Loading...
HomeMy WebLinkAbout2011 08 08 Consent 209 Requesting Approval of the City Commission Regular Meeting Minutes of July 25, 2011CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES REGULAR MEETING MONDAY, JULY 25, 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 -JULY 25, 2011 PAGE 2 OF 24 CALL TO ORDER The Regular Meeting of Monday, July 25, 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). Roll Call: Mayor Charles Lacey, present Deputy Mayor Jean Hovey present Commissioner Rick Brown, present Commissioner Gaty Bonner, present Commissioner Cade Resnick, present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance was followed by a moment of silence. ❖ ❖ AGENDA NOTE: DURING THE MEETING, THE FOLLOWING INFORMATIONAL AGENDA ITEMS WERE DISCUSSED, BUT NOT NECESSARILY IN THE ORDER DOCUMENTED IN THESE MINUTES. ❖ ❖ 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 lolling 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 -JULY 25, 2011 PAGE 3 OF 24 INFORMATIONAL 101. Parks And Recreation Department REQUEST: Wishes To Provide The City Commission With A Recap Of The 2011 July 4 Celebration Of Freedom. FISCAL IMPACT: • $10,000.00 Rev- Budget • $14,950.00 Rev- Sponsorships $25,897.00 Expenditures ( *Includes Estimated Police O /T) $ (947.00) Shortfall • $11,356.00 Total In Kind Donations 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 S'tccff Is Ahvays Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Parks And Recreation Recommends That The City Commission Receive And Review The Information Presented In This Agenda Item. Commissioner Rick Brown asked City Manager Kevin L. Smith, "I just want to know what the actual outlay was from the City of Winter Springs towards this event. It was unclear from the Agenda Item." Manager Smith explained, "We still have some pas -Toll numbers that we need to finalize but right around, just under eleven thousand dollars ($11,000.00)." Commissioner Brown then inquired, "That was our portion ?" Manager Smith responded, "Yes." Commissioner Brown then asked, "How much of that was Public Safety"" Manager Smith stated, "That's part of the numbers we're waiting on. Guesstimate, somewhere in the neighborhood of six thousand dollars ($6,000.00)." INFORMATIONAL 102. Parks and Recreation Department REQUEST: Wishes To Inform The Commission About New Dog Training Programs At Our Winter Springs Dog Park. FISCAL IMPACT: No City Expenditures. The Training Programs Will Be Coordinated Through A City Approved Standard Instructors Agreement For Programs. Revenues Will Be Based On Class Attendance And Pricing Structure With The Profit Sharing Arrangement Of 80% Instructor And 20% City. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING -JULY 25, 2011 PAGE 4 OF 24 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 S'tccff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Parks And Recreation Recommends That The City Commission Receive And Review The Information Presented In The Agenda Item. No discussion. INFORMATIONAL 103. Public Works Department REQUEST: Providing The City Commission Information Regarding The Completion Of The Ranchlands Paving Program And The Evaluation And Establishment Of Posted Speed Limits In The Ranchlands. FISCAL IMPACT: This Agenda Item Is For Information Only And Has No Fiscal Impact. 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 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 City Commission Review And Accept The Information In This Agenda Item. Commissioner Gaiv Bonner said, "I want to take a moment to really compliment Staff on AN extraordinaiv project that was really just veiN- well done. Great communication; great finished product. The pictures speak a thousand words. I have heard nothing but great compliments from the citizens of that area. So Brian (Fields, P.E., City Engineer, Public Works Department), I just wanted to recognize you because I know that you led the effort there and it was just incredibly well done." "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING -JULY 25, 2011 PAGE 5 OF 24 CONSENT AGENDA CONSENT 200. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The July 11, 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 Applicable City Staff, eAlert /eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City S'tccff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The July 11, 2011 City Commission Regular Meeting Minutes. No discussion. CONSENT 201. Police Department REQUEST: Requests The Commission To Approve The Expenditure Of $10,156.00 From Law Enforcement Trust Funds For The Purpose Of Purchasing An Electronic Fingerprint "Live Scan" System From Crossmatch Technologies Using State Contract Number 680 - 370 -07 -1. This Expenditure Will Be Equally Divided From Both The Local And Federal Trust Fund Accounts. FISCAL IMPACT: We Are Requesting The Expenditure Of Trust Fund Monies In The Following Manner To Relieve The Burden On Just One Single Trust Fund Account: Trust Fund Current Fund Balance Requested Expenditure Local LETF (Law $12,257.00 $5,078.00 Enforcement Trust Funds) Fund (103) Federal LETF (Law $14,210.00 $5,078.00 Enforcement Trust Funds) Fund (108) CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING -JULY 25, 2011 PAGE 6 OF 24 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 Or 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: Approve The Expenditure Of $10,156.00 Of Law Enforcement Trust Funds For The Purpose Of Purchasing An Electronic Fingerprint "Live Scan" System From Crossmatch Technologies Using State Contract Number 680 - 370 -07 -1. This Agenda Item was not discussed. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of Commissioner Seat Three — The Honorable Gary Bonner REQUEST: Mr. Stephan Benson, Senior Associate Athletics Director Of External Operations For University Of Central Florida (UCF) Athletics To Present The Association's New Marketing Campaign And Fan Initiative, UKNIGHT And Get "THE PATCH ". Mr. ,Stephan Benson, ,Senior Associate Athletics Director for External Operations, University of Central Florida, 4000 Central Florida Boulevard, Orlando, Florida: addressed the City Commission and displayed a PowerPoint presentation about their marketing plan for their sports programs. With further comments, Mr. Benson shared University of Central Florida spirit; invited citizens to University Of Central Florida games; and spoke about the merits of their players, along with their accomplishments; the University Of Central Florida Coaches; ticket packets that are available; " UKNIGHT" and "THE PATCH" program. Mr. Benson then mentioned an event being held on September 3, 2011 and mentioned that they hoped Winter Springs would participate. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING -JULY 25, 2011 PAGE 7 OF 24 AYi ARDS AND PRESENTATIONS 301. Office Of The Chief Of Police REQUEST: Presenting Awards From The Winter Springs Police Department. Chief of Police Kevin Brunelle, Police Department spoke on promotions and the process related to these recent promotions. Corporal Brad Heath, Corporal John Maxwell, Corporal Nick Romano, and Corporal James Tally took the Oath of Sergeant reflecting their new promotions to Sergeant. RECESS Mayor Lacey called a Recess at S: 40 p. m. The Meeting reconvened at S: 44 p. m. 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 No Report. REPORTS 403. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Manager,Smith left the Commission Chambers at .5: 15 p. m. Commissioner Joanne M. Krebs commented about recent visitors of hers who had spoken well about their recent visit to Winter Springs. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING -JULY 25, 2011 PAGE 8 OF 24 REPORTS 404. Office Of The Mayor — The Honorable Charles Lacey Manager ,Smith returned to the Commission Chambers at approximately S: 48 p. m. Mayor Lacey stated that he had been asked if the City would be a Sapphire Sponsor for Leadership Seminole Government Day in the amount of five hundred dollars ($500.00). Discussion followed on City Officials participating in Leadership Seminole to which Mayor Lacey noted, "So, we will call it in -kind and ask that to be our sponsorship." Further comments. Commissioner Brown suggested that Leadership Seminole be encouraged to find corporate sponsors and the City continue to purchase a table at the Leadership Seminole Graduation event. With comments, Mayor Lacey summarized, "So, it is the Consensus of the Commission that we decline their kind request." Next, Mayor Lacey spoke about the City of Oviedo's recent request to be partners on our Christmas Parades, and although both cities had agreed to not be partners, Mayor Lacey mentioned that the City of Oviedo had now asked, "That we not conflict on our Parades. They are planning on doing their parade the second weekend in December and Chris (Caldwell, Director, Parks and Recreation Department) — you already have it on the calendar for us to do it the first weekend in December, correct? So, I would just like the Commission to essentially ratifi- that we are going to tiv to schedule away from their parade." Manager Smith added, "The Commission had previously directed Staff that we have it on the first weekend in December so it worked out this Near, but I don't know in future Nears." Commissioner Brown suggested, "Tiv to coordinate." Commissioner Krebs added, "I would say I would tiv, but I am not going to commit ever." Mayor Lacey summarized, "So, we will stick on the fast weekend this Near and next rear, we will work it out." Mayor Lacey then commented on the Business Advocacy Group led by former Mayor John Bush. Mayor Lacey mentioned that members of the Business Advocacy Group have mentioned their interest in meeting with Members of the City Commission individually on possible directions. Mayor Lacey added, "If at all possible, they would like to schedule that in a series of meetings where three (3) or four (4) of them would come in, not the whole Committee, and meet with you serially, in one of our conference rooms. So, just be ready for that request if it does come." Continuing, Mayor Lacey stated, "I went to the Mayors and Managers meeting, along with our Manager, and this was a working session to discuss the School Board's funding needs that are going to be coming up at the meeting tomorrow night, I think all of you are aware of And at that meeting, Dr. (Bill) Vogel (Superintendent. Seminole County Public Schools) presented the slide that I had Chris (Edwards, Web Multimedia Technician, Information Services Department) put up there which if any of you have heard Dr. Vogel speak in the past year or so, you are probably familiar with that slide. It is pretty much... " Commissioner Brown said "...It looks like ours..." Mayor Lacey then remarked, "... Similar to what we have seen. Well exactly. Bear with me one moment Commissioner. Bear with me one moment. In the course of the meeting, I looked at that and I have got my own visceral feelings about it, but the more and more I thought about it and at this point in the process, I don't see that Winter Springs has a dog in this fight, so I tended to stay silent. Nov, the County Commission, a few weeks ago Voted down three -two (3 -2) the proposal for a Penny Sales Tax similar to the current second generation Sales Tax that would be shared among the County, the City, and the School Board. So, with that decision the School Board is looking for alternative solutions and they put this slide up to indicate the peril that they feel and their ask is to move on to a one (1) millage — one (1) mill increase in Property Taxes and to have a Special Election this coming November for Seminole County to Vote on it. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING -JULY 25, 2011 PAGE 9 OF 24 So, as I looked at this graph, I thought to myself, and I feel like Commissioner Brown is in my head, and what I said to Dr. Vogel was as I look at that, I don't see that that is very* much different than what a graph of Winter Springs' revenues would look like. Chris (Edwards), would you go to the next slide. And, so I went back and asked Shawn (Boyle), what does our picture look like for that; and he gave me these numbers which are fairly* eerily* similar. So, I did a little more work on it, Chris (Edwards), would you go to the third slide. And I did mV own graph to try* to normalize the School Board proposal and what our numbers look like, and if you will look on the left — I will point to it; the approach I took — it begins at `2007 -08', which is where their numbers are and I used that as a hundred percent (100 %) number. If Winter Springs and Seminole County* Public Schools all started at the same place, `2007 -08', we both declined to that level, in fact Winter Springs is this lower graph here, okay*. We are actually* a little bit below the next year where they* are, and the following year, we are substantially* below. Nov, if you know Dr. Vogel's graph, he shows two (2) lines. This is their recurring revenue line and this is that line as disturbed by the Obama initiative money* that the School Board got. So, either line you take a look at, Winter Springs when you get to `2009 -10, is significantly* below either one. In the current Budget year that we are in now, we both didn't suffer quite as much, but we are still below their line and the budgeted number going for yard is very* similar; but, we are still below N-, they* have. So, my instinctive response to Dr. Vogel is born out in these pictures. Nov, I think the difference is our response to that curve and when I said before, Winter Springs didn't have a dog in this fight, I started thinking, well, perhaps we do. Because their response is to solve their problems with a one (1) mill increase. Winter Springs has taken a different approach and for two and half (2 '' /z) years, we have been working aggressively* to provide our City services within the constraints of the revenues that we have. I don't think there has been any* serious consideration put on the table, for us to increase the taxes in Winter Springs. Nov, the Manager and his Staff and in fact all the Employees have had to make some - painful personal choices on how to cope with that. And, we saw it with the Pension discussion we have had. We have seen it with Staff that have retired, that haven't been replaced. Now in that time frame, well in the past two (2) years, we have gone from I think the number is 234 to 217, 200 and probably* as we actually* enter into next year, Nve will be below 