HomeMy WebLinkAbout2014 10 13 Consent 311 Unapproved Minutes from the September 22, 2014 Regular Meeting COMMISSION AGENDA
Informational
Consent X
ITEM 311 Public Hearings
g
Regular
October 13, 2014 ALLL
Regular Meeting City Manager Department
REQUEST:
The City Clerk is requesting the City Commission Review and Approve the Monday,
September 22, 2014 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, September 22, 2014 City
Commission Regular Meeting.
Even though these Minutes are being submitted by the City Clerk, (with proofing by
Office of the City Clerk Staff), no other party has required that changes be made to the
Minutes before being submitted. These Minutes are being submitted by the City Clerk
Consent 311 PAGE 1 OF 2-October 13,2014
for the Approval by the City Commission.
FISCAL IMPACT:
There is no fiscal impact related 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, 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 requested to consider and offer their Approval of the Monday,
September 22, 2014 City Commission Regular Meeting Minutes.
ATTACHMENTS:
A - Unapproved copy of the Monday, September 22, 2014 City Commission Regular
Meeting Minutes (21 total pages).
Consent 311 PAGE 2 OF 2-October 13,2014
Attachment"A"
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CITY OF WINTER SPRINGS FLORIDA
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CITY COMMISSION
MINUTES
REGULAR MEETING
MONDAY, SEPTEMBER 22, 2014 - 5:15 P.M.
CITY HALL—COMMISSION CHAMBERS
1126 EAST STATE ROAD 434,WINTER SPRINGS, FLORIDA
Mayor Charles Lacey
Deputy Mayor Rick Brown - Seat Two
Commissioner Jean Hovey- Seat One
Commissioner Pam Carroll - Seat Three
Commissioner Cade Resnick- Seat Four
Commissioner Joanne M. Krebs - Seat Five
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 2 OF 21
CALL TO ORDER
The Regular Meeting of Monday, September 22, 2014 of the City Commission was called to Order by Mayor M,
Charles Lacey at 5:17 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State
Road 434,Winter Springs,Florida 32708).
Roll Call:
Mayor Charles Lacey, present
Deputy Mayor Rick Brown,present
Commissioner Jean Hovey,present
Commissioner Pam Carroll,present
Commissioner Cade Resnick,present
Commissioner Joanne M. Krebs, absent
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.
PUBLIC HEARINGS AGENDA- PART I OF II
PUBLIC HEARINGS
500. Finance and Administrative Services Department
REQUEST:
The City Manager is requesting that the City Commission hold a Public Hearing relative to the approval of
Resolution 2014-20, which establishes the Final Operating Millage Rate and the Final Voted Debt Service
Millage Rate for Fiscal Year 2014-2015 for the City of Winter Springs.
FISCAL IMPACT:
The decision to levy an operating millage rate of 2.4300 mills as opposed to the rolled-back rate of 2.3183
mills results in additional ad valorem General Fund revenues of approximately $188,000 (net of statutory
discount). The decision to maintain the voted debt service millage rate at 0.1100 mills requires a subsidy
from the General Fund to the Central Winds Debt Service Fund in the amount of $13,000 which would
have been greater had the Central Winds General Obligation Bond not been refinanced.
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-SEPTEMBER 22,2014 PAGE 3 OF 21
The Property Appraiser mailed each property owner a TRIM notice prior to the first Public Hearing on
September 8th. Additionally, the budget calendar has been on the City's website since its approval in
March and notice of the final public hearing was advertised on the City Hall electronic sign and City
newsletter. Lastly and most importantly, the statutorily required advertisements ran in the Orlando <;_ >4
Sentinel on September 18,2014. Upon approval and adoption of Resolution 2014-20,the final millage rates
for fiscal year 2014-2015 will be communicated to the Seminole County Property Appraiser and the sift,
Seminole County Tax Collector as the millage rates to be levied by the City of Winter Springs for the 2014 .
tax year(Fiscal Year 2014-2015).
RECOMMENDATION:
Staff recommends the Commission approve Resolution 2014-20 establishing the fiscal year 2014-2015 Final
operating millage rate for the City of Winter Springs at 2.4300 mills and the Final voted debt service
millage rate at 0.1100 mills and publicly announce that the operating millage rate of 2.4300 mills is 4.82%
greater than the rolled-back rate of 2.3183 mills.
With brief comments, Mayor Lacey stated, "The decision to levy an Operating Millage Rate of 2.4300 Mills, as
opposed to the Rolled-Back Rate of 2.3183 Mills, results in additional Ad-Valorem General Fund Revenues of
approximately one hundred and eighty-eight thousand dollars($188,000.00)."
Ms. Kelly Balagia, Budget Analyst, Finance and Administrative Services Department added, "This recommended
Millage is 4.82% greater than the Rolled-Back Rate. So, we have on the table 2.4300 for Operating and 0.1100
Mills for Voted Debt."
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 COMMISSIONER HOVEY. SECONDED BY
COMMISSIONER RESNICK. DISCUSSION.
