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HomeMy WebLinkAbout2011 05 23 Consent 205 May 9, 2011 Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES REGULAR MEETING MONDAY, MAY 9, 2011 - 5:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Jean Hovey - Seat One Commissioner Rick Brown - Seat Two Commissioner Gary Bonner - Seat Three Commissioner Cade Resnick - Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 2 OF 23 CALL TO ORDER The Regular Meeting of Monday, May 9, 2011 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). Mayor Lacey recognized and welcomed former Village of North Orlando Mayor Cliff Jordan. Roll Call: Mayor Charles Lacey, present Deputy Mayor Jean Hovey present Commissioner Rick Brown, 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 A moment of silence was held. The Pledge of Allegiance was then led by Pack 206. Mayor Lacey mentioned that the grandfather of one of the member's of Cub Scout Pack 206 was the former Mayor of the Village of North Orlando (Winter Springs) Cliff Jordan. Regarding any Agenda Changes, Mayor Lacey stated, "We do have an additional item, `208' on the Consent Agenda." INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department REQUEST: Advising The City Commission Of The Status Of Various Current Planning Projects. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 3 OF 23 INFORMATIONAL 101. Land Design Innovations, Inc. - City Consultant REQUEST: Presenting The Summary Report For Economic Development Activities From March 29, 2010 Through April 30, 2011. The Information In This Agenda Item Will Be Verbally Presented Under Item 300 At The May 9, 2011 City Commission Meeting. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. No discussion. INFORMATIONAL 102. Community Development Department - Building Division REQUEST: Providing Information To The City Commission On The Current Status Of The Permit Inspection Efforts. FISCAL IMPACT: This Agenda Item Has No Specific Fiscal Impact To The City; However, Increased Efforts On The Part Of Current Staff Allow The Building Division To Provide A High Level Of Service With A Minimum Number Of Personnel. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. All Permit Applicants Are Given Information Pertaining To The Scheduling Of Inspections At The Time The Permit Is Issued. A Business Card Is Issued With Information About Scheduling Inspections. The Telephone Inspection Line Also Has Verbal Information About Scheduling Inspections And What To Do If The Applicant Needs A Specific Time Or Has An Emergency Situation. Information About Electronic Inspection Requests Is Also On The City's Website. INFORMATIONAL 103. Utility Department REQUEST: Reporting To The Commission The Completion Of The 1 St Year Of The Bulk Reclaimed Water Agreement With Tuscawilla Country Club. FISCAL IMPACT: The Bulk Reclaimed Water Agreement With Tuscawilla Country Club Provided New Revenues Of $19,247.98 In The First Year. The Estimated First Year Revenues Were $14,900.00, However, Reclaimed Usage Was Up Slightly And The Well Usage Credit Was Significantly Down From The Original Estimates. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff Recommends The City Commission Accept This Information. No discussion. INFORMATIONAL 104. Office Of The City Manager And Office Of The City Clerk REQUEST: Request That The Mayor And City Commission Receive Information Related To The City's New Paperless Agenda Process Which Will Save The City Thousands Of Dollars Annually, Due To The Innovative New Process That City Staff And The Information Services Department Has Now Implemented. FISCAL IMPACT: With The City's New Innovative Process Of Offering Paperless Electronic Agenda Packets To The City Commission, This New Process Could Potentially Save The City From Thirty -Eight Hundred Dollars ($3,800.00) And Upwards Of Forty -Eight Thousand Dollars+ ($48,000.00) Per Year. If You Then Add On The Time Related Cost Savings To Include Delivering And Picking Up Agenda Items To /From The City Manager, Copying Agenda Items (Time /Paper /Copier Maintenance Costs), Gasoline For Trips From Departments Not Located At City Hall And Couriering Those Agenda Items Back And Forth From City Hall, Etc., The Savings Increase Even More So. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 5 OF 23 COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Attorney /Staff, And All eAlert /eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Manager And The City Clerk Request That The City Commission Receive And Accept The Information In This Agenda Item. There was no discussion on this Agenda Item. "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER BROWN SECONDED BY COMMISSIONER KREBS. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CONSENT AGENDA CONSENT 200. Office Of The City Manager And Finance And Administrative Services Department REQUEST: The City Manager And Finance And Administrative Services Department Are Requesting The Commission Adopt Bond Resolution (Number) 2011 -19 To Accept The Proposal By BB &T Bank To Purchase The City's, Not To Exceed $880,617.00, Water And Sewer System Revenue Refunding Revenue Notes, Series 2011B To Refund All Of The City's Outstanding Water And Sewer Revenue Bonds, Series 2000; And Authorize The City Manager And City Attorney To Execute All Necessary Documents To Complete A Loan Agreement With BB &T Bank. FISCAL IMPACT: Upon Acceptance Of The Refinancing Of The Water And Sewer Revenue Bonds, Series 2000 By BB &T Bank The City Will Realize A Net Present Value Savings Of $134,357.00 (10.29 %) Over The Remaining 10 (Ten) Years Until Final Maturity Of The BB &T Note On 10/1/2020 (October 1, 2020). This Equates To A Savings For The Water And Sewer Fund Of $16,000.00 (Nominal) Annually. This Coupled With The Future Recommendation To Finance The Lake Jessup Reclaimed Water Project With SRLF (State Revolving Loan Fund) Monies, Will Yield Significant Savings For The City's Utility Operations. COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City Commission; 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 6 OF 23 No discussion. CONSENT 201. Office Of The City Clerk REQUEST: Requests That The Mayor And City Commission Review And Approve Resolution Number 2011 -16 Offering Their Appreciation And Gratitude For The Service Of Mr. George Colombo As A Previous Member Of The Bicycle And Pedestrian Advisory Committee. FISCAL IMPACT: There Is No Fiscal Impact If Resolution Number 2011 -16 Is Approved. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. Upon Approval Of This Resolution, The City Clerk Will Contact Mr. Colombo On Behalf Of The Mayor And City Commission, In Keeping With What The City Commission Has Requested. RECOMMENDATION: The City Clerk Is Requesting That The City Commission Review And Approve Resolution Number 2011 -16. Upon Approval Of This Resolution, The City Clerk Will Then Contact Mr. Colombo Regarding Scheduling An Official Presentation By The Mayor And City Commission At An Upcoming City Commission Regular Meeting. This Agenda Item was not discussed. CONSENT 202. Utility Department REQUEST: Requesting Approval Of Resolution 2011 -18 Relating To The State Revolving Loan Fund Application For The Construction Of The Lake Jesup Reclaimed Water Augmentation Project. FISCAL IMPACT: There Is No Fiscal Impact From Approving This Resolution Because The City Commission Will Have The Opportunity To Consider Whether To Proceed With The SRF (State Revolving Fund) Financing Option When The Rates, Terms And Conditions Are Known. Staff Supports Keeping This Option Open As The SRF (State Revolving Fund) Low Interest Loan Could Provide Significant Savings To The Residents. As A Comparison, The Estimated SRF (State Revolving Fund) Loan Interest Rate Today Would Be About 2.96% Whereas A Bank Note Would Be In The Range Of 4.2 %. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 7 OF 23 COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff Recommends That The Commission Approve Resolution 2011 -18 Authorizing Staff To Proceed With The State Revolving Loan Fund Application And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents Necessary To Complete The Application. No discussion. CONSENT 203. Information Services Department REQUEST: Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. FISCAL IMPACT: There Is No Cost To Dispose Of These Surplus Assets. The City Receives Revenue Generated From Items Sold At Auction. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded to the Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients; And Is Available on the City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. 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 204. Police Department REQUEST: Requests To Use Fleet Financial Auto Sales And Leasing Via Quote /Bid Process For The Purchase Of One (1), Three (3) Year Old Vehicle Purchased In The Amount Of $10,000.00 From Local Special Law Enforcement Funds. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 8 OF 23 FISCAL IMPACT: Funding Is Requested From Police Special Law Enforcement -Local (Line Code 103- 64000) In The Amount Of $10,000.00. The Current The Balance In This Fund Is $21,374.78. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATIONS: Approve The Use Of Fleet Financial Auto Sales And Leasing Of Longwood, Florida Using Quote /Bid Process For The Purchase Of One (1), Three (3) Year Old Vehicle From Special Law Enforcement Funds Local For A Total Expenditure Of $10,000.00. Commissioner Gary Bonner said to Chief of Police Kevin Brunelle, "I just wanted to commend you on your decision to go in this direction. I really compliment the fact that you are able to stretch your Budget this way, still accommodate the needs of our community and have chosen to recycle some fine vehicles into Law Enforcement service; so, I really wanted to say thank you to you and your team for your innovative approach under these economic conditions." Continuing, Commissioner Rick Brown and Mayor Lacey added, "Thank you." CONSENT 205. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The April 25, 2011 City Commission Workshop Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/ Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The April 25, 2011 City Commission Workshop Minutes. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 9 OF 23 CONSENT 206. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The April 25, 2011 City Commission Regular Meeting Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/ Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The April 25, 2011 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. CONSENT 207. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The May 2, 2011 City Commission With The Board Of Trustees Special Meeting Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/ Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The May 2, 2011 City Commission With The Board Of Trustees Special Meeting Minutes. No discussion CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 10 OF 23 CONSENT AGENDA CONSENT 208. Office Of The City Attorney ADD -ON Approval Of A Mediation Settlement Agreement Between Esterson Construction Company And The City Of Winter Springs In Case Number 07 -CA- 756 -15 -G, In The Amount Of One Hundred And Fifty -Two Thousand, Five Hundred Dollars ($152,500.00). There was no further discussion related to this Agenda Item. "MOTION TO APPROVE INCLUDING `208'." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR LACEY STATED, "MOTION TO APPROVE THE ENTIRE CONSENT AGENDA `200' THROUGH `208'." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Land Design Innovations, Inc. — City Consultant REQUEST: Asking The City Commission To Receive A Presentation From Land Design Innovations, Inc. Updating The City Commission On Economic Development Efforts. (Follow Up Presentation From Informational Agenda Item "101 ".) Mr. John M. Jones, AICP, Senior Planner, Land Design Innovations, Inc., 1770 Fennel Street, Suite 200, Maitland, Florida: addressed the City Commission on some activities they had participated in, as well as upcoming Economic Development events. The new Business Advocacy Group was also briefly discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 11 OF 23 REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager — Kevin L. Smith No Report. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC City Clerk Andrea Lorenzo - Luaces mentioned the upcoming Board and Committee Appreciation Dinner and asked if she could email information related to this event to the Mayor and City Commission. There were no objections. REPORTS 403. Office Of The Mayor — The Honorable Charles Lacey No Report. REPORTS 404. Office Of Commissioner Seat One /Deputy Mayor — The Honorable Jean Hovey Deputy Mayor Jean Hovey asked about the status of the Winter Springs Historical Society and noted she had found a coaster from the Longwood - Winter Springs Area Chamber of Commerce and thought it was of a historical nature and should be kept. With further comments, Commissioner Hovey, Commissioner Joanne M. Krebs, and Mayor Lacey thought this coaster could perhaps be displayed in the lobby. REPORTS 405. Office Of Commissioner Seat Two — The Honorable Rick Brown No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 12 OF 23 REPORTS 407. Office Of Commissioner Seat Four — The Honorable Cade Resnick No Report. REPORTS 408. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs spoke briefly on the TABOR (Taxpayer Bill of Rights) Bill. PUBLIC INPUT No one addressed the City Commission at this time. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department REQUEST: Requests That City Commission Review And Adopt On Second Reading, Ordinance No. (Number) 2011 -02, Which Will Repeal And Replace Most Of The Existing Planned Unit Development (PUD) Language In The City Code Of Ordinances. FISCAL IMPACT: The Cost Of Administering One PUD (Planned Unit Development) Regulation That Is Understandable And Defensible Should Be Less Than It Is At Present, Due To Less Staff Time, City Attorney Time, And Commission Time Expended. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. This Proposed Ordinance Was Advertised In The Orlando Sentinel, On April 14 And May 1, 2011, In Addition To The Postings By The City Clerk's Office. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- MAY 9, 2011 PAGE 13 OF 23 RECOMMENDATION: The Planning And Zoning Board And Staff Recommend That The City Commission Approve Second Reading And Adoption Of Ordinance No. (Number) 2011 -02. City Attorney Anthony A. Garganese read the Ordinance by "Title" only and added, "I just want to point out two (2) minor Amendments that occurred after the last City Commission meeting. If you recall, the previous draft had a list of definitions. Those definitions were taken out of this Ordinance and they will be coming back to you in a separate Ordinance. Those definitions will apply to the Zoning Code in general, not just this PUD (Planned Unit Development) Ordinance. Also, I added one (1) sentence that I think needs to be in here to clarify that nothing in this Ordinance when it comes to the permissible Uses — nothing in this Ordinance will be construed that aggregates specific Use restrictions that are set forth elsewhere in the Code." Continuing, Attorney Garganese added, "This PUD (Planned Unit Development) Ordinance as the Uses are set up by Development Agreement, that doesn't mean that you can have a Use that's otherwise prohibited elsewhere, in another Code." Mayor Lacey said to Attorney Garganese, "The changes you reference are already incorporated in the Ordinance we have in front of us ?" Attorney Garganese responded, "Yes. They are incorporated into the draft that you have before you." Mr. Bobby Howell, AICP, Planner, Community Development Department briefly addressed the City Commission on this Agenda Item. 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 ON SECOND READING." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department — Planning Division REQUEST: Requests That The City Commission Hold A Public Hearing For Second Reading And Consideration Of Ordinance (Number) 2011 -01, Amending The Comprehensive Plan To Incorporate The Annual Update To The Capital Improvement Element (CIE) Required By Rule 9J -5.016 FAC (Florida Administrative Code) And Chapter 163, Part II, F.S. (Florida Statutes). FISCAL IMPACT: No Measurable Fiscal Impact Resulting From The Proposed Change. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MAY 9, 2011 PAGE 14 OF 23 This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. Anticipated Implementation Schedule: May 9, 2011 - 2 nd Reading /Adoption Public Hearing For Ordinance 2011 -01 May 16, 2011 - Transmittal To Florida Dept. (Department) Of Community Affairs. RECOMMENDATION: LOCAL PLANNING AGENCY RECOMMENDATION: The Board Made A Unanimous Recommendation That The Comprehensive Plan Be Amended With Ordinance 2011 -01 To Incorporate The Annual Update Of The Capital Improvement Element Required By Rule 9J -5.016 FAC (Florida Administrative Code) And Chapter 163, Part II Florida Statutes. STAFF RECOMMENDATION: Staff Recommends That The City Commission Hold A Public Hearing And Adopt Ordinance 2011 -01, Which Amends The Comprehensive Plan To Incorporate The Annual Update To The Capital Improvement Element (CIE) Required By Rule 9J -5.016 FAC (Florida Administrative Code) And Chapter 163, Part II, F.S. (Florida Statutes). Attorney Garganese read Ordinance 2011 -01 by "Title" only. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department introduced this Agenda Item. 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 2011 -01)." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 15 OF 23 VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Finance And Administrative Services Department REQUEST: Requests That The Commission Review The Proposed Revisions To The Utility Billing And Collection Process And Provide Direction As Deemed Appropriate. FISCAL IMPACT: No Funding Is Necessary To Implement The Revisions. Application Fee Waiver — This Revision Would Decrease One -Time Application Fee Revenues (Presently $20.00 /Acct.; Approximately $1,500.00 /FY[Fiscal Year]) But Would Also Increase The Likelihood Of Timely Payment While Decreasing Staff Time On An Ongoing Basis. Late Fee Waivers - Although Staff Believes Penalty Revenues Would Be Somewhat Reduced (Estimated As Much As $8,000.00 /FY[Fiscal Year]), Staff Efficiency Would Increase As Would Goodwill With Those Customers Who Perceive The System To Be Unfair And Inflexible. `Cash Only' Status / Revocation of Bank Draft Privilege — This Revision Is Primarily A Convenience Issue For The Customer. While It Is Possible That Some Customers May Fall Back Into NSF (Non - Sufficient Fund) Status, The Prevailing Fees Would Serve As The Appropriate Consequence /Disincentive. Special Payment Arrangements — The Purpose Of This Revision Is To Work With The Customer Toward Payment Of Their Ongoing User Fees While Chipping Away At Their Outstanding Balance. Wide Utilization Of Payment Installments Will Not Exist, But To The Extent Utilized, Delinquent Account Balances Are Expected To Decline As Well As Disconnections And Accounts Being Sent To `Collections'. After -Hours Reconnection Fee — Revenues Would Increase In Order To Recover Additional And Incremental Costs Related To After - Hours' Reconnection Services. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 16 OF 23 Furthermore, If Approved, The Following Will Be Updated To Reflect The Revisions In The Utility Billing /Collection Process: • Invoice • Website • Delinquent Cards • Welcome Packet • Form Letters • Letters Sent To All `Cash Only' Customers RECOMMENDATION: It Is Recommended That The City Commission Authorize The City Attorney To Move Forward With The Following Revisions To The Utility Billing And Collection Process Or Whatever Revisions It Deems Best: • Waive Application Fee For Those Customers Who, At Time Of Application, Activate And Maintain Preferred Payment Method For A Minimum Of 12 Months • Authorize Staff To Waive One Late Fee Within A 24 -Month Period, When Unusual Hardship Exists Or If The Customer Opts To Activate Preferred Payment Method • Release All Customers From The Ongoing `Cash Only' Requirement And Only Under Circumstances Deemed Appropriate By The City Manager, Or His Designee, Would A Customer Be Placed Under An Ongoing `Cash Only' Requirement • Revise Bank Draft Policy Such That Bank Draft Privileges Are Not Revoked For Reasons Of Returned Payment Unless Deemed Appropriate By The City Manager, Or His Designee • Authorize The City Manager, Or His Designee, To Enter Into Special Payment Arrangements With Utility Customers (Payment Extensions And Payment Installments) • Authorize A $25.00 After - Hours' Reconnection Fee When After - Hours' Service Has Been Initiated By The Customer To Restore Services Which Have Been Disconnected For Non - Payment • Authorize The City Manager And City Attorney To Bring Back Ordinance /Resolution And Any And All Necessary Documents To Reflect The Preceding Revisions Or Those Revisions Deemed Appropriate By The Commission Mr. Shawn Boyle, Director, Finance and Administrative Services Department began the discussion on this Agenda Item. Continuing, Mr. Boyle introduced his Utility Billing Customer Service team: Ms. Brooke McDonald, Customer Service Representative; Ms. Donna Borelli, City Controller; Ms. Eileen Garner, Utility Billing Services Manager; Ms. Kelly Balagia, Budget Analyst; Ms. Nicole Scott, Utility Billing Specialist; Ms. Del Ascano, Customer Service Representative; and Ms. Iris Freeman, Revenue Officer. Ms. Kelly Balagia, Budget Analyst, Finance and Administrative Services Department reviewed with the City Commission six (6) new initiatives for consideration by the City Commission and asked for their "Consensus and authorization for the City Manager and the City Attorney to bring back any and all documents to reflect your Consensus." Automatic bank drafts were first addressed. Discussion followed on electronic fund transfers, incentives, and the number of current customers. Commissioner Brown asked if a potential customer could sign up from the Internet or did they still have to actually come into the building. Mr. Boyle explained this was "Phase one of a lot of manual fixes that we're trying to put in place. We will be coming back to you - with a recommendation, not too far from today, probably in about thirty (30) to sixty (60) days with some automation processes that will also require some software; will also require some other capital. We will be back." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 17 OF 23 Commissioner Cade Resnick asked "Have we communicated with any banks in terms of also - electronic billing back to me would also eliminate the paper option and all the administrative costs." Ms. Balagia acknowledged >' Commissioner Resnick's suggestion and stated, "Yes, that's one of those longer term initiatives that we have out there on the horizon." With no objections, Mayor Lacey summarized that thus far, "I think you have got Consensus." Discussion followed on `Late Fee Waiver'. Ms. Balagia then addressed the `Cash Only' requirement and the `Revocation of bank draft privileges' and stated, "We would like to remove the distinctions between these two (2) consequences basically, and let the NSF (Non - Sufficient Funds) Fee alone be the only consequence." Mayor Lacey asked the City Commission if they were in agreement? Commissioner Resnick and Commissioner Bonner stated, "Okay." Commissioner Krebs asked if there should be a Policy on this. Furthermore, Commissioner Krebs suggested, "Maybe we should put chronic abusers deemed appropriate by the City Manager." Mr. Boyle said, "When we come back with formal documentation, we will have much more detail in here, than we currently do." Additionally, Commissioner Krebs commented that she was not in disagreement but, "In order for directional purposes, and Policy purposes, if you are talking about chronic offenders, then let's put it in there." Mr. Boyle noted, "We'll drop it in." Mayor Lacey then said, "Do we have Consensus on the Commission for the chronic offender language as proposed by Commissioner Krebs ?" Deputy Mayor Hovey, Commissioner Resnick, and Commissioner Bonner nodded in agreement. Commissioner Brown stated, "Yes." Ms. Balagia next addressed "Special Payment Arrangements ". Commissioner Bonner asked if the proposal addressed both residential and commercial customers. Ms. Balagia replied, "Yes." As for Consensus, Deputy Mayor Hovey, Commissioner Brown, Commissioner Resnick, and Commissioner Krebs nodded in agreement. Commissioner Bonner commented, "I like it." The last point, the After -Hours Reconnection Fee' was addressed by Ms. Balagia. As for Consensus from the City Commission, Commissioner Brown and Commissioner Bonner nodded in agreement. Commissioner Krebs said, "It was fair." Regarding moving forward, Manager Smith stated, "We'll just come back and bring the appropriate Ordinance /Resolution, whatever is required, to you all for final Approval." Mayor Lacey remarked, "I would like to see a Motion to ratify the items that we just discussed." "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MAY 9, 2011 PAGE 18 OF 23 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 601. Office Of The City Attorney And Office Of The City Manager REQUEST: Request That The City Commission Consider Adopting Resolution No. (Number) 2011 -20 Initiating The Interlocal Service Boundary Agreement Act Process With Seminole County Regarding The Annexation Of Existing Enclaves Within The City. FISCAL IMPACT: Over Time, The Annexation Of The Enclaves Will Add Additional Properties To The City's Tax Roles And Thereby Increase The City's Tax Base. The Increase Will Be Determined At Such Time The Properties Are Annexed And On The Millage Rate At That Time. The Increase May Also Depend On The Kind Of Future Development Of Vacant Enclaves. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, Staff, And All eAlert /eCtizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Attorney And City Manager Recommend That The City Commission Adopt Resolution No. (Number) 2011 -20 Initiating The ISBA (Interlocal Service Boundary Agreement ) Process With Seminole County Regarding The Annexation Of Existing Enclaves Within The City. Further, That The City Clerk Shall Send Resolution No. (Number) 2011 -20 To The Seminole County Manager By United States Certified Mail Pursuant To Section 171.203(1)(b), Florida Statutes. Attorney Garganese spoke on this Agenda Item and stated, "This Resolution if Adopted by the Commission would be sent Certified Mail to the County Manager, at which point, the County will have sixty (60) days to Adopt a responding Resolution; at which point we are then free to negotiate the Interlocal Agreement and that would be brought back to you and the County Commission at a later date." Tape 1 /Side B "MOTION TO APPROVE RESOLUTION 2011 -20." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 19 OF 23 FISCAL IMPACT: There Is No Fiscal Impact At This Time. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, Staff, And All eAlert /eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Attorney And The IS (Information Services) Department Request That The City Commission Review The Presented Materials Regarding Municipal Social Media Policies And Provide Further Direction. Attorney Garganese introduced this Agenda Item for discussion. Discussion then ensued with Ms. Joanne Dalka, Director, Information Services Department. Further comments followed on website management and public records. Related to Records Management and dispositions of records at the appropriate time, Commissioner Krebs asked Ms. Dalka, "Who keeps track of that so that you know when you can discard them ?" Ms. Dalka responded, "We would take a look at that with the City Clerk." Ms. Dalka added, "We will manage the public record, either myself or the Clerk's Office." Discussion ensued on management; how other cities monitor their site; and operations. Commissioner Bonner asked about the public purpose and remarked, "What I do not see in the presentation at this time is a lot of reference to best practices or other comparable size cities and solutions, and things of that nature." Continuing, Commissioner Bonner suggested that our Information Services Department keep an eye on industry news and what is trending and "Clearly, when we can afford our citizens a well managed forum because quite frankly, it's another public forum — and we can do that professionally and with the proper service for what is effectively a twenty -four (24) hour forum; and we can understand what other municipal organizations have brought forward as methods to do so efficiently and effectively on behalf of the public good, then it might make sense for us to move ahead, but until some of those other things have kind of been worked out, I don't see this as their being a need for us to lead in this particular area at this time." Mayor Lacey then asked, "Is that the Consensus of the Commission; the position that Commissioner Bonner outlined ?" Commissioner Krebs nodded in agreement. Mayor Lacey then noted, "Since the Consensus is basically stand down and monitor, I would say it is sufficient for us to say that if there is no objection, we will let that stand as the Consensus of the Commission." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 20 OF 23 REGULAR 603. Office Of The City Attorney REQUEST: Requests That The City Commission Consider The Attached Legal Opinion Regarding Whether The City Is Permitted, Under The City Light Pole (Traffic Mast -Arm) Banner Program Adopted By The City Commission Under Resolution (Number) 2009 -29 ( "Resolution "), To Install Temporary Banners During The December Holiday Season That State "Merry Christmas" And "Happy Chanukah." FISCAL IMPACT: There Is No Fiscal Impact At This Time. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, Staff, And All eAlert /eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Attorney Recommends That The City Commission Consider The Attached Legal Opinion And Provide Staff Such Direction That The City Commission May Deem Necessary. Attorney Garganese began the discussion on this Agenda Item which included applicable legal references. Commissioner Brown commented on traditions and suggested that we not give in to the minority. Continuing, Attorney Garganese spoke of displays and stated, "It is going to boil down to the reasonable observer and the Courts will look at how a reasonable observer would interpret the particular display at issue." Furthermore, Commissioner Krebs noted that she was in agreement with what Commissioner Brown had said earlier. Commissioner Bonner also agreed with comments thus far and remarked, "I am just thinking through our inventory of display sites. Typically, they are street light intersections and they afford multiple Banner deployments; usually if I recall, two (2) per pole, particularly at an intersection; so that may be up to eight (8) Banners at a particular intersection. To `The Three Reindeer (Rule)' test, it seems to me with eight (8) Banners, you could have eight (8) different representations taking place and that may satisfy "`The Three Reindeer (Rule)' clause." Discussion ensued on personal beliefs, diversity, and community values. Commissioner Brown said, "I would be perfectly okay with letting the City Manager come back with a recommendation to us, after they have had a chance to look into it a little bit further." Commissioner Krebs suggested that symbols perhaps be used in lieu of written words or messages. Commissioner Bonner asked about previous input from the Beautification of Winter Springs Board related to Banners; and suggested the Beautification of Winter Springs Board be further involved. Commissioner Krebs then commented on the City Commission setting Policy as to what the City Commission prefers be done. Manager Smith remarked about costs and inventory. Discussion followed on Sponsors and Banners. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MAY 9, 2011 PAGE 21 OF 23 Mayor Lacey noted, "The reason we are where we are now, having this discussion, is that — I was contemplating >' taking all the Banners we have got, getting some new number of them that would constitute a minority percentage that would explicitly say `Merry Christmas', `Happy Chanukah', and mix those in with the current Banners to have a mix of messages that did include some portion of explicit `Merry Christmas', `Happy Chanukah'." MAYOR LACEY SUMMARIZED THE MOTION AS, "THAT WE ASK STAFF TO COME BACK TO US WITH A PROPOSAL TO MIX A PERCENTAGE OF `MERRY CHRISTMAS', `HAPPY CHANUKAH' BANNERS INTO THE EXISTING BANNER PROGRAM." COMMISSIONER KREBS REMARKED, "SPEND MORE MONEY?" MAYOR LACEY STATED, "YES." Tape 2 /Side A Commissioner Bonner stated, "Point of Clarification - does that Staff Review include legal opinion so we can get to a percentage that our learned Counsel is going to be able to provide us a good guideline. " With further comments, Commissioner Bonner then asked, "What is going to be the Staff Review? What is the exercise or just let Staff do their thing and we will see it later? " COMMISSIONER BROWN REMARKED, "THAT ACTUALLY WAS MY INTENT COMMISSIONER BONNER — IS TO LET STAFF DO THEIR THING AND LET COUNSEL PREPARE TO DEFEND US IF NECESSARY." MAYOR LACEY POINTED OUT, "THE PERCENT IS UNDEFINED BY US. WE WILL LOOK FOR A RECOMMENDATION FROM STAFF THAT WILL TAKE INTO ACCOUNT CONVERSATIONS WITH THE ATTORNEY, FINANCES, OTHER FACTORS AND WE WILL LOOK AT THAT RECOMMENDATION WHEN IT COMES TO US." COMMISSIONER KREBS ASKED, "WOULD THAT INCLUDE NOT DOING ANYTHING ?" MAYOR LACEY STATED, "THE RECOMMENDATION WOULD COME TO US AND THEN IF WE WANTED TO NOT DO ANYTHING, THAT WOULD BE OUR CHOICE." FURTHER COMMENTS FOLLOWED ON HOLIDAY EVENTS. MAYOR LACEY THEN CLARIFIED, "THE MOTION IS RELATED TO BANNERS ONLY." LASTLY, MAYOR LACEY REITERATED THAT THE MOTION WAS "TO ASK THE STAFF TO COME BACK WITH A SPECIFIC RECOMMENDATION ON PURCHASING AND GIVING US THE PRICE THERETO, OF BANNERS THAT ADDRESS `MERRY CHRISTMAS' AND `HAPPY CHANUKAH' AND PUTTING THEM IN SOME MIX, INTO THE CURRENT BANNER PROGRAM, FOR THE COMING HOLIDAY SEASON." VOTE: COMMISSIONER KREBS: NAY COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 22 OF 23 REGULAR 604. Office Of The City Attorney REQUEST: Request The City Commission Consider A Property Owner's (Elaine And Michael Jones) Request To Approve The Attached Release And Relinquishment Of Reservation And Rights Regarding Covenants And Conditions Set Forth In A Quit Claim Deed Recorded At Book 2071, Page 0937 Of The Public Records Of Seminole County, Florida. FISCAL IMPACT: None. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, Staff, And All eAlert /eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Attorney Recommends That The City Commission Approve The Attached Release And Relinquishment Of Reservation And Rights And Authorize The Mayor To Execute The Same. Deputy Mayor Hovey stated that she had a conflict and would recuse herself. Brief comments. "MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: ABSTAINED COMMISSIONER KREBS: AYE MOTION CARRIED. In other City business, Mayor Lacey noted that he had received a Public Input form that had been submitted after `PUBLIC INPUT' had closed, and added, "I don't have the authority to recognize that person unless the Commission asks to waive the rules." "MOTION TO WAIVE THE RULES." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR LACEY EXPLAINED THE MOTION WAS "TO WAIVE THE RULES AND TO ALLOW FOR A SECOND PORTION OF PUBLIC INPUT TO PROCEED NOW." MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MAY 9, 2011 PAGE 23 OF 23 ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:58 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO- LUACES, MMC CITY CLERK APPROVED: MAYOR CHARLES LACEY NOTE: These Minutes were approved at the 1 2011 City Commission Regular Meeting. CITY OF WINTER SPRINGS, FLORIDA \NTEr S, 14 u � ' Incorporate 1959 R%OP CITY COMMISSION MINUTES REGULAR MEETING MONDAY, MAY 9, 2011 - 5:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Jean Hovey - Seat One Commissioner Rick Brown - Seat Two Commissioner Gary Bonner - Seat Three Commissioner Cade Resnick - Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 2 OF 23 CALL TO ORDER The Regular Meeting of Monday, May 9, 2011 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). Mayor Lacey recognized and welcomed former Village of North Orlando Mayor Cliff Jordan. Roll Call: Mayor Charles Lacey, present Deputy Mayor Jean Hovey present Commissioner Rick Brown, 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 A moment of silence was held. The Pledge of Allegiance was then led by Pack 206. Mayor Lacey mentioned that the grandfather of one of the member's of Cub Scout Pack 206 was the former Mayor of the Village of North Orlando (Winter Springs) Cliff Jordan. Regarding any Agenda Changes, Mayor Lacey stated, "We do have an additional item, `208' on the Consent Agenda." INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department REQUEST: Advising The City Commission Of The Status Of Various Current Planning Projects. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert/eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 3 OF 23 INFORMATIONAL 101. Land Design Innovations, Inc. - City Consultant REQUEST: Presenting The Summary Report For Economic Development Activities From March 29, 2010 Through April 30, 2011. The Information In This Agenda Item Will Be Verbally Presented Under Item 300 At The May 9, 2011 City Commission Meeting. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert/eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. Ciry Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. No discussion. INFORMATIONAL 102. Community Development Department - Building Division REQUEST: Providing Information To The City Commission On The Current Status Of The Permit Inspection Efforts. FISCAL IMPACT: This Agenda Item Has No Specific Fiscal Impact To The City; However, Increased Efforts On The Part Of Current Staff Allow The Building Division To Provide A High Level Of Service With A Minimum Number Of Personnel. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert/eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. Ciry Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. All Permit Applicants Are Given Information Pertaining To The Scheduling Of Inspections At The Time The Permit Is Issued. A Business Card Is Issued With Information About Scheduling Inspections. The Telephone Inspection Line Also Has Verbal Information About Scheduling Inspections And What To Do If The Applicant Needs A Specific Time Or Has An Emergency Situation. Information About Electronic Inspection Requests Is Also On The City's Website. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 4 OF 23 RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. This Agenda Item was not discussed. INFORMATIONAL 103. Utility Department REQUEST: Reporting To The Commission The Completion Of The 1 Year Of The Bulk Reclaimed Water Agreement With Tuscawilla Country Club. FISCAL IMPACT: The Bulk Reclaimed Water Agreement With Tuscawilla Country Club Provided New Revenues Of $19,247.98 In The First Year. The Estimated First Year Revenues Were $14,900.00, However, Reclaimed Usage Was Up Slightly And The Well Usage Credit Was Significantly Down From The Original Estimates. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert/eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff Recommends The City Commission Accept This Information. No discussion. INFORMATIONAL 104. Office Of The City Manager And Office Of The City Clerk REQUEST: Request That The Mayor And City Commission Receive Information Related To The City's New Paperless Agenda Process Which Will Save The City Thousands Of Dollars Annually, Due To The Innovative New Process That City Staff And The Information Services Department Has Now Implemented. FISCAL IMPACT: With The City's New Innovative Process Of Offering Paperless Electronic Agenda Packets To The City Commission, This New Process Could Potentially Save The City From Thirty -Eight Hundred Dollars ($3,800.00) And Upwards Of Forty-Eight Thousand Dollars+ ($48,000.00) Per Year. If You Then Add On The Time Related Cost Savings To Include Delivering And Picking Up Agenda Items To/From The City Manager, Copying Agenda Items (Time/Paper /Copier Maintenance Costs), Gasoline For Trips From Departments Not Located At City Hall And Couriering Those Agenda Items Back And Forth From City Hall, Etc., The Savings Increase Even More So. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 5 OF 23 COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Attorney /Staff, And All eAlert/eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Manager And The City Clerk Request That The City Commission Receive And Accept The Information In This Agenda Item. There was no discussion on this Agenda Item. "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER BROWN SECONDED BY COMMISSIONER KREBS. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CONSENT AGENDA CONSENT 200. Office Of The City Manager And Finance And Administrative Services Department REQUEST: The City Manager And Finance And Administrative Services Department Are Requesting The Commission Adopt Bond Resolution (Number) 2011 -19 To Accept The Proposal By BB &T Bank To Purchase The City's, Not To Exceed $880,617.00, Water And Sewer System Revenue Refunding Revenue Notes, Series 2011B To Refund All Of The City's Outstanding Water And Sewer Revenue Bonds, Series 2000; And Authorize The City Manager And City Attorney To Execute All Necessary Documents To Complete A Loan Agreement With BB &T Bank. FISCAL IMPACT: Upon Acceptance Of The Refinancing Of The Water And Sewer Revenue Bonds, Series 2000 By BB &T Bank The City Will Realize A Net Present Value Savings Of $134,357.00 (10.29 %) Over The Remaining 10 (Ten) Years Until Final Maturity Of The BB &T Note On 10/1/2020 (October 1, 2020). This Equates To A Savings For The Water And Sewer Fund Of $16,000.00 (Nominal) Annually. This Coupled With The Future Recommendation To Finance The Lake Jessup Reclaimed Water Project With SRLF (State Revolving Loan Fund) Monies, Will Yield Significant Savings For The City's Utility Operations. COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City Commission; 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 6 OF 23 RECOMMENDATION: The City Manager And Finance Department Recommend That The City Commission Accept The BB &T To Issue A Bank Note To Refund The Water And Sewer Revenue Bonds, Series 2000 Not To Exceed $880,617.00, Adopt Resolution (Number) 2011 -19, And To Authorize The City Manager And City Attorney To Complete All Applicable Paperwork Necessary To Complete This Refinancing. No discussion. CONSENT 201. Office Of The City Clerk REQUEST: Requests That The Mayor And City Commission Review And Approve Resolution Number 2011 -16 Offering Their Appreciation And Gratitude For The Service Of Mr. George Colombo As A Previous Member Of The Bicycle And Pedestrian Advisory Committee. FISCAL IMPACT: There Is No Fiscal Impact If Resolution Number 2011 -16 Is Approved. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert/eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. Upon Approval Of This Resolution, The City Clerk Will Contact Mr. Colombo On Behalf Of The Mayor And City Commission, In Keeping With What The City Commission Has Requested. RECOMMENDATION: The City Clerk Is Requesting That The City Commission Review And Approve Resolution Number 2011 -16. Upon Approval Of This Resolution, The City Clerk Will Then Contact Mr. Colombo Regarding Scheduling An Official Presentation By The Mayor And City Commission At An Upcoming City Commission Regular Meeting. This Agenda Item was not discussed. CONSENT 202. Utility Department REQUEST: Requesting Approval Of Resolution 2011 -18 Relating To The State Revolving Loan Fund Application For The Construction Of The Lake Jesup Reclaimed Water Augmentation Project. FISCAL IMPACT: There Is No Fiscal Impact From Approving This Resolution Because The City Commission Will Have The Opportunity To Consider Whether To Proceed With The SRF (State Revolving Fund) Financing Option When The Rates, Terms And Conditions Are Known. Staff Supports Keeping This Option Open As The SRF (State Revolving Fund) Low Interest Loan Could Provide Significant Savings To The Residents. As A Comparison, The Estimated SRF (State Revolving Fund) Loan Interest Rate Today Would Be About 2.96% Whereas A Bank Note Would Be In The Range Of 4.2 %. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 7 OF 23 COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert/eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff Recommends That The Commission Approve Resolution 2011 -18 Authorizing Staff To Proceed With The State Revolving Loan Fund Application And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents Necessary To Complete The Application. No discussion. CONSENT 203. Information Services Department REQUEST: Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. FISCAL IMPACT: There Is No Cost To Dispose Of These Surplus Assets. The City Receives Revenue Generated From Items Sold At Auction. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded to the Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert/eCitizen Recipients; And Is Available on the City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. 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 204. Police Department REQUEST: Requests To Use Fleet Financial Auto Sales And Leasing Via Quote/Bid Process For The Purchase Of One (1), Three (3) Year Old Vehicle Purchased In The Amount Of $10,000.00 From Local Special Law Enforcement Funds. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 8 OF 23 FISCAL IMPACT: Funding Is Requested From Police Special Law Enforcement -Local (Line Code 103- 64000) In The Amount Of $10,000.00. The Current The Balance In This Fund Is $21,374.78. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATIONS: Approve The Use Of Fleet Financial Auto Sales And Leasing Of Longwood, Florida Using Quote/Bid Process For The Purchase Of One (1), Three (3) Year Old Vehicle From Special Law Enforcement Funds Local For A Total Expenditure Of $10,000.00. Commissioner Gary Bonner said to Chief of Police Kevin Brunelle, "I just wanted to commend you on your decision to go in this direction. I really compliment the fact that you are able to stretch your Budget this way, still accommodate the needs of our community and have chosen to recycle some fine vehicles into Law Enforcement service; so, I really wanted to say thank you to you and your team for your innovative approach under these economic conditions." Continuing, Commissioner Rick Brown and Mayor Lacey added, "Thank you." CONSENT 205. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The April 25, 2011 City Commission Workshop Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/ Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The April 25, 2011 City Commission Workshop Minutes. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 9 OF 23 CONSENT 206. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The April 25, 2011 City Commission Regular Meeting Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/ Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The April 25, 2011 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. CONSENT 207. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The May 2, 2011 City Commission With The Board Of Trustees Special Meeting Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/ Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The May 2, 2011 City Commission With The Board Of Trustees Special Meeting Minutes. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 10 OF 23 ❖ ❖ AGENDA NOTE: THE FOLLOWING ADD -ON CONSENT AGENDA ITEM WAS DISCUSSED NEXT, AND INCLUDED WITH THE CONSENT AGENDA VOTE, AS DOCUMENTED. ❖ ❖ Mayor Lacey remarked, "We have published items `200' through `207' on Consent, and as a result of the Attorney - Client Session we just had, I would like to have added to the Consent Agenda, item `208'." CONSENT AGENDA CONSENT 208. Office Of The City Attorney ADD -ON Approval Of A Mediation Settlement Agreement Between Esterson Construction Company And The City Of Winter Springs In Case Number 07- CA- 756 -15 -G, In The Amount Of One Hundred And Fifty -Two Thousand, Five Hundred Dollars ($152,500.00). There was no further discussion related to this Agenda Item. "MOTION TO APPROVE INCLUDING `208'." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR LACEY STATED, "MOTION TO APPROVE THE ENTIRE CONSENT AGENDA `200' THROUGH `208'." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Land Design Innovations, Inc. — City Consultant REQUEST: Asking The City Commission To Receive A Presentation From Land Design Innovations, Inc. Updating The City Commission On Economic Development Efforts. (Follow Up Presentation From Informational Agenda Item "101 ".) Mr. John M Jones, AICP, Senior Planner, Land Design Innovations, Inc., 1770 Fennel Street, Suite 200, Maitland, Florida: addressed the City Commission on some activities they had participated in, as well as upcoming Economic Development events. The new Business Advocacy Group was also briefly discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 11 OF 23 REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager — Kevin L. Smith No Report. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC City Clerk Andrea Lorenzo - Luaces mentioned the upcoming Board and Committee Appreciation Dinner and asked if she could email information related to this event to the Mayor and City Commission. There were no objections. REPORTS 403. Office Of The Mayor — The Honorable Charles Lacey No Report. REPORTS 404. Office Of Commissioner Seat One/Deputy Mayor — The Honorable Jean Hovey Deputy Mayor Jean Hovey asked about the status of the Winter Springs Historical Society and noted she had found a coaster from the Longwood- Winter Springs Area Chamber of Commerce and thought it was of a historical nature and should be kept. With further comments, Commissioner Hovey, Commissioner Joanne M. Krebs, and Mayor Lacey thought this coaster could perhaps be displayed in the lobby. REPORTS 405. Office Of Commissioner Seat Two — The Honorable Rick Brown No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 12 OF 23 REPORTS 406. Office Of Commissioner Seat Three — The Honorable Gary Bonner No Report. REPORTS 407. Office Of Commissioner Seat Four — The Honorable Cade Resnick No Report. REPORTS 408. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs spoke briefly on the TABOR (Taxpayer Bill of Rights) Bill. PUBLIC INPUT No one addressed the City Commission at this time. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department REQUEST: Requests That City Commission Review And Adopt On Second Reading, Ordinance No. (Number) 2011 -02, Which Will Repeal And Replace Most Of The Existing Planned Unit Development (PUD) Language In The City Code Of Ordinances. FISCAL IMPACT: The Cost Of Administering One PUD (Planned Unit Development) Regulation That Is Understandable And Defensible Should Be Less Than It Is At Present, Due To Less Staff Time, City Attorney Time, And Commission Time Expended. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert/eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. This Proposed Ordinance Was Advertised In The Orlando Sentinel, On April 14 And May 1, 2011, In Addition To The Postings By The City Clerk's Office. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 13 OF 23 RECOMMENDATION: The Planning And Zoning Board And Staff Recommend That The City Commission Approve Second Reading And Adoption Of Ordinance No. (Number) 2011 -02. City Attorney Anthony A. Garganese read the Ordinance by "Title" only and added, "I just want to point out two (2) minor Amendments that occurred after the last City Commission meeting. If you recall, the previous draft had a list of definitions. Those definitions were taken out of this Ordinance and they will be coming back to you in a separate Ordinance. Those definitions will apply to the Zoning Code in general, not just this PUD (Planned Unit Development) Ordinance. Also, I added one (1) sentence that I think needs to be in here to clarify that nothing in this Ordinance when it comes to the permissible Uses — nothing in this Ordinance will be construed that aggregates specific Use restrictions that are set forth elsewhere in the Code." Continuing, Attorney Garganese added, "This PUD (Planned Unit Development) Ordinance as the Uses are set up by Development Agreement, that doesn't mean that you can have a Use that's otherwise prohibited elsewhere, in another Code." Mayor Lacey said to Attorney Garganese, "The changes you reference are already incorporated in the Ordinance we have in front of us ?" Attorney Garganese responded, "Yes. They are incorporated into the draft that you have before you." Mr. Bobby Howell, AICP, Planner, Community Development Department briefly addressed the City Commission on this Agenda Item. 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 ON SECOND READING." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department — Planning Division REQUEST: Requests That The City Commission Hold A Public Hearing For Second Reading And Consideration Of Ordinance (Number) 2011 -01, Amending The Comprehensive Plan To Incorporate The Annual Update To The Capital Improvement Element (CIE) Required By Rule 9J -5.016 FAC (Florida Administrative Code) And Chapter 163, Part II, F.S. (Florida Statutes). FISCAL IMPACT: No Measurable Fiscal Impact Resulting From The Proposed Change. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 14 OF 23 COMMUNICATION EFFORTS: Apr. (April) 28, 2011 Public Noticing in Orlando Sentinel of Commission Public Hearing for 2° Reading. Apr. (April) 25, 2011 City Commission Public Hearing for 1 Reading of Ordinance 2011 -01. Apr. (April) 6, 2011 Local Planning Agency Public Hearing. Mar. (March) 24, 2011 Public Noticing in Orlando Sentinel of Local Planning Agency Public Hearing This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert/eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. Anticipated Implementation Schedule: May 9, 2011 - 2° Reading /Adoption Public Hearing For Ordinance 2011 -01 May 16, 2011- Transmittal To Florida Dept. (Department) Of Community Affairs. RECOMMENDATION: LOCAL PLANNING AGENCY RECOMMENDATION: The Board Made A Unanimous Recommendation That The Comprehensive Plan Be Amended With Ordinance 2011 -01 To Incorporate The Annual Update Of The Capital Improvement Element Required By Rule 9J -5.016 FAC (Florida Administrative Code) And Chapter 163, Part H Florida Statutes. STAFF RECOMMENDATION: Staff Recommends That The City Commission Hold A Public Hearing And Adopt Ordinance 2011 -01, Which Amends The Comprehensive Plan To Incorporate The Annual Update To The Capital Improvement Element (CIE) Required By Rule 9J -5.016 FAC (Florida Administrative Code) And Chapter 163, Part H, F.S. (Florida Statutes). Attorney Garganese read Ordinance 2011 -01 by "Title" only. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department introduced this Agenda Item. 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 2011 -01)." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 15 OF 23 VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Finance And Administrative Services Department REQUEST: Requests That The Commission Review The Proposed Revisions To The Utility Billing And Collection Process And Provide Direction As Deemed Appropriate. FISCAL IMPACT: No Funding Is Necessary To Implement The Revisions. Application Fee Waiver — This Revision Would Decrease One -Time Application Fee Revenues (Presently $20.00 /Acct.; Approximately $1,500.00/FY[Fiscal Year]) But Would Also Increase The Likelihood Of Timely Payment While Decreasing Staff Time On An Ongoing Basis. Late Fee Waivers - Although Staff Believes Penalty Revenues Would Be Somewhat Reduced (Estimated As Much As $8,000.00/FY[Fiscal Year]), Staff Efficiency Would Increase As Would Goodwill With Those Customers Who Perceive The System To Be Unfair And Inflexible. `Cash Only' Status / Revocation of Bank Draft Privilege — This Revision Is Primarily A Convenience Issue For The Customer. While It Is Possible That Some Customers May Fall Back Into NSF (Non- Sufficient Fund) Status, The Prevailing Fees Would Serve As The Appropriate Consequence/Disincentive. Special Payment Arrangements — The Purpose Of This Revision Is To Work With The Customer Toward Payment Of Their Ongoing User Fees While Chipping Away At Their Outstanding Balance. Wide Utilization Of Payment Installments Will Not Exist, But To The Extent Utilized, Delinquent Account Balances Are Expected To Decline As Well As Disconnections And Accounts Being Sent To `Collections'. After -Hours Reconnection Fee — Revenues Would Increase In Order To Recover Additional And Incremental Costs Related To After - Hours' Reconnection Services. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert/eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 16 OF 23 Furthermore, If Approved, The Following Will Be Updated To Reflect The Revisions In The Utility Billing/Collection Process: • Invoice • Website • Delinquent Cards • Welcome Packet • Form Letters • Letters Sent To All `Cash Only' Customers RECOMMENDATION: It Is Recommended That The City Commission Authorize The City Attorney To Move Forward With The Following Revisions To The Utility Billing And Collection Process Or Whatever Revisions It Deems Best: • Waive Application Fee For Those Customers Who, At Time Of Application, Activate And Maintain Preferred Payment Method For A Minimum Of 12 Months • Authorize Staff To Waive One Late Fee Within A 24 -Month Period, When Unusual Hardship Exists Or If The Customer Opts To Activate Preferred Payment Method • Release All Customers From The Ongoing `Cash Only' Requirement And Only Under Circumstances Deemed Appropriate By The City Manager, Or His Designee, Would A Customer Be Placed Under An Ongoing `Cash Only' Requirement • Revise Bank Draft Policy Such That Bank Draft Privileges Are Not Revoked For Reasons Of Returned Payment Unless Deemed Appropriate By The City Manager, Or His Designee • Authorize The City Manager, Or His Designee, To Enter Into Special Payment Arrangements With Utility Customers (Payment Extensions And Payment Installments) • Authorize A $25.00 After - Hours' Reconnection Fee When After - Hours' Service Has Been Initiated By The Customer To Restore Services Which Have Been Disconnected For Non - Payment • Authorize The City Manager And City Attorney To Bring Back Ordinance/Resolution And Any And All Necessary Documents To Reflect The Preceding Revisions Or Those Revisions Deemed Appropriate By The Commission Mr. Shawn Boyle, Director, Finance and Administrative Services Department began the discussion on this Agenda Item. Continuing, Mr. Boyle introduced his Utility Billing Customer Service team: Ms. Brooke McDonald, Customer Service Representative; Ms. Donna Borelli, City Controller; Ms. Eileen Garner, Utility Billing Services Manager; Ms. Kelly Balagia, Budget Analyst; Ms. Nicole Scott, Utility Billing Specialist; Ms. Del Ascano, Customer Service Representative; and Ms. Iris Freeman, Revenue Officer. Ms. Kelly Balagia, Budget Analyst, Finance and Administrative Services Department reviewed with the City Commission six (6) new initiatives for consideration by the City Commission and asked for their "Consensus and authorization for the City Manager and the City Attorney to bring back any and all documents to reflect your Consensus." Automatic bank drafts were first addressed. Discussion followed on electronic fund transfers, incentives, and the number of current customers. Commissioner Brown asked if a potential customer could sign up from the Internet or did they still have to actually come into the building. Mr. Boyle explained this was "Phase one of a lot of manual fixes that we're trying to put in place. We will be coming back to you - with a recommendation, not too far from today, probably in about thirty (30) to sixty (60) days with some automation processes that will also require some software; will also require some other capital. We will be back." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 17 OF 23 Commissioner Cade Resnick asked "Have we communicated with any banks in terms of also - electronic billing back to me would also eliminate the paper option and all the administrative costs." Ms. Balagia acknowledged Commissioner Resnick's suggestion and stated, "Yes, that's one of those longer term initiatives that we have out there on the horizon." With no objections, Mayor Lacey summarized that thus far, "I think you have got Consensus." Discussion followed on `Late Fee Waiver'. Mayor Lacey asked the City Commission, "Any dissent on item two (2) ?" Commissioner Brown stated, "No, not for me." Ms. Balagia then addressed the `Cash Only' requirement and the `Revocation of bank draft privileges' and stated, "We would like to remove the distinctions between these two (2) consequences basically, and let the NSF (Non - Sufficient Funds) Fee alone be the only consequence." Mayor Lacey asked the City Commission if they were in agreement? Commissioner Resnick and Commissioner Bonner stated, "Okay." Commissioner Krebs asked if there should be a Policy on this. Furthermore, Commissioner Krebs suggested, "Maybe we should put chronic abusers deemed appropriate by the City Manager." Mr. Boyle said, "When we come back with formal documentation, we will have much more detail in here, than we currently do." Additionally, Commissioner Krebs commented that she was not in disagreement but, "In order for directional purposes, and Policy purposes, if you are talking about chronic offenders, then let's put it in there." Mr. Boyle noted, "We'll drop it in." Mayor Lacey then said, "Do we have Consensus on the Commission for the chronic offender language as proposed by Commissioner Krebs ?" Deputy Mayor Hovey, Commissioner Resnick, and Commissioner Bonner nodded in agreement. Commissioner Brown stated, "Yes." Ms. Balagia next addressed "Special Payment Arrangements ". Commissioner Bonner asked if the proposal addressed both residential and commercial customers. Ms. Balagia replied, "Yes." As for Consensus, Deputy Mayor Hovey, Commissioner Brown, Commissioner Resnick, and Commissioner Krebs nodded in agreement. Commissioner Bonner commented, "I like it." The last point, the `After - Hours Reconnection Fee' was addressed by Ms. Balagia. As for Consensus from the City Commission, Commissioner Brown and Commissioner Bonner nodded in agreement. Commissioner Krebs said, "It was fair." Regarding moving forward, Manager Smith stated, "We'll just come back and bring the appropriate Ordinance/Resolution, whatever is required, to you all for final Approval." Mayor Lacey remarked, "I would like to see a Motion to ratify the items that we just discussed." "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MAY 9, 2011 PAGE 18 OF 23 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 601. Office Of The City Attorney And Office Of The City Manager REQUEST: Request That The City Commission Consider Adopting Resolution No. (Number) 2011 -20 Initiating The Interlocal Service Boundary Agreement Act Process With Seminole County Regarding The Annexation Of Existing Enclaves Within The City. FISCAL IMPACT: Over Time, The Annexation Of The Enclaves Will Add Additional Properties To The City's Tax Roles And Thereby Increase The City's Tax Base. The Increase Will Be Determined At Such Time The Properties Are Annexed And On The Millage Rate At That Time. The Increase May Also Depend On The Kind Of Future Development Of Vacant Enclaves. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, Staff, And All eAlertleCtizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Attorney And City Manager Recommend That The City Commission Adopt Resolution No. (Number) 2011 -20 Initiating The ISBA (Interlocal Service Boundary Agreement ) Process With Seminole County Regarding The Annexation Of Existing Enclaves Within The City. Further, That The City Clerk Shall Send Resolution No. (Number) 2011 -20 To The Seminole County Manager By United States Certified Mail Pursuant To Section 171.203(1)(b), Florida Statutes. Attorney Garganese spoke on this Agenda Item and stated, "This Resolution if Adopted by the Commission would be sent Certified Mail to the County Manager, at which point, the County will have sixty (60) days to Adopt a responding Resolution; at which point we are then free to negotiate the Interlocal Agreement and that would be brought back to you and the County Commission at a later date." Tape 1 /Side B "MOTION TO APPROVE RESOLUTION 2011 -20." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 19 OF 23 REGULAR 602. Office Of The City Attorney And Information Services Department REQUEST: Request That The City Commission Review The Presented Materials Regarding Municipal Social Media Policies And Provide Further Direction. FISCAL IMPACT: There Is No Fiscal Impact At This Time. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, Staff, And All eAlert/eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Attorney And The IS (Information Services) Department Request That The City Commission Review The Presented Materials Regarding Municipal Social Media Policies And Provide Further Direction. Attorney Garganese introduced this Agenda Item for discussion. Discussion then ensued with Ms. Joanne Dalka, Director, Information Services Department. Further comments followed on website management and public records. Related to Records Management and dispositions of records at the appropriate time, Commissioner Krebs asked Ms. Dalka, "Who keeps track of that so that you know when you can discard them ?" Ms. Dalka responded, "We would take a look at that with the City Clerk." Ms. Dalka added, "We will manage the public record, either myself or the Clerk's Office." Discussion ensued on management; how other cities monitor their site; and operations. Commissioner Bonner asked about the public purpose and remarked, "What I do not see in the presentation at this time is a lot of reference to best practices or other comparable size cities and solutions, and things of that nature." Continuing, Commissioner Bonner suggested that our Information Services Department keep an eye on industry news and what is trending and "Clearly, when we can afford our citizens a well managed forum because quite frankly, it's another public forum — and we can do that professionally and with the proper service for what is effectively a twenty -four (24) hour forum; and we can understand what other municipal organizations have brought forward as methods to do so efficiently and effectively on behalf of the public good, then it might make sense for us to move ahead, but until some of those other things have kind of been worked out, I don't see this as their being a need for us to lead in this particular area at this time." Mayor Lacey then asked, "Is that the Consensus of the Commission; the position that Commissioner Bonner outlined ?" Commissioner Krebs nodded in agreement. Mayor Lacey then noted, "Since the Consensus is basically stand down and monitor, I would say it is sufficient for us to say that if there is no objection, we will let that stand as the Consensus of the Commission." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 20 OF 23 REGULAR 603. Office Of The City Attorney REQUEST: Requests That The City Commission Consider The Attached Legal Opinion Regarding Whether The City Is Permitted, Under The City Light Pole (Traffic Mast -Arm) Banner Program Adopted By The City Commission Under Resolution (Number) 2009 -29 ( "Resolution "), To Install Temporary Banners During The December Holiday Season That State "Merry Christmas" And "Happy Chanukah." FISCAL IMPACT: There Is No Fiscal Impact At This Time. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, Staff, And All eAlert/eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Attorney Recommends That The City Commission Consider The Attached Legal Opinion And Provide Staff Such Direction That The City Commission May Deem Necessary. Attorney Garganese began the discussion on this Agenda Item which included applicable legal references. Commissioner Brown commented on traditions and suggested that we not give in to the minority. Continuing, Attorney Garganese spoke of displays and stated, "It is going to boil down to the reasonable observer and the Courts will look at how a reasonable observer would interpret the particular display at issue." Furthermore, Commissioner Krebs noted that she was in agreement with what Commissioner Brown had said earlier. Commissioner Bonner also agreed with comments thus far and remarked, "I am just thinking through our inventory of display sites. Typically, they are street light intersections and they afford multiple Banner deployments; usually if I recall, two (2) per pole, particularly at an intersection; so that may be up to eight (8) Banners at a particular intersection. To `The Three Reindeer (Rule)' test, it seems to me with eight (8) Banners, you could have eight (8) different representations taking place and that may satisfy "`The Three Reindeer (Rule)' clause." Discussion ensued on personal beliefs, diversity, and community values. Commissioner Brown said, "I would be perfectly okay with letting the City Manager come back with a recommendation to us, after they have had a chance to look into it a little bit further." Commissioner Krebs suggested that symbols perhaps be used in lieu of written words or messages. Commissioner Bonner asked about previous input from the Beautification of Winter Springs Board related to Banners; and suggested the Beautification of Winter Springs Board be further involved. Commissioner Krebs then commented on the City Commission setting Policy as to what the City Commission prefers be done. Manager Smith remarked about costs and inventory. Discussion followed on Sponsors and Banners. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MAY 9, 2011 PAGE 21 OF 23 Mayor Lacey noted, "The reason we are where we are now, having this discussion, is that — I was contemplating taking all the Banners we have got, getting some new number of them that would constitute a minority percentage that would explicitly say `Merry Christmas', `Happy Chanukah', and mix those in with the current Banners to have a mix of messages that did include some portion of explicit `Merry Christmas', `Happy Chanukah'." "I WILL MAKE THAT A MOTION." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. MAYOR LACEY SUMMARIZED THE MOTION AS, "THAT WE ASK STAFF TO COME BACK TO US WITH A PROPOSAL TO MIX A PERCENTAGE OF `MERRY CHRISTMAS', `HAPPY CHANUKAH' BANNERS INTO THE EXISTING BANNER PROGRAM." COMMISSIONER KREBS REMARKED, "SPEND MORE MONEY ?" MAYOR LACEY STATED, "YES." Tape 2 /Side A Commissioner Bonner stated, "Point of Clarification - does that Staff Review include legal opinion so we can get to a percentage that our. learned Counsel is going to be able to provide us a good guideline." With further comments, Commissioner Bonner then asked, "What is going to be the Staff Review? What is the exercise — or just let Staff do their thing and we will see it later?" COMMISSIONER BROWN REMARKED, "THAT ACTUALLY WAS MY INTENT COMMISSIONER BONNER — IS TO LET STAFF DO THEIR THING AND LET COUNSEL PREPARE TO DEFEND US IF NECESSARY." MAYOR LACEY POINTED OUT, "THE PERCENT IS UNDEFINED BY US. WE WILL LOOK FOR A RECOMMENDATION FROM STAFF THAT WILL TAKE INTO ACCOUNT CONVERSATIONS WITH THE ATTORNEY, FINANCES, OTHER FACTORS AND WE WILL LOOK AT THAT RECOMMENDATION WHEN IT COMES TO US." COMMISSIONER KREBS ASKED, "WOULD THAT INCLUDE NOT DOING ANYTHING ?" MAYOR LACEY STATED, "THE RECOMMENDATION WOULD COME TO US AND THEN IF WE WANTED TO NOT DO ANYTHING, THAT WOULD BE OUR CHOICE." FURTHER COMMENTS FOLLOWED ON HOLIDAY EVENTS. MAYOR LACEY THEN CLARIFIED, "THE MOTION IS RELATED TO BANNERS ONLY." LASTLY, MAYOR LACEY REITERATED THAT THE MOTION WAS "TO ASK THE STAFF TO COME BACK WITH A SPECIFIC RECOMMENDATION ON PURCHASING AND GIVING US THE PRICE THERETO, OF BANNERS THAT ADDRESS `MERRY CHRISTMAS' AND `HAPPY CHANUKAH' AND PUTTING THEM IN SOME MIX, INTO THE CURRENT BANNER PROGRAM, FOR THE COMING HOLIDAY SEASON." VOTE: COMMISSIONER KREBS: NAY COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2011 PAGE 22 OF 23 REGULAR 604. Office Of The City Attorney REQUEST: Request The City Commission Consider A Property Owner's (Elaine And Michael Jones) Request To Approve The Attached Release And Relinquishment Of Reservation And Rights Regarding Covenants And Conditions Set Forth In A Quit Claim Deed Recorded At Book 2071, Page 0937 Of The Public Records Of Seminole County, Florida. FISCAL IMPACT: None. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, Staff, And All eAlert/eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Attorney Recommends That The City Commission Approve The Attached Release And Relinquishment Of Reservation And Rights And Authorize The Mayor To Execute The Same. Deputy Mayor Hovey stated that she had a conflict and would recuse herself. Brief comments. "MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: ABSTAINED COMMISSIONER KREBS: AYE MOTION CARRIED. In other City business, Mayor Lacey noted that he had received a Public Input form that had been submitted after `PUBLIC INPUT' had closed, and added, "I don't have the authority to recognize that person unless the Commission asks to waive the rules." "MOTION TO WAIVE THE RULES." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR LACEY EXPLAINED THE MOTION WAS "TO WAIVE THE RULES AND TO ALLOW FOR A SECOND PORTION OF PUBLIC INPUT TO PROCEED NOW." MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MAY 9, 2011 PAGE 23 OF 23 •:•+ AGENDA NOTE: `PUBLIC INPUT" WAS AGAIN OFFERED AND HELD, AS DOCUMENTED. ❖ ❖ PUBLIC INPUT Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: commented on the City's Pension Plan, and mentioned he would not be able to attend the May 18 2011 Special Meeting of the City Commission and the Board of Trustees. Mr. Ligthart commented on the public being informed about such Special Meetings and remarked about what citizens know; and how changes to the City's Pension Plan could be helpful to individual Firefighters. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:58 p.m. RESPECTFULLY SUBMITTED: N s RENZO- LUACES, MMC Y CLERK APPROVED: .40, MA iR L. �E NOTE: These Minutes were approved at the May 23, 2011 City Commission Regular Meeting. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NA 4 FIRST NAME-MID,DLe'RAM ,1 - ' NA 5/ BO / L ' ` � I UNCI MM Sp N, AUT O COMM EE +��,� VL G p Q ' ✓ � ! Yl !/ l /`✓ 1 , . 7F rnia MAILI J THE BOARD, COUNCIL, C MISSION, A iORITY OR COMM EE ON / }�]/ / 1].O WHICH I SERVE IS A UNIT OF: CITY ^ I � � w/� --�[/ � ✓ ///llhN��T/Y ` """ ��, , �vITY El COUNTY OTHER LOCAL AGENCY ( //l //J ��1e :NZ EIVED DATE ON ED MAY 1 u 2011 WHO MUST FILE FORM 8B mewF , twNrER spF (f ICE OF THE CITY.. This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, 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) RECEIVED APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. MAY 1 8 2011 • The form must be read publicly at the next meeting after the form is filed. ciry OF WINTER SPRINGS OFFICE OF THE CITY CLERK 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. J -ea l / ` DISCLOSURE OF LOCAL OFFICER'S INTEREST Y V T hereby that 0101 y disc) ose hat on , 20 / I (a) A measure came or will come befordmy agency which (check one) inured to my special private gain or loss; �f � ` f inured to the special gain or loss of my business associate, Thi • C � 4 C ' V ones inured to the special gain or loss of my relative, • inured to the special gain or loss of b 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: 5-- g - aD i r - � y/7 Date Filed Sig ature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED 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 8B - EFF. 1/2000 PAGE 2