Geotechnical Investigations, Staff Will Notify All Abutting Residents With A Flyer That Will Explain The Project Scope, Schedule, And Provide Contact Information For Any Questions. RECOMMENDATION: Staff Recommends That The City Commission Approve Task Order #4 To The Engineering Services Agreement With Camp Dresser & McKee Inc. In The Amount Of $67,007.00 Funded From The Stormwater Fund ( #3800 - 65000) And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. This Agenda Item was not specifically discussed. CONSENT 203. Office Of The City Attorney REQUEST: Presents Resolution 2010 -26 To The City Commission, Dismissing The Winter Springs Ad Hoc Charter Review Committee And Commending The Committee For The Services It Provided To The City Of Winter Springs. FISCAL IMPACT: None. COMMUNICATION EFFORTS: RECOMMENDATION: Approve Resolution 2010 -26 Dismissing The Ad Hoc Committee And Commending It For Its Services To The City. No discussion was noted related to this Agenda Item. "MOTION TO APPROVE" (CONSENT AGENDA). MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2010 PAGE 7 OF 16 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor Presentation Of A Certificate Of Recognition To CFK - Central Florida Kraze/Krush, Youth Sports Partner. Mr. Chris Caldwell, Superintendent, Parks and Recreation Department assisted Mayor Bush with this presentation to Central Florida Kraze/Krush, Youth Sports Partner. Discussion. Manager Smith recognized Chris (Caldwell) and Chuck (Pula) for "The work they do. Not just only the soccer partnerships but our other Babe Ruth, Grizzly partnerships — we save as a City a tremendous amount of money each year through those partnerships." REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire Attorney Garganese noted he needs to have an Attorney- Client Session with the City Commission related to two (2) pending Cases. Attorney Garganese added, "I will work with the Clerk to schedule those at everyone's convenience." Next, Attorney Garganese commented on the Annexation of Enclaves and explained, "As you know, Kevin (Smith) and I went up to Sanford and spoke with the County Manager and the County Attorney. I think we made a compelling argument regarding the use of some new Law to help the City eliminate these Enclaves. We still have not formally heard back from the County; so in order to expedite it with your permission, I've drafted a couple of Resolutions. One (1) for Winter Springs, one (1) for the County to invoke that new legal procedure for Annexation of Enclaves, and I would like to send a letter to the County Attorney along with the Resolutions to try to move this along." Furthermore, Attorney Garganese noted, "I would like to send these Resolutions to the County Attorney along with the County Manager and see if we can get mutual agreement and then have the Resolutions Adopted. If not, they don't want to take any action, we'll bring it back to the Commission and the Commission can decide whether you want to unilaterally adopt the Resolution which is going to invoke that procedure we talked about." Commissioner Krebs said, "That is fine with me." Deputy Mayor Brown was also in agreement. There were no objections. REPORTS 401. Office Of The City Manager — Kevin L. Smith Manager Smith mentioned correspondence the City Commission had received from a resident on a Code Enforcement action related to a garage sale. Chief of Police Kevin Brunelle, Police Department briefed the City Commission on this matter. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2010 PAGE 8 OF 16 REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC No Report. REPORTS 403. Office Of Commissioner Seat Three — The Honorable Gary Bonner No Report. REPORTS 404. Office Of Commissioner Seat Four— The Honorable Sally McGinnis Absent. REPORTS 405. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs shared a copy of an article about a Senior Play Lot and suggested that this be considered for the City; and thought that businesses could possibly partner with the City on the purchase of equipment and a plaque could potentially be displayed identifying partnerships. "MOTION TO GET THE CITY MANAGER TO GET WITH THE PARKS DIRECTOR AND BRING SOME MORE OF THIS INFORMATION FORWARD TO US - AND COME BACK TO US WITH SOMETHING THAT WE COULD MAYBE PUT TOGETHER IN OUR PARKS." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MANAGER SMITH ASKED ABOUT THE TIMING OF THE REQUESTED INFORMATION AND THE BUDGET PROCESS. COMMISSIONER KREBS NOTED, "MY MOST IMPORTANT THING IS TO HAVE IT FOR BUDGET SO THAT WE CAN LOOK AT OPTIONS." MANAGER SMITH ADDED "WILL DO." VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. REPORTS 406. Office Of The Mayor — The Honorable John F. Bush Mayor Bush shared with the City Commission that he recently attended a Mayor's Summit. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2010 PAGE 9 OF 16 Tape 1 /Side B Next, Mayor Bush commented that he attended a LYNX event related to their Bio Diesel Fueling Station. Continuing, Mayor Bush thanked Deputy Mayor Brown for attending some meetings for him. Mayor Bush also mentioned, "We do have another event — Deputy Mayor Brown cannot attend. It is the Mayors and Managers Meeting. Kevin (Smith), I know you would be going to that — tomorrow? But, regardless, you can check with the other Commissioners to see if anybody else can go." Commissioner Krebs stated, "What time is it ?" Manager Smith remarked, "7:30 (a.m.) and we will get that information out to the Commissioners." REPORTS 407. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Hovey asked about a portion of the Ranchlands paving project. Brief discussion followed with Mr. Brian Fields, P.E., City Engineer, Public Works Department. REPORTS 408. Office Of Commissioner Seat Two/Deputy Mayor — The Honorable Rick Brown Deputy Mayor Brown commented on his schedule. Discussion followed about a meeting being held at 10:00 a.m. tomorrow related to the One Cent Sales Tax with the School Board and the Seminole County Commission. PUBLIC INPUT Mr. John Horan, 1612 Wood Duck Drive, Winter Springs, Florida: commented on his interest in running for Seat 2 on the Seminole County Commission; and spoke in opposition to the proposed Jetta Point project. Mr. Drew Knisel, 1009 Chokecherry Drive, Winter Springs, Florida: as the President of the Oak Forest Homeowners Association, Mr. Knisel commented on an Easement related to lot 248 and showed some photographs of this property. With discussion, Attorney Garganese said he and Staff were working on this issue. Discussion followed on a drainage Easement. Manager Smith asked the City Commission to let Staff look into this and that they would either solve this matter or report back to the City Commission. Mayor Bush said to Manager Smith, "You will keep Drew ( Knisel) informed ?" Manager Smith stated, "Absolutely." Mr. Doug Hamilton, 126 Peregrine Court, Winter Springs, Florida: as a property owner whose property is adjacent to the proposed Jetta Point project, Mr. Hamilton commented that he thought this was a money- making project for Seminole County; noted he was opposed to the planned project; and appreciated the Consensus. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2010 PAGE 10 OF 16 Mr. Jim Bradley, 132 Redtail Place, Winter Springs, Florida: commented on American History, Rights as stated in the Constitution, and destroying domestic tranquility. Ms. Susan Wilson, 235 Nandina Terrace, Winter Springs, Florida: appreciated the City Commission's support; that she was opposed to the proposed Jetta Point project; and spoke of concern with traffic, noise, and pollution. Ms. Giuliana McNicholas, 113 Nandina Terrace, Winter Springs, Florida: commented on seeing eagles in the area; and noted that she was opposed to the proposed Jetta Point project. Ms. Sharon Sheehan, 211 Heatherwood Court, Winter Springs, Florida: explained that she had just found out about the proposed Jetta Point project; was opposed to this project; noted her concerns with traffic and the Trail; and appreciated the City Commission listening to their residents. Mayor Bush mentioned accessibility to City Records on the City's Website, and said that if Ms. Sheehan had any problems, to get with the City Manager. Ms. Janet Altenhoff, 104 Redtail Place, Winter Springs, Florida: thought the proposed Jetta Point project should be relocated to a less residential area; and thanked the City Commission for being so accountable. Mr. Jim Matthews, 1824 Seneca Boulevard, Winter Springs, Florida: representing the Chelsea Woods community, Mr. Matthews commented on their concern with the size of the "Destination venue" known as the proposed Jetta Point project; and their distress over noise, traffic, and declining real estate values as a result of this project. Ms. Judy Tillmann, 119 Goshawk Terrace, Winter Springs, Florida: said she was proud of the City Commission for their stance against the proposed Jetta Point project; and commented on increased crime and her concern with eagles and environmental issues. Mr. Paul Huston, 170 Nandina Terrace, Winter Springs, Florida: asked about Seminole County applying for a Large Scale Amendment to the Comprehensive Plan related to the proposed Jetta Point project. Discussion followed with Mr. Randy Stevenson, ASLA, A1CP, Director, Community Development Department who stated, "We have received an