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HomeMy WebLinkAbout2012 09 10 Consent 206 Requesting Approval of City Commission Regular Meeting for August 27, 2012 COMMISSION AGENDA Informational Consent X ITEM 206 Public Hearings Regular September 10, 2012 ALLL Regular Meeting City Manager Department REQUEST: Requesting the City Commission Approve the Monday, August 27, 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 27, 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 206 PAGE 1 OF 2-September 10,2012 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 27, 2012 City Commission Regular Meeting Minutes. ATTACHMENTS: A - Unapproved copy of the Monday, August 27, 2012 City Commission Regular Meeting Minutes (18 pages) Consent 206 PAGE 2 OF 2-September 10,2012 Attachment"A" CITY OF WINTER SPRINGS, FLORIDA c.) ik 13 _ Incorporated 199 .' &ORIOP4. CITY COMMISSION MINUTES REGULAR MEETING MONDAY, AUGUST 27, 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 27,2012 PAGE 2 OF 18 CALL TO ORDER The Regular Meeting of Monday,August 27, 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: g L'" Mayor Charles Lacey, present Deputy Mayor Joanne M. Krebs, present Commissioner Jean Hovey present 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 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 27,2012 PAGE 3 OF 18 INFORMATIONAL 101. Office of the City Clerk REQUEST: The City Clerk requests that the City Commission be advised of the upcoming Anniversary date and Performance Review for the City Clerk, for the period from October 2011 through September 2012, as us{ requested by the City Commission. i."sJ54Y`Yil FISCAL IMPACT: As this is just notice of an upcoming evaluation,there is no Fiscal Impact to be considered 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. "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CONSENT AGENDA CONSENT 200. Office of the City Manager and the Police Department REQUEST: The City Manager and Police Department request that the City Commission approve the replacement and purchase of ten (10) police package Chevrolet Impalas in the total amount of $207,085.00 from Garber Chevrolet located in Jacksonville, Florida, via State of Florida bid process; emergency lighting and equipment for these ten (10) Impalas in the total amount of $44,991.40 from Dana Safety Supply in Jacksonville, Florida via piggyback off contract number 1489 with Tallahassee Police Department; and one (1) 2012 Ford E-350 with a rapid deployment package in the gross amount of $65,098.00 from Bartow Ford located in Bartow,Florida via State of Florida Term Contract. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 27,2012 PAGE 4 OF 18 FISCAL IMPACT: Funding for the requested equipment will come from the General Fund's previously restricted fund balance, which was reserved in 2005 for the potential liability of storm debris clean-up if FEMA had prevailed in the appeal process. This expenditure of funds will not have an impact on the 2012 Fiscal Year + h ' Income Statement or our Economic Development or Emergency Operating reserve balances/levels. The ", forecast is that fund balance will not be appropriated for 2012 operations or capital coverage. t. If the proposal to purchase police equipment is approved, the capital request for eight (8) police cars - wr ($250,800)in the 2013 Proposed Budget will be removed. The total request for vehicles is as follows: • 10 police package Chevrolet Impalas in the total amount of$207,085.00. • Emergency lighting and equipment for the Impalas in the total amount of$44,991.40. • 2012 Ford E-350 with a rapid deployment package in the amount of$65,098.00. Less: • Sales(auction)of ten (13) Chevrolet Impalas z535,000 • Trade-ins 1997 Gillig bus, 1986 rescue vehicle,2004 Mazda RX8-- $11,500 Total funding required=$270,674.40 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the Commission approve: 1. The use of Garber Chevrolet to purchase ten (10) Chevrolet Impalas through the State of Florida bid number 071-000-12-1 in the total amount of$207,085.00. 2. The use of Dana Safety Supply to purchase emergency equipment for the ten (10) Impalas off of Tallahassee Police Department contract number 1489 in the total amount of$44,991.40. 3. The use of Bartow Ford to purchase a 2012 Ford E-350 on Florida State Term Contract number 071-000-12-1 in the amount of $65,098, with offsetting revenues relative to the sale/trade-ins (estimated at$46,500) for a total estimated net expenditure of$18,598.00. 