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HomeMy WebLinkAbout2010 11 15 City Commission Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES REGULAR MEETING MONDAV, NOVEMBER 15, 2010 - 5:15 P.M. (RESCHEDULED FROM NOVEMBER 8, 2010) 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 CITY OF NT17ER SPRLNGS. FLORIDA MWLTES CITY COM2MISSION REGULAR 41EETING - NO%TMBER 15, _2010 (RESCHEDULED FROM CIO), EmBER 8, 2010) PAGE 2 OF 26 CALL TO ORDER The Regular Meeting of Monday, November 15, 2010 (rescheduled from November 8, 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, arrived at 5:43 p.m. 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, arrived at 5:16 p.m. The Pledge of Allegiance followed a moment of silence. City Attorney Anthonv A. Garganese arrived at 5:16 p. m. INFORMATIONAL AGENDA INFOR-NUTION AL 100. Community Development Department REQUEST: Advising The City Commission Of The Status Of Various Current Planning Projects. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The Commission Agenda Are Necessary In Conjunction With This Agenda Item. The Commission Agenda Has Been Posted On The Bulletin Board Outside City Hall, On The City's Electronic Sign; The Agenda Is Electronically Posted According To The City Clerk's Procedure. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. Commissioner Joanne M. Krebs mentioned a Homeowner's Association meeting that Deputy Mayor Brown had asked the City Manager to attend. City Manager Kevin L. Smith commented on a letter from a former City Manager related to buffers and noted, " I told those folks that we would look into it." With further remarks, Commissioner Krebs inquired if the referenced letter had been provided to the City. Manager Smith stated, -They have not at this point." CITY OF RATER SPRINGS, FLORIDA MD,17ES CFFY COMMISSION REGULAR MEETLtiG - NOI ETMBER 1 i, 2010 (RESCHEDULED FROM NOVEMBER 8, 2010) PAGE 3 OF 26 LNFORNLATIONAL 101. Land Design Innovations, Inc. (City Consultant) REQUEST: Presenting The Summary Report For Economic Development Activities From September 17, 2010 Through October 15, 2010. The Information In This Agenda Item Will Be Verbally Presented Under Item 300 At The November 15, 2010 City Commission Meeting. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The Commission Agenda Are Necessary In Conjunction With This Agenda Item. RECOMMENDATIONS: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. No discussion. LNFORNLATIONAL 102. Office Of The City Clerk REQUEST: Wishes To Inform The City Commission Of The Results Of 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 Distributed To The Mayor And City Commission; City Manager; City Attorney; Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Will Be Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATION: The City Clerk Respectfully Requests The City Commission Review And Accept The Information Provided In This Agenda Item. This Agenda Item was not discussed. "MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Information Services Department REQUEST: Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. CITY OF W Lv-FER SPRINGS. FLORIDA MPv77ES CFFY COMMISSION REGULAR MEETING - NONTMBER 15, 2010 (RESCHEDULED FROM NO%'E.41BER 8, 2010) PAGE 4 OF 26 FISCAL IMPACT: There Is No Cost To Dispose Of These Surplus Assets. The City Receives Revenue Generated From Items Sold At Auction. COMMUNICATION EFFORTS: A Copy Of The List Of Items To Be Disposed Of Has Been Posted On The City's Website Under Public Notices. Additionally, The Contact Information For The Vendor Conducting The Auction Has Also Been Provided On The Website. RECOMMENDATION: It Is Requested That The City Commission Approve The Disposition Of The Attached List Of Surplus Assets. There was no discussion on this Agenda Item. CONSENT 201. Police Department REQUEST: Requests To Use BMW Motorcycles Of Daytona, Via Quote/Bid Process, For The Purchase Of Two (2) New 2009 Police Motorcycles In The Amount Of $31,221.00. FISCAL IMPACT: Funding For The Purchase Of The Two Motorcycles Will Come From Existing Budgeted Funds Under Line Code 2119-64100 Purchased Under Quote/Bid Process Through BMW Motorcycles Of Daytona. COMMUNICATIONS EFFORTS: Regular Posting Of The Commission Agenda Throughout The City And/Or Website. RECOMMENDATION: Approve The Use Of BMW Motorcycles Of Daytona, Using Current Quote/Bid Processes, For The Purchase Of Two (2) New Police Motorcycles. No discussion. CONSEN F 202. Police Department REQUEST: Requests The Commission To Approve The Use Of The Western States Contracting Alliance (WSCA) Contract #1523 For Procurement Of Wireless Air Card Services For Police Department Laptop Computers, The Expenditure Of Budgeted Funds Not To Exceed $37,431.00, And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. FISCAL IMPACT: $37,431.00. All Funding Will Come From Existing Budgeted Funds In 2116-54110. There Will Be No Additional Impact To The Current Fiscal Budget. COMMUNICATION EFFORTS: The City Commissions Regular Agenda Being Advertized Prior To The Meeting At Various Locations Throughout The City. RECOMMENDATION: The Police Department Requests The Commission To Approve The Use Of The Western States Contracting Alliance (WSCA) Contract #1523 For Procurement Of Wireless Air Card Services For Police Department Laptop Computers, The Expenditure Of Budgeted Funds Not To Exceed $37,431.00, And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. This Agenda Item was not discussed. CITY OF K'P% MR SPRINGS, FLORIDA M NUFES CITY COMMISSION REGULAR MEETING - NOVEMBER 15, 2010 (RESCHEDULED FROM NOVEMBER S, 2010) PAGE 5 OF 26 CONSENT 203. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Request That The Commission Adopt Resolution Number 2010-39 Amending The Fiscal Year 2009-2010 Budget. FISCAL IMPACT: Set Forth In Attachments 2 And 3 COMMUNICATION EFFORTS: The Budget Amendments Will Be Reflected In The 2009-2010 Comprehensive Annual Financial Report (CAFR), Audited And Published In March 2011. RECOMMENDATION: It Is Recommended That The Commission Adopt Resolution 2010-39 Amending The Fiscal Year 2009-2010 Budget. There was no discussion on this Agenda Item. CONSENT 204. Public Works/Utility Department REQUEST: Requesting Approval For A Supplemental Appropriation From Transportation Improvement Fund Reserves For The Repair Of The South Traffic Signal Pole At SR (State Road) 434 And SR (State Road) 419. FISCAL IMPACT: The Supplemental Appropriation Of $24,653.34 From The Transportation Improvement Fund Balance Will Be Revenue Neutral (Assuming The Deductible Is Ultimately Received) Due To The Receipt Of Offsetting Insurance Proceeds. COMMUNICATION EFFORTS: Copies Or Access To This Agenda Item Have Been Provided To The Mayor And City Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets, Placed In The Lobby Binder; And Are Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATION: It Is Recommended That The City Commission Approve A Supplemental Appropriation Of $24,653.34 From Transportation Improvement Fund Reserves To 104-54620 Repair And Maintenance Of Traffic Control Devices. No discussion. CONSENT 205. Utility Department REQUEST: Requesting Approval To Authorize Precon Corporation To Make Repairs To The 0.5 Million Gallon Water Storage Tank At Water Treatment Plant #3 Located At 110 West Bahama Road. FISCAL IMPACT: Funds Are Budgeted In The Utility Department Line Code 3600-62100 At $70,000.00. COMMUNICATION EFFORTS: The Abutting Neighbors Will Be Notified Of The Proposed Work Which Will Occur During Normal Working Hours. Copies Or Access To This Agenda Item Have Been Provided To The Mayor And City Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets, Placed In The Lobby Binder; And Are Available On The City's Website, LaserFiche, And The City's Server. CM' OF RTNTER SPRD:GS, FLORIDA MNL'TES CITY COMMISSION REGULAR A¢.ETNG - NOVEMBER 15, 2010 (RESCHEDULED FROM NO%TN BER 8, 2010) PAGE 6 OF 26 RECOMMENDATION: It Is Recommended That Authorization Be Granted To Award The WTP#3 Storage Tank Repairs To Precon