VOTE:
DEPUTY MAYOR BROWN: AYE
COMMISSIONER RESNICK: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER CARROLL: AYE
MOTION CARRIED.
PUBLIC HEARINGS
501. Finance and Administrative Services Department
REQUEST:
The City Manager is requesting that the City Commission hold a Public Hearing to consider the approval
of Resolution No. 2014-21, establishing the Final Budget for Fiscal Year 2014-2015.
FISCAL IMPACT:
The proposed final city-wide budgets by fund type currently reflect the following appropriations to (from)
fund balance:
General Fund — ($432,744); comprised of $6,097 of positive operating coverage and ($438,841) in
capital/non-recurring coverage
Governmental Funds(exclusive of General Fund)—($1,863,843)
Enterprise Funds—($317,076)
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 4 OF 21
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 la,.
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 r
Associations/Representatives on file with the City, and all individuals who have requested such
information. This information has also been posted outside City Hall, posted inside City Hall with
additional copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff is always
willing to discuss this Agenda Item or any Agenda Item with any interested individuals.
The Property Appraiser mailed each property owner a TRIM notice prior to the first Public Hearing on
September 8t". Additionally, the budget calendar has been on the City's website since its approval in
March and notice of the final public hearing was advertised on the City Hall electronic sign and City
newsletter. Lastly and most importantly, the statutorily required advertisements ran in the Orlando
Sentinel on September 18, 2014. The Tentative Budget is posted on the City's website and within two
weeks of adoption the Final Budget will likewise be published.
RECOMMENDATION:
Staff recommends that the Commission approve adoption of Resolution No. 2014-21 establishing the final
budget for Fiscal Year 2014-2015.
Related to this Agenda Item, Ms. Balagia mentioned, "There have been a few, slight changes from the Tentative
Budget. Those are captured in Attachment `2.'. They are relatively immaterial. So, the request for Total
Budgeted Expenditures in total of thirty-nine million eight hundred seventy thousand six hundred nine dollars
($39,870,609.00)and that is inclusive of Interfund Transfers."
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.
"I WILL MAKE A MOTION TO APPROVE." MOTION BY COMMISSION HOVEY. SECONDED BY
COMMISSIONER CARROLL. DISCUSSION.
VOTE:
COMMISSIONER CARROLL: AYE
DEPUTY MAYOR BROWN: AYE
COMMISSIONER RESNICK: AYE
COMMISSIONER HOVEY: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 5 OF 21
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
100. Not Used ,1••••••.,
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INFORMATIONAL AGENDA
INFORMATIONAL
200. 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 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:
Staff requests the City Commission receive and review the information provided in this Agenda Item.
There was no discussion on this Agenda Item.
INFORMATIONAL
201. Parks and Recreation Department
REQUEST:
The Parks and Recreation Department wishes to inform the City Commission about planning efforts for
the 2014 Hometown Harvest event.
FISCAL IMPACT:
• Projected expenses of$4,302 (Attachment A).
• Projected revenues from sponsorship and vendor booths is $3,000.
• Remaining expenses will be covered with funds from the Community Events Escrow.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 6 OF 21
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.-! *►A
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.
No discussion.
INFORMATIONAL
202. Utility Department
REQUEST:
The Utility Department wishes to inform the City Commission of the Pending Publication and Distribution
of a Required Public Notice for Exceeding the Total Trihalomethanes Drinking Water Standard.
FISCAL IMPACT:
Implementation of improved treatment processes, such as forced draft aeration, were included as an
alternative in the 2009 utility rate study. The estimate at the time was that an additional 25% increase in
potable water rates would be needed to support the increased capital and operating costs.
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.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 7 OF 21
PUBLIC INPUT
Mr. Bryan Wilson, 702 Heather Lane, Winter Springs, Florida: noted that since the last Winter Springs City k
Commission meeting, two (2) additional cities in Florida have held hearings on Ordinances banning the retail sale
of dogs and cats; and introduced his wife Carla who is also involved in this effort.
Ms. Nancy Vail, 1374 Augusta National Boulevard, Winter Springs, Florida: spoke about Live Oak trees that limb
were removed in the Country Club Village neighborhood, the status of the Live Oak trees before they were
removed, that the community does not look good without the trees, and asked that a portion of the trees be
replanted.
Deputy Mayor Rick Brown noted that the issue will likely come before the City Commission and asked City
Manager Kevin L. Smith if a date had been set for the pending Hearing. Manager Smith replied, "Not at this
point. It is my understanding that Mr. (Randy) Stevenson (Director, Community Development Department) will
be meeting with Ms. (Pat)Guernsey." Manager Smith added, "After that,we'll go from there."
Ms. Vail subsequently asked if they could be notified whether "There's going to be a Hearing or a decision?"
Mayor Lacey pointed Mr. Stevenson out to Ms. Vail and asked her to make sure Mr. Stevenson had her contact
information and then said,"I am sure he will keep you informed."
