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HomeMy WebLinkAbout2010 08 23 Consent 202 Approval Of August 9, 2010 Regular Meeting Minutes CITY OF WINTER SPRINGS FLORIDA 40NTEfi, S , c:11-4 U v1 • Incorpor 1959 •4 "L ORIO � • CITY COMMISSION MINUTES REGULAR MEETING MONDAY, AUGUST 9, 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 - AUGUST 9, 2010 PAGE 2 OF 21 CALL TO ORDER The Regular Meeting of Monday, August 9, 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: r Mayor John F. Bush, present :7�• Deputy Mayor Rick Brown, present Q Commissioner Jean Hovey, present i Commissioner Gary Bonner, present CM.; Commissioner Sally McGinnis, absent =1.4 Commissioner Joanne M. Krebs, present. City Manager Kevin L. Smith, present f-- City Attorney Anthony A. Garganese, present .--.. The Pledge of Allegiance followed a moment of silence. 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. This Agenda Item was not discussed. INFORMATIONAL 101. Land Design Innovations, Inc. — City Consultant REQUEST: Presenting The Summary Report For Economic Development Activities From June 19, 2010 Through July 18, 2010. 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2010 PAGE 3 OF 21 RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. There was no discussion on this Agenda Item. ri.W4 INFORMATIONAL 102. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Transmitting The City's Third Quarter Financial Report For The 2010 Fiscal Year. FISCAL IMPACT: N/A COMMUNICATION EFFORTS: Financial Statements Have Been Distributed To Directors, City Manager, Mayor And Commission. RECOMMENDATION: It Is Recommended That The City Commission Receive The Attached Financial Report. No discussion. INFORMATIONAL 103. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Providing The Investment Report For The Third Quarter Of Fiscal Year (FY) 2010 (Ending June 30, 2010) As Prepared By PFM Asset Management LLC. FISCAL IMPACT: The Weighted Average Yield At June 30, 2010 Is 0.67 %. The Weighted Average Yield At March 31, 2010 Was 0.65 %. This Portfolio Has An Average Maturity Of Less Than One Year. COMMUNICATION EFFORTS: The Investment Report Will Be Posted To The Website Within A Week Of Acceptance. RECOMMENDATION: It Is Recommended That The City Commission Receive The Attached Investment Report. This Agenda Item was not discussed. "MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMNIISSIONER BONNER: AYE COIVIlVIISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2010 PAGE 4 OF 21 CONSENT AGENDA CONSENT 200. Police Department ••Z7 REQUEST: Requests The City Commission Approve A Supplemental Appropriation From The Police Special Law Enforcement Federal And Local Funds Not To Exceed $38,000.00 To Purchase Two Vehicles G Using The State Of Florida Contract Quote 071000 -10 -1. The Current Balance In The Police Special Law Enforcement Federal Fund Is $17,895.93 And The Current Balance In Police Special Law Enforcement Local Fund Is $32,678.44. FISCAL IMPACT: The Vehicles Will Be Purchased Through The State Of Florida Contract Quote 071000 -10 -1 Not To Exceed $24,000.00 Per Vehicle Fully Equipped. Funding Is Requested From Police Special Law Enforcement -Local In The Amount Not To Exceed $22,000.00, Currently The Balance Is $32,678.44. Funding Is Requested From Police Special Law Enforcement- Federal In The Amount Not To Exceed $16,000.00, Currently The Balance Is $17,895.93. To Supplement The Difference Use The $10,477.00 Insurance Claims. COMMUNICATION EFFORTS: Post The Agenda Prior To The Meeting At Various Locations Throughout The City. RECOMMENDATION: The City Commission To Approve The Expenditure From Special Law Enforcement Funds Local And From Special Law Enforcement Funds Federal Not To Exceed $38,000.00 For The Purchase Of Two Vehicles With Equipment. There was no discussion on this Agenda Item. CONSENT 201. Police Department REQUEST: Requests The Commission To Authorize The City Manager To Enter Into A Month -To- Month Contract With ATS (American Traffic Solutions) For The Automated Red Light Running Camera Enforcement System. FISCAL IMPACT: The New Flat Fee Services That Would Be Provided By ATS (American Traffic Solution, LLC) Is The Same Fee Offered To All Of Their Current Clients In The State Of Florida. Fees Are Based On Per Camera And Are As Follows; Flat Fee Per Camera Per Month Is $4,750.00, Plus Certified Mail Processing Surcharge Of $4.00 Per Piece Metered For Mailing Uniform Traffic Citations (No Return Receipt)_ COMMUNICATION EFFORTS: The City Commissions Regular Agenda Being Advertized Prior To The Meeting At Various Locations Throughout The City. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2010 PAGE 5 OF 21 RECOMMENDATION: Options 1. The City Commission To Approve The City Manager To Execute And Sign The Agreement Authorizing A Short Term Month -To -Month Contract With ATS r (American Traffic Solution, LLC) Not To Extend Beyond October 31, 2010. Continue Dialogue With ATS (American Traffic Solution, LLC) To Either Reach A New Long Term Contract Or Other Options That Are Favorable To The City. 2. Take No Action Until An Acceptable Contract Can Negotiated Between Both Entities Which Would Cause A Temporary Loss Of The Program. 3. End The Services With ATS (American Traffic Solution, LLC) And Issue A New RFP (Request For Proposal) And Go Out To Bid For This Service. The City Commission Is Being Requested To Approve Optionl Listed In This Agenda Item. This Agenda Item was Voted on later in the Meeting, as shown on pages 9 and 16 of these Minutes. CONSENT 202. Finance And Administrative Services Department And Community Development Department REQUEST: Requesting That The City Commission Adopt Resolution No. (Number) 2010 -37, Authorizing The Submittal Of The Certificate To Non -Ad Valorem Assessment Roll, Assessment Summary And FY (Fiscal Year) 2010 -2011 Annual Assessment Roll For Tax Year 2010 Relating To The Oak Forest Wall And Beautification District And The Tuscawilla Lighting And Beautification Assessment Area — Phases I And II To The Seminole County Tax Collector By September 15, 2010. FISCAL IMPACT: The Annual Assessment Service Fees For NBS And Nabors Giblin Are Budgeted Costs In The Following Assessment District Funds: Oak Forest Maintenance Fund - #191 Oak Forest Debt Service Fund - #192 Tuscawilla Maintenance Fund - #184 Tuscawilla Debt Service Fund — Phase 1 #182 Tuscawilla Debt Service Fund — Phase 2 #213 COMMUNICATION EFFORTS: Information Regarding The Tuscawilla Lighting And Beautification District And The Oak Forest Wall And Beautification District Special Assessment Programs, Including Assessment Rates And Live Account Information, Is Available To The Public Via The City's Website At: http : / /www.winterspringsfl.org /en/ web / dept /cd/ub /urbanbeautification.html. This Agenda Item Has 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 Is Available On The City's Website, Laserfiche, And The City's Server. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2010 PAGE 6 OF 21 RECOMMENDATION: It Is Recommended That The City Commission Adopt Resolution No. (Number) 2010 -37 Authorizing The Submission Of The Certificate To Non -Ad Valorem Assessment Roll, Assessment Summary And FY (Fiscal Year) 2010 -2011 Annual Assessment Roll For Tax Year 2010 Relating To The Oak Forest Wall And Beautification District And The Tuscawilla Lighting And Beautification Assessment Area — Phases I And II To The Seminole County Tax Collector By September 15, 2010. �'� '• No discussion. C� 1=6t CONSENT 203. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Requests That The City Commission Consider A Rebalancing Of The Pension Fund To Increase The Real Estate Investments From 5% To 10% Of The Total City Of Winter Springs Retirement System Fund And Approve The Addition Of Intercontinental Real Estate Corporation As A New Fund Manager. FISCAL IMPACT: The Target Return For This Rebalancing ($1.4 Million) Is 10% Annually; 6 % -8% Cash Yield And 2% Asset Appreciation. Intercontinental Real Estate Corporation Charges 1.10% Or Approximately $15,000.00 A Year In Fees For This Size Investment. COMMUNICATION EFFORTS: The Board Of Trustees Will Be Notified Via Email That The Commission Has Approved The Rebalancing. City Manager And Finance Director Will Work With The Bogdahn Group To Write And Execute The Investment Contract Between Winter Springs And Intercontinental Real Estate Corporation. Once The Contract Has Been Signed The Finance Director Will Direct 5 /3 Bank To Release Funds For Investing. RECOMMENDATION: City Manager And Board Of Trustees Recommend The Commission Approve The Addition Of Intercontinental Real Estate Corporation As A Real Estate Fund Manager And Transfer $1,400,000.00 From The Galliard Core Fixed Income Fund To The Intercontinental Real Estate Corporation To Invest On Behalf Of The City Of Winter Springs General Employees' Retirement System. Additionally, To Allow The City Manager And City Attorney To Coordinate And Execute Any And All Documents Needed To Facilitate These Transactions. This Agenda Item was not discussed. CONSENT 204. Information Services Department REQUEST: Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. FISCAL IMPACT: There Is No Cost To Dispose Of These Surplus Assets. The City Receives Revenue Generated From Items Sold At Auction. COMMUNICATION EFFORTS: A Copy Of The List Of Items To Be Disposed Of Has Been Posted On The City's Website Under Public Notices. Additionally, The Contact Information For The Vendor Conducting The Auction Has Also Been Provided On The Website. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — AUGUST 9, 2010 PAGE 7 OF 21 RECOMMENDATION: It Is Requested That The City Commission Approve The Disposition Of The Attached List Of Surplus Assets. Commissioner Gary Bonner commented on the computers listed in this Agenda Item and suggested this item could possibly be addressed at the City Commission Workshop on the Budget scheduled for Tuesday, August 10, mss. 2010. Mr. Joe Alcala, IT Coordinator /Security Administrator, Information Services Department addressed the City =,{ Commission on this Agenda Item. With further comments, Commissioner Bonner suggested that the funds recouped from such sales, be kept in the Budget or earmarked for future computer purchases. Commissioner Joanne M. Krebs asked if Staff had i7 considered any needs for such computers listed in this Agenda Item at the Senior Center. Discussion followed on offering the Senior Center the opportunity to purchase this at Auction prices. City Manager Kevin L. Smith remarked, "I think it is an excellent idea and we will do so." CONSENT 205. Office Of The City Clerk REQUEST: Requests That The City Commission Review The Proposed Qualifying Documents In This Agenda Item Along With The General Information Regarding Some Of The Details And Dates Pertaining To The November 2, 2010 Winter Springs General Municipal Election. FISCAL IMPACT: There Is No Fiscal Impact To Be Considered With The Approval Of This Agenda Item. COMMUNICATION EFFORTS: The Attachments In This Agenda Item Have Been Sent To The City Attorney's Office For Their Review And Any Changes They Have Suggested, Have Been Made; Along With Any Scrivener's Errors During /After Their Review. Additionally, This Agenda Item Has Been Distributed To The Mayor And City Commission, City Manager, And City Attorney; Placed In Press Packets; Placed In The Lobby Binder; And Will Be Available On The City's Website, Laserfiche, And The City's Server. After The Approval Of This Agenda Item And Prior To The 2010 Qualifying Period, The City Clerk Will Notify All Individuals Who Have Opened Up A Campaign Account For The 2010 Winter Springs General Municipal Election; Along With Any Individuals Who Have Asked For Preliminary Documents Related To The 2010 Winter Springs General Municipal Election — As To When Qualifying Packets Will Be Available. RECOMMENDATION: The City Commission Is Requested To Approve The Information In This Agenda Item. There was no discussion on this Agenda Item. CONSENT 206. Police Department REQUEST: Requests The City Commission To Approve The Utilization Of Air -Pak Product & Services, Inc. For The Purpose Of Expanding The Police Department's Crime Lab. Funding Is Requested From Police Impact Fees In The Amount Of $21,355.00 Plus 10% Contingency. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2010 PAGE 8 OF 21 FISCAL IMPACT: Additional Funding Is Requested From Police Impact Fees In The Amount Of $2,830.00 Plus 10% Contingency. The Available Balance In Police Impact Fees Is $68,450.30. g=1 roWie COMMUNICATION EFFORTS: Post The Agenda Prior To The Meeting At Various Locations Throughout The City. RECOMMENDATION: The City Commission To Approve The Expenditure Of $21,355.00 Plus 10% 01■4 Contingency From Police Impact Fees And Approve Utilization Of Air -Pak Product & Services, Inc. As The Contractor For This Project. r� No discussion. CONSENT 207. Police Department REQUEST: Requests The Commission To Approve The Renewal Of The Annual School Resource Officer Inter - Agency Agreement Contract With The Seminole County School Board And Authorize The City Manager To Prepare And Execute Any And All Applicable Documents On Behalf Of The City. FISCAL IMPACT: As Part Of Providing These Officers To The Schools Mentioned Above, The School Board Will Pay The City $68,736.34 In Eight (8) Equal Installments Of $8,592.04 Commencing October 5 (2010) To Be Paid On The 5 Day Of Each Month Through May 2011. COMMUNICATION EFFORTS: Posting Of The Agenda Prior To The Meeting At Various Locations Throughout The City. RECOMMENDATION: The Police Department Recommends The Commission Approve The New Inter - Agency Contract For The Two School Resource Officers And To Authorize The City Manager To Prepare And Execute Any And All Applicable Documents. Discussion ensued with Chief of Police Kevin Brunelle on other assignments; what the School Resource Officer does; and what the Seminole County Sheriff previously had planned to do with School Resource Officers. CONSENT 208. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The July 26, 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 July 26, 2010 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2010 PAGE 9 OF 21 City Attorney Anthony A. Garganese mentioned that as there were two (2) Options suggested in Consent Agenda Item "201", and that he thought it would be better to discuss this Consent Agenda Item as an individual Agenda Item later in the Meeting. "MOTION TO PULL ITEM "201 ". MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION VOTE: 03'4 COMMISSIONER HOVEY: AYE 11=1•• COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. "MOTION TO APPROVE CONSENT (AGENDA) MINUS `201'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor Requesting The City Commission Receive A Presentation From Tara Hormell With The Children's Cabinet Of Seminole County. Ms. Tara Hormell with the Children's Cabinet of Seminole County gave an overview of that this Agency does and noted that we can assist by continuing to "Utilize the Children's Cabinet as experts in the issues facing our community's children." Next, Ms. Hormell mentioned that their Annual meeting will be held on October 19 2010; and that they meet on the second Wednesday of each month. With further comments, Commissioner Bonner noted and if he knew of an Agency that could help, who should they contact? Ms. Hormell stated, "I can send you an email address for our Chair of the Cabinet." Commissioner Bonner added, "Please do." Ms. Hormell noted, "I will." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2010 PAGE 10 OF 21 AWARDS AND PRESENTATIONS 301. Land Design Innovations, Inc. — City Consultant Presentation From Land Design Innovations, Inc. Updating The City Commission On Economic Development Efforts. (Follow Up From Informational Agenda Item "101 ".) Ms. Tracy Crowe, Land Design Innovations, Inc., 1770 Fennel Street, Suite 200, Maitland, Florida: provided a brief update to the City Commission. Discussion followed on the proposed SEMATECH project. Ms. Crowe added, "The only thing we might be coming back to you is we're going to have to start looking at how to expediting permitting processes and what we can do to be prepared for that." REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager — Kevin L. Smith Manager Smith advised the City Commission that they would be getting a CD with a near final draft of the PowerPoint Presentation for the upcoming Florida League of Cities /City of Winter Springs' Session; and asked the City Commission for any comments they might have. Manager Smith also asked if the City Commission might want to discuss this further at the August 16, 2010 City Commission Workshop, after the main Agenda Item. Mayor Bush stated, "That is a good idea." Commissioner Jean Hovey was also agreeable to this. Commissioner Bonner nodded in agreement. There were no objections. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC City Clerk Andrea Lorenzo - Luaces asked the City Commission if they would like completed Qualifying Documents to be placed on the City's Website at the conclusion of this year's Qualifying Period. Deputy Mayor Rick Brown stated, "Yes." Commissioner Bonner and Commissioner Hovey nodded in agreement. No objections were voiced. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2010 PAGE 11 OF 21 REPORTS r r�.� 403. Office Of Commissioner Seat Two/Deputy Mayor — The Honorable Rick Brown i� = .� No Report. REPORTS 1:=1.4 404. Office Of Commissioner Seat Three — The Honorable Gary Bonner MOTION TO APPOINT MR. RICHARD LANE TO THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REPORTS 405. Office Of Commissioner Seat Four— The Honorable Sally McGinnis Absent. REPORTS 406. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs noted that she had attended a Homeowners Association meeting yesterday with Deputy Mayor Brown and Manager Smith. Commissioner Krebs also mentioned that Manager Smith had been given some literature at the Homeowner's Association meeting, and that he could provide it to anyone who requested it. REPORTS 407. Office Of The Mayor — The Honorable John F. Bush Mayor Bush mentioned that he had attended a Tri- County League of Cities Board meeting and referenced some documents that had been given out. Members of the City Commission asked for a scanned copy of the noted documents. REPORTS 408. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Hovey mentioned that School starts soon and to be careful of the children. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2010 PAGE 12 OF 21 MOTION TO APPOINT MS. BARBARA CROSWELL TO THE CODE ENFORCEMENT BOARD. MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: Gil! COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE 02■01 MOTION CARRIED. eveln I PUBLIC INPUT Mr. James Hansberger, 111 Cherry Creek Circle, Winter Springs, Florida: thanked those who attended yesterday's Homeowner's Association meeting; commented against the proposed Town Parke Apartments project; and noted that the community thanked the City Commission for listening to the residents. Mr. Daniel Oshea, 143 Cherry Creek Circle, Winter Springs, Florida: also thanked those who attended yesterday's Homeowner's Association meeting; spoke against the proposed Town Parke Apartments project; remarked that there seemed to be a lack of understanding in the community; and thought that there were other housing options that could be considered. Mr. Ken Paparella, 146 Cherry Creek Circle, Winter Springs, Florida: commented against the proposed Town Parke Apartments project; commented on the units and some of the suggested rents; and thought that the proposed Use was not the best for the property. Mr. Nick Colangelo, 1522 South Greenleaf Court, Winter Springs, Florida: thanked those who attended yesterday's Homeowner's Association meeting; referenced the Aloma Vista Apartments and crime; and spoke against the proposed Town Parke Apartments project. Ms. Jeanne Wylie, 654 Cayuga Court, Winter Springs, Florida :: commented against the proposed Town Parke Apartments project; mentioned that she thought the density was too high; and felt that the property could better be used to support Innovation Way. Mr. David Klingenberg, 650 Cheoy Lee Circle, Winter Springs, Florida: noted his opposition to the proposed Town Parke Apartments project and commented on crime statistics. Mr. Richard Brownfield, 142 Cherry Creek Circle, Winter Springs, Florida: commented against the proposed Town Parke Apartments project; noted that his home backs up to the Trail; and thought that the Trail opened up the community to possible problems and criminal mischief. Mr. Steve Blount, 149 Cherry Creek Circle, Winter Springs, Florida: also thanked those who attended yesterday's Homeowner's Association meeting; asked if there was a census showing the need for Affordable Housing; thought that this project did not belong