4. Funding for these purchases from General Fund Reserves. Commissioner Hovey commented on a recent news story about Impala's and problem parts and asked Chief of Police Kevin Brunelle, Police Department, "Have you checked into making sure those parts are replaced before we get these new vehicles?" Chief Brunelle said that they were aware of this and added, "I think we're almost done with the current vehicles we have and my instructions to Captain (Mike) Noland, (Police Department) were to make sure before we take delivery of these vehicles,that the recall was done on them." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 27,2012 PAGE 5 OF 18 CONSENT 201. Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting the City Commission authorize the City Manager to execute the attached agreement, as prepared by the City Attorney, between the City of Winter Springs and the Oviedo-Winter Springs Chamber of Commerce for the 5th Annual Winter Springs Festival of the Arts. IMPACT: • City Expenses are defined as such; City shall provide the following services and facilities 4''f' for the Special Event: (1) promotion of the event through the Insider, E-Alerts, City Hall electronic sign Messaging and City Website; (2) hanging and removal of Festival of the Arts banners on existing pole brackets;(3) use of electric and potable water as available on Blumberg Blvd.; (4) site preparation including mowing of the Special Event site and the addition of donated mulch as needed; (5) spraying of a barrier spray and mosquito spray; (6) installation and removal of a lime rock parking lot curb; (7) road closure and re-opening of Blumberg Blvd with cones and signage; (8) installation and removal of two (2) City owned light towers and diesel fuel for same; (9) trash container and liners;(10) County fire and first aid services; (11) Request the shutting down of irrigation at Town Center Apartments on Special Event dates; and (12) City public safety services in the amount of $3,500.00. 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 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 is recommending the City Commission authorize the City Manager to execute the attached agreement, as prepared by the City Attorney, between the City of Winter Springs and the Oviedo-Winter Springs Chamber of Commerce for the 5`h Annual Winter Springs Festival of the Arts. No discussion. CONSENT 202. Office of the City Clerk REQUEST: The City Clerk is Requesting the City Commission Approve the Monday, August 13, 2012 City Commission Regular Meeting Minutes. FISCAL IMPACT: There is no specific Fiscal Impact to this Agenda Item. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 27,2012 PAGE 6 OF 18 COMMUNICATION EFFORTS: :=:" This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, .,a. 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 :n"-; also been electronically forwarded to the individuals noted above, and which is also available on the City's -zt ;: 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 l information. This information has also been posted outside City Hall, posted inside City Hall with T`77:-11 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. There was no discussion on this Agenda Item. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER SMITH: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office of the Mayor REQUEST: Issuing a Proclamation calling the Winter Springs Municipal Election of 2012, in accordance with the City of Winter Springs' Code of Ordinances. Mayor Lacey read for the Record, a Proclamation calling the Winter Springs Municipal Election of 2012. REPORTS REPORTS 400. Office of the City Attorney—Anthony A. Garganese,Esquire No Report. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 27,2012 PAGE 7 OF 18 REPORTS 401. Office of the City Manager—Kevin L. Smith City Manager Kevin L. Smith noted, "Just to advise the Commission, previously we had entered into an agreement with the Parkstone HOA (Homeowner's Association) for traffic enforcement within the gated t,n°�a` subdivision, as we have with many other HOA's (Homeowner's Associations); however recently, for various ;�;;742 circumstances, that HOA (Homeowner's Association) has determined they'd like to terminate that Agreement, and they have done so in accordance with the terms of that Agreement by sending me a letter and I just wanted to advise you all of that and to get it into the Record." 