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HomeMy WebLinkAbout2012 04 23 Consent 206 Requesting Approval of City Commision Regular Meeting of April 9 2012COMMISSION AGENDA ITEM 206 Apri123, 2012 Regular Meeting Informational Consent X Public Hearings Regular City Manager ALLL Department REQUEST: Requesting the City Commission Approve the Monday, April 9, 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, April 9, 2012 City Commission Regular Meeting. As noted in the Minutes, the Deputy City Clerk actually attended this Regular Meeting of the City Commission and did the initial Minutes. The City Clerk then listened to the entire audio from this Regular Meeting and then reviewed and revised the attached Minutes which are being submitted to the City Commission for consideration. Consent 206 PAGE 1 OF 2 - April 23, 2012 These Minutes are being submitted by the City Clerk and the Deputy City Clerk, (with proofing by both). 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 Monday, April 9, 2012 City Commission Regular Meeting Minutes. ATTACHMENTS: A - Monday, April 9, 2012 City Commission Regular Meeting Minutes Consent 206 PAGE 2 OF 2 - April 23, 2012 ATTACHMENT VAT CITY OF WINTER SPRINGS, FLORIDA Pincs S Incorporated 1959 . I` QR %O CITY COMMISSION MINUTES REGULAR MEETING MONDAY, APRIL 9, 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 - APRIL 9, 2012 PAGE 2 OF 13 CALL TO ORDER The Regular Meeting of Monday, April 9, 2012 of the City Commission was called to Order by Deputy Mayor Gary Bonner at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor Charles Lacey, absent 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, absent Deputy City Clerk Joan L. Brown, 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. Rif y There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — APRIL 9, 2012 PAGE 3 OF 13 INFORMATIONAL 101. Public Works Department REQUEST: Public Works Department Updating the City Commission on the Status of the Cross Seminole Trail missing link and the Impact on Magnolia Park Construction. 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. INFORMATIONAL 102. Community Development Department REQUEST: The Community Development Department, Planning Division, is informing the City Commission of the nominations of the re -write of the adopted Town Center District Code for several state and national awards. FISCAL IMPACT: There are no fiscal impacts associated with this report. 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. €r_3 n¢axr�A CITY OF WINTER SP RINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE 4 OF 13 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. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CONSENT AGENDA CONSENT 200. Police Department REQUEST: The Police Department requests the Commission accept a donation for the purchase of covert phone system called CALLYO totaling $1,100. The donation is being provided from Jacob Wood, owner of Elite Options. 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 this donation since the Police Department will not need to utilize General Fund dollars for purchase of this investigative tool. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Police Department recommends the Commission approve the acceptance of the donation from Jacob Wood, owner of Elite Options, totaling $1,100 for the purchase of the investigative tool "CALLYO ", and authorize the City Manager to execute and approve all documents associated with this item. This Agenda Item was not discussed. CONSENT 201. Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting the City Commission to accept the proposal of Creative Pyrotechnics and authorize the City Manager and City Attorney to prepare and execute an agreement with the approved proposal for a fireworks display on July 4, 2012. �PL�wmum�/9 AwE- 1 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE 5 OF 13 FISCAL IMPACT: Budgeted Amount - $10,000 Acct. # 001 - 54800 -90100 — July 4th. (Our goal is to have this entire amount, $10,000 covered by Sponsorships) COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Parks and Recreation Department is recommending the City Commission to accept the proposal of Creative Pyrotechnics and authorize the City Manager and City Attorney to prepare and execute an agreement with the approved proposal for a fireworks display on July 4, 2012. No discussion. 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. 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. ^Sf r� There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE 6 OF 13 CONSENT 203. Public Works Department REQUEST: Public Works Department Requesting the City Commission Approve a One Year Extension to the Magnolia Park Final Engineering and Aesthetic Review Plans. FISCAL IMPACT: There is no fiscal impact to extending the final engineering and aesthetic review approval. The Magnolia Park Amphitheater projected is budgeted at $1.2M. 