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HomeMy WebLinkAbout2011 11 28 Consent 204 Requesting Approval of the City Commission Regular Meeting Minutes of November 14, 2011 COMMISSION AGENDA     Informational Consent X ITEM204 Public Hearings Regular       November 28, 2011ALLL Regular MeetingCity ManagerDepartment         REQUEST: Requesting the City Commission Approve the Monday, November 14, 2011 City Commission Regular Meeting Minutes.   SYNOPSIS: One of the responsibilities of the City Clerk is to provide the Mayor and City Commission with a submittal of all Meeting Minutes, as soon after a City Commission meeting as possible; so, that it is a reminder to the Mayor and City Commission, as to what transpired at their most recent meeting, and also provides a record of the actions and directives of the City Commission, for the future, and which becomes the official record.   If the City Commission is in agreement with what the City Clerk provides in these Minutes, then the City Commission would be asked to Approve the Minutes, as submitted.  Should the Mayor and/or City Commission feel something is not appropriately documented in these Minutes, then a Motion would be appropriate to have the Minutes changed to reflect what the majority of the City Commission would prefer.  CONSIDERATIONS: This Agenda Item includes the Minutes from the Monday, November 14, 2011 City Commission Regular Meeting.   Even though these Minutes are being submitted by the City Clerk, (with proofing by the Deputy City Clerk), no other party has required that changes be made to the Minutes before being submitted.  Consent 204 PAGE 1 OF 2 - November 28, 2011 FISCAL IMPACT: There is no 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 Monday, November 14, 2011 City Commission Regular Meeting Minutes. ATTACHMENTS: A – Monday, November 14, 2011 City Commission Regular Meeting Minutes. Consent 204 PAGE 2 OF 2 - November 28, 2011 UNAPPROVED CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES REGULAR MEETING MONDAY, NOVEMBER 14, 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 – NOVEMBER 14, 2011 PAGE 2 OF 29 CALL TO ORDER UNAPPROVED The Regular Meeting of Monday, November 14, 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 A moment of silence was held, followed by the Pledge of Allegiance. INFORMATIONALAGENDA INFORMATIONAL 100. Community Development Department/Planning Division REQUEST: Community Development Department is 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 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: Staff requests the City Commission receive and review the information provided in this Agenda Item. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – NOVEMBER 14, 2011 PAGE 3 OF 29 INFORMATIONAL 101. Parks and Recreation Department UNAPPROVED REQUEST: The Parks and Recreation Department wishes to inform the City Commission regarding the Revenue/Expenses from the 2011 Hometown Harvest Special Event. FISCAL IMPACT: $6,050.00 Revenue from Sponsors and Vendors $5,115.00 Expenses for Hometown Harvest Community Event $ 935.00 Net Gain 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: Staff requests the City Commission receive and review the information provided in this Agenda Item. Commissioner Rick Brown said to Mr. Chris Caldwell, Director, Parks and Recreation Department, “Just for you and Kevin (Smith, City Manager) and the rest of your team, just an outstanding job! I really appreciate the way the budget numbers came in.” Commissioner Brown added, “This is exactly what I have been hoping for the past several years, that we would make our events pay for themselves, and even end up with a little bit of money left over; so, Congratulations to you and your Staff and thank you!” Mr. Caldwell stated, “Thank you very much. I would like to give credit to Brian Dunigan, Recreation and Special Events Coordinator, Parks and Recreation Department. He is here. Brian (Dunigan) has done an excellent job in savings, not only in that event but in all of our events. Thank you Brian (Dunigan)!” Mayor Lacey noted additional events that have been put on, since the Hometown Harvest. Commissioner Brown then remarked, “Also, tremendous job on the Veteran’s Memorial.” Furthermore, Commissioner Brown added, “It was just a great, great event.” INFORMATIONAL 102. Parks and Recreation Department REQUEST: The Parks and Recreation Department wishes to inform the City Commission about the planning efforts of the 2011 Holiday Parade & Christmas Tree Lighting Event. FISCAL IMPACT: $4,700 (Budget attached). Projected Public Safety costs are $4,543. These funds are available in the FY12 Budget in line code 7260 - 51214. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – NOVEMBER 14, 2011 PAGE 4 OF 29 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, UNAPPROVED 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: Staff requests the City Commission receive and review the information provided in this Agenda Item. This Agenda Item was not discussed. INFORMATIONAL 103. Police Department REQUEST: The Police Department wishes to inform the Commission of the results from our application for Grant Assistance through the Florida Department of Transportation. FISCAL IMPACT: These potential grant revenues and related expenditures were not included in the FY 2012 Budget pending a decision on award. Therefore, there is no fiscal impact on the FY 2012 Budget relative 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: Staff requests the City Commission receive and review the information provided in this Agenda Item. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – NOVEMBER 14, 2011 PAGE 5 OF 29 INFORMATIONAL 104. Public Works Department UNAPPROVED REQUEST: Public Works Department is advising the City Commission of the status of the Cross Seminole Trail permit for the CSX rail crossing. 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 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: Staff requests the City Commission receive and review the information provided in this Agenda Item. Regarding this Agenda Item, Commissioner Brown said, “Congratulations - that is great news! And I am glad to see that moving forward.” Commissioner Gary Bonner added, “Absolutely.” In other City business, Manager Smith commented, “I just wanted to also publicly acknowledge the job that Brian (Dunigan), Chris (Caldwell), and the team did on the Veteran’s Ceremony. I heard nothing but positive comments twenty-thirty (20-30) fold. And just the level of professionalism from our Police Department, and the appearance that they had; our Parks and Rec[reation] Department is just really pleasing to me just to see - the again level of professionalism and the appearance. And even folks in the Public Works Department that sometimes we don’t see because they’re working behind the scenes. So, just publicly wanted to thank them.” “MOTION TO APPROVE INFORMATIONAL (AGENDA).” MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CONSENT AGENDA CONSENT 200. Police Department REQUEST: The Police Department requests the Commission approve the use of Carl Black Orlando, via quote/bid process, for the purchase of two (2) vehicles in the amount of $50,706.00 and one (1) vehicle through the State of Florida Contract number 071 - 000 -12 -1 for $15,321.50, from FY 2012 budgeted funds. The Police Department also requests city asset number 307431 a 2002 Ford Ranger be disposed through trade in to Carl Black Orlando. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – NOVEMBER 14, 2011 PAGE 6 OF 29 FISCAL IMPACT: The funding source for the replacement vehicle program is the line code 2114 -64100 for the 2011Chevrolet UNAPPROVED Tahoe in the amount of $24,649.50, 2115-64100 for the 2011 Chevrolet Caprice with emergency lights in the amount of $26,056.50 and 2118 -64100 for 2012 Chevrolet Colorado in the amount of $15,321.50. Trading the 2002 Ford Ranger for a credit of $3,800.00 the project cost is $62,227.50 The total budget for the eight (8) vehicles is $212,825.00. 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: Staff recommends that the City Commission approve Carl Black Orlando for purchase of three (3) vehicles in the amount of $62,227.50, funded from line codes 2114 - 64100, 2115 -64100 and 2118-64100, and authorize disposing asset number 307431 by trading a 2002 Ford Ranger to Carl Black Orlando. There was no discussion on this Agenda Item. CONSENT 201. Parks and Recreation Department REQUEST: Parks and Recreation recommends that the City Commission approve the 2012 partnership agreement between the City and the Central Florida United (CFU) dba Central Florida Kraze/Krush Soccer Club regarding Concession operations at Central Winds Park. FISCAL IMPACT: None 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – NOVEMBER 14, 2011 PAGE 7 OF 29 RECOMMENDATION: Parks and Recreation recommends that the City Commission authorize the City Attorney to prepare the UNAPPROVED Agreement and the City Manager to execute the 2012 partnership agreement between the City and the Central Florida United (CFU) dba Central Florida Kraze/Krush Soccer Club regarding Concession operations at Central Winds Park. No discussion. CONSENT 202. Parks and Recreation Department REQUEST: Parks and Recreation recommends that the City Commission approve the 2012 concession agreement between the City and the Winter Springs Youth Sports, Inc. regarding Concession operations at Central Winds Park. FISCAL IMPACT: None 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: Parks and Recreation recommends that the City Commission authorize the City Attorney to prepare the Agreement and the City Manager to execute the 2012 concession agreement between the City and the Winter Springs Youth Sports, Inc. regarding Concession operations at Central Winds Park. This Agenda Item was not discussed. CONSENT 203. Office of the Mayor and City Commission REQUEST: The City Clerk requests that the City Commission review and Approve Resolution Number 2011 -56 offering their Appreciation and gratitude for the Service of Mr. Dick Crenshaw as a previous Member of the Code Enforcement Board. FISCAL IMPACT: There is no fiscal impact if Resolution Number 2011 -56 is Approved. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – NOVEMBER 14, 2011 PAGE 8 OF 29 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, UNAPPROVED 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. Upon Approval of this Resolution, the City Clerk will contact Mr. Crenshaw on behalf of the Mayor and City Commission, in keeping with what the Mayor and City Commission have previously requested. RECOMMENDATION: The City Clerk is requesting that the City Commission review and Approve Resolution Number 2011 -56 offering their appreciation to Mr. Dick Crenshaw. No discussion. CONSENT 204. Community Development Department - Arbor Division REQUEST: The Community Development Department, Arbor Division, asks that the City Commission approve the request of Ms. Judy Hernandez to remove one (1) specimen live oak tree from her residence at 726 Barrington Circle in the Georgetowne Subdivision. The resident is concerned that large roots will continue to cause further damage to the driveway, walkway, and foundation of her home. FISCAL IMPACT: If this request is approved, the applicant will pay a $25.00 arbor permit fee and provide 6 tree replacement credits. Tree replacement credits can be satisfied by planting canopy trees at the residence, at a donor site, or by making a contribution to the City arbor fund pursuant to the City's Arbor Ordinance. 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – NOVEMBER 14, 2011 PAGE 9 OF 29 RECOMMENDATION: Staff recommends that the City Commission approve the request of Ms. Judy Hernandez to remove one (1) UNAPPROVED specimen live oak tree from her residence at 726 Barrington Circle. The tree currently has large roots that are causing visible damage to her driveway, walkway, and to underground utilities. Staff feels that the current level of damage combined with the inevitability of future damage to surrounding structures qualifies as an extraordinary circumstance or hardship as referenced in Section 5 -8(b) of the Arbor Ordinance. There was no discussion on this Agenda Item. CONSENT 205. Community Development Department - Arbor Division REQUEST: The Community Development Department, Arbor Division, asks that the City Commission approve the request of Mr. Dana Griffis to remove one (1) specimen live oak tree from his residence at 618 Anhinga Road. The resident is concerned with the proximity of this large tree to his house. FISCAL IMPACT: If this request is approved, the applicant will pay a $25.00 arbor permit fee and provide 15 tree replacement credits. Tree replacement credits can be satisfied by planting canopy trees at the residence, at a donor site, or by making a contribution to the City arbor fund pursuant to the City's Arbor Ordinance. 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: Staff recommends that the City Commission approve the request of Mr. Dana Griffis to remove one (1) specimen live oak tree from his residence located at 618 Anhinga Road. The tree is very large and located very close to the home. The large roots of the tree extend beneath the house and have impacted the structure. If the tree remains it is very likely to cause further significant damage to the structure as it increases in size. Staff finds that this qualifies as an extraordinary circumstance or hardship as referenced in Section 5 -8(b) of the Arbor Ordinance. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – NOVEMBER 14, 2011 PAGE 10 OF 29 CONSENT 206. Community Development Department - Arbor Division UNAPPROVED REQUEST: The Community Development Department, Arbor Division, is requesting that the City Commission approve the request of Mr. Dennis Bell to remove one (1) specimen live oak tree from his residence located at 962 Sequoia Drive. The resident is concerned with the proximity of this large tree to his house, overhanging limbs, and damage the tree has caused to the driveway. FISCAL IMPACT: If this request is approved, the applicant will pay a $25.00 arbor permit fee and provide 7 tree replacement credits. Tree replacement credits can be satisfied by planting canopy trees at the residence, at a donor site, or by making a contribution to the City arbor fund pursuant to the City's Arbor Ordinance. 