HomeMy WebLinkAbout2011 01 10 Consent 205 Approval Of December 13, 2010 Regular MinutesCITY OF WINTER SPRINGS, FLORIDA
CITY COMMISSION
MINUTES
REGULAR MEETING
MONDAY, DECEMBER 13, 2010 - 5:15 P.M.
CITY HALL — COMMISSION CHAMBERS
1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA
Mayor Charles Lacey
Commissioner Jean Hovey - Seat One
Deputy Mayor Rick Brown - Seat Two
Commissioner Gary Bonner - Seat Three
Commissioner Cade Resnick - Seat Four
Commissioner Joanne M. Krebs - Seat Five
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CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 2 OF 41
CALL TO ORDER
The Regular Meeting of Monday, December 13, 2010 of the City Commission was called to
Charles Lacey at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall,
Road 434, Winter Springs, Florida 32708).
Roll Call:
Mayor Charles Lacey, present
Deputy Mayor Rick Brown, present
Commissioner Jean Hovey, present
Commissioner Gary Bonner, present
Commissioner Cade Resnick, present
Commissioner Joanne M. Krebs, present
City Manager Kevin L. Smith, present
City Attorney Anthony A. Garganese, present
The Pledge of Allegiance followed a moment of silence.
Order by Mayor
1126 East State
Under Agenda Changes, City Attorney Anthony A. Garganese commented about a potential new Winter Springs
resident and noted, "There is a Title issue that came up regarding a replat that the City did about three (3) years
ago and their Title Company is requesting a Quit Claim Deed from the City in order to close and I can explain the
particulars if you want to Add this on when the Agenda Item comes up, or I'll just put it on the January Agenda."
City Manager Kevin L. Smith then added, "Speaking with Anthony ( Garganese), this is a potential resident in our
City that we are trying to help, so I would be amenable in asking you to consider that."
Commissioner Joanne M. Krebs said to Attorney Garganese, "Is this something that can be easily explained ?"
Attorney Garganese replied, "Yes." Commissioner Krebs commented, "I will hear it." Deputy Mayor Rick
Brown added, "Me as well."
Mayor Lacey asked the City Commission, "Is there any objection to adding on this item to the Agenda ?"
Commissioner Jean Hovey stated, "No." There were no objections voiced.
Attorney Garganese suggested, "Just put it at the end of the Meeting."
❖ ❖ AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEMS WERE
DISCUSSED NEXT, BUT NOT NECESSARILY IN THE ORDER DOCUMENTED. ❖ ❖
INFORMATIONAL AGENDA
Manager Smith asked, "I realize this is an Informational Item, but I would ask the Commission if they would be
willing to hear just a few brief comments regarding Informational '10 F from our Finance Director."
Deputy Mayor Brown and Commissioner Gary Bonner stated, "Yes." No objections were voiced.
INFORMATIONAL
100. Community Development Department
REQUEST: Advising The City Commission Of The Status Of Various Current Planning Projects.
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FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 3 OF 41
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In
This Agenda Item.
Commissioner Bonner inquired about the Ladybird Academy project and asked if there was anything planned for
a Ribbon Cutting Ceremony /Press Release. Additionally, Commissioner Bonner thought perhaps this could be
added to LDI's (Land Design Innovations, Inc.) list to consider.
Next, Commissioner Bonner asked if there were any other updates to the Sonesta Pointe project. Manager Smith
stated, "Yes" and then advised the City Commission of recent discussions related to this project. Further,
Manager Smith added, "A compromise situation I think is what you'll see coming forward to this Commission in
January."
Continuing, Commissioner Bonner asked about the Town Center Report and stated, "When you are traveling
south on Tuskawilla (Road), leaving the Town Center, if you wish to go to the west and take a right hand turn,
that little cut - through there between where the Christmas Tree is and the retail center - I know that some citizens
make the mistake of getting to the light and then, they make the wrong decision to take an illegal right hand turn."
Commissioner Bonner suggested, "Maybe we can move that right hand turn lane over to a more natural position
and vacate that space for more pedestrian use of the retailers — make that a little safer."
Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department commented, "Staff has got
that on our `To Do' list. Mr. Stevenson then added, "Putting that right turn lane as a right turn decel[eration] on
what would be the east side of the Park there and also that plays into trying to upgrade the wall, maybe do away
with the wall, put the archway over; a lot of different things we are trying to wrap into this plan. We will continue
our efforts on that, and try to bring you back a report on that."
Deputy Mayor Brown also spoke about the safety concerns of the intersection being discussed and stated,
"Making it an additional pedestrian area would I don't think, be the answer, but making it an area for take -out or
for a quick stop or what not, would certainly service those businesses there, no matter who owned them."
Discussion ensued on retail businesses in the community, including why the building which housed "Adorable
Kinders" was now available to be leased.
Commissioner Krebs commented, "There is another business in that area that is probably looking to leave because
they have outgrown their space and — this is one of the reasons that I wish we had our own Economic
Development team." Commissioner Krebs added, "Somebody needs to get with me and ask me who it is and
maybe you can do something about it."
Commissioner Bonner suggested, "Maybe an Agenda Item later." Further comments.
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INFORMATIONAL
101. Office Of The City Manager And Finance And Administrative Services Department
REQUEST: Transmitting The City's Fiscal Fourth Quarter /Year -End Financial Report For The 2010
Fiscal Year.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 4 OF 41
FISCAL IMPACT: The General Fund Will Not Require Any Funding Out Of Reserves For FY10
Operations.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Will Be Available On The City's Website, LaserFiche, And The
City's Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media /Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
available for the general public; and posted at five (5) different locations around the City.
RECOMMENDATION: It Is Recommended That The City Commission Review And Receive The
Attached Financial Report.
Mr. Shawn Boyle, Director, Finance and Administrative Services Department briefly addressed the City
Commission on economic and Pension issues and stated, "I think you guys have done an outstanding job."
Manager Smith added, "Shawn (Boyle) is referring to the conversations we had previously — we had somewhere
in the neighborhood of $1.6 million dollars appropriated this past Fiscal Year to come out of Reserves and
through the leadership of Shawn (Boyle), and through the leadership of our Department Heads and the efforts of
the entire Staff, we managed to turn that $1.6 million dollar utilization of Reserves into no utilization of
Reserves."
Continuing, Manager Smith stated, "And I just wanted to publicly take an opportunity to thank Shawn (Boyle).
He's been a great asset to the City. We're privileged to have him here. We thank every one of our Department
Directors who have worked tirelessly to buy in to what we're trying to do here to understand why it's important,
and to every member of our Staff who have done the same."
Mayor Lacey remarked, "Shawn (Boyle), Kevin (Smith), excellent job." Commissioner Krebs commented,
"Thank you Shawn (Boyle) for those kind words." With further comments, Commissioner Krebs added, "I like
what I see."
Commissioner Gary Bonner mentioned, "And I will echo Commissioner Krebs' comments and my compliments
to the Manager and to the Staff for the management of the stewardship of the citizens' Reserves."
Commissioner Hovey commented, "I too just wanted to echo what Commissioner Bonner and Commissioner
Krebs said; but I also want to know, are we going to send out a Press Release and tell everybody what a great job
you have done ?" Manager Smith responded, "We're working on that, as we speak."
INFORMATIONAL
102. Office Of The City Manager And Finance And Administrative Services Department
REQUEST: Providing The Investment Report For The Fourth Quarter Of Fiscal Year 2010 (Ending
September 30, 2010) As Prepared By PFM Asset Management LLC.
FISCAL IMPACT: The Weighted Average Yield At September 30, 2010 Is 0.71 %. The Weighted Average
Yield At June 30, 2010 Was 0.67 %. This Portfolio Has An Average Maturity Of Less Than One (1) Year.
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COMMUNICATION EFFORTS: The Investment Report Will Be Posted To The Website Within A Week
Of Acceptance.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 5 OF 41
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.
No discussion.
INFORMATIONAL
103. Parks And Recreation Department
REQUEST: Wishes To Inform The City Commission Regarding The Expenses /Revenue And Project
Summary From The 2010 Hometown Harvest Special Event.
FISCAL IMPACT:
$5,273.16 Expenses For Hometown Harvest Community Event
$2,235.00 Additional Expense From Budgeted Funds In 118 -56910 (Public Safety)
$7,508.16
$4,600.00 Sponsorships /Donations
$2,908.16 Loss
- $2,235.00 Public Safety
$ 673.16 Loss
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media /Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATIONS: Parks And Recreation Recommends That The City Commission Review The
Information Presented And Provide Further Direction As Needed. All Future Community Events Will
Strive To Cover All Expenses With Sponsorships.
This Agenda Item was not discussed.
INFORMATIONAL
104. Parks And Recreation Department
REQUEST: Wishes To Inform The City Commission About The 2011 Winter Springs Community
Events.
FISCAL IMPACT: Funds Are Budgeted In Account 118 -56910 For Public Safety. Program Promotional
Accounts As Sponsorships /Donations /Vendor Fees Are Collected.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 6 OF 41
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATIONS: Informational Only.
No discussion.
INFORMATIONAL
105. Office Of The City Clerk
REQUEST: Wishes To Inform The City Commission Of The Official Results From The November 2,
2010 City Of Winter Springs General Municipal Election.
FISCAL IMPACT: There Is No Fiscal Impact To Be Considered With The Approval Of This Agenda
Item.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: The City Clerk Respectfully Requests The City Commission Review And Accept
The Information Provided In This Agenda Item.
There was no discussion on this Agenda Item.
"MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER KREBS.
SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION.
VOTE:
COMMISSIONER BONNER: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER RESNICK: AYE
COMMISSIONER KREBS: AYE
DEPUTY MAYOR BROWN: AYE
MOTION CARRIED.
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CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 7 OF 41
CONSENT AGENDA 197M I
CONSENT
200. Public Works Department
REQUEST: Requesting Authorization To Increase The Construction Contingency On The City's Contract
With Wal -Rose, Inc. For The Solary Canal Regional Stormwater Treatment Area From 10% To 16 %.
FISCAL IMPACT: The Project Construction Is Funded 100% By The St. Johns River Water
Management District. In Accordance With The Terms Of The Construction Funding Agreement, The City
Invoices The District Monthly During The Construction Period And The District Reimburses The City
Within 45 (Forty -Five) Days Of Receipt Of An Approved Invoice. The District Has Paid All Invoices
Submitted To Date On Time.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media /Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
Furthermore, The Following Has Also Been Completed To Further Communicate The Information In This
Agenda Item:
1) At The Start Of Construction, Staff Mailed Construction Notices To All Surrounding Residents
Which Included Project Information And Contact Information.
2) A Project Information Sign At The Project Entrance Off Of DeLeon Street Has Been In Place Since
The Start Of The Project.
RECOMMENDATION: Staff Recommends That The City Commission Authorize An Increase The
Construction Contingency On The City's Contract With Wal -Rose, Inc. For The Solary Canal Regional
Stormwater Treatment Area From 10% To 16% And Authorize The City Manager And City Attorney To
Prepare And Execute Any And All Applicable Documents.
No discussion.
CONSENT
201. Public Works Department
REQUEST: Requesting Authorization To Amend The City's Engineering Services Agreement With
CH2M Hill For The Solary Canal Regional Stormwater Treatment Area Project In An Amount Not To
Exceed $30,470.00, Fully Reimbursable By The St. Johns River Water Management District.
FISCAL IMPACT: CH2M Hill's Design Services Are Funded 100% By The St. Johns River Water
Management District. In Accordance With The Terms Of The City's Funding Agreement With The
District, The City Invoices The District Monthly During The Construction Period And The District
Reimburses The City Within 45 Days Of Receipt Of An Approved Invoice. The District Has Paid All
Invoices Submitted To Date On Time.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 8 OF 41
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: Staff Recommends That The City Commission Authorize An Amendment To The
City's Engineering Services Agreement With CH2M Hill For The Solaiy Canal Regional Stormwater
Treatment Area Project In An Amount Not To Exceed $30,470.00, Fully Reimbursable By The St. Johns
River Water Management District, And Authorize The City Manager And City Attorney To Prepare And
Execute Any And All Applicable Documents.
There was no discussion on this Agenda Item.
CONSENT
202. Utility Department
REQUEST: Requesting Authorization For The Mayor To Execute A Utility Easement Granting Progress
Energy The Right To Install Service To The Oak Forest Pumping And Storage Facility.
FISCAL IMPACT: The Cost For Progress Energy To Extend Power To This Facility Is $19,613.76.
Sufficient Funds Are Budgeted In The Utility Enterprise Fund 3600 -62100 For This Expense. Expenditure
Of The Funds Would Occur Within 30 (Thirty) Days.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media /Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: Staff Recommends That The City Commission Authorize The Mayor To
Execute The Distribution Easement Granting Progress Energy The Right To Install Underground Power
Lines Through The Oak Forest Spray Fields For Service To The Oak Forest Pumping And Storage
Facility.
This Agenda Item was not discussed.
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CONSENT
203. Public Works Department
REQUEST: Requesting Authorization To Purchase One (1) Medium Dump Truck Ford F -450 By
Piggybacking Off Of Florida Sheriff's Association Bid 4 10 -18 -0907.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 9 OF 41
FISCAL IMPACT: The Vehicle Purchase Of $37,209.00 Is Within The $38,000.00 Budgeted Amount
Requested In Transportation Improvement Fund Line Code (104 - 64100). Insurance Proceeds Of
$23,206.00 Were Received For The Total Loss Of The Previous Vehicle. Expenditure Of The Funds Would
Occur Within 120 (One Hundred Twenty) To 180 (One Hundred Eighty) Days.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media /Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: Staff Recommends That Authorization Be Granted To Piggyback Off Of The
Florida Sheriffs Association Bid 910 -18 -0907 With Duval Ford For The Purchase Of One (1) F -450 Dump
Truck For The Public Works Department At A Cost Of $37,209.00 Payable From The Transportation
Improvement Fund - Vehicle Line Code 104 - 64100.
Commissioner Bonner suggested that instead of this Contract, to possibly consider purchasing a similar vehicle
through the Web.
Discussion followed with Mr. Kip Lockcuff, P.E., Director, Public Works /Utility Department on this option.
Manager Smith said, "I would like to have some level of comfort - that we are getting the most bang for our
buck." Mr. Lockcuff added, "We're in the middle of rewriting our Purchasing Policy, so maybe this would be a
good time to pull this and figure how to make that happen."
Commissioner Bonner offered, "My suggestion is to pull this item and ask you to bring it back before us in
January (2011)." Manager Smith noted, "I think just for the fourteen thousand dollars ($14,000.00) it certainly
warrants at least further consideration. Be happy to."
Mayor Lacey stated, "Why don't you just hold on to that Commissioner Bonner when we Move to Approve the
Consent Agenda, we will just take (Consent) `203' out."
Discussion followed on when this dump truck was needed.
CONSENT
204. Parks And Recreation Department
REQUEST: Requesting Approval For The City Manager To Enter Into A Contract Agreement With
Dawnalee Corporation Totaling $56,388.00 For Landscape Maintenance, And A Contract Agreement With
Power Exterminators, Inc. Totaling $13,980.00 For Chemical Services, Pursuant To Public Bid ITB
001 /11 /AG For The Winter Springs Neighborhood Parks.
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FISCAL IMPACT: Funding For Landscaping Maintenance Of The Winter Springs Neighborhood Parks Is
Currently Budgeted In The Parks And Recreation — Parks And Grounds Budget Line Code (7230 - 53186)
In The Amount Of $70,368.00.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 10 OF 41
COMMUNICATION EFFORTS: ITB# 001 /11 /AG Neighborhood Parks Landscape Maintenance Was
Broadcast To More Than 300 Bidders Throughout Central Florida Through Advertisements In The •
Orlando Sentinel, Demand Star And The City's Website Bid System. This Agenda Item Has Also Been
Forwarded To The Mayor And City Commission; City Manager; City Attorney /Staff; Placed In Press
Packets; Placed In The City Hall (Lobby) City Commission Meeting Binder; And Is Available On The
City's Website, LaserFiche, And The City's Server.
Further, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who
Have Requested Agendas /Agenda Item Information, All Homeowner's Associations On File With The City,
All Individuals Who Have Requested Agendas /Agenda Item Information, Department Directors; And Also
Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General
Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: Staff Recommends The City Commission Review And Approve A Contract With
Dawnalee Corporation For Landscape Maintenance At A Cost Of $56,388.00, And A Contract With Power
Exterminators, Inc. For Chemical Services At A Cost Of $13,980.00; Totaling $70,368.00 For One (1) Year,
For The Winter Springs Neighborhood Parks (ITB 001 /11 /AG). If Approval Is Granted Staff Recommends
The Commission Authorize The City Manager And The City Attorney To Prepare And Execute Any And
All Applicable Documents Required For This Project.
No discussion.
CONSENT
205. Community Development Department
REQUEST: Requests The City Commission Review And Approve The Updated Official Future Land Use
Map (FLUM) And Official Zoning Map.
FISCAL IMPACT: No Funding Required.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media /Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
Furthermore, Following The Adoption Of The Official FLUM (Future Land Use Map And Official Zoning
Map) And Official Zoning Map By The City Commission,
1) Staff Will Post The Updated Maps On The City's Web Site.
2) A Certified Copy Will Be Available For Public Display (As Outlined In Section 20- 102.), And
3) Paper And Electronic Copies Will Be Made Available For Public Purchase.
RECOMMENDATION:
P &Z (PLANNING AND ZONING) [BOARD] /LOCAL PLANNING AGENCY RECOMMENDATION:
At A Regular Meeting Of The P &Z /(PLANNING AND ZONING) Local Planning Agency Board Held On
December 1, 2010, The Board Voted Unanimously To Recommend Approval Of The Updated Future Land
Use Map And Official Zoning Map.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 11 OF 41
STAFF RECOMMENDATION:
Staff Recommends The City Commission Approve The Updated Future Land Use Map And Official
Zoning Map.
Related to this Agenda Item, Commercial Bonner asked, `Is there a reason it is `C -l', and not a `GID'
(GreeneWay Interchange District)?"
Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department replied, "I don't
know the history except for that it's always been `C -1' with Commercial Land Use." Ms. Sahlstrom then added,
"Could it be changed. Certainly. It would require a Large Scale Comp Plan Amendment to first change it to the
GreeneWay Interchange District, and then we could follow that with the change of the Zoning. The property
owner would need to be on board with that change. But we could proceed with the next Large Scale Amendment
process to move that forward and we can check with the County and see if they would support that."
Discussion.
Mayor Lacey commented, "I think the request is for you to come back and tell us the feasibility of doing that and
lay out a plan to tell the pros and cons of it." Ms. Sahlstrom replied, "Alright."
CONSENT
206. Police Department
REQUEST: Requests The Commission Accept The City's Portion Of The Federal Fiscal Year (FFY) 2010
Edward Byrne Memorial Justice Assistance Grant (JAG) Program Funds Totaling $5,809.00 And The
Expenditure Of Said Funds For Law Enforcement Programs Outline Below.
FISCAL IMPACT:
Revenues:
Grant Award -
$5,809.00
Expenditures:
COP Program equipment and uniforms -
$5,809.00
Net Impact FY 2011 on General Fund Budget:
$0.00
COMMUNICATION EFFORTS: This Agenda Item Has Been Distributed To The Mayor And City
Commission, The City Attorney, Department Directors, Placed In The Lobby Binder, And Will Be
Available On The City's Website, LaserFiche, And The City's Server.
RECOMMENDATION: The Police Department Recommends That The City Commission Approve And
Accept The City's Portion Of The Federal Fiscal Year (FFY) 2010 Edward Byrne Memorial Justice
Assistance Grant (JAG) Program Totaling $5,809.00 Which Is To Be Utilized For The Citizens On Patrol
Program.
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There was no discussion on this Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 12 OF 41
CONSENT
207. Office Of The City Clerk •
REQUEST: Requesting The City Commission Approve The November 10, 2010 City Commission Joint
Meeting With The City Of Oviedo Minutes.
FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media /Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The November 10,
2010 City Commission Joint Meeting With The City Of Oviedo Minutes.
This Agenda Item was not discussed.
CONSENT
208. Office Of The City Clerk
REQUEST: Requesting The City Commission Approve The November 15, 2010 (Rescheduled From
November 8, 2010) City Commission Regular Meeting Minutes.
FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media /Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The November 15,
2010 (Rescheduled From November 8, 2010) City Commission Regular Meeting Minutes.
No discussion.
CONSENT
209. Office Of The City Clerk
REQUEST: Requesting The City Commission Approve The November 22, 2010 City Commission Special
Meeting Minutes.
FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 13 OF 41
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The November 22,
2010 City Commission Special Meeting Minutes.
There was no discussion on this Agenda Item.
Mayor Lacey stated, "We are looking for a Motion to Approve the Consent Agenda, less (Agenda Item) `203'."
"SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS.
DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER BONNER: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER RESNICK: AYE
DEPUTY MAYOR BROWN: AYE
MOTION CARRIED.
❖ ❖ AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS WERE
HEARD IN THE ORDER DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA.
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
301. Office Of The Mayor
Presentation Of A Certificate Of Recognition To Mr. Bill Manooch, For Twenty -Six (26) Seasons Of
Valued Contributions To The City Of Winter Springs' Youth Sports Partnership.
Mayor Lacey presented a Certificate of Recognition for Mr. Bill Manooch for his valued contributions to the City
related to Winter Springs' Youth Sports Partnership.
Discussion.
AWARDS AND PRESENTATIONS
300. Finance And Administrative Services Department
Presentation By Mr. Steven Alexander with PFM Asset Management LLC. (Follow Up Presentation From
Informational Agenda Item "102 ".)
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Mr. Boyle introduced the next Agenda Item and Guest Speakers.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — DECEMBER 13, 2010 PAGE 14 OF 41
Mr. Steven Alexander, Managing Director; CTP, CGFO, The PFM Group, 300 South Orange Avenue, Suite 1170,
Orlando, Florida: addressed the City Commission.
Discussion.
Mr. David .Tang, CTP, Senior Managing Consultant, The PFM Group, 300 South Orange Avenue, Suite 1170,
Orlando, Florida: commented on the Local Government Investment Pool and Fund B (SBA [State Board of
Administration of Florida]).
Mr. Alexander further noted, "Based on the current amortization schedule and the way the cash flow is coming in
— it's probably going to be eight (8) or nine (9) years before you're able to receive all the cash back."
Tape 1 /Side B
Further discussion.
REPORTS
REPORTS
400. Office Of The City Attorney — Anthony A. Garganese, Esquire
Attorney Garganese stated, "The Spine Road Closing did occur on time so the City now owns the Spine Road
segment from State Road 434 to the middle of Phase II Town Center property; and then I also forwarded the
Commission and the Mayor an email last week advising you that Atlantic Housing (Partners, LLP) Appealed the
Commission's decision regarding their project. So, that is currently now in the Appellate process for the Circuit
Court."
Commissioner Bonner asked, "What's next? How does this proceed ?" Attorney Garganese replied, "For this
type of Appellate action, the City will wait until the Court issues an `Order to Show Cause' on the City, in which
case, once the Order is sent to the City, then we will have twenty (20) days in which to file a response to the
Petition that's been filed by Atlantic Housing (Partners, LLP). And then they will have an opportunity to reply to
the City's response, and then the Court will either have oral arguments or not, and then rule on the Appeal."
REPORTS
401. Office Of The City Manager — Kevin L. Smith
Manager Smith stated, "Regarding the City's contribution to the UCF (University of Central Florida) Incubator,
we spoke about that at the last Meeting and the Commission gave Staff direction to move forward. In reviewing
the Minutes, however, I just would like to ask for a clarification. There was an item that said that the Commission
thought an Agenda Item should be provided on this topic. I believe that was relative to Oviedo's potential
participation, but I just wanted to make sure that that in fact was the case, that we are moving forward. We've
prepared an Agreement, it's with UCF (University of Central Florida) right now and should be executing that in a
very short order; but the Agenda Item, I believe was again referenced to maybe potential Oviedo funding in the
future; but again, I just wanted to be sure. Do you all recall that ?"
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Commissioner Krebs and Mayor Lacey responded, "Yes." Commissioner Krebs then added, "That's exactly what
it was." Mayor Lacey commented, "That was pretty well settled at the last Meeting." Manager Smith noted,
"Just wanted to make sure. I didn't want to assume."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 15 OF 41
Next, Manager Smith remarked, "Regarding the Chamber and our Trustee Membership, the Commission
approved a three (3) year Trustee Agreement with the Chamber last year subject to available budget. The first •
year was paid last year. We're into the second year obviously and the Commission did appropriate five thousand
dollars ($5,000.00) for this purpose; however, I just wanted to bring it to the Commission's attention that that
second payment is now due, and before that payment is made, I just wanted to advise the Commission, that we —
intend to pay it short of any - contrary direction of this Commission."
Deputy Mayor Brown commented on some concerns he had with the latest Oviedo - Winter Springs Regional
Chamber of Commerce's newsletter.
With further comments, Deputy Mayor Brown explained "It really is a management issue in my opinion at the
Chamber that has yet to be dealt with by the Board. But, I think we need to get more vocal in making sure that
our Chamber represents us." Deputy Mayor Brown added, "And I think it should be a matter of discussion
between us and the Chamber before we Approve the next payment going to them." Mayor Lacey noted, "I think
we do need to do that."