Mayor Lacey closed "Public Input".
CONSENT AGENDA
CONSENT
300. Public Works Department
REQUEST:
The Public Works Department requests the City Commission's authorization to execute a task order with
CPII, Inc.in the amount of $66,305.20 for the design of Central Winds Park Roadway Improvements,
funded by Transportation Impact Fees.
FISCAL IMPACT:
The design and permitting cost is $66,305.20, plus a 10% contingency,funded by Transportation Impact
Fees.
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—SEPTEMBER 22,2014 PAGE 8 OF 21
RECOMMENDATION: ,
Staff recommends the City Commission authorize the execution of a task order with CPH, Inc.in the
amount of $66,305.20 plus a 10% contingency for the design of Central Winds Park Roadway
funded by Transportation Impact Fees.
No discussion. k ., a
CONSENT e
301. Community Development Department
REQUEST:
The Community Development requests that the City Commission approve the consolidation of two
landscape maintenance contracts (Maki Landscaping, LLC with Dawnalee Corporation) for landscape
maintenance services for the Town Center Phase I.
FISCAL IMPACT:
The incremental cost to the City of consolidating these two contracts is $109.80 per year which will more
than be exceeded by the savings of not having to administer the additional contract.
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 that the City Commission approve the consolidation of the Maki Contract scope-of-
services with the Dawnalee (Blumberg Contract) scope-of-services in order to obtain higher quality
services, reduce the number of small contracts requiring administration by staff; at a negligible cost to the
City.
This Agenda Item was not discussed.
CONSENT
302. Information Services Department
REQUEST:
The Information Services Department requests Commission approve renewal and payment of the
attached Tyler Technologies software maintenance agreement for the period of October 1, 2014 thru
September 30, 2015 in the amount of $40,491.20, authorize Information Services to renew and pay the
OSDBA maintenance agreement in the amount of $13,068.36 for FY 2015 if circumstances necessitate
the use of said services,and authorize the City Manager and City Attorney to prepare and execute any and
all applicable documents.This will be the final maintenance to be renewed with Munis.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 9 OF 21
FISCAL IMPACT:
fiscal impact is $40,491.20 and an additional $13,068.36 (only if needed). Both are budgeted in
Information Services Department 001-16-1600-530342 Maintenance Agreements and Contracts.
COMMUNICATION EFFORTS: x°
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. w
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 r.
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 Information Services Department requests the Commission approve renewal and payment of the
Munis annual maintenance and support agreement in the amount of $40,491.20; authorize renewal and
payment of OSDBA maintenance in the amount of$13,068.36 if circumstances necessitate the use of said
services; and authorize the City Manager and City Attorney to prepare and execute any and all applicable
documents.
No discussion.
CONSENT
303. Office of the City Clerk
REQUEST:
The City Clerk is requesting the City Commission Review and Approve the Monday, September 8,
2014 City Commission Regular Meeting Minutes.
FISCAL IMPACT:
There is no fiscal impact related 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, 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-SEPTEMBER 22,2014 PAGE 10 OF 21
RECOMMENDATION:
The City Commission is requested to consider and offer their Approval of the Monday, September 8,
2014 City Commission Regular Meeting Minutes.
There was no discussion on this Agenda Item.
•
"MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY DEPUTY MAYOR BROWN
SECONDED BY COMMISSIONER HOVEY. DISCUSSION.
VOTE: ;: r '
COMMISSIONER HOVEY: AYE
COMMISSIONER CARROLL: AYE
COMMISSIONER RESNICK: AYE
DEPUTY MAYOR BROWN: AYE
MOTION CARRIED.
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 noted that Commissioner Joanne M. Krebs sits on a Florida League of Cities Legislative Policy
Committee, and due to a prior commitment, Commissioner Krebs is not able to attend a Legislative Policy
Committee Meeting in October; and he was asking on behalf of Commissioner Krebs if the City Commission
would be agreeable to City Clerk Andrea Lorenzo-Luaces attending an upcoming Legislative Policy Committee
Meeting on behalf of Commissioner Krebs, and to take notes, and report back to Commissioner Krebs.
Mayor Lacey asked City Clerk Lorenzo-Luaces, "Are you able to and willing?" City Clerk Lorenzo-Luaces
replied, "Of course.Yes."
Next, Mayor Lacey asked the City Commission for their approval and Commissioner Cade Resnick stated, "That
is fine with me." Commissioner Pam Carroll stated, "Yes." Deputy Mayor Rick Brown was agreeable to this.
With no objections noted, Mayor Lacey said to Manager Smith, "Communicate to Commissioner Krebs that
Andrea(Lorenzo Luaces) is more than willing to go."