200 Employees so we have taken about a — twentyT percent (20 %) cut, forty* (40) people or so, in our head count to try* to make things work. And I think that that is the approach that should be taken. So, all this is leading up to say* that there is a meeting tomorrow night and I have my opinion where we are going to. I have stated what I think the approach is. I am not sure the form of the meeting, whether there will be an opportunity* for me to speak or to express our will; but, I wanted the Commission to know what I had said at the Mavors and Managers meeting last week and that my inclination is to take similar positions at the meeting tomorrow night; and so, if there is any input from the Commission that you would like to provide me before we go into that meeting, I would welcome it at this point. So, I have got two (2) lights on. I think Commissioner Brown was fast." Commissioner Brown commented, "Thank you Mavor. I was in your head partially*. I have seen Dr. Vogel's presentation more than once this year to say* the least, and I am al vays taken aback by the fact that it costs the School Board roughly* four (4) times our citizens of Winter Springs in taxes, what it takes to run the entire City. And each time, I would see Dr. Vogel in a public forum, wringing his hands over not having any money* - he is usually* accompanied by his Budget Director, his Finance Director, his Deputy* Superintendent, and a Secretary*... " Mavor Lacey* said, "...If I may* interrupt, at the meeting Tuesday-, we had paid Staff with Kevin (Smith) there, and me. There were four (4) paid people from the School Board at that meeting... " CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING -JULY 25, 2011 PAGE 10 OF 24 Commissioner Brown continued, "...And I have yet to see a serious attempt at cutting administration costs out of the School Board. Nobody wants to cut classroom funding, but they have balked at every request or every* suggestion that they go to a zero -based Budget and re -build from the bottom up and look for areas where they can cut dollars and money. We have historically seen them out of their Capital Fund, want to increase taxes while they have donated money out of the Capital Fund to the Zoo, the last time it came forward. I am just — I don't want to see any classroom funding cut, but I am not sure I want to see further monies going until we actually see an honest attempt at budget cutting or restructuring, that all the cities have had to do." Mayor Lacey commented, "I think that is accurate. It is hard for me to see where all this funding — actually makes its waYT into the classroom. Commissioner Resnick." Commissioner Cade Resnick remarked, "Thank you. I agree with you. I would like to know where the money comes into the classroom as well. Being a Teacher, that pretty much is my stake on it but, actually I had two (2) questions for you Mayor. My question to you goes to that Mayors and Managers meeting. You mentioned one (1) mill now. Does that mean there is going to be another mill asked later? Another one point five (1.5)? Another two (2)? Or is he sticking by, `This is all we need and it is an absolute number'." Mayor Lacey responded, "I hate to predict, but all I can say, the context of that meeting was to focus on the one (1) mill. I have to say the County Commission has some leverage in terms of when an Election is held and how it is done and obviously* they* have decided not to do the Sales Tax. But it is interesting that the School Board put for yard a Sales Tax Half Penny* last November and they were hoping for this third generation Penny* to go for yard now. But, in the course of the meeting this past week, they really* had zero interest in a Sales Tax Penny* because that gave them Capital dollars and they are quite insistent. I think they are right; Capital dollars don't do them much good, when according to the Sentinel they are 9,600 seats over capacity* now. What they need are either operating dollars or I would say*, operating efficiency*. So, to answer your question more directly* Commissioner Resnick, they* are only talking now about the one (1) mill increase. And one other thing I did say* at last weeks' meeting was that, look at it from the point of view of our Staff If we were to come back and say* Nve want to increase taxes in Winter Springs by one (1) mill, every* problem in the world here would be solved; vve would be flowing in money*... " Commissioner Krebs said, "...Yes... Continuing, Mayor Lacey* noted, "... And, again that is not the approach we have taken. I just think it is almost a slap in the face to the Employees of Winter Springs. Nov, my first consideration is the taxpayer of Winter Springs; but secondly*, I look at the Employees who have worked so hard to try* to do more with less and then to be able to see another governmental entity* come in and say*, `Well, a mill. We will just take a mill. It solves our problems so we will go that way*'. I don't know how I look our Staff in the eye and tell them that — that choice is out there. Go ahead Commissioner." Commission Resnick stated, "The other question I had for you, which you are sitting at that meeting, as they fell to the half penny* Sales Tax, are any other options being discussed, or is this the only one..." Commissioner Brown mentioned, "...The only* one I think..." Mayor Lacey* stated, "...Yes. I think there are three (3) options. There is a Millage increase; there is a Sales Tax increase, and there is cutting expenses and the latter has never been discussed or considered, as far as I can tell. Deputy- Mayor Hovey-." CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING -JULY 25, 2011 PAGE 11 OF 24 Deputy* Mayor Jean Hovey remarked, "I just wanted to make a couple comments. While I don't think that I agree With them asking for the money, I just wanted to let Commissioner Brown know, that I don't think that they donated to the Zoo in a number of Nears which is good; but, like Longwood, I think Winter Springs will be affected next Near because we have so many Elementaiv Schools and even with the kids from Longwood moving into three (3) of our schools, those three (3) schools are still well under capacity. So, it could mean another shift of students from those three (3) zone schools, Winter Springs (Elementaiv School), Highlands (Elementaiv School), and Laver (Elementaiv School). Again, moving them further east or however they decide to do it, because I don't think the Longwood closing is the last of the schools closing in Seminole County." Mavor Lacev commented, "Commissioner Brown." Commissioner Brown said, "I respect your opinion Deputy* Mayor, however, even at this last meeting, I believe Dr. Vogel, if what I saw and heard were correct - of course I wasn't at the meeting, and someone who was can correct me. I think he actualIv stated that without the last increase was the reason that Longwood ended up closing. Is that right ?" Mayor Lacey explained, "He made that case I believe, but Mayor (Joe) Durso did not accept that... " Commissioner Brown then noted, "... Well... " Mavor Lacey* continued, "... Reasoning, and apparently* there were background conversations that did not substantiate... " Commissioner Brown stated, "... And neither did I because the last increase I thought was for Capital..." Deputy* Mayor Hovey* remarked, "...It was..." Commissioner Brown then commented, "... And the closing of the school was due to operating... " Deputy* Mayor Hovey* added, "... Right, right... " Mavor Lacey* said, "... Right, right... " Commissioner Brown then continued, "...And vet he made that case in public previously*. So, that was the fast one. And the other, I wanted to go back to something you said when you were talking about it being a slap in the face to the Employees of Winter Springs and to our citizens. You know when our City Manager took over, and went to zero -based budgeting and not only did we find three million dollars ($3,000,000.00) in the Budget that we didn't know were there, and the School Board has vet to even attempt to do that in theirs. Not knowing what financial position we would emerge that fast year from, we talked about there being a Budget Director and a Finance Director and a Deputy* and a Secretaiv — our City Manager did all four (4) of those jobs for over the first year, because we didn't know what kind of position vve were going to be in. And so I agree with you. I think it is an extreme slap in the face not only to our citizens asking them to increase without knowledge of how much of that dollar is actually* going back into the classroom and you can go back to the United Way arguments — I don't think it is the right approach." Mayor Lacey* recognized, "Commissioner Krebs." Commissioner Krebs stated, "I agree with both Commissioner Brown and the Mayor, and I really* do believe that they* need to, they* the School Board, needs to really* take that effort to look in other areas — just simply*, dig down and do it. It is not going to be pretty*. I am sure they are not going to like what they are going to have to do but, I don't think we did either. And, who knows. As far as the schools, the possibility* of more school closings, you know, I have seen that in other areas, and in particular, the area that I used to live in, the CitN/Town grows up and people don't move awaNT because they like it so much here, and I would like to think that is what they do. And honestIv, if I was moving into an area, I would rather see quality* education, be it right in my neighborhood or if my children were bused to a different neighborhood because of school closures or less amount of schools, I would rather have the quality* there than I would supporting all these schools at another mill and then — in two (2) years from now, another mill because everything is falling apart and we still have to — I just think they have to, they just have to hold the line at some point; they* just have to hold the line." Mavor Lacev commented, "Commissioner Bonner CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING —JULY 25, 2011 PAGE 12 OF 24 Commissioner Bonner noted, "Mayor, the solution is not raising taxes on our citizens at this time. I would ask that you cariv forward the Winter Springs example message of what can be done if you take the approach of not burdening your citizens, asking them for more taxes; but, actually* working hard and in partnership with your Staff on seeing what can be done. So, please do cant' that message for yard." Mavor Lacey* then said, "Thank you Sir. Commissioner Resnick." Commissioner Resnick remarked, "Just to cariv on with what Commissioner Bonner was saying, if you do send that message across, also say* that although Winter Springs would prefer that we don't raise taxes; if we do happen to lose out in this battle, that the money* be used for operational which brings the money* to the classrooms, and not for Capital." Mayor Lacey* added, "Absolutely*..." Commissioner Brown said, "...Which we haven't seen before." Mayor Lacey* again stated, "Absolutely*. Commissioner Brown." Commissioner Brown commented, "And Mavor, I would just respectfully* request, so that there is absolutely* no opportunity* to misconstrue what our conversation was here tonight, can we please forward a transcript of the discussion to the School Board..." Mavor Lacey* noted, "...Of tonight's discussion..." Commissioner Brown said, "...Of what we have heard tonight..." Mayor Lacey* stated, "... Absolutely*. Okay*." Commissioner Brown commented, "Thank vou." Mavor Lacey* added, "Yes, I will make sure we do that." Commissioner Krebs remarked, "Mayor, one more..." Mavor Lacey* stated, "...Yes Commissioner..." Next, Commissioner Krebs continued, "...One more question. Out of our — and maybe Kevin (Smith) you can answer this question or Shawn (Boyle, Director, Finance and Administrative Services Department) if Shawn (Boyle) is around, what percentage is our school tax now, of our tax bill, right off hand ?" Manager Smith responded by saying, "Approximately* fifty* percent (50 %)." Commissioner Krebs stated, "Fifty* percent (50 %)." Manager Smith added, "...The City is roughly* fourteen percent (14 %), the School Board I think is fifty* or maybe just under that." Commissioner Krebs noted, "Because, going back to where I used to live, the taxes were so high and the school was huge. I mean you had people who had to leave simply* because they couldn't afford the taxes. I mean they literally* retired and couldn't afford to pay* — they didn't owe any more money* on their home, but they* couldn't afford the taxes." Mavor Lacey* mentioned, "And just to augment that..." Commissioner Krebs stated, ­...Nov, that is pretty* bad." Continuing, Mayor Lacey* remarked, "I would add one thing — keep in mind, a couple of years ago, the Legislature... " Commissioner Krebs noted, "... That is runaway* taxes...." Mayor Lacey* added, "... Gave an extra twenty* -five thousand dollar ($25,000.00) Homestead Exemption that we don't get as revenue... Tape I Side B ...the School Board from that extra Exemption. So, they complain a lot about the Legislature, but it looks like at every* turn I see, the Legislature is giving them more and more ability* to tax, compared to us." Commissioner Krebs stated, "I think one of the hardest things in situations like this, especially* where you are talking about children's Education, or Public Safety* is to say* `No'. That is really*, really* hard — but it is an easy* tool to use when you want to obtain some more money." Mavor Lacey* concluded the discussion by saying, "Well, thank you Commissioners. Appreciate your support." CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING -JULY 25, 2011 PAGE 13 OF 24 REPORTS 405. Office Of Commissioner Seat One /Deputy Mayor — The Honorable Jean Hovey Deputy Mayor Hovey mentioned the Seminole County Public School's meeting with Seminole County and the Seminole County cities scheduled for Tuesday, July 26, 2011. Brief discussion. REPORTS 406. Office Of Commissioner Seat Two — The Honorable Rick Brown Commissioner Brown inquired, "Where are Yve with our Joint meetings with Oviedo ?" Mayor Lacey mentioned that the last meeting was on November 10, 2010 and "At that meeting we did not schedule another one. So, it is up to the initiative of either Commission or Council to decide if they want another one." Secondly, Commissioner Brown noted that he is closing the Barnie's Coffee & Tea Company in the Winter Springs Town Center, Saturday, July 31, 2011. Discussion. REPORTS 