Continuing, Deputy Mayor Brown suggested, "I think we need to get more active in the Chamber, up to, maybe
including having somebody to be at all the Meetings, the monthly Board of Directors Meetings and somebody
representing the City who is consistently at the luncheons and can look out for our interests. But, that is my
opinion.
Commissioner Cade Resnick mentioned, "If we are working on a partnership with Oviedo, as strong as we are
working on it, is there any way to direct that we have events that are on different days, so residents can go to both,
and then a situation like that would not necessarily occur."
Furthermore, Commissioner Resnick stated, "I believe the Board Meetings are in the evenings and if that is
something that nobody else would like, I would be happy to join those in the evenings at the Chamber." Mayor
Lacey mentioned, "They typically start at 5 o'clock (p.m.) on the second Tuesday. There will be one tomorrow."
Discussion followed on the City of Winter Springs' support for the Festival of the Arts event, a proposed
Committee being suggested by the Oviedo - Winter Springs Regional Chamber of Commerce, conflicting times of
events, and Oviedo - Winter Springs Regional Chamber of Commerce meetings conflicting with the Tri- County
League of Cities meetings.
Commissioner Krebs commented, "Unless there is not a Tri- County (League of Cities) meeting, I will be there.
But if there is a Tri- County (League of Cities) meeting, I won't be."
Further discussion followed on the Winter Springs' Festival of the Arts event and the City's contribution to the
Winter Springs' Festival of the Arts event.
Commissioner Bonner stated, "My sense of this as it boils down as most things do in life to communication and I
think if our Trusteeship investment includes board representation, shame on us for not sitting at the table. I think
Commissioner Resnick's offer to represent our body in that capacity is a good idea at improving communication
and representation. Out of sight, out of mind, shame on us. So, I support Commissioner Resnick's suggestion
about representing us in that way. Also, I know we will be seeing an Agenda Item later tonight about the
upcoming Economic Development efforts and that is another new way that we are going to have some
representation or some working together because there is a proposed Ex Officio role for the Chamber President.
Again, it's all about building relationships and I think Commissioner Resnick's suggestion about a Member of
this body filling that seat, if in fact that seat is entitled to membership."
Mayor Lacey stated, "Let me clarify. They have twenty five (25) Board members and they are reducing the
number, but the Cities and the Trustees don't have an automatic seat at the table and the Board. That would have
to be Voted in, but we can certainly attend as a member."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 16 OF 41
Deputy Mayor Brown remarked, "Maybe we need to lobby strongly, monetarily to change that." Commissioner
Bonner said, "Well, I certainly still support our membership being represented. If Commissioner Resnick is
interested in doing so, I absolutely support that." Mayor Lacey noted, "I think we may need to make sure that
Kevin (Smith) has the direction whether to issue the check or not."
Manager Smith stated, "Mayor and Commission, I would ask that we either go forward and pay the five thousand
dollars ($5,000.00) or perhaps if you all would like, we could invite the Chamber to our next Meeting in January
to have them face you all and we'll hold the five thousand dollars ($5,000.00) check until that point in time.
Whatever you see fit."
Mayor Lacey noted that he had spoken with the incoming President and commented, "He is devoted toward
keeping Winter Springs happy as a Trustee member."
Deputy Mayor Brown recommended, "I would entertain doing a Workshop with these folks so that it is a very
direct conversation - it is the only thing on the Agenda. We can look them in the eye without any other pressures
and say `Look, it is either changes or something else has to change." Commissioner Krebs stated, "Yes. I am
going to support Commissioner Brown on this."
Mayor Lacey commented, "I don't think a Workshop would be a bad idea. It seems like a little bit of overkill, but
there are some issues that have been festering for years that probably need to be brought out; because they don't
give Winter Springs the same as they do Oviedo. But on the other hand, the City of Winter Springs as well as the
businesses in Winter Springs don't have as much of a presence at the Chamber as we ought to, so there is some
quid pro quo and some sharing of the blame in this dysfunctional relationship. So, I think a good conversation
might be the right approach to it."
Continuing, Manager Smith added, "This conversation tonight is not the first time this body has had a similar
conversations. Just last year as we prepared to pay the five thousand dollars ($5,000.00), similar concerns were
raised." Deputy Mayor Brown then stated, "And I thought during that time, the conversation was around us not
getting Financial Reports, which I don't know when the last time you have seen any." Commissioner Krebs
commented, "Exactly. Have we seen any ?" Manager Smith replied, "Not since the last time you all had that
conversation." Commissioner Krebs stated, "Well, it is time for a Workshop."
Deputy Mayor Brown added, "The excuse that I got from the newsletter (issue) was that the Chamber sponsors
the Oviedo Christmas Parade and Tree Lighting."
Commissioner Bonner noted that he was not pleased to hear that we were not receiving Financial Reports and
added, "I do recall that the outgoing President came in and actually gave some attention to this matter — it is a
shame if it hasn't changed."
COMMISSIONER BONNER SAID, "I WILL GO ALONG WITH SUPPORTING THE SUGGESTION
THAT WE DO INVITE THEM FOR A WORKSHOP AND WE HOLD OFF ON THE PAYMENT
PENDING THE WORKSHOP."
COMMISSIONER HOVEY ASKED, "DID YOU MAKE THAT A MOTION BECAUSE I WILL
SECOND IT IF YOU DID."
"I WILL PUT THAT IN A FORM OF A MOTION THEN AS STATED." MOTION BY
COMMISSIONER BONNER. SECONDED BY COMMISSIONER HOVEY. DISCUSSION.
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MAYOR LACEY RESTATED THE MOTION BY SAYING, "THAT WE SCHEDULE A WORKSHOP
WITH OVIEDO - WINTER SPRINGS REGIONAL CHAMBER OF COMMERCE AND WITHHOLD
OUR NEXT ANNUAL DUES UNTIL THE SATISFACTORILY COMPLETION OF THE WORKSHOP."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 17 OF 41
CONTINUING, MAYOR LACEY REMARKED, "DO WE WANT TO TRY TO SCHEDULE A TIME
NOW OR WAIT UNTIL AFTER THE FIRST OF THE YEAR?" DEPUTY MAYOR BROWN AND
COMMISSIONER KREBS SAID, "LET'S WAIT UNTIL AFTER THE FIRST OF THE YEAR." THERE
WERE NO OBJECTIONS VOICED.
VOTE:
DEPUTY MAYOR BROWN: AYE
COMMISSIONER RESNICK: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER BONNER: AYE
MOTION CARRIED.
Next, Manager Smith commented, "Previously this Commission has suspended its rules regarding parking in the
street during the Holiday season. We've only had a Meeting most recently on November 15 so we are into the
Holiday season obviously, but we just ask if this body would be of that mindset this year ?"
Commissioner Hovey, Commissioner Krebs, and Commissioner Bonner said, "Yes." No objections were noted.
Mayor Lacey suggested that Manager Smith look into the on- street parking Ordinance that was Approved, in
terms of suspending it, and added, "As I recall, it actually provides for suspension by Resolution." Manager
Smith asked, "My understanding is that, yes, it does require a Resolution to do such..." Mayor Lacey added,
"...Things are a little bit different this year than in the past because we have a new Ordinance that governs this."
Chief of Police Kevin Brunelle stated, "Correct. It calls for suspension by Resolution but it also gives you the
right to do it for the Holidays." Manager Smith added, "If that's the case Mayor, this body is of the mindset to do
so. Anthony ( Garganese), could we prepare a quick Resolution ?" Attorney Garganese said, "We did that last
year." Attorney Garganese added, "I`ll clone it and just change the Resolution number."
"SO MOVED THAT WE DO THE RESOLUTION FROM LAST YEAR." MOTION BY
COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION.
MAYOR LACEY SAID, "THAT WE ADOPT LAST YEAR'S RESOLUTION AND I INFER THAT WE
ARE GOING TO SUSPEND ENFORCEMENT IMMEDIATELY."
CHIEF BRUNELLE ADDED, "AND WE'LL CONTINUE TO DO THE HEALTH, SAFETY ISSUE. IF
THERE ARE ANY PROBLEMS WITH THE PARKING, WE'LL STAY ON TOP OF THAT."
VOTE:
COMMISSIONER RESNICK: AYE
COMMISSIONER KREBS: AYE
DEPUTY MAYOR BROWN: AYE
COMMISSIONER BONNER: AYE
COMMISSIONER HOVEY: AYE
MOTION CARRIED.
Manager Smith then spoke of his upcoming schedule.
REPORTS
402. Office Of The City Clerk — Andrea Lorenzo- Luaces, MMC
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No Report.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 18 OF 41
REPORTS
403. Office Of Commissioner Seat Three — The Honorable Gary Bonner
Commissioner Bonner noted, "Just some quick thanks and appreciation to Staff. First of all to the Chief for a
terrific Explorer benefiting Golf Tournament and raising some money that was able to assist with another terrific
event, Shop With A Cop that just took place this past weekend. And of course the Tree Lighting was a real hit.
The numbers from my observation appeared to be up and that is a great trend for what our goal is - and well done.
Everyone had a great time."
Additionally, Commissioner Bonner commented, "So, thank you for those great events and engaging our
community."
REPORTS
404. Office Of Commissioner Seat Four— The Honorable Cade J. Resnick
Commissioner Resnick commented, "Just to echo the words from Commissioner Bonner, also the Shop With a
Cop event, that was my first time. Chief, for me it was a great event and would you pass on to the rest of the
Police Staff, they handled it really well. I felt really comfortable being there and we were well accepted from the
people at Walmart. Both the Staff that were there and the people that were shopping - we got some cheers for
what we were doing. So, definitely pass that along. Good job!
As for the Tree Lighting again, great event. Great experience being out there. Well coordinated, so Chris
(Caldwell, Interim Director, Parks and Recreation Department) and Chris (Carson, Recreation
Supervisor /Programs, Parks and Recreation Department)) and everybody else, thank you for that.
On another note, outside of here but in the area of education - I met with Representative Plakon who is in this area
involving education and there is going to be a Legislative Bill coming along so anybody here that is a parent,
anybody here who themselves might be involved in education, keep your ears and eyes on the press, and ears on
the news because there are going to be a lot of changes in the area of education, coming very soon."
Lastly, Commissioner Resnick commented about an article related to his background and suggested that if anyone
had any questions, to ask him personally.
REPORTS
405. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs
Commissioner Krebs referenced Commissioner Resnick's comments and said to Attorney Garganese, "When we
do want to pass something to the Commissioners, what's the right procedure for us to take? Do we send it to
them directly? I always thought we sent it maybe through either you or Andrea (Lorenzo - Luaces, City Clerk) so
that you could review it and see that somehow it would get passed; if we wanted it to be shared, we could request
it to be shared."
Attorney Garganese stated, "That has been the procedure that we've recommended rather than you all sending
information back and forth to each other regarding City business outside of a public meeting, we ask that you
send it to the City Clerk, or myself, or the Manager and say, `This is something of interest that could be shared
with the other Commissioners', and then it would be distributed to the Commission. There is some nuance
regarding position papers when you're dealing with issues.
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CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 19 OF 41
If the Commissioner wanted to prepare a position paper on an issue and they forwarded it to Andrea (Lorenzo-
Luaces) for example, and that was passed on to the other Commissioners, I would advise you at that point not to •
respond to that position paper unless you're in an advertised public meeting. But information, just like fact
gathering and passing information along, centralized through the Clerk's Office, or me, or the Manager."
Discussion
Next, Commissioner Krebs asked to see Chris Caldwell's logo on his shirt and said to Manager Smith, "It would
be nice if we could get colored logos. Look at this. Did everybody see this?" Commissioner Krebs then asked,
"Did LDI (Land Design Innovations, Inc.) do that ?" Manager Smith commented, "Staff can attest to the fact that
the logo conversation is on our Staff Meeting to do list and we've been working on that and we'll be back soon."
Commissioner Krebs stated, "But I do like it. I am just wondering if we all can get a change in something that is
kind of colorful." Manager Smith added, "Lot of good, new things happening in Parks and Rec[reation] these
days, Commission."
Continuing, Commissioner Krebs mentioned that she had received a lot of positive comments about the Holiday
Parade being after Thanksgiving which helped everyone enjoy the Thanksgiving holidays more and thanked Staff
for that.
Next, Commissioner Krebs asked why the Ordinance regarding Pain Clinics went to the Planning and Zoning
Board/Local Planning Agency, and inquired, "Was that because it had Land Use issues ?"
Attorney Garganese responded, "Yes. That is exactly why. It affects the right to initiate a Permitted Conditional
Prohibited Use, so because it affects Zoning, it needs to go to the LPA/P &Z (Local Planning Agency /Planning
and Zoning Board) for a recommendation to the Commission."
Commissioner Krebs then said, "And I suspected that; but because an Ordinance is a Law, I would have thought
that maybe there would have been legal representation there for questions from P &Z (Planning and Zoning
Board/Local Planning Agency) should there be as I understand there were some, but I don't know that Randy
(Stevenson) could legally answer them because he didn't have the legalese." Commissioner Krebs continued by
saying, "I don't know how the rest of the Commission feels, but when we have something like an Ordinance
going through that group and I don't think it happens that often, that we have at least some kind of legal
representation there should there be some kind of questions for that." Attorney Garganese stated, "Right."
Attorney Garganese added, "That has never been the direction from the Commission. I would be happy to Staff
that Board when necessary." Commissioner Krebs then added, "Well that is all it was - is when necessary, when
there is something like that." Attorney Garganese responded, "We can do that."
Continuing, Commissioner Krebs then added, "I would probably ask the City Manager - if there is a Consensus
among the Commission here." Manager Smith said, "Mayor, I would ask for a Consensus from the Commission
to expend funds to do that."
Mayor Lacey asked, "And you are referring to just issues that come up that are related to Ordinances not the
normal." Commissioner Krebs noted, "They would have to have a legal question, especially Ordinances that are
going to come before us, because those are going to be Laws."
Commissioner Bonner stated, "I think Commissioner Krebs is right on the money where our citizen volunteers are
to render an opinion to us and it does go into that legal realm. We really should provide the service for them so
that they can have the Counsel and I am going to expound on that and make sure that that includes all of our
citizens, any of our Boards, that if the other Boards were ever to be in a similar situation. So, I support that,
absolutely."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 20 OF 41
Mayor Lacey asked, "Is there a Motion ?" Commissioner Bonner asked, "Does that need to be in a form of a
Motion Anthony (Garganese) ?" Attorney Garganese replied, "Yes." Mayor Lacey added, "An expenditure of •
funds should be in the Record."
Manager Smith then inquired, "Would it be agreeable that maybe Anthony (Garganese) and I have some
discretion on when it would be applied or not."
Attorney Garganese said, "Some Ordinances are just so Planning oriented that our participation would be
extremely minimal; but on some of the more complicated items, I mean we would be happy to attend."
Commissioner Bonner mentioned, "Board Members and/or the Chair of each respective Board — do they have the
same privilege that we do to an advanced Agenda? Maybe we need a process where if they anticipate a legal
need, they could bring forward a request for service instead of asking the Manager or the Attorney to anticipate
the need - maybe we could ask the Board leaderships to make a request, and therefore, they are anticipating
questions; or do we need to provide the service for them because we anticipate the questions? Just trying to think
that through so, we don't needlessly utilize the service."
Attorney Garganese stated, "I'll work with the Manager's Office and make that determination with the Manager
and also talk to the Chairperson; and if the Chairperson feels as well that there is a need for an Attorney presence
at the Meeting, the Chair can always contact me or the Manager's Office and kind of let the Chair be the
barometer for the Board and let us be the barometer at the Staff level."
Manager Smith added, "We certainly want to be able to provide the resources that your Advisory Boards need to
properly advise you. Absolutely."
Commissioner Krebs said, "But I think the word `Ordinance' should send up a red flag and anytime you see the
word `Ordinance', then that should be looked at."
"I WILL MAKE A MOTION THAT THE CITY MANAGER - MEET WITH THE CITY ATTORNEY
REGARDING LEGAL REPRESENTATION AS NECESSARY IN THE FUTURE AT OUR BOARDS."
MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER BONNER: AYE
DEPUTY MAYOR BROWN: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER RESNICK: AYE
MOTION CARRIED.
Commissioner Krebs stated, "Next year, as most of you know, I am going to be First Vice President of the Tri-
County League of Cities and in that position, one of my positions is Legislative updates." Continuing,
Commissioner Krebs noted, "So, under my Seat, I thought maybe some of you might like some of those reports in
a brief summary as they come up, and I would appreciate anything from the City Attorney's Office that he may
come across that I might be interested in checking into or bringing back to the Commission." Attorney Garganese
remarked, "Okay."
Manager Smith stated, "We also get some updates regarding Legislative issues from Jim Linn, our Pension
Attorney, so I'd be happy to forward those to you also."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 21 OF 41
Commissioner Krebs then said, "Anything like that. Because one of the big things I think that Florida League (of
Cities) is really going to be big on the TABOR (Taxpayer Bill of Rights) issue that is out there." Mayor Lacey
added, "I get a very nice summary of legislative activity from Gray Robinson (P.A.) when the Legislature is in
Session, so I will forward those on to you. You can be our clearing house for all Legislative matters."
Commissioner Hovey asked Mayor Lacey, "Could you forward it to me too?"
Lastly, Commissioner Krebs wished everyone a Merry Christmas.
REPORTS
406. Office Of The Mayor — The Honorable Charles Lacey
Mayor Lacey stated, "We had CALNO (Council of Local Governments in Seminole County) meet here in the
City a couple of weeks ago and Commissioners Hovey and Resnick attended with me and we had light attendance
but our Chief came and gave an impressive presentation on `Operation Medicine Cabinet' and I was presently
surprised at the reception he got."
Manager Smith added, "I am very proud to say that it looks like we are out on the forefront of that issue and set
the lead through Anthony's (Garganese) Office and the Chiefs Office."
Chief Brunelle addressed the City Commission.
Mayor Lacey remarked, "Thanks for spending your evening with CALNO (Council of Local Governments in
Seminole County) Chief" Chief Brunelle responded, "Absolutely." Manager Smith stated, "I just wanted to
share that this Commission has taken the lead yet again." Mayor Lacey commented, "I noticed Oviedo is passing
an Ordinance at their last Meeting." Manager Smith added, "My understanding a lot are now following up with
similar Ordinances."
Further comments followed with Chief Brunelle.
Next, Mayor Lacey stated, "I was honored to be at the graduation class for the second Citizens Academy."
Discussion.
With further comments on the Citizens on Patrol (COPS) program, Manager Smith stated, "We are moving and
making progress there, so my kudo's to the Chief"
Mayor Lacey explained, "I also attended a meeting of the Central Florida partnership where they are gearing up
for a High Speed Rail campaign very similar to the group they brought together to oppose Amendment 4 and I
was there, mostly to listen. At some point, I would probably like to get some Consensus from this Commission as
to whether they think the City should be supporting, or neutral, or possibly in opposition to that effort."
Furthermore, Mayor Lacey mentioned that he went to Temple Israel yesterday and met the new Rabbi.
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Lastly, Mayor Lacey remarked, "To Commissioner Krebs point about Tri- County (League of Cities) and the
conflict with Oviedo - Winter Springs, I apologize publicly that I am not going to be there for the Tri- County
(League of Cities) meeting in January because of the direct conflict with the Oviedo - Winter Springs (Regional
Chamber of Commerce) - in this case, it is the `State of the City Address'."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — DECEMBER 13, 2010 PAGE 22 OF 41
REPORTS
407. Office Of Commissioner Seat One — The Honorable Jean Hovey
Commissioner Hovey asked about the status of the Brighthouse project on Moss Road. Brief comments.
Continuing, Commissioner Hovey then said, "Seminole County PTA (Parent- Teachers Association) is going to
have the Chief come and speak at one of their meetings about `Operation Medicine Cabinet', because while we
are right now the only City that does it, it is important for our parents to know what is going on."
Commissioner Hovey then commented on TABOR (Taxpayer Bill of Rights) and her concerns with it, and stated,
"You need to be aware. You need to contact your representatives. If they don't know who you are, you need to
let them know who you are and send them an email every day."
Lastly, Commissioner Hovey remarked, "The Parade was great." Commissioner Hovey also thought the Tree
Lighting event was nicely done, but heard a few comments that some people thought the Tree Lighting event
would begin at 6:00 p.m., instead of the 6:30 p.m. start, and the later time seemed to be tough on some families
with young children.
Tape 2 /Side A
Commissioner Bonner added, "Again, a terrific event." Continuing, Commissioner Bonner suggested that for
future events, the Christmas Tree boxes and decorations should be tied down so they did not blow away.
REPORTS
408. Office Of Commissioner Seat Two /Deputy Mayor — The Honorable Rick Brown
Deputy Mayor Brown thanked the City Commission and the community for the flowers and kind thoughts shared
with his family over the last couple of weeks.
Secondly, Deputy Mayor Brown mentioned that this Saturday is the Candy Cane 5K Run and as of this morning,
there were 357 registrants signed up for this event. Deputy Mayor Brown added that if they exceed 500 runners,
that that would put this 5K in the top five percent (5 %) of all 5K's in the country.
Deputy Mayor Brown then asked about the Scottish Highland Games.
Mr. Caldwell provided a brief update to the City Commission on this event; to which Deputy Mayor Brown
explained, "Business wise, we are major Sponsors, and I just haven't heard from those guys recently." Mr.
Caldwell responded, "I can ask."
Next, Deputy Mayor Brown said to Manager Smith, "Mr. Alexander mentioned getting the Reports from them —
can you add me to that list?" Manager Smith responded, "Yes."
Referencing Informational Agenda Item '104', Deputy Mayor Brown spoke on community events and noted, "It
is extremely encouraging now to see the financial position that we are maintaining; and looking at that list - the
success that we had with the Hometown Harvest and coming in almost at a break -even which I think was a great
tribute to City Staff for making that happen; and second is that we have a huge gap between February and July
where we typically have had a Philharmonic Concert in some past years with some kind of event going on in the
March/April time frame — did we want to entertain doing something like that again ?"
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Manager Smith commented, "The Commission had previously talked about four (4) events, including a Spring
event. My request to you all at Budget Workshops this past year was that we forgo that event this year and wait
and come out strong when our new amphitheater is built in the following Spring time frame."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 23 OF 41
Discussion.
Commissioner Bonner noted, "I also applaud our fiscally conservative approach to events and I know we have
citizens that have been helping out in that regard as well." Continuing, Commissioner Bonner suggested, "That
citizen Committee, allow them to work with Staff which is the way I envision the process working. Let them let
us know — if it will fit this year or not. I personally would like to hear — let our citizens address that and if the
answer is `Yes', and they can work out the numbers, that sounds great. If the answer is `Not right now', but we
will get back to you next year, that is fine too."
Commissioner Krebs remarked, "I don't disagree with that. I do think that though, our Boards take direction from
us and so — when we say we would like to see something during this period of time, then it would be appropriate,
I believe, that it go to the Boards and then they come up with something."
Discussion followed on a Navy Band that performed at a previous 4 1h of July event, or similar type entertainment;
and related funding for such an event.
Manager Smith offered, "I would suggest Mayor and Commission, that if this Commission is of the mindset that
we potentially do something this Spring season, give Staff and I the opportunity to go back and bring something
forward to you all in an Agenda Item for your consideration."
Deputy Mayor Brown also thought that the City Commission should advise their Boards of any interest the City
Commission has in holding a particular event, and then letting the Boards assist.
Mayor Lacey asked Manager Smith, "Are you optimistic that you have Staff time and funds available that don't
dip into the Reserves ?" Manager Smith responded, "I would like to have again, the opportunity to see what we
can find - and there will obviously be some costs." Manager Smith added, "It's going to depend on, as
Commissioner Krebs talked about, what we can find as far as some type of appropriate entertainment that is
affordable. As far as raising donations and sponsorships, we've got our work cut out for us; because we've tried
to focus the majority of our efforts moving forward on 4 th of July. So, I hate to detract from that again..."
Commissioner Krebs said, "...No don't."
Mayor Lacey commented, "That is part of my concern. You are staffing down to the right size for the City. I
want to make sure that you have Staff time as well as the dollars to do this." Furthermore, Mayor Lacey noted,
"My request is that you do that evaluation when you come back to us, that we understand what the costs are to us
in all respects."
Commissioner Hovey suggested that Staff check with the high school and Indian Trails Middle School for the
availability of their Orchestras. Mr. Caldwell remarked, "That is a very good suggestion. We would actually
look at what is out there in the community — nearby that wouldn't cost us a lot of money. Maybe we could
partner up with someone that is already performing or doing something locally, and we would look into that
option."
Deputy Mayor Brown added, "Absolutely nothing should come out of Reserves and all events should be revenue
neutral."
Deputy Mayor Brown then mentioned his schedule.
PUBLIC INPUT
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No one spoke.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 24 OF 41
Referring back to the last discussion about a possible Spring event, Manager Smith asked for clarification and
said to the City Commission, "Am I going to research it or not ?" Commissioner Krebs and Commissioner Hovey
stated, "Yes." Mayor Lacey added, "I believe you are." No objections were voiced.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Public Works Department
REQUEST: Requesting The City Commission Approve On 2 " Reading Ordinance 2010 -24 — Extension Of
The Solid Waste Franchise Agreement.