Corporation For $64,090.00 Plus A 10% Contingency Payable From Utility Line Code 3600-62100. This Agenda Item was not discussed. CONSENT 206. Parks And Recreation Department REQUEST: Requesting That The City Commission Consider Approval Of The 2010 Winter Springs Holiday Parade And Christmas Tree Lighting And Associated Budget. FISCAL IMPACT: $9,600.00 (Budget Attached). Funds Are Budgeted And Available In Account 118- 56910 And 118-54800-90200 For This Event. COMMUNICATION EFFORTS: The Winter Springs Holiday Parade And Christmas Tree Lighting Will Be Promoted Through The Winter Edition Of The Insider (On Website), E-alert, And The City Website. Flyers Will Be Displayed In The Town Center, City Hall, Senior Center, Parks And Recreation, Etc. It Will Also Be Promoted In All Local News Media. RECOMMENDATION: It Is Recommended That The City Commission Approve The 2010 Winter Springs Holiday Parade And Christmas Tree Lighting Special Event And Associated Budget. Discussion followed on the Parade route. Chief of Police Kevin Brunelle, Police Department addressed the City Commission on the Parade route. Commissioner Gary Bonner suggested that the new Parks and Recreation Advisory Committee could consider this issue for next year's Event. Further comments. CONSEN F 207. Office Of The Mayor REQUEST: Requests That The City Commission Consider And Approve The Payment Of Annual Dues For His Membership In The Florida League Of Mayors. FISCAL IMPACT: Membership Dues For The Florida League Of Mayors Amounts To An Annual Payment Of $668.00. This Amount Had Been Budgeted In This Fiscal Year's Budget, Specifically Line Code 1100-55411 (Commission - Dues & Registrations). COMMUNICATION EFFORTS: This Agenda Item Has Been Distributed To Our Elected Officials; City Manager; City Attorney; Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Will Be Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATION: Mayor Lacey Requests The City Commission Authorize The Payment Of $668.00 For His Membership In The Florida League Of Mayors. There was no discussion on this Agenda Item. CM' OF RTI, rER SPRINGS. FLORIDA MLNL'TES CFFS' CONtNIISSION REGULAR AIIEETLNG - NONEMBFR 15, '_010 (RESCHM L.ED FROM NOVEMBER S, 2010) PAGE 7 OF 26 CONSEN-f 208. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The October 25, 2010 City Commission Regular Meeting Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: These Minutes Have Been Distributed To The Mayor And City Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The October 25, 2010 City Commission Regular Meeting Minutes. No discussion. CONSENT 209. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The November 1, 2010 City Commission Special Meeting Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: These Minutes Have Been Distributed To The Mayor And City Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The November 1, 2010 City Commission Special Meeting Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE" (CONSENT AGENDA). MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WP,7ER SPRINGS. FLORIDA ML\'L?ES CITY COMMISSION REGULAR MEET NG - NONIMBER 15, 2010 (RESCHEDULED FROM NOVEMBER 8, 2010) PAGE 8 OF 26 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Land Design Innovations, Inc. (City Consultant) Presenting The Summary Report For Economic Development Activities From September 17, 2010 Through October 15, 2010. Mr. John M. Jones, A1CP, Senior Planner, Land Design Innovations, Inc., 1770 Fennel Street, Suite 200, Maitland, Florida: offered to answer any questions. Discussion followed on the proposed improvements for Shepard Road. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese stated, "We did receive the Deed for the Wade Street conveyance. That's the property that Bart Phillips agreed to convey to the City under the Code Compliance Agreement that we have; so, that has been received, recorded and now owned by the City. And then lastly, the Spine Road conveyance that's located in the Town Center II property — that conveyance will be closed this week, so we should have acquired Spine Road by the end of this week." REPORTS 401. Office Of The City Manager — Kevin L. Smith Manager Smith asked if the City Commission would formally like to have only one (1) Meeting in December of this year. "MOTION TO HAVE JUST ONE (1) MEETING IN DECEMBER." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Manager Smith spoke of the University of Central Florida Incubator and said, "This Commission had previously approved authorization of up to seventy-five thousand dollars ($75,000.00) for a three (3) year period for assistance in funding of that Incubator" and asked if the City Commission wanted to go ahead with the funding. Discussion followed on a possible Agenda Item. Manager Smith noted, "I would recommend we consider going ahead with our seventy-five thousand dollars ($75,000.00) in funding and at some point in time, we can continue conversations with the City of Oviedo and adapt at that time." Commissioner Krebs, Commissioner Bonner, and Mayor Lacey thought an Agenda Item should be provided to the City Commission on this issue. CITY OF WTNTER SPRINGS, FLORIDA MINLTES CrrY COMMISSION REGULAR MEETING - NO'.FMBER 15, 2010 (RESCHEDULED FROM NOVEMBER B, 2010) PAGE 9 OF 26 "I WILL MAKE A MOTION TO MOVE FORWARD WITH THE ORIGINAL SEVENTY-FIVE THOUSAND DOLLARS (75,000.00.00) REQUEST AS — BUDGETED." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BONNER: ABSTAINED COMMISSIONER KREBS: AYE MOTION CARRIED. Manager Smith then advised the City Commission that at the next City Commission Meeting, Staff will be bringing an Agenda Item related to the City's "Unaudited Year -End Financial Report'' and commented on the status of the Pension Fund. Manager Smith pointed out, "Through the mechanisms that we've employed and continuing to stay diligent on trying to contain costs, we have overcome all 1.7 million dollars ($1,700,000.00) of those reserve utilizations." Continuing, Manager Smith added, "I am extremely proud of Staff and the fact that they've stepped up to this challenge and continued, not to just rest on what this Commission has approved in your Budget, but to continue to challenge themselves to re -engineer those expense lines and to continue to front the challenges economically that face not only this City, but all cities." Commissioner Krebs stated, "Good job." Mayor Lacey added, "Good job Kevin (Smith)." REPORTS 402. Office Of The City Clerk — Andrea Lorenzo-Luaces, MMC City Clerk Andrea Lorenzo-Luaces asked if the City Commission would be interested in suggesting possible dates for a Photo Session. With discussion, Monday, November 22, 2010 at 4:00 p.m. was the first choice, with a back-up date of Tuesday, November 23, 2010, also at 4:00 p.m. Mayor Lacey asked City Clerk Lorenzo-Luaces to check with Deputy Mayor Rick Brown. City Clerk Lorenzo-Luaces responded, "Yes." REPORTS 403. Office Of Commissioner Seat Two/Deputy Mayor — The Honorable Rick Brown Deputy Mayor Brown had not arrived at this point in the Meeting. REPORTS 404. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Bonner welcomed Mayor Lacey and Commissioner Cade Resnick and noted he was pleased to be able to serve with both, and also with Deputy Mayor Brown. Secondly, Commissioner Bonner also thanked former Mayor John F. Bush and former Commissioner Sally McGinnis for their years of service. CITY OF W'L\7ER SPRINGS, FLORIDA MIN' LIES CITY COMMISSION REGULARMEETING - NOXT-MBER 15, 2010 (RESCHEDULED FROM NOVT_MBER S, 2010) PAGE 10 OF 26 Commissioner Bonner added, "I do want to thank Staff for a really terrific Event. I think the Inauguration was a great Event for our City. It was incredibly well attended. Thank you to those of you citizens that I see in the audience, and we certainly had the Chamber overflowing." Commissioner Bonner added, "Staff did a terrific job of hosting everyone." Furthermore, Commissioner Bonner thought the Joint Meeting with the City of Oviedo went very well. Lastly, Commissioner Bonner said, "I want to thank Staff for an outstanding Veterans Day celebration." Commissioner Bonner noted, "Again, very, very well attended, and Staff did a terrific job of once again hosting a beautiful evening of the celebration of our Veterans and I want to thank them for that." REPORTS 405. Office Of Commissioner Seat Four— The Honorable Cade J. Resnick Commissioner Resnick thanked the City Commission for their warm welcome, "Andrea (Lorenzo-Luaces), for all your hard work, thank you so much." Commissioner Resnick added, "Kevin (Smith) and Staff, thank you so much for everything you did in the warm welcome from the City and the people that are sitting out here as well. Thank you again." REPORTS 406. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs agreed with what Commissioner Bonner had said and remarked, "A great job from the Clerk's Office and the Staff on short notice. Wonderful reception. Thank you so much. You guys always do such a great job. And then to put on the Meeting that we had afterwards and handle that — good job. Thank you. It was really over and beyond, and that goes for the Staff too because I know a lot of Staff put in their hard work." Continuing, Commissioner Krebs mentioned that a citizen had commented recently about the changes here at City Hall and that they now feel that their comments are welcome here. Commissioner Krebs then asked about the status of the Amphitheater. Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Department addressed the City Commission on this issue. Comments followed on CSX Corporation and whether Congressman John Mica might be able to help. Deputy Mayor Rick Brown arrived at 5: 43 p.m. REPORTS 407. Office Of The Mayor — The Honorable Charles Lacey Mayor Lacey remarked, "I also want to echo what has been said before me, about how wonderful the event was on Wednesday. Thank you very much to Andrea (Lorenzo-Luaces), Carol (Lallathin), Joan (Brown), and Gayle (Coutant). I think your entire Office did a wonderful job for that and I can't tell you how many comments I have gotten in the past five (5) days from people who really appreciated the whole ceremony." Next, Mayor Lacey commented on the five (5) available seats for the Oviedo -Winter Springs Regional Chamber of Commerce Trustees Luncheon scheduled for Tuesday, November 30`h, 2010. Mayor Lacey, Deputy Mayor Brown, Commissioner Bonner, Commissioner Jean Hovey and Manager Smith agreed to attend. CITY OF Nkl TER SPRLNGS, FLORIDA NfNL FES CFFS' CO.M4SSION REGUL..4R MEETLNG - NONT-MBER 15, 2010 (RESCHEDULED FRON4 NONTMEBER S, 2010) PAGE l l OF 26 Continuing, Mayor Lacey asked if there was a new Charter document. City Clerk Lorenzo-Luaces noted this is in the works. The next Deputy Mayor Nomination was mentioned by Mayor Lacey who suggested it be at the first Meeting of a new City Commission. Manager Smith noted it is already scheduled to be on the next Meeting Agenda. Discussion ensued further on whether Deputy Mayor Brown would be able to attend the proposed Photo Session set for next Monday. With Deputy Mayor Brown and the rest of the Commission available next Monday, November 22, 201 at 4:00 p.m., discussion followed on where the photo session would be held. City Clerk Lorenzo-Luaces remarked, "I will let you know which room, as soon as I confirm with the Photographer." Deputy Mayor Brown noted that he would probably have to leave the Oviedo -Winter Springs Regional Chamber of Commerce Trustees Luncheon a little early. No problems were noted. Mayor Lacey next mentioned that tomorrow morning, newly Elected Seminole County Commissioners were being Sworn into Office and that he planned to attend, and suggested that other Winter Springs Elected Officials attend, if possible. The December 1, 2010 Council of Local Governments in Seminole County (CALNO) Meeting was addressed next and City Clerk Lorenzo-Luaces said she was planning to discuss with Mayor Lacey and Manager Smith some of the details about this Meeting. City Clerk Lorenzo-Luaces added that she would speak with Mayor Lacey after tonight's Meeting. Continuing, Mayor Lacey mentioned that on December 17'', 2010 beginning at 7:30 p.m., the University of Central Florida's "Hometown Nights" event would be held, and that the City receives ten (10) wristbands for unlimited use of the facilities which will include ice skating. Mayor Lacey added, "I will give those to Andrea (Lorenzo-Luaces), if anyone wants one of those or think of a way to interest the citizens or Staff." Commissioner Bonner asked if there was an organization perhaps the Police Explorers, or a children's group, or the organization that Deputy Mayor Brown sits on, that could use the passes to the University of Central Florida's "Hometown Nights" event. Manager Smith stated, "I will certainly look into that Commissioner — I will discuss that with Staff." Mayor Lacey said he has been asked to speak briefly at the Seminole County Republican Executive Committee being held, Thursday, November 18, 2010 and said he would welcome anyone who wanted to attend. Discussion. REPORTS 408. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Hovey commented that the City of Oviedo Council Members had also attended last week's Inauguration and noted, "They got to see what a great job you do. Thank you." PUBLIC INPUT Mayor Lacey spoke of an email he had received just before this Meeting and noted the sender was in opposition to the Winter Springs Village project. CITY OF UTTER SPRIGS. FLORIDA ML\LTTES CM'COMMISSION REGULAR M ETI\G - \O%EMBER 15, 2010 (RESCHEDULED FROM \O%'EMBER 8, 2010) PAGE 12 OF 26 'leis. Mary Donohue, 113 St. Johns Landing Drive, Winter Springs, Florida: spoke in opposition to the Winter Springs Village project and commented on traffic issues, trees being removed, and thought that a new Traffic Study should be done. Manager Smith stated, "A Traffic Study is being updated from the 2006 Study. We expect that in any day now, this week." Manager Smith further commented on the buffer and preserving some trees and added, "When I know more information, I will advise accordingly." Mr. John Bush, 21 Tarpon Circle, Winter Springs, Florida: noted that he had met with Mr. Cory Skeates of the Oviedo -Winter Springs Regional Chamber of Commerce and they have provided office space for the new Economic Development Committee. Mr. Bush also asked how the Commission wanted to be informed about any updates, and noted an email problem. Further comments. Ms. Carol Niemi, 219 Torcaso Court, Winter Springs, Florida: commented for the Record in opposition to the Winter Springs Village project. Tapel/Side B 'k1s. Carol Cannell, 221 Torcaso Court, Winter Springs, Florida: thought the Winter Springs Village project had progressed very fast, and commented on trees, the horse trail, and traffic. Mr..k1arc D. Batchelor, 200 Torcaso Court, Winter Springs, Florida: as the President of the St. Johns Landing Homeowner's Association, Mr. Batchelor spoke about Elected Officials, and noted his concern with the trees being removed. Furthermore, Mr. Batchelor mentioned that no residents had received any notice about the City Commission Voting on an Early Work Permit, nor were they informed that progress had been made. Furthermore, Mr. Batchelor then spoke about congested traffic, suggested an independent Traffic Study be completed and mentioned that water was being pumped out. Mr. Brian Fields, P.E., City Engineer, Public Works Department addressed the City Commission on the Permit, the Traffic Study, and roads. Discussion. Commissioner Bonner asked why there was no notification. Discussion followed with Manager Smith. Commissioner Bonner added that he holds the City Manager accountable. Mr. Pradipkumar Ramanlal, 100 St. Johns Landing Drive, Winter Springs, Florida: related to the Winter Springs Village project, Mr. Ramanlal asked if the Developer will build a wall; commented on what size the buffer will be; asked to be informed when future actions are to be discussed; and commented on the Traffic Study. Commissioner Krebs asked Manager Smith, "Is it possible to email their