7,E ":ca Mayor Lacey asked, "They have terminated it as we speak now?" Manager Smith responded by saying, "Yes ':�-;=- 42' Sir." Mayor Lacey added,"So we will not be enforcing parking, etc..." Manager Smith stated,"...Correct." itYfi 402. Office of the City Clerk—Andrea Lorenzo-Luaces,MMC City Clerk Andrea Lorenzo-Luaces noted that this was the week of Qualifying for the November 6, 2012 Winter Springs' General Municipal Election and said, "In the past, we have had all of the Qualifying packets put on the Website—would the Commission like to do that again?" Commissioner Joanne M. Krebs stated, "Sure,that is fine with me." Commissioner Rick Brown remarked, "Why not." No objections were voiced. Deputy Mayor Krebs added, "Transparency." Continuing, City Clerk Lorenzo-Luaces noted, "Also, we have provided to anyone who qualifies, in the past, we've provided them with all the same Agenda packets that we have given you all — would you like to do that also?" Deputy Mayor Krebs commented, "Absolutely." No objections were noted. Mayor Lacey summarized, "You have got Consensus from the Commission on both points." REPORTS 403. Office of the Mayor-The Honorable Charles Lacey No Report. REPORTS 404. Office of Commissioner Seat One-The Honorable Jean Hovey Commissioner Jean Hovey mentioned she was enrolled in the Police Department's Citizen's Police Academy. Commissioner Brown also mentioned that he was enrolled. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 27,2012 PAGE 8 OF 18 REPORTS 405. Office of Commissioner Seat Two-The Honorable Rick Brown For his Report, Commissioner Brown spoke about a recent editorial in the Seminole Chronicle which criticized the City Commission for lower taxes and less money for Special Events and Economic Development, and that he = disagreed with the article. Commissioner Brown complimented the City for the concern with fiscal matters, a City environment, and more new homes being built. Mayor Lacey noted his agreement with Commissioner Brown's comments. = REPORTS 406. Office of Commissioner Seat Three-The Honorable S. Avery Smith Commissioner S. Avery Smith explained that she had been contacted by a representative of a National Trust giving out Grant monies to re-train disabled Veterans for the hospitality industry and that they were looking for additional training areas other than the Orlando area, and were considering Winter Springs. Continuing, Commissioner Smith added, "We have a nice Veteran's Memorial here, it would be great if we could also be known as a center for training Veteran's from around the area that can't make it into the Disney area for the training classes that are currently held. I will keep you posted with what I find." REPORTS 407. Office of Commissioner Seat Four-The Honorable Cade Resnick No Report. REPORTS 408. Office of Commissioner Seat Five/Deputy Mayor-The Honorable Joanne M.Krebs Deputy Mayor Krebs offered her congratulations to Commissioner Brown for his restaurant Tijuana Flats which won in two (2) "Best in Seminole" categories—best Mexican Restaurant in Seminole County and best Restaurant overall in Winter Springs. Next, Deputy Mayor Krebs mentioned next year's Florida is celebrating its 500th year — and we have an opportunity to have Winter Springs included in a video and other things. Deputy Mayor Krebs asked if Manager Smith had received information on this and if we were going to participate? Manager Smith acknowledged that he had received some information. Deputy Mayor Krebs added, "If you get a chance, just want to call it to your attention?" Manager Smith responded by saying, "Will do." Continuing her Report, Deputy Mayor Krebs mentioned that Lake Mary Commissioner Gary Brender has been recognized by the Florida League of Cities for twenty(20)years of service and asked Mayor Lacey, "Can we send him a congratulations letter Mayor, from the Commission; if the Commission agrees to that, on his twenty (20) years of service." Mayor Lacey said to City Clerk Lorenzo-Luaces, "I am going to turn that back to you — would you prepare something along those lines?" City Clerk Lorenzo-Luaces nodded in agreement. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 27,2012 PAGE 9 OF 18 Lastly, Deputy Mayor Krebs mentioned that the City of Orlando had been awarded a Municipal Achievement Award through the Florida League of Cities and were "Awarded the Florida Citizenship Award for Municipal Achievement." Deputy Mayor Krebs hoped that they also could be congratulated. Further brief comments. ,.rWiLS, PUBLIC INPUT =, , Mr. Sebastian Gauza, 617 Pearl Road, Winter Springs, Florida: remarked about his concern with excessive noise at the Kee Wee Entertainment District and asked if there had been any changes since the last City $.. Commission Meeting two (2) weeks ago; and spoke of the impact on trees, and that of late, he has not heard any -z 4_+ sounds from birds on area trees. Ms. Eileen Rogers, 616 Pearl Road, Winter Springs, Florida: mentioned how cooperative the Winter Springs Police Department have been in regards to checking out noise complaints at the Kee Wee Entertainment District, that the noise seemed to be affecting an area church, and that all the people in her home have been affected by the noise. Ms. Rogers then asked the City Commission to do something to help. Ms. Teresa Ailey, 3 La Vista Drive, Winter Springs, Florida.: spoke of living in a retirement community just near Kee Wee Entertainment District and because of the noise,that she is starting a Petition drive; and commented that she is very upset with the noise, was concerned with noise pollution, and noted that area wildlife is probably affected. Ms. Ailey added that the Police Department is kept busy answering calls related to the noise, and how horrible the noise is and that area residents feel they will have to move. Mr. Mike McDonald, 203 Charles Street, Winter Springs, Florida: mentioned that he has had to call the Police Department regarding noise coming from at the Kee Wee Entertainment District, that the noise at night is excessive, and hoped that exceptions were not made for this business. Mr. McDonald added that he is pro- business,but it should not be at his expense. Commissioner Smith mentioned she had done some research and had passed such information on to Manager Smith and remarked that "Frequency does not change over distance, so that booming that you are hearing, is the same frequency from where it is emitted, right at the bandstand, right in your homes and that is what you are being bombarded with." With further comments, Commissioner Smith added, "I asked the City Manager to talk to the Police Chief to do some more work with our sound expert to see what he could find out that would bring to some relief to your cause, because the decibel changes over distance; frequency does not, and it is the frequency that you are dealing with." Continuing, Commissioner Smith noted, "It was never discussed — never looked into was that the frequency may be something that we can do something about,which would bring the noise level down." Chief Brunelle commented about what he had found out and showed an excerpt from the Code related to noise. Deputy Mayor Krebs asked Chief Brunelle about what he planned to check this coming weekend. With further comments, Deputy Mayor Krebs mentioned that she thought she had read that Kee Wee Entertainment District was planning to bring their bands inside to keep the noise down. Chief Brunelle addressed similar comments and a possible barrier fence. Furthermore, Chief Brunelle remarked, "My concern here is to make sure that I tell you all that either they're in compliance or they're not in compliance and I won't know that until I get the accurate device to make those measurements." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 27,2012 PAGE 10 OF 18 Commissioner Resnick clarified that if Kee Wee Entertainment District is not in compliance, Chief Brunelle noted, "We're able to start the violation process." Continuing his comments, Commissioner Resnick said to Chief Brunelle, "Do we need to have the residents call you on Friday as soon as they hear this or are we going to be proactive and take care of it..." Chief Brunelle stated, "...We're going to be proactive and take care of it, so I can give you all some information on what we're finding out; where we're at on those noise levels. But they should still call,because that way we have a location to go to and see what the instrument is reading from there." Discussion following on business plan models irritating customers; what Kee Wee Entertainment District's response has been, and Chief Brunelle was not sure that Kee Wee Entertainment District Winter Springs was aware of the noise issues. Due diligence, and why other bands playing at the Winter Springs Town Center and other locations don't seem to cause the same problems were addressed next. Related to experts and further planned measurements, Chief Brunelle commented, "I'll personally go over and ;;*p„j talk to them again and say, `Look, these are the issues', but I want to be armed with that information, to say okay, now we know you're in violation and this has got to stop." Chief Brunelle was then asked by Mayor Lacey, "Do you think you will have the equipment this weekend to be able to on the spot, go to Kee Wee and say you are violating these lower frequency thresholds or will it take more time than that to digest the information?" Chief Brunelle explained, "The