in the Town Center; and suggested that the Planning and Zoning Board/Local Planning Agency be tasked with previewing such projects. With discussion on the role of the Planning and Zoning Board/Local Planning Agency in such reviews, Attorney Garganese remarked, "Could the City Commission put the Planning and Zoning Board [/Local Planning Agency] in an Advisory capacity on Town Center projects? Of course. You could Amend the procedure to do that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — AUGUST 9, 2010 PAGE 13 OF 21 Deputy Mayor Rick Brown asked, "Can we get that Agenda to review ?" Manager Smith stated, "Absolutely." Mayor Bush remarked, "I have always thought the Planning and Zoning [Board/Local Planning Agency] should have first crack at it rather than the Commission." Deputy Mayor Brown added, "Me too." GWa Attorney Garganese suggested he could put write a draft Ordinance. Mayor Bush agreed and stated, "Maybe at our next Meeting." No objections were voiced. Attorney Garganese said, "Okay." Ms. Susan Wilson, 235 Nandina Terrace, Winter Springs, Florida.: also thanked those who attended yesterday's Homeowner's Association meeting; noted that she opposed the proposed Town Parke Apartments project and suggested that if the Developer wanted to help Workforce families and Winter Springs, that they buy foreclosed homes and renovate them, similar to Habitat for Humanity. Ms. Sharon Sheehan, 211 Heatherwood Court, Winter Springs, Florida: addressed the City Commission and said she opposed the proposed Town Parke Apartments project. Tape 1 /Side B Continuing, Ms. Sheehan spoke for the Record on the density and problems that could arise because of the proposed Town Parke Apartments project; thought that this proposed project did not fit with the original mix for the Town Center; and commented on her concern with the planned public meetings. Mr. Richard Cosmas, 118 Avery Lake Drive, Winter Springs, Florida: representing the Avery Park Homeowner's Association, Mr. Cosmas echoed previous comments; and thought that the needs and long term effects on the community had not really been considered. Ms. Mary Jo Marron, 204 Burgess Drive, Winter Springs, Florida: commented for the Record that she was against the proposed Town Parke Apartments project; thought there were better uses for this property; and thought this was just a money - making venture. Ms. Suzanne Walker, 1012 Winter Springs Boulevard, Winter Springs, Florida: remarked about the proposed Town Parke Apartments project and asked a number of questions about this proposed project. Mr. Arsenio Calle, 110 Arrowhead Court, Winter Springs, Florida: thought that developments should meet the needs of the community; commented on market rates and mixed developments; and mentioned that he did not think the proposed Town Parke belonged here. Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida.: representing the Tuscawilla Homeowner's Association, Ms. Carroll thanked those who attended yesterday's Homeowner's Association meeting; and asked if anyone in attendance supported the proposed Town Parke Apartments project. Ms. Carroll also stated that the Tuscawilla Homeowner's Association is opposed to the proposed Town Parke Apartments project. Mr. Steven Piermont, 209 Heatherwood Court, Winter Springs, Florida: thought that the proposed Town Parke Apartments project could bring further problems; and felt that this proposed project does not belong in this location. Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: as the President of the Creeks Run Homeowner's Association, Mr. Martinez spoke against subsidized housing; problems that could occur; did not think that the proposed Town Parke Apartments project was compatible; and thought that such a project would lower property values. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — AUGUST 9, 2010 PAGE 14 OF 21 Ms. Maureen Smith, 130 Peregrine Court, Winter Springs, Florida: thanked those who attended yesterday's Homeowner's Association meeting; asked why Winter Springs was selected for this proposed project, and what was the need for such a project. Ms. Smith also voiced her opposition to the proposed Town Parke Apartments project. Mr. Charles Kleinknecht, 108 Cherry Creek Lane, Winter Springs, Florida: thanked those who attended yesterday's Homeowner's Association meeting and explained that he was the Vice President of the Reserve at Tuscawilla's Homeowner's Association. Mr. Kleinknecht noted problems with area schools, gangs, and high C2.4 density housing; and also asked that the proposed Town Parke Apartments project be rejected. wenn Ms. Carol Pliner, 215 Heatherwood Court, Winter Springs, Florida: mentioned many negatives associated with the proposed Town Parke Apartments project; and also thought this projected should be rejected. Mr. Larry Sherman, 1711 Fox Glen Court, Winter Springs, Florida: as the President of the Chelsea Parc/Fox Glen communities, Mr. Sherman thanked those who attended yesterday's Homeowner's Association Meeting; and mentioned that he loved this community and thought the Town Center was a great asset. Mr. Sherman also noted some research he had done on apartments and occupancy rates in Winter Springs and asked why we needed more. Mr. Sherman then commented on the different entities associated with Atlantic Housing Partners. Mayor Bush mentioned other residents who were against the proposed Town Parke Apartments project, but who did not want to speak: Ms. Roberta Huston, Mr. Paul Huston, Mr. James Smith, Mr. Gary Brook, Mr. Jay Clay, Ms. Patti Blake, Ms. Giuliana McNicholas, and Ms. Carla Walter. Mayor Bush commented on the proposed SEMATECH project and mentioned that if this project did come to Winter Springs, then property values would greatly increase. Mayor Bush also thought that Ms. Tracy Crowe and Manager Smith could possibly suggest ways residents could assist. Mayor Bush then said to the residents in attendance, "If that is something you can do to help us, you can contact the Manager and he will tell you what you might be able to do; and some of it would be contacting your members of Congress and your Senators." Further comments followed on public meetings related to the proposed Town Parke Apartments project. Mayor Bush called a brief Recess at 8: 4S p.m. Mayor Bush reconvened the Regular Meeting at 8:48 p.m. Tape 2 /Side A PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Attorney REQUEST: Requests That The City Commission Approve On Second Reading, Ordinance Number 2010- 19, Which Provides For A Referendum Election And Ballot Language For The November 2, 2010 General Election. FISCAL IMPACT: None. COMMUNICATION EFFORTS: CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2010 PAGE 15 OF 21 RECOMMENDATION: The City Attorney Requests That The City Commission Approve On Second Reading Ordinance Number 2010 -19. Attorney Garganese read Ordinance 2010 -19 by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. gme Mayor Bush closed the "Public Input" portion of the Agenda Item. Brief discussion followed on the proposed Charter questions. Manager Smith asked, "Is it the Commission's desire, because of the nature of this issue — that we actually send this next Newsletter or at least the information related to the Charter Review in a separate mailing, a hard copy ?" Commissioner Krebs stated, "For me, as long as you send the information out, you don't have to do the whole Newsletter." Manager Smith noted, "It would save money if we didn't do the whole Newsletter and I don't bear this down to money because it is an important issue." Commissioner Krebs added, "I would definitely support just sending out documentation that pertains to the Charter changes." Commissioner Bonner remarked, "I wholeheartedly agree — you might call it a Special Edition that specifically focuses on this item alone, to prepare the Voters." Additionally, Commissioner Bonner suggested, "I think all of the other regular items that are contained in the Newsletter could continue to go out electronically and really this Special Edition, I fully support that." Commissioner Hovey recommended this not be added to the Utility Bills. "I MAKE A MOTION TO APPROVE ORDINANCE 2010 -19." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Attorney Garganese spoke for Record and stated, "Several months ago, the Commission approved an Ordinance proposing a Referendum question regarding Ad Valorem Tax Abatement authority and that needs to go on this Ballot as well." Attorney Garganese added, "If you don't mind, we will include that into the Referendum mail - out for the Charter Amendments that you just approved." Mayor Bush summarized, "We will leave it up to Kevin (Smith) to produce whatever document." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2010 PAGE 16 OF 21 ❖ ❖ AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED, FOLLOWED BY THE REGULAR AGENDA. THIS CONSENT AGENDA ITEM WAS ALSO REFERENCED ON PAGES 4, 5, 9, AND 16 OF THESE MINUTES. ❖ ❖ CONSENT AGENDA; CONSENT 201. Police Department REQUEST: Requests The Commission To Authorize The City Manager To Enter Into A Month -To- Month Contract With ATS (American Traffic Solutions) For The Automated Red Light Running Camera Enforcement System. FISCAL IMPACT: The New Flat Fee Services That Would Be Provided By ATS (American Traffic Solution, LLC) Is The Same Fee Offered To All Of Their Current Clients In The State Of Florida. Fees Are Based On Per Camera And Are As Follows; Flat Fee Per Camera Per Month Is $4,750.00, Plus Certified Mail Processing Surcharge Of $4.00 Per Piece Metered For Mailing Uniform Traffic Citations (No Return Receipt). COMMUNICATION EFFORTS: The City Commissions Regular Agenda Being Advertized Prior To The Meeting At Various Locations Throughout The City. RECOMMENDATION: Options 1. The City Commission To Approve The City Manager To Execute And Sign The Agreement Authorizing A Short Term Month -To -Month Contract With ATS (American Traffic Solution, LLC) Not To Extend Beyond October 31, 2010. Continue Dialogue With ATS (American Traffic Solution, LLC) To Either Reach A New Long Term Contract Or Other Options That Are Favorable To The City. 2. Take No Action Until An Acceptable Contract Can Negotiated Between Both Entities Which Would Cause A Temporary Loss Of The Program. 