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 11 OF 21
REPORTS
402. Office Of The City Clerk—Andrea Lorenzo-Luaces,MMC
City Clerk Lorenzo-Luaces mentioned that an Agenda Item for the Appointments to the Bicycle and Pedestrian
Advisory Committee should be expected towards the end of October; with Appointments to the Parks and £,€
•
Recreation Advisory Committee coming later. City Clerk Lorenzo-Luaces also noted that applicable Advisory
Board and Committee Applications would be added to the Mayor and Commission's "Dropbox" accounts and rk
placed in related sub-folders related to information provided by each Applicant; and asked if this was acceptable.
Commissioner Carroll replied, "I would appreciate that very much." Other Commissioners nodded in agreement. fi"`
City Clerk Lorenzo-Luaces added, "I will keep you posted when they are ready and in there."
REPORTS
403. Office of Commissioner Seat Three-The Honorable Pam Carroll
Commissioner Carroll mentioned some on-site meetings she has had with residents and Duke Energy related to
tree trimming, and that Manager Smith had obtained information for a Duke Energy contact person and wondered
how this contact information could be shared with residents who have any concerns.
Mayor Lacey asked Manager Smith if he felt that Duke Energy had been responsive; to which Manager Smith
replied that so far they had been.
Brief comments continued.
REPORTS
404. Office of Commissioner Seat Four-The Honorable Cade Resnick
Commissioner Resnick noted the City's focus on great customer service and stated, "I would like to see if we
can't find a way for us to build relationships with people who work in our City that have the same mantra."
Continuing, Commissioner Resnick added that he was troubled by the way resident's concerns were handled by
Duke Energy and remarked, "I would like to see more coming back from Duke (Energy), not just an apology but
what they are going to do in the future to work with customer service."
Commissioner Resnick mentioned he would not be able to attend this year's "Hometown Harvest" due to a prior
commitment and sent his sincerest regrets.
REPORTS
405. Office of Commissioner Seat Five-The Honorable Joanne M.Krebs
Absent.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 12 OF 21
REPORTS
406. Office of the Mayor-The Honorable Charles Lacey
No Report s
REPORTS
407. Office of Commissioner Seat One-The Honorable Jean Hovey
Commissioner Jean Hovey mentioned that last week she had attended a Tri-County League of Cities meeting, and
that a representative from the Metro Orlando Economic Development Commission noted that 2.3 million people
live in Lake, Orange, Osceola, and Seminole counties; and that in Florida, one (1) out of every three (3)jobs is in
the tourist industry.
REPORTS
408. Office of Commissioner Seat Two/Deputy Mayor—The Honorable Rick Brown
Deputy Mayor Brown was also concerned with Duke Energy and what they have done in their recent tree
trimming, and hoped they"Will work with us in a more positive manner going forward."
Next, Deputy Mayor Brown introduced Mr. Matt Del Bene, whose was in attendance and was making a feature
film in Winter Springs and Oviedo called"River Money" and he was trying to obtain contributions for this effort.
Deputy Mayor Brown mentioned that an Honor Flight is scheduled for Saturday, September 27th, 2014 and
seventy-five (75) Veterans and their Guardians will be returning to Sanford-Orlando Airport between 9 and 10
p.m. and encouraged anyone interested to attend the homecoming and welcome them home.
Additionally,Deputy Mayor Brown remarked that he was recently on the Carl Jackson Radio Show with Mr. Dan
Peterson, who leads the group "Coalition of Property Rights" who are against Amendment 1, which proposes
"That thirty percent(30%) of all doc stamps will be set aside for the Government to purchase lands and hold them
in Government Trusts."
Deputy Mayor Brown also noted that he would be inviting published author, Ms. Joanna Jakubcin who wrote a
book entitled, "Not Ready for Winter Springs: A Collection of Poems"to attend a City Commission meeting.
Lastly, Deputy Mayor Brown referenced the November Election and spoke for the Record on a previous legal
issue and offered information related to it to anyone interested.
PUBLIC HEARINGS AGENDA-PART II OF II
PUBLIC HEARINGS
502. Community Development Department-Planning Division
REQUEST:
The Community Development Department — Planning Division requests that the City Commission hold a
Public Hearing for the Second Reading of Ordinance 2014-14, which adopts the City's five (5) year
schedule of capital improvements in accordance with the Community Planning Act for FY 2014/2015
through FY 2018/2019.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 13 OF 21
FISCAL IMPACT: k'
The Capital Improvements Program (CIP) is a 6-year schedule of improvements that includes the Capital
Improvements Element Schedule and all other capital projects to be funded by the City. There is no
fiscal impact directly 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.
The proposed Ordinance was advertised in the Orlando Sentinel on July 31, 2014 as depicted in
Attachment B.
RECOMMENDATION:
The Community Development Department—Planning Division requests that the City Commission hold a
Public Hearing for the Second Reading of Ordinance 2014-14, which adopts the City's five (5) year
schedule of capital improvements in accordance with the Community Planning Act for FY 2014/2015
through FY 2018/2019.
City Attorney Anthony A. Garganese read Ordinance 2014-14 by"Title"only.
Mr.Randy Woodruff, Senior Planner, Community Development Department added, "No changes."
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.