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: Staff recommends that the City Commission approve the request of Mr. Dennis Bell to remove one (1) specimen live oak tree from his residence located at 962 Sequoia Road. The tree has caused damage to the driveway and may potentially damage the foundation of the house as the tree increases in size and the roots continue to grow and expand. Removing the roots that are damaging the driveway will decrease the structural integrity and significantly impact the health/survivability of the tree. The resident has expressed concern that the uneven driveway poses a tripping hazard and plans to replace the driveway. If the tree is not removed prior to driveway replacement, it is likely that damages to the root system will result in its inevitable demise. Staff finds that this qualifies as an extraordinary circumstance or hardship as referenced in Section 5 -8(b) of the Arbor Ordinance. This Agenda Item was not discussed. CONSENT 207. Information Services Department REQUEST: The Information Services Department requests authorization to dispose of surplus assets according to the attached disposition sheets. FISCAL IMPACT: There is no cost to dispose of these surplus assets. The City receives revenue generated from items sold at auction. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – NOVEMBER 14, 2011 PAGE 11 OF 29 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, UNAPPROVED 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: Staff recommends that the City Commission approve the disposition of the attached list of surplus assets. No discussion. CONSENT 208. Utility Department REQUEST: Utility Department Requesting Approval to Authorize Precon Corporation to make repairs to the 0.5 million gallon water storage tank at Water Treatment Plant (WTP) #1 FISCAL IMPACT: Funds are budgeted in the Utility Department line code 3600 -62100 at $75,000 for this project. 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: It is recommended that authorization be granted to award the WTP#1 1 MG storage tank repairs to Precon Corporation for $64,090.00 plus a 10% contingency payable from Utility line code 3600 - 62100. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – NOVEMBER 14, 2011 PAGE 12 OF 29 CONSENT 209. Office of the City Clerk UNAPPROVED REQUEST: Requesting the City Commission Approve the October 24, 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 October 24, 2011 City Commission Regular Meeting Minutes. No discussion. CONSENT 210. Office of the City Clerk REQUEST: Requesting the City Commission Approve the November 7, 2011 Attorney- Client Session/Special Meeting Minutes FISCAL IMPACT: There is no specific Fiscal Impact to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – NOVEMBER 14, 2011 PAGE 13 OF 29 RECOMMENDATION: The City Commission is respectfully requested to Approve the November 7, 2011 Attorney – Client UNAPPROVED Session/Special Meeting Minutes. This Agenda Item was not discussed. “MOTION TO APPROVE (CONSENT AGENDA).” MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Oviedo-Winter Springs Regional Chamber Of Commerce Presenting the "Honorary Artist Recognition" of the Art Festival Poster to the Mayor and City Commission from the 2011 Winter Springs Festival of the Arts. Mr. Tom Pepplar, Chairman of the “Winter Springs Festival of the Arts” presented a framed commemorative Art Festival Poster from the 2011 Winter Springs Festival of the Arts to the City of Winter Springs and stated, “Out of gratitude for all of the support and help that you gave us, because it was a joint effort and it was highly successful and it couldn’t be done without the good work of Parks and Recreation and the City Council and everybody involved.” Mayor Lacey noted, “Thank you to the Chamber. It was a very well done event this year. I think it is really an asset to the City.” AWARDS AND PRESENTATIONS 301. Parks and Recreation Department Presentation of a Certificate to Ms. Dell Walker in Appreciation of the significant accomplishments and operational improvements to our Senior Therapy Pool. Mr. Caldwell acknowledged Ms. Dell Walker, Guest Services - Therapy Pool for her accomplishments. Additionally, Mr. Caldwell also complimented Ms. Diane Oliver, Volunteer Instructor - Therapy Pool; Ms. Kitra Weaver, Volunteer Instructor - Therapy Pool; Ms. Susie Coffman, Senior Center Manager, Parks and Recreation Department; Mr. Mike Barclay, Recreation Superintendent, Parks and Recreation Department; and Mr. Dunigan then remarked, “Thank you very much for our team at the Therapy Pool.” CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – NOVEMBER 14, 2011 PAGE 14 OF 29 Mr. Caldwell spoke of Ms. Walker’s accomplishments and noted, “As you know, the recent award where the City received the number one aquatic facility in the State, reflects that Dell (Walker) and other members of our team UNAPPROVED have made significant improvements in operations, customer service, and facility cleanliness. Dell (Walker) has also taken it upon herself to be a CPO, which is Certified Pool Operator; an AFO, which is an Aquatic Facility Operator; and has just recently also been certified - which both of those allow her to manage splash pads and pool facilities and then recently, she has also passed her certification to become a United States Water Fitness Water Association Certified Trainer.” Mr. Caldwell added that Ms. Walker has taken on many responsibilities “Continuing the level of service at the Therapy Pool so we appreciate all Dell (Walker) has done.” Continuing, Mr. Caldwell complimented Ms. Walker and another valued Volunteer, Ms. Mary Beth Pettyjohn, and explained, “Have also recently organized a signed flag which they’re going to send over to the troops; so, we want to just say thank you to Dell (Walker) - thank you for doing all you are doing.” AWARDS AND PRESENTATIONS 302. Police Department Presentation of an Award from "Mothers Against Drunk Driving" to Corporal John Shea of the Winter Springs Police Department who is being recognized as the Winter Springs Police Department Top DUI Officer of the Year - 2010. Chief of Police Kevin Brunelle, Police Department presented an award to Corporal John Shea, Winter Springs Police Department who was recognized as the Winter Springs Police Department Top DUI Officer of the Year. Next, Mayor Lacey recognized former Mayor John F. Bush who was present. REPORTS REPORTS 400. Office Of The City Attorney – Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager – Kevin L. Smith Manager Smith mentioned the street sign Banners would be changed tomorrow from Veteran’s Day to the upcoming Holiday Season Banners. Next, Manager Smith suggested everyone “Be rooting for the Chief as he heads to the Accreditation Conference tomorrow.” Manager Smith added, "Best wishes to the Chief and the crew.” Manager Smith said that tomorrow he would be emailing the Mayor and City Commission with a draft type of press release related to fiscal accomplishments for their consideration, and then he would send it out. Manager Smith noted he would appreciate any feedback from the Mayor and City Commission prior to formally sending out his communiqué. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – NOVEMBER 14, 2011 PAGE 15 OF 29 REPORTS 402. Office Of The City Clerk – Andrea Lorenzo-Luaces, MMC UNAPPROVED No Report. REPORTS 403. Office Of The Mayor – The Honorable Charles Lacey Mayor Lacey mentioned that Chairman of the Seminole County Public Schools School Board Dede Schaffner has agreed to answer some inquiries about Seminole County Public Schools funding issues and said she would attend the next Winter Springs City Commission Regular Meeting and make a presentation. Mayor Lacey asked the City Commission if they were agreeable to this, to which there were no objections to adding this to the November 28, 2011 Regular Meeting Agenda. Mayor Lacey said to Manager Smith, “Would you extend the invitation to Ms. Schaffner?” Manager Smith responded, “I will do Mayor.”* NOTE from the City Clerk: *After the conclusion of this Meeting, it was later suggested that this Presentation be moved to the December 12, 2011 City Commission Regular Meeting. Secondly, Mayor Lacey said that he would be speaking to 120 Third Graders tomorrow at Rainbow Elementary School. Thirdly, Mayor Lacey attended a recent Economic Development Commission event and noted that “There is a strong feeling in those circles that Winter Springs is a city on the move.” Lastly, Mayor Lacey mentioned that the business EZYield had sold and is now known as Travel Click and suggested we keep in touch with them. REPORTS 404. Office Of Commissioner Seat One/Deputy Mayor – The Honorable Jean Hovey Deputy Mayor Jean Hovey noted that tomorrow night, November 15, 2011 at 6 p.m. in the Media Center at Lyman High School will be a meeting of the new Seminole County Public Schools Superintendent Search Committee; and then another meeting will be held on Wednesday, November 16, 2011 at Seminole High School, also at 6 p.m. th Next, Deputy Mayor Hovey advised that on November 5, 2011, she attended the CALNO - Council of Local Governments in Seminole County meeting for Mayor Lacey and at this meeting it was mentioned that on th Monday, December 5, 2011, the City of Oviedo would be introducing their new City Manager and recognizing Mayor Dominic Persampiere on his recent Re-Election. Additionally, Deputy Mayor Hovey noted that Seminole State College’s presentation included data on their 32,000 students and other impressive growth related statistics. Deputy Mayor Hovey then asked about a news story about Seminole County putting ammonia in their water. Mr. Brian Fields, P.E., City Engineer, Public Works Department addressed this. Continuing, Deputy Mayor Hovey inquired about Mosquito spraying in the City and Mr. Fields said it was done “As needed. We have the ability to spray throughout the City.” Further comments followed on recent spraying activity. Deputy Mayor Hovey then noted, “So it is, ‘As needed’ - if someone in their neighborhood might see in the future a bigger outbreak than normal, can they call the City and request to be sprayed?” Mr. Fields said, “Yes they can.” CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – NOVEMBER 14, 2011 PAGE 16 OF 29 Next, Deputy Mayor Hovey commented on some small dogs barking outside during the day. UNAPPROVED Chief Brunelle suggested that on such situations that the Police Department can be called and said they would try to work out a solution through educational means and let people know that some individual work night shifts and thus these individuals sleep during the day, and to contact the Police Department in such situations. Lastly, Deputy Mayor Hovey mentioned that she had attended the recent Veteran’s Day Memorial Service and stated, “It was great. Thank you everyone. Good job!” REPORTS 405. Office Of Commissioner Seat Two – The Honorable Rick Brown Commissioner Brown remarked that last Thursday he was invited by some Winter Springs residents to attend a presentation with Seminole County Public Schools’ Dr. Vogel for students zoned to attend Lawton Elementary School in Oviedo. Commissioner Brown mentioned that instead of a presentation, he found out at the last moment that he was to be part of the program and was asked to comment on a possible Special Election for Winter Springs residents related to a possible Penny Tax increase and that they hoped Commissioner Brown would show his support of these initiatives. With further comments on this meeting and if possible staffing cuts and school closures expenses were considered, what savings could be realized, Commissioner Brown stated, “What Dr. Vogel admitted on stage was and said, when questioned directly, was the only school that was in jeopardy of closing was a small school in Sanford. None of the other rumors we have heard are true - Keeth (Elementary School) isn’t scheduled to close; Layer (Elementary School) isn’t on the list to be closed. Our schools are intact.” Discussion followed on other comments made during this meeting and suggested other Winter Springs Elected Officials be wary of similar invitations; and the possible Special Election for a Penny Tax increase. Deputy Mayor Hovey thought that these issues should be addressed before or with Chairman of the Seminole County Public Schools School Board and/or Chairman Dede Schaffner when she attends the next Winter Springs City Commission Regular Meeting. Commissioner Brown added, “Absolutely.” Next, Commissioner Brown noted that there is a Winter Springs Police Officer who is in the process of adopting four (4) siblings from overseas and that he would be holding a fundraiser for this family at Tijuana Flats on th December 8, 2011 and encouraged all to attend. th Continuing his Report, Commissioner Brown mentioned that on Sunday, December 11, 2011, Boys Town of Central Florida would be holding their annual Christmas Tree Lighting at the Oklahoma Street facility, starting at 5 p.m. and that all are welcome. th Commissioner Brown remarked that on December the 17, 2011 at the Winter Springs Town Center, Boys Town of Central Florida would be holding their next 5K and interested participants can register via Front Running Sports. Commissioner Brown then recognized Mr. Fields for his past successes as a front runner/winner in his categories. Continuing, Commissioner Brown mentioned an upcoming Grand Opening and Ribbon Cutting event at the new st “Zoo Health Club” which should be held on December 1, 2011 and that Mayor Lacey and the City Commission will be asked to attend. The Ribbon Cutting will most likely be late in the afternoon on that day. Related to the City of Winter Springs’ Christmas Parade, Commissioner Brown noted he would be using his own car for that event. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – NOVEMBER 14, 2011 PAGE 17 OF 29 Concluding his Report, Commissioner Brown asked about the status of a Contract for the Scottish Highland Games. Mr. Caldwell noted, “It’s scheduled to come to the next meeting.” UNAPPROVED REPORTS 406. Office Of Commissioner Seat Three – The Honorable Gary Bonner Commissioner Bonner commended the Parks and Recreation Department on an excellent job and financial turnaround related to the latest events they have put together. Next, Commissioner Bonner said to Mayor Lacey, “I do want to extend my compliments to you on your diligence in seeing through the work to get the Trail completed, the missing link completed.” Continuing his comments, Commissioner Bonner mentioned that he hoped that former Mayor Bush would help celebrate this accomplishment, when a Ribbon Cutting is held. Lastly, Commissioner Bonner apologized for not being able to attend some recent City events (and some upcoming ones also) as this is a very busy time for his business. Also due to business commitments, th Commissioner Bonner noted that right now, he did not think he would be able to attend the November 28, 2011 City Commission Regular Meeting. REPORTS 407. Office Of Commissioner Seat Four – The Honorable Cade Resnick Commissioner Cade Resnick acknowledged some of his Lyman High School students who were in attendance at tonight’s City Commission meeting. Next, Commissioner Resnick remarked, “To the staff who put the Veteran’s Memorial event together, thank you so very much. It was a great event.” Commissioner Resnick also asked that the trumpeters be thanked as his son enjoyed their playing. REPORTS 408. Office Of Commissioner Seat Five – The Honorable Joanne M. Krebs Commissioner Joanne M. Krebs also complimented the Parks and Recreation Department and City Staff for recent events and revenues. Next, Commissioner Krebs then recognized City Attorney Anthony A. Garganese for being Appointed as an At Large Delegate for the Florida League of Cities’ Legislative Committee, and said, “Congratulations Anthony (Garganese)! We appreciate that! We appreciate your service too!” th Commissioner Krebs also noted that she would not be able to attend the November 28, 2011 City Commission Regular Meeting due to a previous commitment. Further regarding Mosquito spraying in the City, Commissioner Krebs asked Mr. Fields if we were on the County’s schedule? Mr. Fields explained, “The County sprays on a street-by-street basis. They have that capability. They also have the capability to do aerial spraying. We consider what the County provides as supplemental to what we provide. So, we don’t rely on the County to do mosquito spraying. They do have a County-wide program, however, we just don’t feel like it’s enough to handle a mosquito event like we had over the past several weeks.” CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – NOVEMBER 14, 2011 PAGE 18 OF 29 PUBLIC INPUT UNAPPROVED No one spoke at this time. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Public Works Department and Community Development Department REQUEST: The Public Works and Community Development Departments are requesting that the City Commission approve Final Engineering and Aesthetic Review Plans for the Shepard Road Streetscape Project, a roadway improvement project funded by the US 17 -92 Community Redevelopment Agency (CRA) for the City of Winter Springs. FISCAL IMPACT: This agenda item is requesting approval of the Final Engineering Plans and Aesthetic Review for the Shepard Road Streetscape Project. There is no additional fiscal impact as a result of approving this agenda item as recommended by staff. A recommendation to award the construction contract is expected to be submitted for City Commission approval at the December 12, 2011 City Commission meeting. 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. Final Engineering and Aesthetic Plans have been issued to the following organizations that have been working with city staff and are located adjacent to the project area: The Highlands Home Owner's Association, Wildwood Home Owner's Association, Highlands Elementary School, Dittmer Aluminum and The Beautification of Winter Springs Advisory Board. RECOMMENDATION: Staff recommends that the City Commission approve the Final Engineering and Aesthetic Review plans for the Shepard Road Streetscape Project. Mr. Fields introduced this Agenda Item for discussion and reviewed the Agenda Item and renderings. Referring to a rendering of the gateway tower, Mr. Fields noted, “Our thoughts are, after going through design with this, that the tower is a little bit out of scale for this particular cross section, when you look at the landscape median and everything that’s there and that - something like that may be better placed on a larger roadway corridor such as State Road 434. So, we are looking at a CRA (Community Redevelopment Agency) project, possibly on State Road 434. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – NOVEMBER 14, 2011 PAGE 19 OF 29 Our recommendation would be to probably stick with the Base Bid and to consider this - keep this design and implement that on that future project. However, it is in the Base Bid and no decision needs to be made on that UNAPPROVED tonight. We will bring this back to the Commission with some prices on that and we would welcome any feedback tonight on that particular aspect of the project. Whether you like the Gateway Tower or whether you th like the columns in the Base Bid. As I mentioned, the project is out to Bid, with Bids due November 30. (2011). th It’s our intent to bring this back on December 12, (2011) with the recommendation of Award and to start construction in January.” Further comments followed on communication efforts. Tape 1/Side B Discussion followed on the widening of U.S. Highway 17-92, north of Shepard Road. 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.” MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office of the City Attorney REQUEST: The City Attorney is requesting the City Commission's consideration of a Settlement Agreement in the case Atlantic Housing Partners L.L.L.P., a Florida Limited Liability Partnership et. al. v. City of Winter Springs CASE NO. 6:10 -CV- 01905- MSS -DAB In and Before the Federal District Court in Orlando, Florida, and CASE NO. 10 -57 -AP In and Before The Circuit Court of Seminole County, Florida FISCAL IMPACT: The fiscal impact will be identified in the Settlement Agreement which will be provided by Friday, November 11, 2011. 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – NOVEMBER 14, 2011 PAGE 20 OF 29 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. UNAPPROVED RECOMMENDATION: The City Attorney recommends that the City Commission consider the proposed Settlement Agreement and take whatever action deemed appropriate. Attorney Garganese began the discussion on this Agenda Item and stated, “This Agenda Item is in the spirit of settlement negotiations.” Mayor Lacey remarked that as this is a Public Hearing, he would suggest that Attorney Garganese explain what the City Commission is considering. Attorney Garganese commented, “As I stated, during the Mediation we began exploring the possibility of Settlement and then - that Settlement was structured because of the Plaintiffs desire to pursue a different project in the City of Winter Springs. That different project is located along Moss Road and State Road 434. That different project was previously approved by the City Commission as an eighty-four (84) unit condominium project formerly known as Saratoga and the Saratoga project was approved by the previous City Commission in 2004 and 2006. So, the Plaintiffs expressed a desire for a different project.” Continuing, Attorney Garganese noted, “The City and the Plaintiffs recognize and acknowledge that there was a previous approved project, the Saratoga project that I just mentioned, and that that Saratoga project is currently abandoned. After the City Commission approved the Saratoga project, the Developer proceeded with infrastructure for that project, trees were taken down, storm water retention facilities were constructed. There was some mitigation I believe as a result of that, that was done. In addition, the roadways and the lighting infrastructure, and the water and sewer infrastructure are currently in the ground at the Saratoga site. So, the two (2) parties recognize that that project was abandoned, that that infrastructure is not in use and that recommencing that project, albeit in a slightly different form has an economic benefit to both the Plaintiffs and the City of Winter Springs. In furtherance of this pursuit of this different project, attached to the Settlement Outline is a detailed aesthetic review package for the recommenced project that’s being proposed.” Attorney Garganese continued by saying, “Generally the building may look familiar because it is - the Town Center concept that they’re proposing to construct at the former Saratoga site. In addition, in the Settlement outline, there’s language about an expedited Final Permitting Review Process; there is a desire by Plaintiffs to expedite the construction of this new project to be called the Fountains at Moss Park." Additionally, Attorney Garganese noted, “So, there is an expedited review process which generally provides that all of the additional approvals that would be required would be handled at an administrative level under the City Manager. I would like to note as an aside - that the Saratoga project was previously Approved, the Engineering and so forth is basically done; so, this project’s going to be in substantial conformity with what was already Approved by the City Commission with some exceptions. There is some language in the outline that would permit the City Manager to make some minor modifications to the project. Further, on page 5 of the outline, it addresses signage. In 2006, the City Commission approved a Project Entry Icon sign to be located in the commercial parcel that’s reflected on the Aesthetic Review package, and the Plaintiffs in this case would like to have that Icon sign as well, so that’s restated on page 5. Page 6 talks about On-Site Landscape design, that the proposed project would be in substantial conformity with the Landscape Plans that were previously approved by the City Commission and if they wish to make modifications, the Manager is authorized to review any proposed modifications; but in essence, the On-Site Landscape Plan will be in accordance with the Landscape Plan that was previously approved by the Commission. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – NOVEMBER 14, 2011 PAGE 21 OF 29 In addition, in 2006, the City Commission and the prior Developer agreed to off-site landscape improvements for Moss Road and that off-site landscape improvement project, although it was approved by the Commission, was UNAPPROVED never started. The Plaintiffs are willing to complete that offsite landscape improvement project for Moss Road. Attached to the Settlement outline as ‘Exhibit B’ is the Agenda Item and the Plan that the previous Commission approved. In general, that Plan will require approximately 109 canopy trees to be installed along the Moss Road entrance near State Road 434. There are some technical provisions in the outline regarding Certificates of Occupancy. They’re requesting that Certificates of Occupancy be granted on an individual building basis. That is not something unusual and wasn’t an issue. On page 7, it addresses Permit, Impact, and Connection Fees for the development. The parties acknowledge that the Plaintiffs would be required to pay the normal City and County Impact, Connection, Plan Review, and Permit Fees as applicable for the project; however, in Settlement of this litigation, the City would agree to pay the Plaintiffs in installments, the amount of City Fees that are paid. The City would pay them back to the Plaintiffs in settlement of this Case. Also on page 7, it addresses a very important part of this Settlement, that is the current allocation for the State Tax Credit Allocation that the Plaintiffs have. They would have to request that that Tax Credit Allocation be moved from the Town Center proposed project site, to the Fountains at Moss Park. So, the City would agree to make that request along with the Plaintiffs, to make that happen - and I am going to talk about three (3) very important final conditions to the Settlement, but that is one of them that has to occur in order for the Settlement to be consummated. On page 8, with respect to Winter Springs Police Officers, the Plaintiffs would agree to submit for a Waiver to allow one (1) Winter Springs Police Officer to reside at the project regardless of income qualifications. That Waiver of course would be in the hands of the State and at the State’s discretion, but the Plaintiffs are willing to make that request. Also, on page 8, it talks about support of a fifty-five plus (55+) resident requirement. This proposed project for the Fountains site, will not be an age restricted community, however the Plaintiffs are agreeing to provide discounts and financial incentives to residents fifty-five (55) years of age and older, and agree to provide early and ongoing marketing to this group of individuals, fifty-five (55) years of age and over. With respect to the Fountains project, this project would be a gated community with property management that the Plaintiffs currently use throughout their other projects in central Florida. The gates would be required to be closed between dusk to dawn at a minimum, for security purposes. On page 9 of the outline, there’s a ‘Good Corporate Citizen’ provision where the Plaintiffs or those acting on their behalf agree and pledge to the City that they would be good corporate citizens. In furtherance of this pledge they have agreed to make on their own initiative or at the request of the City, at least one (1) financial contribution to at least one (1) signature annual City Special Event - I don’t need to go over which events those are, but you know what the signature events are. That pledge would be good for ten (10) years mandatory under the proposed Agreement.” On page 9, it addresses a Lot Split issue. If you look at the Site Plan for the Fountains project as previously approved for the Saratoga project, there was a residential and a commercial component for the project. The commercial component is along State Road 434; the residential abuts it, but is not on (State Road) 434. The Plaintiffs are requesting a Lot Split; in essence, split out the commercial parcel from the overall project, the residential component of the project. The City has Lot Split provisions in its Code and under this Settlement Agreement, the City would agree to that Lot Split and it would ultimately come back to the Commission to be ratified by Resolution, pursuant to the Code when all the technical details of the Lot Split have been worked out. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – NOVEMBER 14, 2011 PAGE 22 OF 29 Of course as in any Settlement, there are mutual releases and no liability clauses. I just want to briefly address what it would take to ultimately dismiss the litigation. There are three (3) conditions for the Dismissal to occur. UNAPPROVED That Dismissal would be with Prejudice if the following contingent conditions are satisfied. The first condition is that first, there would be a Final Approval of the Fountains at Moss Park project by the City of Winter Springs, as contemplated by the outline. The second condition, the language was slightly modified and I apologize, the modified language didn’t show up in that one (1) page that I forwarded to the Commission due to a PDF glitch. The black line portion didn’t show up on the email that I sent; but condition (2) begins with reimbursement of City Impact, Connection, Plan Review Fees. That language has changed to fulfillment of the terms of paragraph (g) herein above and what that means is that - with respect to the settlement provisions regarding the payment of the Impact, Connection, Plan, and Permit Fees; once that is completely satisfied that would be a material condition for the Dismissal with Prejudice. The third condition is that the State approves the request to transfer the Housing Credit Allocation from the Town Center project to the Fountains at Moss Park project site. So, just to recapitulate the actual three (3) conditions - one (1), there needs to be a Final Approval of the project which would occur pursuant to the outline at the administrative level; two (2), fulfillment of the payment terms for the Fees that I mentioned; and three (3), the Approval of the Housing Credit Transfer, would have to occur.” Deputy Mayor Hovey said to Attorney Garganese, “I heard you say and I think I heard it last week too, the trees that they are going to plant on Moss Road, this [Agenda Item] 409 from September 11, 2006 says they are going to be from Moss Road from (State Road) 434 to (State Road) 419, but I think I heard you say, that it is going to be from their entrance to (State Road) 434.” Attorney Garganese responded, “It’s basically as it is stated in the Agenda Item, what they are agreeing to. If I did not categorize it properly, I apologize.” Deputy Mayor Hovey then asked if Attorney Garganese could explain to everyone in the audience what a “Motion to Dismiss with Prejudice” means. Attorney Garganese explained, “‘Motion to Dismiss with Prejudice’ would mean that they would dismiss the Case forever; so, the Case would be done. Each party would go their own way, pursuant to the terms of the Settlement Agreement. There would be no admission of liability, there will be no liability. The parties have amicably resolved this specific Case and the Case cannot be brought back or re-filed.” Mayor Lacey opened the “Public Input” portion of the Agenda Item. Mr. Bob Henderson, 635 White Ibis Court, Winter Springs, Florida: addressed the City Commission and noted that this matter came before the Highlands Homeowner’s Association last Thursday and there were no negative comments; and that he himself agreed with this proposal. Mr. Henderson also noted that he was speaking on behalf of the Board. Furthermore, Mr. Henderson asked if there were other recreational facilities planned for the residents, in addition to the proposed Clubhouse; and suggested that since the approval process was being shortened, Mr. Henderson hoped that each City Commission Member and the City Manager would please consider things carefully to protect the City from any criticism. On the issue of recreation facilities, Mr. Randy Stevenson, AICP, ASLA, Director, Community Development Department explained, “As we’ve looked, again they do have a Clubhouse that has been enlarged from the original Clubhouse I believe, to incorporate a clubhouse, meeting rooms, things of this nature, plus there is a pool I believe, behind the Clubhouse as well, that is also a recreational amenity on site.” Mr. Stevenson added, “A walking path around the area there also has been incorporated into the site plan. Again, much the same as was originally approved.” Mr. Kevin Cannon, Post Office Box 3151, Orlando, Florida: commented on a Forbearance Agreement for the Applicant, and asked if the Plantiff could reapply. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – NOVEMBER 14, 2011 PAGE 23 OF 29 Attorney Garganese noted, “They cannot reapply for the proposed project at the site that was proposed in Winter Springs Town Center - that’s in the acknowledgement…” Mr. Cannon added, “…And that’s the scope of it?” UNAPPROVED Attorney Garganese remarked, “Right, I mean with respect to any other Applications, they’d be treated just like any other property owner or Developer.” Mr. Cannon then asked what Attorney Garganese thought of the chances for the transfer allocation. Brief discussion followed. Mr. Cannon then mentioned that he personally thought this proposed project was a good resolution. Mayor Lacey closed the “Public Input” portion of the Agenda Item. Referencing one of the photos in the Agenda Item, Commissioner Krebs then said to Mr. Stevenson, “If you recall when this was a condominium complex, the issue went back and forth on where the garages are or if they were feasible - and then it came to the carports; and I think one of my concerns at that time was the parking. And at that time, because the commercial component was there, there was a shared parking thought and then there was going to be a pedestrian gate in, so that if people had visitors - they could at least park somewhere and get in.” Continuing, Commissioner Krebs noted, “There is a statement there that says something to the effect that carports may be used at Developers…” Mr. Stevenson added, “…To support solar panels.” Further comments followed on whether there might be more parking if carports were not used. Mr. Stevenson noted that the proposed carports would not lessen the amount of parking spaces and that there was still a pedestrian connection. With further comments, Mr. Stevenson said that, “The proposed locations for any carports may go in are the exact same as they would have been as they were actually on the approved plan for Saratoga. In other words, the locations are still the same. You’ll notice they’re not proposing any in the middle but they’re around the edges.” Additionally, Commissioner Krebs stated, “I would prefer as much parking as possible.” Mayor Lacey asked, “Is there a Motion to Approve item ‘501’?” “MOTION BY TO APPROVE.” MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. Attorney Garganese stated, “I would just ask also that the Commission authorize the Manager and I to put this in Settlement Agreement form and finalize it.” “SO MOVED.” MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – NOVEMBER 14, 2011 PAGE 24 OF 29 REGULAR AGENDA UNAPPROVED REGULAR 600. Community Development Department - Urban Beautification Division REQUEST: The Community Development Department, Urban Beautification Division, is requesting that the City Commission establish a workshop date to explore the issue of a brick wall which, over time, has fallen into a state of disrepair. This wall is located in Units 12/12A within the Tuscawilla Subdivision and runs along Winter Springs Boulevard and Northern Way. FISCAL IMPACT: There is no fiscal impact associated with having a workshop to discuss the Tuscawilla Units 12/12A Wall. 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: Staff is recommending that the City Commission establish a date in January/February 2012 for a workshop to discuss the wall situation at Tuscawilla Units 12/12A. The workshop should last approximately 1 -2 hours dependant upon the level of public input. Mr. Steve Richart, Urban Beautification Services Division, Community Development Department introduced this Agenda Item for discussion and PowerPoint slides were shown. Commissioner Bonner commented that he had discussed this issue with some of the residents and that there is a concern with this matter. Commissioner Bonner commented on the ninety (90) affected residents and added, “My general thinking is to support Staff’s recommendation and to invite those residents to come into a Workshop format where we can have the opportunity to discuss their thoughts about their neighborhood. Obviously, a Workshop would also afford other residents to come forward and have their opportunity to talk about a feature of the community that impacts them as well, because of the fact that it is along a main artery within our City.” Continuing, Commissioner Bonner then said, “I suspect there is going to be a number of great ideas that will come out of that and will have to be researched by Staff so I don’t really see that coming before us instantaneously for a decision.” Commissioner Krebs stated, “I agree with you Commissioner Bonner. I do think we do need to have a Workshop but I also think that we should invite all ninety (90) of those people to this Workshop because it directly impacts them. Of course, around would be great too because there are probably other communities that are facing some of the same challenges that they are.” Mayor Lacey added, “Definitely.” Mr. Richart noted, “If it’d please the Commission, we would just simply go door to do, just to keep the cost down." Commissioner Krebs said, “However you want to do it.” Commissioner Brown remarked, “I agree completely.” CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – NOVEMBER 14, 2011 PAGE 25 OF 29 Mayor Lacey inquired of the City Commission, “Is there an objection to having the Workshop?” Deputy Mayor UNAPPROVED Brown commented, “None.” Commissioner Krebs stated, “No.” No Commissioner noted any objection. th Discussion followed on possible dates, and suggested Monday, January 30, 2012. Commissioner Bonner said he th would be available and added, “Let us make it the 30. Absolutely.” Commissioner Resnick agreed and stated, th “Okay.” With no objections, Mayor Lacey summarized Monday, January 30, 2012 at “6 p.m.” Commissioner Bonner then said to Mr. Richart, “I applaud your suggestion of going door to door. I think this is a circumstance where we need to make an earnest effort at contacting each and every impacted resident of that community and if you need some assistance, I will be more than to happy to walk door to door with you, okay.” th Mayor Lacey summarized, “We are scheduled for January 30, (2012) at 6 p.m. here.” Deputy Mayor Hovey mentioned, “The President of the Tuscawilla Homeowner’s Association is here - can you put something in your newsletters too?” It was noted that the Editor was in attendance also. Commissioner Brown mentioned that he also supported Commissioner Bonner and offered, “I will walk as well.” th Discussion followed that this meeting on Monday, January 30, 2012 would be a Workshop and was agreed to. Commissioner Bonner, and Mayor Lacey voiced their support of having this be a Workshop. No objections were noted. REGULAR 601. Office of the City Clerk REQUEST: The City Clerk requests that the City Commission consider expiring Terms of Office for the Board of Trustees and make any applicable Appointment(s)/Reappointment(s) to the Board of Trustees for a new Term of Office which will begin on January 2, 2012. FISCAL IMPACT: There is no fiscal impact to this Agenda Item. COMMUNICATION EFFORTS: The Committee Members whose Terms of Office expire in January 2012, as referenced in this Agenda Item have been notified. 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – NOVEMBER 14, 2011 PAGE 26 OF 29 RECOMMENDATION: UNAPPROVED All Commissioners are requested to make their respective Appointments/Reappointments regarding the Board of Trustees, as noted in this Agenda Item - with consideration that Board Members will be needed for quorums for forthcoming Meeting(s). Any individuals Appointed/ReAppointed would begin a new Term of Office no earlier than January 2, 2012. Appointment To Be Made By Deputy Mayor Jean Hovey — Seat One:  Seat currently held by the newly Appointed Frank Mundo (Mr. Mundo is expected to be sworn in at his first Board of Trustees Meeting on November 8, 2011). Appointment To Be Made By Commissioner Rick Brown — Seat Two:  Seat currently held by Barbara Watkins - (Barbara Watkins has requested to be Re- Appointed) Appointment To Be Made By Commissioner Gary Bonner — Seat Three:  Seat currently held by Max Swaim — (Max Swaim has requested not to be Re- Appointed) Appointment To Be Made By Commissioner Cade Resnick — Seat Four:  Seat currently held by Vernon Rozelle, Jr. (Vernon Rozelle, Jr. will be Termed out in January 2012) Appointment To Be Made By Commissioner Joanne M. Krebs — Seat Five:  Seat currently held by Maria Fair — (Maria Fair has requested to be Re- Appointed) The City Commission is respectfully requested to make individual Motions for each Appointment: Any Appointments not made during this Meeting, can be made at forthcoming City Commission Meetings. DEPUTY MAYOR HOVEY MADE A MOTION TO RE-APPOINT MR. FRANK MUNDO TO THE BOARD OF TRUSTEES. MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. COMMISSIONER BROWN MADE A MOTION TO RE-APPOINT MS. BARRBARA WATKINS TO THE BOARD OF TRUSTEES. MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – NOVEMBER 14, 2011 PAGE 27 OF 29 COMMISSIONER RESNICK STATED, “I WOULD LIKE TO APPOINT ROCHELLE BURLON” TO THE BOARD OF TRUSTEES. MOTION BY COMMISSIONER RESNICK. SECONDED BY DEPUTY UNAPPROVED MAYOR HOVEY. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. COMMISSIONER KREBS MADE A MOTION TO RE-APPOINT MS. MARIA FAIR TO THE BOARD OF TRUSTEES. MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Commissioner Bonner pointed out, “With a heavy heart, I have faced with the retirement of Maxwell Swaim from the Board of Trustees” [at the end of this Term] and I am working on a replacement Appointment for the upcoming new Term of Office. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED  AGAIN NEXT, AS DOCUMENTED.  REGULAR AGENDA REGULAR 600. Community Development Department - Urban Beautification Division REQUEST: The Community Development Department, Urban Beautification Division, is requesting that the City Commission establish a workshop date to explore the issue of a brick wall which, over time, has fallen into a state of disrepair. This wall is located in Units 12/12A within the Tuscawilla Subdivision and runs along Winter Springs Boulevard and Northern Way. FISCAL IMPACT: There is no fiscal impact associated with having a workshop to discuss the Tuscawilla Units 12/12A Wall. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – NOVEMBER 14, 2011 PAGE 28 OF 29 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, UNAPPROVED 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: Staff is recommending that the City Commission establish a date in January/February 2012 for a workshop to discuss the wall situation at Tuscawilla Units 12/12A. The workshop should last approximately 1 -2 hours dependant upon the level of public input. Commissioner Bonner noted the previous discussion and noted, “It seems to me if we are successful in gathering ninety (90) homeowners, and their respective family members that would want to participate as well as other citizens from the community as well as ourselves, that is going to be a rather large gathering so we might need a special place to conduct that so I ask that to give some consideration to that being a different setting within our community for that particular Workshop.” AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS DISCUSSED  AGAIN NEXT, AS DOCUMENTED.  