3. End The Services With ATS (American Traffic Solution, LLC) And Issue A New RFP (Request For Proposal) And Go Out To Bid For This Service. The City Commission Is Being Requested To Approve Optionl Listed In This Agenda Item. Attorney Garganese began the discussion on this Agenda Item and commented on the previous Agreement. Mayor Bush said, "The Manager has recommended Option 1." Manager Smith stated, "That's correct." "I WILL MAKE THE MOTION THAT WE PROCEED WITH THE RECOMMENDATION." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2010 PAGE 17 OF 21 Discussion followed on Red Light Cameras in other cities. r REGULAR AGENDA p REGULA 600. Not Used. - + �� aa REGULAR 601. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Requests The City Commission Consider The Health And Related Insurance Proposal For FY11 (Fiscal Year 2011). FISCAL IMPACT: If Both Plans And The New Subsidies Are Agreed To By The Commission The City's Health Care Cost Will Increase Annually By Approximately $60,000.00. If A Large Number Of Employees Sign Up For Plan 34, The City May Begin To Experience A Reduction In Its Cumulative Loss Ratio Which Is The Single Most Important Indicator Of Future Health Care Rate Increases. COMMUNICATION EFFORTS: Each Healthcare Plan Will Be Explained Thoroughly During Open Enrollment Starting On August 23 Final Employee Selections And Open Enrollment Will Be Concluded By September 30 (2010). RECOMMENDATION: The City Manager Recommends That The City Commission Approve: 1) The Florida League Of Cities' Florida Municipal Insurance Trust For FY11 (Fiscal Year 2011), Based On Their Submitted Plans. 2) City Offer Two Plans 38 (Base) And 34 (Buy- Down). 3) Authorize For The City Attorney And City Manager To Prepare And Execute All Contracts And Documents Necessary To Facilitate The Above Recommendations. Mr. Shawn Boyle, Director, Finance and Administrative Services Department presented this Agenda Item and noted that there was a typo on page 2 of the Agenda Item, "Right above `FISCAL IMPACT:' there is a typo — it says, where I was giving the explanation of the person breaking their leg, fifteen hundred dollars ($1,500.00) out of pocket max[imum]; that actually per family is three thousand dollars ($3,000.00), so the net savings there would be twenty -two hundred dollars ($2,200.00) approximately." Discussion continued on the Agenda Item and the Health Insurance Plans. Commissioner Hovey asked, "So employees can choose the Plan that they think they would like, and there is going to be somebody that is available to discuss with them, the different options ?" Mr. Boyle stated, "Absolutely." Open Enrollment was discussed next. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2010 PAGE 18 OF 21 Commissioner Krebs stated, "In the past they have asked for AFLAC® - it is no cost to the City, why can't we offer it? And I don't care how many of them we offer, why can't they just be allowed to choose whatever they ...1 want. If we are going to make them choose here, then why not allow them to choose that part of their benefit as r well?" CZZZA Manager Smith then noted that, "Last year, the subject of employees desire to utilize AFLAC® came to my attention. My response was if the employees want it, we're going to give it to them. But at the end of the day, after speaking with the Department Heads, it wasn't so much — my understanding, what I was told, it wasn't so much they were looking for the AFLAC® product, as they were looking for a specific product — an Accident - Policy." e� Commissioner Krebs remarked, "I just feel like they are paying and they can be offered that choice, let us give it to them. They deserve it." Mr. Boyle remarked, "Absolutely." Further discussion. "MOTION THAT WE APPROVE STAFF'S RECOMMENDATION." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR 602. Public Works Department REQUEST: Requests The City Commission Review And Consider A Proposed Site Development Permit Agreement With Meritage Homes Of Florida, Inc. For Mass Grading At Sonesta Pointe. FISCAL IMPACT: No Funding Is Requested As Part Of This Agenda Item. Arbor Permit And Site Inspection Fees Will Be Collected For The Work To Be Performed Under The Site Development Permit Agreement. COMMUNICATION EFFORTS: Before Any Work Is Performed Under The Site Development Permit, The Applicant Will Notify The Surrounding Residents In The Adjacent Subdivision To The North, St. John's Landing. Staff Will Update The City Commission On The Status Of The Sonesta Pointe Project As Part Of The Community Development Department's Current Planning Project Status Informational Agenda Item. RECOMMENDATION: Staff Recommends The City Commission Review And Consider A Site Development Permit Agreement With Meritage Homes Of Florida, Inc. For Mass Grading At Sonesta Pointe, Subject To City Attorney Review And Approval, And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. Mr. Brian Fields, P.E., City Engineer, Public Works Department addressed the City Commission on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — AUGUST 9, 2010 PAGE 19 OF 21 Continuing, Mr. Fields stated, "The recommendation is conditioned upon Anthony's (Garganese) input and Final Approval that if he had comments that the Applicant did not agree with and that would be brought before this Board to review." r Discussion followed on trees and site clearing. �• Mr. Michael D. Wadley, AICP, Carnahan Proctor Cross, 14 East Washington Street, Suite 500, Orlando, Florida: introduced himself and stated, "What we're really asking for is to proceed with the work that has already been authorized by Water Management District because there is very little change to the Plan; and we're =Lod not working outside those areas that haven't been previously approved." Tape 2 /Side B Further comments. Discussion ensued with Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department. Commissioner Hovey stated, "What I don't want to see is what we have on the corner, behind the Bank of America." Mr. Stevenson added, "There is a Letter of Credit that is to allow us, should the project go south, that will allow us to step in and to implement a mitigation plan that again has been approved and has been somewhat modified by Mike (Wadley) and Staff to buffer specifically Tuscawilla and St. Johns Landing and I believe the other buffers are going to be left at this point, in place." Deputy Mayor Brown asked if the requested amount of the Letter of Credit was enough. Attorney Garganese said, "That is one of my questions. That needs to be beefed up and needs to be in there. If the Commission is going to make a Policy decision to let this project loose before you approve Final Engineering, we need to make sure it is an irrevocable Letter of Credit. We need to make sure that the terms clearly address that the City has a way to do it upon default." With further comments on the proposed Letter of Credit; the request by the Applicant; and why the City Commission was being put in this position. Attorney Garganese explained, "It's the Applicant's case to make before the Commission. This is an unusual request." Discussion. Mr. Clint Szubinski, Vice President, Meritage Homes, 5337 Millenia Lakes Boulevard, Suite 160 Orlando, Florida.: commented on this project and their proposed sales timeline. Further discussion followed on mitigated risks, Policy, and deviating from Policy and setting precedents. Mr. Wadley noted, "This is different because this has been engineered, this is the third time. We have permits — South Florida Water Management District — that says you can start construction once your mitigation plan is implemented which we have and that construction initiation notices are given to those Agencies, which we're ready to do. What we're saying is we're not changing anything and Final Engineering has been Approved." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2010 PAGE 20 OF 21 Discussion followed on this project with Mr. Stevenson. Attorney Garganese noted "There are safeguards in the Agreement and one (1) of the other safeguards that hasn't r been mentioned is that the Applicant, the Property Owner, Contractor agrees that if this gets Approved and they proceed with razing the property and do the Site Development work, and this Commission denies Final Engineering, then they are assuming all of the risk; and that provision needs to be in this Agreement, because under no circumstances do we want to take away the City Commission's discretion to Approve Final g:1.4 Engineering." 020.4 meell Further comments. Attorney Garganese stated, "There are some technical concerns I have regarding this Agreement, some provisions need to be beefed up." Attorney Garganese added, "If the Commission is okay with allowing this to proceed, then it needs to be subject to my fmal technical revisions to the Agreement with the City Manager's oversight and blessing. Once we get those technical provisions worked out then the Manager would be authorized to execute the Agreement." Further, Attorney Garganese noted, "That would need to be a condition of the Motion because the Agreement is not in final form and there are a few little technical things I need to change; and there's also an issue regarding the alternative access point, when that's going to be available." Commissioner Bonner asked about Spine Road and stated, "I assume the clearing that is proposed will include clearing to create Spine Road. Is that correct ?" Mr. Fields responded, "Yes. It's included in the project." Mr. Wadley then explained, "It's called a four lot Plat, but we have that Plat in right now under review. We're also getting it across our land where it isn't across our land, because we have to come up (State Road) 434, but we're getting a right of access from the Schrimsher's and for the Brotherhood. So, we will have the road or we can't do it. So, that's on us to get that." Discussion ensued on the Applicant taking all the risk. "I WILL MAKE A MOTION TO APPROVE THIS ITEM `602' REQUEST FROM THE APPLICANT WITH THE ATTORNEY PUTTING ALL THE DUE DILIGENCE IN TO PROPERLY CRAFT THE LANGUAGE TO PROTECT THE CITIZENS -WITH THE ONE HUNDRED AND FORTY THOUSAND DOLLARS ($140,000.00) GUARANTEE." MOTION BY COMMISSIONER BONNER. COMMISSIONER BONNER ADDED, "AND TO EMPOWER THE MANAGER TO TAKE THE STEPS NECESSARY TO DO WHAT THE MANAGER NEEDS STAFF TO DO — EXECUTION OF THE AGREEMENT." SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — AUGUST 9, 2010 PAGE 21 OF 21 In other City business, Mayor Bush referenced a previous comment related to the Planning and Zoning Board/Local Planning Agency and stated, "It seems to me, that is something we should get right on." Manager Smith commented, "As soon as we are ready, we will bring it to you. I understand your desire to see it and we'll do that post haste." Lastly, discussion followed on the ownership of the property for the proposed Town Parke Apartments. ADJOURNMENT wiez Mayor Bush adjourned the Regular Meeting at 8:14 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 CITY COMMISSION MINUTES REGULAR MEETING MONDAY, AUGUST 9, 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 - AUGUST 9, 2010 PAGE 2 OF 21 CALL TO ORDER The Regular Meeting of Monday, August 9, 2010 of the City Commission was called to Order by Mayor John F. Bush at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Rick Brown, present Commissioner Jean Hovey, present Commissioner Gary Bonner, present Commissioner Sally McGinnis, absent Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. 