AS TO THE SECOND READING AND APPROVAL OF ORDINANCE 2014-14, "MOTION TO
APPROVE." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR BROWN.
DISUCSSION.
VOTE:
COMMISSIONER RESNICK: AYE
COMMISSIONER HOVEY: AYE
DEPUTY MAYOR BROWN: AYE
COMMISSIONER CARROLL: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 14 OF 21
PUBLIC HEARINGS
503. Community Development Department-Planning Division
REQUEST:
The Community Development Department— Planning Division requests that the City Commission hold a
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public hearing to consider First Reading of the Annexation Agreement between the City of Winter Springs
and Jennifer Thompson Truglia; and First Reading of Ordinance 2014-21, which proposes to voluntarily t .a
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annex approximately 1.9 acres of property located at 715 North U.S. 17-92.
FISCAL IMPACT:
The requested annexation is the initial step in order for the applicant to procure water and sewer service
from the City of Longwood. The surrounding area is generally characterized by auto oriented commercial
businesses within both Seminole County, City of Longwood and the City of Winter Springs. Based upon
the current taxable value of the property ($522,800), the additional tax revenue to the City as a result of
this annexation is estimated at$1,328.
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.
Adjacent property owners have been notified by US mail. Pursuant to Florida Statutes 171.044 (6), the
Seminole County Board of County Commissioners was sent via Certified Mail the notice of annexation for
the subject parcels on August 8, 2014. In addition, a yellow sign noting the date and time of the public
hearing has been erected on the property.
The proposed Ordinance was advertised in the Orlando Sentinel on September 11, 2014 as depicted in
Attachment F. The second consecutive legal ad will run in the Orlando Sentinel on September 18, 2014.
RECOMMENDATION:
The Community Development Department—Planning Division requests that the City Commission hold a
Public Hearing to consider First Reading of both the Annexation Agreement and Annexation and make
two(2) separate motions as follows:
A. Approve First Reading of the Annexation Agreement between the City and Jennifer Thompson Truglia
for property located at 715 North U.S. Highway 17-92 as stipulated within the Interlocal Agreement
between the City of Winter Springs and the City of Longwood.
B. Approve First Reading of Ordinance 2014-21, which proposes to voluntarily annex approximately 1.9
acres of property located at 715 North U.S. 17-92.
Mayor Lacey spoke briefly on this Agenda Item and clarified that the "Annexation Agreement requires a Motion
and a Vote; and then it will be First Reading of Ordinance 2014-21."
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 15 OF 21
RelEMEMIA4sT4
"MOTION TO READ (ORDINANCE 2014-21) BY `TITLE' ONLY." MOTION BY COMMISSIONER
HOVEY. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. =<p
MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. r
Attorney Garganese read Ordinance 2014-21 by"Title"only. tt
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Mr. Woodruff reiterated, "Both the Annexation Agreement and the Annexation before you this evening are
coming as a result of the existing Interlocal Agreement between both the City of Winter Springs and (City of)
Longwood, as it relates to the Applicant's request to procure both water and sewer from the City of Longwood."
Continuing, Mr. Woodruff noted, "Two (2) separate Motions, one being the Annexation Agreement, again not
needing two (2)Readings. So, we're requesting the approval for the (Annexation)Agreement and then a separate
Motion for First Reading of the Annexation(Ordinance)."
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 THE ANNEXATION AGREEMENT." MOTION BY DEPUTY MAYOR
BROWN. SECONDED BY COMMISSIONER CARROLL. DISCUSSION.
VOTE:
COMMISSIONER CARROLL: AYE
COMMISSIONER RESNICK: AYE
COMMISSIONER HOVEY: AYE
DEPUTY MAYOR BROWN: AYE
MOTION CARRIED.
Mayor Lacey said,"Ordinance 2014-21. Is there a Motion?"
"MOTION (TO APPROVE)." MAYOR LACEY STATED, "MOTION BY COMMISSIONER HOVEY.
SECONDED BY DEPUTY MAYOR BROWN - TO APPROVE FIRST READING OF (ORDINANCE)
2014-21." DISCUSSION.
VOTE:
DEPUTY MAYOR BROWN: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER CARROLL: AYE
COMMISSIONER RESNICK: AYE
MOTION CARRIED.
PUBLIC HEARINGS
504. Community Development Department-Planning Division
REQUEST:
The Community Development Department— Planning Division requests that the City Commission hold a
Public Hearing to consider First Reading of both the Small-Scale Future Land Use Map Amendment and
Rezoning for approximately 1.9 acres of property located at 715 North U.S. 17-92 as described within
Ordinances 2014-22 and 2014-23.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 16 OF 21
FISCAL IMPACT:
The requested Small Scale Plan Amendment is the initial step in order for the applicant to procure water
and sewer service from the City of Longwood. The surrounding area is generally characterized by auto
oriented commercial development in both Seminole County, City of Longwood and the City of Winter -M
Springs.Based upon the current taxable value of the property($522,800), the additional tax revenue to the Wig:,. s
City as a result of this annexation is estimated at$1,328. _ m
COMMUNICATION EFFORTS: :
This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, f.
