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HomeMy WebLinkAbout2012 08 27 Consent 202 Requesting City Commission to Approve August 13, 2012 Minutes COMMISSION AGENDA Informational Consent X ITEM 202 Public Hearings Regular August 27, 2012 ALLL Regular Meeting City Manager Department REQUEST: Requesting the City Commission Approve the Monday, August 13, 2012 City Commission Regular Meeting Minutes. SYNOPSIS: One of the responsibilities of the City Clerk is to provide the Mayor and City Commission with a submittal of all Meeting Minutes, as soon after a City Commission meeting as possible; so, that it is a reminder to the Mayor and City Commission, as to what transpired at their most recent meeting, and also provides a record of the actions and directives of the City Commission, for the future, and which becomes the official record. If the City Commission is in agreement with what the City Clerk provides in these Minutes, then the City Commission would be asked to Approve the Minutes, as submitted. Should the Mayor and/or City Commission feel something is not appropriately documented in these Minutes, then a Motion would be appropriate to have the Minutes changed to reflect what the majority of the City Commission would prefer. CONSIDERATIONS: This Agenda Item includes the Minutes from the Monday, August 13, 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 Consent 202 PAGE 1 OF 2-August 27,2012 City Clerk for the 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, August 13, 2012 City Commission Regular Meeting Minutes. ATTACHMENTS: A - Unapproved copy of the Monday, August 13, 2012 City Commission Regular Meeting Minutes (21 pages) Consent 202 PAGE 2 OF 2-August 27,2012 Attachment"A" CITY OF WINTER SPRINGS, FLORIDA cn Incorporated 199 0 MVP" CITY COMMISSION MINUTES REGULAR MEETING MONDAY, AUGUST 13, 2012 — 5:15 P.M. CITY HALL—COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor/Commissioner Joanne M. Krebs - Seat Five Commissioner Jean Hovey - Seat One Commissioner Rick Brown - Seat Two Commissioner S. Avery Smith — Seat Three Commissioner Cade Resnick - Seat Four CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 13,2012 PAGE 2 OF 21 CALL TO ORDER The Regular Meeting of Monday, August 13, 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 Deputy Mayor Joanne M. Krebs, present , Commissioner Jean Hovey present =..t Commissioner Rick Brown, present Commissioner S. Avery Smith, present Commissioner Cade Resnick, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present City Clerk Andrea Lorenzo-Luaces, present A moment of silence was held, followed by the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department-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. No discussion. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 13,2012 PAGE 3 OF 21 INFORMATIONAL 101.Parks and Recreation Department REQUEST: The Parks and Recreation Department wishes to provide the City Commission information about Camp Sunshine Summer Camp Character Counts Awards. FISCAL IMPACT: None. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff,and is available on the City's Website,LaserFiche,and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff,Media/Press Representatives who have requested Agendas/Agenda Item information,Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore,this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. There was no discussion on this Agenda Item. INFORMATIONAL 102. Finance and Administrative Services Department REQUEST: City Manager and the Finance and Administrative Services Department are transmitting the City's third quarter financial report for the 2012 fiscal year. FISCAL IMPACT: As presented in the dashboard report. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff,and is available on the City's Website,LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche,and the City's Server; has been sent to applicable City Staff,Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 13,2012 PAGE 4 OF 21 RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. No discussion. INFORMATIONAL 103. Finance and Administrative Services Department REQUEST: The City Manager and the Finance and Administrative Services Department providing the Investment Report for the third quarter of fiscal year 2012 (quarter ending June 30, 2012) as prepared by PFM Asset Management LLC. FISCAL IMPACT: The weighted average yield at June 30, 2012 is .41%. The weighted average yield at March 31, 2012 was .27%. This portfolio has an average maturity of less than one year(.95 years). 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. "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CONSENT AGENDA CONSENT 200. Public Works Department REQUEST: Public Works Department requesting authorization for the Mayor to execute a Distribution Easement granting Progress Energy the right to install a switchgear box on City property in Central Winds Park adjacent to Orange Avenue. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 13,2012 PAGE 5 OF 21 FISCAL IMPACT: There is no cost to the City for the proposed Distribution Easement. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, 4:::) 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 authorize the Mayor to execute the Distribution Easement granting Progress Energy the right to install underground power lines on City property as described in the easement. No discussion. CONSENT 201. Finance and Administrative Services Department REQUEST: Finance and Administrative Services and the Community Development Departments are requesting that the City Commission adopt Resolution 2012-24, authorizing the submittal of the Certificate to Non-Ad Valorem Assessment Roll, Assessment Summary and FY 2012-2013 Annual Assessment Roll for Tax Year 2012 Relating to the Oak Forest Assessment Area and the Tuscawilla Lighting and Beautification Assessment Area Phases I and II to the Seminole County Tax Collector by September 15,2012. FISCAL IMPACT: The annual assessment service fees for NBS and Nabors Giblin are budgeted costs in the following assessment district funds and do not adversely impact the General Fund: • Oak Forest Maintenance Fund-#191 • Oak Forest Debt Service Fund-#214 • Tuscawilla Maintenance Fund-#184 • Tuscawilla Debt Service Fund -Phase 1 #211 • Tuscawilla Debt Service Fund -Phase 2 #213 CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 13,2012 PAGE 6 OF 21 COMMUNICATIONS 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 •4 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. Detailed information regarding the Tuscawilla Lighting and Beautification District and the Oak Forest Wall and Beautification District Special Assessment Programs, including annual reports, assessment rates and live account information by parcel, is available to the public via the City's Website at: http://www.winterspringsfl.org/EN/web/dept/cd/ub/urbanbeautification.html RECOMMENDATION: It is recommended that the City Commission adopt Resolution 2012-24 authorizing the submission of the Certificate to Non-Ad Valorem Assessment Roll, Assessment Summary and FY 2012-2013 Annual Assessment Roll for Tax Year 2012 relating to the Oak Forest Wall and Beautification District and the Tuscawilla Lighting and Beautification Assessment Area — Phases I and II to the Seminole County Tax Collector by September 15,2012. This Agenda Item was not discussed. CONSENT 202. Finance and Administrative Services Department REQUEST: The Finance Department and Administration Department requests The City Commission to consider the Sale of the Surplus Property at Lori Anne Lane; and list the Property with Exit Real Estate Results (Winter Springs); and authorize the City Manager to execute all necessary contracts. FISCAL IMPACT: The City will not be obligated to pay the $2,000 Commission until such time as 154 Lori Anne Lane is sold for an acceptable price as determined by the City Commission. The City's obligation for maintenance and insurance cost will terminate upon the sale of this property. The proceeds from such sale will be deposited into the Revolving Rehabilitation Fund for future economic development projects. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff,and is available on the City's Website,LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff,Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore,this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 13,2012 PAGE 7 OF 21 RECOMMENDATION: Authorize the City Manager and City Attorney to prepare and execute all contracts and documents necessary to facilitate the listing of 154 Lori Anne Lane with Exit Real Estate Results. No discussion. Clans CONSENT 203. Information Services Department REQUEST: The Information Services Department requests authorization to dispose of surplus assets according to the attached disposition sheets. FISCAL IMPACT: There is no cost to dispose of these surplus assets. The City receives revenue generated from items sold at auction. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff,and is available on the City's Website,LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public,and posted at five(5)different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission approve the disposition of the attached list of surplus assets. There was no discussion on this Agenda Item. CONSENT 204. Community Development Department-Urban Beautification Services Division REQUEST: The Community Development Department, Arbor Division, asks that the City Commission approve Resolution 2012-25 regarding a request of the Highlands HOA and the Beautification of Winter Springs Advisory Board to designate two trees within the Highlands as historic trees. FISCAL IMPACT: Two plaques, totaling less than $200 in value, will be constructed to commemorate the historic tree designation and will be installed in front of each of the two trees. The money for the plaques will be taken from the Arbor Fund. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 13,2012 PAGE 8 OF 21 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff,and is available on the City's Website,LaserFiche,and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's 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 g:L•uI 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. During a special meeting held on July 31st, 2012, the BOWS board unanimously approved the designation of these two trees as historic and a special asset to the Winter Springs Community. RECOMMENDATION: Staff recommends that the City Commission approve Resolution 2012-25 in support of the historic tree designations proposed by the Highlands HOA and the Beautification of Winter Springs Advisory Board. Commissioner Brown commented on the Historic Tree designation, the Beautification of Winter Springs Board; individuals and Homeowner's Associations not having to wait an excessive time for an approval, staff time, and suggested, "There has to be a better way to do it." Discussion followed on finding replacement Appointments and recent efforts and Commissioner Resnick mentioned he had a replacement Appointment to suggest this evening, and the Beautification of Winter Springs Board. Manager Smith spoke for the Record and said it was his decision to hold the Special Meeting and he thought it was unfair to the Highlands Homeowner's Association to wait. Deputy Mayor Krebs suggested, "If you are looking for Policy, if we could pull this off, we can discuss Policy on this." Deputy Mayor Krebs further recommended this issue be pulled off and discussed at the end of the Agenda. Commissioner Brown said,"I would support that. I think we need to determine whether it is viable or not." Commissioner Brown also spoke of the Tree City designation and thought that perhaps, the City Commission "Can be the Board for Tree City." Mayor Lacey remarked, "If the Commission has no objection, following the Deputy Mayor's suggestion, we will go ahead and approve the Consent Agenda—if it is the will of the Commission, and then at the end of the Regular Agenda which should come up fairly shortly, we will come back and discuss the overall subject of the BOWS (Beautification of Winter Springs [Board]) Board and perhaps the Ordinance that requires the BOWS (Beautification of Winter Springs [Board])Board." Deputy Mayor Krebs noted her agreement with this and was willing to suggest an Agenda Item. No objections were voiced. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 13,2012 PAGE 9 OF 21 CONSENT 205. Office of the City Clerk REQUEST: Requesting the City Commission Approve the Monday,July 16,2012 City Commission Workshop 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, July 16, 2012 City Commission Workshop Minutes. There was no discussion on this Agenda Item. CONSENT 206. Office of the City Clerk REQUEST: Requesting the City Commission Approve the Monday, July 23, 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. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 13,2012 PAGE 10 OF 21 RECOMMENDATION: The City Commission is respectfully requested to Approve the Monday, July 23, 2012 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. + .� Mayor Lacey stated, "That takes us back to the Consent Agenda Item as published." "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. WITH COMMENTS, MAYOR LACEY SUMMARIZED, "THE MOTION IS TO APPROVE THE ENTIRE CONSENT AGENDA BY COMMISSIONER BROWN." VOTE: COMMISSIONER SMITH: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Community Development Department REQUEST: The Community Development Department is advising the City Commission of two statewide awards, and national and international recognition the department received for the Town Center District Code re-write. Mr. Randy Stevenson, AICP, ASLA, Director, Community Development Department addressed the City Commission and stated, "We received the 2012 Florida Planning and Zoning Association's Design Excellence Award" and they have been notified that they are being awarded APA's (American Planning Association) Florida Chapters Award of Merit for Neighborhood Planning; and additionally, they had received a "Letter of congratulations from the Prince Charles Foundation for Building Community". Mayor Lacey added, "Congratulations" to Mr. Stevenson, and Mr. Bobby Howell, AICP, Planner, Community Development Department and Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department. AWARDS AND PRESENTATIONS 301. Parks and Recreation Department REQUEST: The Parks and Recreation Department requests the Mayor and City Commission assist with the Presentation of Awards recognizing specific campers in the Camp Sunshine Summer Camp program for outstanding character traits. Mr. Chris Caldwell, Director, Parks and Recreation Department introduced the "Character Counts" Awards and Mr. Brian Dunigan, Recreation and Special Events Coordinator, Parks and Recreation Department. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 13,2012 PAGE 11 OF 21 The program sponsors (Brusters, Chick-Fil-A, Kee Wee Entertainment District, McDonalds, and Tijuana Flats) were then announced and thanked. Mayor Lacey read and presented Certificates of Recognition to the following children who were in attendance this evening, for their accomplishments and achievement in this program: Matthew Blanche, Morgan Caruso, Zoe 4:::$' Chu, Dylan Greene, Hannah Kozik, and Joshua Kozik. Mayor Lacey added, "Chris(Caldwell)and Brian(Dunigan), good job! Thank you! AWARDS AND PRESENTATIONS 302. Finance and Administrative Services Department REQUEST: Presentation of the City's fiscal third quarter financial report for the 2012 Fiscal Year. (Quarter ending June 30,2012). (This is related to Informational Agenda Item '102'). Mr. Shawn Boyle, Director, Finance and Administrative Services Department briefly addressed the City Commission on the third quarter Financial Report and stated, "The City of Winter Springs is in wonderful financial shape." AWARDS AND PRESENTATIONS 303. Finance and Administrative Services Department REQUEST: Presentation providing the investment report for the third quarter of Fiscal Year 2012. (Quarter ending June 30,2012). (This is related to Informational Agenda Item '103'). Mr. Boyle presented this Agenda Item and noted, "We're in wonderful shape — I wouldn't change a thing at this point right now." REPORTS REPORTS 400. Office Of The City Attorney—Anthony A. Garganese,Esquire No Report. REPORTS 401. Office Of The City Manager—Kevin L. Smith No Report. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 13,2012 PAGE 12 OF 21 REPORTS 402. Office Of The City Clerk—Andrea Lorenzo-Luaces,MMC .,..., City Clerk Andrea Lorenzo-Luaces mentioned that in past, "Previous Commissions had asked for an update, as to when my review was coming up. Do you all want me to do that? In the past, I have done it via an Agenda Item. So, I'll be glad to continue that. I just thought I would check to see if you still wanted that." = Commissioner Jean Hovey and Commissioner Cade Resnick nodded in agreement. No objections were noted. REPORTS 403. Office Of Deputy Mayor/Commissioner Seat Five-The Honorable Joanne M.Krebs Deputy Mayor Joanne M. Krebs stated, "Congratulations Randy (Stevenson) again, to you and your team for the re-write. We appreciate that." On the recent Police Re-Accreditation, Deputy Mayor Krebs noted, "Congratulations. Good job." Deputy Mayor Krebs then brought up the issue of noise at the Kee Wee Entertainment District business and noted that some residents were bothered by excessive noise. Chief of Police Kevin Brunelle said they were trying to determine, "What is the base versus the actual noise"and that they were trying to contact the expert who performed the study to establish the City's Ordinance. Discussion followed on acceptable noise levels, what ruling a previous City Commission had adopted, and the decibel maximum to be enforced. Deputy Mayor Krebs remarked about the time in question and suggested, "We could actually change the time." Further, Deputy Mayor Krebs suggested, "If we don't have it in there, couldn't we say, `At this time, it could be as high as this'; `At this time, no higher than this'; and so on and so forth—one o'clock, two o'clock [a.m.] is kind of late." City Attorney Anthony A. Garganese agreed and thought the City could"Establish different benchmarks, based on the time of the day." Deputy Mayor Krebs then remarked, "I certainly want Kee Wee [Entertainment District] to prosper but at the same time, there is a quality of life that I am worried about as well." Chief Brunelle said, "I'm definitely looking further into that" and commented on whether the City Commission wanted us to look further into changing the Ordinance on specific times. Discussion followed on decibel levels at the property line, distances that sound travels, and complaints. Commissioner Resnick asked, "Is there any type of device or equipment the musicians might be able to have or the location might have to soften the sound as it travels..." Chief Brunelle stated, "...One of the things that the management at Kee Wee [Entertainment District] has indicated, they're in the process of putting up a little barrier to help try to absorb some of that." Further comments ensued regarding noise. Next, Deputy Mayor Krebs remarked about the new meeting time for the Planning and Zoning Board/Local Planning Agency and noted, "I don't have an issue with that, if everybody is agreeable (on the Board)to that, but I don't want that to tie — our hands if we are appointing somebody to the Board." Deputy Mayor Krebs then mentioned her concerns with someone having a job and because of their job, an individual would not be able to get to a Planning and Zoning Board/Local Planning Agency at 5:30 p.m., and what would happen in such a situation? CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 13,2012 PAGE 13 OF 21 With further comments on meeting start times, Attorney Garganese said, "They can establish unless the Council or the Commission prohibits their own meeting times, and they're also at the call of the Commission and they're at the call of the Manager and Staff for Special Meetings if necessary." Mayor Lacey noted, "Asked the other way, this Commission could set a meeting time and require it?" Attorney Garganese responded, "Certainly." Mayor Lacey added, "So, Deputy Mayor, it would be a matter of whether we wanted to do that or not." CZO Deputy Mayor Krebs pointed out, "I don't disagree that they set the Planning and Zoning Board/Local Planning Agency time for 5:30 (p.m.) because it was convenient for either Staff or this group, but for future people who