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 extend the final engineering and aesthetic review approvals for the Magnolia Park Amphitheater for an additional one year period. No discussion. CONSENT 204. Not Used CONSENT 205. Office of the City Clerk REQUEST: Requesting the City Commission Approve the March 26, 2012 City Commission Regular Meeting Minutes. ": FISCAL IMPACT: There is no specific Fiscal Impact to this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE 7 OF 13 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 March 26, 2012 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager — Kevin L. Smith No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE 8 OF 13 REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC Deputy City Clerk Joan Brown had no Report. REPORTS 403. Commissioner Seat Three/Deputy Mayor - The Honorable Gary Bonner Deputy Mayor Bonner thanked the Parks and Recreation Department and stated "Brian Dunigan (Recreation and Special Events Coordinator, Parks and Recreation Department and his Staff did a terrific job for the holiday event, the Easter Egg Hunt at Trotwood Park. It was a really nice event." Deputy Mayor Bonner added, "The Sponsors were generous in their support, so a nice event for our community." REPORTS 404. Office Of Commissioner Seat Four - The Honorable Cade Resnick Commissioner Cade Resnick also echoed the kudos that Deputy Mayor Bonner had for the Parks and Recreation Department and the Easter Egg Hunt at Trotwood Park. REPORTS 405. Office Of Commissioner Seat Five - The Honorable Joanne M. Krebs Commissioner Joanne M. Krebs commented about the Policy related to absenteeism for our Advisory Boards and Committees and the difference from how Florida Statutes governs Code Enforcement Board attendance, and asked if the City Commission could reconsider the attendance requirements for the City's Advisory Boards and Committees. Commissioner Krebs added, "I think we probably need to be at least in line how the State would see It." City Attorney Anthony A. Garganese commented on a provision for `Excused Absences' for Advisory Board and Committee Members; to which Commissioner Krebs recommended, "Maybe you could look into it and then maybe we could have the City Manager or you bring something back so that we can address that." Attorney Garganese remarked, "The Florida Statutes does provide that the Chairman of the Code (Enforcement) Board can grant `Excused' absences..." Commissioner Krebs stated, "...Correct." Attorney Garganese stated, "I'll be happy to look at that issue if that's what the Commission wants." ROW City Manager Kevin L. Smith commented, "There's some things I'd like to look on that also; so, if you could afford us an opportunity for Staff and Anthony ( Garganese) to get together on this, we'll be happy to bring it back to you, if that's your pleasure." Commissioner Krebs remarked, "Appreciate that." No objections were voiced. Deputy Mayor Bonner summarized, "Consensus for you to do so Manager." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE 9 OF 13 REPORTS 406. Office Of The Mayor - The Honorable Charles Lacey Absent. REPORTS 407. Office Of Commissioner Seat One - The Honorable Jean Hovey Commissioner Jean Hovey mentioned that she had attended last weeks Council of Local Governments in Seminole County (CALNO) Meeting and that four (4) out of the seven (7) cities were not in favor of providing F� money to the (Mud Walk) Environmental Studies Center. Commissioner Hovey added that Seminole State College is looking at the possibility of this being a classroom for them which would then permit them to giver some funds towards that program. Discussion at last week's Council of Local Governments in Seminole County (CALNO) meeting also included a proposed Train Station and related funding, and downtown development efforts for the City of Longwood. Next, Commissioner Hovey advised the City Commission about interviews for the Seminole County Public Schools final three (3) Superintendent Candidates next Monday, April 16, 2012. The PTA (Parent- Teachers Association) will be attending there and if anyone has any questions to ask the Candidates, they can email Commissioner Hovey. Next, Commissioner Hovey referenced a recent cell phone statement and specifically the "Taxes, Government Surcharges and Fees" — "Winter Springs Communication Service Tax ". Manager Smith explained this money is used for "Discretionary General Fund dollars" - to pay for services such as Police, Parks, and Recreation, etc." Further discussion followed. REPORTS 408. Office Of Commissioner Seat Two - The Honorable Rick Brown Commissioner Rick Brown spoke of his schedule. PUBLIC INPUT Mr. Kevin Gilliam, 216 Williams Road, Winter Springs, Florida: mentioned that he lives on a pond that faces Fisher Road and Williams Road and on his side of the pond, it is very shallow and filled with weeds and muck; and asked if he could remove the muck from the pond, behind his house and develop a plan to control the muck. Mr. Gilliam added, "I won't haul it off and I won't use heavy equipment - apparently there's some legal liability with that. I'm willing to sign a Waiver or if the City will come with some people to remove the muck, I'll be happy to pay for that as well. So, either way is acceptable to me." Commissioner Krebs stated that she had visited this property, at Mr. Gilliam's request, with Manager Smith, Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Departments, and Mr. Brian Fields, P.E., City Engineer, Public Works Department. CITY OF WINTER S PRIN GS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE 10 OF 13 Manager Smith commented that, "We do have a Pond