Application for a Comp(rehensive) Plan Amendment. I will stress that everything as you see — your outstanding items, none of these have been agended and none of them are going to be agended until we resolve the issue. The Comp(rehensive) Plan Amendment is simply for designation of the property as `Open Space and Recreation' - it is a `Housekeeping' item." Mr. Stevenson added, "I stress that no Applications of any kind are moving forward at this point in time." Mr. Don Morrison, 670 Saranac Drive, Winter Springs, Florida: thought that the proposed Jetta Point project did not belong in Winter Springs; and that the City Commission should stop this project. Mr. Morrison also felt this project would ruin the community. Mr. Lee Jensen, 134 Nandina Terrace, Winter Springs, Florida: spoke as a representative of the Howell Creek Reserve and Eagles Watch communities; commented on email addresses for the Seminole County Commission and suggested that both the Seminole County Elected Officials and their Assistants should be contacted. Mr. Jensen also spoke of aspects of the proposed Jetta Point project; that this venue did not belong in the City; and commented on potential issues related to noise and traffic. Mr. Keith Shiflett, 653 Saranac Drive, Winter Springs, Florida: noted that he can hear events at Oviedo High School; and that the proposed Jetta Point project will cause traffic issues and demands on Law Enforcement. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2010 PAGE 11 OF 16 Ms. JoAnn Durnell, 535 Crimson Lane, Winter Springs, Florida: as a resident of Jesup's Reserve, Ms. Durnell said that Jesup's Reserve had just been sold and hoped the City would help preserve their unique look. Ms. Larry Rouleau, 123 Goshawk Terrace, Winter Springs, Florida: remarked about Winter Springs being a great community and did not want the City to go in the wrong direction. Tape 2 /Side A Ms. Cheri Hulke, 538 Crimson Lane, Winter Springs, Florida: as another resident of Jesup's Reserve, Ms. Hulke commented on the merits of this community and hoped the property would be kept the same and asked that the City "Watch over us ". Mr. Jay C. Clay, 144 Peregrine Court, Winter Springs, Florida: commented on a recent newspaper article; thought that the press should be impartial; and that he would keep contacting the Seminole County Commissioners and suggested others do also. Commissioner Hovey suggested that Mr. Clay write a letter to the Editor. Mr. Tom Koza, 121 Goshawk Terrace, Winter Springs, Florida: spoke in opposition to the proposed Jetta Point project; that he does appreciate what Seminole County has done with many of their natural parks; and mentioned potential problems with the Cross Seminole Trail. Ms. Carol Koza, 121 Goshawk Terrace, Winter Springs, Florida: did not address the City Commission, but Mayor Bush stated, "Carol Koza - is also opposed." Deputy Mayor Brown commented on the large number of attendees tonight and expressed how the City Commission appreciates the public's input and comments. Ms. Kevin Cannon, 174 Nandina Terrace, Winter Springs, Florida: thought there would be many more attendees at the next Meeting, and asked that the documents he is going to submit be made part of the Record; and commented on documents that address Seminole County's suggested upgrades to the originally proposed Jetta Point project. Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: commented on changing the designation of the proposed Jetta Point project parcel. Brief discussion. Mr. Mark Wylie, 654 Cayuga Drive, Winter Springs, Florida: spoke about previous issues in Winter Springs; noted that he had not heard much about the proposed Jetta Point project; and asked the City Commission to deny the proposed Jetta Point project. Mr. Ed Coughlin, 115 Nandina Terrace, Winter Springs, Florida: commented on the proposed Jetta Point project and the City Commission was accountable; and spoke for the Record that this is not a neighborhood project and that he was opposed to it. Mr. Wayne Nelson, 106 Shell Flower Cove, Winter Springs, Florida: thanked the City for their efforts in the Nadia Bloom rescue; said that he had lost faith in the previous City Commission and Staff; commented that he was opposed to the proposed Jetta Point project; and that he appreciated the current City Commission for their efforts in trying to stop this project from going forward. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2010 PAGE 12 OF 16 Mayor Bush added, "We appreciate the comments you have made about the City Commission but also I think our City Manager deserves a lot of that credit as well. He has got a tough job." Ms. Connie A. Hicks, 116 Goshawk Terrace, Winter Springs, Florida: did not address the City Commission, but Mayor Bush stated, "Opposed." Miss Anna Rehnstrom, 105 Golden Crest Court, Winter Springs, Florida: thought that if the proposed Jetta Point project goes through, that the eagles will leave. Mayor Bush closed Public Input. Mayor Bush called a Recess at 7:15 p.m. The Regular Meeting reconvened at 7:32 p.m. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department REQUEST: Presents To The City Commission The Districting Commission's Recommendation For The City Commission District Boundaries, Reflecting The January 31, 2010 Population, And Requests The City Commission Approve Second Reading And Adoption Of Ordinance 2010 -12. FISCAL IMPACT: The Only Impact Will Be New Maps, Staff Time, The City Attorney's Time To Draft Ordinance No. (Number) 2010 -12, And Payment To The Committee Members. COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The Agenda Are Necessary In Conjunction With This Agenda Item. RECOMMENDATION: The Districting Commission And Staff Recommend That The City Commission Accept The Districting Commission's Proposed Districting Map With The Proposed District Boundaries And Approve The Associated Ordinance No. (Number) 2010 -12. 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. "MOTION TO APPROVE (ORDINANCE 2010 -12) ON SECOND READING." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2010 PAGE 13 OF 16 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office Of The City Attorney And The City Clerk REQUEST: Request That The City Commission Approve And Adopt Ordinance 2010 -14 On Second Reading, Which Revises Portions Of The City Code And Amends The Existing Uniform Requirements For City Boards And Committees. FISCAL IMPACT: No Funding Requirements Are Tied To The Approval Of This Agenda Item. However, If This Ordinance Is Approved, For The Next Fiscal Budget, The City Will Save Approximately $6,875.00 From Previous Years. COMMUNICATION EFFORTS: RECOMMENDATION: The City Attorney And The City Clerk Request That The City Commission Approve And Adopt Ordinance 2010 -14 On Second And Final Reading. 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. Discussion ensued on how Term Limits would affect current Board /Committee Members and how this would be handled. Attorney Garganese noted, "With respect to Term Limits, the Ordinance would act perspectively and the way it reads right now, each Board Member would be limited to three (3) consecutive full Terms of Office on any one (1) Board or Committee. So, if you have an individual that is finishing up a third term on a particular Board or finishing up a fourth term on a particular Board, this Ordinance would prohibit the Reappointment to that Board, unless the City Commission wants to provide more direction on that particular issue." Continuing, Commissioner Bonner commented on the status of current Board or Committee Members for all of the City's Board or Committees and whether there might be a large amount number of vacancies. Commissioner Bonner then asked Manager Smith to research that for them; to which Manager Smith responded, "Absolutely. Be happy to." Discussion followed on how Seat numbers could be assigned to the Code Enforcement Board. MOTION "TO ADOPT (ORDINANCE 2010 -14) ON SECOND (READING), BUT I WOULD LIKE SOME KIND OF CLARIFICATION ON HOW — WE GO ABOUT ASSIGNING THOSE CURRENT MEMBERS ON THE CODE BOARD." MOTION BY COMMISSIONER KREBS. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2010 PAGE 14 OF 16 ATTORNEY GARGANESE SAID, "WE MAY HAVE TO GO BACK ADMINISTRATIVELY AND TAKE A LOOK AT THAT ROSTER ISSUE." ON BOARDS WITH MORE THAN FIVE (5) SEATS, ATTORNEY GARGANESE ADDED, "BOARD MEMBERS WOULD STILL HAVE TO BE APPOINTED BY THE COMMISSION." COMMISSIONER KREBS REITERATED HER MOTION AND STATED, "I WOULD LIKE TO MAKE A MOTION TO ADOPT THIS ORDINANCE 2010 -14." SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Office Of The City Manager REQUEST: Requests That The City Commission Consider A Request From The Seminole League Of Women Voters Asking That The City Of Winter Springs Host A Candidate Forum In The City. If The City Commission Agrees To This, This Agenda Item Is Then Also Requesting The City Commission Agree On A Date For A Candidate Forum. FISCAL IMPACT: If The City Commission Agrees To The City Of Winter Springs Hosting A Candidate Forum, The Related Fiscal Impact Would Involve Staff Time While The Building Where The Candidate Forum Is Being Held Is Open, Along With Other Basic Facility Operational Charges. Depending On Where A Candidate Forum Is Held, Such Costs Could Be Up To Approximately $350.00 And Would Come Out Of The Office Of The City Clerk Line Code 1210 -51214 (Overtime Salaries) If City Hall Is Used; Or From Parks And Recreation Line Code 7250 -51214 Should The Senior Center Or The Civic Center Be The Selected Venue. COMMUNICATION EFFORTS: Ms. Carole Gilbert With The Seminole League Of Women Voters Has Been Contacted On This Matter And Was Also Invited To Attend The May 24, 2010 City Commission Meeting. Additionally, This Agenda Item Has Been Distributed To The Mayor And City Commission, City Manager, And City Attorney; Placed In Press Packets; Placed In The Lobby Binder; And Will Be Available On The City's Website, Laserfiche, And The City's Server. Future Communication Efforts If The City Commission Wishes To Proceed With A Candidate Forum — The Mayor And City Commission May Select All Or Any Of Their Following Preferences: 1. Electronic Sign In Front Of City Hall 2. Website (Home Page) 3. Upcoming "Insider" Newsletter 4. e- Alerts /e- Citizen 5. Press Release From Mayor And City Manager 6. Flyer/Postcard/Invitation Sent Out To All Businesses 7. Flyer/Postcard/Invitation Emailed To The Oviedo - Winter Springs Regional Chamber Of Commerce Businesses CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2010 PAGE 15 OF 16 8. Flyer/Postcard/Invitation Emailed To The Seminole County Chamber Of Commerce Businesses 9. Flyer/Postcard/Invitation Emailed To All Homeowner's Associations 10. Flyer/Postcard/Invitation Emailed To Local Schools/PTA (With Assistance From Commissioner Hovey) 11. Flyer/Postcard/Invitation Emailed To All Local Publications: a. Tuscawilla Today b. Oak Forest c. Highlands Herald d. Seminole Chronicle e. Oviedo Voice f. Orlando Sentinel 12. Flyer/Postcard/Invitation Available At/Posted: a. City Hall Building (Outside Bulletin Board) b. City Hall Lobby c. Tuscawilla Country Club Golf Club Pro Shop Bulletin Board d. Highlands Clubhouse Bulletin Board e. Hacienda Village Bulletin Board (2 Locations) f. Tennis Villas Club House Bulletin Board g. Parks And Recreation Office h. Police Station i. Utility Office j. Area Businesses 13. Flyer/Postcard/Invitation Emailed/Mailed To All Advisory Board And Committee Members 14. Flyer/Postcard/Invitation Mailed Out In All Utility Bills a. Cycle 1 b. Cycle 2 c. Cycle 3 d. Cycle 4 15. Information Included At Bottom Of All Utility Bills 16. Banner At Corner Of State Road 434 And Tuskawilla Road RECOMMENDATION: The Mayor And City Commission Are Being Asked To Consider Whether They Would Like The City To Assist The Seminole League Of Women Voters In Hosting A Candidate Forum? If This Is Agreed To, The City Commission Is Asked To Note Their Choice For A Location, And Any Date Preferences. Discussion followed on a possible venue, staff time, and the suggested Candidate Forum. "I WILL MAKE A MOTION TO APPROVE TO HAVE THE LEAGUE OF WOMEN VOTERS BE SUPPORTED BY US TO ORCHESTRATE A CANDIDATE FORUM ON LOCAL CITY RACES — AT THE SENIOR CENTER." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. MANAGER SMITH SAID, "I WILL ALSO WORK TO SCHEDULE THIS WITH ANDREA (LORENZO - LUACES). WE WILL WORK TO SCHEDDLE THIS SOMETIME IN THE PROBABLY OCTOBER TIMEFRAME AND WE WILL ALSO LOOK TO MINIMIZE THE OVERTIME COSTS TO THE BEST OF OUR ABILITY." ON THE ISSUE OF ADVERTISING AND COMMUNICATING THIS EVENT, MANAGER SMITH REFERENCED THE EXTENSIVE ADVERTISING OPPORTUNITIES AND REMARKED, "WE'LL UTILIZE ALL THAT HAVE NO ADDITIONAL COSTS TO THE CITY, FIRST AND FOREMOST." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2010 PAGE 16 OF 16 VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. •• AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS ADDRESSED NEXT, AS DOCUMENTED. •• REPORTS REPORTS 405. Office Of Commissioner Seat Five - The Honorable Joanne M. Krebs Commissioner Krebs noted the previous senior fitness opportunities discussion, and suggested that everyone consider looking into this, do some research, consider having a couple of pieces of equipment at each City Park as an option, and to help us be on the "Cutting edge." Mayor Bush stated, "I think it is a great idea." Deputy Mayor Brown agreed and commented on similar recreation stations in Winter Park "On the back end of Showalter Field." With further discussion, Deputy Mayor Brown stated, "I really like the idea of it being scattered throughout the various Parks in the City..." Commissioner Krebs added, "...I do too..." Continuing, Deputy Mayor Brown said, "...Instead of concentrated at one (1) location." ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 7:42 p.m. RESPECTFULLY SUBMIT l ED: t NDR' ,A NZO- LUACES, MMC CITY CLERK AP VED: Y /1 7 1 4 4.-- - t - **1 2` /44,l/ie NOR JOHN F. BUSH NOTE: These Minutes were approved at the June 14, 2010 City Commission Regular Meeting.