sit =Li on the Board..." Mayor Lacey remarked, "...If the issue arises,then we would have the freedom to take it up." REPORTS 404. Office Of The Mayor-The Honorable Charles Lacey Mayor Lacey commented that in reviewing the City Commission's procedures, he had noted the references to a "Campaign-free zone" under Public Input and Attorney Garganese addressed the intent of this provision as the provision was to permit the Mayor and City Commission to conduct their business, but that it would not be a forum for political campaigns." Continuing the discussion, Mayor Lacey then asked the City Commission, "Are you comfortable with the way we have been doing it, or would you rather that as Public Input proceeds,that I take a harder stance on that?" Commissioner Rick Brown responded to Mayor Lacey by saying, "I personally would like to see you take a harder stance on that across the board." Commissioner Resnick suggested his preference as "In my opinion, as long as they are not stating which parties and how they are affiliating with those parties, I am fine with it." Mayor Lacey summarized, "My interpretation of that is that we allow some discretion as long as it fits in the category of `Introduction', but when it gets into campaigning particularly, for it to be speaking of other candidates,things like that,we try to shut that down." Attorney Garganese mentioned there was Case Law on this issue and mentioned, "If you want to continue the practice of allowing Candidates running for a particular office to come in and introduce themselves to the community, I think you need to Mayor." Attorney Garganese added that Mayor Lacey should keep the discussions on task so that a debate between political opponents did not ensue, as that was the intent of this Policy. Commissioner Brown added, "I really do believe that we ought to be campaign-free." Furthermore, Commissioner Brown stated, "I think going forward, since you have brought that up; for me anyway, I would like to see us take a harder line on that and have it be a campaign-free zone." Campaign signs and related items were addressed briefly. Attorney Garganese added, "I would caution you about providing exceptions to the Rule." REPORTS 405. Office Of Commissioner Seat One-The Honorable Jean Hovey Commissioner Hovey mentioned that she had recently discussed with Manager Smith about identifying local businesses and have this information including in future City Newsletters. Commissioner Hovey added, "They are going to start—recognizing local businesses and Kevin(Smith, City Manager) is developing the criteria." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 13,2012 PAGE 14 OF 21 Manager Smith explained what he was working on and noted, "We intend to move forward with that, short of any dissent from this hody." Commissioner Brown stated, "That is great." No objections were voiced. Secondly, Commissioner Hovey mentioned Fisher Road and that "In several of those little roundabout places, on the edge of the roud" there were potholes and that she had noticed yesterday while driving on North Edgemon Avenue, there was cement in similar places. Mr. Brian Fields, P.E., City Engineer, Public Works Department noted, "We can look at that. We've filled in some areas on Fisher Road but if other areas continue to be driven over and are hazardous, we could look at doing ang 111 the same treatment there, that we've done on Edgemon (Avenue) as well." mupomzm 406. O0OomK�f��mmmmmimmiw�erBmot T»�w-��hmD�e�w�wbXm��iok]0ro»�� s Commissioner Brown mentioned that a citizen had approached him after addressing the City Commission and that the citizen had walked away feeling that her questions went unanswered. Continuing, Commissioner Brown mentioned that City Clerk Lorenzo-Luaces suggested, "Adding to the public input forms, a section on the bottom that says, 'If you don't feel your question or the issue that you presented during Public Input was answered adequately, please call...' — with the name of one of the Clerks, who then will get a phone number, so then they could then route the citizen to the appropriate place inside of our organization so that they could the answers, or at least continue the conversation and try to get the answers that they're looking fbr." Commissioner Brown added, "Looking for Consensus that that is something everybody would be interested in Andrea (Lorenzo-Luaces) purmuing." Mayor Lacey stated, "Certainly." Deputy Mayor Krebs agreed. No objections were noted. Commissioner Resnick suggested that the Mayor could also say something during each meeting and Mayor Lacey acknowledged this. Deputy Mayor Krebs added, "That would be a good idea too." No objections were voiced. Mayor Lacey added, ^1 will try, Commissioner Reonick." Commissioner Brown summarized, "So, if that is Consensus, Andrea (Lorenzo-Luaces), can you make that huppeo?" City Clerk Lorenzo-Luaces said, "Sure." Further regarding his Report, Commissioner Brown mentioned that in meeting with another citizen, it was suggested that we add "In God We Trust" to our City logo. Conomoiouiono, Brown noted, "I would like the Commission to consider adding 'In God We Trust' to our City logo and I