Maintenance Program for this pond, and all our City ponds. That program is a program that we've developed with the expertise of our Staff, and through communication via a Survey with the affected property owners in Mr. Gilliam's neighborhood." Continuing, Manager Smith noted, "The plan that we have instituted and maintained is consistent with the plan that we have and the feedback that we've gotten from the majority of our residents; and secondly, it's somewhat problematic when we have private citizens or anything other than a City vendor doing work on our City taxpayer property - so, that's a difficult obstacle for me to overcome at this point; for me to allow Mr. Gilliam to proceed as he would like to. And we're trying to certainly protect the best interest of the taxpayers. Now opposite of that, I also want to make sure that we don't do anything to infringe on any rights that Mr. Gilliam may have as a° citizen and a property owner." Manager Smith then added, "The City Attorney's Office, Anthony (Garganese) and his Staff are researching that issue as we speak, and I understand that this is a time sensitive matter in talking with Mr. Gilliam and I ' understand that, but I can't advise you short of having all that data." p2 Attorney Garganese stated, "I've been working with Staff for a little over a week right now. There are some Real Estate issues, Title issues that we want to take a look at to make sure that what the City does is the proper course of action and I've requested some Title work. This is a very old Plat, it goes back to 1958 which preceded the Incorporation of the City. I should get that Title work back probably within the week; at which point I will work with Staff and continue evaluating the issue." Commissioner Brown asked, "So, we will be ready for the next meeting to get something back to us ?" Manager Smith stated, "Assuming you all want this to come back to you? What I mean by that is - typically, we try to work through these type of issues at the Staff level following the directives and the policies you all have laid out." Manager Smith added, "At this point in time, again, based on the information I have and for the reasons of trying to be consistent with what all the property owners want and the liability issues, I have to say `No'. But, we still have an outstanding issue relative to what rights - Mr. Gilliam may have as a private property owner that Anthony (Garganese) is researching." Commissioner Brown then asked, "Timing wise, when can Mr. Gilliam expect to hear back from you ?" Attorney Garganese replied, "It all depends - I just need to get the Title information back. It's possible that we might be prepared in two (2) weeks from this evening." Commissioner Brown mentioned, "It doesn't have to come back to us, just something that Mr. Gilliam can be comfortable with that somebody would be back in touch with him." Manager Smith stated, "Certainly. We have been in contact and been in touch." Deputy Mayor Bonner summarized to Mr. Gilliam, "What I hear our Manager is telling me and the Attorney is that there is some additional research that is taking place on Title issues and so on; in order to get all the facts together. And then, this is certainly an item that would normally be within the charge of the City Manager for operating our City; and he will bring those facts within approximately a two (2) week timeframe; as soon as they are available, back to your direct attention to share that information directly with you about your concern; and then at that time, you would be making a decision, if that was satisfactory to the outcome of your goal, or if you wanted to readdress it and bring forward this matter again to this body, the Commission. Absent that, the Manager will exercise his authority as the Manager to resolve the matter to the extent that he is able to your satisfaction and to the satisfaction of the goals of the City." Ms. Avery Smith, 201 Arrowhead Court, Winter Springs, Florida: as a resident and an Estate Attorney, Ms. Smith commented about some information she found related to the Tuscawilla Wall, Units 12/12A. Ms. Smith mentioned a recorded Plat that had been surveyed and accepted by the Clerk of the Court as a platted subdivision and did not understand why citizens could ask the City Commission for assistance when they were charged with this via the documents she was referencing. Ms. Smith offered to donate her time, and noted that the Survey was based on one individual's opinion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE I 1 OF 13 Commissioner Brown said to Attorney Garganese, "What have your discoveries found relative to what Ms. Smith brought up ?" Attorney Garganese addressed this matter and said that the City Commission can leave the Unit 12/12A Wall in the right -of -way or perhaps could obtain another opinion on the Survey. Commissioner Brown said, "It sounds like Ms. Smith is saying that the original documents show that Wall being on the individual properties and that it is the individual..." Attorney Garganese commented, "...I haven't seen that particular document." Continuing,' Attorney Garganese remarked, "It would be interesting to see an original document or original Survey that shows:' the location of the Wall. We don't have that information to examine." e Commissioner Resnick mentioned, "Would that make us the Guarantor of that Wall ?" Attorney Garganese commented, "The Commission could decide that if the Wall was clearly in the right -of -way, it needs to come down and be demolished. So ou're not guaranteeing the future maintenance of the Wall. There's been some nt Y g g �;.