REPORTS REPORTS 405. Office Of Commissioner Seat Two – The Honorable Rick Brown Commissioner Brown added to his previous comments related to the Police Lieutenant who is adopting four (4) siblings from overseas, and said for the Record, “I did want to thank publicly, even though they are not here, both Tom Arthur and Al Franks from the Winter Springs and Oviedo Rotary’s, respectively, who donate the bicycles every year to Shop with a Cop. They have generously offered four (4) bicycles for the new children coming into the City.” PUBLIC INPUT No one addressed the Mayor and City Commission. Mayor Lacey closed this Public Input portion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – NOVEMBER 14, 2011 PAGE 29 OF 29 In closing, Manager Smith commented on the latest phase of the paperless Agenda process and how it has helped Staff, and stated, “The mechanisms that were put in place were ninety-nine percent (99%) in due credit to Mr. UNAPPROVED Randy Arcebido (Projects and Applications Support Specialist, Information Services Department) sitting below you. Singlehandedly, depending on which estimate you would utilize, the process that he implemented and the work he did saved the taxpayers, some - depending again who you ask, ten thousand to forty thousand dollars ($10,000.00 - $40,000.00) annually - so credit to Mr. Arcebido.” ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:48 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 Meeting. CITY OF WINTER SPRINGS FLORIDA ` Li � Z U to Incorporated 195 . 4` OR �� A . CITY COMMISSION MINUTES REGULAR MEETING MONDAY, NOVEMBER 14, 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 - NOVEMBER 14, 2011 PAGE 2 OF 29 CALL TO ORDER The Regular Meeting of Monday, November 14, 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 A moment of silence was held, followed by the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department/Planning Division REQUEST: Community Development Department is 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 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: Staff requests the City Commission receive and review the information provided in this Agenda Item. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2011 PAGE 3 OF 29 INFORMATIONAL 101. Parks and Recreation Department REQUEST: The Parks and Recreation Department wishes to inform the City Commission regarding the Revenue /Expenses from the 2011 Hometown Harvest Special Event. FISCAL IMPACT: $6,050.00 Revenue from Sponsors and Vendors $5,115.00 Expenses for Hometown Harvest Community Event $ 935.00 Net Gain 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: Staff requests the City Commission receive and review the information provided in this Agenda Item. Commissioner Rick Brown said to Mr. Chris Caldwell, Director, Parks and Recreation Department, "Just for you and Kevin (Smith, City Manager) and the rest of your team, just an outstanding job! I really appreciate the way the budget numbers came in." Commissioner Brown added, "This is exactly what I have been hoping for the past several years, that we would make our events pay for themselves, and even end up with a little bit of money left over; so, Congratulations to you and your Staff and thank you!" Mr. Caldwell stated, "Thank you very much. I would like to give credit to Brian Dunigan, Recreation and Special Events Coordinator, Parks and Recreation Department. He is here. Brian (Dunigan) has done an excellent job in savings, not only in that event but in all of our events. Thank you Brian (Dunigan)!" Mayor Lacey noted additional events that have been put on, since the Hometown Harvest. Commissioner Brown then remarked, "Also, tremendous job on the Veteran's Memorial." Furthermore, Commissioner Brown added, "It was just a great, great event." INFORMATIONAL 102. Parks and Recreation Department REQUEST: The Parks and Recreation Department wishes to inform the City Commission about the planning efforts of the 2011 Holiday Parade & Christmas Tree Lighting Event. FISCAL IMPACT: $4,700 (Budget attached). Projected Public Safety costs are $4,543. These funds are available in the FY12 Budget in line code 7260 - 51214. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2011 PAGE 4 OF 29 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: Staff requests the City Commission receive and review the information provided in this Agenda Item. This Agenda Item was not discussed. INFORMATIONAL 103. Police Department REQUEST: The Police Department wishes to inform the Commission of the results from our application for Grant Assistance through the Florida Department of Transportation. FISCAL IMPACT: These potential grant revenues and related expenditures were not included in the FY 2012 Budget pending a decision on award. Therefore, there is no fiscal impact on the FY 2012 Budget relative 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: Staff requests the City Commission receive and review the information provided in this Agenda Item. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2011 PAGE 5 OF 29 INFORMATIONAL 104. Public Works Department REQUEST: Public Works Department is advising the City Commission of the status of the Cross Seminole Trail permit for the CSX rail crossing. 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 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: Staff requests the City Commission receive and review the information provided in this Agenda Item. Regarding this Agenda Item, Commissioner Brown said, "Congratulations - that is great news! And I am glad to see that moving forward." Commissioner Gary Bonner added, "Absolutely." In other City business, Manager Smith commented, "I just wanted to also publicly acknowledge the job that Brian (Dunigan), Chris (Caldwell), and the team did on the Veteran's Ceremony. I heard nothing but positive comments twenty -thirty (20 -30) fold. And just the level of professionalism from our Police Department, and the appearance that they had; our Parks and Rec[reation] Department is just really pleasing to me just to see - the again level of professionalism and the appearance. And even folks in the Public Works Department that sometimes we don't see because they're working behind the scenes. So, just publicly wanted to thank them." "MOTION TO APPROVE INFORMATIONAL (AGENDA)." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CONSENT AGENDA CONSENT 200. Police Department REQUEST: The Police Department requests the Commission approve the use of Carl Black Orlando, via quote /bid process, for the purchase of two (2) vehicles in the amount of $50,706.00 and one (1) vehicle through the State of Florida Contract number 071 - 000 -12 -1 for $15,321.50, from FY 2012 budgeted funds. The Police Department also requests city asset number 307431 a 2002 Ford Ranger be disposed through trade in to Carl Black Orlando. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2011 PAGE 6 OF 29 FISCAL IMPACT: The funding source for the replacement vehicle program is the line code 2114 -64100 for the 2011Chevrolet Tahoe in the amount of $24,649.50, 2115 -64100 for the 2011 Chevrolet Caprice with emergency lights in the amount of $26,056.50 and 2118 -64100 for 2012 Chevrolet Colorado in the amount of $15,321.50. Trading the 2002 Ford Ranger for a credit of $3,800.00 the project cost is $62,227.50 The total budget for the eight (8) vehicles is $212,825.00. 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: Staff recommends that the City Commission approve Carl Black Orlando for purchase of three (3) vehicles in the amount of $62,227.50, funded from line codes 2114 - 64100, 2115 -64100 and 2118 - 64100, and authorize disposing asset number 307431 by trading a 2002 Ford Ranger to Carl Black Orlando. There was no discussion on this Agenda Item. CONSENT 201. Parks and Recreation Department REQUEST: Parks and Recreation recommends that the City Commission approve the 2012 partnership agreement between the City and the Central Florida United (CFU) dba Central Florida Kraze /Krush Soccer Club regarding Concession operations at Central Winds Park. FISCAL IMPACT: None 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2011 PAGE 7 OF 29 RECOMMENDATION: Parks and Recreation recommends that the City Commission authorize the City Attorney to prepare the Agreement and the City Manager to execute the 2012 partnership agreement between the City and the Central Florida United (CFU) dba Central Florida Kraze /Krush Soccer Club regarding Concession operations at Central Winds Park. No discussion. CONSENT 202. Parks and Recreation Department REQUEST: Parks and Recreation recommends that the City Commission approve the 2012 concession agreement between the City and the Winter Springs Youth Sports, Inc. regarding Concession operations at Central Winds Park. FISCAL IMPACT: None 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: Parks and Recreation recommends that the City Commission authorize the City Attorney to prepare the Agreement and the City Manager to execute the 2012 concession agreement between the City and the Winter Springs Youth Sports, Inc. regarding Concession operations at Central Winds Park. This Agenda Item was not discussed. CONSENT 203. Office of the Mayor and City Commission REQUEST: The City Clerk requests that the City Commission review and Approve Resolution Number 2011 -56 offering their Appreciation and gratitude for the Service of Mr. Dick Crenshaw as a previous Member of the Code Enforcement Board. FISCAL IMPACT: There is no fiscal impact if Resolution Number 2011 -56 is Approved. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2011 PAGE 8 OF 29 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. Upon Approval of this Resolution, the City Clerk will contact Mr. Crenshaw on behalf of the Mayor and City Commission, in keeping with what the Mayor and City Commission have previously requested. RECOMMENDATION: The City Clerk is requesting that the City Commission review and Approve Resolution Number 2011 -56 offering their appreciation to Mr. Dick Crenshaw. No discussion. CONSENT 204. Community Development Department - Arbor Division REQUEST: The Community Development Department, Arbor Division, asks that the City Commission approve the request of Ms. Judy Hernandez to remove one (1) specimen live oak tree from her residence at 726 Barrington Circle in the Georgetowne Subdivision. The resident is concerned that large roots will continue to cause further damage to the driveway, walkway, and foundation of her home. FISCAL IMPACT: If this request is approved, the applicant will pay a $25.00 arbor permit fee and provide 6 tree replacement credits. Tree replacement credits can be satisfied by planting canopy trees at the residence, at a donor site, or by making a contribution to the City arbor fund pursuant to the City's Arbor Ordinance. 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2011 PAGE 9 OF 29 RECOMMENDATION: Staff recommends that the City Commission approve the request of Ms. Judy Hernandez to remove one (1) specimen live oak tree from her residence at 726 Barrington Circle. The tree currently has large roots that are causing visible damage to her driveway, walkway, and to underground utilities. Staff feels that the current level of damage combined with the inevitability of future damage to surrounding structures qualifies as an extraordinary circumstance or hardship as referenced in Section 5 -8(b) of the Arbor Ordinance. There was no discussion on this Agenda Item. CONSENT 205. Community Development Department - Arbor Division REQUEST: The Community Development Department, Arbor Division, asks that the City Commission approve the request of Mr. Dana Griffis to remove one (1) specimen live oak tree from his residence at 618 Anhinga Road. The resident is concerned with the proximity of this large tree to his house. FISCAL IMPACT: If this request is approved, the applicant will pay a $25.00 arbor permit fee and provide 15 tree replacement credits. Tree replacement credits can be satisfied by planting canopy trees at the residence, at a donor site, or by making a contribution to the City arbor fund pursuant to the City's Arbor Ordinance. 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: Staff recommends that the City Commission approve the request of Mr. Dana Griffis to remove one (1) specimen live oak tree from his residence located at 618 Anhinga Road. The tree is very large and located very close to the home. The large roots of the tree extend beneath the house and have impacted the structure. If the tree remains it is very likely to cause further significant damage to the structure as it increases in size. Staff finds that this qualifies as an extraordinary circumstance or hardship as referenced in Section 5 -8(b) of the Arbor Ordinance. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2011 PAGE 10 OF 29 CONSENT 206. Community Development Department - Arbor Division REQUEST: The Community Development Department, Arbor Division, is requesting that the City Commission approve the request of Mr. Dennis Bell to remove one (1) specimen live oak tree from his residence located at 962 Sequoia Drive. The resident is concerned with the proximity of this large tree to his house, overhanging limbs, and damage the tree has caused to the driveway. FISCAL IMPACT: If this request is approved, the applicant will pay a $25.00 arbor permit fee and provide 7 tree replacement credits. Tree replacement credits can be satisfied by planting canopy trees at the residence, at a donor site, or by making a contribution to the City arbor fund pursuant to the City's Arbor Ordinance. 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: Staff recommends that the City Commission approve the request of Mr. Dennis Bell to remove one (1) specimen live oak tree from his residence located at 962 Sequoia Road. The tree has caused damage to the driveway and may potentially damage the foundation of the house as the tree increases in size and the roots continue to grow and expand. Removing the roots that are damaging the driveway will decrease the structural integrity and significantly impact the health/survivability of the tree. The resident has expressed concern that the uneven driveway poses a tripping hazard and plans to replace the driveway. If the tree is not removed prior to driveway replacement, it is likely that damages to the root system will result in its inevitable demise. Staff finds that this qualifies as an extraordinary circumstance or hardship as referenced in Section 5 -8(b) of the Arbor Ordinance. This Agenda Item was not discussed. CONSENT 207. Information Services Department REQUEST: The Information Services Department requests authorization to dispose of surplus assets according to the attached disposition sheets. FISCAL IMPACT: There is no cost to dispose of these surplus assets. The City receives revenue generated from items sold at auction. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2011 PAGE 11 OF 29 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: Staff recommends that the City Commission approve the disposition of the attached list of surplus assets. No discussion. CONSENT 208. Utility Department REQUEST: Utility Department Requesting Approval to Authorize Precon Corporation to make repairs to the 0.5 million gallon water storage tank at Water Treatment Plant (WTP) #1 FISCAL IMPACT: Funds are budgeted in the Utility Department line code 3600 -62100 at $75,000 for this project. 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: It is recommended that authorization be granted to award the WTP #1 1 MG storage tank repairs to Precon Corporation for $64,090.00 plus a 10% contingency payable from Utility line code 3600 - 62100. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2011 PAGE 12 OF 29 CONSENT 209. Office of the City Clerk REQUEST: Requesting the City Commission Approve the October 24, 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 October 24, 2011 City Commission Regular Meeting Minutes. No discussion. CONSENT 210. Office of the City Clerk REQUEST: Requesting the City Commission Approve the November 7, 2011 Attorney- Client Session/Special Meeting Minutes FISCAL IMPACT: There is no specific Fiscal Impact to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2011 PAGE 13 OF 29 RECOMMENDATION: The City Commission is respectfully requested to Approve the November 7, 2011 Attorney — Client Session/Special Meeting Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Oviedo-Winter Springs Regional Chamber Of Commerce Presenting the "Honorary Artist Recognition" of the Art Festival Poster to the Mayor and City Commission from the 2011 Winter Springs Festival of the Arts. Mr. Tom Pepplar, Chairman of the "Winter Springs Festival of the Arts" presented a framed commemorative Art Festival Poster from the 2011 Winter Springs Festival of the Arts to the City of Winter Springs and stated, "Out of gratitude for all of the support and help that you gave us, because it was a joint effort and it was highly successful and it couldn't be done without the good work of Parks and Recreation and the City Council and everybody involved." Mayor Lacey noted, "Thank you to the Chamber. It was a very well done event this year. I think it is really an asset to the City." AWARDS AND PRESENTATIONS 301. Parks and Recreation Department Presentation of a Certificate to Ms. Dell Walker in Appreciation of the significant accomplishments and operational improvements to our Senior Therapy Pool. Mr. Caldwell acknowledged Ms. Dell Walker, Guest Services - Therapy Pool for her accomplishments. Additionally, Mr. Caldwell also complimented Ms. Diane Oliver, Volunteer Instructor - Therapy Pool; Ms. Kitra Weaver, Volunteer Instructor - Therapy Pool; Ms. Susie Coffman, Senior Center Manager, Parks and Recreation Department; Mr. Mike Barclay, Recreation Superintendent, Parks and Recreation Department; and Mr. Dunigan then remarked, "Thank you very much for our team at the Therapy Pool." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2011 PAGE 14 OF 29 Mr. Caldwell spoke of Ms. Walker's accomplishments and noted, "As you know, the recent award where the City received the number one aquatic facility in the State, reflects that Dell (Walker) and other members of our team have made significant improvements in operations, customer service, and facility cleanliness. Dell (Walker) has also taken it upon herself to be a CPO, which is Certified Pool Operator; an ,AFO, which is an Aquatic Facility Operator; and has just recently also been certified - which both of those allow her to manage splash pads and pool facilities and then recently, she has also passed her certification to become a United States Water Fitness Water Association Certified Trainer." Mr. Caldwell added that Ms. Walker has taken on many responsibilities "Continuing the level of service at the Therapy Pool so we appreciate all Dell (Walker) has done." Continuing, Mr. Caldwell complimented Ms. Walker and another valued Volunteer, Ms. Mary Beth Pettyjohn, and explained, "Have also recently organized a signed flag which they're going to send over to the troops; so, we want to just say thank you to Dell (Walker) - thank you for doing all you are doing." AWARDS AND PRESENTATIONS 302. Police Department Presentation of an Award from "Mothers Against Drunk Driving" to Corporal John Shea of the Winter Springs Police Department who is being recognized as the Winter Springs Police Department Top DUI Officer of the Year - 2010. Chief of Police Kevin Brunelle, Police Department presented an award to Corporal John Shea, Winter Springs Police Department who was recognized as the Winter Springs Police Department Top DUI Officer of the Year. Next, Mayor Lacey recognized former Mayor John F. Bush who was present. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager — Kevin L. Smith Manager Smith mentioned the street sign Banners would be changed tomorrow from Veteran's Day to the upcoming Holiday Season Banners. Next, Manager Smith suggested everyone `Be rooting for the Chief as he heads to the Accreditation Conference tomorrow." Manager Smith added, "Best wishes to the Chief and the crew." Manager Smith said that tomorrow he would be emailing the Mayor and City Commission with a draft type of press release related to fiscal accomplishments for their consideration, and then he would send it out. Manager Smith noted he would appreciate any feedback from the Mayor and City Commission prior to formally sending out his communique. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2011 PAGE 15 OF 29 REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC No Report. REPORTS 403. Office Of The Mayor — The Honorable Charles Lacey Mayor Lacey mentioned that Chairman of the Seminole County Public Schools School Board Dede Schaffner has agreed to answer some inquiries about Seminole County Public Schools funding issues and said she would attend the next Winter Springs City Commission Regular Meeting and make a presentation. Mayor Lacey asked the City Commission if they were agreeable to this, to which there were no objections to adding this to the November 28, 2011 Regular Meeting Agenda. Mayor Lacey said to Manager Smith, "Would you extend the invitation to Ms. Schaffner ?" Manager Smith responded, "I will do Mayor. "* NOTE from the City Clerk: *After the conclusion of this Meeting, it was later suggested that this Presentation be moved to the December 12, 2011 City Commission Regular Meeting. Secondly, Mayor Lacey said that he would be speaking to 120 Third Graders tomorrow at Rainbow Elementary School. Thirdly, Mayor Lacey attended a recent Economic Development Commission event and noted that "There is a strong feeling in those circles that Winter Springs is a city on the move." Lastly, Mayor Lacey mentioned that the business EZYield had sold and is now known as Travel Click and suggested we keep in touch with them. REPORTS 404. Office Of Commissioner Seat One/Deputy Mayor — The Honorable Jean Hovey Deputy Mayor Jean Hovey noted that tomorrow night, November 15, 2011 at 6 p.m. in the Media Center at Lyman High School will be a meeting of the new Seminole County Public Schools Superintendent Search Committee; and then another meeting will be held on Wednesday, November 16, 2011 at Seminole High School, also at 6 p.m. Next, Deputy Mayor Hovey advised that on November 5 2011, she attended the CALNO - Council of Local Governments in Seminole County meeting for Mayor Lacey and at this meeting it was mentioned that on Monday, December 5 2011, the City of Oviedo would be introducing their new City Manager and recognizing Mayor Dominic Persampiere on his recent Re- Election. Additionally, Deputy Mayor Hovey noted that Seminole State College's presentation included data on their 32,000 students and other impressive growth related statistics. Deputy Mayor Hovey then asked about a news story about Seminole County putting ammonia in their water. Mr. Brian Fields, P.E., City Engineer, Public Works Department addressed this. Continuing, Deputy Mayor Hovey inquired about Mosquito spraying in the City and Mr. Fields said it was done "As needed. We have the ability to spray throughout the City." Further comments followed on recent spraying activity. Deputy Mayor Hovey then noted, "So it is, `As needed' - if someone in their neighborhood might see in the future a bigger outbreak than normal, can they call the City and request to be sprayed ?" Mr. Fields said, "Yes they can." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2011 PAGE 16 OF 29 Next, Deputy Mayor Hovey commented on some small dogs barking outside during the day. Chief Brunelle suggested that on such situations that the Police Department can be called and said they would try to work out a solution through educational means and let people know that some individual work night shifts and thus these individuals sleep during the day, and to contact the Police Department in such situations. Lastly, Deputy Mayor Hovey mentioned that she had attended the recent Veteran's Day Memorial Service and stated, "It was great. Thank you everyone. Good job!" REPORTS 405. Office Of Commissioner Seat Two — The Honorable Rick Brown Commissioner Brown remarked that last Thursday he was invited by some Winter Springs residents to attend a presentation with Seminole County Public Schools' Dr. Vogel for students zoned to attend Lawton Elementary School in Oviedo. Commissioner Brown mentioned that instead of a presentation, he found out at the last moment that he was to be part of the program and was asked to comment on a possible Special Election for Winter Springs residents related to a possible Penny Tax increase and that they hoped Commissioner Brown would show his support of these initiatives. With further comments on this meeting and if possible staffing cuts and school closures expenses were considered, what savings could be realized, Commissioner Brown stated, "What Dr. Vogel admitted on stage was and said, when questioned directly, was the only school that was in jeopardy of closing was a small school in Sanford. None of the other rumors we have heard are true - Keeth (Elementary School) isn't scheduled to close; Layer (Elementary School) isn't on the list to be closed. Our schools are intact." Discussion followed on other comments made during this meeting and suggested other Winter Springs Elected Officials be wary of similar invitations; and the possible Special Election for a Penny Tax increase. Deputy Mayor Hovey thought that these issues should be addressed before or with Chairman of the Seminole County Public Schools School Board and/or Chairman Dede Schaffner when she attends the next Winter Springs City Commission Regular Meeting. Commissioner Brown added, "Absolutely." Next, Commissioner Brown noted that there is a Winter Springs Police Officer who is in the process of adopting four (4) siblings from overseas and that he would be holding a fundraiser for this family at Tijuana Flats on December 8 2011 and encouraged all to attend. Continuing his Report, Commissioner Brown mentioned that on Sunday, December 11 2011, Boys Town of Central Florida would be holding their annual Christmas Tree Lighting at the Oklahoma Street facility, starting at 5 p.m. and that all are welcome. Commissioner Brown remarked that on December the 17 2011 at the Winter Springs Town Center, Boys Town of Central Florida would be holding their next 5K and interested participants can register via Front Running Sports. Commissioner Brown then recognized Mr. Fields for his past successes as a front runner /winner in his categories. Continuing, Commissioner Brown mentioned an upcoming Grand Opening and Ribbon Cutting event at the new "Zoo Health Club" which should be held on December 1 2011 and that Mayor Lacey and the City Commission will be asked to attend. The Ribbon Cutting will most likely be late in the afternoon on that day. Related to the City of Winter Springs' Christmas Parade, Commissioner Brown noted he would be using his own car for that event. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2011 PAGE 17 OF 29 Concluding his Report, Commissioner Brown asked about the status of a Contract for the Scottish Highland Games. Mr. Caldwell noted, "It's scheduled to come to the next meeting." REPORTS 406. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Bonner commended the Parks and Recreation Department on an excellent job and financial turnaround related to the latest events they have put together. Next, Commissioner Bonner said to Mayor Lacey, "I do want to extend my compliments to you on your diligence in seeing through the work to get the Trail completed, the missing link completed." Continuing his comments, Commissioner Bonner mentioned that he hoped that former Mayor Bush would help celebrate this accomplishment, when a Ribbon Cutting is held. Lastly, Commissioner Bonner apologized for not being able to attend some recent City events (and some upcoming ones also) as this is a very busy time for his business. Also due to business commitments, Commissioner Bonner noted that right now, he did not think he would be able to attend the November 28` 2011 City Commission Regular Meeting. REPORTS 407. Office Of Commissioner Seat Four — The Honorable Cade Resnick Commissioner Cade Resnick acknowledged some of his Lyman High School students who were in attendance at tonight's City Commission meeting. Next, Commissioner Resnick remarked, "To the staff who put the Veteran's Memorial event together, thank you so very much. It was a great event." Commissioner Resnick also asked that the trumpeters be thanked as his son enjoyed their playing. REPORTS 408. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Joanne M. Krebs also complimented the Parks and Recreation Department and City Staff for recent events and revenues. Next, Commissioner Krebs then recognized City Attorney Anthony A. Garganese for being Appointed as an At Large Delegate for the Florida League of Cities' Legislative Committee, and said, "Congratulations Anthony (Garganese)! We appreciate that! We appreciate your service too!" Commissioner Krebs also noted that she would not be able to attend the November 28` 2011 City Commission Regular Meeting due to a previous commitment. Further regarding Mosquito spraying in the City, Commissioner Krebs asked Mr. Fields if we were on the County's schedule? Mr. Fields explained, "The County sprays on a street -by- street basis. They have that capability. They also have the capability to do aerial spraying. We consider what the County provides as supplemental to what we provide. So, we don't rely on the County to do mosquito spraying. They do have a County -wide program, however, we just don't feel like it's enough to handle a mosquito event like we had over the past several weeks." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2011 PAGE 18 OF 29 PUBLIC INPUT No one spoke at this time. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Public Works Department and Community Development Department REQUEST: The Public Works and Community Development Departments are requesting that the City Commission approve Final Engineering and Aesthetic Review Plans for the Shepard Road Streetscape Project, a roadway improvement project funded by the US 17 -92 Community Redevelopment Agency (CRA) for the City of Winter Springs. FISCAL IMPACT: This agenda item is requesting approval of the Final Engineering Plans and Aesthetic Review for the Shepard Road Streetscape Project. There is no additional fiscal impact as a result of approving this agenda item as recommended by staff. A recommendation to award the construction contract is expected to be submitted for City Commission approval at the December 12, 2011 City Commission meeting. 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. Final Engineering and Aesthetic Plans have been issued to the following organizations that have been working with city staff and are located adjacent to the project area: The Highlands Home Owner's Association, Wildwood Home Owner's Association, Highlands Elementary School, Dittmer Aluminum and The Beautification of Winter Springs Advisory Board. RECOMMENDATION: Staff recommends that the City Commission approve the Final Engineering and Aesthetic Review plans for the Shepard Road Streetscape Project. Mr. Fields introduced this Agenda Item for discussion and reviewed the Agenda Item and renderings. Referring to a rendering of the gateway tower, Mr. Fields noted, "Our thoughts are, after going through design with this, that the tower is a little bit out of scale for this particular cross section, when you look at the landscape median and everything that's there and that - something like that may be better placed on a larger roadway corridor such as State Road 434. So, we are looking at a CRA (Community Redevelopment Agency) project, possibly on State Road 434. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — NOVEMBER 14, 2011 PAGE 19 OF 29 Our recommendation would be to probably stick with the Base Bid and to consider this - keep this design and implement that on that future project. However, it is in the Base Bid and no decision needs to be made on that tonight. We will bring this back to the Commission with some prices on that and we would welcome any feedback tonight on that particular aspect of the project. Whether you like the Gateway Tower or whether you like the columns in the Base Bid. As I mentioned, the project is out to Bid, with Bids due November 30` (2011). It's our intent to bring this back on December 12 (2011) with the recommendation of Award and to start construction in January." Further comments followed on communication efforts. Tape 1 /Side B Discussion followed on the widening of U.S. Highway 17 -92, north of Shepard Road. 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." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office of the City Attorney REQUEST: The City Attorney is requesting the City Commission's consideration of a Settlement Agreement in the case Atlantic Housing Partners L.L.L.P., a Florida Limited Liability Partnership et. al. v. City of Winter Springs CASE NO. 6:10 -CV- 01905- MSS -DAB In and Before the Federal District Court in Orlando, Florida, and CASE NO. 10 -57 -AP In and Before The Circuit Court of Seminole County, Florida FISCAL IMPACT: The fiscal impact will be identified in the Settlement Agreement which will be provided by Friday, November 11, 2011. 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2011 PAGE 20 OF 29 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 Attorney recommends that the City Commission consider the proposed Settlement Agreement and take whatever action deemed appropriate. Attorney Garganese began the discussion on this Agenda Item and stated, "This Agenda Item is in the spirit of settlement negotiations." Mayor Lacey remarked that as this is a Public Hearing, he would suggest that Attorney Garganese explain what the City Commission is considering. Attorney Garganese commented, "As I stated, during the Mediation we began exploring the possibility of Settlement and then - that Settlement was structured because of the Plaintiffs desire to pursue a different project in the City of Winter Springs. That different project is located along Moss Road and State Road 434. That different project was previously approved by the City Commission as an eighty -four (84) unit condominium project formerly known as Saratoga and the Saratoga project was approved by the previous City Commission in 2004 and 2006. So, the Plaintiffs expressed a desire for a different project." Continuing, Attorney Garganese noted, "The City and the Plaintiffs recognize and acknowledge that there was a previous approved project, the Saratoga project that I just mentioned, and that that Saratoga project is currently abandoned. After the City Commission approved the Saratoga project, the Developer proceeded with infrastructure for that project, trees were taken down, storm water retention facilities were constructed. There was some mitigation I believe as a result of that, that was done. In addition, the roadways and the lighting infrastructure, and the water and sewer infrastructure are currently in the ground at the Saratoga site. So, the two (2) parties recognize that that project was abandoned, that that infrastructure is not in use and that recommencing that project, albeit in a slightly different form has an economic benefit to both the Plaintiffs and the City of Winter Springs. In furtherance of this pursuit of this different project, attached to the Settlement Outline is a detailed aesthetic review package for the recommenced project that's being proposed." Attorney Garganese continued by saying, "Generally the building may look familiar because it is - the Town Center concept that they're proposing to construct at the former Saratoga site. In addition, in the Settlement outline, there's language about an expedited Final Permitting Review Process; there is a desire by Plaintiffs to expedite the construction of this new project to be called the Fountains at Moss Park." Additionally, Attorney Garganese noted, "So, there is an expedited review process which generally provides that all of the additional approvals that would be required would be handled at an administrative level under the City Manager. I would like to note as an aside - that the Saratoga project was previously Approved, the Engineering and so forth is basically done; so, this project's going to be in substantial conformity with what was already Approved by the City Commission with some exceptions. There is some language in the outline that would permit the City Manager to make some minor modifications to the project. Further, on page 5 of the outline, it addresses signage. In 2006, the City Commission approved a Project Entry Icon sign to be located in the commercial parcel that's reflected on the Aesthetic Review package, and the Plaintiffs in this case would like to have that Icon sign as well, so that's restated on page 5. Page 6 talks about On -Site Landscape design, that the proposed project would be in substantial conformity with the Landscape Plans that were previously approved by the City Commission and if they wish to make modifications, the Manager is authorized to review any proposed modifications; but in essence, the On -Site Landscape Plan will be in accordance with the Landscape Plan that was previously approved by the Commission. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2011 PAGE 21 OF 29 In addition, in 2006, the City Commission and the prior Developer agreed to off -site landscape improvements for Moss Road and that off -site landscape improvement project, although it was approved by the Commission, was never started. The Plaintiffs are willing to complete that offsite landscape improvement project for Moss Road. Attached to the Settlement outline as `Exhibit B' is the Agenda Item and the Plan that the previous Commission approved. In general, that Plan will require approximately 109 canopy trees to be installed along the Moss Road entrance near State Road 434. There are some technical provisions in the outline regarding Certificates of Occupancy. They're requesting that Certificates of Occupancy be granted on an individual building basis. That is not something unusual and wasn't an issue. On page 7, it addresses Permit, Impact, and Connection Fees for the development. The parties acknowledge that the Plaintiffs would be required to pay the normal City and County Impact, Connection, Plan Review, and Permit Fees as applicable for the project; however, in Settlement of this litigation, the City would agree to pay the Plaintiffs in installments, the amount of City Fees that are paid. The City would pay them back to the Plaintiffs in settlement of this Case. Also on page 7, it addresses a very important part of this Settlement, that is the current allocation for the State Tax Credit Allocation that the Plaintiffs have. They would have to request that that Tax Credit Allocation be moved from the Town Center proposed project site, to the Fountains at Moss Park. So, the City would agree to make that request along with the Plaintiffs, to make that happen - and I am going to talk about three (3) very important final conditions to the Settlement, but that is one of them that has to occur in order for the Settlement to be consummated. On page 8, with respect to Winter Springs Police Officers, the Plaintiffs would agree to submit for a Waiver to allow one (1) Winter Springs Police Officer to reside at the project regardless of income qualifications. That Waiver of course would be in the hands of the State and at the State's discretion, but the Plaintiffs are willing to make that request. Also, on page 8, it talks about support of a fifty -five plus (55 +) resident requirement. This proposed project for the Fountains site, will not be an age restricted community, however the Plaintiffs are agreeing to provide discounts and financial incentives to residents fifty -five (55) years of age and older, and agree to provide early and ongoing marketing to this group of individuals, fifty -five (55) years of age and over. With respect to the Fountains project, this project would be a gated community with property management that the Plaintiffs currently use throughout their other projects in central Florida. The gates would be required to be closed between dusk to dawn at a minimum, for security purposes. On page 9 of the outline, there's a `Good Corporate Citizen' provision where the Plaintiffs or those acting on their behalf agree and pledge to the City that they would be good corporate citizens. In furtherance of this pledge they have agreed to make on their own initiative or at the request of the City, at least one (1) financial contribution to at least one (1) signature annual City Special Event - I don't need to go over which events those are, but you know what the signature events are. That pledge would be good for ten (10) years mandatory under the proposed Agreement." On page 9, it addresses a Lot Split issue. If you look at the Site Plan for the Fountains project as previously approved for the Saratoga project, there was a residential and a commercial component for the project. The commercial component is along State Road 434; the residential abuts it, but is not on (State Road) 434. The Plaintiffs are requesting a Lot Split; in essence, split out the commercial parcel from the overall project, the residential component of the project. The City has Lot Split provisions in its Code and under this Settlement Agreement, the City would agree to that Lot Split and it would ultimately come back to the Commission to be ratified by Resolution, pursuant to the Code when all the technical details of the Lot Split have been worked out. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2011 PAGE 22 OF 29 Of course as in any Settlement, there are mutual releases and no liability clauses. I just want to briefly address what it would take to ultimately dismiss the litigation. There are three (3) conditions for the Dismissal to occur. That Dismissal would be with Prejudice if the following contingent conditions are satisfied. The first condition is that first, there would be a Final Approval of the Fountains at Moss Park project by the City of Winter Springs, as contemplated by the outline. The second condition, the language was slightly modified and I apologize, the modified language didn't show up in that one (1) page that I forwarded to the Commission due to a PDF glitch. The black line portion didn't show up on the email that I sent; but condition (2) begins with reimbursement of City Impact, Connection, Plan Review Fees. That language has changed to fulfillment of the terms of paragraph (g) herein above and what that means is that - with respect to the settlement provisions regarding the payment of the Impact, Connection, Plan, and Permit Fees; once that is completely satisfied that would be a material condition for the Dismissal with Prejudice. The third condition is that the State approves the request to transfer the Housing Credit Allocation from the Town Center project to the Fountains at Moss Park project site. So, just to recapitulate the actual three (3) conditions - one (1), there needs to be a Final Approval of the project which would occur pursuant to the outline at the administrative level; two (2), fulfillment of the payment terms for the Fees that I mentioned; and three (3), the Approval of the Housing Credit Transfer, would have to occur." Deputy Mayor Hovey said to Attorney Garganese, "I heard you say and I think I heard it last week too, the trees that they are going to plant on Moss Road, this [Agenda Item] 409 from September 11, 2006 says they are going to be from Moss Road from (State Road) 434 to (State Road) 419, but I think I heard you say, that it is going to be from their entrance to (State Road) 434." Attorney Garganese responded, "It's basically as it is stated in the Agenda Item, what they are agreeing to. If I did not categorize it properly, I apologize." Deputy Mayor Hovey then asked if Attorney Garganese could explain to everyone in the audience what a "Motion to Dismiss with Prejudice" means. Attorney Garganese explained, 'Motion to Dismiss with Prejudice' would mean that they would dismiss the Case forever; so, the Case would be done. Each party would go their own way, pursuant to the terms of the Settlement Agreement. There would be no admission of liability, there will be no liability. The parties have amicably resolved this specific Case and the Case cannot be brought back or re- filed." Mayor Lacey opened the "Public Input" portion of the Agenda Item. Mr. Bob Henderson, 635 White Ibis Court, Winter Springs, Florida: addressed the City Commission and noted that this matter came before the Highlands Homeowner's Association last Thursday and there were no negative comments; and that he himself agreed with this proposal. Mr. Henderson also noted that he was speaking on behalf of the Board. Furthermore, Mr. Henderson asked if there were other recreational facilities planned for the residents, in addition to the proposed Clubhouse; and suggested that since the approval process was being shortened, Mr. Henderson hoped that each City Commission Member and the City Manager would please consider things carefully to protect the City from any criticism. On the issue of recreation facilities, Mr. Randy Stevenson, AICP, ASLA, Director, Community Development Department explained, "As we've looked, again they do have a Clubhouse that has been enlarged from the original Clubhouse I believe, to incorporate a clubhouse, meeting rooms, things of this nature, plus there is a pool I believe, behind the Clubhouse as well, that is also a recreational amenity on site." Mr. Stevenson added, "A walking path around the area there also has been incorporated into the site plan. Again, much the same as was originally approved." Mr. Kevin Cannon, Post Office Box 3151, Orlando, Florida: commented on a Forbearance Agreement for the Applicant, and asked if the Plantiff could reapply. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2011 PAGE 23 OF 29 Attorney Garganese noted, "They cannot reapply for the proposed project at the site that was proposed in Winter Springs Town Center - that's in the acknowledgement..." Mr. Cannon added, "...And that's the scope of it ?" Attorney Garganese remarked, "Right, I mean with respect to any other Applications, they'd be treated just like any other property owner or Developer." Mr. Cannon then asked what Attorney Garganese thought of the chances for the transfer allocation. Brief discussion followed. Mr. Cannon then mentioned that he personally thought this proposed project was a good resolution. Mayor Lacey closed the "Public Input" portion of the Agenda Item. Referencing one of the photos in the Agenda Item, Commissioner Krebs then said to Mr. Stevenson, "If you recall when this was a condominium complex, the issue went back and forth on where the garages are or if they were feasible - and then it came to the carports; and I think one of my concerns at that time was the parking. And at that time, because the commercial component was there, there was a shared parking thought and then there was going to be a pedestrian gate in, so that if people had visitors - they could at least park somewhere and get in." Continuing, Commissioner Krebs noted, "There is a statement there that says something to the effect that carports may be used at Developers..." Mr. Stevenson added, "...To support solar panels." Further comments followed on whether there might be more parking if carports were not used. Mr. Stevenson noted that the proposed carports would not lessen the amount of parking spaces and that there was still a pedestrian connection. With further comments, Mr. Stevenson said that, "The proposed locations for any carports may go in are the exact same as they would have been as they were actually on the approved plan for Saratoga. In other words, the locations are still the same. You'll notice they're not proposing any in the middle but they're around the edges." Additionally, Commissioner Krebs stated, "I would prefer as much parking as possible." Mayor Lacey asked, "Is there a Motion to Approve item `501' ?" "MOTION BY TO APPROVE." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. Attorney Garganese stated, "I would just ask also that the Commission authorize the Manager and I to put this in Settlement Agreement form and finalize it." "SO MOVED." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2011 PAGE 24 OF 29 REGULAR AGENDA REGULAR 600. Community Development Department - Urban Beautification Division REQUEST: The Community Development Department, Urban Beautification Division, is requesting that the City Commission establish a workshop date to explore the issue of a brick wall which, over time, has fallen into a state of disrepair. This wall is located in Units 12/12A within the Tuscawilla Subdivision and runs along Winter Springs Boulevard and Northern Way. FISCAL IMPACT: There is no fiscal impact associated with having a workshop to discuss the Tuscawilla Units 12/12A Wall. 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: Staff is recommending that the City Commission establish a date in January /February 2012 for a workshop to discuss the wall situation at Tuscawilla Units 12/12A. The workshop should last approximately 1 -2 hours dependant upon the level of public input. Mr. Steve Richart, Urban Beautification Services Division, Community Development Department introduced this Agenda Item for discussion and PowerPoint slides were shown. Commissioner Bonner commented that he had discussed this issue with some of the residents and that there is a concern with this matter. Commissioner Bonner commented on the ninety (90) affected residents and added, "My general thinking is to support Staff's recommendation and to invite those residents to come into a Workshop format where we can have the opportunity to discuss their thoughts about their neighborhood. Obviously, a Workshop would also afford other residents to come forward and have their opportunity to talk about a feature of the community that impacts them as well, because of the fact that it is along a main artery within our City." Continuing, Commissioner Bonner then said, "I suspect there is going to be a number of great ideas that will come out of that and will have to be researched by Staff so I don't really see that coming before us instantaneously for a decision." Commissioner Krebs stated, "I agree with you Commissioner Bonner. I do think we do need to have a Workshop but I also think that we should invite all ninety (90) of those people to this Workshop because it directly impacts them. Of course, around would be great too because there are probably other communities that are facing some of the same challenges that they are." Mayor Lacey added, "Definitely." Mr. Richart noted, "If it'd please the Commission, we would just simply go door to do, just to keep the cost down." Commissioner Krebs said, "However you want to do it." Commissioner Brown remarked, "I agree completely." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2011 PAGE 25 OF 29 Mayor Lacey inquired of the City Commission, "Is there an objection to having the Workshop ?" Deputy Mayor Brown commented, "None." Commissioner Krebs stated, "No." No Commissioner noted any objection. Discussion followed on possible dates, and suggested Monday, January 30 2012. Commissioner Bonner said he would be available and added, "Let us make it the 30 Absolutely." Commissioner Resnick agreed and stated, "Okay." With no objections, Mayor Lacey summarized Monday, January 30 2012 at "6 p.m." Commissioner Bonner then said to Mr. Richart, "I applaud your suggestion of going door to door. I think this is a circumstance where we need to make an earnest effort at contacting each and every impacted resident of that community and if you need some assistance, I will be more than to happy to walk door to door with you, okay." Mayor Lacey summarized, "We are scheduled for January 30 (2012) at 6 p.m. here." Deputy Mayor Hovey mentioned, "The President of the Tuscawilla Homeowner's Association is here - can you put something in your newsletters too ?" It was noted that the Editor was in attendance also. Commissioner Brown mentioned that he also supported Commissioner Bonner and offered, "I will walk as well." Discussion followed that this meeting on Monday, January 30 2012 would be a Workshop and was agreed to. Commissioner Bonner, and Mayor Lacey voiced their support of having this be a Workshop. No objections were noted. REGULAR 601. Office of the City Clerk REQUEST: The City Clerk requests that the City Commission consider expiring Terms of Office for the Board of Trustees and make any applicable Appointment(s)/Reappointment(s) to the Board of Trustees for a new Term of Office which will begin on January 2, 2012. FISCAL IMPACT: There is no fiscal impact to this Agenda Item. COMMUNICATION EFFORTS: The Committee Members whose Terms of Office expire in January 2012, as referenced in this Agenda Item have been notified. 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2011 PAGE 26 OF 29 RECOMMENDATION: All Commissioners are requested to make their respective Appointments/Reappointments regarding the Board of Trustees, as noted in this Agenda Item - with consideration that Board Members will be needed for quorums for forthcoming Meeting(s). Any individuals Appointed/ReAppointed would begin a new Term of Office no earlier than January 2, 2012. Appointment To Be Made By Deputy Mayor Jean Hovey — Seat One: • Seat currently held by the newly Appointed Frank Mundo (Mr. Mundo is expected to be sworn in at his first Board of Trustees Meeting on November 8, 2011). Appointment To Be Made By Commissioner Rick Brown — Seat Two: • Seat currently held by Barbara Watkins - (Barbara Watkins has requested to be Re- Appointed) Appointment To Be Made By Commissioner Gary Bonner — Seat Three: • Seat currently held by Max Swaim — (Max Swaim has requested not to be Re- Appointed) Appointment To Be Made By Commissioner Cade Resnick — Seat Four: • Seat currently held by Vernon Rozelle, Jr. (Vernon Rozelle, Jr. will be Termed out in January 2012) Appointment To Be Made By Commissioner Joanne M. Krebs — Seat Five: • Seat currently held by Maria Fair — (Maria Fair has requested to be Re- Appointed) The City Commission is respectfully requested to make individual Motions for each Appointment: Any Appointments not made during this Meeting, can be made at forthcoming City Commission Meetings. DEPUTY MAYOR HOVEY MADE A MOTION TO RE- APPOINT MR. FRANK MUNDO TO THE BOARD OF TRUSTEES. MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. COMMISSIONER BROWN MADE A MOTION TO RE- APPOINT MS. BARRBARA WATKINS TO THE BOARD OF TRUSTEES. MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2011 PAGE 27 OF 29 COMMISSIONER RESNICK STATED, "I WOULD LIKE TO APPOINT ROCHELLE BURLON" TO THE BOARD OF TRUSTEES. MOTION BY COMMISSIONER RESNICK. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. COMMISSIONER KREBS MADE A MOTION TO RE- APPOINT MS. MARIA FAIR TO THE BOARD OF TRUSTEES. MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Commissioner Bonner pointed out, "With a heavy heart, I have faced with the retirement of Maxwell Swaim from the Board of Trustees" [at the end of this Term] and I am working on a replacement Appointment for the upcoming new Term of Office. ❖ ❖ AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED AGAIN NEXT, AS DOCUMENTED. • • REGULAR AGENDA REGULAR 600. Community Development Department - Urban Beautification Division REQUEST: The Community Development Department, Urban Beautification Division, is requesting that the City Commission establish a workshop date to explore the issue of a brick wall which, over time, has fallen into a state of disrepair. This wall is located in Units 12/12A within the Tuscawilla Subdivision and runs along Winter Springs Boulevard and Northern Way. FISCAL IMPACT: There is no fiscal impact associated with having a workshop to discuss the Tuscawilla Units 12/12A Wall. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 14, 2011 PAGE 28 OF 29 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: Staff is recommending that the City Commission establish a date in January /February 2012 for a workshop to discuss the wall situation at Tuscawilla Units 12/12A. The workshop should last approximately 1 -2 hours dependant upon the level of public input. Commissioner Bonner noted the previous discussion and noted, "It seems to me if we are successful in gathering ninety (90) homeowners, and their respective family members that would want to participate as well as other citizens from the community as well as ourselves, that is going to be a rather large gathering so we might need a special place to conduct that so I ask that to give some consideration to that being a different setting within our community for that particular Workshop." ❖❖ AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS DISCUSSED AGAIN NEXT, AS DOCUMENTED. •:•+ REPORTS REPORTS 405. Office Of Commissioner Seat Two — The Honorable Rick Brown Commissioner Brown added to his previous comments related to the Police Lieutenant who is adopting four (4) siblings from overseas, and said for the Record, "I did want to thank publicly, even though they are not here, both Tom Arthur and Al Franks from the Winter Springs and Oviedo Rotary's, respectively, who donate the bicycles every year to Shop with a Cop. They have generously offered four (4) bicycles for the new children coming into the City." PUBLIC INPUT No one addressed the Mayor and City Commission. Mayor Lacey closed this Public Input portion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — NOVEMBER 14, 2011 PAGE 29 OF 29 In closing, Manager Smith commented on the latest phase of the paperless Agenda process and how it has helped Staff, and stated, "The mechanisms that were put in place were ninety -nine percent (99 %) in due credit to Mr. Randy Arcebido (Projects and Applications Support Specialist, Information Services Department) sitting below you. Singlehandedly, depending on which estimate you would utilize, the process that he implemented and the work he did saved the taxpayers, some - depending again who you ask, ten thousand to forty thousand dollars ($10,000.00 - $40,000.00) annually - so credit to Mr. Arcebido." ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:48 p.m. RESPECTFULLY SUBMITTED: A '�� ORENZO - LUACES, MMC CITY LERK APPROVED: 2 MA' OR CH ' NOTE: These Minutes were approved at the November 28, 2011 City Commission Regular Meeting.