Homeowners Association when something is going to happen and is it also possible to have something on our Website where any of the St. Johns people can access it to see what is going on and when something might be coming up." Manager Smith stated, "Absolutely." Commissioner Krebs mentioned that all City Commission Agendas are posted on the Website, and commented on further communications. Manager Smith stated, "We can certainly do that." Furthermore, Manager Smith mentioned some upcoming meetings between Staff and the Developer and added, "We can certainly keep all documents that are applicable to this development on our Website, under that specific page." CITY OF MNTER SPRINGS, FLORIDA WN UTES CITY CONWISSION REGLIAR S1EETi\G - NO\-E\1BER 15_ 2010 (RESCHEDULED FROM NOVEMBER 8..2010) PAGE 13 OF'_6 Commissioner Krebs then said to Manager Smith, "If we could do something like that because I just think they would appreciate that." Manager Smith stated, "Sure." Deputy Mayor Brown remarked, "Can we at some point just review what the communication efforts were when we granted on that Agenda Item - the Temporary Work Permit..." Manager Smith responded, "... Sure..." Deputy Mayor Brown continued, "...And how that was communicated - because I know that we greatly, prior to that, we greatly enhanced the efforts — and while I would like to say that we dropped the ball somewhere, if we are in line with what we had indicated we were going to do from an augmented communication path, after what happened with the water rates as you remember, which prompted that enhanced communication path; then I don't know that we can hold the City Manager or Staff accountable for dropping the ball if in fact they followed what we had pre - prescribed for that communication path. He can only react to what we give him to react to." Commissioner Bonner then commented, "I certainly hold the Manager accountable for following the letter of the Plan, but I personally strive for us to be a City where we go above and beyond what is standard expectation and far exceed expectation in our communication and to Commissioner Krebs' point, our transparency. So, I for one will continue to hold the Manager and the Staff to the highest standard of customer service to our customers, the citizens of the City. - Mr. ,Michael Cannell, 221 Torcaso Court, Winter Springs, Florida: mentioned that buffer information on the Website had changed; and commented on the buffer and walls; and provided some documents to the City, including a letter from former City Manager Ronald W. McLemore. Mr. David Bowen, 105 St. Johns Landing Road, Winter Springs, Florida: said he thought the project was moving very fast; and commented on retention ponds, and density. Discussion ensued on the ponds. Mr. Fields remarked, "Just to clarify, we did after the Commission Approved the Early Work Permit, we did provide written notification to the HOA's (Homeowner's Associations) of both Tuskawilla Trace and St. Johns Landing. The same notice that is currently posted on our Website was sent to those HOA's (Homeowner's Associations)." Mr. Fields then explained, "We did provide written notice. It was after the item was Approved. We did not have a start date at that time from the Developer to know when they were going forward; but we did make an effort to reach out and provide written communication." it-fr. Todd .4. Stewart, 103 St. Johns Landing Drive, Winter Springs, Florida: spoke of problem developments, trees being removed, and protecting property and citizens. Nls. Kathy Postlewait, 111 St. Johns Landing Drive, Winter Springs, Florida: commented on traffic issues, asked about the plan for parallel parking and said for the Record that she was opposed to removing any more trees. Ms. Postlewait added, "I am the Vice President of the HOA (Homeowner's Association) so I did get a letter stating that you were going to be putting this project in, but that was like September 161h" and questioned a start date. Ms. Terri -Jo Ciocca, 109 St. Johns Landing Drive, Winter Springs, Florida: spoke on why they chose their home, the merits of the community, eagles, buffers, and a loss of trees. Nfr. Christian Paver, 206 Torcaso Court, Winter Springs, Florida: remarked about property taxes, suggested the project be slowed down, and said that Kevin Smith "has been great to work with." Mr. Payer also commented on lack of notice, finishing the road in Phase I, and that they needed time to work out details related to the wall and safety barrier. Mayor Lacey noted for the Record, '`I have a letter from Mr. Michael Ciocca opposing the Winter Springs Village project that I will give to the Clerk to put in the Record, and I have a form from Estefano Crisafi who is concerned about traffic at Sonesta Village and opposed that, but did not wish to speak." CITY OF W N -rER SPRINGS, FLORIDA WNFU MS CFFY COMMISSION REGLLAR MEETNG - NOVEMBER 15, 2010 (RESCHEDULED FROM NOVENSBER 8, 2010) PAGE 14 OF 26 Ms. Lisa Steuart, 103 St. Johns Landing Drive, Winter Springs, Florida: mentioned she read about the project in the Seminole Chronicle, and mentioned her preference to find out in advance, and selling homes with competition. PUBLIC HEARINGS AGENDA PUBLIC HEkRLNGS 500. Office Of The City Attorney REQUEST: Requests That The City Commission Pass On First 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 First Reading, And Advertise The Ordinance For Second And Final Reading At The Next Regular Commission Meeting Scheduled For December 13, 2010. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. Attorney Garganese read Ordinance 2010-22 by "Title' only. Tape 2/Side A 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 MOVE TO SECOND READING." MOTION BY COMMISSIONER HOVEY. 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. CITY" OF NTN-fER SPRINGS. FLORIDA S4`QLTTS CITY COWMISSION REGULAR MEETP`G - NON -EMBER 15, 2010 (RESCHEDULED FROM NOVE.1BER S, 2010) PAGE 15 OF 26 PUBLIC HEARINGS 501. Public Works Department REQUEST: Requesting The City Commission Approve Ordinance (Number) 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: The Notice Of The 2°d Reading Of The Franchise Agreement Extension Ordinance Will Be Noticed In The Orlando Sentinel. RECOMMENDATION: It Is Recommended That The City Commission Hold A Public Hearing And Move To 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. Mr. Lockcuff and Mr. Shawn Boyle, Director, Finance and Administrative Services Department addressed the City Commission on this Agenda Item. Commissioner Bonner suggested that there should be information on our Website as to how to get replacement items; and/or a link that someone could use, to request a replacement. Discussion followed on recycling containers, related City policies, and educating citizens on smaller receptacles. Mr. Platt Loftis, Waste Pro of Florida, 3705 St. Johns Parkway, Sanford, Florida: addressed the City Commission and stated, "On each cart there is an email website as well as a phone number and the resident can simply call and/or email us to request whatever size it is that they do need." Mr. Loftis added, "Anything they want, they can simply receive." Mr. Loftis also suggested that individuals could also contact the City's Public Works Department for assistance. Commissioner Bonner asked about any charges and Mr. Loftis noted, "There is no charge for any swap out, whether they go up a size or down a size. There's no replacement charge at all. And if there are any damaged parts, whether it be a lid, hinge, they can also request different, a particular piece for a cart, as well as a replacement." Mr. Frank Jelonek, Division Manager, Waste Pro of Florida, 3705 St. Johns Parkway, Sanford, Florida: added, "We will be glad to go out and repair, and we currently do." Commissioner Bonner suggested that Waste Pro of Florida employees be encouraged to take proactive approaches related to any issues they find out about on their routes; and thought that customers would be impressed if proactive actions occurred. Mr. Loftis stated, "We will do that and not only will we do that, but we will order some more additional pieces and parts and we will make sure that these Supervisors as they check the routes, also check the status of the carts and repair the cart before the complaint or request even comes in." CITY OF WATER SPRINGS, FLORIDA %fNUTES CITY COMMISSION REGL-LAR MEETING - NOX'EMBER 15, 2010 (RESCHEDULED FROM NONTE.MBER 8, 2010) PAGE 16 OF 26 Commissioner Bonner recommended to Mr. Lockcuff for next year's Survey, that questions include "Questions related to active replacement by our Vendor Waste Pro (of Florida) and are repairs needed." Commissioner Bonner added that he would appreciate reading such feedback. Mr. Loftis stated, "We will definitely work on it." Commissioner Hovey mentioned she had a broken garbage can and suggested that we inform our citizens of the option of corresponding via email about any issues a citizen may have. Commissioner Krebs stated, "Point of Order " and commented on the Ordinance in this Agenda Item. "MOTION TO READ BY `TITLE' ONLY." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mayor Lacey opened the "Public Input "portion of the Agenda Item. Mr. Gary Brook, 1631 Wood Duck Drive, Winter Springs, Florida: commented on a positive experience with Waste Pro of Florida involving a broken cart which was replaced by Waste Pro of Florida. .Wayor Lacey closed the "Public Input" portion of the Agenda Item. Mr. Lockcuff noted, "This does include in section 2.2 an additional four (4) year renewal." Continuing, Mr. Lockcuff stated, "We had talked about a perpetual and we did not include that, but — if either party agree in 2015 or ninety (90) days prior, you have the option to go an additional four (4) years." Mayor Lacey pointed out, "So it is a mutual agreement." Manager Smith noted, "We would certainly, obviously bring that before the Commission for consideration and at the same time, do our informal survey of the surrounding areas, rates and so on and so forth; but that would serve to save significant costs and issuance of an RFP (Request for Proposal)." "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION FOLLOWED ON COMPLAINTS AND COMMERCIAL COMPONENTS. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CFrY OF NZ'NTER SPRINGS. FLORIDA MLNLTES CITS' COA4.9SSION REGLLAR Aff.E1iNG - NON'EMBER 15, '_010(RESCHEDLI.ED FROM NO%'E.MBER 8, 2010) PAGE 17 OF 26 REGULAR AGENDA REGULAR 600. Not Used. REGULAR 601. Parks And Recreation Department REQUEST: Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs And The Scottish American Society Of Central Florida, Inc. For The 34`h Annual Central Florida Scottish Festival And Highland Games. FISCAL IMPACT: Scottish Gatherine On Thursday, January 13`h: Parks: No Costs Public Works: No Costs Fire Department (Event Inspection): $160.00 Police (4 Officers @ $38.50 For 4 Hours): $616.00 Event Permit: $25.00 Total Cost Of The Scottish Gathering To City: $ 801.00 Funds Are Budgeted And Available In Account 118-56910 For This Purpose. Scottish Highland Games On Saturday/Sunday (January 15`h & 16th) Parks: No Costs Public Works: No Costs Fire Department (Fire Inspection): Paid By Event Applicant Police: Paid By The Event Applicant Event Permit: Paid By The Event Applicant Total Cost Of The Scottish Highland Games To City: $0 COMMUNICATION EFFORTS: Upon Approval, The Scottish Festival And Highland Games Will Be Promoted Through The Winter Edition Of The Insider (On Web), E-alert, And The City Website. Also Flyers - Posters Or Any Other Promotional Material Provided Would Be Displayed At City Hall, Senior Center And Parks And Recreation (Central Winds Park). RECOMMENDATION: The Parks And Recreation Department Is Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs And The Scottish American Society Of Central Florida, Inc. For The 34`h Annual Central Florida Scottish Festival And Highland Games, And Approve The Expenditure Of Up To $801.00 In City Funds For Public Safety Costs For The Thursday Night Event In The Town Center. IMPLEMENTATION SCHEDULE: January 13, 2010 Thursday Gathering From 6:00 PM-9:00 PM January 15, 2010 Central Winds Park From 8:00 AM-9:00 PM January 16, 2010 Central Winds Park From 9:00 AM-5:00 PM "MOTION TO APPROVE." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CRY OF %lZ\TER SPRP;GS, FLORIDA MNLTES CITY CO%L%USSION REGULAR MEETLNG - NO%T7%IBER 15. 2010 (RESCHEDULED FROM NOI.T-.iBER 8, _010) PAGE 18 OF 26 VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. REGULAR 602. Office Of The City Manager And Office Of The City Clerk REQUEST: Request That The City Commission Remove This Agenda Item From The Table Which Was Tabled At The October 25, 2010 Regular Meeting; And If Removed From The Table, To Then Make Any Remaining Appointments 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 That Information Has Been Forwarded To The City Commission. This Agenda Item Has Been Distributed To The Mayor And City Commission; City Manager; City Attorney; Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Will Be Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATION: The City Commission Is Requested To Make Three (3) More At Large Appointments To The "Parks And Recreation Advisory Committee". "MOTION TO REMOVE FROM THE TABLE." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK : AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. "PAM CARROLL" NOMINATED AS AN AT LARGE APPOINTMENT TO SERVE ON THE PARKS AND RECREATION ADVISORY COMMITTEE. MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. CM- OF NkIN-rER SPRINGS. FLORIDA MNTUTES CITY CO%LMISS1ON REGULAR MFETNG - NOVEMBER 15, 2010 (RESCHEDLLED FROM N*O 'T IBER 8.2010) PAGE 19 OF 26 VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Mayor Lacey suggested "Clare Mumey" as a Nomination. "I WILL MAKE THE NOMINATION TO APPOINT CLARE MUMEY" AS AN AT LARGE APPOINTMENT TO SERVE ON THE PARKS AND RECREATION ADVISORY COMMITTEE. MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. Mayor Lacev stated, "Point of Order " and commented on the procedure. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. Deputy Mayor Brown mentioned he had read an article in the "Orlando Business Journal" which dealt with the Seminole Science and Simulation Center being constructed by the Cassells. With further comments, Mayor Lacey spoke of a related Resolution of support that Seminole County had recently Ratified. REGULAR 603. Community Development Department REQUEST: Requests The City Commission Consider The Request Of Pathfinder Landology Isis To Acquire Approximately 6 Square Feet Of The City's Tuskawilla Road Right -Of -Way To Accommodate An Encroachment From Building 4. FISCAL IMPACT: The Doran Company (a.k.a. JC Calhoun) Had Provided The Additional Right -Of - Way Along Its Portion Of Tuskawilla Road. The Primary Cost To The City Is Likely To Be Attorney's Time And Recording Fees. The Fair Market Value Of The Land And These Legal Fees Are The Fiscal Impact To The City. COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The Commission Agenda Are Necessary In Conjunction With This Agenda. The Commission Agenda Has Been Posted On The Bulletin Board Outside City Hall, On The City's Electronic Sign; The Agenda Is Electronically Posted According To The City Clerk's Procedure. RECOMMENDATION: Staff Recommends That The City Commission Approve The Vacation Of Approximately 6 Square Feet Of The Tuskawilla Road Right -Of -Way And Acquisition Of This Vacated Right -Of -Way By Pathfinder Landology Isis At Fair Market Value Plus Associated Legal Fees. In Addition, Staff Recommends The Commission Give Direction To Staff And The City Attorney To Prepare All Necessary Documentation To Facilitate This Right -Of -Way Vacation And Acquisition. Mr. Stevenson began the discussion on this Agenda Item. CRY OF NkT*,7FR SPRPNGS. FLORIDA MNLTES CRY COMMISSION REGULAR MEETD;G - \ON'E.MBER 15, 20101RESCHE.DULED FROM \ONT-%fBER S, 2010) PAGE 20 OF 26 Commissioner Krebs commented on the calculations. "I AM GOING TO MAKE A MOTION TO APPROVE ITEM `603'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. In other City business, City Clerk Lorenzo-Luaces asked the City Commission if they wished to discuss possibly having a Farewell Event for former Mayor John F. Bush and former Commissioner Sally McGinnis. With discussion, Commissioner Krebs noted she was in favor of honoring former Mayor Bush and former Commissioner McGinnis for their past service to the City. City Clerk Lorenzo-Luaces commented on costs, possible venues and dates, and suggested that if the City Commission was agreeable, we could speak with former Mayor Bush and former Commissioner McGinnis, and ask for possible dates of availability. Commissioner Krebs added, "I think it would be good to combine it." Deputy Mayor Brown suggested, A am okay with doing it and expending a not to exceed sum on it." Commissioner Hovey suggested doing something similar to the Farewell Event held for Mr. Chuck Pula. Additionally, Commissioner Krebs then recommended, "Why don't we have Andrea's (Lorenzo-Luaces) Office come back with some suggestions." With further comments on venues such as the Tuscawilla Country Club, Commissioner Krebs added, "Just get some prices as if they were to do it." Continuing, Commissioner Krebs noted, "Maybe we can decide then whether it is okay to spend the money or maybe there is a partial where it might cost something to go, but the City will pay `x' amount." Size, location, and possible Sponsors were addressed next. Commissioner Bonner thought that this could possibly be tied into the upcoming Christmas events. Comments followed on the next City Commission Meeting being held until after the upcoming Christmas events. Mayor Lacey then said, "Are we comfortable with just asking Andrea (Lorenzo-Luaces) to research the various options and come back to us?" Deputy Mayor Brown and Commissioner Bonner stated, "Yes." No objections were voiced. City Clerk Lorenzo-Luaces stated, "Okay. Thank you." Next, Commissioner Bonner mentioned that with Commissioner McGinnis leaving the Commission, a replacement for her Seat on the 17-92 Community Redevelopment Agency was needed. "I WOULD BE COMFORTABLE MAKING A MOTION THAT COMMISSIONER BONNER JUST FILL IN AND TAKE OVER — THAT IS MY MOTION." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR LACEY RESTATED THE MOTION SAYING, MOTION "FOR COMMISISONER BONNER TO FILL IN AS OUR REPRESENTATIVE ON THE 17-92 CRA (COMMUNITY REDEVELOPMENT AGENCY) BOARD." CITY OF 1AINTER SPRINGS, FLORMA MINUTES CFFY COMMISSION REGULAR MEETING - NO\'EMIBER 15. 2010 (RESCHEDULED FROM NOYEMffiER 8, '_010) PAGE'_l OF'_6 COMMISSIONER BONNER STATED, "I AM WILLING TO SERVE." VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Discussion followed on a Nomination for an Alternate. "I WILL NOMINATE COMMISSIONER RESNICK." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. COMMISSIONER RESNICK DECLINED DUE TO SCHEDULE CONFLICTS. MAYOR LACEY STATED, "HEARING THAT, IF THERE IS NO OBJECTION FROM THE COMMISSION, THE NOMINATION WILL BE WITHDRAWN." Discussion followed on the typical meeting schedule for the 17-92 Community Redevelopment Agency. "I WILL RE -MAKE MY MOTION FOR COMMISSIONER KREBS" TO SERVE AS ALTERNATE ON THE 17-92 CRA (COMMUNITY REDEVELOPMENT AGENCY)." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Commissioner Bonner addressed the earlier discussion on the Winter Springs Village project, and said, "I don't know what our options are for slowing things down or satisfying their desire for more information. Certainly it is the Town Center, so our Codes, and our Zoning and all of those things are not in question in my mind; it is really just taking the time to make sure the citizens feel that they have all the facts, and not feeling that they are being rushed or surprised." Discussion followed about a Homeowner's Association's Meeting, a letter that a former City Manager had provided the Homeowner's Association's, decisions Homeowner's had made in purchasing their properties; the Town Center Code, buffers, and traffic issues. Tape 2/Side B Discussion. CITY OF N rNTER SPRINGS, FLORIDA MINUTES CITI' COMMISSION REGULAR MEETING - NOVEMBER 15. 2010 (RESCHEDULED FROM NOVEMBER B, 2010) PAGE 22 OF 26 Manager Smith stated, "I just want to make sure I clearly articulate this to the Commission, as Deputy Mayor Brown indicated, it was maybe two (2) weeks ago we met with the HOA (Homeowner's Association), received good feedback. But quite frankly, it was the first time we'd heard a lot of that feedback — the very next day, I told the citizens that I would take their concerns to the Developer, to the Applicant. Randy (Stevenson) and I met with them the very next day, it was a very blunt conversation. I said, 'You've got your work cut out for you. There are some folks that are not happy here.' They immediately started trying to meet with the folks and have met with them. I've had multiple conversations, with both the Applicant and the homeowners, various homeowners over that last two (2) week period. So, we've been quite frankly, working diligently to try to address these issues over that timeframe. There are some things that as the Commission articulated that the residents need answers to. Well, quite frankly over this two (2) week period, I am still trying to get answers. For example, the original plan was not to complete Spine Road until a certain point in time. Well, I've asked the Applicant if we could change that, to get that road built sooner. I believe that's going to happen." Continuing, Manager Smith noted, `'But, we're diligently trying to work through those things as we are a variety of issues. As you know, this item hasn't come before you all yet." Commissioner Krebs said, "Right." Manager Smith then remarked, "So, we're doing our Staff Review to be able to bring you all a good product. We do not have a good product for you yet. We're working on it. At that point in time, we'll bring all these answers and we'll get those answers and we'll continue to engage the citizens. I've sent several emails today to citizens. Now, can we do a better job? Of course. We always can improve. When we talked earlier about — about dropping the ball, I want to explain myself just a little bit further. In the Agenda Item that we brought forward to you all, we clearly said it's the Applicant's responsibility to communicate to the residents before any Early Work Permit work begins. That's what we told you all we were going to do, and that is what the Applicant told us they would do. They didn't do that." Manager Smith added, "We should have followed up with them. So, what we did is, Brian (Fields) as he articulated to you all, then picked the ball up and did their work for them. So, we could have done a better job and we'll do that. But, again, this is something that we're trying to work through and try to keep the residents informed. We had a Website set up for this as we do other projects. Commissioner Krebs made a good suggestion that we need the - sign-up for emails as we did for Jetta Point. We probably should have caught that on the front end too." Additionally, Manager Smith explained, "We're still trying to get a lot of answers ourselves, but we've a good dialogue with the residents." Additionally, Manager Smith commented, "We'll continue to try to do better and with the Applicant, and we'll let you know as soon as we do." Commissioner Bonner said to Manager Smith, "'I appreciate that, I certainly do. And to Commissioner Brown's comments, yes it is the Town Center PUD (Planned Unit Development). It is what it is. Now, the things that are concerning are — if the previous administration, the previous representatives who have sat in these chairs before us made commitments to these residents, I know we are diligently trying to find the historical documentation on that, but my experience is, that if folks think that they received a commitment, guess what, they received a commitment" Manager Smith said, "When that was conveyed to and Deputy Mayor Brown can confirm this, when that was conveyed to me at that meeting, my exact words were, 