don't know whether we bring that back in a formal Agenda Item for us to consider or what needs to be done?" Commissioner S. Avery Smith commented on her concern with potential litigation, and related costs. Attorney Garganese said, "I would ask that you give me a little time" to provide a briefing Memorandum to the City Commission. With further comments, Commissioner Resnick suggested to Manager Smith, "If we do move forward on this tonight, to support Commissioner Brown's idea here, perhaps this would be a great idea for a new Art Contest - we can create to design a new logo incorporating thix." Commissioner Resnick said that he felt it would be a good time to move forward on such as the City Manager had announced that he was planning to hire a new Economic Development Director. Commissioner Resnick added,"I support you Commissioner Brown, in \his." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—AUGUST 13,2012 PAGE 15 OF 21 Manager Smith remarked, "Short of a legal analysis from Anthony (Garganese), that perhaps at least initially, the right approach would be to add it to our Chamber logo." Manager Smith then mentioned that, "To re-do every logo on every city truck, on every city vehicle, would be somewhat costly." Tape 1/Side B Mayor Lacey stated, "Let's proceed with the legal analysis - unless I hear some dissent from the Commission, I must assume we have got Consensus to ask Anthony (Garganese) to prepare a document that gives us a briefing of the pros and cons..." Deputy Mayor Krebs said, "...Yes..." Mayor Lacey continued, "...And then, once we pass that point, we will figure out how to do that and stay within our frugally fiscal goals." Commissioner Brown suggested, "...You could always phase it in as replacements need to be made." =Le Lastly for his Report, Commissioner Brown commented on the way City Commission Meetings have been streamlined, and because of such streamlining, Commissioner Brown said, "I was wondering if we could get Consensus or consideration of a Motion to move the end time for our meeting beyond which it would require a simple majority Vote,to 8:30 (p.m.)." With further comments, Deputy Mayor Krebs asked to think about this suggestion. Mayor Lacey stated, "We have a task out for the Community Development Department to bring us some process improvement anyway on those things, so one thing that brings to mind Deputy Mayor, is that some of those laborious chores they have gone through, I am hoping that we will have some innovative proposals from Staff that will reduce some of those requirements on the Commission that even back when we were growing in 2006, there won't be as much for the Commission to do." Manager Smith mentioned that if this was agreed to,that a change to the Resolution would be required. Deputy Mayor Krebs and Commissioner Resnick said that they would like to think about this. Commissioner Brown mentioned, "Could we put it on the next Agenda." Deputy Mayor Krebs stated, "Yes." Manager Smith asked, "Am I hearing that there is Consensus..." Mayor Lacey stated, "...Yes. They would like to see an Agenda Item next time." Attorney Garganese inquired, "Do you want an Agenda Item with a Resolution or just no Resolution?" Mayor Lacey noted that they were only expecting one(1) small change on the Resolution. REPORTS 407. Office Of Commissioner Seat Three-The Honorable S.Avery Smith Commissioner Smith spoke on a personal accomplishment. REPORTS 408. Office Of Commissioner Seat Four-The Honorable Cade Resnick Commissioner Resnick commented on a recent fire in his subdivision and complemented the City's Police Department and Seminole County's Fire Department for their quick response. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 13,2012 PAGE 16 OF 21 REGARDING A SEAT FOUR OPENING ON THE BEAUTIFICATION OF WINTER SPRINGS BOARD, COMMISSIONER RESNICK NOMINATED "MR. RICK LECKY". MOTION BY COMMISSIONER RESNICK. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER SMITH: AYE MOTION CARRIED. PUBLIC INPUT Mr. Sebastian Gauza, 617 Pearl Road, Winter Springs, Florida: commented on noise at the Kee Wee Entertainment District that was bothering area residents, decibel measurements, and that he was pleased that the matter had already been brought up for discussion. Mayor Lacey stated, "We will stay on it." Ms. Annette Cyrkel, 1614 Wrentham Court, Winter Springs, Florida: remarked about gunshots in the Barrington Woods subdivision, changes to Florida Laws regarding firearms, that she did not feel safe, and asked what could be done. Discussion followed with Chief Brunelle on Florida Statutes,the use of firearms, and violations. Deputy Mayor Krebs inquired, "What is the answer?" Deputy Mayor Krebs then suggested that perhaps the Florida League of Cities could get involved with firearm laws. Regarding changes in the law, in terms of this matter, Chief Brunelle briefly addressed a couple of changes; to which Mayor Lacey said to Chief Brunelle, "Have you investigated any of these incidents to know whether the gunfire is coming from within the City limits or coming from out of the City limits?" Chief Brunelle responded, "I'll have to look that up and report back