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. This Agenda Item was not discussed. INFORMATIONAL 101. Land Design Innovations, Inc. — City Consultant REQUEST: Presenting The Summary Report For Economic Development Activities From June 19, 2010 Through July 18, 2010. 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2010 PAGE 3 OF 21 RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. There was no discussion on this Agenda Item. INFORMATIONAL 102. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Transmitting The City's Third Quarter Financial Report For The 2010 Fiscal Year. FISCAL IMPACT: N/A COMMUNICATION EFFORTS: Financial Statements Have Been Distributed To Directors, City Manager, Mayor And Commission. RECOMMENDATION: It Is Recommended That The City Commission Receive The Attached Financial Report. No discussion. INFORMATIONAL 103. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Providing The Investment Report For The Third Quarter Of Fiscal Year (FY) 2010 (Ending June 30, 2010) As Prepared By PFM Asset Management LLC. FISCAL IMPACT: The Weighted Average Yield At June 30, 2010 Is 0.67 %. The Weighted Average Yield At March 31, 2010 Was 0.65 %. This Portfolio Has An Average Maturity Of Less Than One Year. COMMUNICATION EFFORTS: The Investment Report Will Be Posted To The Website Within A Week Of Acceptance. RECOMMENDATION: It Is Recommended That The City Commission Receive The Attached Investment Report. This Agenda Item was not discussed. "MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2010 PAGE 4 OF 21 CONSENT AGENDA CONSENT 200. Police Department REQUEST: Requests The City Commission Approve A Supplemental Appropriation From The Police Special Law Enforcement Federal And Local Funds Not To Exceed $38,000.00 To Purchase Two Vehicles Using The State Of Florida Contract Quote 071000 -10 -1. The Current Balance In The Police Special Law Enforcement Federal Fund Is $17,895.93 And The Current Balance In Police Special Law Enforcement Local Fund Is $32,678.44. FISCAL IMPACT: The Vehicles Will Be Purchased Through The State Of Florida Contract Quote 071000 -10 -1 Not To Exceed $24,000.00 Per Vehicle Fully Equipped. Funding Is Requested From Police Special Law Enforcement -Local In The Amount Not To Exceed $22,000.00, Currently The Balance Is $32,678.44. Funding Is Requested From Police Special Law Enforcement - Federal In The Amount Not To Exceed $16,000.00, Currently The Balance Is $17,895.93. To Supplement The Difference Use The $10,477.00 Insurance Claims. COMMUNICATION EFFORTS: Post The Agenda Prior To The Meeting At Various Locations Throughout The City. RECOMMENDATION: The City Commission To Approve The Expenditure From Special Law Enforcement Funds Local And From Special Law Enforcement Funds Federal Not To Exceed $38,000.00 For The Purchase Of Two Vehicles With Equipment. There was no discussion on this Agenda Item. CONSENT 201. Police Department REQUEST: Requests The Commission To Authorize The City Manager To Enter Into A Month -To- Month Contract With ATS (American Traffic Solutions) For The Automated Red Light Running Camera Enforcement System. FISCAL IMPACT: The New Flat Fee Services That Would Be Provided By ATS (American Traffic Solution, LLC) Is The Same Fee Offered To All Of Their Current Clients In The State Of Florida. Fees Are Based On Per Camera And Are As Follows; Flat Fee Per Camera Per Month Is $4,750.00, Plus Certified Mail Processing Surcharge Of $4.00 Per Piece Metered For Mailing Uniform Traffic Citations (No Return Receipt). COMMUNICATION EFFORTS: The City Commissions Regular Agenda Being Advertized Prior To The Meeting At Various Locations Throughout The City. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2010 PAGE 5 OF 21 RECOMMENDATION: Options 1. The City Commission To Approve The City Manager To Execute And Sign The Agreement Authorizing A Short Term Month -To -Month Contract With ATS (American Traffic Solution, LLC) Not To Extend Beyond October 31, 2010. Continue Dialogue With ATS (American Traffic Solution, LLC) To Either Reach A New Long Term Contract Or Other Options That Are Favorable To The City. 2. Take No Action Until An Acceptable Contract Can Negotiated Between Both Entities Which Would Cause A Temporary Loss Of The Program. 3. End The Services With ATS (American Traffic Solution, LLC) And Issue A New RFP (Request For Proposal) And Go Out To Bid For This Service. The City Commission Is Being Requested To Approve Optionl Listed In This Agenda Item. This Agenda Item was Voted on later in the Meeting, as shown on pages 9 and 16 of these Minutes. CONSENT 202. Finance And Administrative Services Department And Community Development Department REQUEST: Requesting That The City Commission Adopt Resolution No. (Number) 2010 -37, Authorizing The Submittal Of The Certificate To Non -Ad Valorem Assessment Roll, Assessment Summary And FY (Fiscal Year) 2010 -2011 Annual Assessment Roll For Tax Year 2010 Relating To The Oak Forest Wall And Beautification District And The Tuscawilla Lighting And Beautification Assessment Area — Phases I And II To The Seminole County Tax Collector By September 15, 2010. FISCAL IMPACT: The Annual Assessment Service Fees For NBS And Nabors Giblin Are Budgeted Costs In The Following Assessment District Funds: Oak Forest Maintenance Fund - #191 Oak Forest Debt Service Fund - #192 Tuscawilla Maintenance Fund - #184 Tuscawilla Debt Service Fund — Phase 1 #182 Tuscawilla Debt Service Fund — Phase 2 #213 COMMUNICATION EFFORTS: Information Regarding The Tuscawilla Lighting And Beautification District And The Oak Forest Wall And Beautification District Special Assessment Programs, Including Assessment Rates And Live Account Information, Is Available To The Public Via The City's Website At: http:// www. winterspringsfl. org/ en/ web / dept / cd/ub /urbanbeautification.html. This Agenda Item Has 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 Is Available On The City's Website, Laserfiche, And The City's Server. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2010 PAGE 6 OF 21 RECOMMENDATION: It Is Recommended That The - City Commission Adopt Resolution No. (Number) 2010 -37 Authorizing The Submission Of The Certificate To Non -Ad Valorem Assessment Roll, Assessment Summary And FY (Fiscal Year) 2010 -2011 Annual Assessment Roll For Tax Year 2010 Relating To The Oak Forest Wall And Beautification District And The Tuscawilla Lighting And Beautification Assessment Area — Phases I And II To The Seminole County Tax Collector By September 15, 2010. No discussion. CONSENT 203. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Requests That The City Commission Consider A Rebalancing Of The Pension Fund To Increase The Real Estate Investments From 5% To 10% Of The Total City Of Winter Springs Retirement System Fund And Approve The Addition Of Intercontinental Real Estate Corporation As A New Fund Manager. FISCAL IMPACT: The Target Return For This Rebalancing ($1.4 Million) Is 10% Annually; 6 % -8% Cash Yield And 2% Asset Appreciation. Intercontinental Real Estate Corporation Charges 1.10% Or Approximately $15,000.00 A Year In Fees For This Size Investment. COMMUNICATION EFFORTS: The Board Of Trustees Will Be Notified Via Email That The Commission Has Approved The Rebalancing. City Manager And Finance Director Will Work With The Bogdahn Group To Write And Execute The Investment Contract Between Winter Springs And Intercontinental Real Estate Corporation. Once The Contract Has Been Signed The Finance Director Will Direct 5/3` Bank To Release Funds For Investing. RECOMMENDATION: City Manager And Board Of Trustees Recommend The Commission Approve The Addition Of Intercontinental Real Estate Corporation As A Real Estate Fund Manager And Transfer $1,400,000.00 From The Galliard Core Fixed Income Fund To The Intercontinental Real Estate Corporation To Invest On Behalf Of The City Of Winter Springs General Employees' Retirement System. Additionally, To Allow The City Manager And City Attorney To Coordinate And Execute Any And All Documents Needed To Facilitate These Transactions. This Agenda Item was not discussed. CONSENT 204. Information Services Department REQUEST: Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. FISCAL IMPACT: There Is No Cost To Dispose Of These Surplus Assets. The City Receives Revenue Generated From Items Sold At Auction. COMMUNICATION EFFORTS: A Copy Of The List Of Items To Be Disposed Of Has Been Posted On The City's Website Under Public Notices. Additionally, The Contact Information For The Vendor Conducting The Auction Has Also Been Provided On The Website. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2010 PAGE 7 OF 21 RECOMMENDATION: It Is Requested That The City Commission Approve The Disposition Of The Attached List Of Surplus Assets. Commissioner Gary Bonner commented on the computers listed in this Agenda Item and suggested this item could possibly be addressed at the City Commission Workshop on the Budget scheduled for Tuesday, August 10, 2010. Mr. Joe Alcala, IT Coordinator /Security Administrator, Information Services Department addressed the City Commission on this Agenda Item. With further comments, Commissioner Bonner suggested that the funds recouped from such sales, be kept in the Budget or earmarked for future computer purchases. Commissioner Joanne M. Krebs asked if Staff had considered any needs for such computers listed in this Agenda Item at the Senior Center. Discussion followed on offering the Senior Center the opportunity to purchase this at Auction prices. City Manager Kevin L. Smith remarked, "I think it is an excellent idea and we will do so." CONSENT 205. Office Of The City Clerk REQUEST: Requests That The City Commission Review The Proposed Qualifying Documents In This Agenda Item Along With The General Information Regarding Some Of The Details And Dates Pertaining To The November 2, 2010 Winter Springs General Municipal Election. FISCAL IMPACT: There Is No Fiscal Impact To Be Considered With The Approval Of This Agenda Item. COMMUNICATION EFFORTS: The Attachments In This Agenda Item Have Been Sent To The City Attorney's Office For Their Review And Any Changes They Have Suggested, Have Been Made; Along With Any Scrivener's Errors During/After Their Review. Additionally, This Agenda Item Has Been Distributed To The Mayor And City Commission, City Manager, And City Attorney; Placed In Press Packets; Placed In The Lobby Binder; And Will Be Available On The City's Website, Laserfiche, And The City's Server. After The Approval Of This Agenda Item And Prior To The 2010 Qualifying Period, The City Clerk Will Notify All Individuals Who Have Opened Up A Campaign Account For The 2010 Winter Springs General Municipal Election; Along With Any Individuals Who Have Asked For Preliminary Documents Related To The 2010 Winter Springs General Municipal Election — As To When Qualifying Packets Will Be Available. RECOMMENDATION: The City Commission Is Requested To Approve The Information In This Agenda Item. There was no discussion on this Agenda Item. CONSENT 206. Police Department REQUEST: Requests The City Commission To Approve The Utilization Of Air -Pak Product & Services, Inc. For The Purpose Of Expanding The Police Department's Crime Lab. Funding Is Requested From Police Impact Fees In The Amount Of $21,355.00 Plus 10% Contingency. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2010 PAGE 8 OF 21 FISCAL IMPACT: Additional Funding Is Requested From Police Impact Fees In The Amount Of $2,830.00 Plus 10% Contingency. The Available Balance In Police Impact Fees Is $68,450.30. COMMUNICATION EFFORTS: Post The Agenda Prior To The Meeting At Various Locations Throughout The City. RECOMMENDATION: The City Commission To Approve The Expenditure Of $21,355.00 Plus 10% Contingency From Police Impact Fees And Approve Utilization Of Air -Pak Product & Services, Inc. As The Contractor For This Project. No discussion. CONSENT 207. Police Department REQUEST: Requests The Commission To Approve The Renewal Of The Annual School Resource Officer Inter - Agency Agreement Contract With The Seminole County School Board And Authorize The City Manager To Prepare And Execute Any And All Applicable Documents On Behalf Of The City. FISCAL IMPACT: As Part Of Providing These Officers To The Schools Mentioned Above, The School Board Will Pay The City $68,736.34 In Eight (8) Equal Installments Of $8,592.04 Commencing October 5 (2010) To Be Paid On The 5` Day Of Each Month Through May 2011. COMMUNICATION EFFORTS: Posting Of The Agenda Prior To The Meeting At Various Locations Throughout The City. RECOMMENDATION: The Police Department Recommends The Commission Approve The New Inter - Agency Contract For The Two School Resource Officers And To Authorize The City Manager To Prepare And Execute Any And All Applicable Documents. Discussion ensued with Chief of Police Kevin Brunelle on other assignments; what the School Resource Officer does; and what the Seminole County Sheriff previously had planned to do with School Resource Officers. CONSENT 208. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The July 26, 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 July 26, 2010 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2010 PAGE 9 OF 21 City Attorney Anthony A. Garganese mentioned that as there were two (2) Options suggested. in Consent Agenda Item "201", and that he thought it would be better to discuss this Consent Agenda Item as an individual Agenda Item later in the Meeting. "MOTION TO PULL ITEM "201 ". MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. "MOTION TO APPROVE CONSENT (AGENDA) MINUS `201'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor Requesting The City Commission Receive A Presentation From Tara Hormell With The Children's Cabinet Of Seminole County. Ms. Tara Hormell with the Children's Cabinet of Seminole County gave an overview of that this Agency does and noted that we can assist by continuing to "Utilize the Children's Cabinet as experts in the issues facing our community's children." Next, Ms. Hormell mentioned that their Annual meeting will be held on October 19 2010; and that they meet on the second Wednesday of each month. With further comments, Commissioner Bonner noted and if he knew of an Agency that could help, who should they contact? Ms. Hormell stated, "I can send you an email address for our Chair of the Cabinet." Commissioner Bonner added, "Please do." Ms. Hormell noted, "I will." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2010 PAGE 10 OF 21 AWARDS AND PRESENTATIONS 301. Land Design Innovations, Inc. — City Consultant Presentation From Land Design Innovations, Inc. Updating The City Commission On Economic Development Efforts. (Follow Up From Informational Agenda Item "101 ".) Ms. Tracy Crowe, Land Design Innovations, Inc., 1770 Fennel Street, Suite 200, Maitland, Florida: provided a brief update to the City Commission. Discussion followed on the proposed SEMATECH project. Ms. Crowe added, "The only thing we might be coming back to you is we're going to have to start looking at how to expediting permitting processes and what we can do to be prepared for that." REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager — Kevin L. Smith Manager Smith advised the City Commission that they would be getting a CD with a near final draft of the PowerPoint Presentation for the upcoming Florida League of Cities/City of Winter Springs' Session; and asked the City Commission for any comments they might have. Manager Smith also asked if the City Commission might want to discuss this further at the August 16, 2010 City Commission Workshop, after the main Agenda Item. Mayor Bush stated, "That is a good idea." Commissioner Jean Hovey was also agreeable to this. Commissioner Bonner nodded in agreement. There were no objections. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC City Clerk Andrea Lorenzo - Luaces asked the City Commission if they would like completed Qualifying Documents to be placed on the City's Website at the conclusion of this year's Qualifying Period. Deputy Mayor Rick Brown stated, "Yes." Commissioner Bonner and Commissioner Hovey nodded in agreement. No objections were voiced. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2010 PAGE 11 OF 21 REPORTS 403. Office Of Commissioner Seat Two/Deputy Mayor — The Honorable Rick Brown No Report. REPORTS 404. Office Of Commissioner Seat Three — The Honorable Gary Bonner MOTION TO APPOINT MR. RICHARD LANE TO THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REPORTS 405. Office Of Commissioner Seat Four— The Honorable Sally McGinnis Absent. REPORTS 406. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs noted that she had attended a Homeowners Association meeting yesterday with Deputy Mayor Brown and Manager Smith. Commissioner Krebs also mentioned that Manager Smith had been given some literature at the Homeowner's Association meeting, and that he could provide it to anyone who requested it. REPORTS 407. Office Of The Mayor — The Honorable John F. Bush Mayor Bush mentioned that he had attended a Tri- County League of Cities Board meeting and referenced some documents that had been given out. Members of the City Commission asked for a scanned copy of the noted documents. REPORTS 408. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Hovey mentioned that School starts soon and to be careful of the children. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2010 PAGE 12 OF 21 MOTION TO APPOINT MS. BARBARA CROSWELL TO THE CODE ENFORCEMENT BOARD. MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. PUBLIC INPUT Mr. James Hansberger, 111 Cherry Creek Circle, Winter Springs, Florida: thanked those who attended yesterday's Homeowner's Association meeting; commented against the proposed Town Parke Apartments project; and noted that the community thanked the City Commission for listening to the residents. Mr. Daniel Oshea, 143 Cherry Creek Circle, Winter Springs, Florida: also thanked those who attended yesterday's Homeowner's Association meeting; spoke against the proposed Town Parke Apartments project; remarked that there seemed to be a lack of understanding in the community; and thought that there were other housing options that could be considered. Mr. Ken Paparella, 146 Cherry Creek Circle, Winter Springs, Florida: commented against the proposed Town Parke Apartments project; commented on the units and some of the suggested rents; and thought that the proposed Use was not the best for the property. Mr. Nick Colangelo, 1522 South Greenleaf Court, Winter Springs, Florida: thanked those who attended yesterday's Homeowner's Association meeting; referenced the Aloma Vista Apartments and crime; and spoke against the proposed Town Parke Apartments project. Ms. Jeanne Wylie, 654 Cayuga Court, Winter Springs, Florida: commented against the proposed Town Parke Apartments project; mentioned that she thought the density was too high; and felt that the property could better be used to support Innovation Way. Mr. David Klingenberg, 650 Cheoy Lee Circle, Winter Springs, Florida: noted his opposition to the proposed Town Parke Apartments project and commented on crime statistics. Mr. Richard Brownfield, 142 Cherry Creek Circle, Winter Springs, Florida: commented against the proposed Town Parke Apartments project; noted that his home backs up to the Trail; and thought that the Trail opened up the community to possible problems and criminal mischief. Mr. Steve Blount, 149 Cherry Creek Circle, Winter Springs, Florida: also thanked those who attended yesterday's Homeowner's Association meeting; asked if there was a census showing the need for Affordable Housing; thought that this project did not belong in the Town Center; and suggested that the Planning and Zoning Board/Local Planning Agency be tasked with previewing such projects. With discussion on the role of the Planning and Zoning Board/Local Planning Agency in such reviews, Attorney Garganese remarked, "Could the City Commission put the Planning and Zoning Board [/Local Planning