�...� discussion regarding if the Wall was going to be maintained, that the City would then specially assess the property owners who would then be responsible for paying." r Continuing, Commissioner Resnick then said to Attorney Garganese, "My question to you, which maybe you can answer at a later time is the term "Guarantor"; so, if we can answer that at some point — with that Special Assessment, are we the Guarantor of that Wall, or is it 12 and 12AT' Attorney Garganese remarked, "It would be like the TLBD (Tuscawilla Lighting and Beautification District) improvements. Where the City has agreed to take on that obligation and assess the property owners for the cost of that obligation. Whatever that cost would be in the future and that was the discussion that the Commission was having about setting up that type of Assessment program. Special Assessment programs can be terminated by law. They're not absolute. But once you take on an obligation like that, you're going to obviously have practical difficulties with terminating it. It'll have some ramifications on, in this case the subdivision and TLBD (Tuscawilla Lighting and Beautification District), and the TLBD (Tuscawilla Lighting and Beautification District) in general for everyone." Commissioner Krebs stated, "If Avery (Smith) had additional information that we did not have and that perhaps you could take a look at it and maybe, there is some meaningful information there that we need to know that would help us make our decision as well." Ms. Smith commented, "I actually talked to unit owners. They have their original surveys, many of them and they also have their title policies." Continuing, Ms. Smith stated, "You have a Developer who put forth a plan; you have a Plat that was recorded in the public records that clearly delineated the Fence Easement. You have restricted Covenants, that envision a wall, and you have maintenance being charged to the owner. No where is the City being asked to co -sign or to guarantee or to affirm any of this. So, I think for spending City funds for this purpose, is not a good idea." Deputy Mayor Bonner remarked to Ms. Smith, "I am sure that any information that you have uncovered, the Attorney would be delighted to have the benefit of that." Ms. Smith stated, "Absolutely. Thanks." Next, Commissioner Brown commented, "I was just going to suggest the same thing. I think that by Consensus, maybe we should ask our City Attorney and our City Manager to review the information that Avery (Smith) has - because it sounds like if everybody concurs that we may not be on the hook for any of it, which would be an interesting turn of events I would like to investigate." Commissioner Krebs stated, "I agree with you." Commissioner Hovey commented, "I agree." Deputy Mayor Bonner then added, "Sounds like a Consensus there. Mr. Manager and Mr. Attorney, if you don't mind looking at perhaps this new information." Lastly, Commissioner Brown mentioned, "And by full disclosure, I do have a meeting set up with Avery (Smith) on Wednesday evening; so we will be talking about this some more; because she had called me and asked me have a look at it as well." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE 12 OF 13 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Not Used REGULAR AGENDA 6� acarxw e REGULAR ,y,e 600. Office of the City Attorney REQUEST: z, 3 The City Attorney is requesting that the City Commission consider approving a Settlement Agreement and Release of All Claims between the City and Lexon Insurance Company related to the Surety Bonds that were provided for the Jesup's Landing project by the previous developer, Levitt & Sons of Seminole County, LLC. Ic FISCAL IMPACT: If the City Commission approves the Settlement Agreement, the City will receive settlement proceeds in the amount of $30,000. On the other hand, if the City Commission rejects the settlement, the City may have to expend attorney's fees and costs in the event the City decides to pursue future claims under the bonds. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Attorney and City Manager recommend that the City Commission approve the Settlement Agreement and accept the $30,000. Attorney Garganese stated, "This item involves a `Possible' future Claim that the City may have against Lexon Insurance regarding the Surety Bonds involving Jesup's Landing. The Surety company has offered thirty thousand dollars ($30,000.00) for release of any rights the City may have with respect to `Any' future Claim, and I emphasize `Any' and `Possible'. So, the Insurance Company has gone ahead and executed the Settlement Agreement. It's deposited thirty thousand dollars ($30,000.00) in my firm's Trust Account and the Manager and I are recommending that you consider the Settlement Agreement and Approve." "MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — APRIL 9, 2012 PAGE 13 OF 13 VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR BONNER: AYE MOTION CARRIED. PUBLIC INPUT No one from the