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.
Adjacent property owners have been notified by US mail. Pursuant to Florida Statutes 171.044 (6), the
Seminole County Board of County Commissioners was sent via Certified Mail the notice of annexation for
the subject parcels on August 8, 2014. In addition, a yellow sign noting the date and time of the public
hearing has been erected on the property.
The proposed Ordinance was advertised in the Orlando Sentinel on September 11 & 18, 2014 as depicted
in Attachment F.
RECOMMENDATION:
The Community Development Department—Planning Division requests that the City Commission hold a
Public Hearing to consider First Reading of both the Small-Scale Future Land Use Map Amendment and
Rezoning and make two(2) separate motions as follows:
A. Approve First Reading of Ordinance 2014-22, which proposes a Small-Scale Future Land Use Map
Amendment for 1.9 acres of property located at 715 North U.S. Highway 17-92 from Seminole County
"Mixed Development(MXD)"to City of Winter Springs"Commercial"
B.Approve First Reading of Ordinance 2014-23,which proposes a Rezoning for approximately 1.9 acres of
property located at 715 North U.S. Highway 17-92 from Seminole County "Commercial (C-2)" to City of
Winter Springs "Highway 17-92 Commercial District(C-3)".
"MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY
DEPUTY MAYOR BROWN. DISCUSSION.
MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS.
Attorney Garganese asked, "Does that Motion apply to both Ordinances?" Commissioner Hovey responded,
"Yes."
Attorney Garganese read Ordinance 2014-22 and then read Ordinance 2014-23, each by"Title"only.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 17 OF 21
L=;:a-siTszaa
Mayor Lacey opened the "Public Input"portion of the Agenda Item for both Ordinance 2014-22 and Ordinance r
2014-23.
No one addressed the City Commission. ;
Mayor Lacey closed the "Public Input"portion of the Agenda Item for both Ordinance 2014-22 and Ordinance
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2014-23.
"MOTION TO MOVE TO SECOND READING ORDINANCE 2014-22." MOTION BY °
COMMISSIONER HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION.
VOTE:
COMMISSIONER HOVEY: AYE
COMMISSIONER CARROLL: AYE
COMMISSIONER RESNICK: AYE
DEPUTY MAYOR BROWN: AYE
MOTION CARRIED.
"MOTION TO APPROVE ORDINANCE 2014-23 TO SECOND READING." MOTION BY
COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION.
VOTE:
DEPUTY MAYOR BROWN: AYE
COMMISSIONER RESNICK: AYE
COMMISSIONER CARROLL: AYE
COMMISSIONER HOVEY: AYE
MOTION CARRIED.
REGULAR AGENDA
REGULAR
600. Community Development Department
REQUEST:
Pursuant to direction given at the September 8, 2014 City Commission meeting, Community Development
Staff is presenting the City Commission with a request for direction as to whether or not the City
Commission wishes to pursue the drafting of an ordinance which provides additional regulations on the
retail sale of dogs and cats.
FISCAL IMPACT:
There is no immediately measurable fiscal impact associated with this agenda item.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 18 OF 21
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 • ri
Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press b. '.. >
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 P
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 Commission consider the request and the information presented in this agenda
item and provide direction to staff as they deem appropriate.
Mr. Stevenson began the discussion on this Agenda Item and noted, "We have talked to Seminole County and
each of the six (6) other cities in Seminole County, and none of them have to-date, dealt with this particular
issue."
Mayor Lacey spoke about animal control in working with Seminole County and said in regards to this proposed
Ordinance, does this "Need any coordination or does it relate to - our relationship with the County and their
animal control?"
Mr. Stevenson replied that a number of years ago we "Adopted the County Ordinance, in terms of dealing with
animals and animal control. This may be something a little bit different. I'll have to defer to the Attorney,
because it's more or less an issue that talks about the retail sales of those animals. Not necessarily animal
control." Mr. Stevenson added, "We would be working with the County, dependent upon the direction given by
this Commission."
"I WOULD LIKE TO MAKE A MOTION THAT WE ADOPT `4.' [a] - "Prohibit the selling, trading,
transfer or other disposal of dogs [and/] or cats within the City, subject to exemptions.',AND THAT WE DEAL
WITH THOSE EXEMPTIONS IN THE FUTURE ON A CASE BY CASE BASIS." MOTION BY
DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION.
MAYOR LACEY SUMMARIZED, "SO, WE HAVE A MOTION FOR THE COMMISSION TO ADOPT
RECOMMENDATION `4.' - BULLET ONE. IT HAS BEEN SECONDED BY COMMISSIONER
HOVEY. DEPUTY MAYOR, UNDER YOUR MOTION THEN, YOU WOULD BE ASKING FOR THE
STAFF AND THE ATTORNEY TO COME BACK WITH A PROPOSED ORDINANCE TO THAT
EFFECT?"DEPUTY MAYOR REPLIED,"YES."
