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HomeMy WebLinkAbout2012 02 27 Consent 201 Requesting Approval of The City Commission Regular Meeting Minutes for February 13, 2012COMMISSION AGENDA ITEM 201 February 27, 2012 Regular Meeting Informational Consent X Public Hearings Regular ALLL City Manager Department REQUEST: Requesting the City Commission Approve the Monday, February 13, 2012 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, February 13, 2012 City Commission Regular Meeting. Even though these Minutes are being submitted by the City Clerk, (with proofing by the Deputy City Clerk), and signed by the City Clerk, no other party has required that changes be made to the Minutes before being submitted. Consent 208 PAGE 1 OF 2 - February 27, 2012 FISCAL IMPACT: There is no specific Fiscal Impact to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Commission is respectfully requested to Approve the February 13, 2012 City Commission Regular Meeting Minutes. ATTACHMENTS: A - February 13, 2012 City Commission Regular Meeting Minutes Consent 208 PAGE 2 OF 2 - February 27, 2012 CITY COMMISSION MINUTES REGULAR MEETING MONDAY, FEBRUARY 13, 2012 - 5:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Gary Bonner - Seat Three Commissioner Jean Hovey - Seat One Commissioner Rick Brown - Seat Two Commissioner Cade Resnick - Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER S PRINGS, FLORIDA MINUTE C COMMI REGULAR MEETING - FEBRUARY 13, 2012 PAGE 2 OF 24 CALL TO ORDER The Regular Meeting of Monday, February 13, 2012 of the City Commission was called to Order by Mayor Charles Lacey at 5:16 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 Gary Bonner, present Commissioner Jean Hovey, present Commissioner Rick Brown, present Commissioner Cade Resnick, 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. 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 E%IPACT: 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. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- FEBRUARY 13, 2012 PAGE 3 OF 24 INFORMATIONAL 101. Parks and Recreation Department REQUEST: The Parks and Recreation Department wishes to inform the City Commission of the results of our 2012 Scottish Highland Games Special Event. ' .. FISCAL IMPACT: Scottish Highland Games on Saturday /Sunday (January 15th & 16th) Parks: No costs Public Works: No costs Fire Department (Fire Inspection): Paid by Event Applicant Police: Paid by the Event Applicant z; Event Permit: Paid by the Event Applicant Total Cost of the Scottish Highland Games to City: $0 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 102. Office Of The City Manager And Finance and Administrative Services Department REQUEST: City Manager and the Finance and Administrative Services Department are transmitting the City's First Quarter Financial Report for Fiscal Year 2012. FISCAL IMPACT: As presented in the dashboard report. The fiscal impact of this new modeling will be measurable over the next several years. The cost of the software is nominal. 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 -FEBRUARY 13, 2012 PAGE 4 OF 24 RECOMMENDATION: m� Staff requests the City Commission receive and review the information provided in this Agenda Item. No discussion. INFORMATIONAL 103. Office Of The City Manager And Finance and Administrative Services Department: REQUEST: The City Manager and the Finance and Administrative Services Department providing the Investment Report for the first quarter of fiscal year 2012 (quarter ending December 31, 2011) as prepared by PFM Asset Management LLC. FISCAL IMPACT: The weighted average yield at December 31, 2011 is .35 %. The weighted average yield at September 30, 2011 was 0.42 %. This portfolio has an average maturity of less than one year. 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. Additionally, the investment report will be placed on the City's website within one week of acceptance in the section titled Budgets and Financial Documents. 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 COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. DISCUSSION FOLLOWED ON CSX AND LAND SWAP RELATED ISSUES. COMMISSIONER BROWN RE "WHAT AN OUTSTANDING JOB BY OUR TEAM FOR THE HIGHLAND GAMES. JUST UNBELIEVABLE. LOOKING AT THE REPORT; LOOKING AT THE COST FACTORS; LOOKING AT HOW WE CAME IN. YOU GUYS JUST TORE IT UP AGAIN. THANK YOU SO MUCH! IT WAS GREAT! I KNOW WE HAVE TALKED ABOUT IT BEFORE BUT SEEING IT NOW IN WRITING AND SEEING WHAT THE FINAL COSTS WERE, IS JUST OUTSTANDING." MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 13, 2012 PAGE 5 OF 24 CONSENT AGENDA CONSENT 200. Police Department REQUEST: The Police Department requests the consent of the Commission to purchase four (4) electronic citation writers using Advanced Public Safety and associated Dell notebook computers purchased from Dell Company in the total amount of $7,540.44. APS is the sole source provider for this software in the State of Florida through their "Virtual Partner" program and they are currently in place as a vendor with the Police Department. Funding for this purchase will come from the Federal Law Enforcement Trust Fund. FISCAL IMPACT: Funding for this equipment will come from the Federal Law Enforcement Trust Fund in the amount of $7,540.44. As of January 11, 2012, there was a balance of $35,303.92 in the Federal Law Enforcement Trust Fund. There will be no impact to the General Fund budget for this purchase. 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, eAlerdeCitizen Recipients, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends approval of the expenditure of $7,540.44 from the Federal Law Enforcement Trust fund utilizing vendor Advanced Public Safety for the purchase of four (4) electronic citation writers and associated equipment, and vendor Dell Company for the purchase of four (4) notebook computers. No discussion. CONSENT 201. Police Department REQUEST: The Police Department requests the Commission to accept donations received for the purchase of two (2) new police canines totaling $17,100. from the Highlands Homeowner's Association and Dr. Jerry Eans, owner of the Winter Springs Veterinary Clinic. In addition, the Police Department requests Commission approval to retire K -9 "Mark" after his career of service to the city and transfer his ownership to his handler, Cpl. Kevin Crager. The department requests the Commission approve the City Manager to execute any and all documents related to this item. FISCAL IMPACT: There will be no cost impact to the General Fund; conversely, a positive impact will be realized in the General Fund by accepting these donations since the Police Department will not need to seek a supplemental appropriation for purchasing new animals. There will be no fiscal impact on the city for allowing the K -9 to retire with his handler as the handler has agreed and will assume responsibility of all care and feeding of K -9 Mark. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- FEBRUARY 13, 2012 PAGE 6 OF 24 COMMUNICATION EFFORTS: " This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, ;�=;°.; City Attorney /Staff, and 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 P- electronically forwarded to the individuals noted above, and which is also available on the City's Website, fi LaserFiche, and the City's Server; has been sent to applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's � Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Police Department recommends the Commission approve the acceptance of the generous donations from The Highlands Homeowner's Association and Dr. Jerry Eans, totaling $17,100, for purchase of two new police canines, approve the transfer of ownership of canine "Mark" to Corporal Crager upon the animal's retirement from service with the Police Department, and authorize the City Manager to execute and approve all documents associated with this item. Commissioner Rick Brown spoke of the Highlands Homeowner's Association and stated, "You guys rock! I have got to tell you, what an outstanding display of community service and community spirit coming from the Highland Homeowners Association group. We could not expect more in the way of citizen cooperation and just citizen support of what we do here in the City than what you guys demonstrated this week and thank you so, so much." Furthermore, Commissioner Brown added, "We certainly appreciate you and everybody else on that committee that voted for this. Thank you very much!" Chief of Police Kevin Brunelle, Police Department spoke briefly on this. Dr. Jerry Eans was also complimented for his extraordinary contributions. CONSENT 202. Information Services Department REQUEST: The Information Services Department requests authorization to dispose of surplus assets according to the attached disposition sheets. FISCAL IMPACT: There is no cost to dispose of these surplus assets. The City receives revenue generated from items sold at auction. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 13, 2012 PAGE 7 OF 24 Furthermore, this information is also available to any individual requestors. City Staff is always willing toc= discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: "O Staff recommends that the City Commission approve the disposition of the attached list o s urplus assets. , No discussion. = CONSENT 203. Office of the City Manager REQUEST: City Manager requesting the Commission approve Resolution 2012 -07 in support of Keeth Elementary School. FISCAL IMPACT: There is no fiscal impact associated with approval of this Resolution. 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 copy of this Resolution wil be forwarded to the Seminole County School Board Chair upon adoption by the Commission. RECOMMENDATION: The City Manager recommends that the City Commission adopt Resolution 2012 -07 in support of Keeth Elementary School. City Manager Kevin L. Smith stated, "As you know, this Resolution in support of Keeth Elementary School was brought forward as a recommendation of Commissioner Krebs." CONSENT 204. Office of the City Clerk REQUEST: Requesting the City Commission Approve the Monday, January 23, 2012 City Commission Regular Meeting Minutes. FISCAL IMPACT: There is no fiscal impact to this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 13, 2012 PAGE 8 OF 24 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Commission is respectfully requested to Approve the Monday, January 23, 2012 City Commission Regular Meeting Minutes. No discussion. CONSENT 205. Office of the City Clerk REQUEST: Requesting the City Commission Approve the Monday, January 30, 2012 City Commission Workshop Minutes. FISCAL IMPACT: There is no Fiscal Impact to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Commission is respectfully requested to Approve the Monday, January 30, 2012 City Commission Workshop Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- FEBRUARY 13, 2012 PAGE 9 OF 24 Mayor Lacey added, "Thank you Commissioner Krebs for pushing that Keeth Resolution." AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Police Department REQUEST: Presentation Of Appreciation To Senor Tequilas For Shop With A Cop. Chief Brunelle presented a plaque to Senor Tequilas Mexican Grill in honor of their assistance with the "Shop with a Cop" event. AWARDS AND PRESENTATIONS 301. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Presentation Of The City's First Quarter Financial Report For The 2012 Fiscal Year. (Quarter Ending December 31, 2011) (This Is Related To Informational Agenda Item `102'.) Mr. Shawn Boyle, Director, Finance and Administrative Services Department presented a brief review and mentioned, "Keep in mind our goal of safety, liquidity, and then return - in that order." Discussion followed with Deputy Mayor Gary Bonner on funds, earnings, and aging. Mr. Boyle closed by noting, "As far as the safety goes, that we're AAA rated on all our investments." AWARDS AND PRESENTATIONS 302. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Presentation Providing The Investment Report For The First Quarter Of Fiscal Year 2012 (Quarter Ending December 31, 2011) As Prepared By PFM Asset Management LLC. (This Is Related To Informational Agenda Item `103'.) Mr. Boyle presented a brief overview on the latest status and spoke of a couple of development projects. VOTE: COMMISSIONER KREBS: AYE r COMMISSIONER RESNICK: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mayor Lacey added, "Thank you Commissioner Krebs for pushing that Keeth Resolution." AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Police Department REQUEST: Presentation Of Appreciation To Senor Tequilas For Shop With A Cop. Chief Brunelle presented a plaque to Senor Tequilas Mexican Grill in honor of their assistance with the "Shop with a Cop" event. AWARDS AND PRESENTATIONS 301. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Presentation Of The City's First Quarter Financial Report For The 2012 Fiscal Year. (Quarter Ending December 31, 2011) (This Is Related To Informational Agenda Item `102'.) Mr. Shawn Boyle, Director, Finance and Administrative Services Department presented a brief review and mentioned, "Keep in mind our goal of safety, liquidity, and then return - in that order." Discussion followed with Deputy Mayor Gary Bonner on funds, earnings, and aging. Mr. Boyle closed by noting, "As far as the safety goes, that we're AAA rated on all our investments." AWARDS AND PRESENTATIONS 302. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Presentation Providing The Investment Report For The First Quarter Of Fiscal Year 2012 (Quarter Ending December 31, 2011) As Prepared By PFM Asset Management LLC. (This Is Related To Informational Agenda Item `103'.) Mr. Boyle presented a brief overview on the latest status and spoke of a couple of development projects. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 13, 2012 PAGE 10 OF 24 REPORTS" REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire �:catrerT. City Attorney Anthony A. Garganese stated, "For the Record, since I have been reporting on it, you all know that the Florida Housing Finance Corporation did approve the transfer of housing tax credits in the Towne Park matter; so, the Settlement Agreement will be implemented because it's now totally within the hands and control of the parties." Mayor Lacey stated, "Thank you for going up to Tallahassee and shepherding that through Anthony ( Garganese)." REPORTS 401. Office Of The City Manager — Kevin L. Smith Manager Smith mentioned a company has been hired to do a Survey on Unit 12/12A and said the price was procured for three thousand two hundred and eighty dollars ($3,280.00). Manager Smith added, "Kudos to Staff for that." Continuing, Manager Smith mentioned that the Report should be in next week and then would be sent to the Mayor and City Commission and the affected homeowners; and suggested that a Workshop date could possibly now be set. Manager Smith added, "When we set that date, we would obviously transmit that date to the affected homeowners in Unit 12, and at that same time in that mailing, include a copy of the Survey." Discussion followed on possible dates for a Workshop. Deputy Mayor Bonner said, "There were some very genuine public safety concerns. I have seen that there is some yellow tape, a cone or two - are we comfortable that we have addressed the public safety concerns that would allow us to wait this long ?" Manager Smith stated, "We believe that we've addressed them via the notification signage and tape and what not." With discussion, Mayor Lacey and Deputy Mayor Bonner suggested the date of March 28 2012. Commissioner Brown said, "That works." Mayor Lacey asked if there were any objections, to which none were noted. Mayor Lacey then offered a start time for this Workshop of 6:00 p.m. Deputy Mayor Bonner agreed with this proposed time. No objections were noted. Next, Manager Smith mentioned that Seminole County Public Schools would be "Ceasing of paying all Stormwater Fees to cities going forward, and/or retroactively." Discussion followed on this and a Case from the Key West, Florida area. Manager Smith noted that this amounts to approximately sixty -nine thousand dollars ($69,000.00) owed to our City and stated, "We intend to look at it and see what options we have." Commissioner Joanne M. Krebs commented that the City of Longwood would be affected by a loss of approximately eight thousand dollars ($8,000.00), and over a hundred thousand dollars to the City of Sanford, and thought this would be a good issue to be addressed by the Mayors and Managers Meeting. Mayor Lacey noted that it was indeed on their next Agenda. Commissioner Krebs added that the City of Longwood would support the cities. Manager Smith spoke of his concern with the equity issue related to this matter. CITY OF WINTER S PRINGS, FLORIDA MINUTE CITY COMMISSION REGULAR MEETING -FEBRUARY 13, 2012 PAGE 11 OF 24 i' Commissioner Brown asked, "What recourse ?" Manager Smith said, "I don't know at this point. But, again, just; wanted to advise you all. We intend to look at it and see what options we have." Mayor Lacey commented on the "Retroactiveness of it - as I understand this ruling. It was basically that we are entitled to charge for Stormwater Fees. We just don't have the ability to collect against them because of sovereign immunity — so, if we already have payments in hand for past payments, would there be any mechanism for them to go back and insist on a refund ?" Attorney Garganese commented on the Case and that they can 14 request a refund. Further discussion ensued. r� Lastly, Manager Smith mentioned his upcoming schedule. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC No Report. REPORTS 403. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs mentioned there was a Hearing tomorrow on Red Light Cameras and mentioned the need for Legislators to be contacted. Commissioner Krebs suggested, "We need to call" and handed out some documents related to this and contact information. Secondly, Commissioner Krebs noted that at January's Tri- County League of Cities Meeting, Commissioner Jo Ann Lucarelli of the City of Lake Mary had asked for support for a Resolution related to anti - stalking and distributed a sample Resolution for consideration. Commissioner Krebs asked if Manager Smith and Attorney Garganese had reviewed this? Manager Smith said they had and added, "It certainly seems like a worthy cause." Commissioner Krebs asked if the Commission would support this with a Resolution. Manager Smith stated, "Commissioners, if that would be your Consensus or direction, I'll be happy to bring back an Agenda Item from Commissioner Krebs at the next meeting." Deputy Mayor Bonner stated, "I support it." Commissioner Brown added, "Me too. Commissioner Cade Resnick nodded in agreement. No objections were voiced. Thirdly, Commissioner Krebs commented on an effort by the current class of Leadership Seminole and mentioned she was bringing this forward on behalf of City of Oviedo Council Member Cindy Drago and Lake Mary's Commissioner Lucarelli and noted that they wanted us to purchase a brick. Commissioner Krebs went on to mention that she was not suggesting City funds be used, but thought that if the Commission all chipped in less than twenty dollars each, a brick could be purchased for the Mayor and City Commission. Commissioner Krebs added, "We will have our names put on it and City of Winter Springs — I will purchase it for us. If you want to participate, that is great. If not, but we're going to have a brick that says `City of Winter Springs'." Mayor Lacey noted there was information on the dais related to this, for each Commissioner. Commissioner Jean Hovey stated, "Count me in." Commissioner Resnick added, "The checks go out to Harvest Time" and mentioned that he or Mr. Boyle can collect the checks, as they are also in the same Leadership Seminole class. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — FEBRUARY 13, 2012 PAGE 12 OF 24 . Next, Commissioner Krebs asked if additional and different messages could be added to the electronic sign. Manager Smith responded, `Be happy to put anything you like out there. "'' Continuing her Report, Commissioner Krebs asked if we could have some Surveys on our Website and that this could be added to the electronic message sign. Further comments followed on Surveys and how they might not be technically scientific. Mayor Lacey also referenced the electronic message sign and said that he had seen, "Every bulb on the sign is lit r� — on the east facing side; but the west facing side is fine." Commissioner Krebs added, "So we should come up with some new things to put on there." Furthermore, Commissioner Krebs spoke of attending a recent Senior Luncheon and that there was no parking and quite a few people were circling, trying to also find a parking space. Mr. Chris Caldwell, Director, Parks and Recreation Department addressed the City Commission and commented on the scheduling issue and that a few programs had been changed to better accommodate parking for future events. Commissioner Krebs thanked Mr. Caldwell for his assistance with the parking issue. Continuing, Commissioner Krebs agreed with what Commissioner Brown had earlier said regarding the Highlands Homeowner's Association and added, "We have really great community supporters, business supporters and we recognized one today, for what they did for our community and the Police Shop with a Cop. We also recognized an Association for doing that great deed of getting the City a dog which is terrific. Thank you Highlands!" Lastly, Commissioner Krebs added, "We also have a Commissioner up here that has given of himself and his business has done many, many things for this community, and I want to thank him too! Because, any time there is somebody in need and I know just recently, he was asked again if he could help — there was a family that is in need of support and without hesitation — "Just tell me when you want to do it." And so, Commissioner Brown, thank you very much for being that community leader that you are!" REPORTS 404. Office Of The Mayor — The Honorable Charles Lacey Mayor Lacey advised the City Commission that at a recent CALNO (Council of Local Governments in Seminole County) meeting he attended, that CALNO had adopted the Environmental Studies Center and said they were looking into funding possibilities; such that Seminole County may assist with funding, and if so, they would like the cities to participate also. Furthermore, Mayor Lacey noted that Commissioner Krebs had attended a School Board meeting with the County last week, "And there was some discussion of CALNO and the (Mud Walk) Environmental Studies Center there. It was discussed at that meeting that the Chairman of the School Board would be sending a letter to the cities, asking for funding support; but in fact, they are going to work that through CALNO and so sometime here in the near future, we will probably get a request from CALNO to participate in helping to fund the Environmental Studies Center." On a similar note, Mayor Lacey remarked that the City of Altamonte Springs "Is opening up an alternative to the Environmental Studies Center at Lake Lotus which is another hands on scientific experience and they are very proud of that; and they would like to ask Commissioners from any of the cities to come tour their project." Mayor Lacey noted that if anyone was interested to contact the City of Altamonte Springs' City Manager's Office. CITY O W INTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING— FEBRUARY 13, 2012 PAGE 13 OF 24 4 Continuing his Report, Mayor Lacey mentioned an upcoming Mayors and Managers meeting and noted that the n School Board will be included. Mayor Lacey noted that an item on the Agenda will be the Stormwater Fee° { collection process as noted earlier tonight; Seminole County Public Schools funding matters for the School Board to consider; and other items related to Seminole County Public Schools. Mayor Lacey added that as always, Commissioners are always welcome at these Mayors and Managers meetings; and the upcoming meeting is beingV held in Casselberry on Tuesday, February 21 st , 2012 at 11:30 a.m. REPORTS 405. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Hovey commented on the use of a fingerprint scanner used in cars by the Florida Highway Patrol. Secondly, Commissioner Hovey remarked about a comment from a resident that the property at the intersection of State Road 434 and Hayes Road was unappealing. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department addressed the owner's financing and permitting efforts. Thirdly, Commissioner Hovey spoke of a new Dollar General store in Fern Park and asked about the status of the one being planned for Winter Springs. Mr. Stevenson mentioned the current standing of this proposed project. REPORTS 406. Office Of Commissioner Seat Two — The Honorable Rick Brown Tape 1 /Side B Commissioner Brown spoke about a Seminole County Public Schools facility called Journeys Academy which handled troubled youth and which has recently been closed and approximately fifty plus (50 +) students from Journeys Academy have been sent to Winter Springs High School. As a result, this has greatly increased police activity at Winter Springs High School. In light of Journeys Academy being closed, Commissioner Brown suggested that we discuss with Seminole County Public Schools about the additional costs imposed on Winter Springs Police Department and the reasons the school was closed. Continuing, Commissioner Brown suggested that Chief Brunelle was getting some data together and suggested the City Commission ask the City Manager and the Police Chief to provide to them at every meeting, "A list of the crimes that have been committed that they have had to respond to" at Winter Springs High School — "for the period preceding." Commissioner Brown mentioned he would submit the information to the Press. Mayor Lacey noted his support of this. Commissioner Resnick noted that he thought Journeys Academy also had younger students which might also affect Rock Lake Middle School and Indian Trails Middle School. Discussion followed with Chief Brunelle who stated, "I am in the process of trying to get more information and we will provide a report to you." Mayor Lacey stated, "Is there any objection to asking the Manager and the Chief to provide the data for Commissioner Brown's request ?" Deputy Mayor Bonner and Commissioner Resnick said, "No objection." Further discussion related to Seminole County Public Schools followed; to which Commissioner Brown suggested, "I think we need to stand up and we need to start pushing back." Commissioner Krebs agreed and in terms of Commissioner Brown's request for information of the City Manager and the Police Chief, suggested that we also put something together related to "Money for the extra Officer's time." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 13, 2012 PAGE 14 OF 24 Deputy Mayor Bonner thanked Commissioner Brown for bringing this matter up. Secondly, Deputy Mayor Bonner thanked the Chief and the Honor Guard for their assistance and representation at the funeral of former Commissioner John Ferring and stated, "Thank you Chief. Well done." Next, Deputy Mayor Bonner offered his thanks to Dr. and Mrs. Eans and to the Highlands Homeowners Association for their generous contribution of a new canine. Deputy Mayor Bonner commented on a newspaper article related to a New York based tech firm to set up in Seminole County potentially and phenomenal tax incentives and said he would give the article to the City Manager. Deputy Mayor Bonner added, "This highlights two (2) things for me. One (1) is obviously a very positive economic indicator for growth and investment within our local economy but also calls to question, the opportunity that exists for us here in Winter Springs to pursue candidates of this nature." Deputy Mayor Bonner added, "I look forward in the near future to having an update on our Economic Development initiatives and I know that you have some things that are underway in that area. And I am just curious if this particular case, and I will leave this with you to research if we ever had an opportunity to look at this, or this is one that happened without our knowing." Commissioner Krebs asked more about the K -9 dogs and what now happens. Commissioner Krebs mentioned a friend of hers who is a K -9 Officer from Winter Park and that they sell the canine to the handler for one dollar ($1.00). Chief Brunelle remarked that this was something new that he had become aware of and explained, "I'm in the process of getting ready to send it over to Anthony's (Garganese) office for him to approve it and put it up, and then the City Manager will engage in that signing of the documents." Further comments. REPORTS 408. Office Of Commissioner Seat Four — The Honorable Cade Resnick Commissioner Resnick thanked Mayor Lacey and the other Commissioners who have attended Seminole County Public Schools School Board meetings and related meetings. Discussion followed on matters related to area schools. Commissioner Resnick spoke further on the brick program for Leadership Seminole and said if anyone individually wanted to buy a brick or collectively, they would appreciate it. Mayor Lacey said to Chief Brunelle, "In the data you can compile, can you give us information for instance along m' the lines of extra man hours that you have to roll to support the problems that are there ?" Chief Brunelle said, "Sure, I can keep track of all that." „, Additional comments followed. Wes" REPORTS 407. Office Of Commissioner Seat Three/Deputy Mayor - The Honorable Gary Bonner Deputy Mayor Bonner thanked Commissioner Brown for bringing this matter up. Secondly, Deputy Mayor Bonner thanked the Chief and the Honor Guard for their assistance and representation at the funeral of former Commissioner John Ferring and stated, "Thank you Chief. Well done." Next, Deputy Mayor Bonner offered his thanks to Dr. and Mrs. Eans and to the Highlands Homeowners Association for their generous contribution of a new canine. Deputy Mayor Bonner commented on a newspaper article related to a New York based tech firm to set up in Seminole County potentially and phenomenal tax incentives and said he would give the article to the City Manager. Deputy Mayor Bonner added, "This highlights two (2) things for me. One (1) is obviously a very positive economic indicator for growth and investment within our local economy but also calls to question, the opportunity that exists for us here in Winter Springs to pursue candidates of this nature." Deputy Mayor Bonner added, "I look forward in the near future to having an update on our Economic Development initiatives and I know that you have some things that are underway in that area. And I am just curious if this particular case, and I will leave this with you to research if we ever had an opportunity to look at this, or this is one that happened without our knowing." Commissioner Krebs asked more about the K -9 dogs and what now happens. Commissioner Krebs mentioned a friend of hers who is a K -9 Officer from Winter Park and that they sell the canine to the handler for one dollar ($1.00). Chief Brunelle remarked that this was something new that he had become aware of and explained, "I'm in the process of getting ready to send it over to Anthony's (Garganese) office for him to approve it and put it up, and then the City Manager will engage in that signing of the documents." Further comments. REPORTS 408. Office Of Commissioner Seat Four — The Honorable Cade Resnick Commissioner Resnick thanked Mayor Lacey and the other Commissioners who have attended Seminole County Public Schools School Board meetings and related meetings. Discussion followed on matters related to area schools. Commissioner Resnick spoke further on the brick program for Leadership Seminole and said if anyone individually wanted to buy a brick or collectively, they would appreciate it. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 13, 2012 PAGE 15 OF 24 On a related note, Commissioner Resnick mentioned that a Groundbreaking for the Leadership Seminole Dental- Care Center is scheduled for Friday, February 24, 2012 at Harvest Time International at 5:30 p.m.; and that tickets were twenty -five dollars ($25.00) each, and that he would forward information to the City Clerk who could then h �d share it with the City Commission. MOTION TO APPOINT MR. ROBERT CARRIL TO THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER BROWN. DISCUSSION. COMMISSIONER HOVEY NOTED THAT THERE IS STILL ONE (1) OPENING ON THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE, AND ASKED IF IT COULD PERHAPS BE ADDED TO THE CITY'S ELECTRONIC SIGN. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Discussion followed on Seminole County Public Schools and bid information that a resident had researched. PUBLIC INPUT Mr. Arsenio Calle, 110 Arrowhead Court, Winter Springs, Florida: commented about the Unit 12/12A wall and suggested that tax dollars should not be used for one community; thought there might be other options for the homeowners; and that a Contractor might do the work for the bricks. Mr. Calle also appreciated that the Agendas in the Lobby were printed on both sides. Mr. Dan Finley, 669 North Endeavor Drive, Winter Springs, Florida: noted that Keeth Elementary School parents had been advised that the Tuscawilla Homeowners Association would also get involved in their effort to protect Keeth Elementary School; and thanked the Mayor and City Commission as individuals and as a group for their efforts to protect Keeth Elementary School and the community. Commissioner Hovey complimented Mr. Finley on his recent presentation related to Keeth Elementary School. Deputy Mayor Bonner offered his thanks to Mr. Finley for his efforts. Mr. Kevin Cannon, Post Office 3151, Orlando, Florida: representing the Tuscawilla Homeowner's Association, Mr. Cannon said that they were trying to do what they could to support Keeth Elementary School and preserve the community of Winter Springs; and that he was troubled by the news about Journeys Academy. Mr. Cannon mentioned, "Commitment letters went out which is the concurrency requirement for school capacity. If this is not handled correctly, what I see happening is that the Seminole County Public Schools is encroaching on your constitutional and statutory authority to direct the Future Land Use residential Land Use and growth within Winter Springs. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETIN - F 13, 2012 PAGE 16 OF 24 Because they have existing capacity and they're shutting it down and by doing so, we have a lot of, as of yet undeveloped, but on the near term horizon residential properties within a two (2) mile radius of Keeth (Elementary School) and they have the potential by this action to essentially put like a moratorium in place. Because if the capacity is not there, the concurrency requirement of (Florida Statutes) 163.3180 won't be met. And this is going to have a devastating impact on the future growth and fiscal growth for the city of revenue and ad valorem taxes and this is going to have a devastating impact on the quality of the community; which in turn will have an impact on home values." Continuing, Mr. Cannon commented on Impact Fees, residential growth and potential Economic Development issues. Mr. Cannon said, "I can run the numbers on the Impact Fees which are over three hundred thousand dollars ($300,000.00) of Impact Fees and the Ad Valorem which are recurring revenues every year. I need some help or I am asking the City to look at even one, two, three percent (1, 2, 3 %) diminished values in the City of Winter Springs on a nearly one point six billion dollar ($1,600,000.00) tax base and what that adverse impact is. They want to save less than a million dollars by closing a school and the long term impact is going to be way more than that." Mr. Cannon additionally suggested that property owners /developers should also be facing the School Board on this issue also. Furthermore, Mr. Cannon mentioned his litigation experience and said to Chief Brunelle, "The duty is on the property owner and the operator to provide that security; not your Department." Mr. Cannon added, "If your Officers are injured and the City incurs Worker's Compensation claims, the City has a right of subrogation to get reimbursed that outlay for Worker's Comp[ensation] in any claim that's made." Mr. Cannon added, "You need to ramp up that pressure by demanding that they go out and hire security to make our students safe." Mr. Cannon then spoke about the differing numbers and suggested that the Mayors and Managers group get involved, and regarding the Stormwater Fees Case mentioned earlier this evening, Mr. Cannon noted that we are in a different Court of Appeals, and that this Case may be dissimilar. Further comments followed on the Seminole County Public Schools and Budget information provided to the School Board. Commissioner Brown said he appreciated the comments addressed by Mr. Cannon and stated, "I am a little concerned with hearing some of those things for the first time and I think they have a very deep area of concern for the City in our development, and our growth, and the homes that are being built; and again, I guess I am a little concerned that we haven't taken that position ourselves a lot sooner and worked to protect our interests much more aggressively than what we have from a legal perspective; and from I guess, a communication perspective with the School Board ensuring that we are on legal footing to do so. But I would definitely like to ask the Commission to ask the City Manager and the City Attorney to do whatever is necessary to defend the interests of Winter Springs; to be on the aggressive and on the offense in this matter in making sure that we do absolutely everything which is in our legal power to do so; to back this down and make sure that we get the outcome that we want to get to." Deputy Mayor Bonner added, "I support that." With compliments to Mr. Cannon's sincerity and efforts, Deputy Mayor Bonner remarked, "I concur with Commissioner Brown that we probably need to impose on you Anthony (Garganese) to dig into some of this and help us prepare should the School Board make the ill- advised decision tomorrow to proceed with suspending operations at Keeth Elementary. I suspect we may need to reconvene this body post haste and start to look at what our legal options are as a City to protect our interests from what undoubtedly would be a calamity potentially for the viability of our City, our property values, the impact on our economic viability, our future Economic Development." Deputy Mayor Bonner added, "I share your comments Commissioner Brown. Perhaps we have not done enough." za> CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — FEBRUARY 13, 2012 PAGE 17 OF 24 .M Tape 2 /Side A r Further discussion. Commissioner Brown said "I am all for going out on the offensive and let's just put this to bed and get out there a; in the Courts, and the press, whatever we need to do. Let's just make this stop." Commissioner Resnick spoke of'� his support for this effort. Mayor Lacey closed "Public Input". PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department - Urban Beautification Services Division REQUEST: The Community Development Department, Arbor Division, asks that the City Commission consider on first reading Ordinance 2011 -16, which proposes text amendments to Chapter 5, Tree Protection and Preservation, as recommended for approval by the Planning and Zoning Board on December 7th, 2011. FISCAL IMPACT: There is no direct fiscal impact associated with the Commission's action on Ordinance 2011 -16. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. This proposed amendment is scheduled to be publicly advertised in the Orlando Sentinel no less than 10 days prior to the second reading on February 27, 2012. Draft Ordinance 2011 -16 was reviewed and approved with modifications by the Planning and Zoning Board on December 7, 2011. The Beautification of Winter Springs Advisory Board has been provided a copy of the draft Ordinance 2011 -16 at their January 3rd, 2012 regular meeting. RECOMMENDATION: Staff is recommending that the City Commission approve the first reading of Ordinance 2011 -16, which proposes text amendments to Chapter 5, Tree Protection and Preservation, as approved by the Planning and Zo B on D ecember 7, 2011, and move said Ordinance forward to a second reading. Mayor Lacey asked, "Is there a Motion to read by `Title' onlyT CITY OF WIN SPRIN FL M C IT Y COMMISS RE MEE - F E B R UARY 13, 2 PA 18 OF 24 "SO MOVED." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2011 -16 by "Title" only. Ms. Stephanie Wolfe, Water Conservation Coordinator, Public Works Department spoke on the Ordinance and stated, "One substantive change is that we are going to allow for trees that are located within ten foot (10') of a structure and they're causing obvious damage or an obvious safety hazard; if the resident chooses to remove that tree, we're not going to require them to have to pay to have it replaced. They will still pay the normal Fee and that hasn't changed." Deputy Mayor Bonner stated that though some similar issues had been brought before the City Commission, "We may have some prior Applicants who would now fall within the ten foot (10) new definition. In my opinion, it would be a courtesy for us to research our records and potentially alert those citizens that their prior case which may not have ruled in their favor in the past, would now be treated differently under this change, were this change to be adopted." Deputy Mayor Bonner said to Manager Smith, "Tree issues are a really big deal in our City; certainly in my District that I serve; so I think it would be a really great gesture if we would check the records and should this be adopted, if we go to bring back and let those citizens know that they now have a course of action that they might previously had not had at their disposal." Commissioner Brown remarked, "I am so happy, on behalf of the citizens to see our Arbor Ordinances getting a little bit more user friendly and a little more in tune with what the request of our community has been. I applaud the effort - thank you!" 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. Mayor Lacey asked, "Is there a Motion to move to Second Reading ?" "MOTION TO MOVE TO SECOND READING." MOTION BY DEPUTY MAYOR BONNER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR LACEY SAID, "MOTION IS TO MOVE 2011 -16 TO A SECOND READING." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Syr �k CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 13, 2012 PAGE 19 OF 24 PUBLIC HEARINGS 501. Community Development Department REQUEST: Community Development Department requesting the City Commission consider on First Reading Ordinance 2012 -07 establishing local regulations applicable to secondary metals recyclers and other similar non- hazardous recyclers. FISCAL IMPACT: Ordinance 2012 -07 has no direct fiscal impact on the City of Winter Springs. The Ordinance establishes allowable hours of operation for purchase transactions at secondary metal recyclers that would be more flexible than the restricted hours currently proposed by the Florida Legislature. The restricted hours as proposed by the Legislature could have a detrimental fiscal impact on the businesses that conduct secondary metal recycling and the residents that use these services. 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 City Commission move Ordinance 2012 -07 to Second Reading. Mayor Lacey asked, "Motion to read by `Title' only ?" "SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR BONNER. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2012 -07 by "Title" only and commented, "There is currently some pending legislation up in Tallahassee that it would regulate metal recyclers, specifically, there is a proposal to pre -empt local government regulations in this area of the law, and the current draft of the legislation provides that it would not pre -empt an Ordinance or regulation that was originally enacted prior to March 1, 2012. Those Ordinances that were enacted prior to that date could still be amended to meet or exceed the requirements that the legislature is considering in the Statute. One particular requirement addresses hours of operation of these establishments and it would limit the hours of operation to Monday through Friday, 7:00 [a.m.] to 6:00 p.m.; Saturday, 7:00 [a.m.] to 1:00 p.m. and require these establishments to be closed on Sundays." The Staff is proposing Adopting an Ordinance prior to March 1, 2012 to avoid the pre - emption. If Winter Springs were to proceed with this Ordinance, the hours of operation for these establishments would be 7:00 a.m. to 7:00 p.m. The net effect would be the Ordinance would allow twenty-three (23) additional hours for operation in the course of a week, than what's being proposed by the Legislature." f,t CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 13, 2012 PAGE 20 OF 24 Discussion. Mayor Lacey opened the "Public Input" portion of the Agenda Item. 1111- r Mr. Bart Phillips, 212 Morton Lane, Winter Springs, Florida: spoke on this legislation; the proposed Ordinance; and noted that the hours proposed by the Legislature would negatively impact his sales revenues; and that he has been up to Tallahassee assisting with the hour issue. Deputy Mayor Bonner asked Mr. Phillips, "Do you support the hours proposed by Staff in this local Ordinance ?" Mr. Phillips stated, "Yes, I do." Mayor Lacey closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE - FIRST READING." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR BONNER. DISCUSSION. MAYOR LACEY ADDED, "TO APPROVE FIRST READING AND MOVE TO SECOND." VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Office of the City Clerk REQUEST: The City Clerk requests that the City Commission hear a presentation from the Bicycle and Pedestrian Advisory Committee related to their membership, efforts, accomplishments, and any issues they may wish to discuss. (This is an Amended Agenda Item. Previously, this Agenda Item referenced a presentation from the Tuscawilla Lighting and Beautification District Advisory Committee. Item 600 will, in fact, be a presentation from the Bicycle and Pedestrian Advisory Committee, not the Tuscawilla Lighting and Beautification District Advisory Committee.) 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, eAlert/eCitizen Recipients, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 13, 2012 PAGE 2I OF 24 Furthermore, this information is also available to any individual requestors. City Staff is always willing to ;Y discuss this Agenda Item or any Agenda Item with any interested individuals. 10 The Office of the City Clerk has provided information via email and in person regarding the Mayor and City Commission's interest in hearing from the Bicycle and Pedestrian Advisory Committee. The Bicycle and Pedestrian Advisory Committee has also discussed this matter at their recent Special Meeting and have made various arrangements to prepare for this meeting with the Mayor and City Commission. RECOMMENDATION: The City Commission is requested to hear from members of the Bicycle and Pedestrian Advisory Committee and discuss any matters they deem of interest with the Bicycle and Pedestrian Advisory Committee and City Staff, as applicable. Mayor Lacey began this Agenda Item by welcoming the Bicycle and Pedestrian Advisory Committee. The Chairman of this Committee, Chairman Bill Carpenter then introduced the other members also in attendance: Vice Chairman Larry Hartman, Committee Member Gary Brook and Committee Member Kok Wan Mah. Chairman Carpenter reviewed a presentation and spoke on some of their multimodal efforts, including a bicycle route plan; an inventory of all the sidewalks in the City; a list of prioritized list of projects to be included in the City's five (5) year Capital Improvements Plan; replacement of a couple of sidewalk projects; way finding signage for bicycles and pedestrians; and LYNX transit services with a possible connection with SunRail in 2014. Continuing, Chairman Carpenter complimented the cooperation of City Staff and the Mayor and City Commission. Chairman Carpenter then referenced "Bike /Walk Central Florida" which offered a crosswalk safety program in Orlando. Mayor Lacey and Members of the City Commission thanked the Bicycle and Pedestrian Advisory Committee for their efforts. With further comments, Deputy Mayor Bonner asked, "I want to make sure that you feel that you are receiving the proper attention and support from Staff in identifying safety issues. In particular, I want to encourage you to bring those forward so that we can address those safety matters on behalf of our citizens." Committee Member Mah stated, "I think we have great support from City Staff. Brian, (Fields, P.E., City Engineer, Public Works Department, Randy (Stevenson), Bobby (Howell, AICP, Planner, Community Development Department) — all of them have been very instrumental in helping us identify what the priorities are." Committee Member Brook remarked, "I want to say that every idea that we had, Staff really responded to us, gave us full support, and I couldn't be happier. They also organized things in such a way that brought that to our minds. So, it was a mutual kind of support that I was just very, very pleased to see - so, you can be proud of your Staff." Commissioner Brown asked Members of the Committee if they had any ideas about education for skaters and bicyclists in terms of adhering to "Stop" signs along the Cross Seminole Trail. CITY OF WIN S PRINGS, FLORIDA MINU CIT COMMI REGULAR MEETING — FEBRUARY 13, 2012 PAGE 22 OF 24 Chairman Carpenter suggested, "When we do get the opportunity maybe to do this pedestrian safety — that would be an opportunity we might bring that to you and say, `Here is an opportunity to get people more in tune with what the obligations of the pedestrians and the motorists are, with regard to pedestrian safety. Chairman Carpenter then commented on the merits of Cyclingsavvy.com, which is a local group that offers one of the best cycling courses in the country. Commissioner Hovey asked if the Committee could work with Scouts and Parent - Teachers Associations on safety issues, especially "Stop" signs. Chairman Carpenter agreed that there was a need for this. Deputy Mayor Bonner commented on the electronic message sign and thought that if they had any suggested messages, to advise us. Commissioner Krebs suggested a catch phrase should be considered and then posted on the electronic message sign. Mayor Lacey added that he thought each Board/Committee should provide a catch phrase. Mayor Lacey commented, "Thank you for coming out tonight and your service throughout the year." Commissioners followed with further thanks. REGULAR 601. Office of the City Clerk REQUEST: The City Clerk is requesting the City Commission consider the information in this Agenda Item relative to determining if the City Commission would be interested in recognizing the City's Board and Committee Members (Volunteers) with a Board and Committee Appreciation Event for 2012. FISCAL IMPACT: Costs for this event would primarily come from the "Promotion Expense Appreciation Dinner" Line Code, 1100 - 54800- 11002. Currently there is three thousand dollars ($3,000.00) available in the "Commission Promotion Expense - Appreciation Dinner" Line Code for such an event. 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� F it ?4ifkM'?LR'1�.+ We have been in touch with 3 local venues who could possibly hold such an event and have tried to obtain suitable quotes for your consideration. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY C REGULAR MEETING - FEBRUARY 13, 2012 PAGE 23 OF 24 RECOMMENDATION: R } a The City Commission is requested to decide if they like any of the options noted in this Agenda Item and if so, what is their choice of venue, menu/costs, date, and possible attendees. If 1) is agreed upon, the City Clerk would like to request to be able to spend u to an additional fifty dollars $50.00 out of the budgeted q P P h' ( ) g three thousand dollars ($3,000.00), if necessary, on miscellaneous minor items for this proposed event. City Clerk Andrea Lorenzo - Luaces introduced this Agenda Item for discussion.''' Deputy Mayor Bonner mentioned, "I must declare a conflict of interest. One of the candidates is a customer of my company, and therefore I will abstain from Voting. Discussion followed. Mayor Lacey suggested that Kee Wee Entertainment District be considered as the venue for this year's Board and Committee Appreciation event with consideration of their bid and that they are new to the City. Commissioner Krebs stated, "I would certainly support that as well." Mayor Lacey inquired about a Consensus for Kee Wee Entertainment District and added, "Is there any objection ?" No objections were voiced. Discussion followed on possible dates for this year's Event. "MOTION FOR MAY 11 TH , ( 2012) AT KEE WEE (ENTERTAINMENT DISTRICT)." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. CITY CLERK LORENZO - LUACES INQUIRED, "EVERYTHING ELSE IN THE AGENDA ITEM, SIMILAR TO WHAT WE HAVE DONE IN THE PAST, IS THAT OKAY?" NO OBJECTIONS WERE NOTED. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR BONNER: ABSTAINED MOTION CARRIED. As to the time for this event, it was suggested the time could be 6:30 or 7:00 p.m. and City Clerk Lorenzo - Luaces said, "I will let you know as soon as we've got it set." PUBLIC INPUT No one addressed the Mayor and City Commission at this time. Mayor Lacey closed "Public Input ". Lastly, Mayor Lacey mentioned Babe Ruth Baseball Opening Day was set for this Saturday, February 18 2012. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — FEBRUARY 13, 2012 PAGE 24 OF 24 ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 7:31 p.m., 0 - RESPECTFULLY SUBMITTED: ANDREA LORENZO- LUACES, MMC CITY CLERK APPROVED: MAYOR CHARLES LACEY NOTE: These Minutes were approved at the 1 2012 City Commission Regular Meeting. CITY OF WINTER SPRINGS FLORIDA S c% try • Incorporate 199 `OR10A CITY COMMISSION MINUTES REGULAR MEETING MONDAY, FEBRUARY 13, 2012 - 5:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Gary Bonner - Seat Three Commissioner Jean Hovey - Seat One Commissioner Rick Brown - Seat Two Commissioner Cade Resnick - Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 13, 2012 PAGE 2 OF 24 CALL TO ORDER The Regular Meeting of Monday, February 13, 2012 of the City Commission was called to Order by Mayor Charles Lacey at 5:16 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 Gary Bonner, present Commissioner Jean Hovey, present Commissioner Rick Brown, present Commissioner Cade Resnick, 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. 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 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. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 13, 2012 PAGE 3 OF 24 INFORMATIONAL 101. Parks and Recreation Department REQUEST: The Parks and Recreation Department wishes to inform the City Commission of the results of our 2012 Scottish Highland Games Special Event. FISCAL IMPACT: Scottish Highland Games on Saturday /Sunday (January 15th & 16th) Parks: No costs Public Works: No costs Fire Department (Fire Inspection): Paid by Event Applicant Police: Paid by the Event Applicant Event Permit: Paid by the Event Applicant Total Cost of the Scottish Highland Games to City: $0 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 102. Office Of The City Manager And Finance and Administrative Services Department REQUEST: City Manager and the Finance and Administrative Services Department are transmitting the City's First Quarter Financial Report for Fiscal Year 2012. FISCAL IMPACT: As presented in the dashboard report. The fiscal impact of this new modeling will be measurable over the next several years. The cost of the software is nominal. 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 - FEBRUARY 13, 2012 PAGE 4 OF 24 RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. No discussion. INFORMATIONAL 103. Office Of The City Manager And Finance and Administrative Services Department REQUEST: The City Manager and the Finance and Administrative Services Department providing the Investment Report for the first quarter of fiscal year 2012 (quarter ending December 31, 2011) as prepared by PFM Asset Management LLC. FISCAL IMPACT: The weighted average yield at December 31, 2011 is .35 %. The weighted average yield at September 30, 2011 was 0.42 %. This portfolio has an average maturity of less than one year. 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. Additionally, the investment report will be placed on the City's website within one week of acceptance in the section titled Budgets and Financial Documents. 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 COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. DISCUSSION FOLLOWED ON CSX AND LAND SWAP RELATED ISSUES. COMMISSIONER BROWN REMARKED, "WHAT AN OUTSTANDING JOB BY OUR TEAM FOR THE HIGHLAND GAMES. JUST UNBELIEVABLE. LOOKING AT THE REPORT; LOOKING AT THE COST FACTORS; LOOKING AT HOW WE CAME IN. YOU GUYS JUST TORE IT UP AGAIN. THANK YOU SO MUCH! IT WAS GREAT! I KNOW WE HAVE TALKED ABOUT IT BEFORE BUT SEEING IT NOW IN WRITING AND SEEING WHAT THE FINAL COSTS WERE, IS JUST OUTSTANDING." MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 13, 2012 PAGE 5 OF 24 CONSENT AGENDA CONSENT 200. Police Department REQUEST: The Police Department requests the consent of the Commission to purchase four (4) electronic citation writers using Advanced Public Safety and associated Dell notebook computers purchased from Dell Company in the total amount of $7,540.44. APS is the sole source provider for this software in the State of Florida through their "Virtual Partner" program and they are currently in place as a vendor with the Police Department. Funding for this purchase will come from the Federal Law Enforcement Trust Fund. FISCAL IMPACT: Funding for this equipment will come from the Federal Law Enforcement Trust Fund in the amount of $7,540.44. As of January 11, 2012, there was a balance of $35,303.92 in the Federal Law Enforcement Trust Fund. There will be no impact to the General Fund budget for this purchase. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends approval of the expenditure of $7,540.44 from the Federal Law Enforcement Trust fund utilizing vendor Advanced Public Safety for the purchase of four (4) electronic citation writers and associated equipment, and vendor Dell Company for the purchase of four (4) notebook computers. No discussion. CONSENT 201. Police Department REQUEST: The Police Department requests the Commission to accept donations received for the purchase of two (2) new police canines totaling $17,100. from the Highlands Homeowner's Association and Dr. Jerry Eans, owner of the Winter Springs Veterinary Clinic. In addition, the Police Department requests Commission approval to retire K -9 "Mark" after his career of service to the city and transfer his ownership to his handler, Cpl. Kevin Crager. The department requests the Commission approve the City Manager to execute any and all documents related to this item. FISCAL IMPACT: There will be no cost impact to the General Fund; conversely, a positive impact will be realized in the General Fund by accepting these donations since the Police Department will not need to seek a supplemental appropriation for purchasing new animals. There will be no fiscal impact on the city for allowing the K -9 to retire with his handler as the handler has agreed and will assume responsibility of all care and feeding of K -9 Mark. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 13, 2012 PAGE 6 OF 24 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Police Department recommends the Commission approve the acceptance of the generous donations from The Highlands Homeowner's Association and Dr. Jerry Eans, totaling $17,100, for purchase of two new police canines, approve the transfer of ownership of canine "Mark" to Corporal Crager upon the animal's retirement from service with the Police Department, and authorize the City Manager to execute and approve all documents associated with this item. Commissioner Rick Brown spoke of the Highlands Homeowner's Association and stated, "You guys rock! I have got to tell you, what an outstanding display of community service and community spirit coming from the Highland Homeowners Association group. We could not expect more in the way of citizen cooperation and just citizen support of what we do here in the City than what you guys demonstrated this week and thank you so, so much." Furthermore, Commissioner Brown added, "We certainly appreciate you and everybody else on that committee that voted for this. Thank you very much!" Chief of Police Kevin Brunelle, Police Department spoke briefly on this. Dr. Jerry Eans was also complimented for his extraordinary contributions. CONSENT 202. Information Services Department REQUEST: The Information Services Department requests authorization to dispose of surplus assets according to the attached disposition sheets. FISCAL IMPACT: There is no cost to dispose of these surplus assets. The City receives revenue generated from items sold at auction. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 13, 2012 PAGE 7 OF 24 Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission approve the disposition of the attached list of surplus assets. No discussion. CONSENT 203. Office of the City Manager REQUEST: City Manager requesting the Commission approve Resolution 2012 -07 in support of Keeth Elementary School. FISCAL IMPACT: There is no fiscal impact associated with approval of this Resolution. 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 copy of this Resolution wit be forwarded to the Seminole County School Board Chair upon adoption by the Commission. RECOMMENDATION: The City Manager recommends that the City Commission adopt Resolution 2012 -07 in support of Keeth Elementary School. City Manager Kevin L. Smith stated, "As you know, this Resolution in support of Keeth Elementary School was brought forward as a recommendation of Commissioner Krebs." CONSENT 204. Office of the City Clerk REQUEST: Requesting the City Commission Approve the Monday, January 23, 2012 City Commission Regular Meeting Minutes. FISCAL IMPACT: There is no fiscal impact to this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 13, 2012 PAGE 8 OF 24 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, eAlertleCitizen Recipients, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Commission is respectfully requested to Approve the Monday, January 23, 2012 City Commission Regular Meeting Minutes. No discussion. CONSENT 205. Office of the City Clerk REQUEST: Requesting the City Commission Approve the Monday, January 30, 2012 City Commission Workshop Minutes. FISCAL IMPACT: There is no Fiscal Impact to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, eAlertleCitizen Recipients, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Commission is respectfully requested to Approve the Monday, January 30, 2012 City Commission Workshop Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 13, 2012 PAGE 9 OF 24 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mayor Lacey added, "Thank you Commissioner Krebs for pushing that Keeth Resolution." AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Police Department REQUEST: Presentation Of Appreciation To Senor Tequilas For Shop With A Cop. Chief Brunelle presented a plaque to Senor Tequilas Mexican Grill in honor of their assistance with the "Shop with a Cop" event. AWARDS AND PRESENTATIONS 301. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Presentation Of The City's First Quarter Financial Report For The 2012 Fiscal Year. (Quarter Ending December 31, 2011) (This Is Related To Informational Agenda Item `102'.) Mr. Shawn Boyle, Director, Finance and Administrative Services Department presented a brief review and mentioned, "Keep in mind our goal of safety, liquidity, and then return - in that order." Discussion followed with Deputy Mayor Gary Bonner on funds, earnings, and aging. Mr. Boyle closed by noting, "As far as the safety goes, that we're AAA rated on all our investments." AWARDS AND PRESENTATIONS 302. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Presentation Providing The Investment Report For The First Quarter Of Fiscal Year 2012 (Quarter Ending December 31, 2011) As Prepared By PFM Asset Management LLC. (This Is Related To Informational Agenda Item `103'.) Mr. Boyle presented a brief overview on the latest status and spoke of a couple of development projects. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 13, 2012 PAGE 10 OF 24 REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese stated, "For the Record, since I have been reporting on it, you all know that the Florida Housing Finance Corporation did approve the transfer of housing tax credits in the Towne Park matter; so, the Settlement Agreement will be implemented because it's now totally within the hands and control of the parties." Mayor Lacey stated, "Thank you for going up to Tallahassee and shepherding that through Anthony (Garganese)." REPORTS 401. Office Of The City Manager — Kevin L. Smith Manager Smith mentioned a company has been hired to do a Survey on Unit 12/12A and said the price was procured for three thousand two hundred and eighty dollars ($3,280.00). Manager Smith added, "Kudos to Staff for that." Continuing, Manager Smith mentioned that the Report should be in next week and then would be sent to the Mayor and City Commission and the affected homeowners; and suggested that a Workshop date could possibly now be set. Manager Smith added, "When we set that date, we would obviously transmit that date to the affected homeowners in Unit 12, and at that same time in that mailing, include a copy of the Survey." Discussion followed on possible dates for a Workshop. Deputy Mayor Bonner said, "There were some very genuine public safety concerns. I have seen that there is some yellow tape, a cone or two - are we comfortable that we have addressed the public safety concerns that would allow us to wait this long ?" Manager Smith stated, "We believe that we've addressed them via the notification signage and tape and what not." With discussion, Mayor Lacey and Deputy Mayor Bonner suggested the date of March 28 2012. Commissioner Brown said, "That works." Mayor Lacey asked if there were any objections, to which none were noted. Mayor Lacey then offered a start time for this Workshop of 6:00 p.m. Deputy Mayor Bonner agreed with this proposed time. No objections were noted. Next, Manager Smith mentioned that Seminole County Public Schools would be "Ceasing of paying all Stormwater Fees to cities going forward, and/or retroactively." Discussion followed on this and a Case from the Key West, Florida area. Manager Smith noted that this amounts to approximately sixty -nine thousand dollars ($69,000.00) owed to our City and stated, "We intend to look at it and see what options we have." Commissioner Joanne M. Krebs commented that the City of Longwood would be affected by a loss of approximately eight thousand dollars ($8,000.00), and over a hundred thousand dollars to the City of Sanford, and thought this would be a good issue to be addressed by the Mayors and Managers Meeting. Mayor Lacey noted that it was indeed on their next Agenda. Commissioner Krebs added that the City of Longwood would support the cities. Manager Smith spoke of his concern with the equity issue related to this matter. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 13, 2012 PAGE 11 OF 24 Commissioner Brown asked, "What recourse ?" Manager Smith said, "I don't know at this point. But, again, just wanted to advise you all. We intend to look at it and see what options we have." Mayor Lacey commented on the "Retroactiveness of it - as I understand this ruling. It was basically that we are entitled to charge for Stormwater Fees. We just don't have the ability to collect against them because of sovereign immunity — so, if we already have payments in hand for past payments, would there be any mechanism for them to go back and insist on a refund ?" Attorney Garganese commented on the Case and that they can request a refund. Further discussion ensued. Lastly, Manager Smith mentioned his upcoming schedule. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC No Report. REPORTS 403. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs mentioned there was a Hearing tomorrow on Red Light Cameras and mentioned the need for Legislators to be contacted. Commissioner Krebs suggested, "We need to call" and handed out some documents related to this and contact information. Secondly, Commissioner Krebs noted that at January's Tri- County League of Cities Meeting, Commissioner Jo Ann Lucarelli of the City of Lake Mary had asked for support for a Resolution related to anti - stalking and distributed a sample Resolution for consideration. Commissioner Krebs asked if Manager Smith and Attorney Garganese had reviewed this? Manager Smith said they had and added, "It certainly seems like a worthy cause." Commissioner Krebs asked if the Commission would support this with a Resolution. Manager Smith stated, "Commissioners, if that would be your Consensus or direction, I'll be happy to bring back an Agenda Item from Commissioner Krebs at the next meeting." Deputy Mayor Bonner stated, "I support it." Commissioner Brown added, "Me too. Commissioner Cade Resnick nodded in agreement. No objections were voiced. Thirdly, Commissioner Krebs commented on an effort by the current class of Leadership Seminole and mentioned she was bringing this forward on behalf of City of Oviedo Council Member Cindy Drago and Lake Mary's Commissioner Lucarelli and noted that they wanted us to purchase a brick. Commissioner Krebs went on to mention that she was not suggesting City funds be used, but thought that if the Commission all chipped in less than twenty dollars each, a brick could be purchased for the Mayor and City Commission. Commissioner Krebs added, "We will have our names put on it and City of Winter Springs — I will purchase it for us. If you want to participate, that is great. If not, but we're going to have a brick that says `City of Winter Springs'." Mayor Lacey noted there was information on the dais related to this, for each Commissioner. Commissioner Jean Hovey stated, "Count me in." Commissioner Resnick added, "The checks go out to Harvest Time" and mentioned that he or Mr. Boyle can collect the checks, as they are also in the same Leadership Seminole class. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 13, 2012 PAGE 12 OF 24 Next, Commissioner Krebs asked if additional and different messages could be added to the electronic sign. Manager Smith responded, `Be happy to put anything you like out there." Continuing her Report, Commissioner Krebs asked if we could have some Surveys on our Website and that this could be added to the electronic message sign. Further comments followed on Surveys and how they might not be technically scientific. Mayor Lacey also referenced the electronic message sign and said that he had seen, "Every bulb on the sign is lit — on the east facing side; but the west facing side is fine." Commissioner Krebs added, "So we should come up with some new things to put on there." Furthermore, Commissioner Krebs spoke of attending a recent Senior Luncheon and that there was no parking and quite a few people were circling, trying to also find a parking space. Mr. Chris Caldwell, Director, Parks and Recreation Department addressed the City Commission and commented on the scheduling issue and that a few programs had been changed to better accommodate parking for future events. Commissioner Krebs thanked Mr. Caldwell for his assistance with the parking issue. Continuing, Commissioner Krebs agreed with what Commissioner Brown had earlier said regarding the Highlands Homeowner's Association and added, "We have really great community supporters, business supporters and we recognized one today, for what they did for our community and the Police Shop with a Cop. We also recognized an Association for doing that great deed of getting the City a dog which is terrific. Thank you Highlands!" Lastly, Commissioner Krebs added, "We also have a Commissioner up here that has given of himself and his business has done many, many things for this community, and I want to thank him too! Because, any time there is somebody in need and I know just recently, he was asked again if he could help — there was a family that is in need of support and without hesitation — "Just tell me when you want to do it." And so, Commissioner Brown, thank you very much for being that community leader that you are!" REPORTS 404. Office Of The Mayor — The Honorable Charles Lacey Mayor Lacey advised the City Commission that at a recent CALNO (Council of Local Governments in Seminole County) meeting he attended, that CALNO had adopted the Environmental Studies Center and said they were looking into funding possibilities; such that Seminole County may assist with funding, and if so, they would like the cities to participate also. Furthermore, Mayor Lacey noted that Commissioner Krebs had attended a School Board meeting with the County last week, "And there was some discussion of CALNO and the (Mud Walk) Environmental Studies Center there. It was discussed at that meeting that the Chairman of the School Board would be sending a letter to the cities, asking for funding support; but in fact, they are going to work that through CALNO and so sometime here in the near future, we will probably get a request from CALNO to participate in helping to fund the Environmental Studies Center." On a similar note, Mayor Lacey remarked that the City of Altamonte Springs "Is opening up an alternative to the Environmental Studies Center at Lake Lotus which is another hands on scientific experience and they are very proud of that; and they would like to ask Commissioners from any of the cities to come tour their project." Mayor Lacey noted that if anyone was interested to contact the City of Altamonte Springs' City Manager's Office. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — FEBRUARY 13, 2012 PAGE 13 OF 24 Continuing his Report, Mayor Lacey mentioned an upcoming Mayors and Managers meeting and noted that the School Board will be included. Mayor Lacey noted that an item on the Agenda will be the Stormwater Fee collection process as noted earlier tonight; Seminole County Public Schools funding matters for the School Board to consider; and other items related to Seminole County Public Schools. Mayor Lacey added that as always, Commissioners are always welcome at these Mayors and Managers meetings; and the upcoming meeting is being held in Casselberry on Tuesday, February 21 2012 at 11:30 a.m. REPORTS 405. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Hovey commented on the use of a fingerprint scanner used in cars by the Florida Highway Patrol. Secondly, Commissioner Hovey remarked about a comment from a resident that the property at the intersection of State Road 434 and Hayes Road was unappealing. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department addressed the owner's financing and permitting efforts. Thirdly, Commissioner Hovey spoke of a new Dollar General store in Fern Park and asked about the status of the one being planned for Winter Springs. Mr. Stevenson mentioned the current standing of this proposed project. REPORTS 406. Office Of Commissioner Seat Two — The Honorable Rick Brown Tape 1 /Side B Commissioner Brown spoke about a Seminole County Public Schools facility called Journeys Academy which handled troubled youth and which has recently been closed and approximately fifty plus (50 +) students from Journeys Academy have been sent to Winter Springs High School. As a result, this has greatly increased police activity at Winter Springs High School. In light of Journeys Academy being closed, Commissioner Brown suggested that we discuss with Seminole County Public Schools about the additional costs imposed on Winter Springs Police Department and the reasons the school was closed. Continuing, Commissioner Brown suggested that Chief Brunelle was getting some data together and suggested the City Commission ask the City Manager and the Police Chief to provide to them at every meeting, "A list of the crimes that have been committed that they have had to respond to" at Winter Springs High School — "for the period preceding." Commissioner Brown mentioned he would submit the information to the Press. Mayor Lacey noted his support of this. Commissioner Resnick noted that he thought Journeys Academy also had younger students which might also affect Rock Lake Middle School and Indian Trails Middle School. Discussion followed with Chief Brunelle who stated, "I am in the process of trying to get more information and we will provide a report to you." Mayor Lacey stated, "Is there any objection to asking the Manager and the Chief to provide the data for Commissioner Brown's request ?" Deputy Mayor Bonner and Commissioner Resnick said, "No objection." Further discussion related to Seminole County Public Schools followed; to which Commissioner Brown suggested, "I think we need to stand up and we need to start pushing back." Commissioner Krebs agreed and in terms of Commissioner Brown's request for information of the City Manager and the Police Chief, suggested that we also put something together related to "Money for the extra Officer's time." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 13, 2012 PAGE 14 OF 24 Mayor Lacey said to Chief Brunelle, "In the data you can compile, can you give us information for instance along the lines of extra man hours that you have to roll to support the problems that are there ?" Chief Brunelle said, "Sure, I can keep track of all that." Additional comments followed. REPORTS 407. Office Of Commissioner Seat Three/Deputy Mayor - The Honorable Gary Bonner Deputy Mayor Bonner thanked Commissioner Brown for bringing this matter up. Secondly, Deputy Mayor Bonner thanked the Chief and the Honor Guard for their assistance and representation at the funeral of former Commissioner John Ferring and stated, "Thank you Chief. Well done." Next, Deputy Mayor Bonner offered his thanks to Dr. and Mrs. Eans and to the Highlands Homeowners Association for their generous contribution of a new canine. Deputy Mayor Bonner commented on a newspaper article related to a New York based tech firm to set up in Seminole County potentially and phenomenal tax incentives and said he would give the article to the City Manager. Deputy Mayor Bonner added, "This highlights two (2) things for me. One (1) is obviously a very positive economic indicator for growth and investment within our local economy but also calls to question, the opportunity that exists for us here in Winter Springs to pursue candidates of this nature." Deputy Mayor Bonner added, "I look forward in the near future to having an update on our Economic Development initiatives and I know that you have some things that are underway in that area. And I am just curious if this particular case, and I will leave this with you to research if we ever had an opportunity to look at this, or this is one that happened without our knowing." Commissioner Krebs asked more about the K -9 dogs and what now happens. Commissioner Krebs mentioned a friend of hers who is a K -9 Officer from Winter Park and that they sell the canine to the handler for one dollar ($1.00). Chief Brunelle remarked that this was something new that he had become aware of and explained, "I'm in the process of getting ready to send it over to Anthony's (Garganese) office for him to approve it and put it up, and then the City Manager will engage in that signing of the documents." Further comments. REPORTS 408. Office Of Commissioner Seat Four — The Honorable Cade Resnick Commissioner Resnick thanked Mayor Lacey and the other Commissioners who have attended Seminole County Public Schools School Board meetings and related meetings. • Discussion followed on matters related to area schools. Commissioner Resnick spoke further on the brick program for Leadership Seminole and said if anyone individually wanted to buy a brick or collectively, they would appreciate it. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 13, 2012 PAGE 15 OF 24 On a related note, Commissioner Resnick mentioned that a Groundbreaking for the Leadership Seminole Dental Care Center is scheduled for Friday, February 24, 2012 at Harvest Time International at 5:30 p.m.; and that tickets were twenty -five dollars ($25.00) each, and that he would forward information to the City Clerk who could then share it with the City Commission. MOTION TO APPOINT MR. ROBERT CARRIL TO THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER BROWN. DISCUSSION. COMMISSIONER HOVEY NOTED THAT THERE IS STILL ONE (1) OPENING ON THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE, AND ASKED IF IT COULD PERHAPS BE ADDED TO THE CITY'S ELECTRONIC SIGN. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Discussion followed on Seminole County Public Schools and bid information that a resident had researched. PUBLIC INPUT Mr. Arsenio Calle, 110 Arrowhead Court, Winter Springs, Florida: commented about the Unit 12/12A wall and suggested that tax dollars should not be used for one community; thought there might be other options for the homeowners; and that a Contractor might do the work for the bricks. Mr. Calle also appreciated that the Agendas in the Lobby were printed on both sides. Mr. Dan Finley, 669 North Endeavor Drive, Winter Springs, Florida: noted that Keeth Elementary School parents had been advised that the Tuscawilla Homeowners Association would also get involved in their effort to protect Keeth Elementary School; and thanked the Mayor and City Commission as individuals and as a group for their efforts to protect Keeth Elementary School and the community. Commissioner Hovey complimented Mr. Finley on his recent presentation related to Keeth Elementary School. Deputy Mayor Bonner offered his thanks to Mr. Finley for his efforts. Mr. Kevin Cannon, Post Office 3151, Orlando, Florida: representing the Tuscawilla Homeowner's Association, Mr. Cannon said that they were trying to do what they could to support Keeth Elementary School and preserve the community of Winter Springs; and that he was troubled by the news about Journeys Academy. Mr. Cannon mentioned, "Commitment letters went out which is the concurrency requirement for school capacity. If this is not handled correctly, what I see happening is that the Seminole County Public Schools is encroaching on your constitutional and statutory authority to direct the Future Land Use residential Land Use and growth within Winter Springs. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 13, 2012 PAGE 16 OF 24 Because they have existing capacity and they're shutting it down and by doing so, we have a lot of, as of yet undeveloped, but on the near term horizon residential properties within a two (2) mile radius of Keeth (Elementary School) and they have the potential by this action to essentially put like a moratorium in place. Because if the capacity is not there, the concurrency requirement of (Florida Statutes) 163.3180 won't be met. And this is going to have a devastating impact on the future growth and fiscal growth for the city of revenue and ad valorem taxes and this is going to have a devastating impact on the quality of the community; which in turn will have an impact on home values." Continuing, Mr. Cannon commented on Impact Fees, residential growth and potential Economic Development issues. Mr. Cannon said, "I can run the numbers on the Impact Fees which are over three hundred thousand dollars ($300,000.00) of Impact Fees and the Ad Valorem which are recurring revenues every year. I need some help or I am asking the City to look at even one, two, three percent (1, 2, 3 %) diminished values in the City of Winter Springs on a nearly one point six billion dollar ($1,600,000.00) tax base and what that adverse impact is. They want to save less than a million dollars by closing a school and the long term impact is going to be way more than that." Mr. Cannon additionally suggested that property owners /developers should also be facing the School Board on this issue also. Furthermore, Mr. Cannon mentioned his litigation experience and said to Chief Brunelle, "The duty is on the property owner and the operator to provide that security; not your Department." Mr. Cannon added, "If your Officers are injured and the City incurs Worker's Compensation claims, the City has a right of subrogation to get reimbursed that outlay for Worker's Comp[ensation] in any claim that's made." Mr. Cannon added, "You need to ramp up that pressure by demanding that they go out and hire security to make our students safe." Mr. Cannon then spoke about the differing numbers and suggested that the Mayors and Managers group get involved, and regarding the Stormwater Fees Case mentioned earlier this evening, Mr. Cannon noted that we are in a different Court of Appeals, and that this Case may be dissimilar. Further comments followed on the Seminole County Public Schools and Budget information provided to the School Board. Commissioner Brown said he appreciated the comments addressed by Mr. Cannon and stated, "I am a little concerned with hearing some of those things for the first time and I think they have a very deep area of concern for the City in our development, and our growth, and the homes that are being built; and again, I guess I am a little concerned that we haven't taken that position ourselves a lot sooner and worked to protect our interests much more aggressively than what we have from a legal perspective; and from I guess, a communication perspective with the School Board ensuring that we are on legal footing to do so. But I would definitely like to ask the Commission to ask the City Manager and the City Attorney to do whatever is necessary to defend the interests of Winter Springs; to be on the aggressive and on the offense in this matter in making sure that we do absolutely everything which is in our legal power to do so; to back this down and make sure that we get the outcome that we want to get to." Deputy Mayor Bonner added, "I support that." With compliments to Mr. Cannon's sincerity and efforts, Deputy Mayor Bonner remarked, "I concur with Commissioner Brown that we probably need to impose on you Anthony (Garganese) to dig into some of this and help us prepare should the School Board make the ill- advised decision tomorrow to proceed with suspending operations at Keeth Elementary. I suspect we may need to reconvene this body post haste and start to look at what our legal options are as a City to protect our interests from what undoubtedly would be a calamity potentially for the viability of our City, our property values, the impact on our economic viability, our future Economic Development." Deputy Mayor Bonner added, "I share your comments Commissioner Brown. Perhaps we have not done enough." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — FEBRUARY 13, 2012 PAGE 17 OF 24 Tape 2 /Side A Further discussion. Commissioner Brown said, "I am all for going out on the offensive and let's just put this to bed and get out there in the Courts, and the press, whatever we need to do. Let's just make this stop." Commissioner Resnick spoke of his support for this effort. Mayor Lacey closed "Public Input ". PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department - Urban Beautification Services Division REQUEST: The Community Development Department, Arbor Division, asks that the City Commission consider on first reading Ordinance 2011 -16, which proposes text amendments to Chapter 5, Tree Protection and Preservation, as recommended for approval by the Planning and Zoning Board on December 7th, 2011. FISCAL IMPACT: There is no direct fiscal impact associated with the Commission's action on Ordinance 2011 -16. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. This proposed amendment is scheduled to be publicly advertised in the Orlando Sentinel no less than 10 days prior to the second reading on February 27, 2012. Draft Ordinance 2011 -16 was reviewed and approved with modifications by the Planning and Zoning Board on December 7, 2011. The Beautification of Winter Springs Advisory Board has been provided a copy of the draft Ordinance 2011 -16 at their January 3rd, 2012 regular meeting. RECOMMENDATION: Staff is recommending that the City Commission approve the first reading of Ordinance 2011 -16, which proposes text amendments to Chapter 5, Tree Protection and Preservation, as approved by the Planning and Zoning Board on December 7, 2011, and move said Ordinance forward to a second reading. Mayor Lacey asked, "Is there a Motion to read by `Title' only ?' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 13, 2012 PAGE 18 OF 24 "SO MOVED." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2011 -16 by "Title" only. Ms. Stephanie Wolfe, Water Conservation Coordinator, Public Works Department spoke on the Ordinance and stated, "One substantive change is that we are going to allow for trees that are located within ten foot (10') of a structure and they're causing obvious damage or an obvious safety hazard; if the resident chooses to remove that tree, we're not going to require them to have to pay to have it replaced. They will still pay the normal Fee and that hasn't changed." Deputy Mayor Bonner stated that though some similar issues had been brought before the City Commission, "We may have some prior Applicants who would now fall within the ten foot (10') new definition. In my opinion, it would be a courtesy for us to research our records and potentially alert those citizens that their prior case which may not have ruled in their favor in the past, would now be treated differently under this change, were this change to be adopted." Deputy Mayor Bonner said to Manager Smith, "Tree issues are a really big deal in our City; certainly in my District that I serve; so I think it would be a really great gesture if we would check the records and should this be adopted, if we go to bring back and let those citizens know that they now have a course of action that they might previously had not had at their disposal." Commissioner Brown remarked, "I am so happy, on behalf of the citizens to see our Arbor Ordinances getting a little bit more user friendly and a little more in tune with what the request of our community has been. I applaud the effort - thank you!" 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. Mayor Lacey asked, "Is there a Motion to move to Second Reading ?" "MOTION TO MOVE TO SECOND READING." MOTION BY DEPUTY MAYOR BONNER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR LACEY SAID, "MOTION IS TO MOVE 2011 -16 TO A SECOND READING." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- FEBRUARY 13, 2012 PAGE 19 OF 24 PUBLIC HEARINGS 501. Community Development Department REQUEST: Community Development Department requesting the City Commission consider on First Reading Ordinance 2012 -07 establishing local regulations applicable to secondary metals recyclers and other similar non - hazardous recyclers. FISCAL IMPACT: Ordinance 2012 -07 has no direct fiscal impact on the City of Winter Springs. The Ordinance establishes allowable hours of operation for purchase transactions at secondary metal recyclers that would be more flexible than the restricted hours currently proposed by the Florida Legislature. The restricted hours as proposed by the Legislature could have a detrimental fiscal impact on the businesses that conduct secondary metal recycling and the residents that use these services. 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 City Commission move Ordinance 2012 -07 to Second Reading. Mayor Lacey asked, "Motion to read by `Title' only ?" "SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR BONNER. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2012 -07 by "Title" only and commented, "There is currently some pending legislation up in Tallahassee that it would regulate metal recyclers, specifically, there is a proposal to pre -empt local government regulations in this area of the law, and the current draft of the legislation provides that it would not pre -empt an Ordinance or regulation that was originally enacted prior to March 1, 2012. Those Ordinances that were enacted prior to that date could still be amended to meet or exceed the requirements that the legislature is considering in the Statute. One particular requirement addresses hours of operation of these establishments and it would limit the hours of operation to Monday through Friday, 7:00 [a.m.] to 6:00 p.m.; Saturday, 7:00 [a.m.] to 1:00 p.m. and require these establishments to be closed on Sundays." The Staff is proposing Adopting an Ordinance prior to March 1, 2012 to avoid the pre - emption. If Winter Springs were to proceed with this Ordinance, the hours of operation for these establishments would be 7:00 a.m. to 7:00 p.m. The net effect would be the Ordinance would allow twenty -three (23) additional hours for operation in the course of a week, than what's being proposed by the Legislature." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 13, 2012 PAGE 20 OF 24 Discussion. Mayor Lacey opened the "Public Input" portion of the Agenda Item. Mr. Bart Phillips, 212 Morton Lane, Winter Springs, Florida: spoke on this legislation; the proposed Ordinance; and noted that the hours proposed by the Legislature would negatively impact his sales revenues; and that he has been up to Tallahassee assisting with the hour issue. Deputy Mayor Bonner asked Mr. Phillips, "Do you support the hours proposed by Staff in this local Ordinance ?" Mr. Phillips stated, "Yes, I do." Mayor Lacey closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE - FIRST READING." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR BONNER. DISCUSSION. MAYOR LACEY ADDED, "TO APPROVE FIRST READING AND MOVE TO SECOND." VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Office of the City Clerk REQUEST: The City Clerk requests that the City Commission hear a presentation from the Bicycle and Pedestrian Advisory Committee related to their membership, efforts, accomplishments, and any issues they may wish to discuss. (This is an Amended Agenda Item. Previously, this Agenda Item referenced a presentation from the Tuscawilla Lighting and Beautification District Advisory Committee. Item 600 will, in fact, be a presentation from the Bicycle and Pedestrian Advisory Committee, not the Tuscawilla Lighting and Beautification District Advisory Committee.) 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, eAlert/eCitizen Recipients, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 13, 2012 PAGE 21 OF 24 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 Office of the City Clerk has provided information via email and in person regarding the Mayor and City Commission's interest in hearing from the Bicycle and Pedestrian Advisory Committee. The Bicycle and Pedestrian Advisory Committee has also discussed this matter at their recent Special Meeting and have made various arrangements to prepare for this meeting with the Mayor and City Commission. RECOMMENDATION: The City Commission is requested to hear from members of the Bicycle and Pedestrian Advisory Committee and discuss any matters they deem of interest with the Bicycle and Pedestrian Advisory Committee and City Staff, as applicable. Mayor Lacey began this Agenda Item by welcoming the Bicycle and Pedestrian Advisory Committee. The Chairman of this Committee, Chairman Bill Carpenter then introduced the other members also in attendance: Vice Chairman Larry Hartman, Committee Member Gary Brook and Committee Member Kok Wan Mah. Chairman Carpenter reviewed a presentation and spoke on some of their multimodal efforts, including a bicycle route plan; an inventory of all the sidewalks in the City; a list of prioritized list of projects to be included in the City's five (5) year Capital Improvements Plan; replacement of a couple of sidewalk projects; way finding signage for bicycles and pedestrians; and LYNX transit services with a possible connection with SunRail in 2014. Continuing, Chairman Carpenter complimented the cooperation of City Staff and the Mayor and City Commission. Chairman Carpenter then referenced "Bike /Walk Central Florida" which offered a crosswalk safety program in Orlando. Mayor Lacey and Members of the City Commission thanked the Bicycle and Pedestrian Advisory Committee for their efforts. With further comments, Deputy Mayor Bonner asked, "I want to make sure that you feel that you are receiving the proper attention and support from Staff in identifying safety issues. In particular, I want to encourage you to bring those forward so that we can address those safety matters on behalf of our citizens." Committee Member Mah stated, "I think we have great support from City Staff. Brian, (Fields, P.E., City Engineer, Public Works Department, Randy (Stevenson), Bobby (Howell, AICP, Planner, Community Development Department) — all of them have been very instrumental in helping us identify what the priorities are." Committee Member Brook remarked, "I want to say that every idea that we had, Staff really responded to us, gave us full support, and I couldn't be happier. They also organized things in such a way that brought that to our minds. So, it was a mutual kind of support that I was just very, very pleased to see - so, you can be proud of your Staff." Commissioner Brown asked Members of the Committee if they had any ideas about education for skaters and bicyclists in terms of adhering to "Stop" signs along the Cross Seminole Trail. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 13, 2012 PAGE 22 OF 24 Chairman Carpenter suggested, "When we do get the opportunity maybe to do this pedestrian safety — that would be an opportunity we might bring that to you and say, `Here is an opportunity to get people more in tune with what the obligations of the pedestrians and the motorists are, with regard to pedestrian safety. Chairman Carpenter then commented on the merits of Cyclingsavvy.com, which is a local group that offers one of the best cycling courses in the country. Commissioner Hovey asked if the Committee could work with Scouts and Parent - Teachers Associations on safety issues, especially "Stop" signs. Chairman Carpenter agreed that there was a need for this. Deputy Mayor Bonner commented on the electronic message sign and thought that if they had any suggested messages, to advise us. Commissioner Krebs suggested a catch phrase should be considered and then posted on the electronic message sign. Mayor Lacey added that he thought each Board/Committee should provide a catch phrase. Mayor Lacey commented, "Thank you for coming out tonight and your service throughout the year." Commissioners followed with further thanks. REGULAR 601. Office of the City Clerk REQUEST: The City Clerk is requesting the City Commission consider the information in this Agenda Item relative to determining if the City Commission would be interested in recognizing the City's Board and Committee Members (Volunteers) with a Board and Committee Appreciation Event for 2012. FISCAL IMPACT: Costs for this event would primarily come from the "Promotion Expense Appreciation Dinner" Line Code, 1100- 54800- 11002. Currently there is three thousand dollars ($3,000.00) available in the "Commission Promotion Expense - Appreciation Dinner" Line Code for such an event. 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. We have been in touch with 3 local venues who could possibly hold such an event and have tried to obtain suitable quotes for your consideration. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 13, 2012 PAGE 23 OF 24 RECOMMENDATION: The City Commission is requested to decide if they like any of the options noted in this Agenda Item and if so, what is their choice of venue, menu/costs, date, and possible attendees. If 1) is agreed upon, the City Clerk would like to request to be able to spend up to an additional fifty dollars ($50.00) out of the budgeted three thousand dollars ($3,000.00), if necessary, on miscellaneous minor items for this proposed event. City Clerk Andrea Lorenzo - Luaces introduced this Agenda Item for discussion. Deputy Mayor Bonner mentioned, "I must declare a conflict of interest. One of the candidates is a customer of my company, and therefore I will abstain from Voting. Discussion followed. Mayor Lacey suggested that Kee Wee Entertainment District be considered as the venue for this year's Board and Committee Appreciation event with consideration of their bid and that they are new to the City. Commissioner Krebs stated, "I would certainly support that as well." Mayor Lacey inquired about a Consensus for Kee Wee Entertainment District and added, "Is there any objection ?" No objections were voiced. Discussion followed on possible dates for this year's Event. "MOTION FOR MAY 11 (2012) AT KEE WEE (ENTERTAINMENT DISTRICT)." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. CITY CLERK LORENZO - LUACES INQUIRED, "EVERYTHING ELSE IN THE AGENDA ITEM, SIMILAR TO WHAT WE HAVE DONE IN THE PAST, IS THAT OKAY ?" NO OBJECTIONS WERE NOTED. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR BONNER: ABSTAINED MOTION CARRIED. As to the time for this event, it was suggested the time could be 6:30 or 7:00 p.m. and City Clerk Lorenzo - Luaces said, "I will let you know as soon as we've got it set." PUBLIC INPUT No one addressed the Mayor and City Commission at this time. Mayor Lacey closed "Public Input". Lastly, Mayor Lacey mentioned Babe Ruth Baseball Opening Day was set for this Saturday, February 18 2012. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — FEBRUARY 13, 2012 PAGE 24 OF 24 ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 7:31 p.m. RESPECTFULLY SUBMITTED: ��: LORENZO- LUACES, MMC Y ERK APPROVED: d </:- 1VIA • • „volt �•' NOTE: These Minutes were approved at the February 27, 2012 City Commission Regular Meeting. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME - MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Bonner, Gary Page Winter Springs City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 1126 East S.R. 434 WHICH I SERVE IS A UNIT OF: CITY COUNTY A CITY El ['OTHER COUNTY OTHER LOCAL AGENCY Winter Springs Seminole NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED MY POSITION IS: February 13, 2012 0 ELECTIVE Figlitellal v D WHO MUST FILE FORM 8B FEB 2 2 2012 CITY OF WINTER SPRINGS F THE C1TY CLERK This form is for use by any person serving at the county, city, or other local level of govemment on an a litea or electea boa counc commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay dose attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or Toss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) . i1"' E1 V D i 2 2012 APPOINTED OFFICERS (continued) GIT�' <�" bVINTt + " tTY ti( RlGS • OFF4GE OF THE G GI f*1 ERK A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Gary Page Bonner , hereby disclose that on February 13 20 12 (a) A measure came or will come before my agency which (check one) ❑ inured to my special private gain or loss; inured to the special gain or loss of my business associate, • inured to the special gain or loss of my relative, inured to the special gain or loss of Kee Wee Entertainme b whom I am retained; or inured to the special gain or loss of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ITEM 601 - Regular Commission Meeting - February 13, 2012 Vote entailed selection of restaurant from three bids, to host the annual Board & Committee Appreciation Event for 2012. One of the bidding restaurants was Kee Wee Entertainment, a client of my marketing company imediaReach. I therefore declared a conflict of interest and abstained from voting. Z 7//d/ Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2