FISCAL IMPACT: The Franchise Agreement Extension Maintains The Current Monthly Residential
Rate Of $18.10 For An Additional Four Years (Nine Years Total With No Increase) With Only A Slight
Decrease To The Solid Waste Fund Reserves Consistent With The Pro Forma.
Shifting The Residential Roll Offs To An Open Market May Provide Cost Reductions To Residents
Undertaking Home Improvement Projects.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media /Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
Furthermore, The Following Has Also Been Completed To Further Communicate The Information In This
Agenda Item:
1) The Notice Of The 2nd Reading Of Ordinance 2010 -24 Was Duly Published In The Orlando
Sentinel On December 2, 2010.
RECOMMENDATION: It Is Recommended That The City Commission Hold A Public Hearing And
Approve On 2 " d Reading Ordinance 2010 -24 Which Adopts An Addendum To The Solid Waste Franchise
Agreement With Waste Pro Of Florida, Inc., Extends The Term For Four More Years, And Makes Other
Miscellaneous Amendments.
Attorney Garganese read the Ordinance by "Title" only.
Mr. Kip Lockcuff briefly spoke on the legal advertisement for this Ordinance.
Mr. Shawn Boyle explained, "First of all, things that we were doing for the replacement of recycle bins but not
totes, is we actually did have it up on the Website, on the Winter Springs' Website under `Questions' and
answers. And we also did have a full page fact sheet that was available to all new customers.
Rolling forward, some of the things that we thought we could do to expand customer service — working closely
with Commissioner Bonner, simply we're going to print stickers - and we're to place them on the recycle bins so
that when people have a broken one, they'll know exactly what phone number to call for replacement. Second is
and you've probably already seen this, we had the billboard running and it has a phone number for individuals to
call and replace, and we've had a considerable response to that. We've had several people exchange them.
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CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 25 OF 41
We're also running a comment on the Utility Bills themselves, it will probably be effective in February. It will be
for all four (4) cycles; it will have again the same repeat information of how to replace a recycle bin if you need •
one (1) replaced. We're also going to include a news article in the Newsletter that we produce, that will walk
people through the process of the recycle bin and the totes, if they need replacement."
Mr. Boyle then reviewed changes to the City's Website and such changes were shown to those in attendance
Mr. Lockcuff and Mr. Boyle thanked Mr. Tim Dolan of Waste Pro of Florida for his assistance.
Mr. Boyle added, "I think we have expanded the customer service aspect of it considerably. We appreciate the
comments that were made. We won't rest on our laurels, we will continue to improve. I think there were a
couple of other comments that we're looking into the practicality of implementing those too."
Commissioner Krebs thanked Mr. Dolan and asked if the sticker be included in the Utility Bills. Mr. Boyle said,
"We can certainly do that. There will be a cost, but we can take a look at it and see what the costs associated with
that would be." Related to Commissioner Krebs' comments, Commissioner Hovey thought this might help draw
customer's attention to any messages included in Utility Bills.
Next, Commissioner Hovey thanked those involved with the replacement of her broken trash receptacle.
Commissioner Bonner remarked, "I want to also extend my appreciation to Staff and Waste Pro (of Florida) for
your response to these challenges." Commissioner Bonner added, "Directionally, excellent work Staff. And, it is
the kind of response that I look for in a valued vendor partner so I also want to compliment Mr. Dolan's
organization for stepping up to work with our Staff to help us provide a better customer service experience, and
you are absolutely right, do not rest. Keep moving forward in the spirit of customer service; so well done. Thank
you." Deputy Mayor Brown also agreed and said "Thank you very much."
Franchise renewal costs were briefly addressed next.
Manager Smith also thanked Mr. Dolan and Waste Pro of Florida.
Mayor Lacey opened the "Public Input" portion of the Agenda Item.
No one spoke.
Mayor Lacey closed the "Public Input" portion of the Agenda Item.
"MOTION TO APPROVE (ORDINANCE 2010 -24)." MOTION BY COMMISSIONER KREBS.
SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION.
VOTE:
COMMISSIONER RESNICK: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER HOVEY: AYE
DEPUTY MAYOR BROWN: AYE
COMMISSIONER BONNER: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 26 OF 41
PUBLIC HEARINGS
501. Office Of The City Attorney •
REQUEST: Requests That The City Commission Pass On Second Reading Ordinance No. (Number)
2010 -22, Which Declares A Moratorium As To The Filing And /Or Receiving Of Any Application For, Or
The Issuance Of, Business Tax Receipts Or Land Use Approvals, Regarding The Operation Of "Pain
Management Clinics" For Two - Hundred And Seventy (270) Days.
FISCAL IMPACT: There May Be A De Minimis Fiscal Impact Associated With Passage Of This
Ordinance Since The Ordinance Prohibits The City From Accepting Payments Of The Business Tax For
Pain Management Clinics During The Moratorium Time Period.
COMMUNICATION EFFORTS:
RECOMMENDATION: The City Attorney Recommends That The City Commission Pass Ordinance
2010 -22 On Second Reading.
Attorney Garganese read the Ordinance by "Title" and explained, "After the first Reading of this Ordinance,
Orange County as noted in the Agenda Item, took up this same issue and under their rules of procedure, they
adopted a Moratorium on Pain Management Clinics." Attorney Garganese added, "Orange County adopted two
(2) additional provisions to their Moratorium Ordinance. One was to prohibit cash only transactions in these
establishments, as well as regulating the hours of operation to between 7:00 a.m. and 9:00 p.m. As a result of
these two (2) operational aspects of the Moratorium, I talked to the Police Chief regarding this to try to stay ahead
of the curve a little and that since Orange County is imposing these requirements, it's probably beneficial — and
advisable that the City also adopt the same restrictions in its Moratorium."
Chief Brunelle addressed the City Commission on issues related to this Ordinance.
Mayor Lacey opened the "Public Input" portion of the Agenda Item.
No one spoke.
Mayor Lacey closed the "Public Input" portion of the Agenda Item.
MOTION TO APPROVE ORDINANCE 2010 -22. MOTION BY DEPUTY MAYOR BROWN.
SECONDED BY COMMISSIONER HOVEY. DISCUSSION.
VOTE:
COMMISSIONER HOVEY: AYE
COMMISSIONER RESNICK: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BONNER: AYE
DEPUTY MAYOR BROWN: AYE
MOTION CARRIED.
REGULAR AGENDA
REGULAR
600. Office Of The City Manager And Community Development Department
REQUEST: Requests The Commission Review And Approve An Interlocal Agreement With The City Of
Oviedo Establishing A Joint Economic Development Task Force Serving Both Oviedo And Winter Springs
And Authorize The Mayor To Execute Said Interlocal Agreement.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — DECEMBER 13, 2010 PAGE 27 OF 41
FISCAL IMPACT: As Stated Above, The City That Appoints The Chairperson Shall Have The
Administrative Responsibilities Relative To The Task Force Such As Preparation Of Agendas And Meeting
Notices; The Taking Of Minutes; And Related Clerical And Logistical Matters. In The Joint Meeting, It
Was Agreed That Winter Springs Would Appoint The First Chairperson, To Serve Until December 31,
2012. The City Clerk Has Estimated The Costs For Performing These Duties At Approximately $770.00
Per Meeting. The City Manager Will Seek A Reallocation Of Current Budgeted Funds To Cover The City
Clerk's Cost Of Supporting The Meeting Of The Joint Economic Development Task Force.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION:
Staff Recommends That The City Commission:
1. Approve The Interlocal Agreement Establishing With The City Of Oviedo Establishing The Joint
Economic Development Task Force.
2. If The Commission Approves The Interlocal Agreement, Staff Recommends That The Commission
Appoint John Bush As Winter Springs' At -Large Member To The Task Force.
3. Pursuant To Previous Discussions At The Joint Meeting With The City Of Oviedo And Per The
Actions Taken By The Oviedo City Council At Their Regular Meeting On December 6, 2010, Staff
Recommends The Commission Confirm The Remaining Membership Of The Task Force As Enumerated
Above. If The Commission Confirms The Individuals Listed For Membership, Staff Will Work With The
City Of Oviedo To Contact These Individuals And Make Formal Requests That They Serve On The Task
Force.
Mayor Lacey commented on the Agreement and noted that Oviedo's Mayor Dominic Persampiere and former
Winter Springs' Mayor John F. Bush "Would like to have a fourth Ex Officio member be in the Agreement and
that would be the Seminole Regional Chamber of Commerce, its' Chairman or designee."
Commissioner Bonner stated, "I support that." No objections were noted.
Discussion followed on administrative support for the new Joint Economic Development Task Force. Related to
forthcoming meetings, Manager Smith remarked, "The result and the prize here is so huge - that being Economic
Development, so my opinion is we don't want to do anything to stifle the Committee's approach; however, I
would ask that they be as efficient as possible and have the meetings as only as often as they need to do their good
work."
Office of the City Clerk staffing; work demands and responsibilities; Economic Development funding; possible
temporary staffing; Records Management; and workload issues were addressed next.
Tape 2 /Side B
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Further discussion ensued on staffing and related costs.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 28 OF 41
Manager Smith commented on the City's fiscal health and noted that other Departments need additional Staff
also. Manager Smith then mentioned, "The goal is to reduce head count because that's seventy percent (70 %) of
our costs." Furthermore, Manager Smith added, "That doesn't mean that at times you don't allocate current
resources to different jobs. That would be my first goal is to look at jobs that we have right now and see if they
have outlived their usefulness."
Manager Smith then suggested, "Reducing our number of boards may be a better approach, maybe some Boards
have outlived their usefulness and now a BPAC (Bicycle and Pedestrian Advisory Committee), a Parks and
Rec[reation] (Advisory Committee), and a (Joint) Economic Development [Task Force] Board are more useful
Boards to this Commission; so, maybe there is a sweet spot of the number of Boards that - the Clerk's Department
can handle with her current staffing and anything beyond that we need additional Staff, and so on and so forth."
Additionally, Manager Smith added, "My recommendation would be that we identify a number of Boards that we
can handle with our current head count and stick to that. If we don't do that, I would look to say maybe there is a
temporary time frame that we could hire an additional position with a date certain and take that approach; rather
than having an ongoing full -time position. I would look to alternative ways to reduce the Clerk's workload, rather
than add head count."
Commissioner Bonner complimented Manager Smith on his fiscal concerns and stated, "I absolutely support
everything that you are saying and it is the fiscally responsible and conservative position that I always want you to
articulate; so very, very well done and right on point."
With further comments, Commissioner Bonner remarked, "I wish to appropriately resource Economic
Development as the priority for the City; therefore we must appropriately in my view, support this new
organization who quite frankly we are counting on to deliver that for us; and that includes the human resource
necessary or the clerical resource - to accomplish that." Additionally, Commissioner Bonner said, "All other
options should be exhausted before we make the critical decision of adding a head count. I absolutely agree with
that."
Next, Commissioner Bonner added, "My position on this is to have the Manager and the Clerk get together and
bring us back a solution at our very next Meeting, that is going to provide the clerical resources that are going to
be so vital to the success of this Task Force."
Further comments.
Commissioner Resnick commented on temporary staffing issues, and suggested that the City Clerk could also
personally advise the City Commission about her workload.
With additional discussion, Commissioner Krebs noted, "I am okay with Andrea (Lorenzo - Luaces) sitting down
with Kevin (Smith) but I want there to be a solution. I mean, I think everybody here wants there to be a solution;
not just, `Well, we have come back', and not three (3) months from now. This is something that needs to happen
immediately and be taken care of, so that we can make our decision."
Further comments followed on the City's Boards and Committees and the new Joint Economic Development Task
Force.
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Deputy Mayor Brown stated, "I am okay with them working out a solution, but I would like that solution to come
back with a date certain." Deputy Mayor Brown added, "You said the next Meeting, I think that is perfectly fine
with me." Deputy Mayor Brown added, "Let's set a date certain and let us see what they come back with."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 29 OF 41
Manager Smith stated, "While I agree with Commissioner Krebs and you all that you all have a responsibility to
Andrea (Lorenzo - Luaces), but you also, I would think you would have a responsibility to me and to the •
individuals that work for me, and I can look at Directors out here, who I know have needs, and I have told them
`No'." Manager Smith added, "I have told every one of them `No. You figure out a better way. You do more
with less'." Continuing, Manager Smith said, "I would respectfully ask you to understand that I have
responsibilities to those folks."
Discussion followed on actions of the City Commission, the City Manager and his Department Directors, and the
merits of Economic Development.
Manager Smith then noted, "Just so I understand the parameters that I'm working with, if I may, entertaining
reduction in the head count of Boards is not an option ?" Deputy Mayor Brown stated, "Yes it is." Mayor Lacey
also said, "Yes." No objections were voiced.
Manager Smith explained, "I would hope that the Commission would respect that I think there is a sweet spot of
the workload for the Clerk and that perhaps, this is an important Board now and maybe priorities are shifted, so
that is a potential option to entertain." Deputy Mayor Brown commented, "How often they meet - there are some
that would maybe like to meet annually." Commissioner Krebs remarked, "It could be any combination."
Deputy Mayor Brown then said to Manager Smith, "I think you have an open door to do whatever you need."
Commissioner Hovey asked Manager Smith about the option of Volunteers for any Departments that could use
assistance. Manager Smith explained, "We utilize that option extensively." Commissioner Hovey then said to
Manager Smith, "If we know anybody that is interested, they could contact you ?" Manager Smith responded,
"Sure."
With further comments, Commissioner Bonner said to Manager Smith, "Once again, you are articulating the
mission perfectly. You are challenging and you are delivering our message which is now, `Do more with less.
Invent. Re- invent. Re- develop'. So again, you are spot on with the message."
Regarding possible solutions, Commissioner Bonner then noted, "Nothing is off the table." Additionally,
Commissioner Bonner commented to Manager Smith, "You and Andrea (Lorenzo - Luaces) deserve the
opportunity to assess everything and bring forward an answer to this clear direction. The clear direction is we
must resource this effort."
Discussion.
Mayor Lacey remarked, "I would hope that the answer is not that we need another forty thousand dollar
($40,000.00) resource. I think this is a classic case of prioritizing our needs and we have stated that we have a
need to support the Economic Development Task Force and we should put that in comparison with all of the other
things that the Clerk's Office does, and see what things are less important than this, that can drop off." Further
comments.
"I WOULD LIKE TO MOTION FOR THE APPROVAL OF ITEM `600'." MOTION BY
COMMISSIONER BONNER.
MAYOR LACEY ASKED, "WOULD YOU MAKE THAT APPROVAL TO INCLUDE THE FOURTH
EX OFFICIO MEMBER?"
COMMISSIONER BONNER NOTED, "AND I WILL MAKE THAT APPROVAL
RECOMMENDATION WITH THE INCLUSION OF THE FOURTH (EX) OFFICIO MEMBER FROM
SEMINOLE COUNTY CHAMBER (OF COMMERCE) ?"
SECONDED BY COMMISSIONER HOVEY. DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 30 OF 41
MAYOR LACEY RESTATED THE MOTION AS, "TO APPROVE THE INTERLOCAL AGREEMENT
WITH THE ADDITION OF SEMINOLE REGIONAL CHAMBER (OF COMMERCE) AS A FOURTH
EX OFFICIO MEMBER."
VOTE:
COMMISSIONER HOVEY: AYE
COMMISSIONER BONNER: AYE
COMMISSIONER KREBS: AYE
DEPUTY MAYOR BROWN: AYE
COMMISSIONER RESNICK: AYE
MOTION CARRIED.
Mayor Lacey stated, "Oviedo has Appointed their general Appointment At Large - Mr. (Robert) Brancheau."
Furthermore, Mayor Lacey remarked, "It has been discussed and I assume, still the will of this Board that our At
Large Appointment will be Chair, is going to be former Mayor (John) Bush.
Discussion followed on the Metro EDC (Metro Orlando Economic Development Commission) and their
organization, to which Mayor Lacey noted, "Brian Walters who is the Manager in charge of that group, and he
would like to personally be the one to represent Metro EDC (Metro Orlando Economic Development
Commission) on our Task Force; so I would recommend him as a Nominee. The two (2) UCF (University Of
Central Florida) positions - Oviedo approved Cynthia Sucher as their Nominee and they have sent a letter to
Helen Donegan requesting her to authorize that."
Further, Mayor Lacey commented, "I think we have all the Appointment lined up, with the exception of Seminole
State College, and what Oviedo is doing is sending a letter to Ann McGee asking for her recommendations, so I
think we need to defer to that." Mayor Lacey also mentioned Lenny Portelli as a possible representative from
Seminole State College, and then said, "The way it is expressed in the Interlocal is basically the Senior Staff
designee of the Commission, so I think we just need to send a letter to (Commissioner) Brenda Carey asking the
Chair to bring it to the Board of County Commissioners to Approve their recommendation."
Deputy Mayor Brown asked if it would be helpful to ask for bio's for the individuals the Commission is
unfamiliar with. Commissioner Krebs thought that was good idea.
Mayor Lacey asked which individuals should bio's be requested for, to which Deputy Mayor Brown suggested,
the Seminole State College representative, and the representative from the Metro Orlando Economic Development
Commission.
"I APPOINT JOHN BUSH." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY
MAYOR BROWN. DISCUSSION.
MAYOR LACEY RESTATED THE MOTION AS, "JOHN BUSH TO BE THE WINTER SPRINGS' AT
LARGE APPOINTMENT."
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER BONNER: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER RESNICK: AYE
DEPUTY MAYOR BROWN: AYE
MOTION CARRIED.
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"I NOMINATE ED SCHONS." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY
COMMISSIONER HOVEY. DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 31 OF 41
MAYOR LACEY SUMMARIZED ED SCHONS "TO THE UCF (UNIVERSITY OF CENTRAL
FLORIDA) POSITION, FROM GOVERNMENT RELATIONS."
VOTE:
COMMISSIONER RESNICK: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER HOVEY: AYE
DEPUTY MAYOR BROWN: AYE
COMMISSIONER BONNER: AYE
MOTION CARRIED.
Next, Mayor Lacey explained that the City of Oviedo had Nominated Ms. Cynthia Sucher, but that as this is a
joint Appointment, the City of Winter Springs would also need to vote on this Appointment.
"I WOULD LIKE TO NOMINATE CYNTHIA SUCHER." MOTION BY DEPUTY MAYOR BROWN.
SECONDED BY COMMISSIONER BONNER. DISCUSSION.
MAYOR LACEY SUMMARIZED - CYNTHIA SUCHER "TO THE UCF (UNIVERSITY OF CENTRAL
FLORIDA) COMMUNITY RELATIONS."
VOTE:
COMMISSIONER HOVEY: AYE
DEPUTY MAYOR BROWN: AYE
COMMISSIONER RESNICK: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BONNER: AYE
MOTION CARRIED.
Deputy Mayor Brown further mentioned the bio's and Mayor Lacey remarked, "I will take it on to get the bio's
and distribute them through the Clerk's Office."
REGULAR
601. Community Development Department - Urban Beautification Services Division
REQUEST: Requesting That The City Commission Review And Approve An Interlocal Agreement With
The U.S. 17 -92 Community Redevelopment Agency (CRA) For The Shepard Road Streetscape Project,
Funded From The CRA (Community Redevelopment Agency) Redevelopment Trust Fund (RTF), In The
Amount Of $546,623.58, And Authorize The Expenditure Of $44,737.00 To Bellomo- Herbert & Company,
Paid From Proceeds Of The RTF (Redevelopment Trust Fund), For Continued Professional Services For
The Project.
FISCAL IMPACT: The Project Will Be Funded From The CRA (Community Redevelopment Agency)
RTF (Redevelopment Trust Fund) In The Amount Of $546,623.58, Which Includes The Cost Of Two (2)
Years Maintenance Of Landscaping And Street Lighting, Paid To The City As Follows:
Project Start
50% Completion
Completion
Year 1— Maintenance
Year 2 — Maintenance
$176,874.52 Paid To The City From RTF
$176,874.53 Paid To The City From RTF
$176,874.53 Paid To The City From RTF
$8,000.00 Paid To The City From RTF
$8,000.00 Paid To The City From RTF
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TOTAL $546,623.58
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 32 OF 41
Once The Project Has Been Competitively Bid In The Marketplace, Staff Will Bring The Recommended
Lowest Qualified Bidder To The Commission For Approval To Proceed With Construction Of The Project.
COMMUNICATION EFFORTS: 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. Further,
Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have
Requested Agendas /Agenda Item Information, All Homeowner's Associations On File With The City, All
Individuals Who Have Requested Agendas /Agenda Item Information, Department Directors; And Also
Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General
Public; And Posted At Five (5) Different Locations Around The City.
1. Staff Has Sought Feedback From The Following Landowners, A Business, A School And
Homeowner's Groups Located In And Around The Project Area:
A. Dittmer Aluminum
B. Highlands Elementary School
C. The Highlands H.O.A. (Homeowner's Association)
D. Wildwood H.O.A. (Homeowner's Association)
2. The Beautification Of Winter Springs Advisory Board Has Been Provided Copies Of The
Preliminary Plans And Will Be Working With Staff On The Final Plant Selections And Implementation Of
The Project.
RECOMMENDATION: City Staff Recommends The City Commission Approve An `Interlocal
Agreement' (Attachment `A) With The U.S. 17 -92 Community Redevelopment Agency (CRA) For The
Shepard Road Streetscape Project, Funded From The CRA (Community Redevelopment Agency)
Redevelopment Trust Fund (RTF) In The Amount Of $546,623.58, And Authorize The Expenditure Of
$44,737.00 To Continuing Services Vendor Bellomo- Herbert & Company (RFQ# 011 1091KL), For
Completion Of Professional Design And Consulting Services Required For Construction Of The Project,
Paid From Proceeds Provided To The City From The CRA (Community Redevelopment Agency)
Redevelopment Trust Fund (RTF).
Mr. Steve Richart, Urban Beautification Services Division, Community Development Department began the
discussion on this Agenda Item and showed a slide presentation. While reviewing the slides, Commissioner
Krebs asked about a tractor trailer parked on the Dittmer property.
Chief Brunelle briefly addressed the tractor trailer and a related Ordinance; to which Commissioner Krebs asked
which Ordinance Chief Brunelle was referring to. Chief Brunelle responded, "I'll have Glenn (Tolleson, Police
Department) when I am done here, I'll have him contact you tomorrow with information."
Discussion.
"I WILL MAKE A MOTION TO APPROVE AN INTERLOCAL AGREEMENT WITH U.S.
(HIGHWAY) 17/92 COMMUNITY REDEVELOPMENT AGENCY FOR THE SHEPARD ROAD
STREETSCAPE PROJECT." MOTION BY COMMISSIONER KREBS. SECONDED BY
COMMISSIONER HOVEY. DISCUSSION.
ATTORNEY GARGANESE EXPLAINED, "SECTION 8. OF THIS CONTRACT SAYS IT COULD BE
TERMINATED BY ANY PARTY WITH THIRTY (30) DAYS WRITTEN NOTICE."
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FURTHER DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — DECEMBER 13, 2010 PAGE 33 OF 41
Mr. John G. Metsopoulos, U.S. Highway 17/92 CRA Program Manager, Seminole County, 1101 East First Street,
Sanford, Florida: stated, "The CRA (Community Redevelopment Agency) would have to cancel the Contract
because that is who the Interlocal is between, the CRA (Community Redevelopment Agency) and the City of
Winter Springs. It would have to go through the RPA (Redevelopment Planning Agency) which Commissioner
Bonner now sits on. They would have to terminate the expenditure of the money, then it would have to go finally
back to the CRA (Community Redevelopment Agency)." Mr. Metsopoulos added, "It is standard language that
the County uses in their Contracts."
DISCUSSION FOLLOWED ON THE CONTRACT LANGUAGE, FUNDING AND CONSTRUCTION
OF THE PROJECT.
COMMISSIONER BONNER REMARKED, "AS THE REPRESENTATIVE TO THE RPA
(REDEVELOPMENT PLANNING AGENCY), MY COMMITMENT TO THIS BODY, IS I WILL GET
WITH THE ATTORNEY. I WILL ASK FOR SOME CLARIFYING SUGGESTED LANGUAGE
AND /OR DIRECTION. I WILL BRING IT FORWARD AS THE REPRESENTATIVE OF THE RPA
(REDEVELOPMENT PLANNING AGENCY) AT THE NEXT APPROPRIATE RPA
(REDEVELOPMENT PLANNING AGENCY) MEETING."
FURTHER, COMMISSIONER BONNER ADDED, "I WILL SEE WHAT I CAN ACCOMPLISH AS
THE CITY'S REPRESENTATIVE TO HAVE THIS AMENDED ON A GO FORWARD BASIS, ON
BEHALF OF THE ENTIRE CRA (COMMUNITY REDEVELOPMENT AGENCY)." ADDITIONALLY,
COMMISSIONER BONNER NOTED, "IT REALLY IS LANGUAGE THAT NEEDS TO BE
CORRECTED FOR CAUSE VERSUS — CONVENIENCE."
Tape 3 /Side A
DISCUSSION.