to you'all." Ms. Cyrkel explained the location of the gunshots as, "I believe the property was east of Barrington Estates and west of Deleon, which runs through the Black Hammock." Ms. Cyrkel added, "It's where the two (2) retention ponds, south of Lake Jesup have been put in." Mr. Fields pointed out, "That's the Solary Canal Regional Stormwater Treatment Facility. It is the City of Winter Springs. It's State property. It's an entirely fenced in area so anybody who's in there would be trespassing to discharge a weapon." Chief Brunelle said he would look up the report. Mayor Lacey said to Ms. Cyrcel, "We will look into it further." Mr. Bob Henderson, 635 White Ibis Court, Winter Springs, Florida: spoke on decibel levels as shown on his cell phone and commented about his concern with bureaucracy in terms of recent Historic Tree Designation requests. Mr. Richard Grogan, 1 North Fairfax, Winter Springs, Florida:: asked why an email address is needed to sign up for the GoLocal program, and mentioned he did not want to give out his personal email. Mayor Lacey stated, "We will look into that." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 13,2012 PAGE 17 OF 21 Next, Mr. Grogan commented on whether background checks should be required for City volunteers; that related to the proposed changed to the City's logo, a contest was previously discussed in coordination with the Beautification of Winter Springs Board, to possibly change the City's logo; and that the Beautification of Winter Springs Board had previously requested the City have a City flag. Further brief comments followed on background checks. Mr. Arsenio Calle, 110 Arrowhead Court, Winter Springs, Florida: mentioned that he thought that adding "In God We Trust"would be a nice addition to the City Seal and would give it more meaning. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. 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 Second Reading and adoption of Ordinance 2012-10,which provides operational regulations 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 adopt Ordinance 2012-10 on Second Reading. Attorney Garganese read Ordinance 2012-10 by"Title"only. 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. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 13,2012 PAGE 18 OF 21 "MOTION TO APPROVE." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR LACEY SUMMARIZED THE MOTION WAS "TO APPROVE UPON SECOND READING AND ADOPT ORDINANCE 2012-10." Li, VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE . COMMISSIONER BROWN: AYE COMMISSIONER SMITH: AYE COMMISSIONER RESNICK: AYE MIT MOTION CARRIED. REGULAR AGENDA REGULAR 600. Office of the City Manager REQUEST: City Manager requesting the Commission to review information regarding the City Manager's annual performance evaluation for the evaluation period ending May 25,2012. FISCAL IMPACT: Due to budget constraints, City employees were not given merit increases and no funds were allocated for this purpose in FY 2012. 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 Manager recommends that the City Commission review and utilize the information provided in this agenda item (as well as any other data/information deemed appropriate) for purposes of evaluating and rating the City Manager's performance for the annual review period ended May 25, 2012, via the attached City Manager Evaluation Form or other method the individual Mayor/Commissioner deems appropriate. Mayor Lacey commented that it was helpful to see the Strategic Plan update in the Agenda Item. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—AUGUST 13,2012 PAGE 19 OF 21 Manager Smith spoke on this Agenda Item. Mayor Lacey remarked, "So Commissioners are now free to proceed in whatever way they choose to provide that input back to you." Regarding the Strategic Plan, Manager Smith commented, "It is time to dust that off and amend it or to re-do it. That was a three (3) year plan that we put in place three (3) years ago." Continuing, Manager Smith mentioned, "I would like to bring that back to you all in the semi-near future for your consideration, as how we'll proceed going forward." Mos Mayor Lacey inquired of Manager Smith, "Do you think that is something we want to discuss at a Regular Meeting or does it justify a Workshop to go over it?" Manager Smith replied, "If I may get some time to kind of give that some thought Mayor, and come back and bring some recommendations to you all as to how we proceed. Perhaps start at a Regular Meeting and then we'll go from there." In other City business, discussion ensued on the Beautification of Winter Springs Board, Staff costs, what is needed to keep the City's Tree City USA status, could Historic Tree Designations go before the City Commission for Approval, and that the Code could be changed as the City Commission sets all Policies. Mayor Lacey stated, "Based on this recent instance, I think there is minimum recommendation that I would suggest would be that we change the Arbor Ordinance to remove that `Shall' requirement." Discussion followed with Mr. Steve Richart, Urban Beautification Division Services, Community Development Department on costs, and