MR. STEVENSON ASKED, "UNDER `5.' WE DO PROVIDE SOME EXEMPTIONS-ARE WE GOING
TO PUT THOSE OFF UNTIL LATER THEN?" DEPUTY MAYOR BROWN STATED, "THAT IS MY
INTENT."
COMMISSIONER RESNICK SAID, "THAT IS WHAT I WAS GOING TO ASK, BECAUSE `5.' HAS
THE EXEMPTIONS AS YOU JUST MENTIONED. IN YOUR THOUGHT PROCESS, DEPUTY
MAYOR, ARE YOU LIMITING THE EXEMPTIONS TO THOSE UNDER `5.' OR ARE YOU
WANTING THAT AS A STARTING POINT, AND THEN POSSIBLY LEAVING IT UP TO STAFF TO
DO THE REST?"
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 19 OF 21
DEPUTY MAYOR BROWN ANSWERED, "THE WRITING IN THE ITEM SAYS, `Important "''
exemptions to the above options that the City [Commission] may consider' And I WOULD EVEN
EXTEND THAT TO SAY `MAY CONSIDER AT SOME TIME'. SO, THOSE ARE POSSIBLE ',
EXEMPTIONS THAT MAY COME UP, SINCE WE HAVEN'T BEEN PRESENTED WITH ANY OF
THESE BUSINESSES YET - I DON'T THINK WE ARE IN A POSITION TO START SETTING
EXEMPTIONS AT THIS TIME UNTIL WE SEE WHAT PEOPLE ACTUALLY WANT TO DO."
CONTINUING, DEPUTY MAYOR BROWN MENTIONED THE REFERENCE TO A "LICENSED
BREEDER- WITH A REPUTABLE BUSINESS, I THINK THAT MAY BE A POSSIBLE EXEMPTION. '
IF IT WAS A VETERINARIAN THAT HAD RESCUE ANIMALS AVAILABLE, I THINK THAT MAY
BE A POSSIBLE EXEMPTION. SO,UNTIL WE ARE PRESENTED WITH THOSE KIND OF ITEMS,I
AM NOT SO SURE THAT WE CAN SET THAT CRITERIA."
WITH FURTHER COMMENTS, MAYOR LACEY CLARIFIED, "SO, UNDER THE SCENARIO YOU
ARE ENVISIONING, WE WOULD PASS THE ORDINANCE BASED UPON `4.', [BULLET] ONE...
DEPUTY MAYOR BROWN STATED, "...YES..." MAYOR LACEY CONTINUED, "...AND THEN,AS
IT EVOLVES FROM THAT POINT, WE WOULD CONSIDER AMENDING THE ORDINANCE FOR
EXEMPTIONS AS THEY BECAME LOGICAL TO DO?"
DEPUTY MAYOR BROWN RESPONDED, "THAT IS CORRECT MAYOR. I THINK THIS SETS A
GROUNDWORK FOR US TO WORK FROM. OBVIOUSLY HERE WE ARE AND WE HAVE NEVER
HAD THIS INCIDENT COME BEFORE US BEFORE. IT IS UNLIKELY THAT IT WILL COME
BEFORE US AT ANY POINT IN THE FUTURE. BUT, AT LEAST IF IT DOES, WE HAVE A BASIS
TO START NEGOTIATIONS WITH ANY SUCH BUSINESS; AND IT LEAVES THE DOOR OPEN,
WHERE WE ARE NOT SAYING `NO' TO FOLKS WITH LEGITIMITE BUSINESSES THAT WANT
TO COME INTO THE CITY.
WE ARE JUST SAYING THAT WE GET TO REVIEW WHEN IT COMES TO THE WHOLESALE,
SALE, RETAIL SALE OF DOGS AND CATS. WE WOULD LIKE TO MAKE SURE THEY ARE NOT
COMING FROM PUPPY MILLS AND KITTY FARMS..."
MAYOR LACEY MENTIONED, "...I WOULD HAVE THE CONCERN THOUGH, THAT IF WE
START WITH A BLANKET PROHIBITION, WE ARE TELLING THE BUSINESS COMMUNITY
THAT THEY CAN'T HAVE A BUSINESS UNTIL THEY COME TO US AND NEGOTIATE IT. AND IF
ANYTHING WE HAVE LEARNED ABOUT BUSINESSES,THEY APPRECIATE CERTAINTY."
FURTHERMORE, MAYOR LACEY SAID, "I THINK ANY BUSINESS THAT MIGHT BE
SOMETHING THAT WE WOULD WELCOME,UNDER ALL THE VARIOUS EXEMPTIONS,MIGHT
NOT EVEN COME TALK TO US ABOUT IT IF IT THEY STARTED FROM THE DEFAULT
CONDITION OF JUST THE ANSWER IS `NO'."