Agency] in an Advisory capacity on Town Center projects? Of course. You could Amend the procedure to do that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — AUGUST 9, 2010 PAGE 13 OF 21 Deputy Mayor Rick Brown asked, "Can we get that Agenda to review ?" Manager Smith stated, "Absolutely." Mayor Bush remarked, "I have always thought the Planning and Zoning [Board/Local Planning Agency] should have first crack at it rather than the Commission." Deputy Mayor Brown added, "Me too." Attorney Garganese suggested he could put write a draft Ordinance. Mayor Bush agreed and stated, "Maybe at our next Meeting." No objections were voiced. Attorney Garganese said, "Okay." Ms. Susan Wilson, 235 Nandina Terrace, Winter Springs, Florida: also thanked those who attended yesterday's Homeowner's Association meeting; noted that she opposed the proposed Town Parke Apartments project and suggested that if the Developer wanted to help Workforce families and Winter Springs, that they buy foreclosed homes and renovate them, similar to Habitat for Humanity. Ms. Sharon Sheehan, 211 Heatherwood Court, Winter Springs, Florida: addressed the City Commission and said she opposed the proposed Town Parke Apartments project. Tape 1 /Side B Continuing, Ms. Sheehan spoke for the Record on the density and problems that could arise because of the proposed Town Parke Apartments project; thought that this proposed project did not fit with the original mix for the Town Center; and commented on her concern with the planned public meetings. Mr. Richard Cosmas, 118 Avery Lake Drive, Winter Springs, Florida: representing the Avery Park Homeowner's Association, Mr. Cosmas echoed previous comments; and thought that the needs and long term effects on the community had not really been considered. Ms. Mary Jo Marron, 204 Burgess Drive, Winter Springs, Florida: commented for the Record that she was against the proposed Town Parke Apartments project; thought there were better uses for this property; and thought this was just a money - making venture. Ms. Suzanne Walker, 1012 Winter Springs Boulevard, Winter Springs, Florida: remarked about the proposed Town Parke Apartments project and asked a number of questions about this proposed project. Mr. Arsenio Calle, 110 Arrowhead Court, Winter Springs, Florida: thought that developments should meet the needs of the community; commented on market rates and mixed developments; and mentioned that he did not think the proposed Town Parke belonged here. Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: representing the Tuscawilla Homeowner's Association, Ms. Carroll thanked those who attended yesterday's Homeowner's Association meeting; and asked if anyone in attendance supported the proposed Town Parke Apartments project. Ms. Carroll also stated that the Tuscawilla Homeowner's Association is opposed to the proposed Town Parke Apartments project. Mr. Steven Piermont, 209 Heatherwood Court, Winter Springs, Florida: thought that the proposed Town Parke Apartments project could bring further problems; and felt that this proposed project does not belong in this location. Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: as the President of the Creeks Run Homeowner's Association, Mr. Martinez spoke against subsidized housing; problems that could occur; did not think that the proposed Town Parke Apartments project was compatible; and thought that such a project would lower property values. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — AUGUST 9, 2010 PAGE 14 OF 21 Ms. Maureen Smith, 130 Peregrine Court, Winter Springs, Florida: thanked those who attended yesterday's Homeowner's Association meeting; asked why Winter Springs was selected for this proposed project, and what was the need for such a project. Ms. Smith also voiced her opposition to the proposed Town Parke Apartments project. Mr. Charles Kleinknecht, 108 Cherry Creek Lane, Winter Springs, Florida: thanked those who attended yesterday's Homeowner's Association meeting and explained that he was the Vice President of the Reserve at Tuscawilla's Homeowner's Association. Mr. Kleinknecht noted problems with area schools, gangs, and high density housing; and also asked that the proposed Town Parke Apartments project be rejected. Ms. Carol Pliner, 215 Heatherwood Court, Winter Springs, Florida: mentioned many negatives associated with the proposed Town Parke Apartments project; and also thought this projected should be rejected. Mr. Larry Sherman, 1711 Fox Glen Court, Winter Springs, Florida: as the President of the Chelsea Parc/Fox Glen communities, Mr. Sherman thanked those who attended yesterday's Homeowner's Association Meeting; and mentioned that he loved this community and thought the Town Center was a great asset. Mr. Sherman also noted some research he had done on apartments and occupancy rates in Winter Springs and asked why we needed more. Mr. Sherman then commented on the different entities associated with Atlantic Housing Partners. Mayor Bush mentioned other residents who were against the proposed Town Parke Apartments project, but who did not want to speak: Ms. Roberta Huston, Mr. Paul Huston, Mr. James Smith, Mr. Gary Brook, Mr. Jay Clay, Ms. Patti Blake, Ms. Giuliano McNicholas, and Ms. Carla Walter. Mayor Bush commented on the proposed SEMATECH project and mentioned that if this project did come to Winter Springs, then property values would greatly increase. Mayor Bush also thought that Ms. Tracy Crowe and Manager Smith could possibly suggest ways residents could assist. Mayor Bush then said to the residents in attendance, "If that is something you can do to help us, you can contact the Manager and he will tell you what you might be able to do; and some of it would be contacting your members of Congress and your Senators." Further comments followed on public meetings related to the proposed Town Parke Apartments project. Mayor Bush called a brief Recess at 8:45 p.m. Mayor Bush reconvened the Regular Meeting at 8:48 p.m. Tape 2 /Side A PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Attorney REQUEST: Requests That The City Commission Approve On Second Reading, Ordinance Number 2010- 19, Which Provides For A Referendum Election And Ballot Language For The November 2, 2010 General Election. FISCAL IMPACT: None. COMMUNICATION EFFORTS: CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2010 PAGE 15 OF 21 RECOMMENDATION: The City Attorney Requests That The City Commission Approve On Second Reading Ordinance Number 2010 -19. Attorney Garganese read Ordinance 2010 -19 by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Brief discussion followed on the proposed Charter questions. Manager Smith asked, "Is it the Commission's desire, because of the nature of this issue — that we actually send this next Newsletter or at least the information related to the Charter Review in a separate mailing, a hard copy ?" Commissioner Krebs stated, "For me, as long as you send the information out, you don't have to do the whole Newsletter." Manager Smith noted, "It would save money if we didn't do the whole Newsletter and I don't bear this down to money because it is an important issue." Commissioner Krebs added, "I would definitely support just sending out documentation that pertains to the Charter changes." Commissioner Bonner remarked, "I wholeheartedly agree — you might call it a Special Edition that specifically focuses on this item alone, to prepare the Voters." Additionally, Commissioner Bonner suggested, "I think all of the other regular items that are contained in the Newsletter could continue to go out electronically and really this Special Edition, I fully support that." Commissioner Hovey recommended this not be added to the Utility Bills. "I MAKE A MOTION TO APPROVE ORDINANCE 2010 -19." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Attorney Garganese spoke for Record and stated, "Several months ago, the Commission approved an Ordinance proposing a Referendum question regarding Ad Valorem Tax Abatement authority and that needs to go on this Ballot as well." Attorney Garganese added, "If you don't mind, we will include that into the Referendum mail - out for the Charter Amendments that you just approved." Mayor Bush summarized, "We will leave it up to Kevin (Smith) to produce whatever document." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2010 PAGE 16 OF 21 ❖ d• AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED, FOLLOWED BY THE REGULAR AGENDA. THIS CONSENT AGENDA ITEM WAS ALSO REFERENCED ON PAGES 4, 5, 9, AND 16 OF THESE MINUTES. • :• ❖ CONSENT AGENDA CONSENT 201. Police Department REQUEST: Requests The Commission To Authorize The City Manager To Enter Into A Month -To- Month Contract With ATS (American Traffic Solutions) For The Automated Red Light Running Camera Enforcement System. FISCAL IMPACT: The New Flat Fee Services That Would Be Provided By ATS (American Traffic Solution, LLC) Is The Same Fee Offered To All Of Their Current Clients In The State Of Florida. Fees Are Based On Per Camera And Are As Follows; Flat Fee Per Camera Per Month Is $4,750.00, Plus Certified Mail Processing Surcharge Of $4.00 Per Piece Metered For Mailing Uniform Traffic Citations (No Return Receipt). COMMUNICATION EFFORTS: The City Commissions Regular Agenda Being Advertized Prior To The Meeting At Various Locations Throughout The City. RECOMMENDATION: Options 1. The City Commission To Approve The City Manager To Execute And Sign The Agreement Authorizing A Short Term Month -To -Month Contract With ATS (American Traffic Solution, LLC) Not To Extend Beyond October 31, 2010. Continue Dialogue With ATS (American Traffic Solution, LLC) To Either Reach A New Long Term Contract Or Other Options That Are Favorable To The City. 2. Take No Action Until An Acceptable Contract Can Negotiated Between Both Entities Which Would Cause A Temporary Loss Of The Program. 3. End The Services With ATS (American Traffic Solution, LLC) And Issue A New RFP (Request For Proposal) And Go Out To Bid For This Service. The City Commission Is Being Requested To Approve Optionl Listed In This Agenda Item. Attorney Garganese began the discussion on this Agenda Item and commented on the previous Agreement. Mayor Bush said, "The Manager has recommended Option l." Manager Smith stated, "That's correct." "I WILL MAKE THE MOTION THAT WE PROCEED WITH THE RECOMMENDATION." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2010 PAGE 17 OF 21 Discussion followed on Red Light Cameras in other cities. REGULAR AGENDA REGULAR 600. Not Used. REGULAR 601. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Requests The City Commission Consider The Health And Related Insurance Proposal For FY11 (Fiscal Year 2011). FISCAL IMPACT: If Both Plans And The New Subsidies Are Agreed To By The Commission The City's Health Care Cost Will Increase Annually By Approximately $60,000.00. If A Large Number Of Employees Sign Up For Plan 34, The City May Begin To Experience A Reduction In Its Cumulative Loss Ratio Which Is The Single Most Important Indicator Of Future Health Care Rate Increases. COMMUNICATION EFFORTS: Each Healthcare Plan Will Be Explained Thoroughly During Open Enrollment Starting On August 23"'. Final Employee Selections And Open Enrollment Will Be Concluded By September 30 (2010). RECOMMENDATION: The City Manager Recommends That The City Commission Approve: 1) The Florida League Of Cities' Florida Municipal Insurance Trust For FY11 (Fiscal Year 2011), Based On Their Submitted Plans. 2) City Offer Two Plans 38 (Base) And 34 (Buy- Down). 3) Authorize For The City Attorney And City Manager To Prepare And Execute All Contracts And Documents Necessary To Facilitate The Above Recommendations. Mr. Shawn Boyle, Director, Finance and Administrative Services Department presented this Agenda Item and noted that there was a typo on page 2 of the Agenda Item, "Right above `FISCAL IMPACT:' there is a typo — it says, where I was giving the explanation of the person breaking their leg, fifteen hundred dollars ($1,500.00) out of pocket max[imum]; that actually per family is three thousand dollars ($3,000.00), so the net savings there would be twenty -two hundred dollars ($2,200.00) approximately." Discussion continued on the Agenda Item and the Health Insurance Plans. Commissioner Hovey asked, "So employees can choose the Plan that they think they would like, and there is going to be somebody that is available to discuss with them, the different options ?" Mr. Boyle stated, "Absolutely." Open Enrollment was discussed next. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2010 PAGE 18 OF 21 Commissioner Krebs stated, "In the past they have asked for AFLAC® - it is no cost to the City, why can't we offer it? And I don't care how many of them we offer, why can't they just be allowed to choose whatever they want. If we are going to make them choose here, then why not allow them to choose that part of their benefit as well ?" Manager Smith then noted that, "Last year, the subject of employees desire to utilize AFLAC came to my attention. My response was if the employees want it, we're going to give it to them. But at the end of the day, after speaking with the Department Heads, it wasn't so much — my understanding, what I was told, it wasn't so much they were looking for the AFLAC® product, as they were looking for a specific product — an Accident Policy." Commissioner Krebs remarked, "I just feel like they are paying and they can be offered that choice, let us give it to them. They deserve it." Mr. Boyle remarked, "Absolutely." Further discussion. "MOTION THAT WE APPROVE STAFF'S RECOMMENDATION." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR 602. Public Works Department REQUEST: Requests The City Commission Review And Consider A Proposed Site Development Permit Agreement With Meritage Homes Of Florida, Inc. For Mass Grading At Sonesta Pointe. FISCAL IMPACT: No Funding Is Requested As Part Of This Agenda Item. Arbor Permit And Site Inspection Fees Will Be Collected For The Work To Be Performed Under The Site Development Permit Agreement. COMMUNICATION EFFORTS: Before Any Work Is Performed Under The Site Development Permit, The Applicant Will Notify The Surrounding Residents In The Adjacent Subdivision To The North, St. John's Landing. Staff Will Update The City Commission On The Status Of The Sonesta Pointe Project As Part Of The Community Development Department's Current Planning Project Status Informational Agenda Item. RECOMMENDATION: Staff Recommends The City Commission Review And Consider A Site Development Permit Agreement With Meritage Homes Of Florida, Inc. For Mass Grading At Sonesta Pointe, Subject To City Attorney Review And Approval, And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. Mr. Brian Fields, P.E., City Engineer, Public Works Department addressed the City Commission on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — AUGUST 9, 2010 PAGE 19 OF 21 Continuing, Mr. Fields stated, "The recommendation is conditioned upon Anthony's (Garganese) input and Final Approval that if he had comments that the Applicant did not agree with and that would be brought before this Board to review." Discussion followed on trees and site clearing. Mr. Michael D. Wadley, AICP, Carnahan Proctor Cross, 14 East Washington Street, Suite 500, Orlando, Florida.: introduced himself and stated, "What we're really asking for is to proceed with the work that has already been authorized by Water Management District because there is very little change to the Plan; and we're not working outside those areas that haven't been previously approved." Tape 2 /Side B Further comments. Discussion ensued with Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department. Commissioner Hovey stated, "What I don't want to see is what we have on the corner, behind the Bank of America." Mr. Stevenson added, "There is a Letter of Credit that is to allow us, should the project go south, that will allow us to step in and to implement a mitigation plan that again has been approved and has been somewhat modified by Mike (Wadley) and Staff to buffer specifically Tuscawilla and St. Johns Landing and I believe the other buffers are going to be left at this point, in place." Deputy Mayor Brown asked if the requested amount of the Letter of Credit was enough. Attorney Garganese said, "That is one of my questions. That needs to be beefed up and needs to be in there. If the Commission is going to make a Policy decision to let this project loose before you approve Final Engineering, we need to make sure it is an irrevocable Letter of Credit. We need to make sure that the terms clearly address that the City has a way to do it upon default." With further comments on the proposed Letter of Credit; the request by the Applicant; and why the City Commission was being put in this position. Attorney Garganese explained, "It's the Applicant's case to make before the Commission. This is an unusual request." Discussion. Mr. Clint Szubinski, Vice President, Meritage Homes, 5337 Millenia Lakes Boulevard, Suite 160 Orlando, Florida: commented on this project and their proposed sales timeline. Further discussion followed on mitigated risks, Policy, and deviating from Policy and setting precedents. Mr. Wadley noted, "This is different because this has been engineered, this is the third time. We have permits — South Florida Water Management District — that says you can start construction once your mitigation plan is implemented which we have and that construction initiation notices are given to those Agencies, which we're ready to do. What we're saying is we're not changing anything and Final Engineering has been Approved." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2010 PAGE 20 OF 21 Discussion followed on this project with Mr. Stevenson. Attorney Garganese noted "There are safeguards in the Agreement and one (1) of the other safeguards that hasn't been mentioned is that the Applicant, the Property Owner, Contractor agrees that if this gets Approved and they proceed with razing the property and do the Site Development work, and this Commission denies Final Engineering, then they are assuming all of the risk; and that provision needs to be in this Agreement, because under no circumstances do we want to take away the City Commission's discretion to Approve Final Engineering." Further comments. Attorney Garganese stated, "There are some technical concerns I have regarding this Agreement, some provisions need to be beefed up." Attorney Garganese added, "If the Commission is okay with allowing this to proceed, then it needs to be subject to my final technical revisions to the Agreement with the City Manager's oversight and blessing. Once we get those technical provisions worked out then the Manager would be authorized to execute the Agreement." Further, Attorney Garganese noted, "That would need to be a condition of the Motion because the Agreement is not in final form and there are a few little technical things I need to change; and there's also an issue regarding the alternative access point, when that's going to be available." Commissioner Bonner asked about Spine Road and stated, "I assume the clearing that is proposed will include clearing to create Spine Road. Is that correct ?" Mr. Fields responded, "Yes. It's included in the project." Mr. Wadley then explained, "It's called a four lot Plat, but we have that Plat in right now under review. We're also getting it across our land where it isn't across our land, because we have to come up (State Road) 434, but we're getting a right of access from the Schrimsher's and for the Brotherhood. So, we will have the road or we can't do it. So, that's on us to get that." Discussion ensued on the Applicant taking all the risk. "I WILL MAKE A MOTION TO APPROVE THIS ITEM `602' REQUEST FROM THE APPLICANT WITH THE ATTORNEY PUTTING ALL THE DUE DILIGENCE IN TO PROPERLY CRAFT THE LANGUAGE TO PROTECT THE CITIZENS -WITH THE ONE HUNDRED AND FORTY THOUSAND DOLLARS ($140,000.00) GUARANTEE." MOTION BY COMMISSIONER BONNER. COMMISSIONER BONNER ADDED, "AND TO EMPOWER THE MANAGER TO TAKE THE STEPS NECESSARY TO DO WHAT THE MANAGER NEEDS STAFF TO DO — EXECUTION OF THE AGREEMENT." SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — AUGUST 9, 2010 PAGE 21 OF 21 In other City business, Mayor Bush referenced a previous comment related to the Planning and Zoning Board/Local Planning Agency and stated, "It seems to me, that is something we should get right on." Manager Smith commented, "As soon as we are ready, we will bring it to you. I understand your desire to see it and we'll do that post haste." Lastly, discussion followed on the ownership of the property for the proposed Town Parke Apartments. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:14 p.m. RESPECTFULLY SUBMITTED: LORENZO-LUACES, MMC ERK APPROVED: R JOB FARJSI`I NOTE: These Minutes were approved at the August 23, 2010 City Commission Regular Meeting.