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HomeMy WebLinkAbout2012 07 23 Consent 203 Requesting Approval of the City Commission Regular Meeting Minutes from July 9, 2012 COMMISSION AGENDA Informational Consent X ITEM 203 Public Hearings g Regular July 23, 2012 ALLL Regular Meeting City Manager Department REQUEST: Requesting the City Commission Approve the Monday, July 9, 2012 City Commission Regular Meeting Minutes. SYNOPSIS: One of the responsibilities of the City Clerk is to provide the Mayor and City Commission with a submittal of all Meeting Minutes, as soon after a City Commission meeting as possible; so, that it is a reminder to the Mayor and City Commission, as to what transpired at their most recent meeting, and also provides a record of the actions and directives of the City Commission, for the future, and which becomes the official record. If the City Commission is in agreement with what the City Clerk provides in these Minutes, then the City Commission would be asked to Approve the Minutes, as submitted. Should the Mayor and/or City Commission feel something is not appropriately documented in these Minutes, then a Motion would be appropriate to have the Minutes changed to reflect what the majority of the City Commission would prefer. CONSIDERATIONS: This Agenda Item includes the Minutes from the Monday, July 9, 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 Consent 203 PAGE 1 OF 2-July 23,2012 Approval by the City Commission. 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, July 9, 2012 City Commission Regular Meeting Minutes. ATTACHMENTS: A - Unapproved copy of the Monday, July 9, 2012 City Commission Regular Meeting Minutes (16 pages) Consent 203 PAGE 2 OF 2-July 23,2012 ATTACHMENT 'A' r CITY OF WINTER SPRINGS, FLORIDA • Incorporated • 199 .'L O RIN*. CITY COMMISSION MINUTES REGULAR MEETING MONDAY, JULY 9, 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 Commissioner S. Avery Smith — Seat Three Commissioner Cade Resnick- Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 9,2012 PAGE 2 OF 16 CALL TO ORDER The Regular Meeting of Monday, July 9, 2012 of the City Commission was called to Order by Mayor Charles ' Lacey at 5:17 p.m. in the Commission Chambers of the Municipal Building(City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor Charles Lacey, present Commissioner Jean Hovey,present Commissioner Rick Brown,absent Commissioner S. Avery Smith,present Commissioner Cade Resnick,present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith,present City Attorney Anthony A. Garganese, present City Clerk Andrea Lorenzo-Luaces,present A moment of silence was held. 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, LaserFichc,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-JULY 9,2012 PAGE 3 OF 16 "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CONSENT AGENDA °�'�°' d CONSENT frt..) 200. Community Development Department-Urban Beautification Services Division REQUEST: The Community Development Department, Urban Beautification Division, is requesting that the City Commission review the US 17-92 Corridor Redevelopment Agency's Revised Master Plan and approve Resolution 2012-17 in support of the revisions. FISCAL IMPACT: There are no cost impacts related to the approval of Resolution 2012-17, however, enhancements to the CRP have the potential to promote redevelopment projects that will likely increase taxable values of properties within the City of Winter Springs,which are also located along and inside the US 17-92 CRA. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff,and is available on the City's Website,LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche,and the City's Server; has been sent to applicable City Staff,Media/Press Representatives who have requested Agendas/Agenda Item information,Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore,this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission approve Resolution 2012-17 in support of the revised US 17-92 CRA Master Plan. There was no discussion on this Agenda Item. CONSENT 201. 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. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 9,2012 PAGE 4 OF 16 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff,and is available on the City's Website,LaserFiche,and the City's Server.Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, CM 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. No discussion. CONSENT 202. Office of the City Clerk REQUEST: Requesting the City Commission Approve the Monday, June 25, 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 Monday, June 25, 2012 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 9,2012 PAGE 5 OF 16 It=1 "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER RESNICK. ror41 SECONDED BY COMMISSIONER KREBS. DISCUSSION. C=6 VOTE: COMMISSIONER KREBS: AYE =Lai COMMISSIONER RESNICK: AYE COMMISSIONER SMITH: AYE wiett! COMMISSIONER HOVEY: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used REPORTS REPORTS 400. Office of the City Attorney—Anthony A. Garganese,Esquire No Report. REPORTS 401. Office of the City Manager—Kevin L. Smith City Manager Kevin L. Smith mentioned that the Florida League of Cities was asking for cities to nominate a Voting Delegate for the Florida League of Cities Annual Conference being held in August and asked if the City Commission wanted to make a Nomination. "I MAKE A MOTION FOR MAYOR LACEY TO BE OUR VOTING DELEGATE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. VOTE: COMMISSIONER SMITH: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Secondly, Manager Smith stated, "I just want to publicly thank the entire team, specifically Mr. Brian Dunigan, (Recreation and Special Events Coordinator, Parks and Recreation Department) and Mr. Chris Caldwell, (Director, Parks and Recreation Department) for the outstanding job, I believe, they did with the Fourth of July Event this past Wednesday." Manager Smith commented on other Departments contributions and that the Fourth of J uly Event did not cost anything to the taxpayers. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 9,2012 PAGE 6 OF 16 Mayor Lacey thanked Manager Smith and the team for their efforts. REPORTS 402. Office of the City Clerk—Andrea Lorenzo-Luaces,MMC City Clerk Andrea Lorenzo-Luaces mentioned that in the past, she had been directed by a previous City Commission to provide a preliminary version of the Qualifying Documents for the City Commission to review as an Informational Agenda Item in late July or early August, and wondered if the Mayor and City Commission still wanted an Agenda Item on these documents? Mayor Lacey suggested, "I would be perfectly content just requesting, if I need to see them; from my point of view, I don't think you need to provide them to everyone." Commissioner Joanne M. Krebs stated, "From my point of view,just email them to me is fine." Commissioner Cade Resnick nodded in agreement. Commissioner Jean Hovey added, "email is good." REPORTS 403. Office of Commissioner Seat Three—The Honorable S.Avery Smith No Report. REPORTS 404. Office of Commissioner Seat Four-The Honorable Cade Resnick Commissioner Resnick also spoke favorably about the Fourth of July Event, thanked the Police Department for taking care of the attendees and the community, and also thanked the Parks and Recreation Depaltment. Commissioner Resnick then suggested,"For the future,one of the things that did disturb me a little bit was talking with neighbors within Winter Springs and they said they were going to one of our neighboring cities; and so I have spoken with Mr. Caldwell about possible ways to continue advertising still at no cost to the citizens, but to continue advertising some way to get people to turn into Central Winds Park, and not keep going." Commissioner Resnick noted that he would be attending the Oviedo-Winter Springs Regional Chamber of Commerce luncheon on Thursday, July 12, 2012. Mayor Lacey noted that he also was planning to attend. REPORTS 405. Office of Commissioner Seat Five—The Honorable Joanne M.Krebs Commissioner Krebs offered her Congratulations to Commissioner Smith. Next, Commissioner Krebs thanked Mr. Caldwell and his colleagues for the great Fourth of July Event; and agreed with Manager Smith's comments. Commissioner Krebs complimented the talent competition and noted that the son of our City Engineer, Brian Fields' electric guitar rendition of the National Anthem was"Very nice." Commissioner Krebs mentioned that she had some booklets related to adult play equipment that she had received and wanted to give them to Mr. Caldwell and said to Mr. Caldwell, "If you would like to go over it with me sometime, 1 would love to go over them." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 9,2012 PAGE 7 OF 16 Continuing, Commissioner Krebs then mentioned to the City Commission that last week, she attended a meeting with residents of Tuscawilla Units 12/12A and that she was asked to"shepherd"the Wall issue for these residents and was planning to attend the upcoming Tuscawilla Units 12/12A Wall Ad Hoc Advisory Committee meetings. Commissioner Krebs also mentioned that during a review of all the Minutes from City Commission Workshops and Meetings on this matter, that she thought there seemed to be some ambiguity and asked City Attorney Pa Anthony A. Garganese how the City Commission could make some possible changes to what the Ad Hoc Committee could consider and how could the Ad Hoc Advisory Committee have any change(s) in writing. ask Attorney Garganese explained, "The Commission would need to modify the scope of duties that were assigned, pursuant to the Resolution." Attorney Garganese suggested a Motion be made"To modify the scope of duties and arm--) we could formalize at the next meeting." Further, Attorney Garganese added, "It's an Ad Hoc Committee, the scope of duties have been identified by the Commission. The Commission has the authority to modify." Commissioner Krebs remarked, "I want them to be able to bring back that, that Wall could stay where it is, it could be maintained." Additionally, Commissioner Krebs mentioned her interest in handling this now and added, "I think it is important and I think that they need to know that, they need to know that they have more latitude than what they have and that nobody is going to take that Wall down without them going through the vetting process and so I want them to do that." Further comments followed on Commissioners assisting in such a capacity in the past. Commissioner S. Avery Smith commented on liability and noted, "There are mechanisms that are fairly easy in which to fix that, that the citizens I think should have a right to explore that." Commissioner Krebs agreed and suggested, "If they come up with four(4) different possible ways to do it, they should present all four(4)to us to look at." Commissioner Smith added, "I agree with that. I think that if they have the option looking at the liability issue which I think was a big consideration on the Commission's part and as well as the no expenditure of City funds,they have a wide latitude with what they are allowed to do to keep the existing Wall; and they can also look at the Code on the performance side, rather than the prescriptive side in how to meet the current Code and that would give them the latitude to do that." Commissioner Krebs agreed and said, "Right." Commissioner Resnick also noted his agreement. Manager Smith mentioned possible new options and Commissioner Krebs suggested, "Keep the current Wall" and/or "They could keep the Wall in the place that it is at and replace it, if that is what they chose." Manager Smith added, "Currently, they have the ability under the current Resolution,to have the Wall torn down and then rebuilt. So, I think I'm hearing you all seeking to give them additional latitude that will include keeping the current Wall and the mechanisms, liability, so on and so forth to be worked out accordingly." Commissioner Krebs remarked, "Right." As to City funds, Commissioner Krebs said, "I always thought from the last one, that it was at no expenditure of City funds. But,that is not to say they couldn't come back and ask for that." Attorney Garganese then pointed out that Commissioner Krebs seemed to be in favor of giving the Ad Hoc Advisory Committee the latitude to come back with recommendation. Commissioner Krebs stated, "Specifically, to keep that Wall where it is or keep the Wall as it is, but to be able to maintain it and of course, liability—there may need to be an Assessment District in place. That may be what is required by the City. We need to know what the City requirements would be." Continuing the discussion, Attorney Garganese reviewed the current Resolution and possible parameters. Discussion followed on the Wall, and other options. CITY OF WINTER SPRINGS,FLORIDA MINUTES CrTY COMMISSION REGULAR MEETING-JULY 9.2012 PAGES OF 16 Commissioner Hovey noted she had spoken with some residents and said, They just want to have that option. It is still ultimately up to us what we want to do - but to be able to maybe give them an option which would be "C' or whatever it is." Commissioner Hovey added, "I agree with you and I would agree to having you attend the meetings." Mayor Lacey suggested, "We give the Committee — as broad latitude as possible within my mind. Two (2) constraints. One (1) is that it still be at no cost out of the general treasury of the City and that in some fashion, - that the Lawyers can decide how we do it, but the City retains no further liability for the Wall however it is, whether it is a new Wall or a rebuild of the existing Wall." —° Attorney Garganese said, "As I understand it, you want to give the Committee more latitude so that would require to modify that last sentence that I read in under section II. (a), to read something like— `Upon conclusion of this review, the Committee shall recommend either the replacement, repair, or removal of the Wall. Such recommendations shall address the technical and financial aspects of the recommendation, subject to the following constraining parameters: no cost to the City and no further liability imposed on the City'." Mayor Lacey, Commissioner Krebs, and Commissioner Resnick agreed with this verbiage. Mayor Lacey then said, "I would suggest the next move would be a Motion to essentially instruct Staff and Anthony (Garganese)to prepare a modification along the terms as Anthony(Garganese)outlined it." "I MAKE THAT MOTION." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER SMITH: AYE MOTION CARRIED. "I WILL MAKE THE MOTION THAT COMMISISONER KREBS ATTEND THOSE MEETINGS ON OUR BEHALF." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. MAYOR LACEY SUMMARIZED, "THAT JOANNE KREBS BE DESIGNATED AS THE COMMISSION'S LIAISON" TO THE TUSCAWILLA UNITS 12/12A WALL AD HOC ADVISORY COMMITTEE. VOTE: COMMISSION SMITH: AYE COMMISSIONER RESNICK: AVE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 9,2012 PAGE 9 OF 16 C=3 REPORTS 406. Office of the Mayor-The Honorable Charles Lacey C=5, Mayor Lacey offered his Congratulations to Commissioner Smith. 1:21.4 Secondly, Mayor Lacey recognized Mr. Caldwell, Mr. Dunigan, and Mr. Mike Barclay, Recreation oteu Superintendent, Parks and Recreation Department and thanked the Parks and Recreation Department for the Celebration of Freedom Event coming in at zero dollars ($0) and everybody having a good time and added, "Thank you to you three gentlemen so much." REPORTS 407. Office of Commissioner Seat One-The Honorable Jean Hovey Commissioner Hovey welcomed Commissioner Smith. Next, Commissioner Hovey commented on the great Fourth of July Event also. REPORTS 408. Office of Commissioner Seat Two-The Honorable Rick Brown Absent. PUBLIC INPUT Mr. Gary W Brook, 1631 Wood Duck Drive, Winter Springs, Florida: thanked Commissioner Krebs for attending their neighborhood meeting; and also thanked the City Commission for their willingness to broaden the Ad Hoc Committee's charge. Mr. Tim Jones, 1600 White Cloud Court, Winter Springs, Florida: remarked about the Tuscawilla Units 12/12A Wall issue and thought the modification to the Resolution was a good decision; and also thanked the City Commission for their assistance with the modification. Ms. Isabelle Laub, 13 72 Blue Spruce Court, Winter Springs, Florida: complimented the City on all the aspects of the Fourth of July Event and thanked the City for a great event. Ms. Virginia Cassady, 1629 Wood Duck Drive, Winter Springs, Florida: commented on the Tuscawilla Units l2/12A Wall and thanked Commissioner Krebs for her assistance. Secondly, Ms. Cassady spoke on the credentials of Commissioner Smith and due diligence by the City. Brief comments. Mr. Ken Greenberg, 1635 White Dove Drive, Winter Springs, Florida: also said he appreciated Commissioner Krebs' assistance attending their recent meeting, and thanked the City Commission for broadening the Resolution related to the Tuscawilla Units 12/12A Wall. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—JULY 9,2012 PAGE 10 OF 16 Mr. Robert Roop, 995 Sleeping Rock Court, Winter Springs, Florida:: thanked Commissioner Krebs for her assistance, along with the City Commission; and suggested that when the Wall was first built, the builder probably charged the residents back then for the Wall. Commissioner Krebs thanked everyone for their appreciation and added, "I want to also say that I am one (1). It was a collective Vote and I was happy to bring this back to the board to re-discuss; and everybody made that decision." PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office of the City Attorney,Police Department,And Community Development Department REQUEST: On behalf of the Police Department and Community Development Department,the City Attorney requests the City Commission hold a public hearing for First Reading of Ordinance 2012-09,which provides zoning and locational requirements for pain management clinics as defined by City Code. FISCAL IMPACT: There is no fiscal impact resulting from the adoption of this Ordinance except for legal advertising required by Florida law. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff,and is available on the City's Website,LaserFiche,and the City's Server.Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche,and the City's Server; has been sent to applicable City Staff,Media/Press Representatives who have requested Agendas/Agenda Item information,Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five(5) different locations around the City. Furthermore,this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Attorney, Police Department, and Community Development Department recommend that the City Commission approve Ordinance 2012-09 on First Reading and move it to a Second Reading at the next regularly scheduled City Commission meeting. Commissioner Hovey said,"Do you want a Motion to read by"Title"only?" "SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read the Ordinance by"Title"only and presented some information related to this Ordinance. Tape 1/Side B CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 9,2012 PAGE 11 OF 16 With further comments,Attorney Garganese added, "There will be another companion Ordinance that we'll be proposing with some operational restrictions on these establishments at a future Commission meeting, likely to occur in the next meeting or two(2)." Mayor Lacey opened the "Public Input"portion of the Agenda Item. No one spoke. -a Mayor Lacey closed the "Public Input"portion of the Agenda Item. "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE COMMISSIONER SMITH: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Office of the City Clerk REQUEST: The City Clerk respectfully requests that the remaining Appointments be made to the Tuscawilla Units 12 12A Wall Ad Hoc Advisory Committee. FISCAL IMPACT: There is no fiscal impact to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff,and is available on the City's Website,LaserFiche,and the City's Server.Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche,and the City's Server; has been sent to applicable City Staff,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 City Commission at a recent City Commission noted their interest in having residents Appointed to this Ad Hoc Committee,and asked that an Advisory Boards and Committees Application be completed. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 9,2012 PAGE 12 OF 16 RECOMMENDATION: For the remaining seats on this seven (7) Member Ad Hoc Committee, Commissioners are respectfully requested to make individual Motions for each of the remaining Appointments. Mayoral Appointment - ,41 Mayor Charles Lacey Seat One Appointment - To Be Made By Commissioner Jean Hovey Seat Three Appointment - To Be Made By Commissioner S. Avery Smith Seat Five Appointment - To Be Made By Commissioner Joanne M. Krebs: At-Large Appointment: "The City Commission by majority vote shall appoint one (1) member at-large." Any Appointments not made at this meeting can be made at forthcoming City Commission meetings. "I WOULD LIKE TO NOMINATE JACK RUTHERFORD" TO THE TUSCAWILLA UNITS 12/12A WALL AD HOC ADVISORY COMMITTEE. MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER SMITH: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. "I WANTED TO APPOINT JOHN SUNDMAN" TO THE TUSCAWILLA UNITS 12/12A WALL AD HOC ADVISORY COMMITTEE. MOTION BY COMMISSIONER SMITH. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER SMITH: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. "I WOULD LIKE TO APPOINT JON LEE" TO THE TUSCAWILLA UNITS 12/12A WALL AD HOC ADVISORY COMMITTEE. MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER SMITH: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. Mayor Lacey brought up the name of Mr. Ken Greenberg for the Mayoral Appointee. "I WOULD LIKE TO NOMINATE KEN GREENBERG" AS THE MAYORAL APPOINTMENT FOR THE TUSCAWILLA UNITS 12/12A WALL AD HOC ADVISORY COMMITTEE. MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 9,2012 PAGE 13 OF 16 MAYOR LACEY SUMMARIZED THE MOTION, "KEN GREENBERG TO THE MAYOR'S APPOINTMENT." VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER SMITH: AYE gre COMMISSIONER KREBS: AYE MOTION CARRIED. Mayor Lacey then mentioned the remaining At-Large Appointment and asked the City Commission to think about this Appointment and "Come back in two (2) weeks and come up with a Nomination to fill out the Committee. Andrea (Lorenzo-Luaces), would you make sure that is on the Agenda and send out ticklers." City Clerk Lorenzo-Luaces nodded in agreement. Further brief discussion followed on the first meeting of Tuscawilla Units 12/12A Wall Ad Hoc Advisory Committee. REGULAR 601. Office of the City Clerk REQUEST: The City Clerk requests that Members of the City Commission (depending on the applicable Advisory Board/Committees) make the remaining Appointment(s)/Reappointment(s) related to the Terms of Office which will be expiring in July 2012. FISCAL IMPACT: There is no fiscal impact to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff,and is available on the City's Website,LaserFiche, and the City's Server.Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche,and the City's Server; has been sent to applicable City Staff,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 May 2012, all of the Board and Committee Members whose Term of Office is expiring, or whose Term of Office is due for an Appointment/Reappointment as documented in this Agenda Item, have been contacted. Additionally, the Mayor and City Commission have been provided with the same information. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 9,2012 PAGE 14 OF 16 RECOMMENDATION: Commissioners are respectfully requested to make individual Motions for each Nomination. Appointment/Reappointment to be made by Commissioner Jean Hovey: • Seat currently held by Howard Casman—Planning and Zoning Board/Local Planning Agency Appointments/Reappointments to be made by Commissioner S.Avery Smith: • Seat currently held by Carole Giltz—Code Enforcement Board • Seat currently held by Rosanne Karr(who is Termed Out)— Planning and Zoning Board/Local Planning Agency Appointments/Reappointments to be made by Commissioner Cade Resnick: • Seat currently held by Alice Bard (who is Termed Out)— Beautification of Winter Springs Board • Seat currently held by Carolyn Wolf—Tuscawilla Lighting and Beautification District Advisory Committee Appointments/Reappointment to be made by Commissioner Joanne M.Krebs: • Seat currently held by Suzanne Walker—Planning And Zoning Board/Local Planning Agency Appointment/Reappointment which can be made by ANY Commissioner: • Seat currently held by Laurie Calhoun—Code Enforcement Board "I WOULD LIKE TO REAPPOINT HOWARD CASMAN" TO THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY. MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER SMITH: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. "I WOULD LIKE TO REAPPOINT CAROLE GILTZ" TO THE CODE ENFORCEMENT BOARD. MOTION BY COMMISSIONER SMITH. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER SMITH: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 9,2012 PAGE 15 OF 16 "I WOULD LIKE TO REAPPOINT MS. CAROLYN WOLF" TO THE TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. MOTION BY COMMISSIONER CIICZ HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: utzt COMMISSIONER SMITH: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. "I WOULD LIKE TO REAPPOINT THE NEWEST MEMBER SUZANNE WALKER" TO THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY. MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER SMITH: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. Discussion followed on the remaining Appointments and the City Clerk mentioned she would bring them back at the next Meeting; to which Commissioner Smith said"Yes." No objections were voiced. In other City business, Commissioner Hovey asked about Election signage and thought that some kind of a Moratorium was done two(2)years ago so that Police Officers did not have to pick up every sign they saw. Discussion followed with Captain Chris Deisler. Commissioner Hovey inquired if this matter and a possible Moratorium could be added to the next Agenda. Mayor Lacey added, "If you want it on the Agenda Commissioner Hovey, it will be on the Agenda." Mr. Stevenson commented on this issue and noted, "A lot of these temporary signs, or political signs are allowed in different size variations, whether it's residential or commercial property, outside of the right-of-way with the property owner's permission. Obviously, certain signages over a certain size do still need to be permitted simply because they have wind load calculations." Mr. Stevenson added, "I think we've taken some great strides into that;we'll certainly take another look at it, if the Commission so desires." Mayor Lacey asked, "The Moratorium two years ago applied to the right-of-way also, did it not?" Mr. Stevenson responded, "That's correct." Continuing, Mayor Lacey said, "So now, if Captain Deisler goes out and sees a sign on the right-of-way, he is going to take it out of the right-of-way." Mr. Stevenson agreed and commented, "That's correct." With further comments, Commissioner Hovey said, "Maybe before we put it on the Agenda Andrea (Lorenzo- Luaces), can you research it and see what we did two (2) years ago?" City Clerk Lorenzo-Luaces nodded in agreement. Mayor Lacey added, "I think time is of the essence if we are going to do anything, we need to be prepared at the next meeting." Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department remarked, "Mayor and Commission,we will also research our records to see exactly where the right-of-way situation falls there." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—JULY 9,2012 PAGE 16 OF 16 caricu Discussion. Mr. Stevenson explained, "Primarily, the reason for the size requirements, because there are wind loadings on f=c4 those signs and we want to make sure they're installed properly, but below nine square feet in commercial and six square feet in residential,they're allowed." Commissioner Resnick added, "And it is a standard size, as long as it is not in the right-of-way, you are leaving ffs: them where they are, for now." Mr. Stevenson stated, "Right." With further remarks, Mayor Lacey commented, "Let us get some facts and I would ask the Staff to be prepared to bring it forward in a couple of weeks, so the Commission can act." Commissioner Krebs mentioned she had received some vague emails from a Susan Gordon about meeting with her boss. Other Commissioners noted they also had received similar emails. Brief discussion. PUBLIC INPUT No one addressed the City Commission at this time. In other City business, Mayor Lacey mentioned that there is a City Commission Workshop on the Budget scheduled for next Monday, July 16, 2012 at 6:00 p.m.; and if needed, a follow-up City Commission Workshop could be held the following evening on Tuesday,July 17,2012. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:19 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, MMC CITY CLERK APPROVED: MAYOR CHARLES LACEY NOTE: These Minutes were Approved at the ,2012 City Commission Regular Meeting. CITY OF WINTER SPRINGS, FLORIDA 44 1. TEt4S 04 ��, >. Z U w Incorporated ' 1959 .4`OR`DP. CITY COMMISSION MINUTES REGULAR MEETING MONDAY, JULY 9, 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 Commissioner S. Avery Smith — Seat Three Commissioner Cade Resnick- Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 9,2012 PAGE 2 OF 16 CALL TO ORDER The Regular Meeting of Monday, July 9, 2012 of the City Commission was called to Order by Mayor Charles Lacey at 5:17 p.m. in the Commission Chambers of the Municipal Building(City Hall, 1126 East State Road 434, Winter Springs,Florida 32708). Roll Call: Mayor Charles Lacey,present Commissioner Jean Hovey, present Commissioner Rick Brown, absent Commissioner S.Avery Smith,present Commissioner Cade Resnick,present Commissioner Joanne M.Krebs,present City Manager Kevin L. Smith,present City Attorney Anthony A.Garganese,present City Clerk Andrea Lorenzo-Luaces,present A moment of silence was held. 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-JULY 9,2012 PAGE 3 OF 16 "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CONSENT AGENDA CONSENT 200. Community Development Department-Urban Beautification Services Division REQUEST: The Community Development Department, Urban Beautification Division, is requesting that the City Commission review the US 17-92 Corridor Redevelopment Agency's Revised Master Plan and approve Resolution 2012-17 in support of the revisions. FISCAL IMPACT: There are no cost impacts related to the approval of Resolution 2012-17, however, enhancements to the CRP have the potential to promote redevelopment projects that will likely increase taxable values of properties within the City of Winter Springs,which are also located along and inside the US 17-92 CRA. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff,and is available on the City's Website,LaserFiche,and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche,and the City's Server; has been sent to applicable City Staff,Media/Press Representatives who have requested Agendas/Agenda Item information,Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five(5) different locations around the City. Furthermore,this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission approve Resolution 2012-17 in support of the revised US 17-92 CRA Master Plan. There was no discussion on this Agenda Item. CONSENT 201. 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. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 9,2012 PAGE 4 OF 16 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff,and is available on the City's Website,LaserFiche,and the City's Server.Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public,and posted at five(5)different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission approve the disposition of the attached list of surplus assets. No discussion. CONSENT 202. Office of the City Clerk REQUEST: Requesting the City Commission Approve the Monday, June 25, 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 Monday, June 25, 2012 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 9,2012 PAGE 5 OF 16 "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE COMMISSIONER SMITH: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used REPORTS REPORTS 400. Office of the City Attorney—Anthony A. Garganese,Esquire No Report. REPORTS 401. Office of the City Manager—Kevin L. Smith City Manager Kevin L. Smith mentioned that the Florida League of Cities was asking for cities to nominate a Voting Delegate for the Florida League of Cities Annual Conference being held in August and asked if the City Commission wanted to make a Nomination. "I MAKE A MOTION FOR MAYOR LACEY TO BE OUR VOTING DELEGATE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. VOTE: COMMISSIONER SMITH: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Secondly, Manager Smith stated, "I just want to publicly thank the entire team, specifically Mr. Brian Dunigan, (Recreation and Special Events Coordinator, Parks and Recreation Department) and Mr. Chris Caldwell, (Director, Parks and Recreation Department) for the outstanding job, I believe, they did with the Fourth of July Event this past Wednesday." Manager Smith commented on other Departments contributions and that the Fourth of July Event did not cost anything to the taxpayers. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 9,2012 PAGE 6 OF 16 Mayor Lacey thanked Manager Smith and the team for their efforts. REPORTS 402. Office of the City Clerk—Andrea Lorenzo-Luaces,MMC City Clerk Andrea Lorenzo-Luaces mentioned that in the past, she had been directed by a previous City Commission to provide a preliminary version of the Qualifying Documents for the City Commission to review as an Informational Agenda Item in late July or early August, and wondered if the Mayor and City Commission still wanted an Agenda Item on these documents? Mayor Lacey suggested, "I would be perfectly content just requesting, if I need to see them; from my point of view, I don't think you need to provide them to everyone." Commissioner Joanne M. Krebs stated, "From my point of view,just email them to me is fine." Commissioner Cade Resnick nodded in agreement. Commissioner Jean Hovey added, "email is good." REPORTS 403. Office of Commissioner Seat Three—The Honorable S.Avery Smith No Report. REPORTS 404. Office of Commissioner Seat Four-The Honorable Cade Resnick Commissioner Resnick also spoke favorably about the Fourth of July Event, thanked the Police Department for taking care of the attendees and the community, and also thanked the Parks and Recreation Department. Commissioner Resnick then suggested, "For the future, one of the things that did disturb me a little bit was talking with neighbors within Winter Springs and they said they were going to one of our neighboring cities; and so I have spoken with Mr. Caldwell about possible ways to continue advertising still at no cost to the citizens, but to continue advertising some way to get people to turn into Central Winds Park, and not keep going." Commissioner Resnick noted that he would be attending the Oviedo-Winter Springs Regional Chamber of Commerce luncheon on Thursday,July 12, 2012. Mayor Lacey noted that he also was planning to attend. REPORTS 405. Office of Commissioner Seat Five—The Honorable Joanne M.Krebs Commissioner Krebs offered her Congratulations to Commissioner Smith. Next, Commissioner Krebs thanked Mr. Caldwell and his colleagues for the great Fourth of July Event; and agreed with Manager Smith's comments. Commissioner Krebs complimented the talent competition and noted that the son of our City Engineer,Brian Fields' electric guitar rendition of the National Anthem was"Very nice." Commissioner Krebs mentioned that she had some booklets related to adult play equipment that she had received and wanted to give them to Mr. Caldwell and said to Mr. Caldwell, "If you would like to go over it with me sometime, I would love to go over them." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 9,2012 PAGE 7 OF 16 Continuing, Commissioner Krebs then mentioned to the City Commission that last week, she attended a meeting with residents of Tuscawilla Units 12/12A and that she was asked to "shepherd"the Wall issue for these residents and was planning to attend the upcoming Tuscawilla Units 12/12A Wall Ad Hoc Advisory Committee meetings. Commissioner Krebs also mentioned that during a review of all the Minutes from City Commission Workshops and Meetings on this matter, that she thought there seemed to be some ambiguity and asked City Attorney Anthony A. Garganese how the City Commission could make some possible changes to what the Ad Hoc Committee could consider and how could the Ad Hoc Advisory Committee have any change(s)in writing. Attorney Garganese explained, "The Commission would need to modify the scope of duties that were assigned, pursuant to the Resolution." Attorney Garganese suggested a Motion be made"To modify the scope of duties and we could formalize at the next meeting." Further, Attorney Garganese added, "It's an Ad Hoc Committee, the scope of duties have been identified by the Commission. The Commission has the authority to modify." Commissioner Krebs remarked, "I want them to be able to bring back that, that Wall could stay where it is, it could be maintained." Additionally, Commissioner Krebs mentioned her interest in handling this now and added, "I think it is important and I think that they need to know that, they need to know that they have more latitude than what they have and that nobody is going to take that Wall down without them going through the vetting process and so I want them to do that." Further comments followed on Commissioners assisting in such a capacity in the past. Commissioner S. Avery Smith commented on liability and noted, "There are mechanisms that are fairly easy in which to fix that, that the citizens I think should have a right to explore that." Commissioner Krebs agreed and suggested, "If they come up with four(4)different possible ways to do it, they should present all four(4)to us to look at." Commissioner Smith added, "I agree with that. I think that if they have the option looking at the liability issue which I think was a big consideration on the Commission's part and as well as the no expenditure of City funds,they have a wide latitude with what they are allowed to do to keep the existing Wall; and they can also look at the Code on the performance side, rather than the prescriptive side in how to meet the current Code and that would give them the latitude to do that." Commissioner Krebs agreed and said, "Right." Commissioner Resnick also noted his agreement. Manager Smith mentioned possible new options and Commissioner Krebs suggested, "Keep the current Wall" and/or "They could keep the Wall in the place that it is at and replace it, if that is what they chose." Manager Smith added, "Currently, they have the ability under the current Resolution,to have the Wall torn down and then rebuilt. So, I think I'm hearing you all seeking to give them additional latitude that will include keeping the current Wall and the mechanisms, liability, so on and so forth to be worked out accordingly." Commissioner Krebs remarked, "Right." As to City funds, Commissioner Krebs said, "I always thought from the last one, that it was at no expenditure of City funds. But,that is not to say they couldn't come back and ask for that." Attorney Garganese then pointed out that Commissioner Krebs seemed to be in favor of giving the Ad Hoc Advisory Committee the latitude to come back with recommendation. Commissioner Krebs stated, "Specifically, to keep that Wall where it is or keep the Wall as it is, but to be able to maintain it and of course, liability—there may need to be an Assessment District in place. That may be what is required by the City. We need to know what the City requirements would be." Continuing the discussion, Attorney Garganese reviewed the current Resolution and possible parameters. Discussion followed on the Wall,and other options. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 9,2012 PAGE 8 OF 16 Commissioner Hovey noted she had spoken with some residents and said, "They just want to have that option. It is still ultimately up to us what we want to do - but to be able to maybe give them an option which would be "C' or whatever it is." Commissioner Hovey added, "I agree with you and I would agree to having you attend the meetings." Mayor Lacey suggested, "We give the Committee — as broad latitude as possible within my mind. Two (2) constraints. One (1) is that it still be at no cost out of the general treasury of the City and that in some fashion, that the Lawyers can decide how we do it, but the City retains no further liability for the Wall however it is, whether it is a new Wall or a rebuild of the existing Wall." Attorney Garganese said, "As I understand it,you want to give the Committee more latitude so that would require to modify that last sentence that I read in under section II. (a), to read something like — `Upon conclusion of this review, the Committee shall recommend either the replacement, repair, or removal of the Wall. Such recommendations shall address the technical and financial aspects of the recommendation, subject to the following constraining parameters: no cost to the City and no further liability imposed on the City'." Mayor Lacey, Commissioner Krebs, and Commissioner Resnick agreed with this verbiage. Mayor Lacey then said, "I would suggest the next move would be a Motion to essentially instruct Staff and Anthony(Garganese) to prepare a modification along the terms as Anthony(Garganese)outlined it." "I MAKE THAT MOTION." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER SMITH: AYE MOTION CARRIED. "I WILL MAKE THE MOTION THAT COMMISISONER KREBS ATTEND THOSE MEETINGS ON OUR BEHALF." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. MAYOR LACEY SUMMARIZED, "THAT JOANNE KREBS BE DESIGNATED AS THE COMMISSION'S LIAISON" TO THE TUSCAWILLA UNITS 12/12A WALL AD HOC ADVISORY COMMITTEE. VOTE: COMMISSION SMITH: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 9,2012 PAGE 9 OF 16 REPORTS 406. Office of the Mayor-The Honorable Charles Lacey Mayor Lacey offered his Congratulations to Commissioner Smith. Secondly, Mayor Lacey recognized Mr. Caldwell, Mr. Dunigan, and Mr. Mike Barclay, Recreation Superintendent, Parks and Recreation Department and thanked the Parks and Recreation Department for the Celebration of Freedom Event coming in at zero dollars ($0) and everybody having a good time and added, "Thank you to you three gentlemen so much." REPORTS 407. Office of Commissioner Seat One-The Honorable Jean Hovey Commissioner Hovey welcomed Commissioner Smith. Next,Commissioner Hovey commented on the great Fourth of July Event also. REPORTS 408. Office of Commissioner Seat Two-The Honorable Rick Brown Absent. PUBLIC INPUT Mr. Gary W. Brook, 1631 Wood Duck Drive, Winter Springs, Florida: thanked Commissioner Krebs for attending their neighborhood meeting; and also thanked the City Commission for their willingness to broaden the Ad Hoc Committee's charge. Mr. Tim Jones, 1600 White Cloud Court, Winter Springs, Florida: remarked about the Tuscawilla Units 12/12A Wall issue and thought the modification to the Resolution was a good decision; and also thanked the City Commission for their assistance with the modification. Ms. Isabelle Laub, 1372 Blue Spruce Court, Winter Springs, Florida: complimented the City on all the aspects of the Fourth of July Event and thanked the City for a great event. Ms. Virginia Cassady, 1629 Wood Duck Drive, Winter Springs, Florida: commented on the Tuscawilla Units 12/12A Wall and thanked Commissioner Krebs for her assistance. Secondly, Ms. Cassady spoke on the credentials of Commissioner Smith and due diligence by the City. Brief comments. Mr. Ken Greenberg, 1635 White Dove Drive, Winter Springs, Florida: also said he appreciated Commissioner Krebs' assistance attending their recent meeting, and thanked the City Commission for broadening the Resolution related to the Tuscawilla Units 12/12A Wall. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—JULY 9,2012 PAGE 10 OF 16 Mr. Robert Roop, 995 Sleeping Rock Court, Winter Springs, Florida: thanked Commissioner Krebs for her assistance, along with the City Commission; and suggested that when the Wall was first built, the builder probably charged the residents back then for the Wall. Commissioner Krebs thanked everyone for their appreciation and added, "I want to also say that I am one (1). It was a collective Vote and I was happy to bring this back to the board to re-discuss; and everybody made that decision." PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office of the City Attorney,Police Department,And Community Development Department REQUEST: On behalf of the Police Department and Community Development Department,the City Attorney requests the City Commission hold a public hearing for First Reading of Ordinance 2012-09,which provides zoning and locational requirements for pain management clinics as defined by City Code. FISCAL IMPACT: There is no fiscal impact resulting from the adoption of this Ordinance except for legal advertising required by Florida law. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff,and is available on the City's Website,LaserFiche,and the City's Server.Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche,and the City's Server; has been sent to applicable City Staff,Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five(5) different locations around the City. Furthermore,this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Attorney, Police Department, and Community Development Department recommend that the City Commission approve Ordinance 2012-09 on First Reading and move it to a Second Reading at the next regularly scheduled City Commission meeting. Commissioner Hovey said, "Do you want a Motion to read by"Title"only?" "SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read the Ordinance by"Title"only and presented some information related to this Ordinance. Tape 1/Side B CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 9,2012 PAGE 11 OF 16 With further comments,Attorney Garganese added, "There will be another companion Ordinance that we'll be proposing with some operational restrictions on these establishments at a future Commission meeting, likely to occur in the next meeting or two(2)." Mayor Lacey opened the "Public Input"portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input"portion of the Agenda Item. "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE COMMISSIONER SMITH: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Office of the City Clerk REQUEST: The City Clerk respectfully requests that the remaining Appointments be made to the Tuscawilla Units 12 12A Wall Ad Hoc Advisory Committee. FISCAL IMPACT: There is no fiscal impact to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff,and is available on the City's Website,LaserFiche,and the City's Server.Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche,and the City's Server; has been sent to applicable City Staff,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 City Commission at a recent City Commission noted their interest in having residents Appointed to this Ad Hoc Committee,and asked that an Advisory Boards and Committees Application be completed. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 9,2012 PAGE 12 OF 16 RECOMMENDATION: For the remaining seats on this seven (7) Member Ad Hoc Committee, Commissioners are respectfully requested to make individual Motions for each of the remaining Appointments. Mayoral Appointment - Mayor Charles Lacey Seat One Appointment - To Be Made By Commissioner Jean Hovey Seat Three Appointment - To Be Made By Commissioner S. Avery Smith Seat Five Appointment - To Be Made By Commissioner Joanne M. Krebs: At-Large Appointment: "The City Commission by majority vote shall appoint one (1) member at-large." Any Appointments not made at this meeting can be made at forthcoming City Commission meetings. "I WOULD LIKE TO NOMINATE JACK RUTHERFORD" TO THE TUSCAWILLA UNITS 12/12A WALL AD HOC ADVISORY COMMITTEE. MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER SMITH: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. "I WANTED TO APPOINT JOHN SUNDMAN" TO THE TUSCAWILLA UNITS 12/12A WALL AD HOC ADVISORY COMMITTEE. MOTION BY COMMISSIONER SMITH. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER SMITH: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. "I WOULD LIKE TO APPOINT JON LEE" TO THE TUSCAWILLA UNITS 12/12A WALL AD HOC ADVISORY COMMITTEE. MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER SMITH: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. Mayor Lacey brought up the name of Mr.Ken Greenberg for the Mayoral Appointee. "I WOULD LIKE TO NOMINATE KEN GREENBERG" AS THE MAYORAL APPOINTMENT FOR THE TUSCAWILLA UNITS 12/12A WALL AD HOC ADVISORY COMMITTEE. MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 9,2012 PAGE 13 OF 16 MAYOR LACEY SUMMARIZED THE MOTION, "KEN GREENBERG TO THE MAYOR'S APPOINTMENT." VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER SMITH: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Mayor Lacey then mentioned the remaining At-Large Appointment and asked the City Commission to think about this Appointment and "Come back in two (2) weeks and come up with a Nomination to fill out the Committee. Andrea (Lorenzo-Luaces), would you make sure that is on the Agenda and send out ticklers." City Clerk Lorenzo-Luaces nodded in agreement. Further brief discussion followed on the first meeting of Tuscawilla Units 12/12A Wall Ad Hoc Advisory Committee. REGULAR 601. Office of the City Clerk REQUEST: The City Clerk requests that Members of the City Commission (depending on the applicable Advisory Board/Committees) make the remaining Appointment(s)/Reappointment(s) related to the Terms of Office which will be expiring in July 2012. FISCAL IMPACT: There is no fiscal impact to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff,and is available on the City's Website,LaserFiche,and the City's Server.Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche,and the City's Server; has been sent to applicable City Staff,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 May 2012, all of the Board and Committee Members whose Term of Office is expiring, or whose Term of Office is due for an Appointment/Reappointment as documented in this Agenda Item, have been contacted. Additionally, the Mayor and City Commission have been provided with the same information. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 9,2012 PAGE 14 OF 16 RECOMMENDATION: Commissioners are respectfully requested to make individual Motions for each Nomination. Appointment/Reappointment to be made by Commissioner Jean Hovey: • Seat currently held by Howard Casman—Planning and Zoning Board/Local Planning Agency Appointments/Reappointments to be made by Commissioner S.Avery Smith: • Seat currently held by Carole Giltz—Code Enforcement Board • Seat currently held by Rosanne Karr(who is Termed Out)— Planning and Zoning Board/Local Planning Agency Appointments/Reappointments to be made by Commissioner Cade Resnick: • Seat currently held by Alice Bard(who is Termed Out)— Beautification of Winter Springs Board • Seat currently held by Carolyn Wolf—Tuscawilla Lighting and Beautification District Advisory Committee Appointments/Reappointment to be made by Commissioner Joanne M.Krebs: • Seat currently held by Suzanne Walker—Planning And Zoning Board/Local Planning Agency Appointment/Reappointment which can be made by ANY Commissioner: • Seat currently held by Laurie Calhoun—Code Enforcement Board "I WOULD LIKE TO REAPPOINT HOWARD CASMAN" TO THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY. MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER SMITH: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. "I WOULD LIKE TO REAPPOINT CAROLE GILTZ" TO THE CODE ENFORCEMENT BOARD. MOTION BY COMMISSIONER SMITH. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER SMITH: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 9,2012 PAGE 15 OF 16 "I WOULD LIKE TO REAPPOINT MS. CAROLYN WOLF" TO THE TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER SMITH: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. "I WOULD LIKE TO REAPPOINT THE NEWEST MEMBER SUZANNE WALKER" TO THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY. MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER SMITH: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. Discussion followed on the remaining Appointments and the City Clerk mentioned she would bring them back at the next Meeting;to which Commissioner Smith said"Yes." No objections were voiced. In other City business, Commissioner Hovey asked about Election signage and thought that some kind of a Moratorium was done two(2)years ago so that Police Officers did not have to pick up every sign they saw. Discussion followed with Captain Chris Deisler. Commissioner Hovey inquired if this matter and a possible Moratorium could be added to the next Agenda. Mayor Lacey added, "If you want it on the Agenda Commissioner Hovey, it will be on the Agenda." Mr. Stevenson commented on this issue and noted, "A lot of these temporary signs, or political signs are allowed in different size variations, whether it's residential or commercial property, outside of the right-of-way with the property owner's permission. Obviously, certain signages over a certain size do still need to be permitted simply because they have wind load calculations." Mr. Stevenson added, "I think we've taken some great strides into that; we'll certainly take another look at it, if the Commission so desires." Mayor Lacey asked, "The Moratorium two years ago applied to the right-of-way also, did it not?" Mr. Stevenson responded, "That's correct." Continuing, Mayor Lacey said, "So now, if Captain Deisler goes out and sees a sign on the right-of-way, he is going to take it out of the right-of-way." Mr. Stevenson agreed and commented, "That's correct." With further comments, Commissioner Hovey said, "Maybe before we put it on the Agenda Andrea (Lorenzo- Luaces), can you research it and see what we did two (2) years ago?" City Clerk Lorenzo-Luaces nodded in agreement. Mayor Lacey added, "I think time is of the essence if we are going to do anything, we need to be prepared at the next meeting." Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department remarked, "Mayor and Commission,we will also research our records to see exactly where the right-of-way situation falls there." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—JULY 9,2012 PAGE 16 OF 16 Discussion. Mr. Stevenson explained, "Primarily, the reason for the size requirements, because there are wind loadings on those signs and we want to make sure they're installed properly, but below nine square feet in commercial and six square feet in residential,they're allowed." Commissioner Resnick added, "And it is a standard size, as long as it is not in the right-of-way, you are leaving them where they are,for now." Mr. Stevenson stated, "Right." With further remarks, Mayor Lacey commented, "Let us get some facts and I would ask the Staff to be prepared to bring it forward in a couple of weeks, so the Commission can act." Commissioner Krebs mentioned she had received some vague emails from a Susan Gordon about meeting with her boss. Other Commissioners noted they also had received similar emails. Brief discussion. PUBLIC INPUT No one addressed the City Commission at this time. In other City business, Mayor Lacey mentioned that there is a City Commission Workshop on the Budget scheduled for next Monday, July 16, 2012 at 6:00 p.m.; and if needed, a follow-up City Commission Workshop could be held the following evening on Tuesday,July 17, 2012. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:19 p.m. RESPECTFULLY SUBMITTED: • r:'srQRENZO-LUACES, MMC CITY- LERK APPROVED: r /�� NOTE: These Minutes were Approved at the July 23,2012 City Commission Regular Meeting.