ATTORNEY GARGANESE REMARKED, "ONE SUGGESTION WOULD BE TO HANDLE THE
FURTHER REVIEW AS A CONDITIONAL USE, SUBJECT TO OTHER CONDITIONS AND
SCRUTINY; BECAUSE WHAT'S IN THIS AGENDA ITEM is `4.' [a], IT WOULD COME TO YOU AS
A BLANKET ZONING PROHIBITION. SO, IT WOULD BE A LEGISLATIVE ACT; AND SO THAT'S
FINE IF YOU WANT TO GO DOWN THAT DIRECTION, BUT THEN THE ONLY WAY TO CARVE
OUT AN EXCEPTION WOULD BE TO AMEND THE CODE IN THE FUTURE WITH ANOTHER
LEGISLATIVE ACT. ANOTHER SUGGESTION WOULD BE TO SAY THAT IT'S PROHIBITED,
SUBJECT TO CONDITIONAL USE. SO, IT'S ALL ENVELOPED INTO THAT ONE (1)
LEGISLATIVE ACT. SO, THE COMMISSION THEN CAN MAKE A DECISION LATER ON A
CONDITIONAL USE BASIS,RATHER THAN AN ORDINANCE CHANGING THE CODE BASIS."
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 22,2014 PAGE 20 OF 21
DEPUTY MAYOR BROWN SAID, "I AM WILLING TO AMEND MY MOTION IN CONCERT WITH
THE CITY ATTORNEY'S SUGGESTION."
MAYOR LACEY ASKED THAT ATTORNEY GARGANESE GO OVER HIS MOTION, TO WHICH Apii
ATTORNEY GARGANESE POINTED OUT, "I WOULD WORK WITH STAFF TO PREPARE AN
ORDINANCE THAT WOULD `PROHIBIT THE SELLING, TRADING, TRANSFER OR OTHER t
DISPOSAL OF DOGS AND/OR CATS WITHIN THE CITY' UNLESS A CONDITIONAL USE IS r
GRANTED BY THE CITY COMMISSION. THEN, THE CONDITIONAL USE WOULD BE SUBJECT -x^
TO ADDITIONAL CONDITIONS THAT WOULD BE LAID OUT IN THE ORDINANCE, SUCH AS
WHAT'S LISTED IN `5.'. BUT, THERE MAY BE OTHER CONDITIONS AND SAFEGUARDS AS
WELL FOR THE COMMISSION TO REVIEW ON A CASE-BY-CASE BASIS, IN THE EVENT
SOMEONE DOES MEET THE CRITERIA FOR APPROVAL. BUT IT WOULD REQUIRE MORE
ZONING ANALYSIS AND WITH STAFF TO PREPARE SUCH AN ORDINANCE."
MAYOR LACEY SAID, "DEPUTY MAYOR BROWN HAS PROPOSED AMENDING THE MOTION
TO REFLECT THE SENTIMENTS THAT THE ATTORNEY JUST EXPRESSED. DO I HAVE
UNANIMOUS CONSENT TO ACCEPT THE AMENDED MOTION?"
AMENDMENT TO THE MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS.
SUBSEQUENTLY, MAYOR LACEY STATED, "SO, THE MOTION ON THE FLOOR IS TO ADOPT
AN ORDINANCE FOR BULLET ONE, SUBJECT TO THE CONDITIONAL USE LANGUAGE
EXCEPTIONS THAT THE ATTORNEY HAS RECOMMENDED. SO, I WOULD PUT A QUESTION
TO RANDY (STEVENSON) AND ANTHONY (GARGANESE), DO YOU FEEL LIKE YOU HAVE
SUFFICIENT UNDERSTANDING OF THE COMMISSION'S DIRECTION IF THIS MOTION PASSES
TO BE ABLE TO PROPOSE AN ORDINANCE?"
BOTH MR. STEVENSON AND ATTORNEY GARGANESE NODDED IN AGREEMENT; ATTORNEY
GARGANESE STATED,"I DO."
VOTE:
COMMISSIONER RESNICK: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER CARROLL: AYE
DEPUTY MAYOR BROWN: AYE
MOTION CARRIED.
Mayor Lacey noted, "Motion passes; so,we will see this again."
PUBLIC INPUT
Mayor Lacey opened "Public Input".
No one addressed the Mayor and City Commission.
Mayor Lacey closed "Public Input".
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—SEPTEMBER 22,2014 PAGE 21 OF 21
Lastly, Mayor Lacey reminded everyone about the City's "Hometown Harvest" event scheduled for October 11, •
2014.
Manager Smith mentioned that the Mayor and City Commission can expect their"Hometown Harvest"packets in
their City mailboxes by October 6th, 2014.
alpos
ADJOURNMENT
Mayor Lacey adjourned the Regular Meeting at 5:57 p.m.
RESPECTFULLY SUBMITTED:
ANDREA LORENZO-LUACES,MMC
CITY CLERK
APPROVED:
MAYOR CHARLES LACEY
NOTE: These Minutes were approved at the ,2014 City Commission Regular Meeting.