COMMISSIONER KREBS SAID TO ATTORNEY GARGANESE, "IF THE CRA (COMMUNITY
REDEVELOPMENT AGENCY) DECIDED THEY DIDN'T LIKE HOW WE WERE DOING THE
PROJECT — AND IF THEY HAD GIVEN US TWO (2) PAYMENTS ALREADY, AND THEY
TERMINATED THE PROJECT, WOULD WE HAVE TO RETURN THAT MONEY AS WELL?"
ATTORNEY GARGANESE SAID, "NO, I DON'T SEE THAT IN THIS CONTRACT."
COMMISSIONER KREBS THEN SAID TO ATTORNEY GARGANESE, "IT WOULD REALLY BE
HELPFUL IF ALL CONTRACTS WENT THROUGH YOU, FOR YOUR APPROVAL FIRST."
MANAGER SMITH NOTED, "THIS CONTRACT ABSOLUTELY WENT TO ANTHONY
(GARGANESE) FOR HIS APPROVAL."
MR. METSOPOULOS EXPLAINED, "YOU COULD AS THE BOARD, IF YOU SO CHOSE TONIGHT,
MAKE THE CHANGES TO THE CONTRACT THAT YOUR ATTORNEY HAS SUGGESTED. AT
THAT POINT, IT WOULD HAVE TO GO BACK TO THE RPA (REDEVELOPMENT PLANNING
AGENCY) FOR THEIR APPROVAL, AND THEN TO THE CRA (COMMUNITY REDEVELOPMENT
AGENCY) FOR THEIR APPROVAL. OKAY. SO, YOU ARE NOT OBLIGATED TO ACCEPT THIS
CONTRACT."
FURTHER DISCUSSION.
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MR. METSOPOULOS MENTIONED FOR THE RECORD THAT HE DID NOT DRAFT THE
CONTRACT.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 34 OF 41
WITH FURTHER COMMENTS, MR. METSOPOULOS REMARKED, "I THINK WHAT I WILL DO
IN THE FUTURE, AFTER THIS EVENING, IS WHEN THE CONTRACT IS WRITTEN FOR THE RPA
(REDEVELOPMENT PLANNING AGENCY), I WILL FORWARD A COPY TO THE CITY
ATTORNEY OF THE CORRESPONDING CITY FOR THEIR REVIEW."
VOTE:
DEPUTY MAYOR BROWN: AYE
COMMISSIONER RESNICK: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BONNER: AYE
COMMISSIONER HOVEY: AYE
MOTION CARRIED.
Commissioner Bonner then said to Mr. Metsopoulos, "You might as well plan on that being on the Agenda for the
next RPA (Redevelopment Planning Agency) meeting." Mr. Metsopoulos responded, "That's fine."
REGULAR
602. Community Development Department
REQUEST: Requests That The City Commission Consider The Second Implementation Agreement To
Allow The Option Of An Adult Congregate Living Facility (ALF), An Independent Living Facility (ILF),
Or A Combination Of The Two, In Lieu Of 100 Townhouse /Condominium Units Within Parcel 14 -B Of
The Oviedo Marketplace PUD (Planned Unit Development) (And Development Of Regional Impact - DRI).
FISCAL IMPACT: The Applicant Is Requesting That The Remaining Portion Of Parcel 14 -B, Currently
Approved For 100 Townhomes /Condominiums, Also Be Allowed An Option For A Maximum Of 184
Independent Living Units (ILF), A Maximum Of 318 Assisted Living Beds (ALF), Or A Combination Of
The Two Uses Subject To The Conversion Ratios Of The Proposed Second Implementation Agreement.
The Potential Tax Revenue Of The Three Proposed Development Scenarios Is As Follows:
Townhouse /Condominium (100 Units)
Units (1845 Square Feet) — Assessed At $90.00 /Square Foot: $16,605,000.00 Assessed Tax Value
$16,605,000.00/1000 = 16,605
16,605 (2.5814) = $42,864.15
$42,864.15 (Less The 4% Statutory Discount) = $41,149.58 Tax Revenue
Independent Living Facility (184 Units)
210,893 Square Feet — Assessed At $70.00 /Square Foot: $14,762,510.00 Assessed Tax Value
$14,762,510.00/1000 = 14,762.51
14,762.51 (2.5814) = $38,107.94
$38,107.94 (Less The 4% Statutory Discount) = $36,583.63 Tax Revenue
Assisted Living Facility (318 Beds), aka: Continuous Care Retirement Center
283,195 Square Feet — Assessed At $70.00 /Square Foot: $19,823,650.00 Assessed Tax Value
$19,823,650.00/1000 = 19,823.65
19,823.65 (2.5814) = $51,172.77
$51,172.77 (Less The 4% Statutory Discount) = $49,125.86 Tax Revenue
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CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 35 OF 41
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: Staff Recommends The City Commission Approve The Second Implementation
Agreement For Parcel 14 -B Of The Oviedo Marketplace PUD (Planned Unit Development) To Allow A
Certain Amount Of Flexibility In The Composition Of The Residential Development Of Parcel 14 -B To
Include An Independent Living Facility (Up To 184 Units) Or An Adult Congregate Living Facility (ALF —
Also Known As A Continuous Care Retirement Center) (Up To 318 Beds) On The Remainder Of Parcel
14 -B, As Options To The Currently Approved 100 Townhouse /Condominiums. Any Proposed
Development Request Will Still Be Subject To Staff Review And City Commission Approval.
Mr. Stevenson began the discussion on this Agenda Item.
Discussion followed on the storage facility and ratios.
Continuing, Mr. Stevenson explained, "What we're asking for in this Implementation Agreement is the ability to
mix and match if you will, and to formulate an Agreement that Staff will make sure it does not exceed the Traffic
Count for 100 townhomes, and it's important to realize — again, I want to read the last part of this
recommendation to you, just so we're all on the same page, as we've presented a lot of information; `Any
proposed development request will still be subject to Staff Review and City Commission Approval'."
Commissioner Krebs asked if it was possible to request an Independent Living Facility rather than an Assisted
Living Facility.
Mr. Raphael F. Hanley, Esquire, Associate Division Counsel, The Viera Company, 7380 Murrell Road, Suite 201,
Viera, Florida: stated, "We would be selling this to another company which is Flagship Development. They
have been working with us for I think, two and half (2 '' /2) years now; and I think originally back four (4) years
ago, five (5) years when they started doing townhomes - when the market collapsed. But their deal is that they
actually develop for an ALFALF (Assisted Living Facility /Independent Living Facility) entity that's out there."
Continuing, Mr. Hanley added, "My understanding from talking to them at this point, is that they're leaning more
towards ILF (Independent Living Facility), than ALF (Assisted Living Facility), based on the fact there's enough
ALF's (Assisted Living Facilities) in this market area." Furthermore, Mr. Hanley explained, "They have to go
back to you and actually get Approval for the project they do and what their mix is; so all this is doing is saying
you're allowing these mixes, subject to it; and it's coming to the City and you're actually Approving whatever
project they're proposing. So, this is giving them that flexibility to find the buyer and then working with the City
Staff to do that project."
"MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY
MAYOR BROWN. DISCUSSION.
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MAYOR LACEY SUMMARIZED THE MOTION, "TO APPROVE THE SECOND
IMPLEMENTATION AGREEMENT FOR PARCEL 14B OF THE OVIEDO MARKETPLACE PUD
(PLANNED UNIT DEVELOPMENT)."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 36 OF 41
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER RESNICK: AYE
DEPUTY MAYOR BROWN: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER BONNER: AYE
MOTION CARRIED.
REGULAR
603. Office Of The City Manager And Office Of The City Clerk
REQUEST: Request That The City Commission Make One (1) Remaining Appointment To The City's
New "Parks And Recreation Advisory Committee ", Which Was Approved At The August 23, 2010 Regular
City Commission Meeting With The Ratification Of Ordinance 2010 -07.
FISCAL IMPACT: There Is No Specific Fiscal Impact To These Appointments. However, Once The
"Parks And Recreation Advisory Committee" Begins Meeting, Office Of The City Clerk's Staff Will Be
Providing Administrative Assistance To The "Parks And Recreation Advisory Committee ".
Such Costs Are Estimated To Be Approximately $3,076.00 Per Year; And Have Been Budgeted For Fiscal
Year 2010 -2011; With Funds Coming From Office Of The City Clerk Overtime Salaries (Line Code 1210-
51214). Parks And Recreation Department Liaison Staff Costs Have Been Absorbed Otherwise.
COMMUNICATION EFFORTS: As Requested By The Mayor And City Commission (As Noted On
Attachment "A" Of This Agenda Item), The City Clerk Has Been In Touch With The Individuals Who
Have Been Appointed, To Find Out Which Of The Nine (9) Suggested Categories They Would Represent
And Any Information Received, Has Been Forwarded To The City Commission.
This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City
Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting
Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally,
Information Related To This Agenda Item Has Been Sent To Media /Press Representatives Who Have
Requested Agendas /Agenda Item Information, All Homeowner's Associations On File With The City, All
Individuals Who Have Requested Agendas /Agenda Item Information, Department Directors; And Also
Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General
Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: The City Commission Is Requested To Make One (1) Last At Large Appointment
To The "Parks And Recreation Advisory Committee ".
Brief discussion.
"MOTION TO POSTPONE TO JANUARY (2011)." MOTION BY COMMISSIONER KREBS.
SECONDED BY COMMISSIONER HOVEY. DISCUSSION.
VOTE:
DEPUTY MAYOR BROWN: AYE
COMMISSIONER BONNER: AYE
COMMISSIONER RESNICK: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER HOVEY: AYE
MOTION CARRIED.
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CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 37 OF 41
REGULAR
604. Office Of The City Clerk •
REQUEST: Respectfully Requests That The City Commission Consider Nominating The Next Deputy
Mayor As Stipulated In The Charter Of The City Of Winter Springs, Consistent With Actions In The Past.
FISCAL IMPACT: There Is No Specific Fiscal Impact To This Appointment.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media /Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: The City Commission Is Being Requested To Appoint A Member Of The City
Commission To Serve As The Next Deputy Mayor.
"I NOMINATE COMMISSIONER JEAN HOVEY." MOTION BY DEPUTY MAYOR BROWN.
SECONDED BY COMMISSIONER BONNER. DISCUSSION.
WITH BRIEF COMMENTS, COMMISSIONER HOVEY STATED, "OKAY."
MAYOR LACEY THEN SAID, "WITHOUT OBJECTIONS, I DECLARE THE NOMINATIONS
CLOSED. WE HAVE ONE (1) NOMINEE, COMMISSIONER JEAN HOVEY."
VOTE:
COMMISSIONER BONNER: AYE
COMMISSIONER RESNICK: AYE
DEPUTY MAYOR BROWN: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
REGULAR
605. Not Used
REGULAR
606. Office Of The City Manager And Office Of The City Clerk
REQUEST: Request That The City Commission Consider The Information In This Agenda Item Related
To A Farewell /Appreciation Event For Former Mayor John F. Bush And Former Commissioner Sally
McGinnis, And Decide How They Wish To Proceed.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 38 OF 41
FISCAL IMPACT: Possible Options For Funding Could Include Any, Some, And /Or All Of The
Following:
■ Attendees Would Pay 100%
■ City Pays Portion /Attendee Pays Portion
■ Although This Event Was Not Planned For During The 2010 -2011 Fiscal Year, Staff Could Try To
Find Some Funds For Such An Event, And If That Is The City Commission's Preference, Then We Might
Have To Forgo Something Else, And /Or We Might Need To Cut Back On Some Already Budgeted Item(s):
■ General Fund Pays For Entire Event
■ Vendor Sponsorship (From Partial Percentage, Some, Or All Costs) — If This Is The Preference,
Please Specify Which Vendor To Ask
Other Costs To Consider:
■ Costs Will Be More For Events Held At A City Venue, Specifically Due To City Staffing Costs, In
Addition To Any Event Type Items We Might Need To Provide, Such As Tablecloths, Serveware, Etc.
COMMUNICATION EFFORTS: On Behalf Of Mayor Lacey And The City Commission, I Have Been In
Contact With Former Mayor John F. Bush And Former Commissioner Sally McGinnis Regarding Your
Plans To Hold A Farewell /Appreciation Event In Their Honor. Both Former Mayor Bush And Former
Commissioner McGinnis Are Honored And Very Pleased That You Plan To Hold Such An Event For
Them. They Will Be Providing Me With Possible Dates Of Their Availability For January 2011, (Which I
Will Forward To The Mayor And City Commission As Soon As This Information Is Received).
This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City
Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting
Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally,
Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have
Requested Agendas /Agenda Item Information, All Homeowner's Associations On File With The City, All
Individuals Who Have Requested Agendas /Agenda Item Information, Department Directors; And Also
Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General
Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: The City Commission Is Being Requested To Discuss What Kind Of
Farewell /Appreciation Event They Wish To Hold In Honor Of Former Mayor John F. Bush And Former
Commissioner Sally McGinnis; And Decide On The Following Details:
■ Date
■ Kind Of Event
■ Venue
■ Funding
■ Notifications
Discussion followed on possible dates for this suggested event. City Clerk Lorenzo - Luaces noted that former
Commissioner Sally McGinnis was available any time in January and that former Mayor Bush would soon be
providing dates of availability.
Mayor Lacey asked the City Commission, "Do we want to have an event ?" Deputy Mayor Hovey and
Commissioner Krebs said, "Yes." There were no objections voiced.
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Next, Mayor Lacey inquired of the City Commission, "Do we want the City to pay for an event ?" Commissioner
Krebs stated, "The City in the past has paid something..." Commissioner Brown remarked, "...I think it is
proper..." Commissioner Krebs added, "...They don't have to pay everything, but I think, at least something,
Yes.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 39 OF 41
With further comments on a possible event, Mayor Lacey asked, "Lunch or Dinner ?" Commissioner Brown and
Deputy Mayor Hovey remarked, "Dinner."
Budget, costs, and attendance were addressed next.
Mayor Lacey said to Manager Smith, "If we were looking at thirty -five hundred dollars ($3,500.00) of expenses,
can you cover that? Can you find the money ?" Manager Smith responded, "Why not."
Payment options were then addressed, to which Mayor Lacey stated, "I like the event of some cost sharing
involved." Commissioner Brown suggested fifteen dollars ($15.00) per person (cost sharing). Deputy Mayor
Hovey agreed. No objections were noted.
Invitations were then addressed. Mayor Lacey noted, "I thought when we went with the cost sharing approach,
that implied that we were going to open it up to anyone who felt like they wanted to participate in the tribute."
No objections were voiced.
RSVP's and payments were then mentioned.
Mayor Lacey summarized the discussion thus far and stated, "It is going to be fifteen dollars ($15.00) per person
with I assume, a complimentary pair of tickets to the Honorees. Everyone else pays a fifteen dollar ($15.00)
contribution to the final cost - and the City picks up the difference." Mayor Lacey then said, "A dinner at
Tuscawilla Country Club with a date to be coordinated by Andrea (Lorenzo - Luaces)."
Commissioner Bonner asked, "Is our Website yet ready to take payments online ?"
Mr. Boyle explained, "We don't have e- Commerce capability yet — what I would offer is an alternative. We could
set up a special line where people could call and we could run a credit card over the phone, but that would take an
additional resource — the person."
Mayor Lacey thought that perhaps the Oviedo - Winter Springs Regional Chamber of Commerce might be able to
assist with taking payments, similar to how they take payments for Oviedo - Winter Springs Regional Chamber of
Commerce events.
Mr. Boyle added, "I feel comfortable that Andrea (Lorenzo - Luaces) and I can work out something, with either
taking cash, credit cards, or checks." Commissioner Krebs added, "Just so long as everybody understands that
they have to pay in advance; there is no paying at the door."
Further discussion ensued on how to let the public know about this event. Mr. Boyle suggested, "We could do
eAlerts, we could do Web page. The bills — we're already in printing on those, so we've missed the January time
frame and you want to hit all four (4) cycles." Commissioner Bonner mentioned the electronic sign.
Discussion followed on anticipated attendance.
MOTION TO CHARGE "FIFTEEN — [DOLLARS] ($15.00) A HEAD, ON A COST SHARE BASIS, AND
STAFF IS GOING TO WORK OUT HOW TO COLLECT THE MONEY AND WORK OUT THE
RSVP'S AND SO ON." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER
KREBS. DISCUSSION.
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MAYOR LACED RESTATED THE MOTION — "THAT WE PLAN A DINNER AT THE TUSCAWILLA
COUNTRY CLUB, SUBSIDIZE THE PRICE DOWN TO FIFTEEN DOLLARS ($15.00) PER
ATTENDEE, FIRST -COME, FIRST - SERVED."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 40 OF 41
VOTE:
COMMISSIONER BROWN: AYE
COMMISSIONER RESNICK: AYE
DEPUTY MAYOR HOVEY: AYE
COMMISSIONER BONNER: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
❖ ❖ AGENDA NOTE: THE FOLLOWING ADD -ON AGENDA ITEM, WAS DISCUSSED
NEXT, AS DOCUMENTED. ❖ ❖
REGULAR AGENDA
REGULAR
607. Office Of The City Attorney
ADD -ON
REQUEST: The City Commission Approve And Authorize The Mayor To Execute A Quit Claim Deed To
The Current Property Owner Of 609 Fruitwood Avenue, In The Fruitwood Lake Replat, In Order To
Secure Title And Effectuate The Closing Of The Property.
FISCAL IMPACT: None.
COMMUNICATION EFFORTS: None.
RECOMMENDATIONS: The City Attorney Recommends That The City Commission Approve
And Authorize The Mayor To Execute The Attached Quit Claim Deed, Conveying Any And All Of The
City's Interest In The Property, As Provided In The Replat, To The Current Owners Of 609 Fruitwood
Avenue.
Attorney Garganese noted for the Record the Agenda Item he put together.
With discussion, Commissioner Bonner asked, "Is this all supported by duly noted surveying and these
boundaries that we are seeing on this image up here — everything is very well defined, so there is no question
about boundaries and things of that nature that are going to come up?"
Attorney Garganese explained, "The lines are solely as replatted. The Quit Claim Deed only references the old
plat and the replat number `609', that is it. That's the only reference. There is no metes and bounds legal
description."
Commissioner Bonner then asked about the City's liability.
Mr. Brian Fields, P.E., City Engineer, Public Works Department stated, "Yes, we're safe. From a surveying
standpoint, the new Survey that we did at the time of plat, we re -set the property corners, new monuments have
been set — in the ground establishing the property lines. Those lines, those monuments are on the recorded plat so
those are the new lots. There is no surveying dispute."
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Manager Smith asked Attorney Garganese, "I know that `601' is our access to the lake to do maintenance on the
lake. Are there any issues with this, doing that maintenance, now that `609' abuts that? Do we need Easements
or anything like that? Are we okay to continue doing that type of maintenance in this new situation ?"
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — DECEMBER 13, 2010 PAGE 41 OF 41
Mr. Fields explained, "Our Stormwater Easements stay in place. There are pipes going through there. We still
have those, it's just the property was conveyed to the surrounding property owners."
Commissioner Krebs mentioned this had gone through the Planning and Zoning Board/Local Planning Agency
Attorney Garganese noted, "The City doesn't have any interest in `609'. The City gave up all of its interest
around the lake when it replatted it in 2007."
"MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS.
COMMISSIONER BROWN. DISCUSSION.
VOTE:
COMMISSIONER BONNER: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER RESNICK: AYE
DEPUTY MAYOR HOVEY: AYE
MOTION CARRIED.
ADJOURNMENT
Mayor Lacey adjourned the Regular Meeting at 9:04 p.m.
RESPECTFULLY SUBMITTED:
ANDREA LORENZO- LUACES, MMC
CITY CLERK
'': oUrd "o
MAYOR CHARLES LACEY
SECONDED BY
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NOTE: These Minutes were approved at the 1 2011 City Commission Regular Meeting.
CITY OF WINTER SPRINGS, FLORIDA
.
. •
Incurpt�ra�,
19�
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CITY COMMISSION
MINUTE S
REGUL�R I�iEETI�TG
n�ONDAY, DECEl��BER 13, 2010 - 5:15 P.1��.
CITY HALL — COMMISSION CHAMBERS
1126 EAST STATE ROAD �34, WINTER SPRINGS, FLORIDA
Mayor Charles Lacey
Commissioner Jean Hovey - Seat One
Deputy Mayor Rick Brown - Seat Two
Commissioner Gary Bonner - Seat Three ,
Commissioner Cade Resnick - Seat Four �
Commissioner Joanne M. Krebs - Seat Fi��e
I
CITY OF WINTER SPRINGS, FLORIDA MINUTES CCfY COMIrIISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 2 OF 41
CALL TO ORDER
The Regular Meeting of Monday, December 13, 2010 of the City Commission was called to Order by Mayor
Charles Lacey 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 Charles Lacey, present
Deputy Mayor Rick Brown, present
Commissioner Jean Hovey, present
Commissioner Gary Bonner, present
Commissioner Cade Resnick, present
Commissioner Joanne M. Krebs, present
City Manager Kevin L. Smith, present
City Attorney Anthony A. Garganese, present
The Pledge of Allegiance followed a moment of silence.
Under Agenda Changes, City Attorney Anthony A. Garganese commented about a potential new Winter Springs
resident and noted, "There is a Title issue that came up regarding a replat that the City did about three (3) years
ago and their Title Company is requesting a Quit Claim Deed from the City in order to close and I can explain the
particulars if you want to Add this on when the Agenda Item comes up, or I'll just put it on the January Agenda."
City Manager Kevin L. Smith then added, "Speaking with Anthony (Garganese), this is a potential resident in our
City that we are trying to help, so I would be amenable in asking you to consider that."
Commissioner Joanne M. Krebs said to Attorney Garganese, "Is this something that can be easily explained?"
Attorney Garganese replied, "Yes." Commissioner Krebs commented, "I will hear it." Depury Mayor Rick
Brown added, "Me as well."
Mayor Lacey asked the Ciry Commission, "Is there any objection to adding on this item to the Agenda?"
Commissioner Jean Hovey stated, "No." There were no objections voiced.
Attorney Garganese suggested, "Just put it at the end of the Meeting."
❖❖ AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEMS WERE
DISCUSSED NEXT, BUT NOT NECESSARILY IN THE ORDER DOCUMENTED. ❖❖
INFORMATIONAL AGENDA
Manager Smith asked, "I realize this is an Informational Item, but I would ask the Commission if they would be
willing to heaz just a few brief comments regarding Informational `101' from our Finance Director."
Deputy Mayor Brown and Commissioner Gary Bonner stated, "Yes." No objections were voiced.
L'�IFOR1L4T10tiAL
100. Community Development Department
REQUEST: Advising The City Commission Of The Status Of Various Current Planning Projects.
FISCAL IlVIPACT: T6ere Is No Fiscal Impact Associated With This Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CIT CO MMISSION REG MEETING - DECEMBER 13, 2010 PAGE 3 OF 41
COMM[TNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press
Representatives Who Have Requested Agendas/Agenda Item Informadon, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: T6e City Commission Is Being Asked To Review And Accept The Information In
This Agenda Item.
Commissioner Bonner inquired about the Ladybird Academy project and asked if there was anything planned for
a Ribbon Cutting Ceremony/Press Release. Additionally, Commissioner Bonner thought perhaps this could be
added to LDI's (Land Design Innovations, Inc.) list to consider.
Next, Commissioner Bonner asked if there were any other updates to the Sonesta Pointe project. Manager Smith
stated, "Yes" and then advised the City Commission of recent discussions related to this project. Further,
Manager Smith added, "A compromise situation I think is what you'll see coming forward to this Commission in
January."
Continuing, Commissioner Bonner asked about the Town Center Report and stated, "When you are traveling
south on Tuskawilla (Road), leaving the Town Center, if you wish to go to the west and take a right hand turn,
that little cut-through there between where the Christmas Tree is and the retail center - I know that some citizens
make the mistake of getting to the light and then, they make the wrong decision to take an illegal right hand turn."
Commissioner Bonner suggested, "Maybe we can move that right hand turn lane over to a more natural position
and vacate that space for more pedestrian use of the retailers — make that a little safer."
Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department commented, "Staff has got
that on our `To Do' list. Mr. Stevenson then added, "Putting that right turn lane as a right turn decel[eration] on
what would be the east side of the Park there and also that plays into trying to upgrade the wall, maybe do away
with the wall, put the archway over; a lot of different things we are trying to wrap into this plan. We will continue
our efforts on that, and try to bring you back a report on that."
Deputy Mayor Brown also spoke about the safety concerns of the intersection being discussed and stated,
"Making it an additional pedestrian area would I don't think, be the answer, but making it an area for take-out or
for a quick stop or what not, would certainly service those businesses there, no matter who owned them."
Discussion ensued on retail businesses in the community, including why the building which housed "Adorable
Kinders" was now available to be leased.
Commissioner Krebs commented, "There is another business in that area that is probably looking to leave because
they have outgrown their space and — this is one of the reasons that I wish we had our own Economic
Development team." Commissioner Krebs added, "Somebody needs to get with me and ask me who it is and
maybe you can do something about it."
Commissioner Bonner suggested, "Maybe an Agenda Item later." Further comments.
CVFORiYL•1TIOrAL
101. Office Of The City Manager And Finance And Administradve Services Department
REQiTEST: Transmitting The City's Fiscal Fourth Quarter/Year-End Financial Report For The 2010
Fiscal Year.