what the Beautification of Winter Springs Board assists Staff with. Mr. Richart pointed out that"The Tree City program does require that we do have a Tree Board and that could be the Commission, if you decide to go that direction." Next addressed were Meetings of the Beautification of Winter Springs Board; that the Members of the Beautification of Winter Springs Board do offer assistance to Staff, attendance of Board Members, requirements for the Tree City USA designation and what does that designation do for the City. Also discussed were Grants, and that it seemed that the Beautification of Winter Springs Board had not brought anything before the City Commission for a while. Deputy Mayor Krebs asked if the Beautification of Winter Springs Board duties could be merged with any other Board/Committee, to which Mr. Richart suggested the Parks and Recreation Advisory Committee. Mr. Richart added, "We just have to re-write a Text Amendment to the Arbor Code." Mayor Lacey commented, "I like that idea of conferring the BOWS (Beautification of Winter Springs Board) responsibilities on the Parks and Rec[reation Advisory Committee]..." Deputy Mayor Krebs agreed and stated, "...Yes..." Mayor Lacey continued, "...And I would say also, taking the clause in the Arbor Ordinance — to at least make that an option so it can come directly here, if needed." Discussion followed on Staff coordinating efforts if the Beautification of Winter Springs Board duties were merged into the Parks and Recreation Advisory Committee, which Deputy Mayor Krebs thought should be looked into. Mr. Richart mentioned to the City Commission, "The Historic Tree issue, I would like to be able to bring that directly to you all,to speed things up." Tape 2/Side A CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 13,2012 PAGE 20 OF 21 "MOTION TO INCORPORATE THE BOWS (BEAUTIFICATION OF WINTER SPRINGS [BOARD]) BOARD INTO THE PARKS AND RECREATION ADVISORY COMMITTEE] BOARD AND PROVIDE STAFF, THROUGH THE CITY MANAGER, THE NECESSARY VEHICLE TO MAKE THAT HAPPEN." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. MI MANAGER SMITH STATED, "IT SOUNDS TO ME LIKE YOU ALL ARE OF THE MINDSET TO REASSIGN THE DUTIES OF THE BOWS (BEAUTIFICATION OF WINTER SPRINGS [BOARD]) = BOARD AND ABOLISH THAT BOARD. COULD I OFFER THAT, AND CERTAINLY THERE IS A MOTION ON THE TABLE - PERHAPS WE BRING THIS BACK TO YOU ALL IN AN AGENDA ITEM NEXT MEETING TO DO A FEW THINGS-NUMBER ONE (1),GIVE THE OPPORTUNITY TO ADVISE THE BOWS (BEAUTIFICATION OF WINTER SPRINGS [BOARD]) BOARD MEMBERS OF M YOUR PENDING DECISION. SECONDLY, TO GIVE STAFF THE OPPORTUNITY TO WORK BETWEEN THE PARKS AND REC REPRESENTATIVE, THE BOWS (BEAUTIFICATION OF WINTER SPRINGS [BOARD]) BOARD REPRESENTATIVES FROM A STAFF STANDPOINT, TO MAKE SURE WE STRATEGICALLY ALLOCATE THOSE DUTIES. RELATED TO THAT, WE ALSO LOOK AT THE CURRENT DUTIES OF THE BOWS (BEAUTIFICATION OF WINTER SPRINGS [BOARD]) BOARD AND I THINK THERE MAY BE OPPORTUNITIES TO REQUEST OF YOU'ALL THAT WE ASSIGN SOME OF THOSE DUTIES TO STAFF. SO, THERE MAY BE A SITUATION WHERE SOME ARE DIRECTLY TO THIS COMMISSION, SOME ARE TO THE PARKS AND RECREATION] ADVISORY COMMITTEE, IF THAT IS THE WAY-AND SOME MAY JUST COME TO STAFF." MANAGER SMITH ADDED, "AGAIN, I WOULD ASK FOR TIME TO RESEARCH THAT A LITTLE FURTHER." ADDITIONALLY, MANAGER SMITH REMARKED, "REGARDLESS OF WHICH DIRECTION YOU'ALL TAKE, IT WOULD BE MY RECOMMENDATION THAT WE DO, TO YOUR POINT EARLIER MAYOR, CHANGE THAT `SHALL' LANGUAGE IN THE CURRENT ARBOR ORDINANCE TO `MAY' LANGAUGE." DEPUTY MAYOR KREBS SUGGESTED THAT THE "CHANGE IN THE ORDINANCE" BE INCLUDED. MAYOR LACEY REMARKED, "WE HAVE A MOTION ON THE FLOOR. BUT, I WOULD ASK FOR UNANIMOUS CONSENT FROM THE COMMISSION THAT THE MOTION BE AMENDED TO ESSENTIALLY TASK STAFF TO REDUCE THE BOWS (BEAUTIFICATION OF WINTER SPRINGS [BOARD]) BOARD AND ASSIGN ITS DUTIES OUT AND BRING US BACK A RECOMMENDATION THAT ENCOMPASSES ALL OF THAT, AS WELL AS THE AMENDMENT OF THE ARBOR ORDINANCE." COMMISSIONER BROWN STATED,"SO MOVED." MAYOR LACEY STATED, "THERE IS NO OBJECTION FROM THE COMMISSION?" DEPUTY MAYOR KREBS NOTED BEING IN AGREEMENT, AND MAYOR LACEY SUMMARIZED, "THE MOTION WILL STAND AMENDED." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER SMITH: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—AUGUST 13,2012 PAGE 21 OF 21 Further comments followed. Deputy Mayor Krebs further remarked about firearms and said, "I do think that when there is a problem in a community and we are talking about safety, that somehow, if we don't have the ability to protect our citizens, then there is an opportunity for an advocacy group to work on that particular phase." Deputy Mayor Krebs clarified for the Record that earlier during the Meeting,that here comments were not in reference to gun control. PUBLIC INPUT Ms. Annette Cyrkel, 1614 Wrentham Court, Winter Springs, Florida: again spoke on her previous comments regarding firearms and asked what was the"Follow up procedure"? Mayor Lacey stated, "We will ask the Chief to have someone contact you." ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:52 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.