audience addressed the City Commission at this time. Lastly, Commissioner Resnick acknowledged that some of his students were in attendance this evening. Members of the City Commission welcomed the students and mentioned that they hoped they would attend again, at another time. ADJOURNMENT Deputy Mayor Bonner adjourned the Regular Meeting at 5:50 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO -L UACES, MMC, CITY CLERK AND JOAN L. BROWN DEPUTY CITY CLERK APPROVED: 1uRVL6]X41 I IFA:SIl11.YI1eTe]W1 NOTE: These Minutes were approved at the 1 2012 City Commission Regular Meeting. CITY OF WINTER SPRINGS FLORIDA 4 0NTet i , s •o 0 ff vi Incorporate 1959 it% `OR`O 1"" CITY COMMISSION MINUTES REGULAR MEETING MONDAY, APRIL 9, 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 - APRIL 9, 2012 PAGE 2 OF 13 CALL TO ORDER The Regular Meeting of Monday, April 9, 2012 of the City Commission was called to Order by Deputy Mayor Gary Bonner at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor Charles Lacey, absent 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, absent Deputy City Clerk Joan L. Brown, 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. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING APRIL 9, 2012 PAGE 3 OF 13 INFORMATIONAL 101. Public Works Department REQUEST: Public Works Department Updating the City Commission on the Status of the Cross Seminole Trail missing link and the Impact on Magnolia Park Construction. 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. INFORMATIONAL 102. Community Development Department REQUEST: The Community Development Department, Planning Division, is informing the City Commission of the nominations of the re -write of the adopted Town Center District Code for several state and national awards. FISCAL IMPACT: There are no fiscal impacts associated with this report. 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 - APRIL 9, 2012 PAGE 4 OF 13 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. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CONSENT AGENDA CONSENT 200. Police Department REQUEST: The Police Department requests the Commission accept a donation for the purchase of covert phone system called CALLYO totaling $1,100. The donation is being provided from Jacob Wood, owner of Elite Options. 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 this donation since the Police Department will not need to utilize General Fund dollars for purchase of this investigative tool. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media /Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Police Department recommends the Commission approve the acceptance of the donation from Jacob Wood, owner of Elite Options, totaling $1,100 for the purchase of the investigative tool "CALLYO ", and authorize the City Manager to execute and approve all documents associated with this item. This Agenda Item was not discussed. CONSENT 201. Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting the City Commission to accept the proposal of Creative Pyrotechnics and authorize the City Manager and City Attorney to prepare and execute an agreement with the approved proposal for a fireworks display on July 4, 2012. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE 5 OF 13 FISCAL IMPACT: Budgeted Amount - $10,000 Acct. # 001 -54800 -90100 — July 4th. (Our goal is to have this entire amount, $10,000 covered by Sponsorships) COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media /Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Parks and Recreation Department is recommending the City Commission to accept the proposal of Creative Pyrotechnics and authorize the City Manager and City Attorney to prepare and execute an agreement with the approved proposal for a fireworks display on July 4, 2012. No discussion. 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. 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. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE 6 OF 13 CONSENT 203. Public Works Department REQUEST: Public Works Department Requesting the City Commission Approve a One Year Extension to the Magnolia Park Final Engineering and Aesthetic Review Plans. FISCAL IMPACT: There is no fiscal impact to extending the final engineering and aesthetic review approval. The Magnolia Park Amphitheater projected is budgeted at $1.2M. 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 extend the final engineering and aesthetic review approvals for the Magnolia Park Amphitheater for an additional one year period. No discussion. CONSENT 204. Not Used CONSENT 205. Office of the City Clerk REQUEST: Requesting the City Commission Approve the March 26, 2012 City Commission Regular Meeting Minutes. FISCAL IMPACT: There is no specific Fiscal Impact to this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE 7 OF 13 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 March 26, 2012 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager — Kevin L. Smith No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE 8 OF 13 REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC Deputy City Clerk Joan Brown had no Report. REPORTS 403. Commissioner Seat Three /Deputy Mayor - The Honorable Gary Bonner Deputy Mayor Bonner thanked the Parks and Recreation Department and stated "Brian