CiTY OF VvINTER SPRINGS, FLORIDA MINUTES CITY COA�IIvIISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 4 OF 41
FISCAL Il1�IPACT: The General Fund Will Not Require Any Funding Out Of Reserves For FY10
Operations.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Will Be Available On The City's Website, LaserFiche, And The
City's Server. Additionally, Information Related To This Agenda Item Has Been Sent To MedialPress
Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associadons
On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With AddiNonal Copies
available for the general public; and posted at five (5) different Iocallons around the City.
RECOMII�NDATION: It Is Recommended That The City Commission Review And Receive The
Attached Financial Regort.
Mr. Shawn Boyle, Director, Finance and Administrative Services Department briefly addressed the City
Commission on economic and Pension issues and stated, "I think you guys have done an outstanding job."
Manager Smith added, "Shawn (Boyle) is refemng to the conversations we had previously — we had somewhere
in the neighborhood of $1.6 million dollars appropriated this past Fiscal Year to come out of Reserves and
through the leadership of Shawn (Boyle), and through the leadership of our Department Heads and the efforts of
the entire Staff, we managed to turn that $1.6 million dollar utilization of Reserves into no utilization of
Reserves."
Continuing, Manager Smith stated, "And I just wanted to publicly take an opportunity to thank Shawn (Boyle).
He's been a great asset to the City. We're privileged to have him here. We thank every one of our Department
Directors who have worked tirelessly to buy in to what we're trying to do here to understand why it's important,
and to every member of our Staff who have done the same."
Mayor Lacey remarked, "Shawn (Boyle), Kevin (Smith), excellent job." Commissioner Krebs commented,
"Thank you Shawn (Boyle) for those kind words." With further comments, Commissioner Krebs added, "I like
what I see."
Commissioner Gary Bonner mentioned, "And I will echo Commissioner Krebs' comments and my compliments
to the Manager and to the Staff for the management of the stewazdship of the citizens' Reserves."
Commissioner Hovey commented, "I too just wanted to echo what Commissioner Bonner and Commissioner
Krebs said; but I also want to know, are we going to send out a Press Release and tell everybody what a great job
you have done?" Manager Smith responded, "We're working on that, as we speak."
L'�'FOR11L4TIOtiAL
102. Office Of The City Manager And Finance And Administrative Services Department
REQiTEST: Providing The Investment Report For The Fourt6 Quarter Of Fiscal Year 2010 (Ending
September 30, 2010) As Prepared By PFM Asset Management LLC.
FISCAL Il17PACT: The Weighted Average Yield At September 30, 2010 Is 0.71%. T6e Weighted Average
Yield At June 30, 2010 Was 0.67%. This Portfolio Has An Average Maturity Of Less Than One (1) Year.
COMMUNICATION EFFORTS: The Investment Report Will Be Posted To The Website Within A Week
Of Acceptance.
CTI'Y OF WINTER SPRINGS, FLORIDA MINUTES CITY CONII v II SSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 5 OF 41
COMMUNICATION EFFORTS: The Investment Report Will Be Posted To The Website Within A Week
Of Acceptance.
RECOIVIlViENDATION: It Is Recommended That The City Commission Receive The Attached
Investment Report.
No discussion.
L'��OR'1i�TIOtiAL
103. Parks And Recreation Department
REQUEST: Wishes To Inform The City Commission Regarding The Ezpenses/Revenue And Project
Summary From The 2010 Hometown Harvest Special Event.
FISCAL IlVIPACT:
$5,273.16 Eapenses For Hometown Harvest Community Event
$2,235.00 Additional Ezpense From Budgeted Funds In 118-56910 (Public Safety)
$7,508.16
$4,600.00 Sponsorships/Donations
$2,908.16 Loss
-$2,235.00 Public Safety
$ 673.16 Loss
COMMLTNICATION EFFORTS: This Agenda Item Has Been Forwarded To T6e Mayor And City
Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press
Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Informallon,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For T6e General Public; And Posted At Five (5) Different Locations Around The City.
RECOMII�NDATIONS: Parks And Recreation Recommends That The City Commission Review The
Informallon Presented And Provide Furt6er Direction As Needed. All Future Community Events Will
Strive To Cover All Ezpenses With Sponsorships.
This Agenda Item was not discussed.
INFOR'1�LATIOti aL
104. Parks And Recreation Department
REQLTEST: Wishes To Inform The City Commission About The 2011 Winter Springs Community
Events.
FISCAL IlVIPACT: Funds Are Budgeted In Account 118-56910 For Public Safety. Program Promotional
Accounts As Sponsorships/Donations/Vendor Fees Are Collected.
CTI'Y OF V4'INTER SPRINGS, FLORIDA MINUT CITY COI�iMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 6 OF 41
COMMIINICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, InformaHon Related To This Agenda Item Has Been Sent To Media/Press
Representadves Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associallons
On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; Aud Posted At Five (5) Different Locations Arouud The City.
REC011'IlViENDATIONS: Informational Only.
No discussion.
L'V�OR'�fATIOtiAL
105. Office Of The City Clerk
REQUEST: Wishes To Inform The City Commission Of The Official Results From The November 2,
2010 City Of Winter Springs General Municipal Election.
FISCAL IlVIPACT: There Is No Fiscal Impact To Be Considered With T6e Approval Of This Agenda
Item.
COMMU1vICATION EFFORTS: This A.genda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press
Representadves Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (� Different Locations Around The City.
RECOMII�NDATION: The City Clerk Respectfully Requests The City Commission Review And Accept
The Information Provided In This Agenda Item.
There was no discussion on this Agenda Item.
"MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMIVIISSIONER KREBS.
SECONDED BY DEPUTY MAYOR BROWN. DLSCUSSION.
VOTE:
CONA'IISSIONER BONNER: AYE
COMIVIISSIONER HOVEY: AYE
COMNIISSIONER RESIVICK: AYE
COr'IlVIISSIONER KREBS: AYE
DEPUTY MAYOR BROWN: AYE
MOTION CARRIED.
CITY OF WIN'I�ER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGUL MEETING - DECEMBER 13, 2010 PAGE 7 OF 41
CONSENT AGENDA
COtiSE�T
200. Public Works Department
REQiTEST: RequesNng Authorization To Increase The Construction Contingency On T6e City's Contract
With Wal-Rose, Inc. For The Solary Canal Regional Stormwater Treatment Area From 10% To 16%.
FISCAL IlViPACT: The Project Construction Is Funded 100% By The St. Johns River Water
Management District. In Accordance With The Terms Of T6e Construcdon Funding Agreement, The City
Invoices The District Monthly During The Construction Period And The District Reimburses The City
Within 45 (Forty-Five) Days Of Receipt Of An Approved Invoice. T6e District Has Paid All Invoices
Submitted To Date On Time.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (I.obby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And T6e City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press
Representatives Who Have Requested Agendas/Agenda Item Informallon, All Homeowner's Associallons
On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Pu6lic; And Posted At Five (5) Different Locafions Around The City.
Furt6ermore, The Following Has Also Been Completed To Furt6er Communicate T6e Information In T6is
Agenda Item:
1) At The Start Of Construction, Staff Mailed Construction NoNces To All Surrounding Resideats
W6ic6 Included Project Information And Contact Information.
2) A Project Information Sign At The Project Entrance Off Of DeLeon Street Has Been In Place Since
The Start Of The Project.
RECOMIVIENDATION: Staff Recommends That T6e City Commission Authorize An Increase The
Construction ConNngency On The City's Contract With Wal-Rose, Inc. For T6e Solary Canal Regional
Stormwater Treatment Area From 10% To 16% And Authorize The City Manager And City Attorney To
Prepare And Ezecute Any And All Applicable Documents.
No discussion.
COVSE1i'I'
201. Public Works Department
REQiTEST: RequesNng Authorization To Amend The City's Engineering Services Agreement Wit6
CHZM Hill For T6e Solary Canal Regional Stormwater Treatment Area Project In An Amount Not To
Eaceed $30,470.00, Fully Reimbursable By The St. Johns River Water Management District.
FISCAL IlVIPACT: CA2M Hill's Design Services Are Funded 100% By T6e St. Johns River Water
Management District. In Accordance Wit6 The Terms Of The City's Funding Agreement With The
District, The City Invoices T6e District Monthly During T6e Construction Period And The District
Reimburses The City Within 45 Days Of Receipt Of An Approved Invoice. The District Has Paid All
Invoices Submitted To Date On Time.
CIT'Y OF WINTER SPRINGS, FLORIDA MWLJTES CCTY COMMI SS[ON REGULAR MEETING - DECEMBER 13, 2010 PAGE 8 OF 41
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press
RepresentaNves Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECOMIVIENDATION: Staff Recommends That T6e City Commission Authorize An Amendment To The
City's Engineering Services Agreement Wit6 CH2M Flill For The Solary Canal Regional Stormwater
Treatment Area Project In An Amount Not To Eaceed $30,470.00, Fully Reimbursable By The S� Johns
River Water Management District, And Authorize The City Manager And City Attorney To Prepare And
Egecute Any And All Applicable Documents.
There was no discussion on this Agenda Item.
co�sE�T
202. Utility Department
REQUEST: Requesting Authorizadon For The Mayor To Execute A Utility Easement GranHng Progress
Energy The Right To Install Service To The Oak Forest Pumping And Storage Facility.
FISCAL IlViPACT: The Cost For Progress Energy To Extend Power To This Facility Is $19,613.76.
Sufficient Funds Are Budgeted In The Utility Enterprise Fund 3600-62100 For T6is Eapense. Expenditure
Of The Funds Would Occur Within 30 (Thirty) Days.
COMMUNICATION EFFORTS: T6is Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission MeeNng Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press
Representatives W6o Aave Requested Agendas/Agenda Item Informadon, All Homeowner's Associadons
On File With T6e City, All Individuals Who Have Requested Agendas/Agenda Item Informadon,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECOMIVIENDATION: Staff Recommends That The City Commission Authorize T6e Mayor To
Eaecute The Distribution Easement Granting Progress Energy The Right To Install Underground Power
Lines Through The Oak Forest Spray Fields For Service To The Oak Forest Pumping And Storage
Facility.
This Agenda Item was not discussed.
co�seti�
203. Public Works Department
REQUEST: Requesting Aut6orization To Purehase One (1) Medium Dump Truck Ford F-450 By
Piggybacking Off Of Florida Sherift's Associallon Bid # 10-18-0907.
CiTY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 9 OF 41
FISCAL IlVIPACT: The Vehicle Purchase Of $37,209.00 Is Within The $38,0(}0.00 Budgeted Amount
Requested In Transportation Improvement Fund Line Code (104-64100). Insurance Proceeds Of
$23,206.00 Were Received For The Total Loss Of The Previous Vehicle. Egpenditure Of The Funds Would
Occur Within 120 (One Hundred Twenty) To 180 (One Hundred Eighty) Days.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager, City Attorney/Staff; Placed In Press Packets; Placed In T6e City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press
RepresentaNves Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Informadon,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECONIlI�NDATION: Staff Recommends That Authorization Be Granted To Piggyback Off Of T6e
Florida Sheriff's Association Bid #10-18-0907 With Duval Ford For The Purchase Of One (1) F-450 Dump
Truck For The Public Works Department At A Cost Of $37,209.00 Payable From The Transportation
Improvement Fund - Vehicle Line Code 104-64100.
Commissioner Bonner suggested that instead of this Contract, to possibly consider purchasing a similar vehicle
through the Web.
Discussion followed with Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Department on this option.
Manager Smith said, "I would like to have some level of comfort - that we are getting the most bang for our
buck." Mr. Lockcuff added, "We're in the middle of rewriting our Purchasing Policy, so maybe this would be a
good time to pull this and figure how to make that happen."
Commissioner Bonner offered, "My suggestion is to pull this item and ask you to bring it back before us in
January (2011)." Manager Smith noted, "I think just for the fourteen thousand dollars ($14,000.00) it certainly
warrants at least further consideration. Be happy to."
Mayor Lacey stated, "Why don't you just hold on to that Commissioner Bonner when we Move to Approve the
Consent Agenda, we will just take (Consent) `203' out."
Discussion followed on when this dump truck was needed.
COtiSE'�T
204. Parks And Recreation Department
REQiTEST: Requesting Approval For The City Manager To Enter Into A Contract Agreement With
Dawnalee Corporation Totaling $56,388.00 For Landscape Maintenance, And A Contract Agreement With
Power Ezterminators, Inc. Totaling $13,980.00 For Chemical Services, Pursuant To Public Bid ITB
001/11/AG For The Winter Springs Neighborhood Parks.
FISCAL IlVIPACT: Funding For Landscaping Maintenance Of The Winter Springs Neighborhood Parlcs Is
Currently Budgeted In The Parks And Recreation — Parks And Grounds Budget Line Code (7230-53186)
In The Amount Of $70,368.00.
CITY OF VVINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 10 OF 41
COMMUNICATION EFFORTS: ITB# 001/11/AG Neighborhood Parks Landscape Maintenance Was
Broadcast To More Than 300 Bidders Throughout Central Florida Through Advertisements In The
Orlando SenNnel, Demand Star And The City's Website Bid System. This Agenda Item Has Also Been
Forwarded To The Mayor And City Commission; City Manager; City Attorney/Staff; Placed In Press
Packets; Placed In The City Aall (Lobby) City Commission MeeNng Binder; And Is Available On The
City's Website, LaserFiche, And The City's Server.
Further, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who
Have Requested Agendas/Agenda Item Information, All Homeowner's Associations On File With The City,
All Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also
Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General
Public; And Posted At Five (� Different Locallons Around The City.
RECOMII�NDATION: Staff Recommends T6e City Commission Review And Approve A Contract With
Dawnalee Corporation For Landscape Maintenance At A Cost Of $56,388.00, And A Contract With Power
Ezterminators, Iac. For C6emical Services At A Cost Of $13,980.00; Totaling $70,368.00 For One (1) Year,
For The Winter Springs Neighborhood Parks (ITB 001/11/AG). If Approval Is Granted Staff Recommends
The Commission Authorize The City Manager And The City Attorney To Prepare And Ezecute Any And
All Applicable Documents Required For This Project.
No discussion.
COtiSENI'
205. Community Development Department
REQUEST: Requests The City Commission Review And Approve The Updated Official Future Land Use
Map (FLUM) And Official Zoning Map.
FISCAL IlVIPACT: No Funding Required.
COMMUIVICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On T6e City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press
Representatives Who Aave Requested Agendas/Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General PubGc; And Posted At Five (5) Different Locations Around The City.
Furthermore, Following The Adoption Of The Official FLUM (Future Land Use Map And Official Zoning
Map) And Official Zoning Map By The City Commission,
1) Staff Will Post The Updated Maps On The City's We6 Site.
2) A Certified Copy Will Be Available For Public Display (As Outlined In Section 20-102.), And
3) Paper And Electronic Copies Will Be Made Available For Public Purchase.
RECOMIVIENDATION:
P&Z (PLANNING AND ZONING) BOARDI /LOCAL PLANNING AGENCY RECONII�IENDATION•
At A Regular Meeting Of The P&Z/(PLANNING AND ZONING) Local Planning Agency Board Held On
December 1, 2010, The Board Voted Unanimously To Recommend Approval Of The Updated Future Land
Use Map And Official Zoning Map.
CITY OF W�ITER SPRLNGS, FLORIDA MINUTES CITY CO MMI SSI ON RE MEETING - DECEMBER 13, 2010 PAGE 11 OF 41
STAFF REC011�VIENDATION:
Staff Recommends The City Commission Approve The Updated Future Land Use Map And Official
Zoning Map.
Related to this Agenda Item, Commercial Bonner asked, "Is there a reason it is `C-1', and not a`GID'
(GreeneWay Interchange District)?"
Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department replied, "I don't
know the history except for that iYs always been `G1' with Commercial Land Use." Ms. Sahlstrom then added,
'`Could it be changed. Certainly. It would require a Large Scale Comp Plan Amendment to first change it to the
GreeneWay Interchange District, and then we could follow that with the change of the Zoning. The property
owner would need to be on board with that change. But we could proceed with the next Large Scale Amendment
process to move that forward and we can check with the County and see if they would support that."
Discussion.
Mayor Lacey commented, "I think the request is for you to come back and tell us the feasibility of doing that and
lay out a plan to tell the pros and cons of it." Ms. Sahlstrom replied, "Alright."
CONSEI°I'
206. Police Department
REQITEST: Requests The Commission Accept The City's Portion Of The Federal Fiscal Year (FF'Y) 2010
Edward Byrne Memorial Jusdce Assistance Grant (JAG) Program Funds Totaling $5,809.00 And The
Ezpenditure Of Said Funds For Law Enforcement Programs Outline Below.
FISCAL Il�IPACT:
Revenues:
Grant Award - $5,809.00
Ezpenditures:
COP Program equipment and uniforms - $5,809.00
Net Impact FY 2011 on General Fund Budget: $0.00
COMMUNICATION EFFORTS: This Agenda Item Has Been Distributed To The Mayor And City
Commission, The City Attorney, Department Directors, Placed In The Lobby Binder, And Will Be
Available On The City's Website, LaserFiche, And The City's Server.
RECOMNIENDATION: The Police Department Recommends That The City Commission Approve And
Accept The City's Portion Of The Federal Fiscal Year (FFI� 2010 Edward Byrne Memorial Justice
Assistance Grant (JAG) Program Totaling $5,809.00 Which Is To Be UNlized For The Citizens On Patrol
Program.
T'here was no discussion on this Agenda Item.
CITY OF W'INTER SPRINGS, FLORIDA MLv"UTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 12 OF 41
CO�SE'�T
207. Office Of The City Clerk
REQiTEST: Requesting The City Commission Approve The November 10, 2010 City Commission Joint
MeeNng With The City Of Oviedo Minutes.
FISCAL IlVIPACT: There Is No Specific Fiscal Impact To This Agenda Item.
COMMUNICAT`ION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. AddiNonally, Information Related To This A.genda Item Has Been Sent To Media/Press
Representatives W6o Have Requested Agendas/Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECOMII�NDATION: The City Commission Is Respectfully Requested To Approve The November 10,
2010 City Commission Joint Meeting With The City Of Oviedo Minutes.
This Agenda Item w�as not discussed.
CONSE�T
208. Office Of The City Clerk
REQLTEST: Requesting The City Commission Approve The November 15, 2010 (Rescheduled From
November 8, 2010) City Commission Regular Meeting Minutes.
FISCAL IlITPACT: There Is No Specific Fiscal Impact To This Agenda Item.
COMMUNICATION EFFORTS: This Agenda Item I3as Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (I.obby)
City Commission Meeting Binder; And Is Availa6le On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press
Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associatioas
On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Avaitable For The General Publir, And Posted At Five (� Different Locations Around The City.
RECOMIVIENDATION: The City Commission Is Respectfully Requested To Approve The November 15,
2010 (Rescheduled From November 8, 2010) City Commission Regular MeeNng Minutes.
No discussion.
COVSEIT
209. Office Of The City Clerk
REQLTEST: Requesting T6e City Commission Approve The November 22, 2010 City Commission Special
Meeting Minutes.
FISCAL IlVIPACT: There Is No Specific Fiscal Impact To This Agenda Item.
CITY OF W'INTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 20 PAGE 13 OF 41
COMMUIVICATION EF`FORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On T6e City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press
Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall Wit6 Additional Copies
Available For The General Public; And Posted At Five (� Different Locations Around The City.
RECONIl�IENDATION: The City Commission Is Respectfully Requested To Approve The November 22,
2010 City Commission Special Meeting Minutes.
There was no discussion on this Agenda Item.
Mayor Lacey staxed, "We are looking for a Motion to Approve the Consent Agenda, less (Agenda Item) `203'."
"SO MOVED." MOTION BY CONII�IISSIONER HOVEY. SECONDED BY CONIlVIISSIONER KREBS.
DISCUSSION.
VOTE:
COMIVIISSIONER KREBS: AYE
CONIlVIISSIONER BONNER: AYE
CONIlVIISSIONER HOVEY: AYE
COIVIlVIISSIONER RES1vICK: AYE
DEPUTY MAYOR BROWN: AYE
MOTION CARRIED.
❖❖ AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS WERE
HEARD IN THE ORDER DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA.
.;..;.
AWARDS AND PRESENTATIONS
A�i'':1RDS A.'�iD PRESEtiTATIO:�iS
301. Office Of The Mayor
Presentation Of A Certificate Of Recognition To Mr. Bill Manooch, For Twenty-Six (26) Seasons Of
Valued Contributions To The City Of Winter Springs' Youth Sports Partnership.
Mayor Lacey presented a Certificate of Recognition for Mr. Bill Manooch for his valued contributions to the City
related to Winter Springs' Youth Sports Partnership.
Discussion.
�1V►'ARDS Al\ PRESE'�TATIOtiS
300. Finance And Administrative Services Department
Presentation By Mr. Steven Alezander with PFM Asset Management LLC. (Follow Up Presentation From
Informational Agenda Item "102".)
Mr. Boyle introduced the next Agenda Item and Guest Spealcers.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 14 OF 41
Mr. Steven Alexander, Managing Director, CTP, CGFO, The PF.�Lf Group, 300 South Orange Avenue, Suite 1170,
Orlando, Florida: addressed the City Commission.
Discussion.
Mr. Dmid Jang, CTP, Senior Managing Consultant, The PFM Group, 300 South Orange Avenue, Suite 1170,
Orlando, Florida.• commented on the Local Government Investment Pool and Fund B(SBA [State Board of
Administration of Florida]).
Mr. Ale�cander further noted, "Based on the current amortization schedule and the way the cash flow is coming in
— it's probably going to be eight (8) or nine (9) years before you're able to receive all the cash back."
T� vs,ae s
Further discussion.
REPORTS
REPORTS
4 00. Office Of The City Attor — Ant6ony A. Garganese, Esquire
Attorney Garganese stated, "The Spine Road Closing did occur on time so the City now ov�ns the Spine Road
segment from State Road 434 to the middle of Phase II Town Center property; and then I also forwazded the
Commission and the Mayor an email last week advising you that Atlantic Housing (Partners, LLP) Appealed the
Commission's decision regarding their project. So, that is currently now in the Appellate process for the Circuit
Court.'
Commissioner Bonner asked, "What's next? How does this proceed?" Attorney Garganese replied, "For this
type of Appellate action, the City will wait until the Court issues an`Order to Show Cause' on the City, in which
case, once the Order is sent to the City, then we will have twenty (20) days in which to file a response to the
Petition that's been filed by Atlantic Housing (Partners, LLP). And then they will have an opportunity to reply to
the Ciry's response, and then the Court will either have oral azguments or not, and then rule on the Appeal."
REPORTS
401. O�ce Of The City Manager — Kevin L. Smith
Manager Smith stated, "Regarding the City's contribution to the UCF (University of Central Florida) Incubator,
we spoke about that at the last Meeting and the Commission gave Staff direction to move forw�ard. In reviewing
the Minutes, however, I just would like to ask for a clarification. There was an item that said that the Commission
thought an Agenda Item should be provided on this topic. I believe that was relative to Oviedo's potential
participation, but I just wanted to make sure that that in fact was the case, that we are moving forward. We've
prepazed an Agreement, it's with UCF (University of Central Florida) right now and should be executing that in a
very short order; but the Agenda Item, I believe was again referenced to may�be potential Oviedo funding in the
future; but again, I just v��anted to be sure. Do you all recall that?"
Commissioner Krebs and Mayor Lacey responded, "Yes." Commissioner Krebs then added, "T'hat's eacactly what
it was." Mayor Lacey� commented, "That was pretty well settled at the last Meeting." Manager Smith noted,
"Just wanted to make sure. I didn't want to assume."
CITY OF Vv'INTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 15 OF 41
Next, Manager Smith remarked, "Regarding the Chamber and our Trustee Membership, the Commission
approved a three (3) year Trustee Agreement with the Chamber last year subject to available budget. The first
year was paid last y�ear. We're into the second year obviously and the Commission did appropriate five thousand
dollars ($5,000.00) for this purpose; however, I just wanted to bring it to the Commission's attention that that
second payment is now due, and before that payment is made, I just wanted to advise the Commission, that we —
intend to pay it short of any - contrary direction of this Commission."
Deputy Mayor Brown commented on some concerns he had with the latest Oviedo-Winter Springs Regional
Chamber of Commerce's newsletter.
With further comments, Deputy Mayor Brown explained "It really is a management issue in my opinion at the
Chamber that has yet to be dealt with by the Board. But, I think we need to get more vocal in making sure that
our Chamber represents us." Deputy Mayor Brown added, "And I think it should be a matter of discussion
betv��een us and the Chamber before we Approve the next payment going to them." Mayor Lacey noted, "I think
we do need to do that."
Continuing, Deputy Mayor Brown suggested, "I think we need to get more active in the Chamber, up to, maybe
including having somebody to be at all the Meetings, the monthly Board of Directors Meetings and somebody
representing the City who is consistently at the luncheons and can look out for our interests. But, that is my
opinion."
Commissioner Cade Resnick mentioned, "If we are working on a partnership with Oviedo, as strong as we are
working on it, is there any way to direct that we have events that are on different days, so residents can go to both,
and then a situation like that would not necessarily occur."
Furthermore, Commissioner Resnick stated, "I believe the Boazd Meetings are in the evenings and if that is
something that nobody else would like, I would be happy to join those in the evenings at the Chamber." Mayor
Lacey mentioned, "They typically start at 5 o'clock (p.m.) on the second Tuesday. There will be one tomorrow."
