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HomeMy WebLinkAbout2012 06 25 Consent 206 Requesting Approval of City Commission Regular Meeting Minutes from June 11, 2012COMMISSION AGENDA ITEM 206 June 25, 2012 Regular Meeting Informational Consent X Public Hearings Regular City Manager ALLL Department REQUEST: Requesting the City Commission Approve the Monday, June 11, 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, June 11, 2012 City Commission Regular Meeting. Even though these Minutes are being submitted by the City Clerk, (with proofing by Office of the City Clerk Staff), no other party has required that changes be made to the Minutes before being submitted. These Minutes are being submitted by the City Clerk for the Approval by the City Commission. Consent 206 PAGE 1 OF 2 -June 25, 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, 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, May 14, 2012 City Commission Regular Meeting Minutes. ATTACHMENTS: A - Unapproved Copy of the Monday, June 11, 2012 City Commission Regular Meeting Minutes (20 pages) Consent 206 PAGE 2 OF 2 -June 25, 2012 ATTACHMENT A CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES REGULAR MEETING MONDAY, JUNE 11, 2012 - 5:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Commissioner Jean Hovey - Seat One Commissioner Rick Brown - Seat Two Vacant — Seat Three Commissioner Cade Resnick - Seat Four Commissioner Joanne M. Krebs - Seat Five e.r CITY OF WIN TER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 11, 2012 PAGE 2 OF 20 CALL TO ORDER The Regular Meeting of Monday, June 11, 2012 of the City Commission was called to Order by Mayor Charles Lacey at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor Charles Lacey, present Commissioner Jean Hovey, present Commissioner Rick Brown, absent 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. Mayor Lacey mentioned that Commissioner Gary Bonner had recently submitted his resignation. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department - Planning Division REQUEST: Community Development Department is advising the City Commission of the status of various current planning projects. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2012 PAGE 3 OF 20 "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. n� CONSENT AGENDA d° CONSENT 200. 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. This Agenda Item was not discussed. CONSENT 201. Office of the City Clerk REQUEST: Requesting the City Commission Approve the Monday, May 14, 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 - JUNE 11, 2012 PAGE 4 OF 20 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, ty g , 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 r 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, May 14, 2012 City Commission Regular Meeting Minutes. No discussion. CONSENT 202. Office of the City Clerk REQUEST: Requesting the City Commission Approve the Tuesday, May 29, 2012 City Commission Regular Meeting Minutes. FISCAL IMPACT: There is no specific Fiscal Impact to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. IN x41130:11 43"I —1 -11XIF The City Commission is respectfully requested to Approve the Tuesday, May 29, 2012 City Commission Special Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2012 PAGE 5 OF 20 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office of the Mayor and City Commission REQUEST: Recognizing Winter Springs High School In Honor Of Their First Place Winning Character Key Entry In The Leadership Seminole Character Key Video Contest 2012. Dr. Michael Blasewitz, Principal, Winter Springs High School, 130 Tuskawilla Road, Winter Springs, Florida: addressed the Mayor and City Commission. The video from Winter Springs High School's First Place Winning Character Key entry in the Leadership Seminole Character Key Video 2012 Contest was shown to those in attendance. Dr. Blasewitz introduced Winter Springs High School's Faculty Sponsor, Ms. Dawn Wilkerson who introduced some of her students and how the idea for this video was formed. Mr. Walt Grim, Seminole County Public Schools, 400 East Lake Mary Boulevard, Sanford, Florida: as the new Superintendent for Seminole County Public Schools, Mr. Griffin commented, " Keeth Elementary School - a great Elementary School and one of my initiatives through the interviewing process was to increase our Pre -K capacity, because I see Pre -K really as the feeder program for our K -12, thirteen (13) additional years. So, I'm proud to say that, this upcoming school year, we will have a full day Pre -K program at Keeth Elementary School." Mr. Griffin spoke further on this initiative and added, "I think, this in and of itself will help future capacity at Keeth Elementary School." Forthcoming career growth opportunities for students of Seminole County Public Schools such as a renewable energy (solar) program at Winter Springs High School was then addressed by Mr. Griffin. Commissioner Joanne M. Krebs welcomed Mr. Griffin and said, "Because schools are very important to us in this community — and you probably are aware of what we went through a few months ago, regarding the possibility of closing some schools and I think the school system realized how important schools are to us. How will you be working towards relationships, towards cities - because I really think that is important and I look forward to having a better relationship with our schools." Mr. Griffin spoke of being responsive and noted, "Being a part of City activities - when you have things going on and you would like some school representation there, we'll have some representation there and vice versa, when we have some things at the school. You're going to see more invitations coming your way, to make you a part of the school community; but I think what goes furthest is everybody has my Cell number. If there's a question or a concerned citizen..." Commissioner Krebs mentioned, "...I don't." Mr. Griffin stated, "...We will get it to you. But if there's a concerned citizen or a question — getting that person to the right person to answer their question as quick as possible is going to help us. But, I absolutely want to work with you." Further comments. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2012 PAGE 6 OF 20 AWARDS AND PRESENTATIONS 301. Office of the Mayor REQUEST: Requesting the Mayor and City Commission Receive A Presentation From Kathy Till With The Florida League Of Cities On Advocacy. Ms. Kathy Till, 1208 Errol Parkway, Apopka, Florida: commented on schools, and that Advocacy is "Building and strengthening the relationships between State and Local Governments for the purpose that both entities really understand the needs of the others, how each other works, and what some of the unintended consequences are of some poor decision making." Further remarks followed on reaching out to Candidates and to find out how they feel about municipal issues; attending Candidate forums which will be held after the August Primary; and local issues, to which Ms. Till suggested, "Start gathering some information and submitting it to not only your State Officials but also to the League of Cities and just let them know, how you're utilizing your local business tax receipts, your communication services tax, what you're doing in your CRA's (Community Redevelopment Agency) because all of those are going to be issues that are going to see some legislative action in the coming year." Continuing, Ms. Till mentioned, "Some of the upcoming things that we have on the schedule for Advocacy this year, is my role with the League of Cities is to concentrate on working with all of the local Officials and our State Officials right here in the central Florida area." Upcoming Florida League of Cities Conferences, and joining a Policy Committee were noted next. Concluding, Ms. Till stated, "Thank you to Commissioner Krebs for her leadership for the Tri- County League of Cities" and also noted that Mayor Lacey served on the Board of Directors. AWARDS AND PRESENTATIONS 302. Parks and Recreation Department REQUEST: Oviedo - Winter Springs Optimist Club Presenting A Donation To The City of Winter Springs For Parks And Recreation Summer Camp Scholarships. Mr. Philip S. Kaprow, 1005 Antelope Trail, Winter Springs, Florida: as the President of the Oviedo - Winter Springs Optimist Club, Mr. Kaprow spoke of changing this organization to include Winter Springs and noted, "City Manager Kevin Smith has been absolutely wonderful in working with us." Continuing, Mr. Kaprow spoke of a recent event; introduced his colleagues; and presented a check in the amount of one thousand dollars ($1,000.00) to the City of Winter Springs, "Earmarked for scholarships for Parks and Recreation ". After a photo op, Mr. Kaprow added, "We were speaking with Chief (Kevin) Brunelle who's also been absolutely fantastic and instrumental in working with the Optimist Club and my understanding is that they have an Explorer Camp coming up, later on this summer. We always want to find ways to help." Mr. Kaprow noted that they understand that part of the cost for lunches is covered, and "Just the other day, our Board agreed to provide and Chief Brunelle doesn't know this yet, but you're going to be getting a check for two hundred and fifty dollars ($250.00) to support that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JUNE 11, 2012 PAGE 7 OF 20 REPORTS REPORTS 400. Office of the City Attorney — Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese stated that a Pain Management Clinic Ordinance which had just been approved by the Planning and Zoning Board/Local Planning Agency will come before the City Commission in two (2) meetings. Mayor Lacey then asked Attorney Garganese to address the City Commission Seat Three vacancy. Attorney - Garganese stated, "Pursuant to the City Charter, of course, once a vacancy occurs, the Commission has two (2) - Regular Meetings in which to appoint a person to serve until the next General Election." Discussion followed on the timeline; and holding off until Commissioner Rick Brown is in attendance. Attorney Garganese remarked, "Every Commissioner has an opportunity to make a nomination for the full body to consider; so, I would think you would follow that same process. Each Commissioner would have the ability to make a nomination if they choose to do so, and then you would just go through the normal process where that Nominee, or one of the Nominees would have to receive at least three (3) Votes from the Commission to be Appointed." Commissioner Krebs commented on having someone considered who could be a part of the upcoming Budget process; having a minority Commission in charge; needing a new Deputy Mayor; and suggested a possible Candidate, former Mayor John Bush. It was further suggested that Commissioner Brown should be a part of this process. Tape 1 /Side B Commissioner Jean Hovey stated, "I still think, because this