'We'll honor this commitment if we can." Manager Smith then said, "But I clearly agree with you. It doesn't make a difference whom made the commitment. They feel like the City made a commitment and quite frankly we should honor it — the problem is I can't honor that commitment, only the Applicant can. It's their property. But, I did go to them and say, 'We are going to have to work this out'." CITY OF WINTER SPRD;GS. FLORIDA !.iMTES CITY COMMISSION REGLLAR MEETING - NOVEMBER 15, 2010 (RESCHEDULED FROM NON'E.b1BER 8, 2010) PAGE 23 OF 26 Commissioner Bonner then added, "What tool can we give you as the Elected Officials to give you the ability to write all this stuff down. And for example, this Body approved at the Applicant's request some accelerated work to be done ahead of Final Engineering because we had a good understanding that the Applicant was going to be a good neighbor and do a good job and do all of these things, like you said. And so the Applicant has not been a good neighbor. The Applicant has not done a good job and now you as Staff are frustrated is what I hear, as are the citizens in getting the answers to these questions. So, as the Elected representative what can we do to give you the tool that you need to get the answers on behalf of the citizens? So, maybe that is a question for the Attorney." Manager Smith stated, "Two (2) things. Number one (1), we need sufficient time in order to do what I articulated that we needed to do. I don't know how problematic that is and that's why I asked Randy (Stevenson) to step to the podium, and Anthony (Garganese) can opine also; because they do have certain rights to develop that property and certain guidelines. And the second one is your support, as we articulate to the Developer that we need to flush out several things that may be over and beyond the normal scope, i.e. citizen involvement to a certain extent. That we get your support when the Developer is - upset about the perceived additional time involved - that we get your support as we go forward and do the Due Diligence and flush that out." Attorney Garganese stated, "I've had some conversations with their Legal Counsel and there seems to be a desire to push this project to the Commission for Approval in December. That's their time period. That's not the City's time period. There is also a desire to make technical arguments about whether or not they should have to go to Planning and Zoning Board for review under the new Ordinance which is now effective and - this project has been ongoing for — a good six (6) years or so. My position with consulting with the City Manager and the Community Development Director is — this project needs to go to the Planning and Zoning Board. There was a procedural change that was made to the Town Center Ordinances, so there needs to be a Hearing before the Planning and Zoning Board, before this Commission even considers it. And that's been the direction of the Manager and rightfully so. So, they have their own time period, this Commission only has one (1) more Hearing for this year. If the Commission doesn't want to see this project because there is so much work that needs to be done before the end of the year, then so be it. And that Commission can I think, give the direction at this stage regarding that, because you have a very limited time period. You're not going to get all the answers between now and your only Meeting in December, by the looks of things. And then the other message that would be nice is that regardless of whether you make technical Legal arguments, you want this matter going before the Planning and Zoning Board in accordance with your new Town Center Code. Unless I hear some objections from the Commission, we're going to make that, not only is that our position at the Staff level, but that's the position of this Commission, so that's an additional Hearing that they have to go to that we are not going to short circuit. So, that would be helpful as well. So that kind of pushes the project back until after the first of the year to give Staff ample time to research all of the questions that are being raised by the public and of course, this is ultimately going to be a Quasi -Judicial Hearing so all of the Evidence will be presented to you at the appropriate time when it's all been gathered and everybody is ready to present it." Deputy Mayor Brown commented, "I do agree. I don't think there is any way that we can take this and give it enough diligence to make a correct decision before the end of the year. So, I would be more than happy to see this come back after we are satisfied that we've followed all the processes and had all the questions answered. I am really concerned that they skipped the first critical step that we asked them to do and I think that kind of sets the tone for what is going to happen now when they come back with modifications, or what they want to get accomplished because now we can't trust that what we asked them to do and what they say they are going to do they are actually going to do, and that gives me a great deal of pause. Is there anything that we can do now that will keep them from clearing any more of the trees along the area that is being loosely defined as the buffer? Can we stop that?" Manager Smith responded, '`To Commissioner Resnick's point, yes, we are working with them." CITY" OF WINTER SPRINGS, FLORIDA MLNU ES CM" CONSUSSION REGULAR MEETING- NO\'EMBER 15, '_010 (RE.SCHEDL7.ED FROM NOVEMBER 8, '-010) PAGE 24 OF 26 Deputy Mayor Brown asked, "And the buffer is being defined thirty-five (35), forty (40), fifty (50), or ninety (90)?" Mr. Kip Lockcuff noted, "Fifty feet (50') from the Trail." Deputy Mayor Brown added, "Ninety feet (90')." Manager Smith added, "But that is the temporary buffer, of which some of the trees in that buffer are again I am told, they're trying to save, so to speak." Mr. Brian Fields commented, "Buffer stays at least until Final Engineering Approval." Attorney Garganese added, "It is in the Agreement. So — there is a Binding Agreement for the clearing— they can't go beyond that and we were very, very clear because it was an unusual request to have that Agreement approved before Final Engineering was Approved and they stated on the Record their response, but we were very clear. They are assuming all the risk going out there, clearing this property and doing this early work that the Commission may make some change during Final Engineering that's going to require them to redesign aspects of that project. We were very clear about that point. And they understand it and now we haven't even had the second Final Engineering Public Hearing on this project and they don't have any Approvals for Final Engineering right now. They had previous Approvals that were Approved contingent upon a Development Agreement that was never executed. So, yes some previous Commissions have made decisions, but they're going to be proposing something different that has to go through the whole process and the Commission, we were clear. The Commission reserves its discretion to Approve or deny what they present at the end of the day. So, I want to state that again even though they are not here for the Record, it's understood that they have some work to do before Approval." With concern about the next step of digging retention ponds, Commissioner Bonner remarked, "Is there legally a way for us to slow this down enough for them to be more responsive to Staff to get some of this more diligence in. Do we have the power? Is it necessary to rescind. I would really like to get their attention and have them recognize to Commissioner Brown's point - their very first opportunity to be a good neighbor, they failed." Commissioner Bonner added, "What is our recourse? What can we do legally? What are we exposed to as a City? Can we just turn around and rescind the previous order and come to a screeching halt? What do we do?" Attorney Garganese stated, "The previous Order was actually a written Agreement that was Approved by the Commission, so they have Contractual