Discussion followed on the City of Winter Springs' support for the Festival of the Arts event, a proposed
Committee being suggested by the Oviedo-Winter Springs Regional Chamber of Commerce, conflicting times of
events, and Oviedo-Winter Springs Regional Chamber of Commerce meetings conflicting with the Tri-County
League of Cities meetings.
Commissioner Krebs commented, "Unless there is not a Tri-County (League of Cities) meeting, I will be there.
But if there is a Tri-County (League of Cities) meeting, I won't be."
Further discussion followed on the Winter Springs' Festival of the Arts event and the City's contribution to the
Winter Springs' Festival of the Arts event.
Commissioner Bonner stated, "My sense of this as it boils down as most things do in life to communication and I
think if our Trusteeship investment includes board representation, shame on us for not sitting at the table. I think
Commissioner Resnick's offer to represent our body in that capacity is a good idea at improving communication
and representation. Out of sight, out of mind, shame on us. So, I support Commissioner Resnick's suggestion
about representing us in that way. Also, I know we will be seeing an Agenda Item later tonight about the
upcoming Economic Development efforts and that is another new way that we are going to have some
representation or some working together because there is a proposed Ex Officio role for the Chamber President.
Again, it's all about building relationships and I think Commissioner Resnick's suggestion about a Member of
this body filling that seat, if in fact that seat is entitled to membership."
Mayor Lacey stated, "Let me clarify. They have twenty five (25) Boazd members and they are reducing the
number, but the Cities and the Trustees don't have an automatic seat at the table and the Board. That would have
to be Voted in, but w�e can certainly attend as a member."
CITY OF Vb'INTER SPRINGS, FLORIDA MINiITES CITY COMMISSION REGiJLAR MEETING — DECEMBER 13. 2010 PAGE 16 OF 41
Deputy Mayor Brown remazked, "Maybe we need to lobby strongly, monetarily to change that." Commissioner
Bonner said, "Well, I certainly still support our membership being represented. If Commissioner Resnick is
interested in doing so, I absolutely support that." Mayor Lacey noted, `'I think we may need to make sure that
Kevin (Smith) has the d'uection whether to issue the check or not."
Manager Smith stated, "Mayor and Commission, I would ask that we either go forward and pay the five thousand
dollars ($5,000.00) or perhaps if you all would like, we could invite the Chamber to our ne�ct Meeting in January
to have them face y�ou all and we'll hold the five thousand dollars ($5,000.00) check until that point in time.
Whatever you see fit."
Mayor Lacey noted that he had spoken with the incoming President and commented, "He is devoted toward
keeping Winter Springs happy as a Trustee member."
Deputy Mayor Brown recommended, "I would entertain doing a Workshop with these folks so that it is a very
direct conversation - it is the only thing on the Agenda. We can look them in the eye without any other pressures
and say `Look, it is either changes or something else has to change." Commissioner Krebs stated, "Yes. I am
going to support Commissioner Brown on this."
Mayor Lacey commented, "I don't think a Workshop would be a bad idea. It seems like a little bit of overkill, but
there aze some issues that have heen festering for years that probably need to be brought out; because they don't
give Winter Springs the same as they do Oviedo. But on the other hand, the City of Winter Springs as well as the
businesses in Winter Springs don't have as much of a presence at the Chamber as we ought to, so there is some
quid pro quo and some sharing of the blame in this dysfunctional relationship. So, I think a good conversation
might be the right approach to it."
Continuing, Manager Smith added, "This conversation tonight is not the first time this body has had a similar
conversations. Just last year as we prepared to pay the five thousand dollars ($5,000.00), similar concerns were
raised." Deputy Mayor Brown then stated, "And I thought during that time, the conversation was around us not
getting Financial Reports, which I don't know when the last time you have seen any." Commissioner Krebs
commented, "Eacactly. Have we seen any?" Manager Smith replied, 'Not since the last time you all had that
conversation." Commissioner Krebs stated, "Well, it is time for a Workshop."
Deputy Mayor Brown added, `'The excuse that I got from the newsletter (issue) was that the Chamber sponsors
the Oviedo Christmas Parade and Tree Lighting."
Commissioner Bonner noted that he was not pleased to hear that we were not receiving Financial Reports and
added, "I do recall that the outgoing President came in and actually gave some attention to this matter — it is a
shame if it hasn't changed."
COMIVIISSIONER BONNER SAID, "I WILL GO ALONG WITH SUPPORTING THE SUGGESTION
THAT WE DO INVITE THEM FOR A WORK.SHOP AND WE HOLD OFF ON THE PAYMENT
PENDING THE WORKSHOP."
COMIVIISSIONER HOVEY ASKED, "DID YOU MAKE THAT A MOTION BECAUSE I WII.L
SECOND IT IF YOU DID."
"I WILL PUT THAT IN A FORM OF A MOTION THEN AS STATED." MOTION BY
COA�IlVIISSIONER BONNER SECONDED BY COMII�SSIONER HOVEY. DISCUSSION.
MAYOR LACEY RESTATED THE MOTION BY SAYING, "THAT WE SCHEDULE A WORKSHOP
WITH OVIEDO-WINTER SPRINGS REGIONAL CHAMBER OF COMIV�RCE AND WITHHOLD
OUR NEXT ANNUAL DUES UNTIL THE SATISFACTORILY COMPLETION OF THE WORKSHOP."
CITY OF WTNTER SPRINGS, FLORIDA MINLJTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 17 OF 41
CONTINUING, MAYOR LACEY REMARKED, "DO WE WANT TO TRY TO SCHEDULE A TIlVIE
NOW OR WATT UNTIL AFTER THE FIRST OF THE YEAR?" DEPUTY MAYOR BROWN AND
COMIVIISSIONER KREBS SAID, "LET'S WATT UNTIL AFTER THE FIRST OF THE YEAR." THERE
WERE NO OBJECTIONS VOICED.
VOTE:
DEPUTY MAYOR BROWN: AYE
COMMISSIONER RESIVICK: AYE
COMII�SSIONER KREBS: AYE
COM11'IISSIONER HOVEY: AYE
COMIVIISSIONER BONNER: AYE
MOTION CARRIED.
Next, Manager Smith commented, "Previously this Commission has suspended its rules regarding parking in the
street during the Holiday season. We've only had a Meeting most recently on November 15`�, so we are into the
Holiday season obviously, but we just ask if this body would be of that mindset this year?"
Commissioner Hovey, Commissioner Krebs, and Commissioner Bonner said, '1'es." No objections were noted.
Mayor Lacey suggested that Manager Smith look into the on-street pazking Ordinance that was Approved, in
terms of suspending it, and added, "As I recall, it actually provides for suspension by Resolution." Manager
Smith asked, "My understanding is that, yes, it does require a Resolution to do such..." Mayor Lacey added,
'`...Things are a little bit different this year than in the past because we have a new Ordinance that governs this."
Chief of Police Kevin Brunelle stated, "Correct. It calls for suspension by Resolution but it also gives you the
right to do it for the Holidays." Manager Smith added, "If that's the case Mayor, this body is of the mindset to do
so. Anthony (Garganese), could we prepare a quick Resolution?" Attorney Garganese said, "We did that last
yeaz." Attorney Garganese added, "I`11 clone it and just change the Resolution number."
"SO MOVED THAT WE DO THE RESOLUTION FROM LAST YEAR." MOTION BY
C011�VIISSIONER HOVEY. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION.
MAYOR LACEY SAID, "THAT WE ADOPT LAST YEAR'S RESOLUTION AND I INFER THAT WE
ARE GOING TO SUSPEND ENFORCEMENT I1VIl��DIATELY."
CHIEF BRUNELLE ADDED, "AND WE'LL CONTINUE TO DO THE HEALTH, SAFETY ISSUE. IF
THERE ARE ANY PROBLEMS WITH THE PARI�NG, WE'LL STAY ON TOP OF THAT."
VOTE:
COMIVIISSIONER RES1vICK: AYE
COMIVIISSIONER KREBS: AYE
DEPUTY MAYOR BROWN: AYE
COMMISSIONER BONNER: AYE
COMNIISSIONER HOVEY: AYE
MOTION CARRIED.
Manager Smith then spoke of his upcoming schedule.
REPORTS
402. Office Of The City Clerk — Andrea Lorenzo-Luaces, MMC
No Report.
C[TY OF Vl�'[NTER SPRINGS, FLORIDA MINUTES CITY COMMISSIO REGULAR MEETING - DE 13, 2010 PAGE 18 OF 41
REPORTS
403. Office Of Commissioner Seat Three — The Honorable Gary Bonner
Commissioner Bonner noted, "Just some quick thanks and appreciation to Staff. First of all to the Chief for a
terrific Explorer benefiting Golf Tournament and raising some money that was able to assist with another terrific
event, Shop With A Cop that just took place this past weekend. And of course the Tree Lighting w�as a real hit.
The numbers from my observation appeared to be up and that is a great trend for what our goal is - and well done.
Everyone had a great time."
Additionally, Commissioner Bonner commented, "So, thank you for those great events and engaging our
community�."
REPORTS
404. Office Of Commissioner Seat Four— The Honorable Cade J. Resnick
Commissioner Resnick commented, "Just to echo the words from Commissioner Bonner, also the Shop With a
Cop e��ent, that w�as my first time. Chief, for me it was a great event and would you pass on to the rest of the
Police Staff, they handled it really well. I felt really comfortable being there and we were well accepted from the
people at Walmart. Both the Staff that were there and the people that were shopping - we got some cheers for
what w�e were doing. So, definitely pass that along. Good job!
As for the Tree Lighting again, great event. Great experience being out there. Well coordinated, so Chris
(Caldwell, Interim Director, Parks and Recreation Department) and Chris (Carson, Recreation
Supervisor/Programs, Parks and Recreation Department)) and everybody else, thank you for that.
On another note, outside of here but in the area of education - I met with Representative Plakon who is in this area
involving education and there is going to be a Legislative Bill coming along so anybody here that is a parent,
anybody here who themselves might be involved in education, keep your ears and eyes on the press, and ears on
the new�s because there are going to be a lot of changes in the area of education, coming very soon."
Lastly, Commissioner Resnick commented about an article related to his background and suggested that if anyone
had any- questions, to ask him personally.
REPORTS
405. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs
Commissioner Krebs referenced Commissioner Resnick's comments and said to Attorney Garganese, "When �i�e
do want to pass something to the Commissioners, what's the right procedure for us to take? Do we send it to
them directly? I always thought we sent it maybe through either you or Andrea (Lorenzo-Luaces, City Clerk) so
that you could review it and see that somehow it would get passed; if we wanted it to be shared, we could request
it to be shared."
Attorney Garganese stated, "That has been the procedure that we've recommended rather than you all sending
information back and forth to each other regarding City business outside of a public meeting, we ask that you
send it to the City Clerk, or myself, or the Manager and say, `This is something of interest that could be shared
with the other Commissioners', and then it would be distributed to the Commission. There is some nuance
regarding position papers when y�ou're dealing with issues.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSIO RE MEETING - DECEh'IBER 13 2010 PAGE 19 OF 41
If the Commissioner wanted to prepare a position paper on an issue and they forwarded it to Andrea (Lorenzo-
Luaces) for example, and that was passed on to the other Commissioners, I would advise you at that point not to
respond to that position paper unless you're in an advertised public meeting. But information, just like fact
gathering and passing information along, centralized through the Clerk's Office, or me, or the Manager."
Discussion.
Next, Commissioner Krebs asked to see Chris Caldwell's logo on his shirt and said to Manager Smith, "It would
be nice if w�e could get colored logos. Look at this. Did everybody see this?" Commissioner Krebs then asked,
"Did LDI (Land Design Innovations, Inc.) do that?" Manager Smith commented, "Staff can attest to the fact that
the logo con��ersation is on our Staff Meeting to do list and we've been working on that and we'll be back soon."
Commissioner Krebs stated, `But I do like it. I am just wondering if we all can get a change in something that is
kind of colorful." Manager Smith added, "Lot of good, new things happening in Parks and Rec[reation] these
days, Commission."
Continuing, Commissioner Krebs mentioned that she had received a lot of positive comments about the Holiday
Parade being after Thanksgiving which helped everyone enjoy the Thanksgiving holidays more and thanked Staff
for that.
Next, Commissioner Krebs asked why the Ordinance regarding Pain Clinics went to the Planning and Zoning
Board/Local Planning Agency, and inquired, "Was that because it had Land Use issues?"
Attorney Garganese responded, "Yes. That is exactly why. It affects the right to initiate a Permitted Conditional
Prohibited Use, so because it affects Zoning, it needs to go to the LPA/P&Z (Local Planning Agency/Planning
and Zoning Board) for a recommendation to the Commission."
Commissioner Krebs then said, "And I suspected that; but because an Ordinance is a Law, I would have thought
that may�be there would ha��e been legal representation there for questions from P&Z (Planning and Zoning
Board/Local Planning Agency) should there be as I understand there were some, but I don't know that Randy
(Stevenson) could legally answer them because he didn't have the legalese." Commissioner Krebs continued by
saying, "I don't know how the rest of the Commission feels, but when we have something like an Ordinance
going through that group and I don't think it happens that often, that we have at least some kind of legal
representation there should there be some kind of questions for that." Attorney Garganese stated, "Right."
Attorney° Garganese added, "That has never been the direction from the Commission. I would be happy to Staff
that Board when ❑ecessary." Commissioner Krebs then added, "Well that is all it was - is when necessary, when
there is something like that." Attorney Garganese responded, "We can do that."
Continuing, Commissioner Krebs then added, "I would probably ask the City Manager - if there is a Consensus
among the Commission here." Manager Smith said, "Mayor, I would ask for a Consensus from the Commission
to expend funds to do that."
May�or Lacey asked, "And y�ou are referring to just issues that come up that are related to Ordinances not the
normal." Commissioner Krebs noted, "They would have to have a legal question, especially Ordinances that are
going to come before us, because those are going to be Laws."
Commissioner Bonner stated, "I think Commissioner Krebs is right on the money where our citizen volunteers are
to render an opinion to us and it does go into that legal realm. We really should provide the service for them so
that they can ha��e the Counsel and I am going to expound on that and make sure that that includes all of our
citizens, any of our Boards, that if the other Boards were ever to be in a similar situation. So, I support that,
absolutely."
CTTY OF VJINTER SPRINGS, FLORmA MINLJTES CITY COMM REGIJLAR MEETING - DECEMBER 13, 2010 PAGE 20 OF 41
Mayor Lacey asked, "Is there a Motion?" Commissioner Bonner asked, "Dces that need to be in a form of a
Motion Anthony (Garganese)?" Attorney Garganese replied, `Yes." Mayor Lacey added, "An expenditure of
funds should be in the Record."
Manager Smith then inquired, "Would it be agreeable that maybe Anthony (Garganese) and I have some
discretion on when it would be applied or not."
Attorney Garganese said, "Some Ordinances aze just so Planning oriented that our participation would be
extremely minimal; but on some of the more complicated items, I mean we would be happy to attend."
Commissioner Bonner mentioned, "Board Members and/or the Chair of each respective Board — do they have the
same privilege that we do to an advanced Agenda? Maybe we need a process where if they anticipate a legal
need, they could bring forward a request for service instead of asking the Manager or the Attorney to anticipate
the need - maybe we could ask the Board leaderships to make a request, and therefore, they are anticipating
questions; or do we need to provide the service for them because we anticipate the questions? Just trying to think
that through so, we don't needlessly utilize the service."
Attorney Garganese stated, "I'll work with the Manager's Office and make that determination with the Manager
and also talk to the Chairperson; and if the Chairperson feels as well that there is a need for an Attorney presence
at the Meeting, the Chair can always contact me or the Manager's Office and kind of let the Chair be the
barometer for the Board and let us be the barometer at the Staff level."
Manager Smith added, "We certainly want to be able to provide the resources that your Advisory Boards need to
properly advise you. Absolutely."
Commissioner Krebs said, "But I think the word `Ordinance' should send up a red flag and anytime you see the
v��ord `Ordinance', then that should be looked at."
"I WILL MAKE A MOTION THAT THE CITY MANAGER - MEET WITH THE CITY ATTORNEY
REGARDING LEGAL REPRESENTATION AS NECESSARY IN THE FUTURE AT OUR BOARDS."
MOTION BY COMNIISSIONER KREBS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION.
VOTE:
COIVIlVIISSIONER KREBS: AYE
C011�VIISSIONER BONNER: AYE
DEPUTY MAYOR BROWN: AYE
COMII�SSIONER HOVEY: AYE
CONIlVIISSIONER RES1vICK: AYE
MOTION CARRIED.
Commissioner Krebs stated, "Neat year, as most of you know, I am going to be First Vice President of the Tri-
County League of Cities and in that position, one of my positions is Legislative updates." Continuing,
Commissioner Krebs noted, "So, under my Seat, I thought maybe some of you might like some of those reports in
a brief summary as they come up, and I would appreciate anything from the City Attorney's Office that he may
come across that I might be interested in checking into or bringing back to the Commission." Attorney Garganese
remarked, "Okay."
Manager Smith stated, "We also get some updates regarding Legislative issues from Jim Linn, our Pension
Attorney, so I'd be happy to forw�azd those to you also."
CITY OF W'IN SPRINGS, FLORIDA MWL)TES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 21 OF 41
Commissioner Krebs then said, "Anything like that. Because one of the big things I think that Florida League (of
Cities) is really going to be big on the TABOR (Ta�cpayer Bill of Rights) issue that is out there." Mayor Lacey
added, "I get a very nice summary of legislative activity from Gray Robinson (P.A.) when the Legislature is in
Session, so I will forward those on to you. You can be our clearing house for all Legislative matters."
Commissioner Hovey asked Mayor Lacey, "Could you forwazd it to me too?"
Lastly, Commissioner Krebs wished everyone a Merry Christmas.
REPORTS
40b. Office Of T6e Mayor — The Honorable Charles Lacey
Mayor Lacey stated, "We had CALNO (Council of Local Governments in Seminole County) meet here in the
City a couple of weeks ago and Commissioners Hovey and Resnick attended with me and we had light attendance
but our Chief came and gave an impressive presentation on `Operation Medicine Cabinet' and I was presently
surprised at the reception he got."
Manager Smith added, "I am very proud to say that it looks like we aze out on the forefront of that issue and set
the lead through Anthony's (Garganese) Office and the Chiefls Office."
Chief Brunelle addressed the City Commission.
Mayor Lacey remarked, "Thanks for spending your evening with CALNO (Council of Local Governments in
Seminole County) Chief." Chief Brunelle responded, '`Absolutely." Manager Smith stated, "I just w�anted to
share that this Commission has taken the lead yet again." Mayor Lacey commented, "I noticed Oviedo is passing
an Ordinance at their last Meeting." Manager Smith added, "My understanding a lot are now following up vvith
similar Ordinances."
Further comments followed with Chief Brunelle.
Next, Mayor Lacey stated, "I was honored to be at the graduation class for the second Citizens Academy."
Discussion.
With further comments on the Citizens on Patrol (COPS) program, Manager Smith stated, "We are moving and
making progress there, so my kudo's to the Chie£"
Mayor Lacey explained, "I also attended a meeting of the Central Florida partnership where they are gearing up
for a High Speed Rail campaign very similar to the group they brought together to oppose Amendment 4 and I
was there, mostly to listen. At some point, I would probably like to get some Consensus from this Commission as
to whether they think the City should be supporting, or neutral, or possibly in opposition to that effort."
Furthermore, Mayor Lacey mentioned that he went to Temple Israel yesterday and met the new Rabbi.
Lastly, Mayor Lacey remarked, "To Commissioner Krebs point about Tri-County (League of Cities) and the
conflict v��ith Oviedo-Winter Springs, I apologize publicly that I am not going to be there for the Tri-County
(League of Cities) meeting in January because of the direct conflict with the Oviedo-Winter Springs (Regional
Chamber of Commerce) - in this case, it is the `State of the City Address'."
CITY OF V4'INTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGUL MEE TING — DECEMBER 13, 2010 PAGE 22 OF A 1
REPORTS
407. Office Of Commissioner Seat One — The Honorable Jean Hovey
Commissioner Hovey asked about the status of the Brighthouse project on Moss Road. Brief comments.
Continuing, Commissioner Hovey then said, "Seminole County PTA (Parent-Teachers Association) is going to
have the Chief come and speak at one of theu meetings about `Operation Medicine Cabinet', because while we
are right now the only City that does it, it is important for our parents to know what is going on."
Commissioner Hovey then commented on TABOR (Taxpayer Bill of Rights) and her concerns with it, and stated,
"You need to be aw�are. You need to contact your representatives. If they don't know who you are, you need to
let them know who you are and send them an email every day."
Lastly, Commissioner Hovey remarked, "The Parade was great." Commissioner Hovey also thought the Tree
Lighting event was nicely done, but heard a few comments that some people thought the Tree Lighting event
would begin at 6:00 p.m., instead of the 6:30 p.m. start, and the later time seemed to be tough on some families
with young children.
Tape 2!Side A
Commissioner Bonner added, "Again, a terrific event." Continuing, Commissioner Bonner suggested that for
future events, the Christmas Tree boxes and decorations should be tied down so they did not blow away�.
REPORTS
408. Office Of Commissioner Seat Two/Deputy Mayor — The Honorable Rick Brown
Deputy May�or Browrn thanked the City Commission and the community for the flowers and kind thoughts shared
with his family over the last couple of weeks.
Secondly, Deputy Mayror Brown mentioned that this Saturday is the Candy Cane SK Run and as of this morning,
there w�ere 357 registrants signed up for this event. Deputy Mayor Brown added that if they exceed 500 runners,
that that would put this SK in the top five percent (5%) of all SK's in the country.
Deputy Mayor Brown then asked about the Scottish Highland Games.
Mr. Caldwell pro��ided a brief update to the City Commission on this event; to which Deputy Mayor Brown
explained, "Business wise, we are major Sponsors, and I just haven't heard from those guys recently." Mr.
Caldwell responded, "I can ask."
Next, Deputy Mayor Brown said to Manager Smith, "Mr. Ale�nder mentioned getting the Reports from them —
can you add me to that list?" Manager Smith responded, "Yes."
Referencing Informational Agenda Item `104', Deputy Mayor Brown spoke on community events and noted, "It
is e�remely encouraging now to see the fmancial position that we are maintaining; and looking at that list - the
success that we had with the Hometown Harvest and coming in almost at a break-even which I think was a great
tribute to City Staff for making that happen; and second is that we have a huge gap between February and July
where we ty�pically have had a Philharmonic Concert in some past years with some kind of event going on in the
March/April time frame — did we want to entertain doing something like that again?"
Manager Smith commented, "The Commission had previously talked about four (4) events, including a Spring
event. My request to you all at Budget Workshops this past year was that we forgo that event this year and wait
and come out strong w�hen our new amphitheater is built in the following Spring time frame."
CTTY OF WINTER SPRP.dGS, FLORIDA MINi1TES CITY COMMISSIO R EGUI .AR MEETING — DECEMBER 13, 2010 PAGE 23 OF 41
Discussion.
Commissioner Bonner noted, "I also applaud our fiscally conservative approach to events and I know we have
citizens that have been helping out in that regazd as well." Continuing, Commissioner Bonner suggested, "That
citizen Committee, allow them to work with Staff which is the way I envision the process working. Let them let
us know — if it will fit this year or not I personally would like to hear — let our citizens address that and if the
answer is `Yes', and they can work out the numbers, that sounds great. If the answer is `Not right now', but we
will get back to you next year, that is fine too."
Commissioner Krebs remarked, "I don't disagree with that. I do think that though, our Boards take direction from
us and so — when we say we would like to see something during this period of time, then it would be appropriate,
I belie��e, that it go to the Boards and then they come up w�ith something."
Discussion followed on a Navy Band that performed at a previous 4`� of July event, or similar type entertainment;
and related funding for such an event.
Manager Smith offered, "I would suggest Mayor and Commission, that if this Commission is of the mindset that
we potentially do something this Spring season, give Staff and I the opportunity to go back and bring something
forward to you all in an Agenda Item for your consideration."
Deputy Mayor Brown also thought that the City Commission should advise their Boards of any interest the City
Commission has in holding a particular event, and then letting the Boards assist.
Mayor Lacey asked Manager Smith, "Are you optimistic that you have Staff time and funds available that don't
dip into the Reserves?" Manager Smith responded, "I would like to have again, the opportunity to see what we
can fmd - and there will obviously be some costs." Manager Smith added, "It's going to depend on, as
Commissioner Krebs talked about, what we can find as far as some type of appropriate entertainment that is
affordable. As far as raising donations and sponsorships, we've got our work cut out for us; because we've tried
to focus the majority of our efforts moving forward on 4`� of July. So, I hate to detract from that again..."
Commissioner Krebs said, "...No don't."
Mayor Lacey commented, `'That is part of my concern. You are staffmg down to the right size for the City. I
want to make sure that you have Staff time as well as the dollars to do this." Furthermore, Mayor Lacey noted,
"My request is that you do that evaluation when you come back to us, that we understand what the costs are to us
in all respects."