came up so suddenly, that we need to Table, Postpone, whatever we need to do, until [Commissioner] Rick Brown can be here to Vote also. We did that on the Wall issue, and I think this issue is just as important to have all four (4) of us here, that are able to Vote, to be able to do that. Plus, we have only had a couple of days." Schedule conflicts and potential Candidates were briefly addressed. Attorney Garganese stated, "The Charter is a little unclear on that - it says, once a vacancy occurs the Commission has a duty to make an Appointment at either of the next two (2) Regular Meetings. So the vacancy has occurred, it occurred before this meeting. One position is, this is meeting number one (1)." Commissioner Krebs remarked, "That would be my position." Commission availability was further discussed, along with whether this could be further discussed later in this meeting. Mayor Lacey stated, "Any Commissioner would be free to bring it up, at any point in the Meeting." Note: The vacancy issue just addressed was further discussed by the City Commission at the end of this meeting. REPORTS 401. Office of the City Manager — Kevin L. Smith No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -.TUNE 11, 2012 PAGE 8 OF 20 REPORTS 402. Office of the City Clerk — Andrea Lorenzo - Luaces, MMC No Report. REPORTS 403. Office of Commissioner Seat One - The Honorable Jean Hovey ,yes Commissioner Hovey commented on her schedule. REPORTS 404. Office of Commissioner Seat Two — The Honorable Rick Brown Absent. REPORTS 405. Office of Commissioner Seat Three/Deputy Mayor - The Honorable Gary Bonner Note: Deputy Mayor Gary Bonner recently resigned (after this Agenda went to press). REPORTS 406. Office of Commissioner Seat Four — The Honorable Cade Resnick Commissioner Cade Resnick remarked that he had been contacted by some residents about water in the City's Dog park. Mr. Mike Barclay, Recreation Superintendent, Parks and Recreation Department noted "We are currently working with Public Works Department, talking with the Engineer on what recommendations they have regarding grading, filling in of holes, drainage issues that we have out there, so we're working hand in hand with them." Manager Smith noted, "We do have a plan. We're facilitating that plan. It won't happen tomorrow, but it will happen over the coming months, depending on budget and then what not: but we do have a plan for corrective action." Further comments followed. REPORTS 407. Office of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs spoke of attending a recent Florida League of Cities' Board of Directors meeting and noted that she would be providing some information for the City Commission at a forthcoming date and suggested, "Perhaps we can even incorporate some of them on our Website." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2012 PAGE 9 OF 20 Commissioner Hovey commented on sharing this and advocacy information with other entities and added, "It is great." Lastly, Commissioner Krebs stated, "Tri- County (League of Cities) is going to host a Candidates night and the reason was because of the new Districting; that it would be nice to have people in the Tri - County area be able to go and find out who their Candidates are, talk to them, ask them questions." Commissioner Krebs added that we can always attend events in Orange County; and that the City of Longwood offered to hold such an event in their City. REPORTS 408. Office of the Mayor - The Honorable Charles Lacey Mayor Lacey noted that last week, he attended the Council of Local Governments in Seminole County (CALNO) meeting. PUBLIC INPUT Mr. Gary Brook, 1631 Wood Duck Drive, Winter Springs, Florida: spoke on supporting an Ad Hoc Committee and an Assessment District for the Unit 12/12A Wall; that an Assessment District would provide capital; that an Ad Hoc Committee would provide input from residents and suggested that we do something similar to the Oak Forest Wall, as has been done before. Mr. Brook also spoke on Winter Springs being a Tree City and that his wife had inventoried the trees and hedges which might be lost as a result of a new or repaired Unit 12/12A Wall and then submitted an inventory to the City. Mr. Philip S. Kaprow, 1005 Antelope Trail, Winter Springs, Florida: provided his name for the Record and mentioned that over the last few weeks he had been thinking about possibly running for Winter Springs Commission Seat Three in November and that in light of Commissioner Bonner's absence, he asked to be considered for the Interim Commission vacancy. Mr. Kaprow spoke of his background as an Attorney involved in municipal government work. Mr. Kevin Gilliam, 216 Williams Road, Winter Springs, Florida: asked the City Commission to permit residents who live along a pond known as Fisher Pond, to clean up their back yards as the pond in some places has dried up. Mr. Gilliam mentioned he had provided the City with a petition they had taken around and asked that they be allowed to clean up the pond. Brief comments followed on a document that some had signed; and the water quality in the pond. Ms. Juanita Kettering Snick, 619 Sunrise Avenue, Winter Springs, Florida: agreed with what Mr. Giliam had said; that the pond water had deteriorated; and that she supported the neighborhood. Attorney Garganese mentioned what he and Staff had done to assist Mr. Gilliam, and a gave a little background on this pond including aquatic weed maintenance and adjoining property rights. Mayor Lacey asked Attorney Garganese, "Is this still an open item or has Mr. Gilliam been given an answer ?" Attorney Garganese explained that they have provided "many answers ". Mr. Brian Fields, P.E., City Engineer, Public Works Department also spoke on the pond being discussed and the City's maintenance program. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2012 PAGE 10 OF 20 Mayor Lacey summarized the recent discussion and stated, "We have a situation where a resident has asked for something. The City has given him an answer. He is not happy with that answer. He is asking this Commission to overturn Staff. Am I correct in my summary?" Manager Smith stated, "Yes." Hearing no objections from the City Commission, Mayor Lacey offered that Mr. Gilliam was welcome to contact individual Officials but that the ' City Commission was not intervening. Mr. Arsenio Calle, 110 Arrowhead Court, Winter Springs Florida: wanted to recommend Ms. Avery Smith for the open Commission Seat Three and thought she would be a great asset to the City and the City Commission, and that she was very well qualified. Additionally, Mr. Calle complimented the City Commission for the last decision they made related to the Unit 12/12A Wall and that he did not think that public funds should be used for private purposes. Ms. Avery Smith, 201 Arrowhead Court, Winter Springs, Florida: wanted to submit her name for consideration for the open Commission Seat Three and outlined some of her qualifications as an Attorney of more than fifteen (15) years, and asked for the City Commission's consideration. Mr. Ted Johnson, 1107 Pheasant Circle, Winter Springs, Florida: representing the Tuscawilla Homeowners Association (THOA), Mr. Johnson noted their support for Mr. Brooks' statement that he made earlier this evening and thought that repairing the existing wall should also be an option. Mr. Tim Jones, 160 White Cloud Court, Winter Springs, Florida: asked about Commissioner Gary Bonner; and would his Seat's vacancy affect the composition of the proposed Unit 12/12A Wall Ad Hoc Committee. Mr. Jones also commented on how the Unit 12/12A Wall was built, and asked that the City provide financial assistance for the Unit 12/12A Wall. Further comments followed on the proposed Unit 12/12A Wall Ad Hoc Committee and options related to the composition of this Ad Hoc Committee. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department - Planning Division REQUEST: The Community Development Department requests the City Commission postpone consideration of the Moss Park Mixed -Use Area Conditional Use to a date certain and to preserve advertising in order that staff can continue to work with the applicant on certain on -site and shared parking issues and bring a complete package before the City Commission for consideration. FISCAL IMPACT: There is no immediate fiscal impact to the City as a result of postponing consideration of the Moss Park Mixed -Use Area Conditional Use. The fiscal impact of the project, if approved, is projected as follows: CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 11, 2012 PAGE 11 OF 20 The approval of a Conditional Use for Moss Park Apartments is anticipated to create a positive fiscal impact which will allow the development of the mixed -use center with the multi - family residential component. Development of the mixed -use center is anticipated to create jobs and add taxable value to the City. 9 1a Apartments (15 units) $601,330 assessed tax value Income approach $601,330/1000 = 601.33 601.33(2.5600) = $1,539.40 $1,539.40 (less the 4% statutory discount) _ $1,477.82 tax revenue Taxes paid on vacant land now (data obtained from Seminole County Property Appraiser) $100 assessed value for entire parcel $100 assessed tax value 100 /1000 = 0.1 0.1 x 2.5600 = 0.256 $0.256 tax revenue Total Potential Tax Revenue: $1,478.08 (1477.82 + 0.256 = 1478.08) Retail (6.000 square feet Units (6,000 square feet) assessed at $90 /square foot: $540,000.00 assessed tax value (6,000 x 90 = 540,000) $540,000/1000 = 540.00 540(2.5600) = $1382.40 $1,382.40 (less the 4% statutory discount) _ $1327.10 tax revenue Taxes paid on vacant land now (data obtained from Seminole County Property Appraiser) $100 assessed value for entire parcel 100 /1000 = 0.1 0.1 x 2.5600 = 0.256 $100 assessed tax value $0.256 tax revenue Total Potential Tax Revenue: (1327.10 + 0.256 = 1327.36) Total taxable value for entire site: (1478.08 + 1327.36 = 2805.44) COMMUNICATION EFFORTS: $1,327.36 $2,805.44 total This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. A yellow sign noting the date and time of the public hearing has been erected on the property. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2012 PAGE 12 OF 20 RECOMMENDATION: Staff requests the City Commission postpone this item to a date certain (June 25, 2012) and preserve advertising in order to give staff and the applicant additional time to provide a proper amount of on -site parking that would accommodate both the apartments and commercial uses that are proposed for this project Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department introduced this Agenda Item and commented that Staff still needs to work with the City Attorney to "Craft the recommendation on the Conditional Use to adequately address the Multi -Use facets of this particular project, so for - those reasons we are requesting postponement to a date certain, that being June 25` (2012) to preserve advertisement." _ . SE A 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. Continuing on with this Agenda Item, Mayor Lacey then stated, "I will ask the Commissioner if there is a Motion to postpone to the June 25` (2012) meeting." "MOTION TO POSTPONE." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. Mayor Lacey remarked, "We will see this again on June 25` (2012). ❖ ❖ AGENDA NOTE: REGULAR AGENDA ITEM "600" WAS DISCUSSED NEXT, AND LATER IN THE MEETING, AS SHOWN ON PAGES 17 -18 OF THESE MINUTES. ❖ ❖ REGULAR AGENDA REGULAR 600. Office of the City Manager REQUEST: The City Manager is requesting the City Commission approve Resolution 2012 -16 providing for the creation of the Tuscawilla Unit 12/12A Wall Ad Hoc Advisory Committee. FISCAL IMPACT: Consistent with other City Advisory Boards /Committees, the Tuscawilla Unit 12/12A Wall Ad Hoc Advisory Committee members would be volunteers who would not be paid for their services. The Office of the City Clerk's tasks for the administration of this committee include agenda preparation and meeting coordination; meeting set -up, clerking, and wrap -up; and preparation of minutes. Costs for these required Clerk tasks are expected to be approximately $360 per (estimated 2 hour) meeting. Other staff costs include City Attorney, City Manager, City Engineer, City Urban Beautification Manager, etc. and will vary in cost based on frequency of need and use. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JUNE 11, 2012 PAGE 13 OF 20 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: Provide guidance regarding the desired makeup of the Tuscawilla Unit 12/12A Wall Ad Hoc Advisory Committee, and Approve Resolution 2012 -16, inclusive of the approved committee makeup. Manager Smith began the discussion on this Agenda Item and reviewed the suggested recommendations for the proposed formation of the Tuscawilla Unit 12/12A Wall Ad Hoc Advisory Committee. Tape 2 /Side A Commissioner Krebs commented that she liked the statistical reference and her preference for a nine (9) member Ad Hoc Committee. Commissioner Resnick commented on his concern with possible issues with a larger Ad Hoc Committee and having to make sure we had a quorum; and thought that a five (5) or seven (7) Member Ad Hoc Committee might be best. Discussion followed on the Agenda Item recommendations and who could make Appointments to the proposed Ad Hoc Committee. Attorney Garganese stated for the Record, "We crafted this Resolution before we knew Commissioner Bonner vacated his Seat." Related to Appointments to this proposed Ad Hoc Committee, Commissioner Krebs suggested that regarding the new Commissioner, "It wouldn't be fair not to have that Appointment." Commissioner Krebs added, "Since there is only three (3) of us, and minority has the rule, that if we don't Vote tonight for a replacement to that Seat, it won't happen until the next Meeting; which means, if we are willing to wait for a Commissioner until that meeting - why wouldn't we be willing to wait for another person." Furthermore, Commissioner Krebs said, "I am certainly thinking that we should at least allow the person that is going to sit there, an opportunity to Appoint someone." Commissioner Hovey mentioned that she was going to say something similar. Discussion followed on the formation of the proposed Ad Hoc Committee; the Motion Voted on at the last Meeting, along with interpretations of the Motion; and making sure the mission was clear to the proposed Ad Hoc Committee Members, once Appointed. Commissioner Resnick then spoke of visiting the wall and suggested that anyone Appointed to this proposed Ad Hoc Committee should be given a tour of the Unit 12/12A Wall with Mr. Fields. Further comments followed on the maker of the Motion being able to offer additional comments; other possible interpretations of the Motion; that the Commission here tonight can clarify any concerns and that perhaps further latitude be given to this proposed Ad Hoc Committee to include the option to possibly just repair the wall and not tear it down. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2012 PAGE 14 OF 20 Discussion. Manager Smith noted, "The Resolution that's before you all, lays out the scope of duties as follows: that the 4 Committee is charged with essentially determining what type of wall they would like to have after the current ' wall is torn down; so, it would be a replacement type situation. So, if you all were to pass the Resolution as it sits, relative to the scope, that would be the entire scope of the Committee." Manager Smith added that if the City Commission wished to expand the scope, the Resolution would need to be Amended. — Discussion followed on whether the Motion from the last City Commission meeting was understood and agreed - upon; to which Commissioner Krebs, Commissioner Resnick, and Commissioner Hovey noted that they were in agreement. Commissioner Hovey pointed out, "We are stepping up, we're taking the bull by the horns, we want the wall to come down; the residents can decide what they want to put back up." Mayor Lacey noted, "There seems to be Consensus on that point." Further brief comments followed. The cost to tear down the wall was then addressed and Commissioner Krebs stated, "I think the City should tear down the wall." Commissioner Krebs added, "I think that is a cost that we need to bear to tear it down. We have to do that — it's in the wrong place. We have got to do that." The City Clerk was asked to read back the Motion from the previous City Commission Meeting, and did so. Manager Smith stated, "It appears from reading the Motion that the maker's intent was to have the City up front the costs. For example, tearing down the wall; but then all costs expended by the City would be recouped through the Assessment District. Now, that decision though again has not yet been made, ultimately. At the end of the day, once you all receive the recommendation from the Committee, you're certainly free to do as you see fit." Discussion continued. Commissioner Resnick then remarked, "Is it within our scope at this point, to say to them we are going to Amend and give you enough power and leverage to do two (2) things — what design for a wall you want, if you do go that route; or how much will it cost for you to have a wall and I realize I am going backwards, because we have just now added a third part which we said absolutely not last time - we would pay for tearing down the wall, and so now we are going full circle to where we started in March." Manager Smith noted, "It is within your discretion to Amend the Resolution to include that latitude. That's purely the Commission's discretion." Attorney Garganese stated, "The Commission can make the decision but I'm not recommending vacating that portion of the right -of -way, where the wall exists. I don't think that would be a wise move on the Commission's part. The options that you all have are to again, tear down the wall, or maintain it in such a way that it doesn't produce a safety hazard for the public." Manager Smith added, "There is an option Commissioners though, if I understand Commissioner Resnick correctly to give the Committee the ability to look at an option that would include repairing the wall. There is a mechanism to do that, that would not necessitate vacation of the right -of -way. It would be simply the creation of an Assessment District that would keep the wall portions in the right -of -way, yet be insured and covered by the Assessment Program, similar to what we do with Oak Forest right now. So, that avenue is available if this Commission desires to go that route, but the first question is whether or not you'd like to - add to the Resolution to give that additional scope of duties." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2012 PAGE 15 OF 20 Discussion followed on the original Motion and the option to possibly not tear down the existing wall or rebuild, and that after a Motion is made, it belongs to the City Commission. "I AM JUST READY TO APPROVE THIS ITEM WITH THE OPTION OF SEVEN (7) — WITHOUT CHANGING IT, JUST THE WAY IT IS." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MAYOR LACEY SUMMARIZED, "THE MOTION IS TO PRESENTED WITH THE SELECTION OF ITEM 2., SEVEN COMMITTEE WHICH IS ONE (1) FROM EACH OF THE MAYOR, PLUS ONE (1) AT LARGE APPOINTMENT." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. APPROVE THE RESOLUTION AS (7) MEMBERS, COMPOSING THE FIVE (5) COMMISSIONERS, PLUS Further regarding this same Agenda Item, Manager Smith stated, "The Commission may recall at the last meeting under this item's discussion, a concern was expressed by myself and shared by this body relative to the health and safety of the wall; and I believe that the Commission was agreeable and I am asking, to Staff looking at that issue. Relative to that point, I have a concern with the 150 or so feet of the wall that the City Engineer had previously articulated — and our Urban Beautification Manager, was in some state of immediate disrepair that needed immediate attention. I am not an Attorney but I think that our Attorney will advise that such notice of that state of a wall that is existing within our right -of -way, requires some action on our part, post- haste. What I am suggesting to you all is that I have an incumbent duty to tear down the 150 or so feet of the wall that currently exists within the City right -of- way." Manager Smith added, "Under any scenario that we've discussed, be it tear down a wall, or be it an Assessment District, the 150 or so feet of wall coming down was part of each discussion. So, what I'm advising you all is that hearing no concern from you all, Staff intends to move forward with the removal of the 150 feet or so, within our City right -of -way, in the interest of the health and safety of the citizens." Mayor Lacey then stated, "There was some of the wall that was in the right -of -way and some of the wall that was touching the right -of -way — is all 150 feet in the right -of- way ?" Manager Smith stated, "No." Mr. Fields explained, "It's a mixture. The portions that need to be removed of the 150 feet — what it is, is there are five (5) corner locations that are in the severest condition; and there's about 150 feet that's damaged; and what I advised the City Manager is to look at the possibility of removing essentially those five (5) corners; which if you add plus or minus 20 feet at each of those five (5), it brings the total up to about 250 feet in the wall to remove that entire corner, but that's what I would recommend — up to that amount and we're ready to proceed with that." Mayor Lacey asked, "Is any of it in private property?" Mr. Fields said, "Yes. It's in private property; it's in the Easement and in the right -of- way." Mayor Lacey added, "So, for private property, you need permission..." Mr. Fields continued, "...Yes, that's what I think part of that is to go ahead and request a right of entry on those private properties to allow us to go in and perform that demolition." Commissioner Krebs stated, "I was going to try and make that part of the Motion also." Commissioner Krebs added, "You have got to do what you have got to do. We have got to do that as a City for protection of the citizens and the property." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2012 PAGE 16 OF 20 Manager Smith said, "Mayor, am I hearing any concern with..." Mayor Lacey said to Manager Smith, "...I think you have got a duty to perform and the Commission is not going to stand in the way of you performing your duty." Mayor Lacey then said to the City Commission, "Agreed ?" No objections were noted. _ REGULAR 601. Office of the City Manager REQUEST: - The City Manager is requesting that the City Commission set a FY 2013 Budget Workshop date(s), for . consideration of the FY 2013 Budget. -- FISCAL IMPACT: The workshop will determine the fiscal impact of this agenda item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. The Budget Workshop will be posted on the City Hall electronic sign and via eAlert. RECOMMENDATION: City Manager recommends that the City Commission establish a workshop date(s) for consideration of the FY 2013 Proposed Budget. Discussion ensued on possible dates for Budget Workshops. Manager Smith explained, "The Tentative Millage needs to be set by August 4 th , ( 2012) so we typically do that at our second meeting in July." Mayor Lacey stated, "6:00 p.m., July 16 th , ( 2012) with an alternate date of July 17 t1i , (2012), if needed; again at 6:00 p.m. Of the three (3) of you here, is that a good date and time ?" Mayor Lacey then asked if Commissioner Brown had noted if he was agreeable to those dates; to which Manager Smith stated, "Commissioner Brown advised me after reviewing the Agenda that - those dates are agreeable to him." No objections were noted. Mayor Lacey added to Manager Smith, "You have got the dates." PUBLIC INPUT No one addressed the City Commission at this time. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2012 PAGE 17 OF 20 In other City business, discussion followed on the City Commission including in each Agenda, a second Public Input section, and that some people speak during both sessions of Public Input. ❖ ❖ AGENDA NOTE: THE FOLLOWING DISCUSSION PERTAINED TO REGULAR AGENDA ITEM "600 ", WHICH WAS HEARD NEXT AS DOCUMENTED, IN ADDITION TO WHAT WAS PREVIOUSLY NOTED ON PAGES 12 -16 OF THESE MINUTES. ❖ ❖ REGULAR AGENDA REGULAR 600. Office of the City Manager REQUEST: The City Manager is requesting the City Commission approve Resolution 2012 -16 providing for the creation of the Tuscawilla Unit 12/12A Wall Ad Hoc Advisory Committee. FISCAL IMPACT: Consistent with other City Advisory Boards /Committees, the Tuscawilla Unit 12/12A Wall Ad Hoc Advisory Committee members would be volunteers who would not be paid for their services. The Office of the City Clerk's tasks for the administration of this committee include agenda preparation and meeting coordination; meeting set -up, clerking, and wrap -up; and preparation of minutes. Costs for these required Clerk tasks are expected to be approximately $360 per (estimated 2 hour) meeting. Other staff costs include City Attorney, City Manager, City Engineer, City Urban Beautification Manager, etc. and will vary in cost based on frequency of need and use. 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: Provide guidance regarding the desired makeup of the Tuscawilla Unit 12/12A Wall Ad Hoc Advisory Committee, and Approve Resolution 2012 -16, inclusive of the approved committee makeup. RELATED TO AN APPOINTMENT TO THE "TUSCAWILLA UNIT 12/12A WALL AD HOC ADVISORY COMMITTEE" THAT WAS JUST APPROVED, COMMISSIONER RESNICK NOTED HE HAD A NAME TO PRESENT AS HIS APPOINTMENT AND STATED IT WAS "GARY BROOK ". MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JUNE 11, 2012 PAGE 18 OF 20 VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE - COMMISSIONER HOVEY: AYE w MOTION CARRIED. Additionally, Manager Smith then referenced another aspect related to this Regular Agenda Item "600" and stated. "Relative to SECTION II. (b), the Resolutions dictates that a Final Report shall be completed by a date certain - Staff did not incorporate a date into this because I wanted to have that discussion with you all. So, what I'm asking for, is there a deadline that you all would like to put on their submission of the Final Report? I would recommend that we do give them sufficient time." Discussion followed on a possible timeline of ninety (90) or 120 days. Asked for his thoughts, Manager Smith noted, "I would say that 120 days is probably reasonable because there is the additive language that additional time could be granted by this Commission." With further comments, Attorney Garganese said, "You can set a date certain, or you can make it from a date certain from the time that the last Appointee is made or you can make it 120 days from the date of the Adoption of the Resolution. It's up to you." Mayor Lacey suggested that a hard date be decided upon. "I WILL MAKE THE MOTION TO MAKE NOVEMBER 12 OUR HARD DATE FOR OUR AD HOC COMMITTEE TO ADVISE US." MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR LACEY SUMMARIZED THAT THE "TUSCAWILLA UNIT 12/12A WALL AD HOC ADVISORY COMMITTEE" - "BE GIVEN A DATE CERTAIN OF NOVEMBER 12 FOR THEIR FINAL REPORT." Tape 2 /Side B COMMISSIONER KREBS COMMENTED, "CAN WE GET IN THERE THAT THEY HAVE THE OPTION OF ADDING ADDITIONAL TIME SHOULD THEY NEED IT." ATTORNEY GARGANESE MENTIONED, "THEY CAN REQUEST ADDITIONAL TIME FROM THE COMMISSION." VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. Note: The following vacancy issue was also discussed earlier during this meeting by the City Commission under "Reports ". Commissioner Resnick asked further about the issue of the open Commission Seat and stated, "I just want to make sure that we were all clear that when Commissioner Brown is back next time - we are all here, that is when we will make our decision on who will be taking over this Seat; and we have at least three (3) names of people who stepped forward tonight." Mayor Lacey suggested more might come forward. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 11, 2012 PAGE 19 OF 20 Commissioner Hovey stated, "I like that idea — especially since we have had people step up to the plate tonight. Now, I did know Avery (Smith) was interested. Mr. Kaprow — I didn't know he was interested. I did not even know Mr. Kaprow. Can we get some kind of information from them — maybe send it to Andrea (Lorenzo - Luaces) and she can forward it to us — their background and why they think they would be a good Commissioner to fill this Seat..." Mayor Lacey added, "...That was going to be my last suggestion before we adjourned tonight that if we are going to put it off until another meeting, that we establish something of the rules of how we want to proceed and that would be at least one of them — do we want to request an Application from each of these people ?" Commissioner Resnick mentioned backgrounds; Mayor Lacey referenced background checks for Advisory Board and Committee Members; and Commissioner Hovey commented that she would be interested in information related to why someone would be a good candidate for this Commission Seat. Discussion followed on an Application; and Mayor Lacey noted, "The Commission will be free to make selections under any criteria they want." Commissioner Krebs and Commissioner Resnick then suggested a Bio with qualifications and community service noted. Mayor Lacey commented on the City's current Advisory Boards and Committees Application and asked the City Clerk, "Could you modify that Application to be appropriate for a Commission Seat ?" City Clerk Lorenzo - Luaces responded, "The Application was put together by Mr. Garganese's office, so I could work with them, just make sure they concur; but sure." Commissioner Hovey suggested that the same Application used for Boards /Committees be completed and that a Bio be also included. Commissioner Krebs agreed. Commissioner Resnick added that he agreed with a Bio and community service information. Commissioner Hovey noted her agreement with this. Mayor Lacey clarified, "And again, the Commission will be the judge of whether it is sufficient or not; so, I don't think we need to dictate what it looks like." Continuing, Commissioner Hovey added, "Are we going to request that information by next Monday, so we have some time to look at it ?" Commissioner Krebs stated, "We can do whatever you want." Mayor Lacey noted, "We need to advertise it in some manner, on the Website, or other means." Commissioner Hovey suggested, "An e- blast." Mayor Lacey reiterated, "Put out an e -blast — let people know and Andrea (Lorenzo - Luaces) will have some kind of a form available for people." City Clerk Lorenzo - Luaces reiterated, "You would like a Bio, we're going to advertise it, and you would like the deadline by next Monday..." Commissioner Krebs added, "...And the Bio to include such things as community service..." City Clerk Lorenzo - Luaces asked, "...By close of business next Monday? Noon? What is your preference ?" Mayor Lacey noted, "June 18 ( 2012)." City Clerk Lorenzo - Luaces added, "The deadline — by Noon on June 18 (2012) ?" Commissioner Hovey asked, "Can we do it by Noon on June 18` ( 2012) ?" Further comments followed on providing the information to Commissioner Hovey. Manager Smith asked, "So, can I infer from this discussion that you all want an Agenda Item to make a decision on June 25 (2012) ?" Commissioner Resnick, Commissioner Krebs, and Commissioner Hovey stated "Yes." Commissioner Krebs said to Commissioner Hovey, "If we have it when the rest of the packet is due for the following meeting, it will be put in your box and you will get it right there on your computer; would that be okay ?" Commissioner Krebs then noted, "If you could also add that — with the (Agenda) Item." Commissioner Hovey noted, "Andrea (Lorenzo - Luaces) is just going to email that to me." Additionally, Commissioner Hovey said, "That is fine." Further comments. ;,+••rig, CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JUNE 11, 2012 PAGE 20 OF 20 City Clerk Lorenzo - Luaces recapped, "We are going to hold off and compile all the Applications, and then we will send it out once we get them uploaded. But of course, if you want to see them as we get them in, you just let me know and we'll do that." Mayor Lacey stated, "Yes." _ ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 7:39 p.m. 