gentleman that I am going to be contacting has the equipment to bring with him to tell us whether he is violating our Ordinance." Commissioner Smith then said to Chief Brunelle, "See if any of these applications apply to—it's called the harmonic frequency." Furthermore, Commissioner Smith said she would like to know, "If our Ordinance actually covers anything like that that creates a kind of damage that one of the homeowners complained about—glass breaking." Additionally, Commissioner Smith mentioned, "It's just the vibration of the harmonic frequency that is creating the issue, and that is why nothing stops it, so I wanted to bring that up too and make sure that our Ordinance covers that." Chief Brunelle responded by saying, "I will ask him specifically." Additionally, Chief Brunelle noted, "Our Ordinance does cover that— we just need to be able to measure it to be able to issue the violation. At this point, we can't measure it." Discussion followed on the business in question being cooperative. Mayor Lacey remarked, "I understand from what you said, that our Ordinance is styled after ones in Orlando and Tampa — are the exact decibel levels identical to the other cities?" Chief Brunelle responded, "I haven't had a chance to pull those yet to see if the numbers are exact." Mayor Lacey summarized for the citizens, "The Chief is pursuing some - enforcement of the Ordinance more rigorously than we have in the past. We have got to get some equipment to do that. Hopefully that should be in place to be able to do that this weekend when the music starts up again." PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office of the City Attorney REQUEST: The City Attorney requests that the City Commission consider Ordinance 2012-12 on First Reading which proposes to amend Section 5-8 of the City Code to require that the City Arborist make a recommendation to the City Commission regarding historic tree applications rather than the City's Beautification Board. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—AUGUST 27,2012 PAGE 11 OF 18 FISCAL IMPACT: If the Ordinance is approved,there may be incidental and nominal cost savings, from time to time, related to not having to staff a Beautification Board meeting in order to process a historic tree application. 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 q'' also been electronically forwarded to the individuals noted above, and which is also available on the City's K°°° L� 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. This proposed amendment will be scheduled to be publicly advertised in the Orlando Sentinel no less than 10 days prior to the second reading. RECOMMENDATION: The City Attorney recommends that the City Commission approve Ordinance 2012-12 on First Reading and direct the City Clerk to publicly advertise the Ordinance for Second Reading and adoption at the next regularly scheduled City Commission meeting. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. City Attorney Anthony A. Garganese read Ordinance 2012-12 by"Title"only. Attorney Garganese mentioned, "In discussing this with the City Manager, the Manager suggested that perhaps rather than have the BOWS (Beautification of Winter Springs [Board]), Board have the City Arborist make the recommendation because the Arborist has to process the Application anyway and determine whether it's in Compliance with the Code. So that's what this Ordinance proposal is about — it would change the recommendation from the BOWS (Beautification of Winter Springs [Board]) Board, to the City Arborist with respect to Historic Tree Applications." Tape 1/Side B 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. REGARDING ORDINANCE 2012-12, "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 27,2012 PAGE 12 OF 18 VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER SMITH: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. Mayor Lacey summarized, "Ordinance 2012-12 is Approved on First Reading and Moved to Second Reading." Manager Smith thanked Mr. Bob Henderson for bringing this issue to their attention. PUBLIC HEARINGS 501. Community Development Department and the Office of the City Attorney REQUEST: The Community Development Department and the City Attorney request that the City Commission hold a First Reading and Public Hearing for Ordinance 2012-11,which effectively dissolves the Beautification of Winter Springs Advisory Board and delegates to the City Manager the responsibility of coordinating the City's Urban Beautification efforts with city staff, various other City Boards and Committees, and other parties deemed appropriate by the City Manager. FISCAL IMPACT: If Ordinance 2012-11 is approved, there will be a cost savings of at least $250 per meeting related to not having staff prepare for and attend the quarterly Beautification of Winter Springs Advisory Board Meetings. 