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HomeMy WebLinkAbout2013 07 22 City Commission Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA �oN`1'ER 04 ‘,%. ' I-- ligk 6/ Incorporated • 1959 • CITY COMMISSION MINUTES REGULAR MEETING MONDAY, JULY 22, 2013 - 5:15 P.M. CITY HALL—COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Cade Resnick- Seat Four Commissioner Jean Hovey- Seat One Commissioner Rick Brown- Seat Two Commissioner Pam Carroll - Seat Three Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 22,2013 PAGE 2 OF 22 CALL TO ORDER The Regular Meeting of Monday, July 22, 2013 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 Cade Resnick,present Commissioner Jean Hovey,present Commissioner Rick Brown,present Commissioner Pam Carroll,present Commissioner Joanne M.Krebs,present City Manager Kevin L. Smith,present City Attorney Anthony A. Garganese,present City Clerk Andrea Lorenzo-Luaces,present A moment of silence was held, followed by the Pledge of Allegiance. Mayor Lacey recognized special guests Miss Mikayla Adamission and Miss Mia Carter who had sent a letter to Mayor Lacey about a broken sidewalk in front of a neighbor's house. Mayor Lacey pointed out, "The sidewalk was fixed within a few days, a tribute to Kip (Lockcuff, P.E., Director, Public Works/Utility Departments) and Brian (Fields, P.E., City Engineer, Public Works Department) -thank you gentlemen. Those are the two (2) men who made it all happen." To Miss Adamission and Miss Carter, Mayor Lacey further said, "Thank you for coming tonight. We appreciate you coming out and your interest in helping the City!" INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department 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 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, 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-JULY 22,2013 PAGE 3 OF 22 RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. No discussion. INFORMATIONAL 101. Public Works Department-Stormwater Division REQUEST: The Public Works Department- Stormwater Division is providing information to the City Commission on a recent upgrade of the City's Community Class Rating under the National Flood Insurance Program's Community Rating System. FISCAL IMPACT: This agenda item is for information only and has no fiscal impact. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and 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, 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. "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CONSENT AGENDA CONSENT 200. Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting the City Commission authorize the City Manager to execute the attached Recreation Program Agreement, as prepared by the City Attorney, between the City of Winter Springs and the Winter Springs Youth Sports Organization. The term of Agreement commences on August 1,2013, and ends on July 31,2015. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 22,2013 PAGE 4 OF 22 FISCAL IMPACT: This agreement will provide to the City of Winter Springs$14,500 annually in FY 14 & FY15. 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, 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 the City Commission authorize the City Manager to execute the attached Recreation Program Agreement, as prepared by the City Attorney, between the City of Winter Springs and the Winter Springs Youth Sports Organization for a term commencing on August 1, 2013, and ending on July 31,2015. There was no discussion on this Agenda Item. CONSENT 201. Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting the City Commission authorize the City Manager to execute the attached Recreation Program Agreement, as prepared by the City Attorney, between the City of Winter Springs and the Winter Springs Grizzlies. The term of Agreement commences on August 1, 2013, and ends on July 31,2015. FISCAL IMPACT: This agreement will provide to the City of Winter Springs$8,000 annually in FY 14 & 15. 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, 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-JULY 22,2013 PAGE 5 OF 22 RECOMMENDATION: Staff is recommending the City Commission authorize the City Manager to execute the attached Recreation Program Agreement, as prepared by the City Attorney, between the City of Winter Springs and the Winter Springs Grizzlies. The term of Agreement commences on August 1,2013, and ends on July 31,2015. No discussion. CONSENT 202. Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting the City Commission authorize the City Manager to execute the attached Recreation Program Agreement, as prepared by the City Attorney, between the City of Winter Springs and the Sunshine Youth Basketball League, Inc. The term of Agreement commences on August 1,2013,and ends on July 31,2015. FISCAL IMPACT: This agreement will provide to the City of Winter Springs $14,000 annually in FY 14& 15. 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, 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 the City Commission authorize the City Manager to execute the attached Recreation Program Agreement, as prepared by the City Attorney, between the City of Winter Springs and the Sunshine Youth Basketball League, Inc. The term of Agreement commences on August 1, 2013, and ends on July 31,2015. This Agenda Item was not discussed. CONSENT 203. Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting Commission approval to accept the $250,000 EECBG State Department of Energy Grant and to utilize these funds through the State approved sole source provider,Musco lighting to retrofit the ball field lights on two fields at Central Winds Park. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 22,2013 PAGE 6 OF 22 FISCAL IMPACT: Project funded via a State of Florida Department of Energy non-matching grant of $250,000. No City funds will be expended for this project. The new system is also estimated to provide a electric usage cost savings of approximately 40%. 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, 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 Parks and Recreation Department is recommending the Commission approve the acceptance of the $250,000 EECBG State Department of Energy Grant and the utilization of these funds through the State approved sole source provider, Musco lighting, to retrofit the ball field lights on two fields at Central Winds Park. No discussion. CONSENT 204. Public Works Department REQUEST: The Public Works Department requests the City Commission approve the Offices at Winding Hollow plat and authorize the plat to be recorded,subject to satisfaction of the recommended conditions of approval. 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, 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-JULY 22,2013 PAGE 7 OF 22 RECOMMENDATION: Staff recommends the City Commission approve the Offices at Winding Hollow plat, and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents, subject to the following conditions: 1. Provision of the required bond,letter of credit,or cash deposit,as applicable. 2. Address the City survey consultant's comment requesting that all easements from the title opinion be listed on the plat. There was no discussion on this Agenda Item. CONSENT 205. Public Works Department REQUEST: The Public Works Department requests the City Commission's authorization to approve Resolution 2013- 26 and enter into a Local Agency Program Supplemental Agreement with the Florida Department of Transportation to provide additional funding for surveying and right-of-way mapping for the proposed right-turn deceleration lane on S.R.434 eastbound at Winding Hollow Boulevard FISCAL IMPACT: The project is entirely federally funded and has no fiscal impact to the City. 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, 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 the Commission approve Resolution 2013-26 and provide authorization for the City Manager to enter into a Local Agency Program Supplemental Agreement with the Florida Department of Transportation to provide additional funding for surveying and right-of-way mapping for the proposed right-turn deceleration lane on S.R. 434 eastbound at Winding Hollow Boulevard, and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. No discussion. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 22,2013 PAGE 8 OF 22 CONSENT 206. Public Works Department REQUEST: The Public Works Department requests the City Commission's authorization to execute Amendment#1 to the Engineering Services Agreement with Pegasus Engineering, LLC in the amount of $39,780 for additional surveying and right-of-way mapping for the proposed right-turn deceleration lane on S.R. 434 eastbound at Winding Hollow Boulevard. FISCAL IMPACT: The contract amendment is entirely federally funded and has no budget impact to the City. 