Loading...
HomeMy WebLinkAbout2010 07 12 Consent 206 Requesting Approval of the City Commission Regular Meeting Minutes of 2010 06 28 CITY OF WINTER SPRINGS, FLORIDA A 1sTe/Q p.. o 1 w Incorporate 1959 CITY COMMISSION MINUTES REGULAR MEETING MONDAY, JUNE 28, 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 - JUNE 28, 2010 PAGE 2 OF 26 CALL TO ORDER The Regular Meeting of Monday, June 28, 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, present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. Mayor Bush suggested that Regular Agenda Item "606" be the first Regular Agenda Item as it relates to one of the Public Hearings Agenda Items. There were no objections by the City Commission. 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. INFORMATIONAL 101. Information Services Department REQUEST: Wishes To Update The Commission On The Results Of Selling Computer Equipment Online Via eBay. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item Other Than The Revenues Gained Via The Sale Of Surplus Assets. COMMUNICATION EFFORTS: The Surplus Assets Disposal List Is Posted Monthly To The City's Website Under Public Notices; No Other Communication Efforts Are Needed At This Time. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 3 OF 26 RECOMMENDATION: This Agenda Item Is For Informational Purposes Only. There was no discussion on this Agenda Item ..� 102. Office Of The City Attorney REQUEST: Desires To Inform The City Commission That, With The Assistance Of The City Cler Office, It Has Randomly Assigned The Current Members Of The Code Enforcement Board To A Speci Seat Number, Pursuant To City Commission Directive. FISCAL IMPACT: None. COMMUNICATION EFFORTS: RECOMMENDATION: This Item Is For Informational Purposes Only. This Agenda Item was not discussed. "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Community Development Department - Development Services Division REQUEST: Requests That The City Commission Approve Resolution Number 2010 -35 Recognizing The Retirement Of Building Official David Alamina. FISCAL IMPACT: There Is No Fiscal Impact If Resolution Number 2010 -35 Is Approved. COMMUNICATION EFFORTS: Copies Or Access To This Agenda Item And Resolution Have Been Provided To The Mayor And City Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website, Laserfiche, And The City's Server. Community Development Staff Are Currently Working Together To Ensure That A Seamless Transition Occurs During This Change So There Is No Impact To The Plan Review And Permitting Process. Notification Of An Official Retirement Gathering Party Will Be Forthcoming. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 4 OF 26 RECOMMENDATION: The Community Development Director Is Requesting That The City Commission Approve Resolution Number 2010 -35 In Honor Of David Alamina, Building Official. If This Resolution Is Approved Under The Consent Agenda, A Presentation Of The Resolution To Mr. Alamina Will Then Be � Made At This Same City Commission Meeting During "Awards And Presentations". 4=0 There was no discussion on this Agenda Item. y� CONSENT 201. Office Of The City Manager And The Finance And Administrative Services Department REQUEST: Requesting That The City Commission Authorize The City Manager To Exercise The First Of Three One Year Renewals For The Contract For Audit Services With The Firm Of McDirmit Davis & Company, LLC. FISCAL IMPACT: The Budget For FY (Fiscal Year) 2011will Include $44,500.00 For Audit And CAFR (Comprehensive Annual Finance Report) Preparation Services Which Will Cover The Fees Proposed By McDirmit Davis & Company, LLC For The Fiscal Year Ending September 30, 2010. COMMUNICATION EFFORTS: Contract Will Be Mailed Back To McDirmit Davis & Company, LLC For Counter Signing. RECOMMENDATION: It Is The Recommendation Of The City Manager And The Finance And Administrative Services Department That The City Commission Authorize The City Manager To Execute The First Of Three One Year Extensions To Engage The Audit Firm Of McDirmit Davis & Company, LLC For Fiscal Year End September 30, 2010. The Fees Would Be As Stated In The Agenda Item Above. This Agenda Item was not discussed. CONSENT 202. Office Of The City Manager REQUEST: Requests City Commission Consider Partnering With Boy Scout Troop 197 To Solicit Donation At This Year's July 4 Fireworks Celebration. The City Manager And City Attorney Request Authorization To Prepare And Execute Any And All Applicable Documents. FISCAL IMPACT: The City Of Winter Springs Will Receive 75% Of All Donations Collected At The 4 Of July (2010) Celebration. 100% Of The Donated Funds Will Be Used To Offset The Cost Of This Event. COMMUNICATION EFFORTS: Stands With Signs Explaining The Donation Drive Will Be Placed At Strategic Entry Points To Central Winds Park. Several Announcements Will Be Made Throughout The Celebration Over The Intercom By The Boy Scouts Requesting Participation In The Donation Drive. A Minimum Of Two Boy Scouts And A Leader Will Be Stationed At Each Stand Soliciting Donations From Passersby. RECOMMENDATION: Approve The 2010 Boy Scout Agreement As Presented That Will Allow The City Of Winter Springs To Enter Into A Contractual Agreement With Boy Scout Troop 196 To Solicit Donation At The Annual e Of July Celebration. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 5 OF 26 CONSENT 203. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The June 14, 2010 City Commission Regul m Meeting Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: These Minutes Have Been Distributed To The Mayor And Ci Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The June 14, 2010 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor Presentation Of A Certificate Of Recognition To Winter Springs Babe Ruth In Honor Of Their Contributions As A Valued Youth Sports Partner. Mayor Bush presented Mayor a Certificate of Recognition to the Winter Springs Babe Ruth organization for their many contributions to the City. Discussion. AWARDS AND PRESENTATIONS 301. Office Of The City Manager Presentation Of Resolution Number 2010 -35 Recognizing David Alamina For His 22 Years Of Dedicated Service As An Employee Of The City Of Winter Springs And Expressing Our Appreciation On Behalf Of The Citizens Of The City Of Winter Springs. Mayor Bush presented Resolution Number 2010 -35 to Mr. David Alamina for his dedicated service to the City of Winter Springs. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 6 OF 26 Mr. David Alamina, Building Official, Community Development Department addressed the City Commission aniW the City Manager. AWARDS AND PRESENTATIONS 302. Police Department Requesting The Mayor And City Commission Receive A Presentation From The Police Department 0 The Status Of The Volunteers In Police Services Program. Chief of Police Kevin Brunelle, Police Department and Captain Kevin Presley, Police Department advised the City Commission about the Citizens on Patrol (COP's) program. Mr. Bob Henderson, Mr. Paul Krebs, and Mr. Jim Pitts were introduced as participants in the Citizens on Patrol (COP's) program. Commissioner Gary Bonner stated, "Congratulations Chief." Mayor Bush noted, "Thanks Chief." Commissioner Joanne M. Krebs added, "Thank you very much." AWARDS AND PRESENTATIONS 303. Office Of The Mayor And The City Commission Presentation Of A Certificate Of Recognition To The Winter Springs All Star 8U A Team, "Wild Boyz" — (Baseball) In The Winter Springs Babe Ruth, Rookie Division. This Agenda Item was not heard at this point in the Meeting. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire Related to Consent Agenda Item "202 ", City Attorney Anthony A. Garganese remarked, "I wanted to advise you that the contracting party name changed — rather than the Boy Scouts, it will be the Winter Springs Post 5405, Veterans of Foreign Wars, a Florida Not .For Profit Corporation within which the Boy Scouts operate under." With further comments, Attorney Garganese added, "It doesn't change the intent of the Agreement." Related to the Contract negotiations with American Traffic Solutions, LLC (ATS), Attorney Garganese said that he would discuss the status of negotiations during Public Hearings Agenda Item "500 ". Next, Attorney Garganese noted that an additional Attorney - Client Session might be needed sometime in July and said, "We're still working on that other Settlement and we may have something next month." Attorney Garganese then said to the City Commission, "You will be seeing that Volunteer Policy coming to you, likely the first Meeting in July." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 7 OF 26 Mayor Bush asked about the status of the Annexation Agreement with Seminole County. Attorney Garganese mentioned Resolutions that he had prepared and had sent to Seminole County. City Manager Kevin L. Smith added, "My understanding is that they are still reviewing the details of what I would consider a well laid out Q Agreement from Anthony (Garganese), and we're awaiting word back from them. We'll advise the Commission at that time." REPORTS 401. Office Of The City Manager — Kevin L. Smith Manager Smith noted that the proposed Fiscal Year 2011 Budget will be transmitted to the City Commission this evening. Secondly, Manager Smith also mentioned to those in attendance about the July 19 2010 Town Hall Meeting, and welcomed all to attend. Manager Smith then commented on his schedule. Mayor Bush asked if the Budget will be on the City's Website? Manager Smith added that Staff was working on this and noted, "It will be available on the Website tomorrow." REPORTS 402. Office Of The City Clerk — Andrea Lorenzo- Luaces, MMC Related to the recently cancelled Oviedo- Winter Springs Joint Meeting, City Clerk Andrea Lorenzo - Luaces asked the City Commission if they wanted to suggest some dates. Discussion followed that a Wednesday might be best. Commissioner Sally McGinnis suggested that since Oviedo is hosting, that they provide suggested dates. Mayor Bush then said to City Clerk Lorenzo - Luaces, "So, you will let the Clerk know Andrea - they need to give us some dates." City Clerk Lorenzo - Luaces responded, "Okay, thank you." REPORTS 403. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs commented, "I wanted to thank the Clerk's Department for doing such a great job in putting together the Appreciation Dinner that we had last Friday night. It was really, really nice. So, thank you." Much discussion followed on Appointments and Alternates on the Code Enforcement Board and whether Alternates were needed anymore. Captain Glenn Tolleson, Police Department addressed the City Commission on this matter. "MOTION TO ELIMINATE THE ALTERNATES." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 8 OF 26 VOTE: DEPUTY MAYOR BROWN: AYE COIVIlVIISSIONER McGINNIS: AYE COMIVIISSIONER KREBS: AYE COMNIISSIONER HOVEY: AYE COMNIISSIONER BONNER: AYE MOTION CARRIED. REPORTS 404. Office Of The Mayor — The Honorable John F. Bush Mayor Bush stated, "Thank you Andrea (Lorenzo - Luaces) for the hard work you and your Staff did for the Appreciation Banquet. It went very well and you always do a great job." Mayor Bush read a letter from Chairman Bob Dallari with the Seminole County Board of County Commissioners related to Jetta Point. REPORTS 405. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Jean Hovey remarked, "I too would like to thank Andrea (Lorenzo - Luaces) and the Clerk's Office" for the Advisory Board and Committee Appreciation Dinner. Next, Commissioner Hovey complimented Manager Smith on the patriotic Banners. Lastly, Commissioner Hovey asked about the status of the proposed Ordinance for Electronic Signs. Attorney Garganese stated, "That is in Randy's (Stevenson, Director, Community Development Department) court." Manager Smith noted that he would assist with this. REPORTS 406. Office Of Commissioner Seat Two/Deputy Mayor — The Honorable Rick Brown Deputy Mayor Rick Brown said, "Great job Andrea (Lorenzo- Luaces). Wonderful Event Friday." REPORTS 407. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Bonner remarked, "Wonderful Event for celebrating our citizen's for their volunteering — thank you." Further brief discussion followed about the Code Enforcement Board. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JUNE 28, 2010 PAGE 9 OF 26 REPORTS C 408. Office Of Commissioner Seat Four— The Honorable Sally McGinnis Commissioner McGinnis commented on the Advisory Board and Committee Appreciation Event and spoke about expanding our Volunteer base. ❖ ❖ AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. ❖ ❖ AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 303. Office Of The Mayor And The City Commission Presentation Of A Certificate Of Recognition To The Winter Springs All Star 8U A Team, "Wild Boyz" — (Baseball) In The Winter Springs Babe Ruth, Rookie Division. Mayor Bush presented Mayor a Certificate of Recognition to the Winter Springs All Star 8U A Team, "Wild Boyz" — (Baseball) who play in the Winter Springs Babe Ruth, Rookie Division. Discussion. Tape 1 /Side B PUBLIC INPUT Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: thanked the City Commission and the Seminole County Commission for listening to the citizens and working together. Ms. Janet Altenhoff 104 Redtail Place, Winter Springs, Florida: also thanked the City Commission and Seminole County Commission for their decision; asked about the land swap, negotiations, and upcoming meetings; mentioned that she hoped this was not a stall until after the Elections; and suggested a low density Office Park be considered as a replacement project. Mayor Bush explained to those in attendance that the land swap would be handled by Seminole County and suggested that residents keep track of Seminole County Commission Agendas for further information and actions. Mr. Jim Bradley, 132 Redtail Place, Winter Springs, Florida: thanked the City Commission. Mr. James Hansberger, 111 Cherry Creek Circle, Winter Springs, Florida: said that common sense worked for the proposed Jetta Point Park project and hoped it would be the same for the proposed Town Parke Apartments project; asked if anyone in attendance was in favor of the Atlantic Housing project; and noted there was opposition to this planned project. Ms. Sarita Forbes, 302 Heatherwood Court, Winter Springs, Florida: commented on the proposed Town Parke Apartments project; that she did not think that Workforce Housing was needed in Winter Springs; then spoke about property values and the Trail; asked the City Commission to reconsider the planned Town Parke Apartments project; and suggested the City Commission attend the Reserve at Tuscawilla Homeowner's Association meeting scheduled to be held in July. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 10 OF 26 With further comments, Ms. Forbes noted the Homeowner's Association meeting would be held on July 13 and would begin at seven o'clock in the evening. Mr. Wayne Nelson, 106 Shell Flower Cove, Winter Springs, Florida: commented on low income housing; and complimented Chief Brunelle and Detective Valerie Mendelson, Police Department for their assistance with ima helping his granddaughters learn about safety. Qe Mayor Bush then said, "Several people who filled out papers, did not wish to address the Commission: Rose Jenson, she was opposed to Jetta Point; Tracy and Ruby Norris, also opposed - and Carol Koza also on Jetta Point; Connie Hicks, Doris Norris, Florence Kramer, and Inge Clay." Mayor Bush further commented on Seminole County's interest in a land swap. Commissioner Bonner asked Manager Smith if any information on land swaps or property transactions could be added to the City's Website. Manager Smith responded, "I have already contacted the County Manager — I have asked him to keep me in the loop on these transactions. I trust that they will do so and any information I have I will transmit it to this Commission and post it on our Website." Commissioner Bonner also suggested that such information be sent out via our distribution list. Further comments followed on an email distribution list which sends out information to the public including the Presidents of Homeowner's Associations. Discussion followed with a member of the audience who mentioned she did not get the recent email. Mayor Bush suggested, "Why don't you send one out tomorrow Kevin (Smith)." Mayor Bush suggested that if the resident does not get the email, to then contact the City Manager. Mr. Jay C. Clay, 144 Peregrine Court, Winter Springs, Florida: spoke about the suggested land swap. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Attorney REQUEST: Requests That The City Commission Adopt On. Second Reading Ordinance No. (Number) 2010 -13, Which Implements The Provisions Of The Mark Wandall Safety Act (2010) Regarding The Enforcement Of Red Light Traffic Infraction Detectors. FISCAL IMPACT: The Precise Fiscal Impact Is Yet To Be Determined. It Is Likely The City Will Receive Less Revenue For Every Violation Because Of The New State Revenue Sharing Requirement Under The Act. Moreover, Contract Changes With ATS (American Traffic Solutions), Who Currently Receives $40.00 Of Every Violation Collected By The City, Will Need To Be Renegotiated To Factor In The Changes Of Law. COMMUNICATION EFFORTS: RECOMMENDATION: The City Attorney Recommends That The City Commission Adopt Ordinance 2010 -13 On Second Reading. Attorney Garganese read the Ordinance by "Title" only. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 11 OF 26 Commissioner Bonner asked about problems with the collection of Fees at Seminole County's Clerk of the Co Office and inquired, "Are you aware of any of that and does that have any bearing at all on this item ?" Attome Garganese responded, "That issue is defmitely an issue that needs to be resolved. It's not related to the issue on the Ordinance which opts the City into the new State Law for Red Light Camera Infractions." 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 -13)." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Much discussion continued on the ATS (American Traffic Solutions, LLC) Contract issue; collections; Citations; issuance of tickets. Chief Brunelle addressed the City Commission on this matter. Further comments followed on empowering the City Manager to negotiate a short term Contract; safety; the appearance of collecting funds; negotiations; possibly going out to Bid; continuity of service and safety; and Police Department tools. Chief Brunelle further addressed the City Commission and spoke about safety and the ATS (American Traffic Solutions, LLC) Contract. Discussion. "MOTION TO EMPOWER THE MANAGER TO ENTER INTO A SHORT -TERM CONTRACT WITH ATS (AMERICAN TRAFFIC SOLUTIONS, LLC), THROUGH THE COMIVIISSION MEETING OF AUGUST 9, (2010)." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JUNE 28, 2010 PAGE 12 OF 26 PUBLIC HEARINGS 501. Community Development Department REQUEST: Requests The Commission, In Its Capacity As The Development Review Committee For The Town Center, Hold A Public Hearing To Consider The Special Exception For A Building With At Least A 25,000 SF (Square Foot) Building Footprint And Make A Recommendation To The City Commission. FISCAL IMPACT: The Undeveloped Site Currently Has An Approximately $20,000.00 Tax Bill. Staff Estimates Of 76 Townhomes Averaging 1,200 SF (Square Feet) Each Would Yield Approximately $20,000.00 Additional To The Total Tax Bill From The Site (As Would A Commercial 0.20 Floor Area Ratio). The Applicant States That The School Had A 2009 -2010 Operating Budget Of $3.6 Million, Payroll (And Associated Taxes) For 45 Employees Of $2,000,000.00 Million, Revenue For Procured Services Of $1.6 Million, Finished Its 2009 -2010 Year At Least $450,000.00 In The Black, $1,350,000.00 In The Bank (On 04/30/10), And No Debt. They Project An Operating Budget Of $5.1 Million, A Payroll For 60 (Sixty) Employees (15 [Fifteen] New Jobs) Of $2.46 Million, And Debt Payment On The New Facility Of $700,000.00. Planning Literature States, As A General Rule, That A Small High Quality Elementary School Boosts Residential Property Values At The Neighborhood And Often Community Level. COMMUNICATION EFFORTS: A Substantial And Conspicuous Sign Has Been Erected At The Site To Notice The Public Hearing And Property Owners Within 150 Feet Of The Site Have Been Notified By Mail In Addition To The Postings By The City Clerk's Office. RECOMMENDATION: Staff Recommends That The City Commission, In Its Capacity As The Town Center DRC (Development Review Committee), Recommend Approval Of The Special Exception For A Building With Footprint Larger Than 20,000 Square Feet (SF), Subject To The Applicant Closing On The Site And Executing A Binding Development Agreement With The City. Tape 2/Side A Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item and spoke about cooperation. Mr. Matt Breen, President, Breen Construction Services, 205 West State Road 434, Suite D, Winter Springs, Florida: reviewed a PowerPoint presentation with the City Commission. With further comments, Mr. Breen noted, "Joint Use opportunities. John has done an excellent job of already setting up discussions with Chuck Pula for the Parks and Recreation overflow events. The proximity will service the Parks and Recreation area very, very well. When we're not utilizing our parking, we would certainly welcome the opportunity for you to utilize the parking space during the 4 of July for instance or the Highland Games or whatever major event that might be going on. These are things that we would like to work out with you. The potential for conference space, potential activity space as well and we're also dedicating a certain amount of — our site to green space which we'd like to share with you." Discussion. Mr. Aranya Mom, Architect, Burk Hogue Mills, Inc., 1130 Business Center Drive, Lake Mary, Florida: also reviewed a PowerPoint presentation on this project. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JUNE 28, 2010 PAGE 13 OF 26 Discussion. Commissioner Hovey asked about the reference to this being a "Neighborhood school" and then inquired, "How ,.=. many students do you have now and what is the size of your building, and what is the plan for the new building — the students ?" Discussion followed with Mr. Breen. Furthermore, Commissioner Hovey asked about a Traffic Study and mentioned issues with other schools and = would other schools impact this school. Mr. Breen noted, "The Traffic Study will be conducted in the next Phase, g2. after the Concept Review." With discussion, Mr. Breen added, "We haven't done the Traffic Study yet. That's the next stage after the Concept is approved. You get to look at the Engineering again, at that point in time. We don't believe that it is going to be an impact." Commissioner Hovey remarked, "I really want us to address that before anything is done." Discussion followed on the focus of Charter Schools. Commissioner Krebs commented on the number of students from Winter Springs who might attend this school; and whether the utility building was possibly going to be relocated. Tape 2/Side B Commissioner Bonner remarked about tree canopy and said, "I for one look forward to hearing in the future about how you are planning to mitigate that impact and help us to maintain our tree canopy." Additionally, Commissioner Bonner suggested, "It is going to take a really special terminating vista civic building to make it work, so I am very anxious and looking forward to the day when you are ready to share." Further, Commissioner Bonner noted, "I know this is all conceptual. I for one am going to look forward to you showing me that, with views from the east, views from the west, views from the rear." Commissioner Bonner then suggested, "I need to see it in context — context to what it will look like from a distance, up close, while I am driving by it at 45 mph (miles per hour) which is the speed limit in that area and - how I am enjoying it while I am at the Park." Commissioner Bonner added, "I look forward to seeing that." Commissioner McGinnis inquired, "How many of your students walk to your school now ?" Mr. Breen responded, "I don't have that answer for you. I can research it." With further comments, Mr. Breen noted, "I don't have the exact number for you but I could fmd that out and have that information forwarded to you through John (Baker). Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Barbara Crosswell, 472 Tradition Lane, Winter Springs, Florida: asked if this was a school for Special Education students; and noted her concern with Special Education students walking to /from school. Mr. George McKenzie, President, Board of the Directors for Choices in Learning: noted that this was a mainstream school and spoke of some of the merits and features of this school. Mayor Bush closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 14 OF 26 With further comments, Commissioner Hovey remarked, "I would hope by the next time that we see this group, that we could have a percentage of the students that walk and ride from the current school." Further discussion. "I WILL MOVE THAT WE APPROVE THE SPECIAL EXCEPTION WITH THE STIPULATIONS M IDENTIFIED BY STAFF WHICH WOULD DEPEND ON THE DEVELOPMENT AGREEMENT." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. RELATED TO THE SPECIAL EXCEPTION, ATTORNEY GARGANESE EXPLAINED, "THE WAY THIS AGENDA ITEM IS STRUCTURED, IT IS GOING TO BE CONTINGENT UPON A DEVELOPMENT AGREEMENT BEING APPROVED. THE DEVELOPMENT AGREEMENT PROCESS WILL CONSTITUTE THE SECOND PUBLIC HEARING PROCESS UNDER THE TOWN CENTER CODE WHICH IS NECESSARY TO GRANT THE SPECIAL EXCEPTION." COMMISSIONER BONNER ADDED, "SO, WE ARE NOT CREATING A PERMANENT EXCEPTION FOR THIS TRACT." ATTORNEY GARGANESE STATED, "NO." VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. ❖ ❖ AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM "606" WAS DISCUSSED NEXT, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. REGULAR AGENDA REGULAR 606. Community Development Department REQUEST: Requests The Commission Consider The Request To Grant Concept Approval Of A Proposed 50,000 Square Foot (SF) 2 -Story Charter School On An 8.7 Acre Crescent Shaped Site Within The Town Center, Subject To Conditions. FISCAL IMPACT: Development Of The Site As A School Would Remove The Property From The Tax Rolls. The Urban Land Institute Notes That Neighborhood Schools Are A Primary Consideration For Many Home Buyers And Are Often A Significant Factor In Residential Development Demand And Sales Price. If Parents Patronize Local Merchants, While Waiting For Their Children, And The School Incorporates Local Dance, Martial Arts, Or Music Classes, These Could Be An Additional Significant Positive Effect On The Local Economy. Please See The Attachment, Which Addresses The History And Economics Of The School. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 15 OF 26 The Potential Tax Revenue For The Property Has Been Accessed For Both A Residential As Well As A Commercial Development Scenario. Since The Property, If Used As A Charter School, Would Be Removed From The Tax Rolls, The City Commission Needs To Be Aware Of The Potential For Lost Tax M Revenue When Considering Designation Of The Property As A Civic Site And When Entertaining Any Statements From The Applicant Relative To Ancillary Revenues As A Result Of The Location Of The School. Tax Revenue Scenarios Are As Follows: • The Undeveloped Property Currently Pays $20, 643.00 In Property Taxes. • Townhomes (76 f Seventy -Sixl Units), As Proposed In A 2006 Desisn Submittal Units (1,200 Square Feet) — Assessed At $90.00 /Square Foot: $8,208,000.00 $8,208,000.00/1000 = 8208 8,208 (2.5814) = $21,188.13 $21,188.13 (Less The 4% Statutory Discount) = $20,340.61 Tax Revenue • Commercial (Floor Area Ratio Of 20 %) 8.7 Acres (43,560 Square Feet) = 378,972 Square Feet FAR (Floor Area Ratio) Of 20% = 75,794 Square Feet Of Commercial Development 75,794 Square Feet Assessed At $105.00 /Square Foot = $7,958,412.00 $7,958,412.00/1000 = 7,958.41 7,958.41 (2.5814) - $20,543.84 $20,543.84 (Less The 4% Statutory Discount) = $19,722.09 Tax Revenue The Tax Revenue Estimates For The Residential And The Commercial Scenarios Would Be Added To The Tax Revenue For The Vacant Property, Thereby Generating Tax Revenues Of $40,983.61 For The Residential Scenario And $40,365.09 For The Commercial Scenario. COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The Commission Agenda Are Necessary In Conjunction With This Agenda Item. A Sign At The Site And Mailing To Abutting Property Owners Was Provided For The Public Hearing For The Associated Special Exception. RECOMMENDATION: Staff Recommends That The City Commission Approve The Concept Plan, Subject To (1) Special Exception Approval And Any Associated Conditions, (2) The Applicant And Staff Working Out The Issues Outlined Above, During Site Plan And Aesthetic Review And (3) Approval Of A Development Agreement. Mr. Baker addressed this Agenda Item with the City Commission. Discussion ensued on economic impact; and neighborhood schools. Further comments followed with Mr. Chuck Pula, Director, Parks and Recreation Department regarding sharing of City Park facilities and school facilities. "I WILL MOVE THAT WE APPROVE THE CONCEPT PLAN SUBJECT TO ALL THE CONDITIONS IDENTIFIED BY STAFF." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMvIISSION REGULAR MEETING - JUNE 28, 2010 PAGE 16 OF 26 VOTE: COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE '`, DEPUTY MAYOR BROWN: NAY COMMISSIONER HOVEY: AYE al COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mayor Bush suggested, "From Commissioner Bonner's question to Chuck (Pula) that we might want to put that into the Development Plan about what we can get, so we don't get shut out." Commissioner McGinnis added, "It will be." No objections were noted. REGULAR 600. Office Of The City Attorney REQUEST: Requests That The City Commission Approve Resolution No. (Number) 2010 -34, Establishing A City Dog Park Banner Program To Help Fund The Operation And Maintenance Of The City Of Winter Springs Hound Ground Dog Park. FISCAL IMPACT: The Precise Fiscal Impact Is Yet To Be Determined. It Is Intended That The City Will Receive Increased Revenues To Help Offset The Cost Of Operating And Maintaining The City Dog Park. COMMUNICATION EFFORTS: RECOMMENDATION: The City Attorney Recommends That The City Commission Approve Resolution 2010 -34, Establishing A City Dog Park Banner Program. Attorney Garganese spoke first on this Agenda Item and remarked, "Section 3. at the beginning would be reworded to State, Corporate, or Patron sponsors of the Dog Park may apply to the City to install one (1) Banner on the Dog Park fence and then a (or two [2] identical Banners to be installed back to back at the same location, on both sides of the Dog Park fence)." Discussion. "MOTION TO APPROVE (INCLUDING RESOLUTION 2010-34)." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 17 OF 26 REGULAR 601. Office Of The City Manger REQUEST: Requesting The Commission To Set A Workshop Date To Discuss The City Manager's Aanu Performance Evaluation For The Evaluation Period Ending May 25, 2010. FISCAL IMPACT: Due To Budget Constraints, City Employees Were Not Given Merit Increases And N Funds Are Allocated For This Purpose In FY (Fiscal Year) 2010. a COMMUNICATION EFFORTS: No Additional Communication Efforts Are Needed At This Time. RECOMMENDATION: The City Manager Recommends That The City Commission Set A Workshop Date For Purposes Of A Collective Discussion Of The Individual Results Of Each Commissioner/Mayor's Execution Of The New City Manager Performance Evaluation Form, For The Evaluation Period Ended May 25, 2010. Discussion ensued on possible dates for a Workshop, Mayor Bush stated, "I would like to see it come later than July because I am going to be gone most of the month of July." Further comments followed about whether a delay might impact the City Manager. Manager Smith commented on previous situations related to when Reviews were due to the City Commission and stated, "I wanted to be timely." Regarding scheduling and with consideration of the Elected Officials' absences, Commissioner Bonner suggested, "I would say as early in August as possible." Deputy Mayor Brown recommended, "Monday the 2 Mayor Bush then said, "I am not back in town until the 8 (Of August 2010)." Deputy Mayor Brown recommended, "Monday the 16 (Of August)." Mayor Bush said, "Fine." Commissioner Hovey added, "The 16 (Of August) might work because then if we had any last minute stuff for the Florida League of Cities." No objections were voiced. Commissioner Krebs suggested starting the Workshop at 7:00 p.m. Mayor Bush asked, "Is seven o'clock okay with everybody ?" Commissioner Bonner stated, "I am good with that." There were no objections noted. Mayor Bush summarized, "August "16 at 7:00 p.m." REGULAR 602. Office Of The City Manager, Finance And Administrative Services Department And Information Services Department REQUEST: Requests The City Commission Consider The Expansion Of Master Card And Visa For Development Service And Utility Billing As An Acceptable Payment Method For City Services. The City Manager And City Attorney Request Authorization To Prepare And Execute Any And All Applicable Documents. FISCAL IMPACT: Option 1 - City Passes The Customer Convenience Fee ($2.70) Onto The Public Both For Development Services And Utility Billing. There Would Be No Cost For Equipment Or Transaction Fees To The City. Option 2 - City Absorbs The Convenience Fees For Both Development Services And Utility Billing. The Total Cost For Year One Would Be Approximately $675.00 (450 Transactions @ $1.50) For Development Services And $27,000.00 (18,000 Transactions @1.50) For Utility Billing. Option 3 - Absorb The Fee For Development Services And Charge A Convenience Fee For Utility Billing Customers. Total Cost In The First Year Would Be Only $675.00 For Development Service Customers. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JUNE 28, 2010 PAGE 18 OF 26 COMMUNICATION EFFORTS: Master Card And Visa Stickers Would Be Placed On The Doors Of City Hall Along With Counter Top Advertising Tents. The City Would Advertise On Its Website The Ability To Pay With Master Card And Visa. The New Payment Method Will Be Advertised On The City Hall Sign. RECOMMENDATION: City Manager And Finance Department Recommend The Commission Consider Option 1 For A Period Of 12 -18 Months At Which Time A Full Cost Benefit Analysis Can Be Performed On Data Collected. This Analysis Will Steer Any Price Structure Changes. Mr. Shawn Boyle, Director, Finance and Administrative Services Department began the discussion on this Y P Agenda Item. Mr. Joe Alcala, IT Coordinator /Security Administrator, Information Services Department addressed the City Commission on some of the specifics of this project. Tape 3 /Side A Discussion followed on whether auto drafts could be used; third party costs; and using credit cards for payments with no fees. Deputy Mayor Brown asked, "Can we eliminate the need for customers to come all the way into City Hall to get a pin number to then having the convenience of paying online in the first place ?" Mr. Boyle responded, "We are — I know I.S. (Information Services Department) right now is working on e- Commerce websites where people wouldn't have to come in anymore." Commissioner Bonner asked if we were considering forming partnerships with collection merchants. Manager Smith stated, "Absolutely." Attorney Garganese stated, "There is an exception in Florida Law for local governments, as well as State governments. They can impose a surcharge to recover the costs. If the Commission ultimately want to reconsider imposing the Surcharge and absorb it, then the City Commission will have to make a Finding that absorbing it serves a public purpose, because the City in essence would be paying for that surcharge; so the track record may be important for determining what that public purpose is or how you are going to consider it." "I WILL MAKE A MOTION TO GO WITH — `Option 1'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. MAYOR BUSH ADDED, MOTION THAT "WE APPROVE `Option 1' AS PRESENTED, FOR THE PERIOD OF TWELVE - EIGHTEEN (12 - 18) MONTHS." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 19 OF 26 REGULAR 603. Not Used. QS REGULAR 604. Office Of The City Clerk REQUEST: Requests That Members Of The City Commission (Depending On The Applicable Advisory Boards And Committees) Make Appointments/Reappointments Related To The Terms Of Office Which Will Be Expiring In July 2010 — Specifically Regarding Members Of The Beautification Of Winter Springs Board; The Code Enforcement Board; The Planning And Zoning Board/Local Planning Agency; The Tuscawilla Lighting And Beautification District Advisory Committee; And The Terms Of Office Which Will Be Expiring In August 2010 For The Oak Forest Wall And Beautification District Advisory Committee. FISCAL IMPACT: There Is No Fiscal Impact To This Agenda Item. Additionally, As A Courtesy Reminder, With The Adoption Of Ordinance 2010 -14, Twenty -Five Dollar ($25.00) Payments To Board Members Have Been Repealed. COMMUNICATION EFFORTS: The Board And Committee Members Referenced In This Agenda Item Have Been Notified. Additionally, Copies And/Or Access To This Agenda Item Have Been Provided To The Mayor And City Commission, City Manager, City Attorney, Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Is Available On The City's Website, Laserfiche, And The City's Server. RECOMMENDATION: Members Of The City Commission Are Requested To Make Their Respective Appointments/Reappointments Regarding The Board And Committee Members That Are Noted In This Agenda Item - With Consideration That Board And Committee Members Will Be Needed For Quorums For Meetings In July And Onwards. Individuals Being Appointed Would Begin No Earlier Than Mid -July 2010, Depending On The Board Or Committee. The City Commission Is Respectfully Requested To Make Individual Motions For Each Seat, On Each Board /Committee. *With The Passage Of Ordinance 2010 -14, The Beautification Of Winter Springs Board Has Gone To A Five (5) Member Board. As Noted In This Agenda Item, Two (2) Of The Current Seven (7) Members Are Not Asking To Be Reappointed. The City Commission May Wish To Move The Two (2) "Mayoral Appointments" To Seat Three And Seat Five Respectively. Members Of The City Commission Are Respectfully Requested To Make Appointments/Reappointments To The Code Enforcement Board With Consideration Of Current Alternate(s). Please Note The Following Names And Respective Seats Are Just Noted As The Individual Currently Appointed To The Following: CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 20 OF 26 Appointments To Be Made By Commissioner Jean Hovey: • Seat Currently Held By Lorry Roero — Beautification Of Winter Springs Board • Seat Currently Held By Gregory Roero — Code Enforcement Board [Pursuant To Ordinance 201 10, Mr. Roero Has Reached Permitted Term Limits] • Seat Currently Held By Mary Brook — Tuscawilla Lighting And Beautification District Adviso Committee Appointments To Be Made By Deputy Mayor Rick Brown: • Seat Currently Held By Jim Pitts — Code Enforcement Board • Seat Currently Held By Brian Oliver — Oak Forest Wall And Beautification District Advisory Committee • Replacement Appointment For Robert Heatwole Who Is NOT Asking To Reappointed — Planning And Zoning Board/Local Planning Agency Appointments To Be Made By Commissioner Gary Bonner: • Replacement Appointment For Kathryn Fairchild Who Is NOT Asking To Reappointed — Beautification Of Winter Springs Board* • Vacant Seat — Oak Forest Wall And Beautification District Advisory Committee • Seat Currently Held By Luci Coker — Tuscawilla Lighting And Beautification District Advisory Committee Appointments To Be Made By Commissioner Sally McGinnis: • Seat Currently Held By Raquel Santana — Oak Forest Wall And Beautification District Advisory Committee • Seat Currently Held By Bill Poe — Planning And Zoning Board/Local Planning Agency Appointments To Be Made By Commissioner Joanne M. Krebs: • Replacement Appointment For Cara Lynn Roesner Who Is NOT Asking To Reappointed — Beautification Of Winter Springs Board* • Seat Currently Held By Laura -Leigh Wood — Code Enforcement Board Seat Currently Held By Donald Gilmore — Tuscawilla Lighting And Beautification District Advisory Committee "FOR THE CODE (ENFORCEMENT) BOARD, I WOULD LIKE TO REAPPOINT JIM PITTS." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. COMMISSIONER KREBS ASKED ABOUT "COP'S" (CITIZENS ON PATROL) SERVING ON THE CODE (ENFORCEMENT) BOARD AND ASKED IF IT WOULD BE A CONFLICT? ATTORNEY GARGANESE STATED, "POTENTIALLY, IF THE `COP'S' (CITIZENS ON PATROL) PROGRAM FALLS INTO SOME SORT OF CODE ENFORCEMENT TYPE OF ACTIVITY AND DUTY, I'HEN THEY CAN'T SERVE AS HELPING THE PROSECUTION OF A CODE CASE." DISCUSSION FOLLOWED WITH CHIEF BRUNELLE. ATTORNEY GARGANESE ADDED, "IF YOU'RE GOING TO ASSIGN GENERAL DUTIES TO THE `COP'S' (CITIZENS ON PATROL) TO BE INVOLVED IN CODE ENFORCEMENT, THEN I WOULD RECOMMEND TO 1 1 1 4E COMMISSION NOT TO APPOINT ANY `COP'S' (CITIZENS ON PATROL) TO THE CODE ENFORCEMENT BOARD, JUST TO AVOID THE APPEARANCE OF A CONFLICT." DEPUTY MAYOR BROWN STATED, "I WILL WITHDRAW MY MOTION ON THAT." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 21 OF 26 "BRIAN OLIVER" - NOMINATED TO CONTINUE SERVING ON THE OAK FOREST WALL BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. MOTION BY DEPUTY MAYO BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE 01■41 COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. "BART PHILLIPS" - NOMINATED TO SERVE ON THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY. MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Deputy Mayor Brown added, "I will be prepared with my Code Enforcement (Board) nomination, next Meeting." "LORRY ROERO" - NOMINATED TO CONTINUE SERVING ON THE BEAUTIFICATION OF WINTER SPRINGS BOARD." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. "GARY BROOK" - NOMINATED TO SERVE ON THE CODE ENFORCEMENT BOARD." MOTION BY COMIVIISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. IT WAS NOTED THAT MR. BROOK WAS BEING NOMINATED TO REPLACE THE SEAT HELD BY MR. GREGORY ROERO. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 22 OF 26 VOTE: COMMSSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE Moe DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. "MARY BROOK" - NOMINATED TO CONTINUE SERVING ON THE TUSCAWILLA LIGHTIN AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. "RAQUEL SANTANA" - NOMINATED TO CONTINUE SERVING ON THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. "BILL POE" - NOMINATED TO CONTINUE SERVING ON THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 23 OF 26 "LAURA LEIGH (WOOD)" - NOMINATED TO CONTINUE SERVING ON THE CODE A ENFORCEMENT BOARD. MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE Moe DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. "DONALD GILMORE" - NOMINATED TO CONTINUE SERVING ON THE TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MCGINNIS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: NAY DEPUTY MAYOR BROWN: AYE MOTION CARRIED. "LARRY CHMURA" - NOMINATED TO MOVE FROM A BEAUTIFICATION OF WINTER SPRINGS BOARD MAYORAL APPOINTMENT TO SERVE ON THE BEAUTIFICATION OF WINTER SPRINGS BOARD AS THE NEW SEAT FIVE REPRESENTATIVE. MOTION BY COMMIISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMSSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. "JOANN MATTIE" - NOMINATED TO MOVE FROM A BEAUTIFICATION OF WINTER SPRINGS BOARD MAYORAL APPOINTMENT TO SERVE ON THE BEAUTIFICATION OF WINTER SPRINGS BOARD AS THE NEW SEAT THREE REPRESENTATIVE. MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 24 OF 26 REGULAR 605. Office Of The City Manager REQUEST: Requesting That The City Commission Agree That The City Commission Designates That Mayor John F. Bush Is Our "Voting Delegate" (And Deputy Mayor Rick Brown Would Be Alternate), To C, Represent The City Of Winter Springs At The Upcoming Florida League Of Cities Annual Conference; And Is Asking If The City Commission Has Any Issues (Commemorative, Constitutional, Or Federal) They Wish To Be Brought Forward To The Florida League Of Cities In The Form Of A Resolution. FISCAL IMPACT: There Is No Fiscal Impact To This Agenda Item, As Presented. COMMUNICATION EFFORTS: Copies And /Or Access To This Agenda Item Have Been Provided To The Mayor And City Commission, City Attorney, Department Directors; Placed In Press Packets; Placed In The Lobby Binder; Is Available On The City's Website, Laserfiche, And The City's Server; And Through All Other Actions Completed Via The City Clerk's Posting Procedure RECOMMENDATION: It Is Recommended That The City Commission Confirm That Mayor John F. Bush Would Be The City Of Winter Springs' "Voting Delegate" (And Deputy Mayor Rick Brown Would Be Alternate), At The 84 Florida League Of Cities Annual Conference, Being Held This August 19 -21, 2010 In Hollywood, Florida; And Agree That The City Manager Or The City Clerk May Complete The Required Documentation (As Shown In This Agenda Item) And Submit It. It Is Also Recommended That The City Commission Address Any Issues (Commemorative, Constitutional, Or Federal) They Would Like Considered In A Possible Resolution To Be Forwarded To The Florida League Of Cities; And If So, To Direct Staff To Prepare A Resolution And Forward To The Florida League Of Cities, With A Copy To The Mayor And City Commission. "SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. In other City business, Commissioner Krebs referenced Resolution 2009 -10 and commented on Public Input at City Commission Workshops. Discussion. "I WOULD LIKE TO MAKE A MOTION THAT AT THE BEGINNING OF EVERY MEETING, WHETHER A WORKSHOP OR OFFICIAL CITY MEETING, THAT ANY CITIZENS THAT ARRIVE THAT WOULD LIKE TO ADDRESS THE COMMISSION ON ANY SUBJECT BE ALLOWED TO DO SO." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. FURTHER COMMENTS ENSUED ON WHEN "PUBLIC INPUT" SHOULD BE HELD. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 25 OF 26 Commissioner Bonner commented, "Point of Order" and referenced the Motion on the floor. Q ATTORNEY GARGANESE NOTED, "I TAKE IT FROM THE COMMISSION THAT YOU WANT TO AMEND THE POLICY TO ALLOW `PUBLIC INPUT' DURING ALL MEETINGS OF THECA COMMISSION, NOT JUST REGULAR MEETINGS..." DEPUTY MAYOR BROWN STATED, "...YES." ATTORNEY GARGANESE CONTINUED, "THAT WILL REQUIRE THE COMMISSION CINNI TO ADOPT A RESOLUTION AND WE WILL GO AHEAD AND TAKE YOUR COMMENTS, PREPARE THAT RESOLUTION, PUT IT ON AN AGENDA, AND THEN YOU WILL FORMALLY APPROVE IT." DEPUTY MAYOR BROWN STATED, "I WILL WITHDRAW THE MOTION." "I WOULD LIKE TO MAKE A MOTION THAT WE ADD `PUBLIC INPUT' AT THE BEGINNING OF ANCILLARY MEETINGS OF THE COMIVIISSION SUCH AS WORKSHOPS OR SPECIAL MEETINGS TO INCLUDE AN OPEN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE COMMISSION ON ISSUES THAT ARE IMPORTANT TO THEM, NOTWITHSTANDING THE EXISTING `PUBLIC INPUT' PERIOD THAT OCCURS DURING REGULAR CITY COMMISSION MEETINGS." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Manager Smith said, "If it pleases the Commission we'll bring that back in the form of a Resolution to memorialize further." Commissioner Bonner commented on Regular Agenda Item "601" and said to Manager Smith, "There were a number of discussion items, in particular the ones that I brought forward that I feel I laid out some clear expectation of what I am expecting to see the next time they come before this Commission with any updates or progress on that plan. So, when you meet - at least on my behalf, when you meet with that Applicant, I would like you to reiterate that I really do, from my perspective, I don't want them to waste their time to come before us again until they are ready to provide that additional amount of specificity." Manager Smith stated, "Understood." Mayor Bush noted, "They have to follow the procedures." Manager Smith added, "All of the things that were brought up will be addressed at that time; but as we go over the Minutes of this Meeting, we will ensure that those are addressed." With further comments, Commissioner Bonner noted, "I don't want them to show up unprepared to address all the details we provided them tonight, of expectations." Manager Smith said to Commissioner Bonner, "I think you are just asking if those items that you brought up would be considered in the normal scope of the process, and yes they would." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JUNE 28, 2010 PAGE 26 OF 26 ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:53 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 2 0 • Incorpor 1959 L 0R%P CITY COMMISSION AGENDA REGULAR MEETING MONDAY, JUNE 28, 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 • • NOTE: IT IS NOT UNCOMMON THAT THERE MAY BE CHANGES TO THIS AGENDA, INCLUDING ADDITIONAL INFORMATION TO BE PROVIDED TO THE MAYOR AND CITY COMMISSION. • • PLEASE SILENCE CELLULAR TELEPHONES AND /OR PAGERS DURING THE MEETING CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 2 OF 26 CALL TO ORDER The Regular Meeting of Monday, June 28, 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, present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. Mayor Bush suggested that Regular Agenda Item "606" be the first Regular Agenda Item as it relates to one of the Public Hearings Agenda Items. There were no objections by the City Commission. 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. INFORMATIONAL 101. Information Services Department REQUEST: Wishes To Update The Commission On The Results Of Selling Computer Equipment Online Via eBay. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item Other Than The Revenues Gained Via The Sale Of Surplus Assets. COMMUNICATION EFFORTS: The Surplus Assets Disposal List Is Posted Monthly To The City's Website Under Public Notices; No Other Communication Efforts Are Needed At This Time. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 3 OF 26 RECOMMENDATION: This Agenda Item Is For Informational Purposes Only. There was no discussion on this Agenda Item 102. Office Of The City Attorney REQUEST: Desires To Inform The City Commission That, With The Assistance Of The City Clerk's Office, It Has Randomly Assigned The Current Members Of The Code Enforcement Board To A Specific Seat Number, Pursuant To City Commission Directive. FISCAL IMPACT: None. COMMUNICATION EFFORTS: RECOMMENDATION: This Item Is For Informational Purposes Only. This Agenda Item was not discussed. "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Community Development Department - Development Services Division REQUEST: Requests That The City Commission Approve Resolution Number 2010 -35 Recognizing The Retirement Of Building Official David Alamina. FISCAL IMPACT: There Is No Fiscal Impact If Resolution Number 2010 -35 Is Approved. COMMUNICATION EFFORTS: Copies Or Access To This Agenda Item And Resolution Have Been Provided To The Mayor And City Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website, Laserfiche, And The City's Server. Community Development Staff Are Currently Working Together To Ensure That A Seamless Transition Occurs During This Change So There Is No Impact To The Plan Review And Permitting Process. Notification Of An Official Retirement Gathering Party Will Be Forthcoming. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 4 OF 26 RECOMMENDATION: The Community Development Director Is Requesting That The City Commission Approve Resolution Number 2010 -35 In Honor Of David Alamina, Building Official. If This Resolution Is Approved Under The Consent Agenda, A Presentation Of The Resolution To Mr. Alamina Will Then Be Made At This Same City Commission Meeting During "Awards And Presentations ". There was no discussion on this Agenda Item. CONSENT 201. Office Of The City Manager And The Finance And Administrative Services Department REQUEST: Requesting That The City Commission Authorize The City Manager To Exercise The First Of Three One Year Renewals For The Contract For Audit Services With The Firm Of McDirmit Davis & Company, LLC. FISCAL IMPACT: The Budget For FY (Fiscal Year) 2011will Include $44,500.00 For Audit And CAFR (Comprehensive Annual Finance Report) Preparation Services Which Will Cover The Fees Proposed By McDirmit Davis & Company, LLC For The Fiscal Year Ending September 30, 2010. COMMUNICATION EFFORTS: Contract Will Be Mailed Back To McDirmit Davis & Company, LLC For Counter Signing. RECOMMENDATION: It Is The Recommendation Of The City Manager And The Finance And Administrative Services Department That The City Commission Authorize The City Manager To Execute The First Of Three One Year Extensions To Engage The Audit Firm Of McDirmit Davis & Company, LLC For Fiscal Year End September 30, 2010. The Fees Would Be As Stated In The Agenda Item Above. This Agenda Item was not discussed. CONSENT 202. Office Of The City Manager REQUEST: Requests City Commission Consider Partnering With Boy Scout Troop 197 To Solicit Donation At This Year's July 4th Fireworks Celebration. The City Manager And City Attorney Request Authorization To Prepare And Execute Any And All Applicable Documents. FISCAL IMPACT: The City Of Winter Springs Will Receive 75% Of All Donations Collected At The 4th Of July (2010) Celebration. 100% Of The Donated Funds Will Be Used To Offset The Cost Of This Event. COMMUNICATION EFFORTS: Stands With Signs Explaining The Donation Drive Will Be Placed At Strategic Entry Points To Central Winds Park. Several Announcements Will Be Made Throughout The Celebration Over The Intercom By The Boy Scouts Requesting Participation In The Donation Drive. A Minimum Of Two Boy Scouts And A Leader Will Be Stationed At Each Stand Soliciting Donations From Passersby. RECOMMENDATION: Approve The 2010 Boy Scout Agreement As Presented That Will Allow The City Of Winter Springs To Enter Into A Contractual Agreement With Boy Scout Troop 196 To Solicit Donation At The Annual 4 Of July Celebration. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 5 OF 26 CONSENT 203. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The June 14, 2010 City Commission Regular Meeting Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: These Minutes Have Been Distributed To The Mayor And City Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The June 14, 2010 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor Presentation Of A Certificate Of Recognition To Winter Springs Babe Ruth In Honor Of Their Contributions As A Valued Youth Sports Partner. Mayor Bush presented Mayor a Certificate of Recognition to the Winter Springs Babe Ruth organization for their many contributions to the City. Discussion. AWARDS AND PRESENTATIONS 301. Office Of The City Manager Presentation Of Resolution Number 2010 -35 Recognizing David Alamina For His 22 Years Of Dedicated Service As An Employee Of The City Of Winter Springs And Expressing Our Appreciation On Behalf Of The Citizens Of The City Of Winter Springs. Mayor Bush presented Resolution Number 2010 -35 to Mr. David Alamina for his dedicated service to the City of Winter Springs. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 28, 2010 PAGE 6 OF 26 Mr. David Alamina, Building Official, Community Development Department addressed the City Commission and the City Manager. AWARDS AND PRESENTATIONS 302. Police Department Requesting The Mayor And City Commission Receive A Presentation From The Police Department On The Status Of The Volunteers In Police Services Program. Chief of Police Kevin Brunelle, Police Department and Captain Kevin Presley, Police Department advised the City Commission about the Citizens on Patrol (COP's) program. Mr. Bob Henderson, Mr. Paul Krebs, and Mr. Jim Pitts were introduced as participants in the Citizens on Patrol (COP's) program. Commissioner Gary Bonner stated, "Congratulations Chief." Mayor Bush noted, "Thanks Chief." Commissioner Joanne M. Krebs added, "Thank you very much." AWARDS AND PRESENTATIONS 303. Office Of The Mayor And The City Commission Presentation Of A Certificate Of Recognition To The Winter Springs All Star 8U A Team, "Wild Boyz" — (Baseball) In The Winter Springs Babe Ruth, Rookie Division. This Agenda Item was not heard at this point in the Meeting. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire Related to Consent Agenda Item "202 ", City Attorney Anthony A. Garganese remarked, "I wanted to advise you that the contracting party name changed — rather than the Boy Scouts, it will be the Winter Springs Post 5405, Veterans of Foreign Wars, a Florida Not For Profit Corporation within which the Boy Scouts operate under." With further comments, Attorney Garganese added, "It doesn't change the intent of the Agreement." Related to the Contract negotiations with American Traffic Solutions, LLC (ATS), Attorney Garganese said that he would discuss the status of negotiations during Public Hearings Agenda Item "500 ". Next, Attorney Garganese noted that an additional Attorney- Client Session might be needed sometime in July and said, "We're still working on that other Settlement and we may have something next month." Attorney Garganese then said to the City Commission, "You will be seeing that Volunteer Policy coming to you, likely the first Meeting in July." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 7 OF 26 Mayor Bush asked about the status of the Annexation Agreement with Seminole County. Attorney Garganese mentioned Resolutions that he had prepared and had sent to Seminole County. City Manager Kevin L. Smith added, "My understanding is that they are still reviewing the details of what I would consider a well laid out Agreement from Anthony (Garganese), and we're awaiting word back from them. We'll advise the Commission at that time." REPORTS 401. Office Of The City Manager — Kevin L. Smith Manager Smith noted that the proposed Fiscal Year 2011 Budget will be transmitted to the City Commission this evening. Secondly, Manager Smith also mentioned to those in attendance about the July 19 2010 Town Hall Meeting, and welcomed all to attend. Manager Smith then commented on his schedule. Mayor Bush asked if the Budget will be on the City's Website? Manager Smith added that Staff was working on this and noted, "It will be available on the Website tomorrow." REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC Related to the recently cancelled Oviedo - Winter Springs Joint Meeting, City Clerk Andrea Lorenzo - Luaces asked the City Commission if they wanted to suggest some dates. Discussion followed that a Wednesday might be best. Commissioner Sally McGinnis suggested that since Oviedo is hosting, that they provide suggested dates. Mayor Bush then said to City Clerk Lorenzo - Luaces, "So, you will let the Clerk know Andrea - they need to give us some dates." City Clerk Lorenzo - Luaces responded, "Okay, thank you." REPORTS 403. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs commented, "I wanted to thank the Clerk's Department for doing such a great job in putting together the Appreciation Dinner that we had last Friday night. It was really, really nice. So, thank you." Much discussion followed on Appointments and Alternates on the Code Enforcement Board and whether Alternates were needed anymore. Captain Glenn Tolleson, Police Department addressed the City Commission on this matter. "MOTION TO ELIMINATE THE ALTERNATES." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 8 OF 26 VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REPORTS 404. Office Of The Mayor — The Honorable John F. Bush Mayor Bush stated, "Thank you Andrea (Lorenzo - Luaces) for the hard work you and your Staff did for the Appreciation Banquet. It went very well and you always do a great job." Mayor Bush read a letter from Chairman Bob Dallari with the Seminole County Board of County Commissioners related to Jetta Point. REPORTS 405. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Jean Hovey remarked, "I too would like to thank Andrea (Lorenzo - Luaces) and the Clerk's Office" for the Advisory Board and Committee Appreciation Dinner. Next, Commissioner Hovey complimented Manager Smith on the patriotic Banners. Lastly, Commissioner Hovey asked about the status of the proposed Ordinance for Electronic Signs. Attorney Garganese stated, "That is in Randy's (Stevenson, Director, Community Development Department) court." Manager Smith noted that he would assist with this. REPORTS 406. Office Of Commissioner Seat Two/Deputy Mayor — The Honorable Rick Brown Deputy Mayor Rick Brown said, "Great job Andrea (Lorenzo - Luaces). Wonderful Event Friday." REPORTS 407. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Bonner remarked, "Wonderful Event for celebrating our citizen's for their volunteering — thank you." Further brief discussion followed about the Code Enforcement Board. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JUNE 28, 2010 PAGE 9 OF 26 REPORTS 408. Office Of Commissioner Seat Four— The Honorable Sally McGinnis Commissioner McGinnis commented on the Advisory Board and Committee Appreciation Event and spoke about expanding our Volunteer base. ❖ ❖ AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. • • AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 303. Office Of The Mayor And The City Commission Presentation Of A Certificate Of Recognition To The Winter Springs All Star 8U A Team, "Wild Boyz" — (Baseball) In The Winter Springs Babe Ruth, Rookie Division. Mayor Bush presented Mayor a Certificate of Recognition to the Winter Springs All Star 8U A Team, "Wild Boyz" — (Baseball) who play in the Winter Springs Babe Ruth, Rookie Division. Discussion. Tape 1 /Side B PUBLIC INPUT Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: thanked the City Commission and the Seminole County Commission for listening to the citizens and working together. Ms. Janet Altenhoff, 104 Redtail Place, Winter Springs, Florida: also thanked the City Commission and Seminole County Commission for their decision; asked about the land swap, negotiations, and upcoming meetings; mentioned that she hoped this was not a stall until after the Elections; and suggested a low density Office Park be considered as a replacement project. Mayor Bush explained to those in attendance that the land swap would be handled by Seminole County and suggested that residents keep track of Seminole County Commission Agendas for further information and actions. Mr. Jim Bradley, 132 Redtail Place, Winter Springs, Florida: thanked the City Commission. Mr. James Hansberger, 111 Cherry Creek Circle, Winter Springs, Florida.: said that common sense worked for the proposed Jetta Point Park project and hoped it would be the same for the proposed Town Parke Apartments project; asked if anyone in attendance was in favor of the Atlantic Housing project; and noted there was opposition to this planned project. Ms. Sarita Forbes, 302 Heatherwood Court, Winter Springs, Florida: commented on the proposed Town Parke Apartments project; that she did not think that Workforce Housing was needed in Winter Springs; then spoke about property values and the Trail; asked the City Commission to reconsider the planned Town Parke Apartments project; and suggested the City Commission attend the Reserve at Tuscawilla Homeowner's Association meeting scheduled to be held in July. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 10 OF 26 With further comments, Ms. Forbes noted the Homeowner's Association meeting would be held on July 13 and would begin at seven o'clock in the evening. Mr. Wayne Nelson, 106 Shell Flower Cove, Winter Springs, Florida: commented on low income housing; and complimented Chief Brunelle and Detective Valerie Mendelson, Police Department for their assistance with helping his granddaughters learn about safety. Mayor Bush then said, "Several people who filled out papers, did not wish to address the Commission: Rose Jenson, she was opposed to Jetta Point; Tracy and Ruby Norris, also opposed - and Carol Koza also on Jetta Point; Connie Hicks, Doris Norris, Florence Kramer, and Inge Clay." Mayor Bush further commented on Seminole County's interest in a land swap. Commissioner Bonner asked Manager Smith if any information on land swaps or property transactions could be added to the City's Website. Manager Smith responded, "I have already contacted the County Manager — I have asked him to keep me in the loop on these transactions. I trust that they will do so and any information I have I will transmit it to this Commission and post it on our Website." Commissioner Bonner also suggested that such information be sent out via our distribution list. Further comments followed on an email distribution list which sends out information to the public including the Presidents of Homeowner's Associations. Discussion followed with a member of the audience who mentioned she did not get the recent email. Mayor Bush suggested, "Why don't you send one out tomorrow Kevin (Smith)." Mayor Bush suggested that if the resident does not get the email, to then contact the City Manager. Mr. Jay C. Clay, 144 Peregrine Court, Winter Springs, Florida: spoke about the suggested land swap. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Attorney REQUEST: Requests That The City Commission Adopt On Second Reading Ordinance No. (Number) 2010 -13, Which Implements The Provisions Of The Mark Wandall Safety Act (2010) Regarding The Enforcement Of Red Light Traffic Infraction Detectors. FISCAL IMPACT: The Precise Fiscal Impact Is Yet To Be Determined. It Is Likely The City Will Receive Less Revenue For Every Violation Because Of The New State Revenue Sharing Requirement Under The Act. Moreover, Contract Changes With ATS (American Traffic Solutions), Who Currently Receives $40.00 Of Every Violation Collected By The City, Will Need To Be Renegotiated To Factor In The Changes Of Law. COMMUNICATION EFFORTS: RECOMMENDATION: The City Attorney Recommends That The City Commission Adopt Ordinance 2010 -13 On Second Reading. Attorney Garganese read the Ordinance by "Title" only. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -.TUNE 28, 2010 PAGE 11 OF 26 Commissioner Bonner asked about problems with the collection of Fees at Seminole County's Clerk of the Courts Office and inquired, "Are you aware of any of that and does that have any bearing at all on this item ?" Attorney Garganese responded, "That issue is definitely an issue that needs to be resolved. It's not related to the issue on the Ordinance which opts the City into the new State Law for Red Light Camera Infractions." 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 -13)." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Much discussion continued on the ATS (American Traffic Solutions, LLC) Contract issue; collections; Citations; issuance of tickets. Chief Brunelle addressed the City Commission on this matter. Further comments followed on empowering the City Manager to negotiate a short term Contract; safety; the appearance of collecting funds; negotiations; possibly going out to Bid; continuity of service and safety; and Police Department tools. Chief Brunelle further addressed the City Commission and spoke about safety and the ATS (American Traffic Solutions, LLC) Contract. Discussion. "MOTION TO EMPOWER THE MANAGER TO ENTER INTO A SHORT -TERM CONTRACT WITH ATS (AMERICAN TRAFFIC SOLUTIONS, LLC), THROUGH THE COMMISSION MEETING OF AUGUST 9, (2010)." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JUNE 28, 2010 PAGE 12 OF 26 PUBLIC HEARINGS 501. Community Development Department REQUEST: Requests The Commission, In Its Capacity As The Development Review Committee For The Town Center, Hold A Public Hearing To Consider The Special Exception For A Building With At Least A 25,000 SF (Square Foot) Building Footprint And Make A Recommendation To The City Commission. FISCAL IMPACT: The Undeveloped Site Currently Has An Approximately $20,000.00 Tax Bill. Staff Estimates Of 76 Townhomes Averaging 1,200 SF (Square Feet) Each Would Yield Approximately $20,000.00 Additional To The Total Tax Bill From The Site (As Would A Commercial 0.20 Floor Area Ratio). The Applicant States That The School Had A 2009 -2010 Operating Budget Of $3.6 Million, Payroll (And Associated Taxes) For 45 Employees Of $2,000,000.00 Million, Revenue For Procured Services Of $1.6 Million, Finished Its 2009 -2010 Year At Least $450,000.00 In The Black, $1,350,000.00 In The Bank (On 04/30/10), And No Debt. They Project An Operating Budget Of $5.1 Million, A Payroll For 60 (Sixty) Employees (15 [Fifteen] New Jobs) Of $2.46 Million, And Debt Payment On The New Facility Of $700,000.00. Planning Literature States, As A General Rule, That A Small High Quality Elementary School Boosts Residential Property Values At The Neighborhood And Often Community Level. COMMUNICATION EFFORTS: A Substantial And Conspicuous Sign Has Been Erected At The Site To Notice The Public Hearing And Property Owners Within 150 Feet Of The Site Have Been Notified By Mail In Addition To The Postings By The City Clerk's Office. RECOMMENDATION: Staff Recommends That The City Commission, In Its Capacity As The Town Center DRC (Development Review Committee), Recommend Approval Of The Special Exception For A Building With Footprint Larger Than 20,000 Square Feet (SF), Subject To The Applicant Closing On The Site And Executing A Binding Development Agreement With The City. Tape 2 /Side A Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item and spoke about cooperation. Mr. Matt Breen, President, Breen Construction Services, 205 West State Road 434, Suite D, Winter Springs, Florida: reviewed a PowerPoint presentation with the City Commission. With further comments, Mr. Breen noted, "Joint Use opportunities. John has done an excellent job of already setting up discussions with Chuck Pula for the Parks and Recreation overflow events. The proximity will service the Parks and Recreation area very, very well. When we're not utilizing our parking, we would certainly welcome the opportunity for you to utilize the parking space during the 4 of July for instance or the Highland Games or whatever major event that might be going on. These are things that we would like to work out with you. The potential for conference space, potential activity space as well and we're also dedicating a certain amount of— our site to green space which we'd like to share with you." Discussion. Mr. Aranya Mom, Architect, Burk Hogue Mills, Inc., 1130 Business Center Drive, Lake Mary, Florida: also reviewed a PowerPoint presentation on this project. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JUNE 28, 2010 PAGE 13 OF 26 Discussion. Commissioner Hovey asked about the reference to this being a "Neighborhood school" and then inquired, "How many students do you have now and what is the size of your building, and what is the plan for the new building — the students ?" Discussion followed with Mr. Breen. Furthermore, Commissioner Hovey asked about a Traffic Study and mentioned issues with other schools and would other schools impact this school. Mr. Breen noted, "The Traffic Study will be conducted in the next Phase, after the Concept Review." With discussion, Mr. Breen added, "We haven't done the Traffic Study yet. That's the next stage after the Concept is approved. You get to look at the Engineering again, at that point in time. We don't believe that it is going to be an impact." Commissioner Hovey remarked, "I really want us to address that before anything is done." Discussion followed on the focus of Charter Schools. Commissioner Krebs commented on the number of students from Winter Springs who might attend this school; and whether the utility building was possibly going to be relocated. Tape 2 /Side B Commissioner Bonner remarked about tree canopy and said, "I for one look forward to hearing in the future about how you are planning to mitigate that impact and help us to maintain our tree canopy." Additionally, Commissioner Bonner suggested, "It is going to take a really special terminating vista civic building to make it work, so I am very anxious and looking forward to the day when you are ready to share." Further, Commissioner Bonner noted, "I know this is all conceptual. I for one am going to look forward to you showing me that, with views from the east, views from the west, views from the rear." Commissioner Bonner then suggested, "I need to see it in context — context to what it will look like from a distance, up close, while I am driving by it at 45 mph (miles per hour) which is the speed limit in that area and - how I am enjoying it while I am at the Park." Commissioner Bonner added, "I look forward to seeing that." Commissioner McGinnis inquired, "How many of your students walk to your school now ?" Mr. Breen responded, "I don't have that answer for you. I can research it." With further comments, Mr. Breen noted, "I don't have the exact number for you but I could find that out and have that information forwarded to you through John (Baker). Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Barbara Crosswell, 472 Tradition Lane, Winter Springs, Florida: asked if this was a school for Special Education students; and noted her concern with Special Education students walking to /from school. Mr. George McKenzie, President, Board of the Directors for Choices in Learning: noted that this was a mainstream school and spoke of some of the merits and features of this school. Mayor Bush closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 14 OF 26 With further comments, Commissioner Hovey remarked, "I would hope by the next time that we see this group, that we could have a percentage of the students that walk and ride from the current school." Further discussion. "I WILL MOVE THAT WE APPROVE THE SPECIAL EXCEPTION WITH THE STIPULATIONS IDENTIFIED BY STAFF WHICH WOULD DEPEND ON THE DEVELOPMENT AGREEMENT." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. RELATED TO THE SPECIAL EXCEPTION, ATTORNEY GARGANESE EXPLAINED, "THE WAY THIS AGENDA ITEM IS STRUCTURED, IT IS GOING TO BE CONTINGENT UPON A DEVELOPMENT AGREEMENT BEING APPROVED. THE DEVELOPMENT AGREEMENT PROCESS WILL CONSTITUTE THE SECOND PUBLIC HEARING PROCESS UNDER THE TOWN CENTER CODE WHICH IS NECESSARY TO GRANT THE SPECIAL EXCEPTION." COMMISSIONER BONNER ADDED, "SO, WE ARE NOT CREATING A PERMANENT EXCEPTION FOR THIS TRACT." ATTORNEY GARGANESE STATED, "NO." VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. • • AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM "606" WAS DISCUSSED NEXT, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. . :.. :. REGULAR AGENDA REGULAR 606. Community Development Department REQUEST: Requests The Commission Consider The Request To Grant Concept Approval Of A Proposed 50,000 Square Foot (SF) 2 -Story Charter School On An 8.7 Acre Crescent Shaped Site Within The Town Center, Subject To Conditions. FISCAL IMPACT: Development Of The Site As A School Would Remove The Property From The Tax Rolls. The Urban Land Institute Notes That Neighborhood Schools Are A Primary Consideration For Many Home Buyers And Are Often A Significant Factor In Residential Development Demand And Sales Price. If Parents Patronize Local Merchants, While Waiting For Their Children, And The School Incorporates Local Dance, Martial Arts, Or Music Classes, These Could Be An Additional Significant Positive Effect On The Local Economy. Please See The Attachment, Which Addresses The History And Economics Of The School. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 15 OF 26 The Potential Tax Revenue For The Property Has Been Accessed For Both A Residential As Well As A Commercial Development Scenario. Since The Property, If Used As A Charter School, Would Be Removed From The Tax Rolls, The City Commission Needs To Be Aware Of The Potential For Lost Tax Revenue When Considering Designation Of The Property As A Civic Site And When Entertaining Any Statements From The Applicant Relative To Ancillary Revenues As A Result Of The Location Of The School. Tax Revenue Scenarios Are As Follows: • The Undeveloped Property Currently Pays $20, 643.00 In Property Taxes. • Townhomes (76 (Seventy -Sixl Units), As Proposed In A 2006 Design Submittal Units (1,200 Square Feet) — Assessed At $90.00 /Square Foot: $8,208,000.00 $8,208,000.00/1000 = 8208 8,208 (2.5814) = $21,188.13 $21,188.13 (Less The 4% Statutory Discount) = $20,340.61 Tax Revenue • Commercial (Floor Area Ratio Of 20 %) 8.7 Acres (43,560 Square Feet) = 378,972 Square Feet FAR (Floor Area Ratio) Of 20% = 75,794 Square Feet Of Commercial Development 75,794 Square Feet Assessed At $105.00 /Square Foot = $7,958,412.00 $7,958,412.00/1000 = 7,958.41 7,958.41 (2.5814) - $20,543.84 $20,543.84 (Less The 4% Statutory Discount) = $19,722.09 Tax Revenue The Tax Revenue Estimates For The Residential And The Commercial Scenarios Would Be Added To The Tax Revenue For The Vacant Property, Thereby Generating Tax Revenues Of $40,983.61 For The Residential Scenario And $40,365.09 For The Commercial Scenario. COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The Commission Agenda Are Necessary In Conjunction With This Agenda Item. A Sign At The Site And Mailing To Abutting Property Owners Was Provided For The Public Hearing For The Associated Special Exception. RECOMMENDATION: Staff Recommends That The City Commission Approve The Concept Plan, Subject To (1) Special Exception Approval And Any Associated Conditions, (2) The Applicant And Staff Working Out The Issues Outlined Above, During Site Plan And Aesthetic Review And (3) Approval Of A Development Agreement. Mr. Baker addressed this Agenda Item with the City Commission. Discussion ensued on economic impact; and neighborhood schools. Further comments followed with Mr. Chuck Pula, Director, Parks and Recreation Department regarding sharing of City Park facilities and school facilities. "I WILL MOVE THAT WE APPROVE THE CONCEPT PLAN SUBJECT TO ALL THE CONDITIONS IDENTIFIED BY STAFF." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 16 OF 26 VOTE: COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: NAY COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mayor Bush suggested, "From Commissioner Bonner's question to Chuck (Pula) that we might want to put that into the Development Plan about what we can get, so we don't get shut out." Commissioner McGinnis added, "It will be." No objections were noted. REGULAR 600. Office Of The City Attorney REQUEST: Requests That The City Commission Approve Resolution No. (Number) 2010 -34, Establishing A City Dog Park Banner Program To Help Fund The Operation And Maintenance Of The City Of Winter Springs Hound Ground Dog Park. FISCAL IMPACT: The Precise Fiscal Impact Is Yet To Be Determined. It Is Intended That The City Will Receive Increased Revenues To Help Offset The Cost Of Operating And Maintaining The City Dog Park. COMMUNICATION EFFORTS: RECOMMENDATION: The City Attorney Recommends That The City Commission Approve Resolution 2010 -34, Establishing A City Dog Park Banner Program. Attorney Garganese spoke first on this Agenda Item and remarked, "Section 3. at the beginning would be reworded to State, Corporate, or Patron sponsors of the Dog Park may apply to the City to install one (1) Banner on the Dog Park fence and then a (or two [2] identical Banners to be installed back to back at the same location, on both sides of the Dog Park fence)." Discussion. "MOTION TO APPROVE (INCLUDING RESOLUTION 2010 -34)." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -.TUNE 28, 2010 PAGE 17 OF 26 REGULAR 601. Office Of The City Manger REQUEST: Requesting The Commission To Set A Workshop Date To Discuss The City Manager's Annual Performance Evaluation For The Evaluation Period Ending May 25, 2010. FISCAL IMPACT: Due To Budget Constraints, City Employees Were Not Given Merit Increases And No Funds Are Allocated For This Purpose In FY (Fiscal Year) 2010. COMMUNICATION EFFORTS: No Additional Communication Efforts Are Needed At This Time. RECOMMENDATION: The City Manager Recommends That The City Commission Set A Workshop Date For Purposes Of A Collective Discussion Of The Individual Results Of Each Commissioner/Mayor's Execution Of The New City Manager Performance Evaluation Form, For The Evaluation Period Ended May 25, 2010. Discussion ensued on possible dates for a Workshop, Mayor Bush stated, "I would like to see it come later than July because I am going to be gone most of the month of July." Further comments followed about whether a delay might impact the City Manager. Manager Smith commented on previous situations related to when Reviews were due to the City Commission and stated, "I wanted to be timely." Regarding scheduling and with consideration of the Elected Officials' absences, Commissioner Bonner suggested, "I would say as early in August as possible." Deputy Mayor Brown recommended, "Monday the 2° Mayor Bush then said, "I am not back in town until the 8 (Of August 2010)." Deputy Mayor Brown recommended, "Monday the 16 (Of August)." Mayor Bush said, "Fine." Commissioner Hovey added, "The 16 (Of August) might work because then if we had any last minute stuff for the Florida League of Cities." No objections were voiced. Commissioner Krebs suggested starting the Workshop at 7:00 p.m. Mayor Bush asked, "Is seven o'clock okay with everybody ?" Commissioner Bonner stated, "I am good with that." There were no objections noted. Mayor Bush summarized, "August "16 at 7:00 p.m." REGULAR 602. Office Of The City Manager, Finance And Administrative Services Department And Information Services Department REQUEST: Requests The City Commission Consider The Expansion Of Master Card And Visa For Development Service And Utility Billing As An Acceptable Payment Method For City Services. The City Manager And City Attorney Request Authorization To Prepare And Execute Any And All Applicable Documents. FISCAL IMPACT: Option 1 - City Passes The Customer Convenience Fee ($2.70) Onto The Public Both For Development Services And Utility Billing. There Would Be No Cost For Equipment Or Transaction Fees To The City. Option 2 - City Absorbs The Convenience Fees For Both Development Services And Utility Billing. The Total Cost For Year One Would Be Approximately $675.00 (450 Transactions @ $1.50) For Development Services And $27,000.00 (18,000 Transactions @1.50) For Utility Billing. Option 3 - Absorb The Fee For Development Services And Charge A Convenience Fee For Utility Billing Customers. Total Cost In The First Year Would Be Only $675.00 For Development Service Customers. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JUNE 28, 2010 PAGE 18 OF 26 COMMUNICATION EFFORTS: Master Card And Visa Stickers Would Be Placed On The Doors Of City Hall Along With Counter Top Advertising Tents. The City Would Advertise On Its Website The Ability To Pay With Master Card And Visa. The New Payment Method Will Be Advertised On The City Hall Sign. RECOMMENDATION: City Manager And Finance Department Recommend The Commission Consider Option 1 For A Period Of 12 -18 Months At Which Time A Full Cost Benefit Analysis Can Be Performed On Data Collected. This Analysis Will Steer Any Price Structure Changes. Mr. Shawn Boyle, Director, Finance and Administrative Services Department began the discussion on this Agenda Item. Mr. Joe Alcala, IT Coordinator /Security Administrator, Information Services Department addressed the City Commission on some of the specifics of this project. Tape 3 /Side A Discussion followed on whether auto drafts could be used; third party costs; and using credit cards for payments with no fees. Deputy Mayor Brown asked, "Can we eliminate the need for customers to come all the way into City Hall to get a pin number to then having the convenience of paying online in the first place ?" Mr. Boyle responded, "We are — I know I.S. (Information Services Department) right now is working on e- Commerce websites where people wouldn't have to come in anymore." Commissioner Bonner asked if we were considering forming partnerships with collection merchants. Manager Smith stated, "Absolutely." Attorney Garganese stated, "There is an exception in Florida Law for local governments, as well as State governments. They can impose a surcharge to recover the costs. If the Commission ultimately want to reconsider imposing the Surcharge and absorb it, then the City Commission will have to make a Finding that absorbing it serves a public purpose, because the City in essence would be paying for that surcharge; so the track record may be important for determining what that public purpose is or how you are going to consider it." "I WILL MAKE A MOTION TO GO WITH — `Option 1'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. MAYOR BUSH ADDED, MOTION THAT "WE APPROVE `Option 1' AS PRESENTED, FOR THE PERIOD OF TWELVE - EIGHTEEN (12 - 18) MONTHS." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 19 OF 26 REGULAR 603. Not Used. REGULAR 604. Office Of The City Clerk REQUEST: Requests That Members Of The City Commission (Depending On The Applicable Advisory Boards And Committees) Make Appointments/Reappointments Related To The Terms Of Office Which Will Be Expiring In July 2010 — Specifically Regarding Members Of The Beautification Of Winter Springs Board; The Code Enforcement Board; The Planning And Zoning Board/Local Planning Agency; The Tuscawilla Lighting And Beautification District Advisory Committee; And The Terms Of Office Which Will Be Expiring In August 2010 For The Oak Forest Wall And Beautification District Advisory Committee. FISCAL IMPACT: There Is No Fiscal Impact To This Agenda Item. Additionally, As A Courtesy Reminder, With The Adoption Of Ordinance 2010 -14, Twenty -Five Dollar ($25.00) Payments To Board Members Have Been Repealed. COMMUNICATION EFFORTS: The Board And Committee Members Referenced In This Agenda Item Have Been Notified. Additionally, Copies And /Or Access To This Agenda Item Have Been Provided To The Mayor And City Commission, City Manager, City Attorney, Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Is Available On The City's Website, Laserfiche, And The City's Server. RECOMMENDATION: Members Of The City Commission Are Requested To Make Their Respective Appointments/Reappointments Regarding The Board And Committee Members That Are Noted In This Agenda Item - With Consideration That Board And Committee Members Will Be Needed For Quorums For Meetings In July And Onwards. Individuals Being Appointed Would Begin No Earlier Than Mid -July 2010, Depending On The Board Or Committee. The City Commission Is Respectfully Requested To Make Individual Motions For Each Seat, On Each Board /Committee. *With The Passage Of Ordinance 2010 -14, The Beautification Of Winter Springs Board Has Gone To A Five (5) Member Board. As Noted In This Agenda Item, Two (2) Of The Current Seven (7) Members Are Not Asking To Be Reappointed. The City Commission May Wish To Move The Two (2) "Mayoral Appointments" To Seat Three And Seat Five Respectively. Members Of The City Commission Are Respectfully Requested To Make Appointments/Reappointments To The Code Enforcement Board With Consideration Of Current Alternate(s). Please Note The Following Names And Respective Seats Are Just Noted As The Individual Currently Appointed To The Following: CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 20 OF 26 Appointments To Be Made By Commissioner Jean Hovey: • Seat Currently Held By Lorry Roero — Beautification Of Winter Springs Board • Seat Currently Held By Gregory Roero — Code Enforcement Board [Pursuant To Ordinance 2010- 10, Mr. Roero Has Reached Permitted Term Limits] • Seat Currently Held By Mary Brook — Tuscawilla Lighting And Beautification District Advisory Committee Appointments To Be Made By Deputy Mayor Rick Brown: • Seat Currently Held By Jim Pitts — Code Enforcement Board • Seat Currently Held By Brian Oliver — Oak Forest Wall And Beautification District Advisory Committee • Replacement Appointment For Robert Heatwole Who Is NOT Asking To Reappointed — Planning And Zoning Board/Local Planning Agency Appointments To Be Made By Commissioner Gary Bonner: • Replacement Appointment For Kathryn Fairchild Who Is NOT Asking To Reappointed — Beautification Of Winter Springs Board* • Vacant Seat — Oak Forest Wall And Beautification District Advisory Committee • Seat Currently Held By Luci Coker — Tuscawilla Lighting And Beautification District Advisory Committee Appointments To Be Made By Commissioner Sally McGinnis: • Seat Currently Held By Raquel Santana — Oak Forest Wall And Beautification District Advisory Committee • Seat Currently Held By Bill Poe — Planning And Zoning Board/Local Planning Agency Appointments To Be Made By Commissioner Joanne M. Krebs: • Replacement Appointment For Cara Lynn Roesner Who Is NOT Asking To Reappointed — Beautification Of Winter Springs Board* • Seat Currently Held By Laura -Leigh Wood — Code Enforcement Board Seat Currently Held By Donald Gilmore — Tuscawilla Lighting And Beautification District Advisory Committee "FOR THE CODE (ENFORCEMENT) BOARD, I WOULD LIKE TO REAPPOINT JIM PITTS." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. COMMISSIONER KREBS ASKED ABOUT "COP'S" (CITIZENS ON PATROL) SERVING ON THE CODE (ENFORCEMENT) BOARD AND ASKED IF IT WOULD BE A CONFLICT? ATTORNEY GARGANESE STATED, "POTENTIALLY, IF THE `COP'S' (CITIZENS ON PATROL) PROGRAM FALLS INTO SOME SORT OF CODE ENFORCEMENT TYPE OF ACTIVITY AND DUTY, THEN THEY CAN'T SERVE AS HELPING THE PROSECUTION OF A CODE CASE." DISCUSSION FOLLOWED WITH CHIEF BRUNELLE. ATTORNEY GARGANESE ADDED, "IF YOU'RE GOING TO ASSIGN GENERAL DUTIES TO THE `COP'S' (CITIZENS ON PATROL) TO BE INVOLVED IN CODE ENFORCEMENT, THEN I WOULD RECOMMEND TO THE COMMISSION NOT TO APPOINT ANY `COP'S' (CITIZENS ON PATROL) TO THE CODE ENFORCEMENT BOARD, JUST TO AVOID THE APPEARANCE OF A CONFLICT." DEPUTY MAYOR BROWN STATED, "I WILL WITHDRAW MY MOTION ON THAT." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -.TUNE 28, 2010 PAGE 21 OF 26 "BRIAN OLIVER" - NOMINATED TO CONTINUE SERVING ON THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. "BART PHILLIPS" - NOMINATED TO SERVE ON THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY. MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Deputy Mayor Brown added, "I will be prepared with my Code Enforcement (Board) nomination, next Meeting." "LORRY ROERO" - NOMINATED TO CONTINUE SERVING ON THE BEAUTIFICATION OF WINTER SPRINGS BOARD." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. "GARY BROOK" - NOMINATED TO SERVE ON THE CODE ENFORCEMENT BOARD." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. IT WAS NOTED THAT MR. BROOK WAS BEING NOMINATED TO REPLACE THE SEAT HELD BY MR. GREGORY ROERO. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 22 OF 26 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. "MARY BROOK" - NOMINATED TO CONTINUE SERVING ON THE TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. "RAQUEL SANTANA" - NOMINATED TO CONTINUE SERVING ON THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. "BILL POE" - NOMINATED TO CONTINUE SERVING ON THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 23 OF 26 "LAURA LEIGH (WOOD)" - NOMINATED TO CONTINUE SERVING ON THE CODE ENFORCEMENT BOARD. MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. "DONALD GILMORE" - NOMINATED TO CONTINUE SERVING ON THE TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MCGINNIS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: NAY DEPUTY MAYOR BROWN: AYE MOTION CARRIED. "LARRY CHMURA" - NOMINATED TO MOVE FROM A BEAUTIFICATION OF WINTER SPRINGS BOARD MAYORAL APPOINTMENT TO SERVE ON THE BEAUTIFICATION OF WINTER SPRINGS BOARD AS THE NEW SEAT FIVE REPRESENTATIVE. MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. "JOAN'S' MATTIE" - NOMINATED TO MOVE FROM A BEAUTIFICATION OF WINTER SPRINGS BOARD MAYORAL APPOINTMENT TO SERVE ON THE BEAUTIFICATION OF WINTER SPRINGS BOARD AS THE NEW SEAT THREE REPRESENTATIVE. MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 24 OF 26 REGULAR 605. Office Of The City Manager REQUEST: Requesting That The City Commission Agree That The City Commission Designates That Mayor John F. Bush Is Our "Voting Delegate" (And Deputy Mayor Rick Brown Would Be Alternate), To Represent The City Of Winter Springs At The Upcoming Florida League Of Cities Annual Conference; And Is Asking If The City Commission Has Any Issues (Commemorative, Constitutional, Or Federal) They Wish To Be Brought Forward To The Florida League Of Cities In The Form Of A Resolution. FISCAL IMPACT: There Is No Fiscal Impact To This Agenda Item, As Presented. COMMUNICATION EFFORTS: Copies And /Or Access To This Agenda Item Have Been Provided To The Mayor And City Commission, City Attorney, Department Directors; Placed In Press Packets; Placed In The Lobby Binder; Is Available On The City's Website, Laserfiche, And The City's Server; And Through All Other Actions Completed Via The City Clerk's Posting Procedure RECOMMENDATION: It Is Recommended That The City Commission Confirm That Mayor John F. Bush Would Be The City Of Winter Springs' "Voting Delegate" (And Deputy Mayor Rick Brown Would Be Alternate), At The 84 Florida League Of Cities Annual Conference, Being Held This August 19 -21, 2010 In Hollywood, Florida; And Agree That The City Manager Or The City Clerk May Complete The Required Documentation (As Shown In This Agenda Item) And Submit It. It Is Also Recommended That The City Commission Address Any Issues (Commemorative, Constitutional, Or Federal) They Would Like Considered In A Possible Resolution To Be Forwarded To The Florida League Of Cities; And If So, To Direct Staff To Prepare A Resolution And Forward To The Florida League Of Cities, With A Copy To The Mayor And City Commission. "SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. In other City business, Commissioner Krebs referenced Resolution 2009 -10 and commented on Public Input at City Commission Workshops. Discussion. "I WOULD LIKE TO MAKE A MOTION THAT AT THE BEGINNING OF EVERY MEETING, WHETHER A WORKSHOP OR OFFICIAL CITY MEETING, THAT ANY CITIZENS THAT ARRIVE THAT WOULD LIKE TO ADDRESS THE COMMISSION ON ANY SUBJECT BE ALLOWED TO DO SO." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. FURTHER COMMENTS ENSUED ON WHEN "PUBLIC INPUT" SHOULD BE HELD. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2010 PAGE 25 OF 26 Commissioner Bonner commented, "Point of Order" and referenced the Motion on the floor. ATTORNEY GARGANESE NOTED, "I TAKE IT FROM THE COMMISSION THAT YOU WANT TO AMEND THE POLICY TO ALLOW `PUBLIC INPUT' DURING ALL MEETINGS OF THE COMMISSION, NOT JUST REGULAR MEETINGS..." DEPUTY MAYOR BROWN STATED, "...YES." ATTORNEY GARGANESE CONTINUED, "THAT WILL REQUIRE THE COMMISSION TO ADOPT A RESOLUTION AND WE WILL GO AHEAD AND TAKE YOUR COMMENTS, PREPARE THAT RESOLUTION, PUT IT ON AN AGENDA, AND THEN YOU WILL FORMALLY APPROVE IT." DEPUTY MAYOR BROWN STATED, "I WILL WITHDRAW THE MOTION." "I WOULD LIKE TO MAKE A MOTION THAT WE ADD `PUBLIC INPUT' AT THE BEGINNING OF ANCILLARY MEETINGS OF THE COMMISSION SUCH AS WORKSHOPS OR SPECIAL MEETINGS TO INCLUDE AN OPEN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE COMMISSION ON ISSUES THAT ARE IMPORTANT TO THEM, NOTWITHSTANDING THE EXISTING `PUBLIC INPUT' PERIOD THAT OCCURS DURING REGULAR CITY COMMISSION MEETINGS." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Manager Smith said, "If it pleases the Commission we'll bring that back in the form of a Resolution to memorialize further." Commissioner Bonner commented on Regular Agenda Item "601" and said to Manager Smith, "There were a number of discussion items, in particular the ones that I brought forward that I feel I laid out some clear expectation of what I am expecting to see the next time they come before this Commission with any updates or progress on that plan. So, when you meet - at least on my behalf, when you meet with that Applicant, I would like you to reiterate that I really do, from my perspective, I don't want them to waste their time to come before us again until they are ready to provide that additional amount of specificity." Manager Smith stated, "Understood." Mayor Bush noted, "They have to follow the procedures." Manager Smith added, "All of the things that were brought up will be addressed at that time; but as we go over the Minutes of this Meeting, we will ensure that those are addressed." With further comments, Commissioner Bonner noted, "I don't want them to show up unprepared to address all the details we provided them tonight, of expectations." Manager Smith said to Commissioner Bonner, "I think you are just asking if those items that you brought up would be considered in the normal scope of the process, and yes they would." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JUNE 28, 2010 PAGE 26 OF 26 ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:53 p.m. RESPECTFULLY SUBMITTED: 1 L A i ' NZO- LUACES, MMC f ∎ LERK APPROVED: • M -. OR JO F: B USH NOTE: These Minutes were approved at the July 12, 2010 City Commission Regular Meeting.