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 �- z to Incorporated 1959 .4`oRtO1'" CITY COMMISSION MINUTES REGULAR MEETING MONDAY, JUNE 11, 2012 - 5:15 P.M. CITY HALL—COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS,FLORIDA Mayor Charles Lacey Commissioner Jean Hovey - Seat One Commissioner Rick Brown - Seat Two Vacant— Seat Three Commissioner Cade Resnick- Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JUNE 11,2012 PAGE 2 OF 20 CALL TO ORDER The Regular Meeting of Monday, June 11, 2012 of the City Commission was called to Order by Mayor Charles Lacey at 5:15 p.m. in the Commission Chambers of the Municipal Building(City Hall, 1126 East State Road 434, Winter Springs,Florida 32708). Roll Call: Mayor Charles Lacey,present Commissioner Jean Hovey, present Commissioner Rick Brown, absent 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. Mayor Lacey mentioned that Commissioner Gary Bonner had recently submitted his resignation. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department-Planning Division REQUEST: Community Development Department is advising the City Commission of the status of various current planning projects. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff,and is available on the City's Website,LaserFiche,and the City's Server.Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche,and the City's Server; has been sent to applicable City Staff,Media/Press Representatives who have requested Agendas/Agenda Item information,Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five(5) different locations around the City. Furthermore,this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. This Agenda Item was not discussed. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JUNE 11,2012 PAGE 3 OF 20 "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS.DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CONSENT AGENDA CONSENT 200. 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. This Agenda Item was not discussed. CONSENT 201. Office of the City Clerk REQUEST: Requesting the City Commission Approve the Monday, May 14, 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-JUNE 11,2012 PAGE 4 OF 20 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff,and is available on the City's Website,LaserFiche,and the City's Server.Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche,and the City's Server; has been sent to applicable City Staff,Media/Press Representatives who have requested Agendas/Agenda Item information,Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five(5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Commission is respectfully requested to Approve the Monday, May 14, 2012 City Commission Regular Meeting Minutes. No discussion. CONSENT 202. Office of the City Clerk REQUEST: Requesting the City Commission Approve the Tuesday, May 29, 2012 City Commission Regular Meeting Minutes. FISCAL IMPACT: There is no specific Fiscal Impact to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff,and is available on the City's Website,LaserFiche,and the City's Server.Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche,and the City's Server; has been sent to applicable City Staff,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 Tuesday, May 29, 2012 City Commission Special Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JUNE 11,2012 PAGE 5 OF 20 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office of the Mayor and City Commission REQUEST: Recognizing Winter Springs High School In Honor Of Their First Place Winning Character Key Entry In The Leadership Seminole Character Key Video Contest 2012. Dr. Michael Blasewitz, Principal, Winter Springs High School, 130 Tuskawilla Road, Winter Springs, Florida: addressed the Mayor and City Commission. The video from Winter Springs High School's First Place Winning Character Key entry in the Leadership Seminole Character Key Video 2012 Contest was shown to those in attendance. Dr. Blasewitz introduced Winter Springs High School's Faculty Sponsor, Ms. Dawn Wilkerson who introduced some of her students and how the idea for this video was formed. Mr. Walt Griffin, Seminole County Public Schools, 400 East Lake Mary Boulevard, Sanford, Florida: as the new Superintendent for Seminole County Public Schools, Mr. Griffin commented, "Keeth Elementary School - a great Elementary School and one of my initiatives through the interviewing process was to increase our Pre-K capacity, because I see Pre-K really as the feeder program for our K-12,thirteen(13)additional years. So, I'm proud to say that, this upcoming school year, we will have a full day Pre-K program at Keeth Elementary School." Mr. Griffin spoke further on this initiative and added, "I think, this in and of itself will help future capacity at Keeth Elementary School." Forthcoming career growth opportunities for students of Seminole County Public Schools such as a renewable energy(solar)program at Winter Springs High School was then addressed by Mr. Griffin. Commissioner Joanne M. Krebs welcomed Mr. Griffin and said, "Because schools are very important to us in this community—and you probably are aware of what we went through a few months ago, regarding the possibility of closing some schools and I think the school system realized how important schools are to us. How will you be working towards relationships, towards cities - because I really think that is important and I look forward to having a better relationship with our schools." Mr. Griffin spoke of being responsive and noted, "Being a part of City activities - when you have things going on and you would like some school representation there, we'll have some representation there and vice versa, when we have some things at the school. You're going to see more invitations coming your way, to make you a part of the school community; but I think what goes furthest is everybody has my Cell number. If there's a question or a concerned citizen..." Commissioner Krebs mentioned, "...I don't." Mr. Griffin stated, "...We will get it to you. But if there's a concerned citizen or a question—getting that person to the right person to answer their question as quick as possible is going to help us. But, I absolutely want to work with you." Further comments. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JUNE 11,2012 PAGE 6 OF 20 AWARDS AND PRESENTATIONS 301. Office of the Mayor REQUEST: Requesting the Mayor and City Commission Receive A Presentation From Kathy Till With The Florida League Of Cities On Advocacy. Ms. Kathy Till, 1208 Errol Parkway, Apopka, Florida: commented on schools, and that Advocacy is "Building and strengthening the relationships between State and Local Governments for the purpose that both entities really understand the needs of the others, how each other works, and what some of the unintended consequences are of some poor decision making." Further remarks followed on reaching out to Candidates and to find out how they feel about municipal issues; attending Candidate forums which will be held after the August Primary; and local issues, to which Ms. Till suggested, "Start gathering some information and submitting it to not only your State Officials but also to the League of Cities and just let them know, how you're utilizing your local business tax receipts, your communication services tax, what you're doing in your CRA's (Community Redevelopment Agency) because all of those are going to be issues that are going to see some legislative action in the coming year." Continuing, Ms. Till mentioned, "Some of the upcoming things that we have on the schedule for Advocacy this year, is my role with the League of Cities is to concentrate on working with all of the local Officials and our State Officials right here in the central Florida area." Upcoming Florida League of Cities Conferences, and joining a Policy Committee were noted next. Concluding, Ms. Till stated, "Thank you to Commissioner Krebs for her leadership for the Tri-County League of Cities"and also noted that Mayor Lacey served on the Board of Directors. AWARDS AND PRESENTATIONS 302. Parks and Recreation Department REQUEST: Oviedo-Winter Springs Optimist Club Presenting A Donation To The City of Winter Springs For Parks And Recreation Summer Camp Scholarships. Mr. Philip S. Kaprow, 1005 Antelope Trail, Winter Springs, Florida: as the President of the Oviedo-Winter Springs Optimist Club, Mr. Kaprow spoke of changing this organization to include Winter Springs and noted, "City Manager Kevin Smith has been absolutely wonderful in working with us." Continuing, Mr. Kaprow spoke of a recent event; introduced his colleagues; and presented a check in the amount of one thousand dollars ($1,000.00) to the City of Winter Springs, "Earmarked for scholarships for Parks and Recreation". After a photo op,Mr. Kaprow added, "We were speaking with Chief(Kevin)Brunelle who's also been absolutely fantastic and instrumental in working with the Optimist Club and my understanding is that they have an Explorer Camp coming up, later on this summer. We always want to find ways to help." Mr. Kaprow noted that they understand that part of the cost for lunches is covered, and "Just the other day, our Board agreed to provide and Chief Brunelle doesn't know this yet, but you're going to be getting a check for two hundred and fifty dollars ($250.00)to support that." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—JUNE 11,2012 PAGE 7 OF 20 REPORTS REPORTS 400. Office of the City Attorney—Anthony A.Garganese,Esquire City Attorney Anthony A. Garganese stated that a Pain Management Clinic Ordinance which had just been approved by the Planning and Zoning Board/Local Planning Agency will come before the City Commission in two(2)meetings. Mayor Lacey then asked Attorney Garganese to address the City Commission Seat Three vacancy. Attorney Garganese stated, "Pursuant to the City Charter, of course, once a vacancy occurs, the Commission has two (2) Regular Meetings in which to appoint a person to serve until the next General Election." Discussion followed on the timeline; and holding off until Commissioner Rick Brown is in attendance. Attorney Garganese remarked, "Every Commissioner has an opportunity to make a nomination for the full body to consider; so, I would think you would follow that same process. Each Commissioner would have the ability to make a nomination if they choose to do so, and then you would just go through the normal process where that Nominee, or one of the Nominees would have to receive at least three (3) Votes from the Commission to be Appointed." Commissioner Krebs commented on having someone considered who could be a part of the upcoming Budget process; having a minority Commission in charge; needing a new Deputy Mayor; and suggested a possible Candidate, former Mayor John Bush. It was further suggested that Commissioner Brown should be a part of this process. Tape 1/Side B Commissioner Jean Hovey stated, "I still think, because this came up so suddenly, that we need to Table, Postpone, whatever we need to do, until [Commissioner] Rick Brown can be here to Vote also. We did that on the Wall issue, and I think this issue is just as important to have all four(4) of us here, that are able to Vote,to be able to do that. Plus,we have only had a couple of days." Schedule conflicts and potential Candidates were briefly addressed. Attorney Garganese stated, "The Charter is a little unclear on that - it says, once a vacancy occurs the Commission has a duty to make an Appointment at either of the next two (2) Regular Meetings. So the vacancy has occurred, it occurred before this meeting. One position is, this is meeting number one (1)." Commissioner Krebs remarked, "That would be my position." Commission availability was further discussed, along with whether this could be further discussed later in this meeting. Mayor Lacey stated, "Any Commissioner would be free to bring it up, at any point in the Meeting." Note: The vacancy issue just addressed was further discussed by the City Commission at the end of this meeting. REPORTS 401. Office of the City Manager—Kevin L. Smith No Report. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JUNE 11,2012 PAGE 8 OF 20 REPORTS 402. Office of the City Clerk—Andrea Lorenzo-Luaces, MMC No Report. REPORTS 403. Office of Commissioner Seat One- The Honorable Jean Hovey Commissioner Hovey commented on her schedule. REPORTS 404. Office of Commissioner Seat Two—The Honorable Rick Brown Absent. REPORTS 405. Office of Commissioner Seat Three/Deputy Mayor-The Honorable Gary Bonner Note: Deputy Mayor Gary Bonner recently resigned(after this Agenda went to press). REPORTS 406. Office of Commissioner Seat Four—The Honorable Cade Resnick Commissioner Cade Resnick remarked that he had been contacted by some residents about water in the City's Dog park. Mr. Mike Barclay, Recreation Superintendent,Parks and Recreation Department noted"We are currently working with Public Works Department,talking with the Engineer on what recommendations they have regarding grading, filling in of holes, drainage issues that we have out there, so we're working hand in hand with them." Manager Smith noted, "We do have a plan. We're facilitating that plan. It won't happen tomorrow, but it will happen over the coming months, depending on budget and then what not; but we do have a plan for corrective action." Further comments followed. REPORTS 407. Office of Commissioner Seat Five—The Honorable Joanne M.Krebs Commissioner Krebs spoke of attending a recent Florida League of Cities' Board of Directors meeting and noted that she would be providing some information for the City Commission at a forthcoming date and suggested, "Perhaps we can even incorporate some of them on our Website." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JUNE 11,2012 PAGE 9 OF 20 Commissioner Hovey commented on sharing this and advocacy information with other entities and added, "It is great." Lastly, Commissioner Krebs stated, "Tri-County (League of Cities) is going to host a Candidates night and the reason was because of the new Districting; that it would be nice to have people in the Tri-County area be able to go and find out who their Candidates are, talk to them, ask them questions." Commissioner Krebs added that we can always attend events in Orange County; and that the City of Longwood offered to hold such an event in their City. REPORTS 408. Office of the Mayor-The Honorable Charles Lacey Mayor Lacey noted that last week,he attended the Council of Local Governments in Seminole County(CALNO) meeting. PUBLIC INPUT Mr. Gary Brook, 1631 Wood Duck Drive, Winter Springs, Florida.: spoke on supporting an Ad Hoc Committee and an Assessment District for the Unit 12/12A Wall; that an Assessment District would provide capital; that an Ad Hoc Committee would provide input from residents and suggested that we do something similar to the Oak Forest Wall, as has been done before. Mr. Brook also spoke on Winter Springs being a Tree City and that his wife had inventoried the trees and hedges which might be lost as a result of a new or repaired Unit 12/12A Wall and then submitted an inventory to the City. Mr. Philip S. Kaprow, 1005 Antelope Trail, Winter Springs, Florida: provided his name for the Record and mentioned that over the last few weeks he had been thinking about possibly running for Winter Springs Commission Seat Three in November and that in light of Commissioner Bonner's absence, he asked to be considered for the Interim Commission vacancy. Mr. Kaprow spoke of his background as an Attorney involved in municipal government work. Mr. Kevin Gilliam, 216 Williams Road, Winter Springs, Florida: asked the City Commission to permit residents who live along a pond known as Fisher Pond, to clean up their back yards as the pond in some places has dried up. Mr. Gilliam mentioned he had provided the City with a petition they had taken around and asked that they be allowed to clean up the pond. Brief comments followed on a document that some had signed; and the water quality in the pond. Ms. Juanita Kettering Snick, 619 Sunrise Avenue, Winter Springs, Florida: agreed with what Mr. Giliam had said; that the pond water had deteriorated; and that she supported the neighborhood. Attorney Garganese mentioned what he and Staff had done to assist Mr. Gilliam, and a gave a little background on this pond including aquatic weed maintenance and adjoining property rights. Mayor Lacey asked Attorney Garganese, "Is this still an open item or has Mr. Gilliam been given an answer?" Attorney Garganese explained that they have provided"many answers". Mr. Brian Fields, P.E., City Engineer, Public Works Department also spoke on the pond being discussed and the City's maintenance program. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JUNE 11,2012 PAGE 10 OF 20 Mayor Lacey summarized the recent discussion and stated, "We have a situation where a resident has asked for something. The City has given him an answer. He is not happy with that answer. He is asking this Commission to overturn Staff. Am I correct in my summary?" Manager Smith stated, "Yes." Hearing no objections from the City Commission, Mayor Lacey offered that Mr. Gilliam was welcome to contact individual Officials but that the City Commission was not intervening. Mr. Arsenio Calle, 110 Arrowhead Court, Winter Springs Florida: wanted to recommend Ms. Avery Smith for the open Commission Seat Three and thought she would be a great asset to the City and the City Commission,and that she was very well qualified. Additionally, Mr. Calle complimented the City Commission for the last decision they made related to the Unit 12/12A Wall and that he did not think that public funds should be used for private purposes. Ms. Avery Smith, 201 Arrowhead Court, Winter Springs, Florida: wanted to submit her name for consideration for the open Commission Seat Three and outlined some of her qualifications as an Attorney of more than fifteen (15)years, and asked for the City Commission's consideration. Mr. Ted Johnson, 1107 Pheasant Circle, Winter Springs, Florida: representing the Tuscawilla Homeowners Association(THOA), Mr.Johnson noted their support for Mr. Brooks' statement that he made earlier this evening and thought that repairing the existing wall should also be an option. Mr. Tim Jones, 160 White Cloud Court, Winter Springs, Florida: asked about Commissioner Gary Bonner; and would his Seat's vacancy affect the composition of the proposed Unit 12/12A Wall Ad Hoc Committee. Mr. Jones also commented on how the Unit 12/12A Wall was built, and asked that the City provide financial assistance for the Unit 12/12A Wall. Further comments followed on the proposed Unit 12/12A Wall Ad Hoc Committee and options related to the composition of this Ad Hoc Committee. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department-Planning Division REQUEST: The Community Development Department requests the City Commission postpone consideration of the Moss Park Mixed-Use Area Conditional Use to a date certain and to preserve advertising in order that staff can continue to work with the applicant on certain on-site and shared parking issues and bring a complete package before the City Commission for consideration. FISCAL IMPACT: There is no immediate fiscal impact to the City as a result of postponing consideration of the Moss Park Mixed-Use Area Conditional Use. The fiscal impact of the project,if approved,is projected as follows: CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JUNE 11,2012 PAGE 11 OF 20 The approval of a Conditional Use for Moss Park Apartments is anticipated to create a positive fiscal impact which will allow the development of the mixed-use center with the multi-family residential component. Development of the mixed-use center is anticipated to create jobs and add taxable value to the City. Apartments(15 units) $601,330 assessed tax value Income approach $601,330/1000=601.33 601.33(2.5600)=$1,539.40 $1,539.40(less the 4% statutory discount)= $1,477.82 tax revenue Taxes paid on vacant land now(data obtained from Seminole County Property Appraiser) $100 assessed value for entire parcel $100 assessed tax value 100/1000=0.1 0.1 x 2.5600=0.256 $0.256 tax revenue Total Potential Tax Revenue: $1,478.08 (1477.82+0.256= 1478.08) Retail(6,000 square feet) Units(6,000 square feet) assessed at$90/square foot: $540,000.00 assessed tax value (6,000 x 90=540,000) $540,000/1000=540.00 540(2.5600)=$1382.40 $1,382.40 (less the 4% statutory discount) = $1327.10 tax revenue Taxes paid on vacant land now(data obtained from Seminole County Property Appraiser) $100 assessed value for entire parcel $100 assessed tax value 100/1000=0.1 0.1 x 2.5600=0.256 $0.256 tax revenue Total Potential Tax Revenue: $1,327.36 (1327.10+0.256= 1327.36) Total taxable value for entire site: $2,805.44 total (1478.08+ 1327.36=2805.44) COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff,and is available on the City's Website,LaserFiche,and the City's Server.Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche,and the City's Server; has been sent to applicable City Staff,Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five(5) different locations around the City. Furthermore,this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. A yellow sign noting the date and time of the public hearing has been erected on the property. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JUNE 11,2012 PAGE 12 OF 20 RECOMMENDATION: Staff requests the City Commission postpone this item to a date certain (June 25, 2012) and preserve advertising in order to give staff and the applicant additional time to provide a proper amount of on-site parking that would accommodate both the apartments and commercial uses that are proposed for this project Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department introduced this Agenda Item and commented that Staff still needs to work with the City Attorney to "Craft the recommendation on the Conditional Use to adequately address the Multi-Use facets of this particular project, so for-those reasons we are requesting postponement to a date certain,that being June 25th, (2012)to preserve advertisement." 