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, 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 the Commission authorize executing Amendment #1 to the Engineering Services Agreement with Pegasus Engineering,LLC in the amount of$39,780, and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. This Agenda Item was not discussed. CONSENT 207. Office of the City Clerk REQUEST: The City Clerk requests that the City Commission review and approve Resolution Number 2013-20 offering their appreciation and gratitude for the service of Ms. Maria Fair as a recent Member of the Board of Trustees. FISCAL IMPACT: There is no fiscal impact related to Resolution Number 2013-20,if this Resolution is Approved. 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, 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-JULY 22,2013 PAGE 9 OF 22 Upon Approval of this Resolution, the City Clerk will contact Ms.Fair on behalf of the Mayor and City Commission, in keeping with what the City Commission has previously requested, and invite Ms.Fair to attend a future City Commission meeting to receive her Resolution in person, from the Mayor and City Commission. RECOMMENDATION: The City Clerk is requesting that the City Commission review and Approve Resolution Number 2013-20. Upon Approval of this Resolution,the City Clerk will then contact Ms.Fair on behalf of Mayor Lacey and the City Commission regarding an official Presentation in her honor by the Mayor and City Commission. No discussion. CONSENT 208. Office of the City Clerk REQUEST: Requesting the City Commission Review and Approve the Monday, June 24, 2013 City Commission Regular Meeting Minutes. FISCAL IMPACT: There is no fiscal impact related to the approval of 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, 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, June 24, 2013 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 22,2013 PAGE 10 OF 22 VOTE: COMMISSIONER HOVEY:AYE COMMISSIONER KREBS: AYE COMMISSIONER CARROLL: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used REPORTS REPORTS 400. Office Of The City Attorney—Anthony A. Garganese,Esquire No Report. REPORTS 401. Office Of The City Manager—Kevin L. Smith City Manager Kevin L. Smith advised that "On-street parking will be back on your next Agenda for your consideration,that would be August 12th, (2013)." REPORTS 402. Office Of The City Clerk—Andrea Lorenzo-Luaces,MMC There was no Report given. REPORTS 403. Office of the Mayor-The Honorable Charles Lacey No Report. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 22,2013 PAGE 11 OF 22 REPORTS 404. Office of Commissioner Seat One-The Honorable Jean Hovey There was no Report given. REPORTS 405. Office of Commissioner Seat Two-The Honorable Rick Brown No Report. REPORTS 406. Office of Commissioner Seat Three-The Honorable Pam Carroll There was no Report given. REPORTS 407. Office of Commissioner Seat Four/Deputy Mayor-The Honorable Cade Resnick Deputy Mayor Cade Resnick commented on the one Meeting that has typically been held in November and December and June and July and asked if the City Commission wanted to make that permanent. Discussion ensued on time being important to people wanting to do business with the City, we can easily cancel meetings if a meeting is not needed, that customer service should not be diminished; that staff puts a lot of time and effort into putting a meeting together. Manager Smith then referenced this coming November, specifically the second Monday of November which was when a City Commission meeting would typically be held, and pointed out that it falls on Veteran's Day this year, which is a City Holiday; and that the fourth Monday in November is when a City Commission meeting would normally be held and this year that falls during the week of Thanksgiving. Manager Smith noted that last November, one (1) Special Meeting was held in lieu of the typical November two (2) meetings; and additionally said that in December of most years, the City Commission typically has cancelled the second meeting of that month. Continuing,Manager Smith then stated, "Would the Commission like to entertain that now, or would you like me to bring that back at a future date?" Mayor Lacey remarked, "To Commissioner (Joanne) Krebs' point, the sooner we can make that decision and make it known, the better that people can plan around that event, so I would encourage us to commit to that as soon as possible." Commissioner Rick Brown suggested, "Can you come back with some administrative suggestions for the next meeting?" Commissioner Krebs remarked, "Commissioner Resnick brings up a good point, that perhaps we should look at the calendar now and you City Manager, you just came up with that issue as well, that maybe to Rick's (Brown) point we should have it on the Agenda - the next time or whenever, so we can make those decisions right now, and we are not really cancelling,we are just planning." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 22,2013 PAGE 12 OF 22 Mayor Lacey asked for a Consensus that "We will have a discussion and topic at the next Meeting, for scheduling..." Commissioner Pam Carroll stated, "...Sounds good..." Mayor Lacey continued, "...Especially for November and December, perhaps a wider scope?" Manager Smith stated, "Will do." Commissioner Krebs remarked, "Good idea." No objections were voiced. REPORTS 408. Office of Commissioner Seat Five-The Honorable Joanne M.Krebs Beginning her Report, Commissioner Krebs thanked the Parks and Recreation Department and everyone that had anything to do with putting on a great 4th of July event." Commissioner Krebs added, "I have heard nothing but positive feedback so thank you once again." Next, Commissioner Krebs recognized former Mayor Paul P. Partyka and former Mayor John F. Bush who were in the audience. PUBLIC INPUT Mr. Paul P. Partyka, 292 Solaris Wharf Street, Winter Springs, Florida: representing the Winter Springs Rotary Club, Mr. Partyka mentioned that this organization is hosting their 29th Annual Rotary Golf Tournament on September 16th and it will begin at 1:00 p.m. Mr. Partyka invited Mayor Lacey to lead with a team and also other Elected Officials/Staff and the public to join in on other teams or to just be a part of the event. In closing, Mr. Partyka said the event was open to everyone. Commissioner Krebs noted that the Winter Springs Rotary Club provides approximately 200 bicycles, locks, and helmets for children every year. Mr. John F. Bush, 21 Tarpon Circle, Winter Springs, Florida: addressed the possible canceling of some City Commission meetings and thought it would reduce the time that the public has to address the City Commission as a group; and also commented about a recent article which referenced a "windfall" of one hundred and fifty-five thousand dollars ($155,000.00) and did not think that was really a "windfall", and that he thought lowering the taxes would penalize employees as it seems that such overtime could be related to Staff helping with City events. Mayor Lacey closed "Public Input". PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department-Planning Division REQUEST: The Community Development Department — Planning Division requests the City Commission consider first reading of Ordinance 2013-08,which proposes text amendments to the permitted use and conditional use sections of the C-1 (Neighborhood Commercial), C-2 (General Commercial), and CC (Commerce Center)zoning districts. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 22,2013 PAGE 13 OF 22 FISCAL IMPACT: There is no direct fiscal impact to the City as a result of the text amendments proposed via Ordinance 2013-08. The proposed changes reflect current industry standards that make these types of uses more compatible with the surrounding properties. The proposed text amendments are among other on-going efforts to update the City's Code of Ordinances and to lesson certain superfluous regulations to doing business within the City. 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, 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. This item was advertised in the Orlando Sentinel on July 11,2013. RECOMMENDATION: Staff and the Planning & Zoning Board recommend the City Commission approve first reading of Ordinance 2013-08,which proposes text amendments to the permitted uses and Conditional Use sections of the C-1 (Neighborhood Commercial), C-2 (General Commercial), and CC (Commerce Center) zoning districts, and strikes the phrase "start-up" from Section 20-345, "In General" of the CC zoning district, and move said ordinance to second reading. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. MAYOR LACEY STATED,"SECONDED BY COMMISSIONER BROWN." DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. City Attorney Anthony A. Garganese read Ordinance 2013-08 by"Title"only. Mr. Bobby Howell, AICP, Planner, Community Development Department introduced this Agenda Item for the City Commission's consideration. Mayor Lacey opened the "Public Input"portion of the Agenda Item. Mr. Greg Banfield, 1109 Arbor Glen Circle, Winter Springs, Florida: addressed the City Commission on being a resident of Winter Springs and that his family had grown up here; and as the owner and operator of Banfield Funeral Home, mentioned that the City of Longwood accepts Crematoriums as long as they are situated with a Funeral Home. Mr. Banfield further spoke of changes in the funeral home business and that in recent years,there are more cremations than ever, and he would like to serve his customers in the community. Mayor Lacey closed the "Public Input"portion of the Agenda Item. Deputy Mayor Resnick asked about the terms"start-up"and"transient". Attorney Garganese said that he thought that the suggested wording was acceptable. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 22,2013 PAGE 14 OF 22 "MOTION TO MOVE" TO SECOND READING. MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department REQUEST: At the July 10, 2013 Planning & Zoning Board meeting, the consideration of Ordinance 2013-09 was tabled. The City Attorney's office has indicated that Florida law requires proposed sign codes to have either a vote of approval or denial from the Planning & Zoning Board prior to being considered by the City Commission. Staff is requesting a continuance of this item to a date certain,in order to preserve advertising,with a first reading date of August 26,2013,and second reading date of September 9,2013. FISCAL IMPACT: While there is no direct fiscal impact to the City, staff is of the opinion that the proposed new code language will facilitate more diversified development and increase the chance of local businesses remaining viable over the long term,which will have a positive fiscal impact to the City's tax base. 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, 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. On July 11, 2013, a City Commission first reading date of July 22, 2013, and a City Commission second reading date of August 12,2013 was advertised in the Orlando Sentinel. RECOMMENDATION: Staff recommends the City Commission continue Ordinance 2013-09 to a date certain in order to preserve advertising. The continuance would stipulate a first reading date of August 26, 2013 and second reading date of September 9,2013. With introductory comments, Mayor Lacey stated, "I am looking for a Motion to Postpone to a date certain of August 26, 2013?" CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 22,2013 PAGE 15 OF 22 "SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: DEPUTY MAYOR RESNICK: AYE COMMISSIONER CARROLL: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. It was noted that no Public Input was needed for Public Hearings Agenda Item"501". PUBLIC HEARINGS 502. Community Development Department-Planning Division REQUEST: Community Development Department - Planning Division requests the City Commission consider approval of a Developer's Agreement and Resolution 2013-25 (Lot Split) for The Offices at Winding Hollow,located on the southeast corner of S.R.434 and Winding Hollow Boulevard FISCAL IMPACT: While there is no immediately measurable fiscal impact associated with this agenda item, approval of this item does satisfy part of the requirements for allowing the development of approximately 10,488 square feet of office space which will pay ad valorem taxes. A specific fiscal impact report will be presented with the agenda item for approval of the concept plan/final engineering for the single-story office project to be located on the "Interior Lot" fronting Winding Hollow Boulevard. 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, 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. In addition, a yellow sign noting the date and time of the public hearing has been erected on the subject property. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 22,2013 PAGE 16 OF 22 RECOMMENDATION: Community Development Department - Planning Division and the Planning and Zoning Board requests the City Commission approve Resolution 2013-25 (Lot Split)for The Offices at Winding Hollow,located on the southeast corner of S.R. 434 and Winding Hollow Boulevard. The Community Development Department - Planning Division requests the City Commission approve the proposed Developer's Agreement. These recommendations are subject to the following conditions: 1) The Applicant shall be required to submit permit applications to permit and develop an office park on the "Interior Lot"; 2) The Applicant shall consent to the City administratively rezoning the "Interior Lot" to C- 1(Neighborhood Commercial); 3) The Applicant shall consent the "Interior Lot" being subject to the S.R. 434 General Design Standards for New Development Area; and 4) The Lot Split Resolution shall not be finalized and recorded until such time the binding development agreement is finalized and executed. Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department presented this Agenda Item for discussion and went over the suggested Recommendations. 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." MAYOR LACEY STATED, "MOTION BY COMMISSIONER BROWN TO APPROVE RESOLUTION 2013-25 — AS PRESENTED IN THE AGENDA ITEM WITH THOSE FOUR(4)PROVISIONS." SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER CARROLL: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Community Development Department-Planning Division REQUEST: The Community Development Department — Planning Division requests that the City Commission hold a public hearing for first reading of Ordinance 2013-07, which proposes to annex one parcel totaling approximately 4.51 acres, generally located on the northwest corner of the intersection of DeLeon Street and Florida Avenue. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 22,2013 PAGE 17 OF 22 FISCAL IMPACT: The proposed annexation of the property allows the subject parcel to be developed into a retention pond and active recreation area for a proposed residential development. Development of the subject property is anticipated to provide an increase to the City's taxable value. A detailed fiscal analysis will be part of the agenda item for the City Commission's consideration of final engineering for the Southern Oaks 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, 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. A yellow sign noting the dates and times of the public hearings has been posted on the property. Additionally,this item has been advertised in the Orlando Sentinel in accordance with the requirements of Florida Statute 171.044(2). RECOMMENDATION: Staff recommends the City Commission approve first reading of Ordinance 2013-07, which proposes annexation of one parcel of land located on the northwest corner of the intersection of DeLeon Street and Florida Avenue,and move said Ordinance forward to second reading. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2013-07 by"Title"only. Mr. Howell began the discussion on this Agenda Item. Mayor Lacey opened the "Public Input"portion of the Agenda Item. Mr. Don Peterson, 3525 Canal Street, Oviedo, Florida: speaking on behalf of the Black Hammock Association, the Geneva Citizens Association, and the Chuluota Rural Coalition, Mr. Peterson commented on the rural boundary, change in ownership of the subject property, and spoke for the Record about the City Commission considering all the options. Mayor Lacey closed the "Public Input"portion of the Agenda Item. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 22,2013 PAGE 18 OF 22 Mr. Dwight Saathoff, 7575 Dr. Phillips Boulevard, Orlando, Florida: remarked that Seminole County had asked that five feet (5') of right-of-way along DeLeon Street be donated; and spoke about the status of bordering properties, a Seminole County map, and municipal boundaries. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR RESNICK: AYE MOTION CARRIED. Concluding this Agenda Item,Mayor Lacey noted that Ordinance 2013-07 "Is Approved on First Reading." REGULAR AGENDA REGULAR 600. The City Manager and Finance and Administrative Services Department REQUEST: The City Manager is requesting that the City Commission consider approval of Resolution 2013-14 computing the Proposed Operating Millage Rate for Fiscal Year 2014 at 2.4300 mills and voted debt service millage rate at 0.1100 mills,establishing the rolled-back rate,and setting the date,time and place of a public hearing to consider the proposed millage rate and tentative budget for Fiscal Year 2014. FISCAL IMPACT: The 4% increase in property values which has been programmed into the FY 2014 Proposed Budget for the Central Winds General Obligation Debt Service Fund is insufficient in overcoming the significant and cumulative declines over the last five years. Consequently, in order to maintain a flat voted debt millage rate (0.1100 mills) a transfer from the General Fund to the Central Winds Debt Service Fund will be needed in the amount of$10,000 and has likewise been programmed into the 2014 Proposed Budget. Given the current valuation (DR420), the ad valorem taxes resulting from a flat voted debt levy of 0.1100 are approximately$25,000 less than the refinanced annual debt service requirement. 