rights under the Winter Springs Village Mass Grading Development Permit Agreement to do some preliminary work, so they have that right by Contract. However, the point I was trying to articulate, they have assumed the risk..." Commissioner Bonner added, "...They are taking all the risk for spending the money...." Attorney Garganese then continued, "...For spending the money and I think the message that the Commission has heard from the citizens is that they have some concerns that they want to be able to address and look at, and this Commission has to approve the Final Engineering; and this Commission is not in a position to do that right now. So, the message that the Developer needs to understand is that the Commission has concerns with perhaps with what's being proposed, just on your general knowledge and that issues need to be worked out. That in of itself pushes the Approval process back a little bit, and that is the point I am trying to articulate. I would not advise you to interfere with any contractual rights that they have for the pre -clearing..." Commissioner Bonner commented, "...I understand..." Attorney Garganese then continued, "...But, they're not going to be able to proceed any further then what's been authorized in this Agreement." Commissioner Krebs inquired of Manager Smith, "They were specifically supposed to have a Meeting. They were told they needed to have a Meeting." CITY OF NL\'TER SPRP;GS, FLORIDA NILNU ES CM- CO%LMISSIO`. REGULAR MEETLNG-NO\TNSBER 15, _010 (RESCHEDLLED FROMNOVEMBER 8, 20101 PAGE'_5 OF'_6 Manager Smith replied, "When you all Approved the Early Work Permit - as you all know, there's a 'Communication Efforts' section on the Agenda. That 'Communication Efforts' section clearly said that the Applicant was responsible to communicate to the residents that this was going on prior to commencing of the work." Commissioner Krebs stated, "What I am suggesting if everybody else agrees is that you compose a letter to this Developer expressing our displeasure in what has happened and the problems that he has caused with our constituents and where he has put them, and us. And I think they need to know that." "I WOULD LIKE TO MAKE THAT MOTION." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. MAYOR LACEY RESTATED THE MOTION AS, "THAT WE INSTRUCT THE MANAGER TO WRITE A LETTER TO THE DEVELOPER OF THE WINTER SPRINGS VILLAGE PROJECT THAT HE HAS LET US DOWN IN HIS COMMUNICATION EFFORTS." COMMISSIONER KREBS ADDED, "AND EVERYTHING ELSE HE HAS HEARD UP HERE." DEPUTY MAYOR BROWN NOTED, "I DON'T THINK YOU CAN'T STATE STRONGLY ENOUGH THAT HE HAS VIOLATED MY TRUST..." COMMISSIONER KREBS COMMENTED, "...RIGHT..." DEPUTY MAYOR BROWN CONTINUED, "...AND I AM GOING TO BE HESITANT TO LET HIM DO ANYTHING THAT DOESN'T HAVE THE `Ps' DOTTED AND THE `t's' CROSSED FROM THIS POINT FORWARD." COMMISSIONER KREBS SAID, "THAT IS EXACTLY RIGHT. HE NEEDS TO KNOW, WHEN HE COMES BEFORE US NEXT TIME, WE ARE GOING TO BE WATCHING." MAYOR LACEY NOTED, "I THINK THE THEME IS THAT COMMUNICATION TO OUR CITIZENS IS EXTREMELY IlVIPORTANT TO THIS COMMISSION AND WE WERE ENTRUSTING HIM TO DO THAT AND HE FAILED. PERIOD." MANAGER SMITH SAID, "RANDY (STEVENSON), IS IT NOT A FAIR STATEMENT TO SAY THAT WE CLEARLY ARTICULATED HOW IMPORTANT THAT WAS, EARLY ON?" MR. STEVENSON STATED, "YES." COMMISSIONER KREBS THEN SAID, "THERE IS GOING TO BE A DA (DEVELOPMENT AGREEMENT) INVOLVED HERE AND I WOULD LIKE THAT HE KNOWS THAT THAT STRONG LETTER IS SITTING RIGHT ON TOP OF WHAT HE IS GOING TO BE ASKING." MANAGER SMITH SAID "ABSOLUTELY." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. With further comments, Mayor Lacey suggested that we review what the Vision is for the Winter Springs Town Center. Discussion followed on density, and the Town Center Code. CITY OF wTNTER SPRINGS. FLORIDA MINUTES CITY COhLMISSION REGLIAR MEETING - NO\INIBER 15, _0101RESCHEDLIED FROM NOVEMBER S. 2010) PAGE 26 OF 26 Commissioner Bonner commented, 'You cannot over market or message or educate. We are doing a great job now at our Community Events. The City is at the Event right? So, there is an opportunity to touch the citizens. Every touch point that we have, whether it is attending the Chamber of Commerce luncheons, visiting any HOA (Homeowner Association) meetings, and so on, I wish I had a little pamphlet that is — 'What is the Town Center and what does it mean to you and what is it going to look like'." Further comments followed as to this information being available on the City's Website. Mr. Stevenson stated, "It is currently on the Website. Maybe we need to make it more prominent." Commissioner Bonner also suggested that a similar pamphlet be put together for the GreeneW'ay Interchange District that explains, "What is the Vision? What is it going to look like down here? What are we going to be doing down here?" Mayor Lacey agreed. Commissioner Krebs suggested that Land Design Innovations, Inc., could work on this. Deputy Mayor Brown thought that an update from Dover Kohl and Associates could be given related to current economic concerns. Mayor Lacey though that this would be helpful. Manager Smith mentioned that related to the GreeneWay Interchange District, "I just wanted to advise the Commission that Randy (Stevenson) and I have been having conversations recently about that same subject and are bringing forward a Master Plan or a Conceptual Plan to you all for consideration that will start the efforts to start putting that out on our Website and begin those marketing efforts." Deputy Mayor Brown stated for the Record, "One of the residents who spoke said I had a conversation with the Developer regarding this, and that did not take place." In other City business, Deputy Mayor Brown mentioned to Manager Smith about Mr. Paul Partyka's Pinch -A - Penny project and asked if it would come before the Planning and Zoning Board/Local Planning Agency Meeting scheduled for December 1, 2010. Manager Smith responded, "Yes it will." Deputy Mayor Brown then said, "I think he just wants an answer, one way or the other. I think they recognize where they stand, and if it can hit P&Z (Planning and Zoning Board[/Local Planning Agency]) and us on (December) the 13th (2010), I think everybody will end the year with a much better understanding of where they stand." Manager Smith said, "That's what we will do." ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 8:07 p.m. r RESPE TF fLYSUB.111TTED: i A NZO-LUACES, MMC CITY CLERK APPROVED. )0,0 do,64 MAYOR C ItLES ACE NOTE: These Minutes wer_=appfoved at the December 13, 2010 Regular Cit} Commission Meeting. t FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME -MIDDLE NAME NAME OF BOARD, OUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE G A n Y— %�fi G� CITY P � 6.!/.✓lEit Polf I146 f C oM �"► / Ss /O�✓ MAILING ADDRESS (� THEBOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON / WHICH I SERVE IS A UNIT OF: 116 E s rare R� (1 CITY COUNTY []COUNTY []OTHER LOCAL AGENCY wlr<E SCR/CGS / G� / // 32 O_ ry/ 7� O` / q NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED MY POSITION IS: /VO V. / S 14 Z 0 /Q H ELECTIVE APPOINTIVE EC F I V E= WHO MUST FILE FORM 8B F- R L 2u�u This form is for use by any person serving at the county, city, or other local level of government on an appbinted er etKAedboa6R_rsouncil, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) RaECEIVETJ APPOINTFED OFFICERS (continued) L L 2u � • A copy of the form must be provided immediately to the other members of the agency. - - • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. n ,Z� DISCLOSURE OF LOCAL OFFICER'S INTEREST r I, G44� /"� 1 a-1, 14IZ— -,hereby disclose that on IVOVEM13E 2 / 7 20 AU (a) A measure came or will come before my agency which (check one) 52r"inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: i fi (- '-' 1'f�i`� ttl-~ri: 7/�!'1TC� 1�r(..U.'S-If� ,lllj�f(t%' / � •¢ %its= � � fi j�7�C1c��� i /Z- 0 r Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REOURED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 112000 PAGE 2