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. Continuing on with this Agenda Item, Mayor Lacey then stated, "I will ask the Commissioner if there is a Motion to postpone to the June 25th,(2012)meeting." "MOTION TO POSTPONE." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. Mayor Lacey remarked,"We will see this again on June 25th, (2012). ❖ • AGENDA NOTE: REGULAR AGENDA ITEM "600" WAS DISCUSSED NEXT, AND LATER IN THE MEETING,AS SHOWN ON PAGES 17-18 OF THESE MINUTES. •❖ REGULAR AGENDA REGULAR 600. Office of the City Manager REQUEST: The City Manager is requesting the City Commission approve Resolution 2012-16 providing for the creation of the Tuscawilla Unit 12/12A Wall Ad Hoc Advisory Committee. FISCAL IMPACT: Consistent with other City Advisory Boards/Committees, the Tuscawilla Unit 12/12A Wall Ad Hoc Advisory Committee members would be volunteers who would not be paid for their services. The Office of the City Clerk's tasks for the administration of this committee include agenda preparation and meeting coordination; meeting set-up, clerking,and wrap-up; and preparation of minutes. Costs for these required Clerk tasks are expected to be approximately $360 per (estimated 2 hour) meeting. Other staff costs include City Attorney,City Manager,City Engineer,City Urban Beautification Manager,etc.and will vary in cost based on frequency of need and use. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—JUNE 11,2012 PAGE 13 OF 20 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: Provide guidance regarding the desired makeup of the Tuscawilla Unit 12/12A Wall Ad Hoc Advisory Committee, and Approve Resolution 2012-16, inclusive of the approved committee makeup. Manager Smith began the discussion on this Agenda Item and reviewed the suggested recommendations for the proposed formation of the Tuscawilla Unit 12/12A Wall Ad Hoc Advisory Committee. Tape 2/Side A Commissioner Krebs commented that she liked the statistical reference and her preference for a nine (9) member Ad Hoc Committee. Commissioner Resnick commented on his concern with possible issues with a larger Ad Hoc Committee and having to make sure we had a quorum; and thought that a five (5) or seven (7) Member Ad Hoc Committee might be best. Discussion followed on the Agenda Item recommendations and who could make Appointments to the proposed Ad Hoc Committee. Attorney Garganese stated for the Record, "We crafted this Resolution before we knew Commissioner Bonner vacated his Seat." Related to Appointments to this proposed Ad Hoc Committee, Commissioner Krebs suggested that regarding the new Commissioner, "It wouldn't be fair not to have that Appointment." Commissioner Krebs added, "Since there is only three (3) of us, and minority has the rule, that if we don't Vote tonight for a replacement to that Seat, it won't happen until the next Meeting; which means, if we are willing to wait for a Commissioner until that meeting-why wouldn't we be willing to wait for another person." Furthermore, Commissioner Krebs said,"I am certainly thinking that we should at least allow the person that is going to sit there, an opportunity to Appoint someone." Commissioner Hovey mentioned that she was going to say something similar. Discussion followed on the formation of the proposed Ad Hoc Committee; the Motion Voted on at the last Meeting, along with interpretations of the Motion; and making sure the mission was clear to the proposed Ad Hoc Committee Members, once Appointed. Commissioner Resnick then spoke of visiting the wall and suggested that anyone Appointed to this proposed Ad Hoc Committee should be given a tour of the Unit 12/12A Wall with Mr. Fields. Further comments followed on the maker of the Motion being able to offer additional comments; other possible interpretations of the Motion; that the Commission here tonight can clarify any concerns and that perhaps further latitude be given to this proposed Ad Hoc Committee to include the option to possibly just repair the wall and not tear it down. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JUNE 11,2012 PAGE 14 OF 20 Discussion. Manager Smith noted, "The Resolution that's before you all, lays out the scope of duties as follows: that the Committee is charged with essentially determining what type of wall they would like to have after the current wall is torn down; so, it would be a replacement type situation. So, if you all were to pass the Resolution as it sits, relative to the scope, that would be the entire scope of the Committee." Manager Smith added that if the City Commission wished to expand the scope,the Resolution would need to be Amended. Discussion followed on whether the Motion from the last City Commission meeting was understood and agreed upon; to which Commissioner Krebs, Commissioner Resnick, and Commissioner Hovey noted that they were in agreement. Commissioner Hovey pointed out, "We are stepping up, we're taking the bull by the horns, we want the wall to come down; the residents can decide what they want to put back up." Mayor Lacey noted, "There seems to be Consensus on that point." Further brief comments followed. The cost to tear down the wall was then addressed and Commissioner Krebs stated, "I think the City should tear down the wall." Commissioner Krebs added, "I think that is a cost that we need to bear to tear it down. We have to do that—it's in the wrong place. We have got to do that." The City Clerk was asked to read back the Motion from the previous City Commission Meeting, and did so. Manager Smith stated, "It appears from reading the Motion that the maker's intent was to have the City up front the costs. For example,tearing down the wall;but then all costs expended by the City would be recouped through the Assessment District. Now, that decision though again has not yet been made, ultimately. At the end of the day, once you all receive the recommendation from the Committee,you're certainly free to do as you see fit." Discussion continued. Commissioner Resnick then remarked, "Is it within our scope at this point, to say to them we are going to Amend and give you enough power and leverage to do two(2)things—what design for a wall you want, if you do go that route; or how much will it cost for you to have a wall and I realize I am going backwards, because we have just now added a third part which we said absolutely not last time - we would pay for tearing down the wall, and so now we are going full circle to where we started in March." Manager Smith noted, "It is within your discretion to Amend the Resolution to include that latitude. That's purely the Commission's discretion." Attorney Garganese stated, "The Commission can make the decision but I'm not recommending vacating that portion of the right-of-way, where the wall exists. I don't think that would be a wise move on the Commission's part. The options that you all have are to again, tear down the wall, or maintain it in such a way that it doesn't produce a safety hazard for the public." Manager Smith added, "There is an option Commissioners though, if I understand Commissioner Resnick correctly to give the Committee the ability to look at an option that would include repairing the wall. There is a mechanism to do that,that would not necessitate vacation of the right-of-way. It would be simply the creation of an Assessment District that would keep the wall portions in the right-of-way, yet be insured and covered by the Assessment Program, similar to what we do with Oak Forest right now. So, that avenue is available if this Commission desires to go that route, but the first question is whether or not you'd like to - add to the Resolution to give that additional scope of duties." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JUNE 11,2012 PAGE 15 OF 20 Discussion followed on the original Motion and the option to possibly not tear down the existing wall or rebuild, and that after a Motion is made, it belongs to the City Commission. "I AM JUST READY TO APPROVE THIS ITEM WITH THE OPTION OF SEVEN (7) — WITHOUT CHANGING IT, JUST THE WAY IT IS." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MAYOR LACEY SUMMARIZED, "THE MOTION IS TO APPROVE THE RESOLUTION AS PRESENTED WITH THE SELECTION OF ITEM 2., SEVEN (7) MEMBERS, COMPOSING THE COMMITTEE WHICH IS ONE (1) FROM EACH OF THE FIVE (5) COMMISSIONERS, PLUS MAYOR,PLUS ONE (1)AT LARGE APPOINTMENT." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. Further regarding this same Agenda Item, Manager Smith stated, "The Commission may recall at the last meeting under this item's discussion, a concern was expressed by myself and shared by this body relative to the health and safety of the wall; and I believe that the Commission was agreeable and I am asking, to Staff looking at that issue. Relative to that point, I have a concern with the 150 or so feet of the wall that the City Engineer had previously articulated — and our Urban Beautification Manager, was in some state of immediate disrepair that needed immediate attention. I am not an Attorney but I think that our Attorney will advise that such notice of that state of a wall that is existing within our right-of-way,requires some action on our part,post-haste. What I am suggesting to you all is that I have an incumbent duty to tear down the 150 or so feet of the wall that currently exists within the City right-of-way." Manager Smith added, "Under any scenario that we've discussed, be it tear down a wall, or be it an Assessment District, the 150 or so feet of wall coming down was part of each discussion. So, what I'm advising you all is that hearing no concern from you all, Staff intends to move forward with the removal of the 150 feet or so, within our City right-of-way, in the interest of the health and safety of the citizens." Mayor Lacey then stated,"There was some of the wall that was in the right-of-way and some of the wall that was touching the right-of-way—is all 150 feet in the right-of-way?" Manager Smith stated, "No." Mr. Fields explained, "It's a mixture. The portions that need to be removed of the 150 feet—what it is, is there are five (5) corner locations that are in the severest condition; and there's about 150 feet that's damaged; and what I advised the City Manager is to look at the possibility of removing essentially those five (5) corners; which if you add plus or minus 20 feet at each of those five (5), it brings the total up to about 250 feet in the wall to remove that entire corner, but that's what I would recommend — up to that amount and we're ready to proceed with that." Mayor Lacey asked, "Is any of it in private property?" Mr. Fields said, "Yes. It's in private property; it's in the Easement and in the right-of-way." Mayor Lacey added, "So, for private property, you need permission..." Mr. Fields continued, "...Yes, that's what I think part of that is to go ahead and request a right of entry on those private properties to allow us to go in and perform that demolition." Commissioner Krebs stated, "I was going to try and make that part of the Motion also." Commissioner Krebs added, "You have got to do what you have got to do. We have got to do that as a City for protection of the citizens and the property." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JUNE 11,2012 PAGE 16 OF 20 Manager Smith said, "Mayor, am I hearing any concern with..." Mayor Lacey said to Manager Smith, "...I think you have got a duty to perform and the Commission is not going to stand in the way of you performing your duty." Mayor Lacey then said to the City Commission, "Agreed?" No objections were noted. REGULAR 601. Office of the City Manager REQUEST: The City Manager is requesting that the City Commission set a FY 2013 Budget Workshop date(s), for consideration of the FY 2013 Budget. FISCAL IMPACT: The workshop will determine the fiscal impact of this agenda item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff,and is available on the City's Website,LaserFiche,and the City's Server.Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche,and the City's Server; has been sent to applicable City Staff,Media/Press Representatives who have requested Agendas/Agenda Item information,Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five(5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. The Budget Workshop will be posted on the City Hall electronic sign and via eAlert. RECOMMENDATION: City Manager recommends that the City Commission establish a workshop date(s) for consideration of the FY 2013 Proposed Budget. Discussion ensued on possible dates for Budget Workshops. Manager Smith explained, "The Tentative Millage needs to be set by August 4th, (2012) so we typically do that at our second meeting in July." Mayor Lacey stated, "6:00 p.m.,July 16th, (2012)with an alternate date of July 17t1i, (2012), if needed; again at 6:00 p.m. Of the three(3)of you here, is that a good date and time?" Mayor Lacey then asked if Commissioner Brown had noted if he was agreeable to those dates; to which Manager Smith stated, "Commissioner Brown advised me after reviewing the Agenda that - those dates are agreeable to him." No objections were noted. Mayor Lacey added to Manager Smith,"You have got the dates." PUBLIC INPUT No one addressed the City Commission at this time. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JUNE 11,2012 PAGE 17 OF 20 In other City business, discussion followed on the City Commission including in each Agenda, a second Public Input section, and that some people speak during both sessions of Public Input. ❖❖ AGENDA NOTE: THE FOLLOWING DISCUSSION PERTAINED TO REGULAR AGENDA ITEM "600", WHICH WAS HEARD NEXT AS DOCUMENTED, IN ADDITION TO WHAT WAS PREVIOUSLY NOTED ON PAGES 12-16 OF THESE MINUTES. ❖❖ REGULAR AGENDA REGULAR 600. Office of the City Manager REQUEST: The City Manager is requesting the City Commission approve Resolution 2012-16 providing for the creation of the Tuscawilla Unit 12/12A Wall Ad Hoc Advisory Committee. FISCAL IMPACT: Consistent with other City Advisory Boards/Committees, the Tuscawilla Unit 12/12A Wall Ad Hoc Advisory Committee members would be volunteers who would not be paid for their services. The Office of the City Clerk's tasks for the administration of this committee include agenda preparation and meeting coordination; meeting set-up, clerking,and wrap-up; and preparation of minutes. Costs for these required Clerk tasks are expected to be approximately $360 per (estimated 2 hour) meeting. Other staff costs include City Attorney,City Manager,City Engineer,City Urban Beautification Manager,etc.and will vary in cost based on frequency of need and use. 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: Provide guidance regarding the desired makeup of the Tuscawilla Unit 12/12A Wall Ad Hoc Advisory Committee, and Approve Resolution 2012-16, inclusive of the approved committee makeup. RELATED TO AN APPOINTMENT TO THE "TUSCAWILLA UNIT 12/12A WALL AD HOC ADVISORY COMMITTEE"THAT WAS JUST APPROVED, COMMISSIONER RESNICK NOTED HE HAD A NAME TO PRESENT AS HIS APPOINTMENT AND STATED IT WAS "GARY BROOK". MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—JUNE 11,2012 PAGE 18 OF 20 VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Additionally, Manager Smith then referenced another aspect related to this Regular Agenda Item "600" and stated. "Relative to SECTION II. (b), the Resolutions dictates that a Final Report shall be completed by a date certain- Staff did not incorporate a date into this because I wanted to have that discussion with you all. So, what I'm asking for, is there a deadline that you all would like to put on their submission of the Final Report? I would recommend that we do give them sufficient time." Discussion followed on a possible timeline of ninety (90) or 120 days. Asked for his thoughts, Manager Smith noted, "I would say that 120 days is probably reasonable because there is the additive language that additional time could be granted by this Commission." With further comments, Attorney Garganese said, "You can set a date certain, or you can make it from a date certain from the time that the last Appointee is made or you can make it 120 days from the date of the Adoption of the Resolution. It's up to you." Mayor Lacey suggested that a hard date be decided upon. "I WILL MAKE THE MOTION TO MAKE NOVEMBER 12TH OUR HARD DATE FOR OUR AD HOC COMMITTEE TO ADVISE US." MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR LACEY SUMMARIZED THAT THE "TUSCAWILLA UNIT 12/12A WALL Al) HOC ADVISORY COMMITTEE" - `BE GIVEN A DATE CERTAIN OF NOVEMBER 12TH FOR THEIR FINAL REPORT." Tape 2/Side B COMMISSIONER KREBS COMMENTED, "CAN WE GET IN THERE THAT THEY HAVE THE OPTION OF ADDING ADDITIONAL TIME SHOULD THEY NEED IT." ATTORNEY GARGANESE MENTIONED,"THEY CAN REQUEST ADDITIONAL TIME FROM THE COMMISSION." VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. Note: The following vacancy issue was also discussed earlier during this meeting by the City Commission under "Reports". Commissioner Resnick asked further about the issue of the open Commission Seat and stated, "I just want to make sure that we were all clear that when Commissioner Brown is back next time -we are all here,that is when we will make our decision on who will be taking over this Seat; and we have at least three (3) names of people who stepped forward tonight." Mayor Lacey suggested more might come forward. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JUNE 11,2012 PAGE 19 OF 20 Commissioner Hovey stated, "I like that idea—especially since we have had people step up to the plate tonight. Now, I did know Avery (Smith) was interested. Mr. Kaprow— I didn't know he was interested. I did not even know Mr.Kaprow. Can we get some kind of information from them—maybe send it to Andrea(Lorenzo-Luaces) and she can forward it to us —their background and why they think they would be a good Commissioner to fill this Seat..." Mayor Lacey added, "...That was going to be my last suggestion before we adjourned tonight that if we are going to put it off until another meeting, that we establish something of the rules of how we want to proceed and that would be at least one of them — do we want to request an Application from each of these people?" Commissioner Resnick mentioned backgrounds; Mayor Lacey referenced background checks for Advisory Board and Committee Members; and Commissioner Hovey commented that she would be interested in information related to why someone would be a good candidate for this Commission Seat. Discussion followed on an Application; and Mayor Lacey noted, "The Commission will be free to make selections under any criteria they want." Commissioner Krebs and Commissioner Resnick then suggested a Bio with qualifications and community service noted. Mayor Lacey commented on the City's current Advisory Boards and Committees Application and asked the City Clerk, "Could you modify that Application to be appropriate for a Commission Seat?" City Clerk Lorenzo-Luaces responded, "The Application was put together by Mr. Garganese's office, so I could work with them,just make sure they concur;but sure." Commissioner Hovey suggested that the same Application used for Boards/Committees be completed and that a Bio be also included. Commissioner Krebs agreed. Commissioner Resnick added that he agreed with a Bio and community service information. Commissioner Hovey noted her agreement with this. Mayor Lacey clarified, "And again, the Commission will be the judge of whether it is sufficient or not; so, I don't think we need to dictate what it looks like." Continuing, Commissioner Hovey added, "Are we going to request that information by next Monday, so we have some time to look at it?" Commissioner Krebs stated, "We can do whatever you want." Mayor Lacey noted, "We need to advertise it in some manner, on the Website, or other means." Commissioner Hovey suggested, "An e-blast." Mayor Lacey reiterated, "Put out an e-blast— let people know and Andrea (Lorenzo-Luaces) will have some kind of a form available for people." City Clerk Lorenzo-Luaces reiterated, "You would like a Bio, we're going to advertise it, and you would like the deadline by next Monday..." Commissioner Krebs added, "...And the Bio to include such things as community service..." City Clerk Lorenzo-Luaces asked, "...By close of business next Monday? Noon? What is your preference?" Mayor Lacey noted, "June 18t, (2012)." City Clerk Lorenzo-Luaces added, "The deadline — by Noon on June 18th,(2012)?" Commissioner Hovey asked, "Can we do it by Noon on June 18th, (2012)?" Further comments followed on providing the information to Commissioner Hovey. Manager Smith asked, "So, can I infer from this discussion that you all want an Agenda Item to make a decision on June 25th,(2012)?" Commissioner Resnick, Commissioner Krebs, and Commissioner Hovey stated"Yes." Commissioner Krebs said to Commissioner Hovey, "If we have it when the rest of the packet is due for the following meeting, it will be put in your box and you will get it right there on your computer; would that be okay?" Commissioner Krebs then noted, "If you could also add that—with the (Agenda) Item." Commissioner Hovey noted, "Andrea (Lorenzo-Luaces) is just going to email that to me." Additionally, Commissioner Hovey said,"That is fine." Further comments. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—JUNE 11,2012 PAGE 20 OF 20 City Clerk Lorenzo-Luaces recapped, "We are going to hold off and compile all the Applications, and then we will send it out once we get them uploaded. But of course, if you want to see them as we get them in,you just let me know and we'll do that." Mayor Lacey stated, "Yes." ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 7:39 p.m. RESPECTFULLY SUBMITTED: • .D ►-ORENZO-LUACES,MMC CI LE APPROVED: - MAYO' CHARL 'EY NOTE: These Minutes were Approved at the June 25,2012 City Commission Regular Meeting.