Commissioner Hovey suggested that Staff check with the high school and Indian Trails Middle School for the
availability� of their Orchestras. Mr. Caldwell remarked, "That is a very good suggestion. We would actually
look at what is out there in the community — nearby that wouldn't cost us a lot of money. Maybe we could
partner up with someone that is already performing or doing something locally, and we would look into that
option."
Depury Mayor Brown added, "Absolutely nothing should come out of Reserves and all events should be revenue
neutral."
Depury Ma}�or Browrn then mentioned his schedule.
PUBLIC INPUT
No one spoke.
CITY OF WINTER SPRINGS, FLORIDA MINLJTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 24 OF 41
Referring back to the last discussion about a possible Spring event, Manager Smith asked for clarification and
said to the City Commission, "Am I going to research it or not?" Commissioner Krebs and Commissioner Hovey
stated, "Yes." Mayor Lacey added, "I believe you are." No objections were voiced.
PUBLIC HEARINGS AGENDA
PIBLIC HE_�RL�GS
500. Public Works Department
REQUEST: Requesdng The City Commission Approve On 2 Readiag Ordinance 2010-24 — Eztension Of
The Solid Waste Franchise Agreement.
FISCAL IlViPACT: The Franchise Agreement Eztension Maintains The Current Monthly Residential
Rate Of $18.10 For An Additional Four Years (Nine Years Total With No Increase) With Only A Slight
Decrease To The Solid Waste Fund Reserves Consistent Wit6 The Pro Forma.
Shifting The Residential Roll Offs To An Open Market May Provide Cost Reductions To Residents
Undertaking Home Imprnvement Projects.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press
Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associatioas
On File With The City, Ail Individuals Who Have Requested Agendas/Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Addidonal Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
Furthermore, The Following Has Also Been Completed To Further Communicate The Information In This
Agenda Item:
1) T6e Notice Of The 2nd Reading Of Ordinance 2010-24 Was Duly Published In The Orlando
Sentinel On December 2, 2010.
RECOIVIl��NDATION: It Is Recommended That The City Commission Hold A Public Hearing And
Approve On 2 Reading Ordinance 2010-24 Which Adopts An Addendum To The Solid Waste Franchise
Agreement With Waste Pro Of Florida, Inc., Eztends The Term For Four More Years, And Makes Other
Miscellaneous Amendments.
Attorney Garganese read the Ordinance by "Title" only.
Mr. Kip Lockcuff briefly spoke on the legal advertisement for this Ordinance.
Mr. Shaw�n Boyle explained, "First of all, things that we were doing for the replacement of recycle bins but not
totes, is we actually did have it up on the Website, on the Winter Springs' Website under `Questions' and
answers. And we also did have a full page fact sheet that was available to all new customers.
Rolling forvvard, some of the things that we thought we could do to expand customer service — working closely
with Commissioner Bonner, simply we're going to print stickers - and we're to place them on the recycle bins so
that when people have a broken one, they'll know exactly what phone number to call for replacement. Second is
and y�ou've probably already seen this, we had the billboard running and it has a phone numher for individuals to
call and replace, and we've had a considerable response to that. We've had several people exchange them.
CITY OF WINTER SPRINGS, FLORIDA MINLJTES CITY COMMISSION REGU MEETING - DECEMBER 13, 2010 PAGE 25 OF 41
We're also running a comment on the Utility Bills themselves, it will probably be effective in February. It will be
for all four (4) cycles; it will have again the same repeat information of how to replace a recycle bin if you need
one (1) replaced. We're also going to include a news article in the Newsletter that we produce, that will walk
people through the process of the recycle bin and the totes, if they need replacement."
Mr. Boyle then reviewed changes to the Ciry's Website and such changes were shown to those in attendance.
Mr. Lockcuff and NIr. Boyle thanked Mr. Tim Dolan of Waste Pro of Florida for his assistance.
Mr. Boyle added, "I think we have expanded the customer service aspect of it considerably. We appreciate the
comments that were made. We won't rest on our laurels, we will continue to improve. I think there were a
couple of other comments that we're looking into the practicality of implementing those too."
Commissioner Krebs thanked Mr. Dolan and asked if the sticker be included in the Utility Bills. Mr. Boyle said,
"We can certainly do that. There will be a cost, but we can take a look at it and see what the costs associated with
that would be." Related to Commissioner Krebs' comments, Commissioner Hovey thought this might help draw
customer's attention to any messages included in Utility Bills.
Next, Commissioner Hovey thanked those involved with the replacement of her broken trash receptacle.
Commissioner Bonner remarked, "I want to also extend my appreciation to Staff and Waste Pro (of Florida) for
your response to these challenges." Commissioner Bonner added, `'Directionally, excellent work Staff. And, it is
the kind of response that I look for in a valued vendor partner so I also want to compliment Mr. Dolan's
organization for stepping up to work with our Staff to help us provide a better customer service experience, and
you are absolutely right, do not rest. Keep moving forward in the spirit of customer service; so well done. Thank
you." Deputy Mayor Brown also agreed and said "Thank you very much."
Franchise renewal costs were briefly addressed next.
Manager Smith also thanked Mr. Dolan and Waste Pro of Florida.
Mayor Lacey opened the "Public Input" portion of the Agenda Item.
No one spoke.
Mayor Lacey closed the "Public Input" portion of the Agenda Item.
"MOTION TO APPROVE (ORDINANCE 2010-24)." MOTION BY COMMISSIONER KREBS.
SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION.
VOTE:
CONIl�IISSIONER RESIVICK: AYE
COMII�SSIONER KREBS: AYE
COMIVIISSIONER HOVEY: AYE
DEPUTY MAYOR BROWN: AYE
COMIVIISSIONER BONNER: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13. 2010 PAGE 26 OF 41
PL`BLIC HEaRIhGS
501. Office Of The City Attorney
REQUEST: Requests That The City Commission Pass On Second Reading Ordinance No. (Number)
2010-22, Which Declares A Moratorium As To The Filing And/Or Receiving Of Any Application For, Or
The Issuance Of, Business Tax Receipts Or Land Use Approvals, Regarding The Operation Of "Pain
Management Clinics" For Two-Hundred And Seventy (270) Days.
FISCAL IlVIPACT: There May Be A De Minimis Fiscal Impact Associated With Passage Of This
Ordinance Since The Ordinance Prohibits The City From Accepting Payments Of The Business Tax For
Pain Management Clinics During The Moratorium Time Period.
COMMUNICATION EFFORTS:
RECOMMENDATION: The City Attorney Recommends That The City Commission Pass Ordinance
2010-22 On Second Reading.
Attorney Garganese read the Ordinance by "Title" and explained, "After the first Reading of this Ordinance,
Orange County as noted in the Agenda Item, took up this same issue and under their rules of procedure, they�
adopted a Moratorium on Pain Management Clinics." Attorney Garganese added, "Orange Counry adopted tv��o
(2) additional provisions to their Moratorium Ordinance. One was to prohibit cash only transactions in these
establishments, as well as regulating the hours of operation to between 7:00 a.m. and 9:00 p.m. As a result of
these two (2) operational aspects of the Moratorium, I talked to the Police Chief regarding this to try to stay ahead
of the cur��e a little and that since Orange County is imposing these requirements, it's probably beneficial — and
advisable that the City also adopt the same restrictions in its Moratorium."
Chief Brunelle addressed the City Commission on issues related to this Ordinance.
Mayor Lacey opened the "Public Input" portion of the Agenda Item.
No one spoke.
Mayor Lacey closed the "Public Input" portion of the Agenda Item.
MOTION TO APPROVE ORDINANCE 2010-22. MOTION BY DEPUTY MAYOR BROWN.
SECONDED BY COMIVIISSIONER HOVEY. DISCUSSION.
VOTE:
COMNIISSIONER HOVEY: AYE
COMNIISSIONER RES1vICK: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BONNER: AYE
DEPUTY MAYOR BROWN: AYE
MOTION CARRIED.
REGULAR AGENDA
REGCLaR
600. Office Of The City Manager And Community Development Department
REQUEST: Requests The Coramission Review And Approve An Interlocal Agreemeot With The City Of
Oviedo Establishing A Joint Economic Development Task Force Serving Both Oviedo And Winter Springs
And Authorize The Mavor To Execute Said Interlocal Agreement.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETRvG — DECEMBER 13, 2010 PAGE 27 OF 41
FISCAL IMPACT: As Stated Above, The City That Appoints The Chairperson Shall Have The
Administrative Responsibilities Reladve To The Task Force Such As Preparation Of Agendas And Meeting
Notices; The Taking Of Minutes; And Related Clerical And Logistical Matters. In The Joint Meeting, It
Was Agreed That Winter Springs Would Appoiat The First Chairperson, To Serve Until December 31,
2012. The City Clerk Has Estimated The Costs For Performing These Duties At Approximately $770.00
Per Meeting. The City Manager Will Seek A Reallocation Of Current Budgeted Funds To Cover The City
Clerk's Cost Of Supporting The Meeting Of The Joint Economic Development Task Force.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press
Representatives W6o Have Requested Agendas/Agenda Item Information, Atl Homeowner's Associations
On File With The City, Atl Individuals Who Have Requested Agendas/Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hatl With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION:
Staff Recommends That The City Commission:
1. Approve The Interlocal Agreement Establis6ing With The City Of Oviedo Establishing The Joint
Economic Development Task Force.
2. If The Commission Approves The Interlocal Agreement, Staff Recommends That The Commissiou
Appoint John Bush As Winter Springs' At-Large Member To The Task Force.
3. Pursuant To Previous Discussions At The Joint Meeting With The City Of Oviedo And Per The
Actions Taken By The Oviedo City Council At Their Regular Meeting On December 6, 2010, Staff
Recommends T6e Commission Confirm The Remaining Members6ip Of T6e Task Force As Enumerated
Above. If The Commission Confirms The Individuals Listed For Membership, Staff Will Work With The
City Of Oviedo To Contact These Individuals Aad Make Formal Requests That They Serve On The Task
Force.
Mayor Lacey commented on the Agreement and noted that Oviedo's Mayor pominic Persampiere and former
Winter Springs' Mayor John F. Bush "Would like to have a fourth Ex Officio member be in the Agreement and
that would be the Seminole Regional Chamber of Commerce, its' Chairman or designee."
Commissioner Bonner stated, "I support that." No objections were noted.
Discussion follov��ed on administrative support for the new Joint Economic Development Task Force. Related to
forthcoming meetings, Manager Smith remarked, "The result and the prize here is so huge - that being Economic
Development, so my opinion is we don't want to do anything to stifle the Committee's approach; however, I
would ask that they be as efficient as possible and have the meetings as only as often as they need to do their good
work."
Office of the City Clerk staffing; work demands and responsibilities; Economic Development funding; possible
temporary staffing; Records Management; and workload issues were addressed next.
Tape 2/Side B
Further discussion ensued on staffing and related costs.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 28 OF 41
Manager Smith commented on the Cityr's fiscal health and noted that other Departments need additional Staff
alsa Manager Smith then mentioned, "The goal is to reduce head count because that's seventy percent (70%) of
our costs." Furthermore, Manager Smith added, "That doesn't mean that at times you don't allocate cunent
resources to different jobs. That would be my first goal is to look at jobs that we have right now and see if they
ha�e outlived their usefulness."
Manager Smith then suggested, "Reducing our number of boards may be a better approach, maybe some Boards
have outlived their usefulness and now a BPAC (Bicycle and Pedestrian Advisory Committee), a Parks and
Rec[reation] (Advisory Committee), and a(Joint) Economic Development [Task Force) Board are more useful
Boards to this Commission; so, maybe there is a sweet spot of the number of Boards that - the Clerk's Department
can handle with her current staffing and anything beyond that we need additional Staff, and so on and so forth."
Additionally�, Manager Smith added, "My recommendation would be that we identify a number of Boards that we
can handle with our current head count and stick to that. If we don't do that, I would look to say maybe there is a
temporary time frame that we could hire an additional position with a date certain and take that approach; rather
than having an ongoing full-time position. I would look to alternative ways to reduce the Clerk's workload, rather
than add head count."
Commissioner Bonner complimented Manager Smith on his fiscal concerns and stated, "I absolutely support
everything that you are say�ing and it is the fiscally responsible and conservative position that I always want you to
articulate; so very, ��erv well done and right on point."
With further comments, Commissioner Bonner remarked, "I wish to appropriately resource Economic
Development as the priority for the City; therefore we must appropriately in my view, support this new�
organization w�ho quite frankly we are counting on to deliver that for us; and that includes the human resource
necessary or the clerical resource - to accomplish that." Additionally, Commissioner Bonner said, "All other
options should be e�chausted before we make the critical decision of adding a head count. I absolutely agree with
that."
Next, Commissioner Bonner added, "My position on this is to have the Manager and the Clerk get together and
bring us back a solution at our very next Meeting, that is going to provide the clerical resources that are going to
be so vital to the success of this Task Force."
Further comments.
Commissioner Resnick commented on temporary staffing issues, and suggested that the City� Clerk could also
personally� advise the City Commission about her workload.
With additional discussion, Commissioner Krebs noted, "I am okay with Andrea (Lorenzo-Luaces) sitting down
with Kevin (Smith) but I want there to be a solution. I mean, I think everybody here wants there to be a solution;
not just, `Well, we have come back', and not three (3) months from now. This is something that needs to happen
immediately and be taken care of, so that we can make our decision."
Further comments followed on the City's Boards and Committees and the new Joint Economic Development Task
Force.
Deputy Mayor Brown stated, "I am okay with them working out a solution, but I would like that solution to come
back with a date certain." Deputy Mayor Brown added, "You said the next Meeting, I think that is perfectly fine
v��ith me." Deputy Mayor Brown added, "Let's set a date certain and let us see what they come back with."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMM[SSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 29 OF 41
Manager Smith stated, "While I agree with Commissioner Krebs and you all that you all have a responsibility to
Andrea (Lorenzo-Luaces), but you also, I would think you would have a responsibility to me and to the
individuals that work for me, and I can look at Directors out here, who I know have needs, and I have told them
`No'." Manager Smith added, "I have told every one of them `No. You figure out a better way. You do more
with less'." Continuing, Manager Smith said, "I would respectfully ask you to understand that I have
responsibilities to those folks."
Discussion followed on actions of the City Commission, the City Manager and his Department Directors, and the
merits of Economic Development.
Manager Smith then noted, "Just so I understand the parameters that I'm working with, if I may, entertaining
reduction in the head count of Boards is not an option?" Depury Mayor Brown stated, "Yes it is." Mayor Lacey
also said, "Yes." No objections were voiced.
Manager Smith explained, "I would hope that the Commission would respect that I think there is a sweet spot of
the workload for the Clerk and that perhaps, this is an important Board now and maybe priorities are shifted, so
that is a potential option to entertain." Deputy Mayor Brown commented, "How often they meet - there are some
that would maybe like to meet annually." Commissioner Krebs remarked, "It could be any combination."
Deputy Mayor Brown then said to Manager Smith, "I think you have an open door to do whatever you need."
Commissioner Hovey asked Manager Smith about the option of Volunteers for any Departments that could use
assistance. Manager Smith explained, "We utilize that option extensively." Commissioner Hovey then said to
Manager Smith, "If we know anybody that is interested, they could contact you?" Manager Smith responded,
"Sure."
With further comments, Commissioner Bonner said to Manager Smith, "Once again, you are articulating the
mission perfectly. You are challenging and you are delivering our message which is now, `Do more with less.
Invent. Re-invent. Re-develop'. So again, you are spot on with the message."
Regarding possible solutions, Commissioner Bonner then noted, "Nothing is off the table." Additionally,
Commissioner Bonner commented to Manager Smith, "You and Andrea (Lorenzo-Luaces) deserve the
opportuniry to assess everything and bring forward an answer to this clear direction. The clear direction is we
must resource this effort."
Discussion.
Mayor Lacey remarked, "I would hope that the answer is not that we need another forty thousand dollar
($40,000.00) resource. I think this is a classic case of prioritizing our needs and we have stated that we have a
need to support the Economic Development Task Force and we should put that in comparison with all of the other
things that the Clerk's Office does, and see what things are less important than this, that can drop off." Further
comments.
"I WOULD LIKE TO MOTION FOR THE APPROVAL OF ITEM `600'." MOTION BY
COMMISSIONER BONNER.
MAYOR LACEY ASKED, "WOULD YOU MAKE THAT APPROVAL TO INCLUDE THE FOURTH
EX OFFICIO MEMBER?"
COMMISSIONER BONNER NOTED, "AND I WILL MAKE THAT APPROVAL
RECOMMENDATION WITH THE INCLUSION OF THE FOURTH (EX) OFFICIO MEMBER FROM
SEMINOLE COUNTY CHAMBER (OF COMMERCE)?"
SECONDED BY COMII�SSIONER HOVEY. DISCUSSION.
CITY OF W'INTER SPRINGS, FLORIDA M[NUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 30 OF 41
MAYOR LACEY RESTATED THE MOTION AS, "TO APPROVE THE INTERLOCAL AGREEMENT
WITH THE ADDITION OF SENIINOLE REGIONAL CHAMBER (OF COMMERCE) AS A FOURTH
EX OFFICIO MEMBER."
VOTE:
CONIlVIISSIONER HOVEY: AYE
COMNIISSIONER BONNER: AYE
COMNIISSIONER KREBS: AYE
DEPUTY MAYOR BROWN: AYE
COMNIISSIONER RESNICK: AYE
MOTION CARRIED.
May�or Lacey� stated, "Oviedo has Appointed their general Appointment At Large - Mr. (Robert) Brancheau."
Furthermore, May�or Lacey remarked, "It has been discussed and I assume, still the will of this Board that our At
Large Appointment will be Chair, is going to be former Mayor (John) Bush.
Discussion followed on the Metro EDC (Metro Orlando Economic Development Commission) and their
organization, to w�hich May�or Lacey noted, "Brian Walters who is the Manager in charge of that group, and he
would like to personally be the one to represent Metro EDC (Metro Orlando Economic Development
Commission) on our Task Force; so I would recommend him as a Nominee. The two (2) UCF (University� Of
Central Florida) positions - Oviedo approved Cynthia Sucher as their Nominee and they have sent a letter to
Helen Donegan requesting her to authorize that."
Further, Mayor Lacey commented, "I think we have all the Appointment lined up, with the exception of Seminole
State College, and what Oviedo is doing is sending a letter to Ann McGee asking for her recommendations, so I
think we need to defer to that." Mayor Lacey also mentioned Lenny Portelli as a possible representative from
Seminole State College, and then said, "The way it is expressed in the Interlocal is basically the Senior Staff
designee of the Commission, so I think we just need to send a letter to (Commissioner) Brenda Carey asking the
Chair to bring it to the Board of County Commissioners to Approve their recommendation."
Deputy May�or Brown asked if it would be helpful to ask for bio's for the individuals the Commission is
unfamiliar with. Commissioner Krebs thought that was good idea.
Mayor Lacey asked which individuals should bio's be requested for, to which Deputy Mayor Brown suggested,
the Seminole State College representative, and the representative from the Metro Orlando Economic Development
Commission.
"I APPOINT JOHN BUSH." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY
MAYOR BROWN. DISCUSSION.
MAYOR LACEY RESTATED THE MOTION AS, "JOHN BUSH TO BE THE WINTER SPRINGS' AT
LARGE APPOINTMENT."
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER BONNER: AYE
COMMISSIONER HOVEY: AYE
COMNIISSIONER RES1vICK: AYE
DEPUTY MAYOR BROWN: AYE
MOTION CARRIED.
"I NOMINATE ED SCHONS." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY
C011�VIISSIONER HOVEY. DISCUSSION.
CITY OF �VINTER SPRINGS. FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 31 OF 41
MAYOR LACEY SUMMARIZED ED SCHONS "TO THE UCF (UNIVERSITY OF CENTRAL
FLORIDA) POSITION, FROM GOVERNMENT RELATIONS."
VOTE:
COMNIISSIONER RESNICK: AYE
COMNIISSIONER KREBS: AYE
COMNIISSIONER HOVEY: AYE
DEPUTY MAYOR BROWN: AYE
COMNIISSIONER BONNER: AYE
MOTION CARRIED.
Next, Mayor Lacey explained that the City of Oviedo had Nominated Ms. Cynthia Sucher, but that as this is a
joint Appointment, the City of Winter Springs would also need to vote on this Appointment.
"I WOULD LIKE TO NOMINATE CYNTHIA SUCHER." MOTION BY DEPUTY MAYOR BROWN.
SECONDED BY COMNIISSIONER BONNER. DISCUSSION.
MAYOR LACEY SUMMARIZED - CYNTHIA SUCHER "TO THE UCF (UNIVERSITY OF CENTRAL
FLORIDA) COMMUNITY RELATIONS."
VOTE:
COMMISSIONER HOVEY: AYE
DEPUTY MAYOR BROWN: AYE
COMMISSIONER RESNICK: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BONNER: AYE
MOTION CARRIED.
Deputy Mayor Brown further mentioned the bio's and Mayor Lacey remarked, "I will take it on to get the bio's
and distribute them through the Clerk's Office."
REGL`LAR
601. Community Development Department - Urban Beautification Services Division
REQiTEST: Requesting That The City Commission Review And Approve An Interlocal Agreement With
The U.S. 17-92 Community Redevelopment Agency (CRA) For The Shepard Road Streetscape Project,
Funded From The CRA (Community Redevelopment Agency) Redevelopment Trust Fund (RTF), In The
Amount Of $546,623.58, And Authorize The Expenditure Of $44,737.00 To Bellomo-Herbert & Company,
Paid From Proceeds Of The RTF (Redevelopment Trust Fund), For Contiuued Professional Services For
The Project.
FISCAL IMPACT: The Project Will Be Funded From T6e CRA (Community Redevelopment Agency)
RTF (Redevelopment Trust Fund) In The Amount Of $546,623.58, Which Includes The Cost Of Two (2)
Years Maintenance Of Laadscaping And Street Lighting, Paid To The City As Follows:
Project Start $176,874.52 Paid To The City From RTF
50°/a Completion 5176,874.53 Paid To The City From RTF
Completion $176,874.53 Paid To The City From RTF
Year 1— Maiatenance $8,000.00 Paid To The City From RTF
Year 2— Maintenance $8,000.00 Paid To The City From RTF
TOTAL $546,623.58
CITY OF W'INTER SPRINGS, FLORIDA MIIdUTES CITY COr�tMISSION REGULAR MEETING — DECEMBER 13. 2010 PAGE 32 OF 41
Once The Project Has Been CompeNdvely Bid In The Marketplace, Staff Will Bring The Recommended
Lowest Qualified Bidder To The Commission For Approval To Proceed With ConstrucNon Of The Project.
COMMITNICATION EFFORTS: This Agenda Item Has Been Distri6uted 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 T6e City's Website, LaserFiche, And The City's Server. Further,
Information Related To This Agenda Item Has Been Sent To Media/Press RepresentaNves Who Have
Requested Agendas/Agenda Item Informadon, All Homeowner's Associations On File With The City, All
Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also
Posted Outside City Hall; Posted Inside City Hall With Addidonal Copies Available For The General
Public; And Posted At Five (� Different Locations Around The City.
1. Staff Has Sought Feedback From The Following Landowners, A Business, A School And
Homeowner's Groups Located In And Around The Project Area:
A. Dittmer Aluminum
B. Highlands Elementary Sc6001
C. The Highlands H.O.A. (Homeowner's Association)
D. Wildwood H.O.A. (Homeowner's Association)
2. The Beautification Of Winter Springs Advisory Board Has Been Provided Copies Of The
Preliminary Plans And Will Be Working With Staff On The Final Plant Selections And Implementation Of
The Project.
RECOMIVVIENDATION: City Staff Recommends The City Commission Approve An `Interlocal
Agreement' (Attachment `A') With The U.S. 17-92 Community Redevelopment Agency (CRA) For The
S6epard Road Streetscape Project, Funded From The CRA (Community Redevelopment Agency)
Redevelopment Trust Fund (R'T� In The Amount Of $546,623.58, And Authorize The Ezpenditure Of
$44,737.00 To Condnuing Services Vendor Bellomo-Herbert & Company (RFQ# 011/09/gL), For
Compietion Of Professional Design And Consulting Services Required For Construction Of The Project,
Paid From Proceeds Provided To The City From The CRA (Community Redevelopment Agency)
Redevelopmeat Trust Fund (RTF�.
Mr. Steve Richart, Urban Beautification Services Division, Community Development Department began the
discussion on this Agenda Item and showed a slide presentation. While reviewing the slides, Commissioner
Krebs asked about a tractor trailer parked on the Dittmer property.
Chief Brunelle briefly addressed the tractor trailer and a related Ordinance; to which Commissioner Krebs asked
which Ordinance Chief Brunelle was refemng to. Chief Brunelle responded, "I'll have Glenn (Tolleson, Police
Department) when I am done here, P11 have him contact you tomorrow with information."
Discussion.
"I WII.L MAKE A MOTION TO APPROVE AN INTERLOCAL AGREEMENT WTTH U.S.
(HIGHWA� 17/92 COMMUNITY REDEVELOPMENT AGENCY FOR THE SHEPARD ROAD
STREETSCAPE PROJECT." MOTION BY COMIIVIISSIONER KREBS. SECONDED BY
COMII�SSIONER HOVEY. DISCUSSION.