407. Office Of Commissioner Seat Three — The Honorable Gary Bonner No Report. REPORTS 408. Office Of Commissioner Seat Four — The Honorable Cade Resnick Commissioner Resnick mentioned not being at the last City Commission meeting, but wanted to communicate, "To the whole Police Department, thank you for working with us on the west side; for the fireworks." Commissioner Resnick also thanked the Police Department for their assistance regarding helping with vein late evening fireworks in neighboring cities; and added, "For eveiN -thing you did for the 4 "' of July as a City." Next, Commissioner Resnick mentioned a recent Oviedo- Winter Springs Regional Chamber of Commerce meeting, and that two (2) individuals had left the Board, including Ms. Matt' Alice Wilder. Commissioner Resnick mentioned that the "Winter Springs Festival of the Arts" was discussed and added, "I shared with them that they need to keep in contact with us as we move forward with this." Commissioner Resnick also noted that a resident who was in City Hall today had asked for a flyer for the ``Winter Springs Festival of the Arts" and suggested flyers be made available. ❖ ❖ AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS DISCUSSED NEXT, AS DOCUMENTED. ❖ ❖ CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING -JULY 25, 2011 PAGE 14 OF 24 REPORTS REPORTS 406. Office Of Commissioner Seat Two - The Honorable Rick Brown Commissioner Brown mentioned his Coffee Meetings on most Mondays and explained with the closing of Barnie's Coffee and Tea, "Starting next Monday, I am going to be moving that meeting to the " Leome Home Style Cooking" restaurant. Commissioner Brown added that the time that his Coffee Meetings would now start at 8 a.m. and that "I will be there at least from 8:00 - 9:00 (a.m.). PUBLIC INPUT Ms. Nancy Dzamba, 305 Twelve Oaks Drive, Winter ,Springs, Florida: speaking on behalf of the Winding Hollow Homeowner's Association, Ms. Dzamba commented on the RaceTrac gas station and asked that the City not allow a RaceTrac gas station to be built on the proposed site; and also inquired if the City had received an application for this potential project. Next, Ms. Dzamba thanked Commissioner Brown for his Barnie's Coffee & Tea Company business, and said that the Seminole CNTclists Club had been meeting at his Barnie's Coffee & Tea Company in the Winter Springs Town Center and they were sorb* he was closing his business. Mr. Joseph Deas, 241 North Edgemon Avenue, Winter ,Springs, Florida: noted that he owned some property on Lori Anne Lane and asked if a YMCA could be built on neighboring Moss Road and whether zoning could be changed for such a project. Mayor Lacey suggested Mr. Deas speak with Mr. Randy Stevenson (Director, Community Development Department) and he would give him his contact information. Mayor Lacey added that should Mr. Deas have and, -thing additional for the City Commission, to of course come back. Mr. Kevin Cannon, 174 Nandina Terrace, Winter ,Springs, Florida: commented on his concerns with Public Hearings Agenda Item `501' related to home based occupations, the Ordinance definition for a home based business, and signage. Mayor Lacey suggested he meet with Mr. Stevenson on this proposed Ordinance. Commissioner Brown suggested that Mr. Cannon get with Staff to review the proposed Ordinance. Further comments PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The Chief Of Police And Office Of The City Attorney REQUEST: Request That The City Commission Consider And Adopt Ordinance 2011 -10 On Second Reading. FISCAL IMPACT: Effective October 1, 2011, Florida Law Will Impose Penalties On Individual Officers And Employees And Local Government Agencies Who Violate The State's Preemption. If The Ordinance Is Adopted, It Will Mitigate Against Such Penalties Being Imposed On The City And Its Officers And Employees. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING -JULY 25, 2011 PAGE 15 OF 24 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. RECOMMENDATION: The Police Chief And City Attorney Recommend The City Commission Approve And Adopt Ordinance 2011 -10 On Second Reading. Attorney Garganese read Ordinance 2011 -10 by "Title" only. Further brief comments. 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 -10)." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BROWN. 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 First Reading Of Ordinance 2011 -08, Which Revises The Regulatory Language For Home Occupations And Home Offices In The City's Code Of Ordinances. FISCAL IMPACT: While There Is No Immediately Measurable Fiscal Impact Associated With This Ordinance, The Intent Is To Create A More Predictable And Defined Framework Within Which Home - Based Businesses Can Be Fostered And Become Viable Within The Residential Portions Of The City Without Becoming A Potential Nuisance To The Neighborhood. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING -JULY 25, 2011 PAGE 16 OF 24 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 Ahvays Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff And The Planning And Zoning Board Recommend Approval Of The First Reading Of Ordinance 2011 -08, And Moving Said Ordinance Forward To Second Reading. "MOTION TO READ BY `TITLE'." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2011 -08 by "Title" only. Mr. Stevenson addressed the City Commission on this Agenda Item. Mr. Bobbv Howell, AICP, Senior Planner, Community Development Department spoke on this Agenda Item and Ordinance. Mayor Lacey opened the "Public Input" portion of the Agenda Item. Dr. Ted Johnson, 1107 Pheasant Circle, Winter ,Springs, Florida: commented on his concerns with local home based businesses, traffic, signage and suggested the City Commission slow down their processing of this Ordinance. Discussion followed on the number of home based businesses, concerns with landscaping businesses based out of residences, related signage, and equipment for home based businesses. Mr. Stevenson commented on types of home based businesses that are permissible and types not allowed. Chief of Police Kevin Brunelle, Police Department addressed ways Code Enforcement could assist and that Complaints to Code Enforcement can help alert them to problems. Chief Brunelle said that he would check into landscaping businesses and employees coming into residential areas to get work orders. Discussion followed about excessive delivery trucks to residential areas and home based businesses; along with what was considered troublesome and a disturbance. Manager Smith said to Mr. Stevenson, "Other than the increase from twenty percent (20 %) of the air- conditioned space to thirty percent (30 %), and the allowance for some accessoiv building to be utilized for the home purpose, do you see anNihing in this Ordinance that would make the permissible uses more general or would allow an�,thing — worse than we have now?" Mr. Stevenson responded, "No and again, we've more accurately defined a lot of the prohibitions to home based businesses in this Ordinance." CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING —JULY 25, 2011 PAGE 17 OF 24 Ms. Beth King, 1478 Connors Lane, Winter ,Springs, Florida: asked if no customers are coming to a home based business, then why- would any signage be needed. Mr. Stevenson stated, "This is a decrease in what we currently* have." Furthermore, Mr. Stevenson added, "I don't believe Staff would have a problem if the Commission decided to say* there is no exterior signage allowed whatsoever." Commissioner Brown suggested, "Except for grandfathering in those that already* have signs of course." Mr. Stevenson remarked, "That's correct." Ms. Mary Alice Wilder, 890 Northern Way, ,Suite A -1, Winter ,Springs, Florida: mentioned she has been a business owner in Winter Springs for many* Nears; and spoke of home based businesses, signage, credible businesses, and said that a "Valuable business is going to open up their doors somewhere." Ms. Pam Carroll, 865 Dyson Drive, Winter ,Springs, Florida: also inquired about why- signage is needed for home based businesses that should not have customers; and mentioned that signage could ruin the looks of a residential community*. Ms. Carroll added her concerns with the City and Code Enforcement not having power to make changes. Ms. Carroll also questioned item 3 on page 4 of the Ordinance, and was concerned about excessive signage in residential areas. Mayor Lacey closed the "Public Input" portion of the Agenda Item. With further comments about this Code, Commissioner Brown mentioned being agreeable to not permitting any signage, should the City Commission agree on this. Commissioner Brown added, "I am not so sure just because we reduced the size that we would see a proliferation of signage everywhere." Commissioner Bonner asked if there were any* time constraints to get this Ordinance approved during this meeting? Mr. Stevenson responded by saying, "No Sir. Again, this is just part of the on -going efforts to by to clean up certain sections of the Code and to clarify* and to add some more specifics where Staff felt necessaiv, but there is no pressing need." Commissioner Bonner remarked about his concerns with comments from citizens who have asked that more time be given to review this issue. "I WOULD LIKE TO MAKE A MOTION TO TABLE THIS ITEM OR TO POSTPONE." MOTION BY COMMISSIONER BONNER. ATTORNEY GARGANESE SUGGESTED, "I WOULD RECOMMEND IF YOU WANT TO BUY SOME TIME TO POSTPONE IT TO A DATE CERTAIN, IN ORDER TO PRESERVE EXPENSIVE ADVERTISEMENT FOR FIRST READING." COMMISSIONER BONNER NOTED, "AGREED." DISCUSSION FOLLOWED ON A DATE FOR POSTPONEMENT. Tape 2r Side A COMMISSIONER BONNER CONTINUED, "I WOULD LIKE TO MAKE A MOTION TO POSTPONE THIS ITEM TO A DATE CERTAIN, THAT TO BE BACK BEFORE US IN THE REGULAR COMMISSION MEETING ON AUGUST THE 22 ND , ( 2011)." SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. COMMISSIONER BROWN INQUIRED," SHOULDN'T WE BE PASSING THIS ON FIRST READING AND THEN COMING BACK BECAUSE OF ADVERTISING FOR THE SECOND READING ON THAT DATE CERTAIN, WHERE WE CAN MODIFY A CHANGE?" CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING -JULY 25, 2011 PAGE IS OF 24 ATTORNEY GARGANESE REMARKED, "YOU WILL BE ABLE TO MAKE CHANGES. POSTPONING IT AT THIS TIME WILL POSTPONE FIRST READING. WE'VE ALREADY READ IT INTO THE RECORD; SO, IF WE POSTPONE IT TO THE 22 ND , ( AUGUST 2011), WHEN THE 22 (AUGUST 2011) COMES, WE'LL PICK RIGHT BACK UP WHERE WE LEFT OFF." MAYOR LACEY SUMMARIZED THE MOTION AS, "THE MOTION IS TO POSTPONE ITEM `501' UNTIL THE MEETING OF AUGUST 22 ND , ( 2011)." MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. PUBLIC HEARINGS 502. Public Works Department REQUEST: Requests The City Commission Review The Final Engineering /Site Plan And Aesthetic Review For The Lake Jesup Reclaimed Water Augmentation Facility Located At The Northwest Corner Of Central Winds Park Near The Shore Of Lake Jesup. FISCAL IMPACT: This Agenda Item Is Requesting Approval Of The Final Engineering /Site Plan And Aesthetic Review, Which Has No Fiscal Impact. At The July 11, 2011 City Commission Meeting, The Commission Authorized Entering Into A Contract For Construction At A Cost Of $2,325,293.30. 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 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 Approve The Final Engineering /Site Plan And Aesthetic Review For The Lake Jesup Reclaimed Water Augmentation Facility. Mr. Fields gave an overview of the project and a PowerPoint presentation was displayed. A sample of the proposed color for the stucco finish was shown to the Mayor and City Commission. Commissioner Krebs mentioned that she recalled a previous discussion where the project was described as being somewhat "Stealth" and it would be a multi - purpose facility. Mr. Kip Lockcuff, P.E., Director, Public Works /Utility Departments explained, "We're not saying `No.' We're designing it to do that in the future but it's not necessarily a part of this Approval. Because, as we went through the DRC (Development Review Committee) process to create — a formal public use would require more improvements than we currently have in the Plan. The Manager has asked for a list of what all those improvements would be. For example, you'd have to meet ADA (Americans with Disabilities Act) requirements for a ramp that's with slope. We had a sidewalk in there — you have got to have landings every twelve feet (12')." Mr. Lockcuff added, "It's semantics. If it's a dock, it doesn't require any railings. If it's a pier, you can't allow a four inch (4 ") wall to go through it. So, we're tieing to work through what issues — what needs to be a more formal public use facility." CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING -JULY 25, 2011 PAGE 19 OF 24 Commissioner Krebs noted that "It just seemed like here is what we are going to do and look what we can do with this. It won't look like what it sounds like." Mr. Lockcuff remarked, "The earlier conversations were the whole Civic Center concept and this could be an amenity to that, and it still can be. I think that's what we're building. I think what Brian (Fields) has said and then what we found through DRC (Development Review Committee) is we don't have paved parking, we don't have a handicapped spot, we don't have a handicapped ramp from there all the way out on the pier. Not to say someone couldn't still use these facilities but if we were going to formalize and advertise it as the Winter Springs Pier, we would probably* have to do some additional improvements. But nothing we're doing here would preclude those improvements..." Commissioner Krebs noted, "... Some day*." Continuing, Mr. Lockcuff stated, "Yes. It's more ADA (Americans with Disabilities Act) driven than anything else. And like I said, the Manager has asked for kind of a breakdown of what it would take cost wise to make this a fully functional park in and of itself But our intent all along and I thought what we presented to the Commission is we would design it to not preclude any of those activities in the future." Deputy* Mayor Hovey said to Commissioner Krebs, "I remember the dock — and all those things that you just mentioned." Mr. Lockcuff stated, "And we could add that to the General Fund wish list. I think that's kind of what the Manager is looking at me for - a breakdown of what those costs are." Commissioner Krebs remarked, "It wasn't a wish list that I understood. It was the way it was going to be. That is what we were putting