Dunigan (Recreation and Special Events Coordinator, Parks and Recreation Department and his Staff did a terrific job for the holiday event, the Easter Egg Hunt at Trotwood Park. It was a really nice event." Deputy Mayor Bonner added, "The Sponsors were generous in their support, so a nice event for our community." REPORTS 404. Office Of Commissioner Seat Four - The Honorable Cade Resnick Commissioner Cade Resnick also echoed the kudos that Deputy Mayor Bonner had for the Parks and Recreation Department and the Easter Egg Hunt at Trotwood Park. REPORTS 405. Office Of Commissioner Seat Five - The Honorable Joanne M. Krebs Commissioner Joanne M. Krebs commented about the Policy related to absenteeism for our Advisory Boards and Committees and the difference from how Florida Statutes governs Code Enforcement Board attendance, and asked if the City Commission could reconsider the attendance requirements for the City's Advisory Boards and Committees. Commissioner Krebs added, "I think we probably need to be at least in line how the State would see it." City Attorney Anthony A. Garganese commented on a provision for `Excused Absences' for Advisory Board and Committee Members; to which Commissioner Krebs recommended, "Maybe you could look into it and then maybe we could have the City Manager or you bring something back so that we can address that." Attorney Garganese remarked, "The Florida Statutes does provide that the Chairman of the Code (Enforcement) Board can grant `Excused' absences..." Commissioner Krebs stated, "...Correct." Attorney Garganese stated, "I'll be happy to look at that issue if that's what the Commission wants." City Manager Kevin L. Smith commented, "There's some things I'd like to look on that also; so, if you could afford us an opportunity for Staff and Anthony (Garganese) to get together on this, we'll be happy to bring it back to you, if that's your pleasure." Commissioner Krebs remarked, "Appreciate that." No objections were voiced. Deputy Mayor Bonner summarized, "Consensus for you to do so Manager." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING APRIL 9, 2012 PAGE 9 OF 13 REPORTS 406. Office Of The Mayor - The Honorable Charles Lacey Absent. REPORTS 407. Office Of Commissioner Seat One - The Honorable Jean Hovey Commissioner Jean Hovey mentioned that she had attended last week's Council of Local Governments in Seminole County (CALNO) Meeting and that four (4) out of the seven (7) cities were not in favor of providing money to the (Mud Walk) Environmental Studies Center. Commissioner Hovey added that Seminole State College is looking at the possibility of this being a classroom for them which would then permit them to give some funds towards that program. Discussion at last week's Council of Local Governments in Seminole County (CALNO) meeting also included a proposed Train Station and related funding, and downtown development efforts for the City of Longwood. Next, Commissioner Hovey advised the City Commission about interviews for the Seminole County Public Schools final three (3) Superintendent Candidates next Monday, April 16, 2012. The PTA (Parent- Teachers Association) will be attending there and if anyone has any questions to ask the Candidates, they can email Commissioner Hovey. Next, Commissioner Hovey referenced a recent cell phone statement and specifically the "Taxes, Government Surcharges and Fees" — "Winter Springs Communication Service Tax ". Manager Smith explained this money is used for "Discretionary General Fund dollars" - to pay for services such as Police, Parks, and Recreation, etc." Further discussion followed. REPORTS 408. Office Of Commissioner Seat Two - The Honorable Rick Brown Commissioner Rick Brown spoke of his schedule. PUBLIC INPUT Mr. Kevin Gilliam, 216 Williams Road, Winter Springs, Florida: mentioned that he lives on a pond that faces Fisher Road and Williams Road and on his side of the pond, it is very shallow and filled with weeds and muck; and asked if he could remove the muck from the pond, behind his house and develop a plan to control the muck. Mr. Gilliam added, "I won't haul it off and I won't use heavy equipment - apparently there's some legal liability with that. I'm willing to sign a Waiver or if the City will come with some people to remove the muck, I'll be happy to pay for that as well. So, either way is acceptable to me." Commissioner Krebs stated that she had visited this property, at Mr. Gilliam's request, with Manager Smith, Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Departments, and Mr. Brian Fields, P.E., City Engineer, Public Works Department. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE 10 OF 13 Manager Smith commented that, "We do have a Pond Maintenance Program for this pond, and all our City ponds. That program is a program that we've developed with the expertise of our Staff, and through communication via a Survey with the affected property owners in Mr. Gilliam's neighborhood." Continuing, Manager Smith noted, "The plan that we have instituted and maintained is consistent with the plan that we have and the feedback that we've gotten from the majority of our residents; and secondly, it's somewhat problematic when we have private citizens or anything other than a City vendor doing work on our City taxpayer property - so, that's a difficult obstacle for me to overcome at this point; for me to allow Mr. Gilliam to proceed as he would like to. And we're trying to certainly protect the best interest of the taxpayers. Now opposite of that, I also want to make sure that we don't do anything to infringe on any rights that Mr. Gilliam may have as a citizen and a property owner." Manager Smith then added, "The City Attorney's Office, Anthony (Garganese) and his Staff are researching that issue as we speak, and I understand that this is a time sensitive matter in talking with Mr. Gilliam and I understand that, but I can't advise you short of having all that data." Attorney Garganese stated, "I've been working with Staff for a little over a week right now. There are some Real Estate issues, Title issues that we want to take a look at to make sure that what the City does is the proper course of action and I've requested some Title work. This is a very old Plat, it goes back to 1958 which preceded the Incorporation of the City. I should get that Title work back probably within the week; at which point I will work with Staff and continue evaluating the issue." Commissioner Brown asked, "So, we will be ready for the next meeting to get something back to us ?" Manager Smith stated, "Assuming you all want this to come back to you? What I mean by that is - typically, we try to work through these type of issues at the Staff level following the directives and the policies you all have laid out." Manager Smith added, "At this point in time, again, based on the information I have and for the reasons of trying to be consistent with what all the property owners want and the liability issues, I have to say `No'. But, we still have an outstanding issue relative to what rights - Mr. Gilliam may have as a private property owner that Anthony (Garganese) is researching." Commissioner Brown then asked, "Timing wise, when can Mr. Gilliam expect to hear back from you ?" Attorney Garganese replied, "It all depends - I just need to get the Title information back. It's possible that we might be prepared in two (2) weeks from this evening." Commissioner Brown mentioned, "It doesn't have to come back to us, just something that Mr. Gilliam can be comfortable with that somebody would be back in touch with him." Manager Smith stated, "Certainly. We have been in contact and been in touch." Deputy Mayor Bonner summarized to Mr. Gilliam, "What I hear our Manager is telling me and the Attorney is that there is some additional research that is taking place on Title issues and so on; in order to get all the facts together. And then, this is certainly an item that would normally be within the charge of the City Manager for operating our City; and he will bring those facts within approximately a two (2) week timeframe; as soon as they are available, back to your direct attention to share that information directly with you about your concern; and then at that time, you would be making a decision, if that was satisfactory to the outcome of your goal, or if you wanted to readdress it and bring forward this matter again to this body, the Commission. Absent that, the Manager will exercise his authority as the Manager to resolve the matter to the extent that he is able to your satisfaction and to the satisfaction of the goals of the City." Ms. Avery Smith, 201 Arrowhead Court, Winter Springs, Florida: as a resident and an Estate Attorney, Ms. Smith commented about some information she found related to the Tuscawilla Wall, Units 12/12A. Ms. Smith mentioned a recorded Plat that had been surveyed and accepted by the Clerk of the Court as a platted subdivision and did not understand why citizens could ask the City Commission for assistance when they were charged with this via the documents she was referencing. Ms. Smith offered to donate her time, and noted that the Survey was based on one individual's opinion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE 11 OF 13 Commissioner Brown said to Attorney Garganese, "What have your discoveries found relative to what Ms. Smith brought up ?" Attorney Garganese addressed this matter and said that the City Commission can leave the Unit 12/12A Wall in the right -of -way or perhaps could obtain another opinion on the Survey. Commissioner Brown said, "It sounds like Ms. Smith is saying that the original documents show that Wall being on the individual properties and that it is the individual..." Attorney Garganese commented, "...I haven't seen that particular document." Continuing, Attorney Garganese remarked, "It would be interesting to see an original document or original Survey that shows the location of the Wall. We don't have that information to examine." Commissioner Resnick mentioned, "Would that make us the Guarantor of that Wall ?" Attorney Garganese commented, "The Commission could decide that if the Wall was clearly in the right -of -way, it needs to come down and be demolished. So, you're not guaranteeing the future maintenance of the Wall. There's been some discussion regarding if the Wall was going to be maintained, that the City would then specially assess the property owners who would then be responsible for paying." Continuing, Commissioner Resnick then said to Attorney Garganese, "My question to you, which maybe you can answer at a later time is the term "Guarantor"; so, if we can answer that at some point — with that Special Assessment, are we the Guarantor of that Wall, or is it 12 and 12A ?" Attorney Garganese remarked, "It would be like the TLBD (Tuscawilla Lighting and Beautification District) improvements. Where the City has agreed to take on that obligation and assess the property owners for the cost of that obligation. Whatever that cost would be in the future and that was the discussion that the Commission was having about setting up that type of Assessment program. Special Assessment programs can be terminated by law. They're not absolute. But once you take on an obligation like that, you're going to obviously have practical difficulties with terminating it. It'll have some ramifications on, in this case the subdivision and TLBD (Tuscawilla Lighting and Beautification District), and the TLBD (Tuscawilla Lighting and Beautification District) in general for everyone." Commissioner Krebs stated, "If Avery (Smith) had additional information that we did not have and that perhaps you could take a look at it and maybe, there is some meaningful information there that we need to know that would help us make our decision as well." Ms. Smith commented, "I actually talked to unit owners. They have their original surveys, many of them and they also have their title policies." Continuing, Ms. Smith stated, "You have a Developer who put forth a plan; you have a Plat that was recorded in the public records that clearly delineated the Fence Easement. You have restricted Covenants, that envision a wall, and you have maintenance being charged to the owner. No where is the City being asked to co -sign or to guarantee or to affirm any of this. So, I think for spending City funds for this purpose, is not a good idea." Deputy Mayor Bonner remarked to Ms. Smith, "I am sure that any information that you have uncovered, the Attorney would be delighted to have the benefit of that." Ms. Smith stated, "Absolutely. Thanks." Next, Commissioner Brown commented, "I was just going to suggest the same thing. I think that by Consensus, maybe we should ask our City Attorney and our City Manager to review the information that Avery (Smith) has - because it sounds like if everybody concurs that we may not be on the hook for any of it, which would be an interesting turn of events I would like to investigate." Commissioner Krebs stated, "I agree with you." Commissioner Hovey commented, "I agree." Deputy Mayor Bonner then added, "Sounds like a Consensus there. Mr. Manager and Mr. Attorney, if you don't mind looking at perhaps this new information." Lastly, Commissioner Brown mentioned, "And by full disclosure, I do have a meeting set up with Avery (Smith) on Wednesday evening; so we will be talking about this some more; because she had called me and asked me have a look at it as well." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE 12 OF 13 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Not Used REGULAR AGENDA REGULAR 600. Office of the City Attorney REQUEST: The City Attorney is requesting that the City Commission consider approving a Settlement Agreement and Release of All Claims between the City and Lexon Insurance Company related to the Surety Bonds that were provided for the Jesup's Landing project by the previous developer, Levitt & Sons of Seminole County, LLC. FISCAL IMPACT: If the City Commission approves the Settlement Agreement, the City will receive settlement proceeds in the amount of $30,000. On the other hand, if the City Commission rejects the settlement, the City may have to expend attorney's fees and costs in the event the City decides to pursue future claims under the bonds. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations /Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Attorney and City Manager recommend that the City Commission approve the Settlement Agreement and accept the $30,000. Attorney Garganese stated, "This item involves a `Possible' future Claim that the City may have against Lexon Insurance regarding the Surety Bonds involving Jesup's Landing. The Surety company has offered thirty thousand dollars ($30,000.00) for release of any rights the City may have with respect to `Any' future Claim, and I emphasize `Any' and `Possible'. So, the Insurance Company has gone ahead and executed the Settlement Agreement. It's deposited thirty thousand dollars ($30,000.00) in my firm's Trust Account and the Manager and I are recommending that you consider the Settlement Agreement and Approve." "MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — APRIL 9, 2012 PAGE 13 OF 13 VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR BONNER: AYE MOTION CARRIED. PUBLIC INPUT No one from the audience addressed the City Commission at this time. Lastly, Commissioner Resnick acknowledged that some of his students were in attendance this evening. Members of the City Commission welcomed the students and mentioned that they hoped they would attend again, at another time. ADJOURNMENT Deputy Mayor Bonner adjourned the Regular Meeting at 5:50 p.m. RESPECTFULLY SUBMITTED: ANA ' LORENZO- LUACES, MMC, CITY CLERK AND e $ I__��T7�T 7 OVV1V D . 'UTY CITY CLERK APPROVED: / 7 --e?' - -4/1- MA , O' C -{ ' e Y NOTE: These Minutes were approved at the April 23, 2012 City Commission Regular Meeting.