ATTORNEY GARGANESE EXPLAINED, "SECTION 8. OF THIS CONTRACT SAYS IT COULD BE
TERIVIINATED BY ANY PARTY WITH THIRTY (30) DAYS WRITTEN NOTICE."
FURTHER DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSIO REGL MEETING — DECEMBER 13. 2010 PAGE 33 OF 41
Mr. John G. Metsopoulos, U.S. Highway 17/92 CRA Program Manager, Seminole County, 1101 East First Street,
Sanford, Florida: stated, "The CRA (Community Redevelopment Agency) would have to cancel the Contract
because that is who the Interlocal is between, the CRA (Communiry Redevelopment Agency) and the City of
Winter Springs. It would have to go through the RPA (Redevelopment Planning Agency) which Commissioner
Bonner now sits on. They would have to terminate the expenditure of the money, then it would have to go finally
back to the CRA (Community Redevelopment Agency)." Mr. Metsopoulos added, "It is standazd language that
the County uses in their Contracts."
DISCUSSION FOLLOWED ON THE CONTRACT LANGUAGE, FUNDING AND CONSTRUCTION
OF THE PROJECT.
COMIVIISSIONER BONNER REM�RKED, "AS THE REPRESENTATIVE TO THE RPA
(REDEVELOPMENT PLANNING AGENC�, MY CONIlVIITMENT TO TffiS BODY, IS I WILL GET
WITH THE ATTORNEY. I WILL ASK FOR SOME CLARIFYING SUGGESTED LANGUAGE
AND/OR DIRECTION. I WILL BRING IT FORWARD AS THE REPRESENTATIVE OF THE RPA
(REDEVELOPMENT PLANNING AGENC� AT THE NEXT APPROPRIATE RPA
(REDEVELOPMENT PLANNING AGENC� MEETING."
FURTHER, COMIVIISSIONER BONNER ADDED, "I WILL SEE WHAT I CAN ACCOMPLISH AS
THE CITY'S REPRESENTATIVE TO HAVE TffiS AMENDED ON A GO FORWARD BASIS, ON
BEHALF OF THE ENTIRE CRA (COMIVIUNITY REDEVELOPMENT AGENC�." ADDTTIONALLY,
COMIIVIISSIONER BONNER NOTED, "TT REALLY IS LANGUAGE THAT NEEDS TO BE
CORRECTED FOR CAUSE VERSUS — CONVENIENCE."
Tape 3/Side A
DISCUSSION.
COMIVIISSIONER KREBS SAID TO ATTORNEY GARGANESE, "IF T'HE CRA (CONIlVIUNITY
REDEVELOPMENT AGENCl� DECIDED THEY DIDN'T LII� HOW WE WERE DOING THE
PROJECT — AND IF THEY HAD GIVEN US TWO (2) PAYMENTS ALREADY, AND THEY
TERNIINATED THE PROJECT, WOULD WE HAVE TO RETURN THAT MONEY AS WELL?"
ATTORNEY GARGANESE SAID, KNO, I DON'T SEE THAT IN THIS CONTRACT."
COMIVIISSIONER KREBS THEN SAID TO ATTORNEY GARGANESE, "TT WOULD REALLY BE
HELPFUL IF ALL CONTRACTS WENT THROUGH YOU, FOR YOUR APPROVAL FIRST."
MANAGER SNIITH NOTED, KTHIS CONTRACT ABSOLUTELY WENT TO ANTHONY
(GARGANESE) FOR HIS APPROVAL."
MR. METSOPOULOS EXPLAINED, "YOU COULD AS THE BOARD, IF YOU SO CHOSE TO1vIGHT,
MAKE THE CHANGES TO THE CONTRACT THAT YOUR ATTORNEY HAS SUGGESTED. AT
THAT POINT, IT WOULD HAVE TO GO BACK TO THE RPA (REDEVELOPMENT PLANNING
AGENCI� FOR THEIR APPROVAL, AND THEN TO THE CRA (CO��TY REDEVELOPMENT
AGENCI� FOR THEIIt APPROVAL. OKAY. SO, YOU ARE NOT OBLIGATED TO ACCEPT THIS
CONTRACT."
FURTHER DISCUSSION.
MR METSOPOULOS MENTIONED FOR THE RECORD THAT HE DID NOT DRAFT THE
CONTRACT.
C1TY OF W INTER SPRINGS, FLORIDA MII3tJTES CITY COMMISSION REGULAR MEE TING - DECEMBER 13, 2010 PAGE 34 OF 41
WITH FURTHER COMIVIENTS, MR METSOPOULOS REM�tKFD, "I THINK WHAT I WILL DO
IN THE FUTURE, AFTER THIS EVENING, IS WHEN THE CONTRACT IS WRITTEN FOR THE RPA
(REDEVELOPMENT PLANNING AGENCI�, I WILL FORWARD A COPY TO THE CITY
ATTORNEY OF THE CORRESPONDING CITY FOR THEIR REVIEW."
VOTE:
DEPUTY MAYOR BROWN: AYE
CONIlVIISSIONER RESrTICK: AYE
COMNIISSIONER KREBS: AYE
CONIlVIISSIONER BONNER: AYE
CONINIISSIONER HOVEY: AYE
MOTION CARRIED.
Commissioner Bonner then said to Mr. Metsopoulos, "You might as well plan on that being on the Agenda for the
next RPA (Redevelopment Planning Agency) meeting." Mr. Metsopoulos responded, "That's fine."
�cr�.�
602. Community Development Department
REQUEST: Requests That The City Commission Consider The Second Implementallon Agreement To
Allow The Option Of An Adult Congregate Living Facility (ALF�, An Independent Living Facility (II.�,
Or A Combination Of The Two, In Lieu Of 100 Townhouse/Condominium Units Within Parcel 14-B Of
The Oviedo Marketplace PUD (Planned Unit Development) (And Development Of Regional Impact - DRn.
FISCAL IMPACT: The Applicant Is RequesNng That T6e Remaining Portion Of Parcel 14-B, Currently
Approved For 100 Townhomes/Condominiums, Also Be Allowed An Option For A Mazimum Of 184
Independent Living Units (II,F), A Mazimum Of 318 Assisted Living Beds (AL�, Or A Combination Of
The Two Uses Subject To The Conversion Ratios Of The Proposed Second Implementadon Agreement.
The Potential Taz Revenue Of The Three Proposed Development Scenarios Is As Follows:
Town6ouse/Condominium (100 Units)
Units (1845 Square Feet) — Assessed At $90.00/Square Foot: $16,605,000.00 Assessed Taz Value
$16,605,000.00/1000 = 16,605
16,605 (2.5814) _ $42,864.15
$42,864.15 (I.ess The 4% Statutory Discount) _$41,149.58 Taz Revenue
Indeuendent Livin� Facilitv (184 Units)
210,893 Square Feet — Assessed At $70.00/Square Foot: $14,762,510.00 Assessed Tax Value
$14,762,510.00/1000 = 14,762.51
14,762.51 (2.5814) _ $38,107.94
$38,107.94 (I,ess The 4% Statutory Discount) _$36,583.63 Taz Revenue
Assisted Livin� Facilitv (318 Beds), aka: ConNnuous Care Retirement Center
283,195 Square Feet — Assessed At $70.00/Square Foot: $19,823,650.00 Assessed Taz Value
$19,823,650.00/1000 = 19,823.65
19,823.65 (2.5814) _ $51,172.77
$51,172.77 (Less The 4% Statutory Discount) _$49,125.86 Taz Revenue
CITY OF Vb'INTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — DECEMBER 13, 2010 PAGE 35 OF 41
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In T6e City Hall (Lobby)
City Commission Meeting Binder, And Is Available On The City's Website, LaserFiche, And T6e City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press
Representatives Who Have Requested Agendas/Agenda Item Information, All Homeowner's Associations
On File With T6e City, All Individuals Who Have Requested Agendas/Agenda Item Information,
Department Directors; Aad Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For T6e General Public; And Posted At Five (5) Different Locallons Around The City.
RECOMIVIENDATION: Staff Recommends The City Commission Approve The Second Implementallon
Agreement For Parcel 14-B Of The Oviedo Marketplace PUD (Planned Unit Development) To Allow A
Certain Amount Of Flezibility In The Composition Of The Residential Development Of Parcel 14-B To
Include An Independent Living Facility (iJp To 184 Units) Or An Adult Congregate Living Facility (ALF —
Also Known As A Continuous Care Retirement Center) (iJp To 318 Beds) On The Remainder Of Parcel
14-B, As Options To The Currently Approved 100 Townhouse/Condominiums. Any Proposed
Development Request Will Still Be Subject To Staff Review And City Commission Approval.
Mr. Stevenson began the discussion on this Agenda Item.
Discussion followed on the storage facility and ratios.
Continuing, Mr. Stevenson explained, "What we're asking for in this Implementation Agreement is the ability to
mix and match if you will, and to formulate an Agreement that Staff will make sure it does not exceed the Traffic
Count for 100 townhomes, and it's important to realize — again, I want to read the last part of this
recommendation to you, just so we're all on the same page, as we've presented a lot of information; `Any
proposed development request will still be subject to Staff Review and City Commission Approval'."
Commissioner Krebs asked if it was possible to request an Independent Living Facility rather than an Assisted
Living Facility.
Mr. Raphael F. Hanley, Esquire, Associate Division Counsel, The T'iera Company, 7380 Murrell Road, Suite 201,
viera, Florida: stated, "We would be selling this to another company which is Flagship Development. They
have been working with us for I think, two and half (2 '/z) years now; and I think originally back four (4) years
ago, five (5) years when they started doing townhomes - when the market collapsed. But their deal is that they
actually develop for an ALF/II.F (Assisted Living Facility/Independent Living Facility) entity that's out there."
Continuing, Mr. Hanley added, "My understanding from talking to them at this point, is that they're leaning more
towards ILF (Independent Living Facility), than ALF (Assisted Living Faciliry), based on the fact there's enough
ALF's (Assisted Living Facilities) in this market area." Furthermore, Mr. Hanley explained, "They have to go
back to you and actually get Approval for the project they do and what their mix is; so all this is doing is saying
you're allowing these mixes, subject to it; and it's coming to the City and you're actually Approving whatever
project they're proposing. So, this is giving them that fle�bility to find the buyer and then working with the City
Staffto do that project."
"MOTION TO APPROVE." MOTION BY C011�VIISSIONER KREBS. SECONDED BY DEPUTY
MAYOR BROWN. DISCUSSION.
MAYOR LACEY SL�MMARIZED THE MOTION, "TO APPROVE THE SECOND
IlVIPLEMENTATION AGREEMENT FOR PARCEL 14B OF THE OVIEDO MARKETPLACE PUD
(PLANNED iJNIT DEVELOPMEN'1�."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISS RE GULAR MEETING - DECEMBER 13, 2010 PAGE 36 OF 41
VOTE:
COMIVIISSIONER KREBS: AYE
COMIVIISSIONER RES1vICK: AYE
DEPUTY MAYOR BROWN: AYE
COMII�SSIONER HOVEY: AYE
COMII�SSIONER BONNER: AYE
MOTION CARRIED.
REGtiLAR
603. Office Of The City Manager And Office Of The City Clerk
REQUEST: Request That The City Commission Make One (1) Remaining Appointment To T6e City's
New "Parks And Recreation Advisory Committee", Which Was Approved At The August 23, 2010 Regular
City Commission Meeting With The Ratification Of Ordinance 2010-07.
FISCAL IlVIPACT: There Is No Specific Fiscal Impact To These Appointments. However, Once The
"Parks And Recreation Advisory Committee" Begins MeeNng, Office Of The City Clerk's Staff Will Be
Providing Administrative Assistance To T6e "Parks And Recreation Advisory Committee".
Such Costs Are Estimated To Be Approzimately $3,076.00 Per Year; And Have Been Budgeted For Fiscal
Year 2010-2011; With Funds Coming From Office Of The City Clerk Overtime Salaries (Line Code 1210.
51214). Parks Aad Recreation Department Liaison Staff Costs Have Been A6sorbed Otherwise.
COMMUNICATION EFFORTS: As Requested By The Mayor And City Commission (As Noted On
Attachment "A" Of This Agenda Item), The City Clerk Has Been In Touch With The Individuals Who
Have Been Appointed, To Find Out Which Of The Nine (9) Suggested Categories They Would Represent
And Any Information Received, Has Been Forwarded To The City Commission.
This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City
Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting
Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally,
Information Related To This Agenda Item Has Been Sent To Media/Press RepresentaNves Who I3ave
Requested Agendas/Agenda Item Informallon, All Homeowner's Associadons On File With The City, All
Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also
Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General
Public; And Posted At Five (� DiRerent Locadons Around The City.
RECOMII�NDATION: The City Commission Is Requested To Make One (1) Last At Large Appointment
To The "Parks And Recreation Advisory Committee".
Brief discussion.
"MOTION TO POSTPONE TO JANUARY (2011)." MOTION BY CONIIVIISSIONER KREBS.
SECONDED BY CONIlVIISSIONER HOVEY. DISCUSSION.
VOTE:
DEPUTY MAYOR BROWN: AYE
COMMISSIONER BONNER: AYE
COMIVIISSIONER RES1vICK: AYE
COD�INNIISSIONER KREBS: AYE
COMMISSIONER HOVEY: AYE
MOTION CARRIED.
CITY OF R'INTER SPRINGS, FLORIDA MINLITES CITY COMA�IISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 37 OF 41
REGt"LAR
604. O�ce Of The City Clerk
REQUEST: Respectfully Requests That The City Commission Consider Nominating T6e Nezt Deputy
Mayor As Stipulated In The Charter Of The City Of Winter Springs, Consistent Wit6 Actions In The Pas�
FISCAL IlVIPACT: There Is No Specific Fiscal Impact To This Appointment.
COMMUTIICATION EFFORTS: This Agenda Item Has Been Forwarded To T6e Mayor And City
Commission; City Manager; City Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. AddiNonally, Informallon Related To T6is Agenda Item Aas Been Sent To Media/Press
RepresentaNves Who Have Requested Agendas/Agenda Item Informadon, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas/Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECONIIVIENDATION: The City Commission Is Being Requested To Appoint A Member Of The City
Commission To Serve As The Nezt Deputy Mayor.
"I NONIINATE COM11'IISSIONER JEAN HOVEY." MOTION BY DEPUTY MAYOR BROWN.
SECONDED BY COMIVIISSIONER BONNER DISCUSSION.
WITH BRIEF C011�VIENTS, COMII�IISSIONER HOVEY STATED, "OKAY."
MAYOR LACEY THEN SAID, "WITHOUT OBJECTIONS, I DECLARE THE NONIINATIONS
CLOSED. WE HAVE ONE (1) NOMINEE, CONIlVIISSIONER JEAN HOVEY."
VOTE:
COMNIISSIONER BONNER: AYE
COMIVIISSIONER RES1vICK: AYE
DEPUTY MAYOR BROWN: AYE
COMII�IISSIONER HOVEY: AYE
C011�IlVIISSIONER KREBS: AYE
MOTION CARRIED.
�cLii..�[t
605. Not Used
x�cuta�t
606. Office Of The City Manager And Office Of The City Clerk
REQLTEST: Request T6at The City Commission Consider The Information In This Agenda Item Related
To A Farewell/Appreciation Event For Former Mayor John F. Bush And Former Commissioner Sally
McGinnis, And Decide How They Wish To Proceed.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULA MEETING - DECEMBER 13, 2010 PAGE 38 OF 41
FISCAL IlViPACT: Possible Options For Funding Could Include Any, Some, And/Or All Of The
Following:
■ Attendees Would Pay 100%
■ City Pays Portion/Attendee Pays Portion
■ Although This Event Was Not Planned For During The 2010-2011 Fiscal Year, Staff Could Try To
Find Some Funds For Such An Event, And if That Is The City Commission's Preference, Then We Might
Have To Forgo Something Else, And/Or We Might Need To Cut Back On Some Already Budgeted Item(s):
■ General Fund Pays For Entire Event
■ Vendor Sponsorship (From Partial Percentage, Some, Or All Costs) — If This Is The Preference,
Please Specify Which Vendor To Ask
Other Costs To Consider:
■ Costs Will Be More For Events Held At A City Venue, Specifcally Due To City Staffing Costs, In
Addition To Any Event Type Items We Might Need To Provide, Such As Tablecloths, Serveware, Etc.
COMMUNICATION EFFORTS: On Behalf Of Mayor Lacey And The City Commission, I Have Been In
Contact With Former Mayor John F. Bus6 And Former Commissioner Sally McGinnis Regarding Your
Plans To Hold A FarewelUAppreciation Event In Their Honor. Both Former Mayor Bush And Former
Commissioner McGinnis Are Honored And Very Pleased That You Plan To Hold Such An Event For
Them. They Will Be Providing Me With Possible Dates Of Their Availability For January 2011, (Which I
Will Forward To T6e Mayor And City Commission As Soon As This Information Is Received).
This A.genda Item Has Been Forwarded To The NLzyor And City Commission; City Manager; City
Attorney/Staff; Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting
Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally,
Information Related To This Agenda Item Has Been Sent To Media/Press Representatives W6o Have
Requested Agendas/Agenda Item Informallon, All Homeowner's Associations On File With The City, All
Individuals Who Have Requested Agendas/Agenda Item Information, Department Directors; And Also
Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General
Public; Aad Posted At Five (� Different Locatioas Around The City.
RECOMII�NDATION: T6e City Commission Is Being Requested To Discuss What Kind Of
FarewelUAppreciation Event They Wis6 To Hold In Honor Of Former Mayor John F. Bush And Former
Commissioner Sally McGinnis; And Decide On The Following Details:
■ Date
■ Kind Of Event
■ Venue
■ Funding
■ Notifications
Discussion followed on possible dates for this suggested event. City Clerk Lorenzo-Luaces noted that former
Commissioner Sally McGinnis was available any time in January and that former Mayor Bush would soon be
providing dates of a��ailability.
Mayor Lacey asked the City Commission, "Do we want to have an event?" Deputy Mayor Hovey and
Commissioner Krebs said, "Yes." There were no objections voiced.
Next, Mayor Lacey inquired of the City Commission, "Do we want the City to pay for an event?" Commissioner
Krebs stated, "The City in the past has paid something..." Commissioner Brown remarked, '`...I think it is
proper..." Commissioner Krebs added, "...They don't have to pay everything, but I think, at least something,
yes."
CITY OF WIN7"ER SPRINGS, FLORIDA MINLJTES CITY COMMISSION REGUL MEETING - DECEMBER 13, 2010 PAGE 39 OF 41
With further comments on a possible event, Mayor Lacey asked, "Lunch or Dinner?" Commissioner Brown and
Deputy Mayor Hovey remarked, "Dinner."
Budget, costs, and attendance were addressed next.
Mayor Lacey said to Manager Smith, "If we were looking at thirty-five hundred dollars ($3,500.00) of expenses,
can you cover that? Can you find the money?" Manager Smith responded, "Why not."
Payment options were then addressed, to which Mayor Lacey stated, "I like the event of some cost sharing
involved." Commissioner Brown suggested fifteen dollars ($15.00) per person (cost sharing). Deputy Mayor
Hovey agreed. No objections were noted.
Invitations were then addressed. Mayor Lacey noted, "I thought when we went with the cost sharing approach,
that implied that we were going to open it up to anyone who felt like they wanted to participate in the tribute."
No objections were voiced.
RSVP's and payments were then mentioned.
Mayor Lacey summarized the discussion thus far and stated, "It is going to be fifteen dollars ($15.00) per person
with I assume, a complimentary pair of tickets to the Honorees. Everyone else pays a fifteen dollar ($15.00)
contribution to the final cost - and the City picks up the difference." Mayor Lacey then said, "A dinner at
Tuscawilla Country Club with a date to be coordinated by Andrea (Lorenzo-Luaces)."
Commissioner Bonner asked, "Is our Website yet ready to take payments online?"
Mr. Boyle explained, "We don't have e-Commerce capability yet — what I would offer is an alternative. We could
set up a special line where people could call and we could run a credit cazd over the phone, but that would take an
additional resource — the person."
Mayor Lacey thought that perhaps the Oviedo-Winter Springs Regional Chamber of Commerce might be able to
assist with taking payments, similar to how they take payments for Oviedo-Winter Springs Regional Chamber of
Commerce events.
Mr. Boyle added, "I feel comfortable that Andrea (Lorenzo-Luaces) and I can work out something, with either
taking cash, credit cards, or checks.`' Commissioner Krebs added, "Just so long as everybody understands that
they have to pay in advance; there is no paying at the door."
Further discussion ensued on how to let the public know about this event. Mr. Boyle suggested, "We could do
eAlerts, we could do Web page. The bills — we're already in printing on those, so we've missed the January time
frame and you want to hit all four (4) cycles." Commissioner Bonner mentioned the electronic sign.
Discussion followed on anticipated attendance.
MOTION TO CHARGE "FIFTEEN —[DOLLARS] ($15.00) A HEAD, ON A COST SHARE BASIS, AND
STAFF IS GOING TO WORK OUT HOW TO COLLECT THE MONEY AND WORK OUT THE
RSVP'S AND SO ON." MOTION BY CONIIVIISSIONER BONNER SECONDED BY COMIVIISSIONER
KREBS. DISCUSSION.
MAYOR LACED RESTATED THE MOTION —"THAT WE PLAN A DINNER AT THE TUSCAWII.,LA
COUNTRY CLUB, SUBSIDIZE THE PRICE DOWN TO FIFTEEN DOLLARS ($15.00) PER
ATTENDEE, FII2ST-COME, FIItST-SERVED."
CTI'Y OF W'INTER SPRINGS, FLORIDA MINUTES CITY COMM ISSION REGULAR MEETING - DECEMBER 13, 2010 PAGE 40 OF 41
VOTE:
CONIlVIISSIONER BROWN: AYE
CONIl�IISSIONER RESNICK: AYE
DEPUTY MAYOR HOVEY: AYE
COMII�SSIONER BONNER: AYE
COMII�IISSIONER KREBS: AYE
MOTION CARRIED.
❖❖ AGENDA NOTE: THE FOLLOWING ADD-ON AGENDA ITEM, WAS DISCUSSED
NEXT, AS DOCUMENTED. ❖ ❖
REGULAR AGENDA
REGti L.AR
607. Office Of T6e City Attorney
ADD-ON
REQITEST: The City Commission Approve And Authorize The Mayor To Ezecute A Quit Claim Deed To
The Current Property Owner Of 609 Fruitwood Avenue, In The Fruitwood Lake Replat, In Order To
Secure Title And Effectuate The Closing Of The Property.
FISCAL IlVIPACT: None.
COMMUNICATION EFFORTS: None.
RECOIVIII�NDATIONS: The City Attorney Recommends That The City Commission Approve
And Aut6orize The Mayor To Ezecute The Attached Quit Claim Deed, Conveying Any And All Of The
City's Interest In The Property, As Provided In The Replat, To The Current Owners Of 609 Fruitwood
Avenue.
Attorney Garganese noted for the Record the Agenda Item he put together.
With discussion, Commissioner Bonner asked, "Is this all supported by duly noted surveying and these
boundaries that we are seeing on this image up here — everything is very well defined, so there is no question
about boundaries and things of that nature that are going to come up?"
Attomey Garganese explained, "The lines aze solely as replatted. The Quit Claim Deed only references the old
plat and the replat number `609', that is it. That's the only reference. There is no metes and bounds legal
description."
Commissioner Bonner then asked about the City's liability.
Mr. Brian Fields, P.E., City Engineer, Public Works Department stated, "Yes, we're safe. From a surveying
standpoint, the new Survey that we did at the time of plat, we re-set the property corners, new monuments have
been set — in the ground establishing the property lines. Those lines, those monuments are on the recorded plat so
those are the new lots. There is no surveying dispute."
Manager Smith asked Attorney Garganese, "I know that `601' is our access to the lake to do maintenance on the
lake. Are there any issues with this, doing that maintenance, now that `609' abuts that? Do we need Easements
or anything like that? Are we okay to continue doing that type of maintenance in this new situation?"
C[TY OF W'INTER SPRI'vGS. FLORIDA MI N U TES CITY COMMISSION REGI;L:�R MEETP.�1G - DECEMBER 13, 2010 PAGE dl OF �1
Mr. Fields explained, "Our Stormwater Easements stay in place. There are pipes going through there. We still
have those, it's just the property was conveyed to the surrounding property owners.''
Commissioner Krebs mentioned this had gone through the Planning and Zoning Board/Local Planning Agency.
Attome�� Garganese noted. "The City doesn't have any interest in `609'. The City gave up all of its interest
around the lake when it replatted it in 2007."
"MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS. SECONDED BY
COMNIISSIONER BROWN. DISCUSSION.
VOTE:
COMMISSIONER BONNER: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER RESNICK: AYE
DEPUTY MAYOR HOVEY: AYE
MOTION CARRIED.
ADJOURNMENT
Mayor Lacey adjourned the Regular Meeting at 9:04 p.m.
RESPECTFULL Y SUB:'l�1ITTED:
n
/
D ORENZO-LUACES, MMC
CITY RK
APPR(�YED:
/9
�1 CHAZ'.T. ' G
NOTE: These Minutes were approved at the January ]0, 2011 Cin Commission Regulaz !vteeting.