in. And so now, I am understanding something a little bit different and so I am pretty* disappointed right now." With further comments, Mayor Lacey asked Mr. Lockcuff, "Under this Plan, is it now available for the public to walls on that ?" Mr. Lockcuff explained, "We have nothing that would preclude the public from going out on there. Is it designed as an amenity that we're going to advertise to invite people down so that we fully comply* with all ADA (Americans with Disabilities Act) Codes. It is not." Mayor Lacey added, `But we are not going to prohibit the public from walking on it." Mr. Lockcuff responded by saying, "That's my intent." Commissioner Brown brought up his previous recollections and mentioned he had just asked Manager Smith, "Could the dock not be expanded to offer some form of water -based commerce, because that is what I remembered." Commissioner Brown added that he had recalled a discussion the Commission had related to a proposed water taxi business. Commissioner Brown further stated, "I remember the facility was going to be a public facility... " Commissioner Krebs remarked, "...Right. Tables too." Continuing, Commissioner Brown commented that "If not formally, we had previously discussed the opportunity* to doing some sort of water -based activity there; either as a public - private or as a private. And - the City Manager's response was and very* rightly* - we can do that but obviously we can't pay* for it." Further comments. Commissioner Brown said to Mr. Lockcuff, "So, when you say at some time in the future, is that like next week, if somebody came foilvard with a Business Plan ?" Mr. Lockcuff commented, "Whenever someone came forward, our intent is that this would be compatible with some future use." Mr. Lockcuff then referenced a previous suggestion of a boat ramp and said, "And that is kind of why it's all pushed over to the one side. Still have plenty* of room to do something like that, if that's something the Commission wanted to consider in the future." With discussion, Mr. Lockcuff added, "We were just tieing to make sure we had the ability for those options in the future. Now, could we throw picnic tables on top of that? Sure we could." Commissioner Brown suggested, "And expand the dock." Discussion. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING -JULY 25, 2011 PAGE 20 OF 24 Commissioner Resnick mentioned his concerns with issues as a result of us not being ADA (Americans with Disabilities Act) compliant and recommended, "If we go halfivaN , whNT not just finish the project? " Deputy* Mayor Hovey said to Mr. Lockcuff, "We could in the future, if vve wanted to add those other things on to it. We could, if we came up with money." Mr. Lockcuff responded, "That's our intent. Yes." Commissioner Brown asked if "No Tresspassing signs" were needed, because the City is complying with ADA (Americans with Disabilities Act) access. Attorney* Garganese explained. "If you're going to allow public access to the facility*, then you're going to have to address ADA (Americans with Disabilities Act) requirements." Furthermore, Attorney* Garganese noted, "If it's a public access facility*, it's going to have to meet the ADA (Americans with Disabilities Act) requirements." Deputy* Mayor Hovey* mentioned her concerns with the new Charter Elementaiv School going in, which would be close to this new facility. Commissioner Krebs pointed out that "We don't have many* opportunities to have a lake view and I think we talked about this. And once this big tank — goes in, it blocks it. It doesn't look nice and it is really* out there, so you came up with this neat plan to have it blend into the environment, so to speak; but also becomes something more of an asset. It is something that could be useful, not also blocking the view." Commissioner Krebs noted that this is what she was in favor of; and added, "The citizens had invested a lot of money* over there, we had all paid for it." Commissioner Krebs noted, "It was going to benefit a lot of different waNTs in the community*. The water, being able to at least be visually* appealing, Lake Jesup, as much as it can be. So, that is what I Voted on. So, I never imagined that it wasn't going to be all done like that, period. When it was finished it was going to have that, it was going to be that feature. That is what I Voted on. And so I am just really* pretty* confused now whNT we didn't know that — whNT it wasn't at least made clearer to me and it seems, to a few other people on this dais, that in fact, that is just an option, and there are other things involved; that we wouldn't have enough money* for this project to be completed in its entirety, not just piece it together." Mayor Lacey* clarified with Attorney Garganese, "The Plan as presented really can't go forward just that waNT. If it is physically structured the NY °aNT it is, which I believe is basically, it is accessible to the public, but we are not going to advertise it as such; you are saying, that is not possible. It really has to be prohibited to the public under the current design. Is that correct ?" Attorney Garganese explained, "I am really addressing the facility. There was discussion about someone walking up on top of the tank with a handrail - without complying with ADA (Americans with Disabilities Act), you can't make that open to the public. By invitation there is no compliance with any ADA (Americans with Disabilities Act) requirements. Nov, if you're talking about access just to the land itself, that's another issue that we could look at, but in terms of accessing a facility, it would have to be definitely ADA (Americans with Disabilities Act) compliant." Mayor Lacey stated, "Do I take from that that means that it is our obligation to expressly prohibit the public from going on to this facility ?" Attorney Garganese responded, "That would be recommended - a public utility facility shouldn't be accessed by the general public. I would think that that would not be an appropriate thing for the City to invite people to go on to that type of facility because of the possibility* of damage to the facility*, possibility* of liability in the event that they became an attractive nuisance for children to play*." CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING -JULY 25, 2011 PAGE 21 OF 24 Mayor Lacey* suggested, "To me, that boils down to really* two (2) options, either proceed with this Plan and prohibit the public access to that facility*; or go back and study* the Plan to see what it would take to make it a fully* public accessible facility*... " Attorney* Garganese added, "...Or part of it accessible, if you want to look at lake access." Mr. Lockcuff noted, "It's really* the lake access issue. The tank — there is nothing wrong with the tank ADA (Americans with Disabilities Act) wise. Right? Straight out level. Anvbodv could walk out there. It's only* the railing that is maybe an issue we ought to look at." Commissioner Brown asked, "Is it ground level ?" Mr. Lockcuff continued, "Yes. And that is the intent and I guess we didn't share our visions; so, the tank is buried as you walk out on it. It has a little exposure on the side." Mr. Lockcuff added, "We really* think we've built this as low a profile, low visibility* as we possibly* can." Commissioner Krebs noted, "You are talking about one thing, but I am talking about the completed, in my mind project, not just that." Mr. Lockcuff said, "It was talked about with the Civic Center and all that — that was somewhere in our Concept Plans." Mr. Fields added, "I think the site can be brought into compliance with ADA (Americans with Disabilities Act) standards with very* minimal site modifications that we looked at. That it can be considered open and accessible to the public. Now is it an attractive nuisance because you have a walkv,av, an area on top of the tank. That's a different situation. As far as meeting minimum Code, ADA (Americans with Disabilities Act), this Site Plan can easily* be modified if you do an unpaved handicapped parking space, similar to other areas of the park including the Dog Park to have that access. That can be done." Mr. Lockcuff added, "We don't have the cost information for that, at this point. But there's nothing here to preclude that." Mr. Terry Zaudtke, P.F., DEE, Executive Tice President CPH Engineers, 1117 Fast Robinson ,Street Orlando, Florida: addressed the City Commission on the proposed Plan and stated, "One of the things we did do was bring that tank down so that on the — south end, that that tank is flat, coming off the grade. So, as you're coming down there — when you're walking from the south to the north, towards the lake, you're not seeing that tank at all because that is grade at that point. And I remembered that that was a concern — and you wanted to keep that as open as possible, so we buried this tank, and we had to do some structural things to be able to do that. So, that is built into the cost." Mr. Zaudtke added, "You can have landscaping and so forth around there as well. But I mean that was the major concern. The other one that I believe that we addressed too was moving the facility* all the way- over to what I would say* would be the left, as you're looking to the lake. Moving it all as far to the — left there. And we changed the equipment that we're using to a different filtration method." Further comments Mr. Zaudtke then further commented on the equipment and explained, "So, we've occupied less space with equipment, tieing to address that same aesthetics issue. If we haven't met your overall needs, we need to understand what those are, so we can then proceed to investigate it." Regarding a dock or pier, Mr. Zaudtke noted, "I don't see that there would be any problems with utilizing it as a dock versus just a pier out there. The structure would be sound." 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. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING -JULY 25, 2011 PAGE 22 OF 24 Manager Smith remarked, "It's clear to me that the majority of this Commission does not feel like this Agenda Item addresses what they expected. That's not acceptable. I would humbly request that the Commission take no action on this Agenda Item and allow Staff an opportunity to do a little bit more work." No action was taken by the City Commission. REGULAR AGENDA REGULAR 600. Office Of The City Manager REQUEST: Requesting That The City Commission Consider Approval Of Resolution 2011 -33, Computing The Proposed Operating Millage Rate For Fiscal Year (FY) 2011 -2012 At 2.4500 Mills And Voted Debt Service Millage Rate At 0.1100 Mills Establishing The Rolled -Back Rate, And Setting The Date, Time And Place Of A Public Hearing To Consider The Proposed Millage Rate And Tentative Budget For Fiscal Year (FY) 2011 -2012. FISCAL IMPACT: In Periods Of Declining Property Values, The Decision To Maintain Or Lower The Millage Rates Will Result In Less Ad Valorem Revenue Than The Prior Year. In Order To Maintain A Flat Voted Debt Millage Rate A Transfer From The General Fund To The Central Winds General Obligation Debt Service Fund ( 4225) Will Be Necessary In The Amount Of $55,500.00. Both Scenarios Have Been Programmed Into The Fiscal Year (FY) 2012 Proposed Budget. 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 Applicable City Staff, eAlert /eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. The Budget Calendar Has Been On The City's Website Since Its Approval In February. Notice Of The 2012 Proposed Budget And The July 20 Budget Workshop Have Been Advertised On City Hall's Electronic Sign. The Proposed Budget Was Published On The City's Website On July 1s The Property Appraiser Will Mail Each Property Owner A TRIM (Truth In Millage) Notice Prior To The First Public Hearing (Sept 12 th ) [ 2011] And The Final Public Hearing Will Be Advertised In The Orlando Sentinel In Compliance With And According To Florida Statute. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING -JULY 25, 2011 PAGE 23 OF 24 RECOMMENDATION: It Is Recommended That The Commission Take The Following Action: • Adopt Resolution 2011 -33 Setting The Proposed Operating Millage Rate At 2.4500 Mills And Establishing The Rolled -Back Rate At 2.6133 Mills And Setting The Proposed Voted Debt Service Millage Rate At 0.1100 Mills For A Total Proposed Millage Rate Of 2.5600 Mills. • Establish The Date, Time And Place For A Public Hearing Regarding The Proposed Millage Rate And The Tentative Budget As September 12, 2011 At 5:15 PM At 1126 East State Road 434, Winter Springs, Florida (Commission Chambers). Mr. Bovle mentioned for the Record, "A correction to the Record which is the form that we just passed out. I would like to note for the Record that the only change to the Agenda Item was the number that's highlighted in yellow, which is simply* a tally* of the two (2) numbers above it. That is the only adjustment to this Agenda Item." Continuing, Mr. Boyle said to the City Commission, "I do want to point out, this is a reduction from last year and we will be collecting approximately rivo hundred and sixty* -six thousand dollars ($266,000.00) with a combined - valuation and Millage Rate and it will reduce the amount of money* that the City takes from taxpayers by two hundred and sixty* -six thousand dollars ($266,000.00). Manager Smith noted, "Should this body* chose to adopt the tentative millage rate at 2.4500 and the Voted Millage at 0. 1100, these are the numbers that will go out on the TRIM (Truth in Millage) Notices in August." Further comments. "I WOULD LIKE TO MAKE A MOTION THAT WE ADOPT THE PROPOSED OPERATING MILLAGE RATE AT 2.4500 MILLS AND THAT WE ADOPT THE VOTED DEBT SERVICE MILLAGE RATE AT 0.1100 MILLS FOR A TOTAL PROPOSED MILLAGE RATE OF 2.5600." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MANAGER SMITH STATED, "COULD THE COMMISSION DO THAT THROUGH THE ADOPTION OF THE MOTION TO ADOPT RESOLUTION 2011 -33, BECAUSE THAT ALSO ADDRESSES OUR ROLLED BACK RATE AND ALL THE THINGS NECESSARY THAT WE NEED TO BE COMPLIANT; AND THEN ALSO SET A HEARING DATE WHICH IS ALSO A REQUIREMENT OF IT. SO, IF I MAY BE SO BOLD AS TO ASK MAYBE FOR A RECOMMENDATION TO ADOPT THE STAFF RECOMMENDATION. THAT WOULD BE ALL INCLUSIVE." MAYOR LACEY COMMENTED, "IS THERE ANY OBJECTION TO MODIFYING COMMISSIONER BONNER'S MOTION TO ADOPT RESOLUTION 2011 -33 AND ESTABLISH THE DATE OF SEPTEMBER 12 2011 FOR THE HEARING ?" COMMISSIONER BONNER AND COMMISSIONER BROWN STATED, "NO OBJECTION." NO OBJECTIONS WERE NOTED BY ANYONE. VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. Mavor Lacey* stated, "Proud to be a member of this body*. Thank you Commissioners." Commissioner Bonner added, "Just proud of our Staff, Mayor." CITY" OF WINTER SPRINGS, FLORIDA MINUTES ADJOURNMENT CITY" COMMISSION REGULAR MEETING —JULY 25, 2011 PAGE 24 OF 24 Mayor Lacey adjourned the Regular Meeting at 7:26 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO- LUACES, MMC CITY CLERK APPROVED: MAYOR CHARLES LACEY NOTE: These Minutes were approved at the 2011 City Commission Regular fleeting. CITY OF WINTER SPRINGS FLORIDA U tip Incorporated 1979 CITY COMMISSION MINUTES REGULAR MEETING MONDAY, JULY 25, 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 CIT\ COMMISSION REGULAR MEETING - JULY 25, 2011 PAGE 2 OF 24 CALL TO ORDER The Regular Meeting of Monday, July 25, 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). 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 The Pledge of Allegiance was followed by a moment of silence. ❖ ❖ AGENDA NOTE: DURING THE MEETING, THE FOLLOWING INFORMATIONAL AGENDA ITEMS WERE DISCUSSED, BUT NOT NECESSARILY IN THE ORDER DOCUMENTED IN THESE MINUTES. •:•+ 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 - JULY 25, 2011 PAGE 3 OF 24 INFORMATIONAL 101. Parks And Recreation Department REQUEST: Wishes To Provide The City Commission With A Recap Of The 2011 July 4 Celebration Of Freedom. FISCAL IMPACT: • $10,000.00 Rev- Budget • $14,950.00 Rev- Sponsorships $25,897.00 Expenditures ( *Includes Estimated Police Off) $ (947.00) Shortfall • $11,356.00 Total In Kind Donations 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: Parks And Recreation Recommends That The City Commission Receive And Review The Information Presented In This Agenda Item. Commissioner Rick Brown asked City Manager Kevin L. Smith, "I just want to know what the actual outlay was from the City of Winter Springs towards this event. It was unclear from the Agenda Item." Manager Smith explained, "We still have some payroll numbers that we need to finalize but right around, just under eleven thousand dollars ($11,000.00)." Commissioner Brown then inquired, "That was our portion ?" Manager Smith responded, "Yes." Commissioner Brown then asked, "How much of that was Public Safety ?" Manager Smith stated, "That's part of the numbers we're waiting on. Guesstimate, somewhere in the neighborhood of six thousand dollars ($6,000.00)." INFORMATIONAL 102. Parks and Recreation Department REQUEST: Wishes To Inform The Commission About New Dog Training Programs At Our Winter Springs Dog Park. FISCAL IMPACT: No City Expenditures. The Training Programs Will Be Coordinated Through A City Approved Standard Instructors Agreement For Programs. Revenues Will Be Based On Class Attendance And Pricing Structure With The Profit Sharing Arrangement Of 80% Instructor And 20% City. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 25, 201 1 PAGE 4 OF 24 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: Parks And Recreation Recommends That The City Commission Receive And Review The Information Presented In The Agenda Item. No discussion. INFORMATIONAL 103. Public Works Department REQUEST: Providing The City Commission Information Regarding The Completion Of The Ranchlands Paving Program And The Evaluation And Establishment Of Posted Speed Limits In The Ranchlands. FISCAL IMPACT: This Agenda Item Is For Information Only And Has No Fiscal Impact. 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 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 City Commission Review And Accept The Information In This Agenda Item. Commissioner Gary Bonner said, "I want to take a moment to really compliment Staff on AN extraordinary project that was really just very well done. Great communication; great finished product. The pictures speak a thousand words. I have heard nothing but great compliments from the citizens of that area. So Brian (Fields, P.E., City Engineer, Public Works Department), I just wanted to recognize you because I know that you led the effort there and it was just incredibly well done." "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 25, 201 1 PAGE 5 OF 24 CONSENT AGENDA CONSENT 200. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The July 11, 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 Applicable City Staff, eAlert /eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The July 11, 2011 City Commission Regular Meeting Minutes. No discussion. CONSENT 201. Police Department REQUEST: Requests The Commission To Approve The Expenditure Of $10,156.00 From Law Enforcement Trust Funds For The Purpose Of Purchasing An Electronic Fingerprint "Live Scan" System From Crossmatch Technologies Using State Contract Number 680 - 370 -07 -1. This Expenditure Will Be Equally Divided From Both The Local And Federal Trust Fund Accounts. FISCAL IMPACT: We Are Requesting The Expenditure Of Trust Fund Monies In The Following Manner To Relieve The Burden On Just One Single Trust Fund Account: Trust Fund Current Fund Balance Requested Expenditure Local LETF (Law $12,257.00 $5,078.00 Enforcement Trust Funds) Fund (103) Federal LETF (Law $14,210.00 $5,078.00 Enforcement Trust Funds) Fund (108) CIT OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 25, 201 1 PAGE 6 OF 24 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 Or 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: Approve The Expenditure Of $10,156.00 Of Law Enforcement Trust Funds For The Purpose Of Purchasing An Electronic Fingerprint "Live Scan" System From Crossmatch Technologies Using State Contract Number 680 - 370 -07 -1. This Agenda Item was not discussed. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of Commissioner Seat Three — The Honorable Gary Bonner REQUEST: Mr. Stephan Benson, Senior Associate Athletics Director Of External Operations For University Of Central Florida (UCF) Athletics To Present The Association's New Marketing Campaign And Fan Initiative, UKNIGHT And Get "THE PATCH ". Mr. Stephan Benson, Senior Associate Athletics Director for External Operations, University of Central Florida, 4000 Central Florida Boulevard, Orlando, Florida: addressed the City Commission and displayed a PowerPoint presentation about their marketing plan for their sports programs. With further comments, Mr. Benson shared University of Central Florida spirit; invited citizens to University Of Central Florida games; and spoke about the merits of their players, along with their accomplishments; the University Of Central Florida Coaches; ticket packets that are available; "UKNIGHT" and "THE PATCH" program. Mr. Benson then mentioned an event being held on September 3, 2011 and mentioned that they hoped Winter Springs would participate. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JULY 25, 2011 PAGE 7 OF 24 AWARDS AND PRESENTATIONS 301. Office Of The Chief Of Police REQUEST: Presenting Awards From The Winter Springs Police Department. Chief of Police Kevin Brunelle, Police Department spoke on promotions and the process related to these recent promotions. Corporal Brad Heath, Corporal John Maxwell, Corporal Nick Romano, and Corporal James Tally took the Oath of Sergeant reflecting their new promotions to Sergeant. RECESS Mayor Lacey called a Recess at 5:40 p.m. The Meeting reconvened at 5:44 p.m. 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 No Report. REPORTS 403. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Manager Smith left the Commission Chambers at 5:45 p.m. Commissioner Joanne M. Krebs commented about recent visitors of hers who had spoken well about their recent visit to Winter Springs. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JULY 25, 201 I PAGE 8 OF 24 REPORTS 404. Office Of The Mayor — The Honorable Charles Lacey Manager Smith returned to the Commission Chambers at approximately 5:48 p.m. Mayor Lacey stated that he had been asked if the City would be a Sapphire Sponsor for Leadership Seminole Government Day in the amount of five hundred dollars ($500.00). Discussion followed on City Officials participating in Leadership Seminole to which Mayor Lacey noted, "So, we will call it in -kind and ask that to be our sponsorship." Further comments. Commissioner Brown suggested that Leadership Seminole be encouraged to find corporate sponsors and the City continue to purchase a table at the Leadership Seminole Graduation event. With comments, Mayor Lacey summarized, "So, it is the Consensus of the Commission that we decline their kind request." Next, Mayor Lacey spoke about the City of Oviedo's recent request to be partners on our Christmas Parades, and although both cities had agreed to not be partners, Mayor Lacey mentioned that the City of Oviedo had now asked, "That we not conflict on our Parades. They are planning on doing their parade the second weekend in December and Chris (Caldwell, Director, Parks and Recreation Department) — you already have it on the calendar for us to do it the first weekend in December, correct? So, I would just like the Commission to essentially ratify that we are going to try to schedule away from their parade." Manager Smith added, "The Commission had previously directed Staff that we have it on the first weekend in December so it worked out this year, but I don't know in future years." Commissioner Brown suggested, "Try to coordinate." Commissioner Krebs added, "I would say I would try, but I am not going to commit ever." Mayor Lacey summarized, "So, we will stick on the first weekend this year and next year, we will work it out." Mayor Lacey then commented on the Business Advocacy Group led by former Mayor John Bush. Mayor Lacey mentioned that members of the Business Advocacy Group have mentioned their interest in meeting with Members of the City Commission individually on possible directions. Mayor Lacey added, "If at all possible, they would like to schedule that in a series of meetings where three (3) or four (4) of them would come in, not the whole Committee, and meet with you serially, in one of our conference rooms. So, just be ready for that request if it does come." Continuing, Mayor Lacey stated, "I went to the Mayors and Managers meeting, along with our Manager, and this was a working session to discuss the School Board's funding needs that are going to be coming up at the meeting tomorrow night, I think all of you are aware of. And at that meeting, Dr. (Bill) Vogel (Superintendent. Seminole County Public Schools) presented the slide that I had Chris (Edwards, Web Multimedia Technician, Information Services Department) put up there which if any of you have heard Dr. Vogel speak in the past year or so, you are probably familiar with that slide. It is pretty much..." Commissioner Brown said, "...It looks like ours..." Mayor Lacey then remarked, "...Similar to what we have seen. Well exactly. Bear with me one moment Commissioner. Bear with me one moment. In the course of the meeting, I looked at that and I have got my own visceral feelings about it, but the more and more I thought about it and at this point in the process, I don't see that Winter Springs has a dog in this fight, so I tended to stay silent. Now, the County Commission, a few weeks ago Voted down three -two (3 -2) the proposal for a Penny Sales Tax similar to the current second generation Sales Tax that would be shared among the County, the City, and the School Board. So, with that decision the School Board is looking for alternative solutions and they put this slide up to indicate the peril that they feel and their ask is to move on to a one (1) millage — one (1) mill increase in Property Taxes and to have a Special Election this coming November for Seminole County to Vote on it. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 25, 2011 PAGE 9 OF 24 So, as I looked at this graph, I thought to myself, and I feel like Commissioner Brown is in my head, and what I said to Dr. Vogel was as I look at that, I don't see that that is very much different than what a graph of Winter Springs' revenues would look like. Chris (Edwards), would you go to the next slide. And, so I went back and asked Shawn (Boyle), what does our picture look like for that; and he gave me these numbers which are fairly eerily similar. So, I did a little more work on it, Chris (Edwards), would you go to the third slide. And I did my own graph to try to normalize the School Board proposal and what our numbers look like, and if you will look on the left — I will point to it; the approach I took — it begins at `2007 -08', which is where their numbers are and I used that as a hundred percent (100 %) number. If Winter Springs and Seminole County Public Schools all started at the same place, `2007 -08', we both declined to that level, in fact Winter Springs is this lower graph here, okay. We are actually a little bit below the next year where they are, and the following year, we are substantially below. Now, if you know Dr. Vogel's graph, he shows two (2) lines. This is their recurring revenue line and this is that line as disturbed by the Obama initiative money that the School Board got. So, either line you take a look at, Winter Springs when you get to `2009 -10', is significantly below either one. In the current Budget year that we are in now, we both didn't suffer quite as much, but we are still below their line and the budgeted number going forward is very similar; but, we are still below what they have. So, my instinctive response to Dr. Vogel is born out in these pictures. Now, I think the difference is our response to that curve and when I said before, Winter Springs didn't have a dog in this fight, I started thinking, well, perhaps we do. Because their response is to solve their problems with a one (1) mill increase. Winter Springs has taken a different approach and for two and half (2 '/2) years, we have been working aggressively to provide our City services within the constraints of the revenues that we have. I don't think there has been any serious consideration put on the table, for us to increase the taxes in Winter Springs. Now, the Manager and his Staff and in fact all the Employees have had to make some - painful personal choices on how to cope with that. And, we saw it with the Pension discussion we have had. We have seen it with Staff that have retired, that haven't been replaced. Now in that time frame, well in the past two (2) years, we have gone from I think the number is 234 to 217, 200 and probably as we actually enter into next year, we will be below 200 Employees so we have taken about a — twenty percent (20 %) cut, forty (40) people or so, in our head count to try to make things work. And I think that that is the approach that should be taken. So, all this is leading up to say that there is a meeting tomorrow night and I have my opinion where we are going to. I have stated what I think the approach is. I am not sure the form of the meeting, whether there will be an opportunity for me to speak or to express our will; but, I wanted the Commission to know what I had said at the Mayors and Managers meeting last week and that my inclination is to take similar positions at the meeting tomorrow night; and so, if there is any input from the Commission that you would like to provide me before we go into that meeting, I would welcome it at this point. So, I have got two (2) lights on. I think Commissioner Brown was first." Commissioner Brown commented, "Thank you Mayor. I was in your head partially. I have seen Dr. Vogel's presentation more than once this year to say the least, and I am always taken aback by the fact that it costs the School Board roughly four (4) times our citizens of Winter Springs in taxes, what it takes to run the entire City. And each time, I would see Dr. Vogel in a public forum, wringing his hands over not having any money - he is usually accompanied by his Budget Director, his Finance Director, his Deputy Superintendent, and a Secretary..." Mayor Lacey said, "...If I may interrupt, at the meeting Tuesday, we had paid Staff with Kevin (Smith) there, and me. There were four (4) paid people from the School Board at that meeting..." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JULY 25, 2011 PAGE 10 OF 24 Commissioner Brown continued, "...And I have yet to see a serious attempt at cutting administration costs out of the School Board. Nobody wants to cut classroom funding, but they have balked at every request or every suggestion that they go to a zero -based Budget and re -build from the bottom up and look for areas where they can cut dollars and money. We have historically seen them out of their Capital Fund, want to increase taxes while they have donated money out of the Capital Fund to the Zoo, the last time it came forward. I am just — I don't want to see any classroom funding cut, but I am not sure I want to see further monies going until we actually see an honest attempt at budget cutting or restructuring, that all the cities have had to do." Mayor Lacey commented, "I think that is accurate. It is hard for me to see where all this funding — actually makes its way into the classroom. Commissioner Resnick." Commissioner Cade Resnick remarked, "Thank you. I agree with you. I would like to know where the money comes into the classroom as well. Being a Teacher, that pretty much is my stake on it; but, actually I had two (2) questions for you Mayor. My question to you goes to that Mayors and Managers meeting. You mentioned one (1) mill now. Does that mean there is going to be another mill asked later? Another one point five (1.5)? Another two (2)? Or is he sticking by, `This is all we need and it is an absolute number'." Mayor Lacey responded, "I hate to predict, but all I can say, the context of that meeting was to focus on the one (1) mill. I have to say the County Commission has some leverage in terms of when an Election is held and how it is done and obviously they have decided not to do the Sales Tax. But it is interesting that the School Board put forward a Sales Tax Half Penny last November and they were hoping for this third generation Penny to go forward now. But, in the course of the meeting this past week, they really had zero interest in a Sales Tax Penny because that gave them Capital dollars and they are quite insistent. I think they are right; Capital dollars don't do them much good, when according to the Sentinel they are 9,600 seats over capacity now. What they need are either operating dollars or I would say, operating efficiency. So, to answer your question more directly Commissioner Resnick, they are only talking now about the one (1) mill increase. And one other thing I did say at last weeks' meeting was that, look at it from the point of view of our Staff. If we were to come back and say we want to increase taxes in Winter Springs by one (1) mill, every problem in the world here would be solved; we would be flowing in money..." Commissioner Krebs said, "...Yes..." Continuing, Mayor Lacey noted, "...And, again that is not the approach we have taken. I just think it is almost a slap in the face to the Employees of Winter Springs. Now, my first consideration is the taxpayer of Winter Springs; but secondly, I look at the Employees who have worked so hard to try to do more with less and then to be able to see another governmental entity come in and say, `Well, a mill. We will just take a mill. It solves our problems so we will go that way'. I don't know how I look our Staff in the eye and tell them that — that choice is out there. Go ahead Commissioner." Commission Resnick stated, "The other question I had for you, which you are sitting at that meeting, as they fell to the half penny Sales Tax, are any other options being discussed, or is this the only one..." Commissioner Brown mentioned, "...The only one I think..." Mayor Lacey stated, "...Yes. I think there are three (3) options. There is a Millage increase; there is a Sales Tax increase; and there is cutting expenses and the latter has never been discussed or considered, as far as I can tell. Deputy Mayor Hovey." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 25, 2011 PAGE 11 OF 24 Deputy Mayor Jean Hovey remarked, "I just wanted to make a couple comments. While I don't think that I agree with them asking for the money, I just wanted to let Commissioner Brown know, that I don't think that they donated to the Zoo in a number of years which is good; but, like Longwood, I think Winter Springs will be affected next year because we have so many Elementary Schools and even with the kids from Longwood moving into three (3) of our schools, those three (3) schools are still well under capacity. So, it could mean another shift of students from those three (3) zone schools, Winter Springs (Elementary School), Highlands (Elementary School), and Layer (Elementary School). Again, moving them further east or however they decide to do it, because I don't think the Longwood closing is the last of the schools closing in Seminole County." Mayor Lacey commented, "Commissioner Brown." Commissioner Brown said, "I respect your opinion Deputy Mayor, however, even at this last meeting, I believe Dr. Vogel, if what I saw and heard were correct - of course I wasn't at the meeting, and someone who was can correct me. I think he actually stated that without the last increase was the reason that Longwood ended up closing. Is that right ?" Mayor Lacey explained, "He made that case I believe, but Mayor (Joe) Durso did not accept that..." Commissioner Brown then noted, "...Well..." Mayor Lacey continued, "...Reasoning, and apparently there were background conversations that did not substantiate..." Commissioner Brown stated, "...And neither did I because the last increase I thought was for Capital..." Deputy Mayor Hovey remarked, "...It was..." Commissioner Brown then commented, "...And the closing of the school was due to operating..." Deputy Mayor Hovey added, "...Right, right..." Mayor Lacey said, "...Right, right..." Commissioner Brown then continued, "...And yet he made that case in public previously. So, that was the first one. And the other, I wanted to go back to something you said when you were talking about it being a slap in the face to the Employees of Winter Springs and to our citizens. You know when our City Manager took over, and went to zero -based budgeting and not only did we find three million dollars ($3,000,000.00) in the Budget that we didn't know were there, and the School Board has yet to even attempt to do that in theirs. Not knowing what financial position we would emerge that first year from, we talked about there being a Budget Director and a Finance Director and a Deputy and a Secretary — our City Manager did all four (4) of those jobs for over the first year, because we didn't know what kind of position we were going to be in. And so I agree with you. I think it is an extreme slap in the face not only to our citizens asking them to increase without knowledge of how much of that dollar is actually going back into the classroom and you can go back to the United Way arguments — I don't think it is the right approach." Mayor Lacey recognized, "Commissioner Krebs." Commissioner Krebs stated, "I agree with both Commissioner Brown and the Mayor; and I really do believe that they need to, they the School Board, needs to really take that effort to look in other areas — just simply, dig down and do it. It is not going to be pretty. I am sure they are not going to like what they are going to have to do; but, I don't think we did either. And, who knows. As far as the schools, the possibility of more school closings, you know, I have seen that in other areas, and in particular, the area that I used to live in, the City /Town grows up and people don't move away because they like it so much here, and I would like to think that is what they do. And honestly, if I was moving into an area, I would rather see quality education, be it right in my neighborhood or if my children were bused to a different neighborhood because of school closures or less amount of schools, I would rather have the quality there than I would supporting all these schools at another mill and then — in two (2) years from now, another mill because everything is falling apart and we still have to — I just think they have to, they just have to hold the line at some point; they just have to hold the line." Mayor Lacey commented, "Commissioner Bonner." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 25. 2011 PAGE 12 OF 24 Commissioner Bonner noted, "Mayor, the solution is not raising taxes on our citizens at this time. I would ask that you carry forward the Winter Springs example message of what can be done if you take the approach of not burdening your citizens, asking them for more taxes; but, actually working hard and in partnership with your Staff on seeing what can be done. So, please do carry that message forward." Mayor Lacey then said, "Thank you Sir. Commissioner Resnick." Commissioner Resnick remarked, "Just to carry on with what Commissioner Bonner was saying, if you do send that message across, also say that although Winter Springs would prefer that we don't raise taxes; if we do happen to lose out in this battle, that the money be used for operational which brings the money to the classrooms, and not for Capital." Mayor Lacey added, "Absolutely..." Commissioner Brown said, "...Which we haven't seen before." Mayor Lacey again stated, "Absolutely. Commissioner Brown." Commissioner Brown commented, "And Mayor, I would just respectfully request, so that there is absolutely no opportunity to misconstrue what our conversation was here tonight, can we please forward a transcript of the discussion to the School Board..." Mayor Lacey noted, "...Of tonight's discussion..." Commissioner Brown said, "...Of what we have heard tonight..." Mayor Lacey stated, "...Absolutely. Okay." Commissioner Brown commented, "Thank you." Mayor Lacey added, "Yes, I will make sure we do that." Commissioner Krebs remarked, "Mayor, one more..." Mayor Lacey stated, "...Yes Commissioner..." Next, Commissioner Krebs continued, "...One more question. Out of our — and maybe Kevin (Smith) you can answer this question or Shawn (Boyle, Director, Finance and Administrative Services Department) if Shawn (Boyle) is around, what percentage is our school tax now, of our tax bill, right off hand ?" Manager Smith responded by saying, "Approximately fifty percent (50 %)." Commissioner Krebs stated, "Fifty percent (50 %)." Manager Smith added, "...The City is roughly fourteen percent (14 %), the School Board I think is fifty or maybe just under that." Commissioner Krebs noted, "Because, going back to where I used to live, the taxes were so high and the school was huge. I mean you had people who had to leave simply because they couldn't afford the taxes. I mean they literally retired and couldn't afford to pay — they didn't owe any more money on their home, but they couldn't afford the taxes." Mayor Lacey mentioned, "And just to augment that..." Commissioner Krebs stated, "...Now that is pretty bad." Continuing, Mayor Lacey remarked, "I would add one thing — keep in mind, a couple of years ago, the Legislature..." Commissioner Krebs noted, "...That is runaway taxes...." Mayor Lacey added, "...Gave an extra twenty -five thousand dollar ($25,000.00) Homestead Exemption that we don't get as revenue... Tape I /Side B ...the School Board from that extra Exemption. So, they complain a lot about the Legislature, but it looks like at every turn I see, the Legislature is giving them more and more ability to tax, compared to us." Commissioner Krebs stated, "I think one of the hardest things in situations like this, especially where you are talking about children's Education, or Public Safety is to say `No'. That is really, really hard — but it is an easy tool to use when you want to obtain some more money." Mayor Lacey concluded the discussion by saying, "Well, thank you Commissioners. Appreciate your support." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 25, 2011 PAGE 13 OF 24 REPORTS 405. Office Of Commissioner Seat One /Deputy Mayor — The Honorable Jean Hovey Deputy Mayor Hovey mentioned the Seminole County Public School's meeting with Seminole County and the Seminole County cities scheduled for Tuesday, July 26, 2011. Brief discussion. REPORTS 406. Office Of Commissioner Seat Two — The Honorable Rick Brown Commissioner Brown inquired, "Where are we with our Joint meetings with Oviedo ?" Mayor Lacey mentioned that the last meeting was on November 10, 2010 and "At that meeting we did not schedule another one. So, it is up to the initiative of either Commission or Council to decide if they want another one." Secondly, Commissioner Brown noted that he is closing the Barnie's Coffee & Tea Company in the Winter Springs Town Center, Saturday, July 31, 2011. Discussion. REPORTS 407. Office Of Commissioner Seat Three — The Honorable Gary Bonner No Report. REPORTS 408. Office Of Commissioner Seat Four — The Honorable Cade Resnick Commissioner Resnick mentioned not being at the last City Commission meeting, but wanted to communicate, "To the whole Police Department, thank you for working with us on the west side; for the fireworks." Commissioner Resnick also thanked the Police Department for their assistance regarding helping with very late evening fireworks in neighboring cities; and added, "For everything you did for the 4 of July as a City." Next, Commissioner Resnick mentioned a recent Oviedo - Winter Springs Regional Chamber of Commerce meeting, and that two (2) individuals had left the Board, including Ms. Mary Alice Wilder. Commissioner Resnick mentioned that the "Winter Springs Festival of the Arts" was discussed and added, "I shared with them that they need to keep in contact with us as we move forward with this." Commissioner Resnick also noted that a resident who was in City Hall today had asked for a flyer for the "Winter Springs Festival of the Arts" and suggested flyers be made available. ❖❖ AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS DISCUSSED NEXT, AS DOCUMENTED. •❖ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- JULY 25, 2011 PAGE 14 OF 24 REPORTS REPORTS 406. Office Of Commissioner Seat Two — The Honorable Rick Brown Commissioner Brown mentioned his Coffee Meetings on most Mondays and explained with the closing of Barnie's Coffee and Tea, "Starting next Monday, I am going to be moving that meeting to the "Leonie Home Style Cooking" restaurant. Commissioner Brown added that the time that his Coffee Meetings would now start at 8 a.m. and that "I will be there at least from 8:00 — 9:00 (a.m.)." PUBLIC INPUT Ms. Nancy Dzamba, 305 Twelve Oaks Drive, Winter Springs, Florida: speaking on behalf of the Winding Hollow Homeowner's Association, Ms. Dzamba commented on the RaceTrac gas station and asked that the City not allow a RaceTrac gas station to be built on the proposed site; and also inquired if the City had received an application for this potential project. Next, Ms. Dzamba thanked Commissioner Brown for his Barnie's Coffee & Tea Company business, and said that the Seminole Cyclists Club had been meeting at his Barnie's Coffee & Tea Company in the Winter Springs Town Center and they were sorry he was closing his business. Mr. Joseph Deas, 241 North Edgemon Avenue, Winter Springs, Florida: noted that he owned some property on Lori Anne Lane and asked if a YMCA could be built on neighboring Moss Road and whether zoning could be changed for such a project. Mayor Lacey suggested Mr. Deas speak with Mr. Randy Stevenson (Director, Community Development Department) and he would give him his contact information. Mayor Lacey added that should Mr. Deas have anything additional for the City Commission, to of course come back. Mr. Kevin Cannon, 174 Nandina Terrace, Winter Springs, Florida: commented on his concerns with Public Hearings Agenda Item `501' related to home based occupations, the Ordinance definition for a home based business, and signage. Mayor Lacey suggested he meet with Mr. Stevenson on this proposed Ordinance. Commissioner Brown suggested that Mr. Cannon get with Staff to review the proposed Ordinance. Further comments. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The Chief Of Police And Office Of The City Attorney REQUEST: Request That The City Commission Consider And Adopt Ordinance 2011 -10 On Second Reading. FISCAL IMPACT: Effective October 1, 2011, Florida Law Will Impose Penalties On Individual Officers And Employees And Local Government Agencies Who Violate The State's Preemption. If The Ordinance Is Adopted, It Will Mitigate Against Such Penalties Being Imposed On The City And Its Officers And Employees. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 25, 2011 PAGE 15 OF 24 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. RECOMMENDATION: The Police Chief And City Attorney Recommend The City Commission Approve And Adopt Ordinance 2011 -10 On Second Reading. Attorney Garganese read Ordinance 2011 -10 by "Title" only. Further brief comments. 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 -10)." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BROWN. 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 First Reading Of Ordinance 2011 -08, Which Revises The Regulatory Language For Home Occupations And Home Offices In The City's Code Of Ordinances. FISCAL IMPACT: While There Is No Immediately Measurable Fiscal Impact Associated With This Ordinance, The Intent Is To Create A More Predictable And Defined Framework Within Which Home - Based Businesses Can Be Fostered And Become Viable Within The Residential Portions Of The City Without Becoming A Potential Nuisance To The Neighborhood. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 25, 2011 PAGE 16 OF 24 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 And The Planning And Zoning Board Recommend Approval Of The First Reading Of Ordinance 2011 -08, And Moving Said Ordinance Forward To Second Reading. "MOTION TO READ BY `TITLE'." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2011 -08 by "Title" only. Mr. Stevenson addressed the City Commission on this Agenda Item. Mr. Bobby Howell, AICP, Senior Planner, Community Development Department spoke on this Agenda Item and Ordinance. Mayor Lacey opened the "Public Input" portion of the Agenda Item. Dr. Ted Johnson, 1107 Pheasant Circle, Winter Springs, Florida: commented on his concerns with local home based businesses, traffic, signage and suggested the City Commission slow down their processing of this Ordinance. Discussion followed on the number of home based businesses, concerns with landscaping businesses based out of residences, related signage, and equipment for home based businesses. Mr. Stevenson commented on types of home based businesses that are permissible and types not allowed. Chief of Police Kevin Brunelle, Police Department addressed ways Code Enforcement could assist and that Complaints to Code Enforcement can help alert them to problems. Chief Brunelle said that he would check into landscaping businesses and employees coming into residential areas to get work orders. Discussion followed about excessive delivery trucks to residential areas and home based businesses; along with what was considered troublesome and a disturbance. Manager Smith said to Mr. Stevenson, "Other than the increase from twenty percent (20 %) of the air - conditioned space to thirty percent (30 %), and the allowance for some accessory building to be utilized for the home purpose, do you see anything in this Ordinance that would make the permissible uses more general or would allow anything — worse than we have now ?" Mr. Stevenson responded, "No and again, we've more accurately defined a lot of the prohibitions to home based businesses in this Ordinance." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 25, 2011 PAGE 17 OF 24 M. Beth King, 1478 Connors Lane, Winter Springs, Florida: asked if no customers are coming to a home based business, then why would any signage be needed. Mr. Stevenson stated, "This is a decrease in what we currently have." Furthermore, Mr. Stevenson added, "I don't believe Staff would have a problem if the Commission decided to say there is no exterior signage allowed whatsoever." Commissioner Brown suggested, "Except for grandfathering in those that already have signs of course." Mr. Stevenson remarked, "That's correct." Ms. Mary Alice Wilder, 890 Northern Way, Suite A -1, Winter Springs, Florida: mentioned she has been a business owner in Winter Springs for many years; and spoke of home based businesses, signage, credible businesses, and said that a "Valuable business is going to open up their doors somewhere." Ms. Pam Carroll, 865 Dyson Drive, Winter Springs, Florida: also inquired about why signage is needed for home based businesses that should not have customers; and mentioned that signage could ruin the looks of a residential community. Ms. Carroll added her concerns with the City and Code Enforcement not having power to make changes. Ms. Carroll also questioned item 3 on page 4 of the Ordinance, and was concerned about excessive signage in residential areas. Mayor Lacey closed the "Public Input " portion of the Agenda Item. With further comments about this Code, Commissioner Brown mentioned being agreeable to not permitting any signage, should the City Commission agree on this. Commissioner Brown added, "I am not so sure just because we reduced the size that we would see a proliferation of signage everywhere." Commissioner Bonner asked if there were any time constraints to get this Ordinance approved during this meeting? Mr. Stevenson responded by saying, "No Sir. Again, this is just part of the on -going efforts to try to clean up certain sections of the Code and to clarify and to add some more specifics where Staff felt necessary, but there is no pressing need." Commissioner Bonner remarked about his concerns with comments from citizens who have asked that more time be given to review this issue. "I WOULD LIKE TO MAKE A MOTION TO TABLE THIS ITEM OR TO POSTPONE." MOTION BY COMMISSIONER BONNER. ATTORNEY GARGANESE SUGGESTED, "I WOULD RECOMMEND IF YOU WANT TO BUY SOME TIME TO POSTPONE IT TO A DATE CERTAIN, IN ORDER TO PRESERVE EXPENSIVE ADVERTISEMENT FOR FIRST READING." COMMISSIONER BONNER NOTED, "AGREED." DISCUSSION FOLLOWED ON A DATE FOR POSTPONEMENT. Tape 2 /Side A COMMISSIONER BONNER CONTINUED, "I WOULD LIKE TO MAKE A MOTION TO POSTPONE THIS ITEM TO A DATE CERTAIN, THAT TO BE BACK BEFORE US IN THE REGULAR COMMISSION MEETING ON AUGUST THE 22 (2011)." SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. COMMISSIONER BROWN INQUIRED," SHOULDN'T WE BE PASSING THIS ON FIRST READING AND THEN COMING BACK BECAUSE OF ADVERTISING FOR THE SECOND READING ON THAT DATE CERTAIN, WHERE WE CAN MODIFY A CHANGE ?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JULY 25, 2011 PAGE 18 OF 24 ATTORNEY GARGANESE REMARKED, "YOU WILL BE ABLE TO MAKE CHANGES. POSTPONING IT AT THIS TIME WILL POSTPONE FIRST READING. WE'VE ALREADY READ IT INTO THE RECORD; SO, IF WE POSTPONE IT TO THE 22 (AUGUST 2011), WHEN THE 22 (AUGUST 2011) COMES, WE'LL PICK RIGHT BACK UP WHERE WE LEFT OFF." MAYOR LACEY SUMMARIZED THE MOTION AS, "THE MOTION IS TO POSTPONE ITEM `501' UNTIL THE MEETING OF AUGUST 22 (2011)." MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. PUBLIC HEARINGS 502. Public Works Department REQUEST: Requests The City Commission Review The Final Engineering/Site Plan And Aesthetic Review For The Lake Jesup Reclaimed Water Augmentation Facility Located At The Northwest Corner Of Central Winds Park Near The Shore Of Lake Jesup. FISCAL IMPACT: This Agenda Item Is Requesting Approval Of The Final Engineering /Site Plan And Aesthetic Review, Which Has No Fiscal Impact. At The July 11, 2011 City Commission Meeting, The Commission Authorized Entering Into A Contract For Construction At A Cost Of $2,325,293.30. 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 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 Approve The Final Engineering /Site Plan And Aesthetic Review For The Lake Jesup Reclaimed Water Augmentation Facility. Mr. Fields gave an overview of the project and a PowerPoint presentation was displayed. A sample of the proposed color for the stucco finish was shown to the Mayor and City Commission. Commissioner Krebs mentioned that she recalled a previous discussion where the project was described as being somewhat "Stealth" and it would be a multi - purpose facility. Mr. Kip Lockcuff, P.E., Director, Public Works /Utility Departments explained, "We're not saying `No.' We're designing it to do that in the future but it's not necessarily a part of this Approval. Because, as we went through the DRC (Development Review Committee) process to create — a formal public use would require more improvements than we currently have in the Plan. The Manager has asked for a list of what all those improvements would be. For example, you'd have to meet ADA (Americans with Disabilities Act) requirements for a ramp that's with slope. We had a sidewalk in there — you have got to have landings every twelve feet (12')." Mr. Lockcuff added, "It's semantics. If it's a dock, it doesn't require any railings. If it's a pier, you can't allow a four inch (4 ") wall to go through it. So, we're trying to work through what issues — what needs to be a more formal public use facility." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JULY 25, 201 1 PAGE 19 OF 24 Commissioner Krebs noted that "It just seemed like here is what we are going to do and look what we can do with this. It won't look like what it sounds like." Mr. Lockcuff remarked, "The earlier conversations were the whole Civic Center concept and this could be an amenity to that, and it still can be. I think that's what we're building. I think what Brian (Fields) has said and then what we found through DRC (Development Review Committee) is we don't have paved parking, we don't have a handicapped spot, we don't have a handicapped ramp from there all the way out on the pier. Not to say someone couldn't still use these facilities but if we were going to formalize and advertise it as the Winter Springs Pier, we would probably have to do some additional improvements. But nothing we're doing here would preclude those improvements..." Commissioner Krebs noted, "...Some day." Continuing, Mr. Lockcuff stated, "Yes. It's more ADA (Americans with Disabilities Act) driven than anything else. And like I said, the Manager has asked for kind of a breakdown of what it would take cost wise to make this a fully functional park in and of itself. But our intent all along and I thought what we presented to the Commission is we would design it to not preclude any of those activities in the future." Deputy Mayor Hovey said to Commissioner Krebs, "I remember the dock — and all those things that you just mentioned." Mr. Lockcuff stated, "And we could add that to the General Fund wish list. I think that's kind of what the Manager is looking at me for - a breakdown of what those costs are." Commissioner Krebs remarked, "It wasn't a wish list that I understood. It was the way it was going to be. That is what we were putting in. And so now, I am understanding something a little bit different and so I am pretty disappointed right now." With further comments, Mayor Lacey asked Mr. Lockcuff, "Under this Plan, is it now available for the public to walk on that ?" Mr. Lockcuff explained, "We have nothing that would preclude the public from going out on there. Is it designed as an amenity that we're going to advertise to invite people down so that we fully comply with all ADA (Americans with Disabilities Act) Codes. It is not." Mayor Lacey added, "But we are not going to prohibit the public from walking on it." Mr. Lockcuff responded by saying, "That's my intent." Commissioner Brown brought up his previous recollections and mentioned he had just asked Manager Smith, "Could the dock not be expanded to offer some form of water -based commerce, because that is what I remembered." Commissioner Brown added that he had recalled a discussion the Commission had related to a proposed water taxi business. Commissioner Brown further stated, "I remember the facility was going to be a public facility..." Commissioner Krebs remarked, "...Right. Tables too." Continuing, Commissioner Brown commented that "If not formally, we had previously discussed the opportunity to doing some sort of water -based activity there; either as a public - private or as a private. And - the City Manager's response was and very rightly - we can do that but obviously we can't pay for it." Further comments. Commissioner Brown said to Mr. Lockcuff, "So, when you say at some time in the future, is that like next week, if somebody came forward with a Business Plan ?" Mr. Lockcuff commented, "Whenever someone came forward, our intent is that this would be compatible with some future use." Mr. Lockcuff then referenced a previous suggestion of a boat ramp and said, "And that is kind of why it's all pushed over to the one side. Still have plenty of room to do something like that, if that's something the Commission wanted to consider in the future." With discussion, Mr. Lockcuff added, "We were just trying to make sure we had the ability for those options in the future. Now, could we throw picnic tables on top of that? Sure we could." Commissioner Brown suggested, "And expand the dock." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 25, 2011 PAGE 20 OF 24 Commissioner Resnick mentioned his concerns with issues as a result of us not being ADA (Americans with Disabilities Act) compliant and recommended, "If we go halfway, why not just finish the project? " Deputy Mayor Hovey said to Mr. Lockcuff, "We could in the future, if we wanted to add those other things on to it. We could, if we came up with money." Mr. Lockcuff responded, "That's our intent. Yes." Commissioner Brown asked if "No Tresspassing signs" were needed, because the City is complying with ADA (Americans with Disabilities Act) access. Attorney Garganese explained. "If you're going to allow public access to the facility, then you're going to have to address ADA (Americans with Disabilities Act) requirements." Furthermore, Attorney Garganese noted, "If it's a public access facility, it's going to have to meet the ADA (Americans with Disabilities Act) requirements." Deputy Mayor Hovey mentioned her concerns with the new Charter Elementary School going in, which would be close to this new facility. Commissioner Krebs pointed out that "We don't have many opportunities to have a lake view and I think we talked about this. And once this big tank — goes in, it blocks it. It doesn't look nice and it is really out there, so you came up with this neat plan to have it blend into the environment, so to speak; but also becomes something more of an asset. It is something that could be useful, not also blocking the view." Commissioner Krebs noted that this is what she was in favor of; and added, "The citizens had invested a lot of money over there, we had all paid for it." Commissioner Krebs noted, "It was going to benefit a lot of different ways in the community. The water, being able to at least be visually appealing, Lake Jesup, as much as it can be. So, that is what I Voted on. So, I never imagined that it wasn't going to be all done like that, period. When it was finished it was going to have that, it was going to be that feature. That is what I Voted on. And so I am just really pretty confused now why we didn't know that — why it wasn't at least made clearer to me and it seems, to a few other people on this dais, that in fact, that is just an option, and there are other things involved; that we wouldn't have enough money for this project to be completed in its entirety, not just piece it together." Mayor Lacey clarified with Attorney Garganese, "The Plan as presented really can't go forward just that way. If it is physically structured the way it is, which I believe is basically, it is accessible to the public, but we are not going to advertise it as such; you are saying, that is not possible. It really has to be prohibited to the public under the current design. Is that correct ?" Attorney Garganese explained, "I am really addressing the facility. There was discussion about someone walking up on top of the tank with a handrail - without complying with ADA (Americans with Disabilities Act), you can't make that open to the public. By invitation there is no compliance with any ADA (Americans with Disabilities Act) requirements. Now, if you're talking about access just to the land itself, that's another issue that we could look at, but in terms of accessing a facility, it would have to be definitely ADA (Americans with Disabilities Act) compliant." Mayor Lacey stated, "Do I take from that that means that it is our obligation to expressly prohibit the public from going on to this facility ?" Attorney Garganese responded, "That would be recommended - a public utility facility shouldn't be accessed by the general public. I would think that that would not be an appropriate thing for the City to invite people to go on to that type of facility because of the possibility of damage to the facility, possibility of liability in the event that they became an attractive nuisance for children to play." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 25, 2011 PAGE 21 OF 24 Mayor Lacey suggested, "To me, that boils down to really two (2) options, either proceed with this Plan and prohibit the public access to that facility; or go back and study the Plan to see what it would take to make it a fully public accessible facility..." Attorney Garganese added, "...Or part of it accessible, if you want to look at lake access." Mr. Lockcuff noted, "It's really the lake access issue. The tank — there is nothing wrong with the tank ADA (Americans with Disabilities Act) wise. Right? Straight out level. Anybody could walk out there. It's only the railing that is maybe an issue we ought to look at." Commissioner Brown asked, "Is it ground level ?" Mr. Lockcuff continued, "Yes. And that is the intent and I guess we didn't share our visions; so, the tank is buried as you walk out on it. It has a little exposure on the side." Mr. Lockcuff added, "We really think we've built this as low a profile, low visibility as we possibly can." Commissioner Krebs noted, "You are talking about one thing, but I am talking about the completed, in my mind project, not just that." Mr. Lockcuff said, "It was talked about with the Civic Center and all that — that was somewhere in our Concept Plans." Mr. Fields added, "I think the site can be brought into compliance with ADA (Americans with Disabilities Act) standards with very minimal site modifications that we looked at. That it can be considered open and accessible to the public. Now is it an attractive nuisance because you have a walkway, an area on top of the tank. That's a different situation. As far as meeting minimum Code, ADA (Americans with Disabilities Act), this Site Plan can easily be modified if you do an unpaved handicapped parking space, similar to other areas of the park, including the Dog Park to have that access. That can be done." Mr. Lockcuff added, "We don't have the cost information for that, at this point. But there's nothing here to preclude that." Mr. Terry Zaudtke, P.E., DEE, Executive Vice President, CPH Engineers, 1117 East Robinson Street, Orlando, Florida: addressed the City Commission on the proposed Plan and stated, "One of the things we did do was bring that tank down so that on the — south end, that that tank is flat, coming off the grade. So, as you're coming down there — when you're walking from the south to the north, towards the lake, you're not seeing that tank at all because that is grade at that point. And I remembered that that was a concern — and you wanted to keep that as open as possible, so we buried this tank, and we had to do some structural things to be able to do that. So, that is built into the cost." Mr. Zaudtke added, "You can have landscaping and so forth around there as well. But I mean that was the major concern. The other one that I believe that we addressed too was moving the facility all the way over to what I would say would be the left, as you're looking to the lake. Moving it all as far to the — left there. And we changed the equipment that we're using to a different filtration method." Further comments. Mr. Zaudtke then further commented on the equipment and explained, "So, we've occupied less space with equipment, trying to address that same aesthetics issue. If we haven't met your overall needs, we need to understand what those are, so we can then proceed to investigate it." Regarding a dock or pier, Mr. Zaudtke noted, "I don't see that there would be any problems with utilizing it as a dock versus just a pier out there. The structure would be sound." 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 25, 2011 PAGE 22 OF 24 Manager Smith remarked, "It's clear to me that the majority of this Commission does not feel like this Agenda Item addresses what they expected. That's not acceptable. I would humbly request that the Commission take no action on this Agenda Item and allow Staff an opportunity to do a little bit more work." No action was taken by the City Commission. REGULAR AGENDA REGULAR 600. Office Of The City Manager REQUEST: Requesting That The City Commission Consider Approval Of Resolution 2011 -33, Computing The Proposed Operating Millage Rate For Fiscal Year (FY) 2011 -2012 At 2.4500 Mills And Voted Debt Service Millage Rate At 0.1100 Mills Establishing The Rolled -Back Rate, And Setting The Date, Time And Place Of A Public Hearing To Consider The Proposed Millage Rate And Tentative Budget For Fiscal Year (FY) 2011 -2012. FISCAL IMPACT: In Periods Of Declining Property Values, The Decision To Maintain Or Lower The Millage Rates Will Result In Less Ad Valorem Revenue Than The Prior Year. In Order To Maintain A Flat Voted Debt Millage Rate A Transfer From The General Fund To The Central Winds General Obligation Debt Service Fund ( #225) Will Be Necessary In The Amount Of $55,500.00. Both Scenarios Have Been Programmed Into The Fiscal Year (FY) 2012 Proposed Budget. 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 Applicable City Staff, eAlert /eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. The Budget Calendar Has Been On The City's Website Since Its Approval In February. Notice Of The 2012 Proposed Budget And The July 21 Budget Workshop Have Been Advertised On City Hall's Electronic Sign. The Proposed Budget Was Published On The City's Website On July 1". The Property Appraiser Will Mail Each Property Owner A TRIM (Truth In Millage) Notice Prior To The First Public Hearing (Sept 12 "') ]2011] And The Final Public Hearing Will Be Advertised In The Orlando Sentinel In Compliance With And According To Florida Statute. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JULY 25. 2011 PAGE 23 OF 24 RECOMMENDATION: It Is Recommended That The Commission Take The Following Action: • Adopt Resolution 2011 -33 Setting The Proposed Operating Millage Rate At 2.4500 Mills And Establishing The Rolled -Back Rate At 2.6133 Mills And Setting The Proposed Voted Debt Service Millage Rate At 0.1100 Mills For A Total Proposed Millage Rate Of 2.5600 Mills. • Establish The Date, Time And Place For A Public Hearing Regarding The Proposed Millage Rate And The Tentative Budget As September 12, 2011 At 5:15 PM At 1126 East State Road 434, Winter Springs, Florida (Commission Chambers). Mr. Boyle mentioned for the Record, "A correction to the Record which is the form that we just passed out. I would like to note for the Record that the only change to the Agenda Item was the number that's highlighted in yellow, which is simply a tally of the two (2) numbers above it. That is the only adjustment to this Agenda Item." Continuing, Mr. Boyle said to the City Commission, "I do want to point out, this is a reduction from last year and we will be collecting approximately two hundred and sixty -six thousand dollars ($266,000.00) with a combined - valuation and Millage Rate and it will reduce the amount of money that the City takes from taxpayers by two hundred and sixty -six thousand dollars ($266,000.00). Manager Smith noted, "Should this body chose to adopt the tentative millage rate at 2.4500 and the Voted Millage at 0.1100, these are the numbers that will go out on the TRIM (Truth in Millage) Notices in August." Further comments. "I WOULD LIKE TO MAKE A MOTION THAT WE ADOPT THE PROPOSED OPERATING MILLAGE RATE AT 2.4500 MILLS AND THAT WE ADOPT THE VOTED DEBT SERVICE MILLAGE RATE AT 0.1100 MILLS FOR A TOTAL PROPOSED MILLAGE RATE OF 2.5600." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MANAGER SMITH STATED, "COULD THE COMMISSION DO THAT THROUGH THE ADOPTION OF THE MOTION TO ADOPT RESOLUTION 2011 -33, BECAUSE THAT ALSO ADDRESSES OUR ROLLED BACK RATE AND ALL THE THINGS NECESSARY THAT WE NEED TO BE COMPLIANT; AND THEN ALSO SET A HEARING DATE WHICH IS ALSO A REQUIREMENT OF IT. SO, IF I MAY BE SO BOLD AS TO ASK MAYBE FOR A RECOMMENDATION TO ADOPT THE STAFF RECOMMENDATION. THAT WOULD BE ALL INCLUSIVE." MAYOR LACEY COMMENTED, "IS THERE ANY OBJECTION TO MODIFYING COMMISSIONER BONNER'S MOTION TO ADOPT RESOLUTION 2011 -33 AND ESTABLISH THE DATE OF SEPTEMBER 12 2011 FOR THE HEARING ?" COMMISSIONER BONNER AND COMMISSIONER BROWN STATED, "NO OBJECTION." NO OBJECTIONS WERE NOTED BY ANYONE. VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. Mayor Lacey stated, "Proud to be a member of this body. Thank you Commissioners." Commissioner Bonner added, "Just proud of our Staff, Mayor." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 25, 201 1 PAGE 24 OF 24 ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 7:26 p.m. RESPECTFULLY SUBMITTED: 4 AN ` :C • LORENZO- LUACES, MMC ERK APPROVED: /,7 / e� MAYOR CHAR r S :C"' • NOTE: These Minutes were approved at the August 8 , 2011 City Commission Regular Meeting.