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, 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—JULY 22,2013 PAGE 19 OF 22 The budget calendar has been on the City's website since its approval in March and the FY 2014 Proposed Budget was published on the City's website July 10th. Notice of the 2014 budget workshop was advertised on the City Hall electronic sign and July newsletter. The Property Appraiser will mail each property owner a TRIM notice prior to the first Public Hearing (September 9, 2013) and the final Public Hearing will be advertised in the Orlando Sentinel in compliance with and according to Florida statutes. RECOMMENDATION: It is recommended that the Commission take the following actions: 1. Adopt Resolution 2013-14 setting the proposed operating millage rate at 2.4300 mills and setting the proposed voted debt service millage rate at 0.1100 mills for a total proposed millage rate of 2.5400 mills,and establishing the rolled-back rate at 2.3665 mills. 2. Establish the date,time and place for a public hearing regarding the proposed millage rate and the tentative budget as September 9, 2013 at 5:15 pm at 1126 East State Road 434, Winter Springs, Florida (Commission Chambers). Commissioner Jean Hovey commented briefly on possible Budget changes and the timeline. Mr. Shawn Boyle, Director, Finance and Administrative Services Department began the discussion on this Agenda Item. Commissioner Krebs commented on the Budget process and stated, "I would never consider at this moment in time, taking any pension money away. We actually are managing by overtime - it is not fair to penalize people for doing a job that we ask them to do." Continuing, Commissioner Krebs spoke of previous considerations and stated, "We also had a discussion that should this Pension become unsustainable or be a problem that we could revisit it, but when we revisit it, we revisit the whole thing, not just pick at something and use that to fund something else." Commissioner Krebs also thanked former Mayor Bush for mentioning this. "I WOULD LIKE TO MAKE A MOTION TO SET THE PROPOSED OPERATING MILLAGE RATE AT 2.4300 MILLS AND THE PROPOSED VOTED DEBT SERVICE MILLAGE RATE AT 0.1100 MILLS FOR A TOTAL PROPOSED MILLAGE RATE OF 2.5400 MILLS." COMMISSIONER KREBS ADDED, "AND ESTABLISH THE ROLLED-BACK RATE AT 2.3665 MILLS." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR LACEY SAID, "AT THE WORKSHOP, WE DID HAVE A HEALTHY DISCUSSION WITH THE MANAGER OVER POTENTIAL SAVINGS IN THE BUDGET AND THE CONSENSUS OF THE COMMISSION WAS TO ASK THE MANAGER TO GIVE US A REPORT ON WHAT THOSE SAVINGS LOOKED LIKE, IF HE HAD A GOOD ENOUGH ACTUARIAL BASIS TO GIVE US SOME OF THOSE NUMBERS. SO, BEFORE WE VOTE, I WOULD LIKE TO ASK THE MANAGER IF HE HAS THAT INFORMATION FOR US." COMMISSIONER KREBS REMARKED, "AS A CLARIFICATION ON THE MOTION, I DID NOT SAY SEPTEMBER 9TH,BECAUSE I WANTED TO DISCUSS THAT,IN A SEPARATE MOTION." Tape 1/Side B MANAGER SMITH REFERENCED PREVIOUS DISCUSSIONS AND STATED, "THE FINANCIAL DATA THAT WE HAD FROM OUR ACTUARY INDICATED THAT THE COST OR SAVINGS OR HOWEVER YOU LOOK AT IT, FOR THE 150 HOURS WAS IN THE NEIGHBORHOOD OF ONE HUNDRED AND FIFTEEN THOUSAND DOLLARS ($115,000.00). CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 22,2013 PAGE 20 OF 22 NOW, MY SUGGESTION OR RECOMMENDATION WOULD BE THAT WE REACH OUT TO OUR ACTUARY IF THIS COMMISSION IS OF THE MINDSET TO MOVE FORWARD WITH THIS TOPIC, WE MOVE TO CONTACT OUR ACTUARY AND HAVE HIM UPDATE THOSE NUMBERS TO MAKE SURE THEY REFLECT THE MOST ACCURATE DATA TODAY. THE SETTING OF THE MILLAGE RATE AT THE RECOMMENDED CAP IN THE BUDGET WOULD AFFORD YOU ALL THE OPPORTUNITY TO, IN TIME, TO LOOK AT THIS IF YOU SO DESIRE, AND THEN IF YOU ARE OF THE MINDSET TO AFFECT THE MILLAGE RATE DOWNWARDS AS A RESULT OF ANY SAVINGS, YOU COULD CERTAINLY DO SO AT THAT TIME." WITH FURTHER REMARKS ABOUT HOW LONG THIS MIGHT TAKE,MR. BOYLE STATED, "AT A MINIMUM,WE NEED AT LEAST A COUPLE OF WEEKS." MAYOR LACEY POINTED OUT, "I WOULD LIKE TO LOOK AT IT FROM A LITTLE BIGGER PICTURE POINT OF VIEW IN THAT, ONE OF THE THINGS THE LEGISLATURE DID THIS PAST SESSION WAS TO PASS A LAW PERTAINING TO DISCLOSURE OF ACTUARIAL STATUS OF PENSION FUNDS TO WHERE WE ARE GOING TO HAVE TO MAKE CERTAIN ASSUMPTIONS THAT ARE DICTATED BY THE LEGISLATURE, AND REPORTING REQUIREMENTS THAT ARE GOING TO BE DUE NEXT YEAR." FURTHERMORE, MAYOR LACEY ADDED, "I WOULD LIKE TO SEE US HAVE A THOROUGH REVIEW OF OUR PENSION STATUS AND LOOK AT CREATIVE IDEAS FOR HOW WE CAN MAKE THAT PENSION WELL FUNDED; BECAUSE WE WERE TALKING ABOUT A PARTICULAR BENEFIT LAST WEEK AND IF WE DON'T STEP BACK AND LOOK AT THE OVERALL FUNDING OF THIS PENSION, WHETHER THE CITY NEEDS TO CONTRIBUTE MORE OR DIFFERENTLY; OR THE EMPLOYEES NEED TO CONTRIBUTE MORE OR DIFFERENTLY." MAYOR LACEY THEN REMARKED, "MY REQUEST WOULD BE AT SOME POINT, WE HAVE A COMPREHENSIVE REVIEW OF OUR OVERALL FUNDING OF THE PENSION LEVEL." COMMISSIONER KREBS SAID, "IF YOU WANT TO DISCUSS THE PENSION, WE CAN BRING BACK WHAT WE DID THEN, WHERE IT IS NOW, OR WHAT THE FUTURE MIGHT LOOK LIKE, BUT I DON'T THINK THAT HAS ANYTHING TO DO WITH TONIGHT'S VOTE." COMMISSIONER BROWN ADDED,"THAT WAS GOING TO BE MY POINT EXACTLY." COMMISSIONER HOVEY STATED, "EARLIER, I WAS GOING TO BE IN AGREEMENT WITH COMMISSIONER KREBS,AND I AM IN AGREEMENT WITH COMMISSIONER BROWN. I THINK WE SHOULD LOOK AT THE PENSION BUT NOT RIGHT NOW, AND WE SHOULDN'T TAKE ANYTHING AWAY FROM OUR EMPLOYEES AT THIS TIME." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 22,2013 PAGE 21 OF 22 Related to the Public Hearing date of September 9`h, Commissioner Krebs mentioned that she was not available on that date and asked, "Is there another date we can do it, because I would really like to be here." Manager Smith commented on TRIM (Truth in Millage Act) requirements. Brief comments followed with Ms. Kelly Balagia, Budget Analyst,Finance and Administrative Services Department. Mayor Lacey called a Recess at approximately 6:24 p.m. The Regular Meeting reconvened at approximately 6:37 p.m. Manager Smith suggested to the Mayor and City Commission that"You all give us an opportunity to look at some dates and have a little more time to make sure they are in compliance. I can consult with Anthony (Garganese) and then I can consult with each one of you to make sure you guys are okay for that date, and then we could communicate that to the Property Appraiser." Discussion. Related to the previous Motion, Attorney Garganese said to Commissioner Krebs, "You made the Motion as I understood it for the Millage Rate..." Commissioner Krebs stated, "...Right." Attorney Garganese continued, "And that was approved and we were waiting for the Commission to set a Hearing date and I was going to recommend that you adopt the Resolution that included all that information." Attorney Garganese then suggested, "Go ahead as the Manager said, delegate him the authority to get with the Commission, find out what's a mutually agreeable date for everybody, and make sure that that's in compliance with the TRIM (Truth in Millage Act) Statute, and then the Manager and the Commission just have the obligation to get that information to the Property Appraiser within thirty-five (35) days of July 1." Attorney Garganese added that then the City Commission has complied with statutory requirements. Mayor Lacey said to Attorney Garganese, "You are saying the Commission doesn't need to publicly, formally specify a Hearing date?" Attorney Garganese remarked, "Under the TRIM Statute, under the circumstances, you can delegate that responsibility to the Manager. The public is going to get notice of that date on the TRIM Notice that goes out." Mayor Lacey said to Manager Smith, "So, you have got to make that determination within the next two (2)weeks?" Manager Smith responded, "Yes." Continuing, Mayor Lacey added, "So, you need a Vote of the Commission to do that,to delegate?" Attorney Garganese stated, "Yes." Mayor Lacey then commented, "Looking for a Motion to delegate the establishment of the Public Hearing date and time to the City Manager." "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY CLERK ANDREA LORENZO-LUACES ADDED, "AND DOES THAT APPROVE THE RESOLUTION? YOU ARE HAPPY WITH THAT?" ATTORNEY GARGANESE ADDED, "AS A FORMALITY, WE CAN BRING THAT BACK AT THE NEXT MEETING WITH THE PROPER INFORMATION IN IT; OR WE CAN HAVE THE COMMISSION APPROVE THE RESOLUTION AND INSTRUCT THE CITY MANAGER TO INSERT THE DATE,WHENEVER THAT IS." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—JULY 22,2013 PAGE 22 OF 22 COMMISSIONER KREBS AND COMMISSIONER CARROLL SAID, "LET'S DO THAT." MAYOR LACEY ADDED, "DO WE HAVE A CONSENSUS TO AMEND THE MOTION TO ADOPT THE RESOLUTION 2013-14 WITH THE PROVISO THAT THE CITY MANAGER BE DELEGATED AUTHORITY." COMMISSIONER KREBS REMARKED, "CORRECT." COMMISSIONER BROWN ADDED, "NO OBJECTION." HEARING NO OPPOSITION, MAYOR LACEY POINTED OUT, "WITHOUT OBJECTION,THE MOTION IS AMENDED." VOTE: DEPUTY MAYOR RESNICK: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. Mayor Lacey summarized, "The Resolution as Amended is adopted." PUBLIC INPUT No one addressed the Mayor and City Commission. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:41 p.m. RESPECTFULLY SUBMITTED: 1 .'.4r A LORENZO-LUACES,MMC CIT CLERK APPROVED: I\ /7 A MA' S4 EY ti. NOTE: These Minutes were approved at the August 12,2013 City Commission Regular Meeting.