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. This proposed amendment will be scheduled to be publicly advertised in the Orlando Sentinel no less than 10 days prior to the second reading. RECOMMENDATION: The Community Development Department and the City Attorney request that the City Commission approve and move to second reading,Ordinance 2012-11, which dissolves the Beautification of Winter Springs Advisory Board and delegates to the City Manager the responsibility of coordinating the City's Urban Beautification efforts with city staff,various city boards and committees, and other parties deemed appropriate by the City Manager. Deputy Mayor Krebs commented on the referenced cost savings but also asked about the value of the Beautification of Winter Springs Board. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 27,2012 PAGE 13 OF 18 Mr. Randy Stevenson, AICP, ASLA, Director, Community Development Department mentioned some of the responsibilities of the Beautification of Winter Springs Board. With further comments on Advisory Boards and Committees contributions, Deputy Mayor Krebs mentioned to Manager Smith, "At some point in time, if for whatever reason, you felt the need for a BOWS (Beautification of Winter Springs [Board]) Board again, you could in fact resurrect it." Manager Smith agreed and saic : "Absolutely." �yr5 Mayor Lacey asked, "Motion to read by `Title' only?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONEli- ;11' HOVEY. DISCUSSION. („ MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2012-11 by"Title"only. Mayor Lacey opened the "Public Input"portion of the Agenda Item. Mr. Philip Kaprow, 1005 Antelope Trail, Winter Springs, Florida: recommended that the City Commission consider and receive a report as to whether this Ordinance would impact our "Tree City USA" standing. Mr. Kaprow also spoke of the status and revenue that helps the City as a result of being a"Tree City USA" and felt it was an important asset to the City. Manager Smith remarked, "We intend to move forward with a `Tree City USA' Application every year. We intend to do everything that is necessary." With further comments, Mr. Stevenson added, "Just to reiterate, I believe our discussion again, that one of the requirements was that the City have a Tree board, and the Commission could serve as that board. That's my understanding, but I will confirm that prior to the Second Reading." Attorney Garganese noted, "If you go to their Website, `Tree City USA', standards, it just says that somebody must be legally responsible for the care and management of the community trees. This may be a professional Forester or Arborist, an entire Forestry Department or a Volunteer board. So, it appears it covers a bunch of different possibilities, and I think we have all of the above in various aspects but you may want to just confirm by looking at the Website and maybe contacting them." Ms. JoAnn Mattie, 685 Fortrose Drive, Winter Springs, Florida: as a current Member of the Winter Springs Beautification of Winter Springs Board, Ms. Mattie did not mind the City Commission taking over this responsibility and hoped that beautification efforts would be continued. Ms. Mattie mentioned many of the tasks and duties that the Beautification of Winter Springs Board normally helped with and hoped that their past efforts would still be performed; and that the Oak Forest Wall and Beautification District Advisory Committee and the Tuscawilla Lighting and Beautification District Advisory Committee did not have to take on more. Mayor Lacey said to Ms.Mattie,"Thank you for your service on the Board." Manager Smith spoke for the Record and said, "It's our intent to fully do each of the items that Ms. Mattie just articulated, so that is absolutely the game plan." Mayor Lacey closed the "Public Input"portion of the Agenda Rem. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 27,2012 PAGE 14 OF 18 RELATED TO ORDINANCE 2012-11, "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. SUMMARIZING, MAYOR LACEY STATED, MOTION "TO MOVE (ORDINANCE) 2012-11 TO SECOND READING." . ._.. VOTE: COMMISSIONER SMITH: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. Mayor Lacey added, "Ordinance 2012-11 is passed on First Reading, Moved to Second Reading. We will do that in two(2)weeks." REGULAR AGENDA REGULAR 600. Office of the City Clerk REQUEST: The City Clerk requests that the City Commission hear a presentation from the Oak Forest Wall and Beautification District Advisory Committee related to their membership, efforts,accomplishments, and any issues they may wish to discuss. FISCAL IMPACT: There is no fiscal impact related to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. The Office of the City Clerk has provided information via email and in person regarding the Mayor and City Commission's interest in hearing from the Oak Forest Wall and Beautification District Advisory Committee. The Oak Forest Wall and Beautification District Advisory Committee has also discussed this matter at their recent Committee Meeting and was planning to work with the City's Staff Liaison,prior to attending this City Commission Regular Meeting. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 27,2012 PAGE 15 OF 18 RECOMMENDATION: The City Commission is requested to hear from members of the Oak Forest Wall and Beautification District Advisory Committee and discuss any matters they deem of interest with the Oak Forest Wall and Beautification District Advisory Committee and City Staff,as applicable. Oak Forest Wall and Beautification District Advisory Committee Chairperson Judy Converso and Committee Member Robert Carril introduced themselves and Chairperson Converso reviewed some of the highlights related ._.... to what this Committee has worked on over the last year. Chairperson Converso noted, "Currently the Board has a three (3) year internal loan with Winter Springs which will be satisfied on June 30th, 2017. We took out that internal loan with you for an amount- I think what is left, is a hundred and ninety-five thousand [dollars] ($195,000.00) at two point seventy-five percent (2.75%) and that was taken out in 2010. Because of that, what we're looking at are some future plans for the Board, or at least for the Oak Forest residents. What we would like, is to determine through a front-end Assessment with our residents, if they want to continue the payment of the Assessments that they currently have, something similar to what they have, in terms if we want to update our neighborhood. In other words, we might want to update street lighting - street signs." Continuing, Chairperson Converso mentioned one of the merits of the Oak Forest Wall and Beautification District Advisory Committee is being open to public input; and also spoke on finding a fifth Oak Forest Wall and Beautification District Advisory Committee Member to complete the Committee, and getting more people involved and interested. Commissioner Jean Hovey said that if Chairperson Converso and Committee Member Carril knew anyone for the open Seat One vacancy on the Oak Forest Wall and Beautification District Advisory Committee to please let her know. Chairperson Converso mentioned she was aware of a resident who lives on Cheoy Lee Circle who might be interested and even though two (2) of the current Oak Forest Wall and Beautification District Advisory Committee Members also lived on Cheoy Lee Circle, it was agreed that they could have another resident of Cheoy Lee Circle also serve on this Committee. Commissioner Hovey suggested that if interested, to please have them contact the City Clerk. Chairperson Converso stated, "Will do." Deputy Mayor Krebs said,"Thank you Judy(Converso)for doing the job you're doing." Commissioner Brown also offered his appreciation and said to Chairperson Converso and Committee Member Carril, "We thank you for your service—we appreciate it." Next, Deputy Mayor Krebs asked what the City Commission could assist them with and Chairperson Converso commented, "I think with our next board meeting, which is next May, in 2013, what we will be discussing is this possibility of what do we want to do and how do we conduct this front-end Assessment, so there may be things that we will need from the City in terms of a blurb on the Website, a blurb in the eAlerts—the newsletter that you put out. Because we certainly have the Oak Forest newsletter and like I said, we have our Website that we can put things out on, to get a feel for what they would be willing to look into. Obviously, if the interest isn't there, we won't pursue it." Commissioner Hovey suggested that they could get with her and she could get them in contact with PTA(Parent- Teachers Association) members to help get the word out. Chairperson Converso added, "I am assuming that would be something that we would do in 2014, because it would take us a year just to know how to plan that front-end Assessment and be able to put it together." Concluding the conversation, Mayor Lacey offered thanks to Chairperson Converso and Committee Member Carril. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 27,2012 PAGE 16 OF 18 REGULAR 601. Office of the City Attorney REQUEST: The City Attorney presents Resolution 2012-27 to the City Commission for its consideration,amending the Commission's rules and procedures to establish an adjournment time of 8:30 PM unless extended by super-majority vote of the City Commission; restating and readopting all other City Commission rules and procedures. t,. FISCAL IMPACT: None. 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 hasp; also been electronically forwarded to the individuals noted above, and which is also available on the 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: Recommend the Commission consider approval of Resolution 2012-27 amending the Commission's rules and procedures to establish an adjournment time of 8:30 PM unless extended by super-majority vote of the City Commission,and restating the remaining rules and procedures. Attorney Garganese introduced this Agenda Item and the proposed change in this Resolution. Deputy Mayor Krebs commented about her concern with making sure there is time to discuss all Agenda Items/issues that come before them, having time for all items, not wanting to feel rushed if a shorter time limit was imposed, that the current process seems to be working, and that it would be her preference to leave it as it currently is. Further discussion followed on past late meetings, not inconveniencing the public, and that our current practices are very efficient. Manager Smith then outlined some statistics related to meeting times that he had researched. Discussion ensued on whether Staff could accommodate Development requests in a timely manner, Staff efforts related to considering Agenda Item requests before City Commission Agendas are planned, and whether the current start time of Commission meetings was agreeable to the sitting Mayor and City Commission. Deputy Mayor Krebs suggested, "If this Commission so desires to move forward with changing the time, or making it a hard stop, I think maybe then you should look at possibly making a simple majority, not a super majority." Mayor Lacey explained to the citizens, "When we talk about an adjournment time of either 8:30 (p.m.) or ten o'clock(p.m.), whatever that number is - it is not because we are not willing to work, it is because we really feel that the business of the public is best done when the public can participate." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 27,2012 PAGE 17 OF 18 Commissioner Hovey asked Attorney Garganese about changing to a simple majority. Attorney Garganese stated, "Just direct me to write that into the Resolution. You can go ahead and change that, you can even have a majority Vote to extend it to a certain time period and a super majority beyond that, if you wanted to even have different layers of Voting. It's your choice." Mayor Lacey suggested, "That might be a compromise, to set 8:30 (p.m.) as the time and a majority vote to extend,then a super majority required to go past 10:00 (p.m.)." _`= "I WILL MAKE A MOTION - WHAT THE MAYOR JUST SAID." MOTION BY COMMISSIONER, HOVEY. SECONDED. DISCUSSION. r. MAYOR LACEY SUMMARIZED THE MOTION AS, "TO MODIFY RESOLUTION 2012-27, AS PRESENTED BY THE ATTORNEY TO PROVIDE FOR A MAJORITY VOTE TO EXTEND BEYOND 8:30 (P.M.), OTHERWISE ADJOURNMENT IS AUTOMATIC; AND IF IT EXTENDS PAST 10:00 . (P.M.),IT REQUIRES A SUPER MAJORITY VOTE." FURTHER COMMENTS. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER SMITH: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. PUBLIC INPUT Ms. Benay Gandy, 80 Holiday Lane, Winter Springs, Florida.: mentioned that her property is in Seminole County and is experiencing problems with rainwater run-off and said that when they moved in thirty-five (35) years ago, "There used to be a trench that ran behind the houses on Mocking Bird (Lane) that lets water run off into No Name Creek and over the past thirty-five (35) years, there's only been one (1) time when that's been backhoe'd up and it's all overgrown, and now we're having a problem because the water runs down Holiday Lane. There's nowhere for it to go except down our driveway". Ms. Gandy then mentioned that then makes a type of lake in her front yard, and asked if the problem could be re-dredged and added that there was a lot of debris in the creek, which additionally causes flooding. Mayor Lacey advised Ms. Gandy that Mr. Brian Fields, P.E., City Engineer, Public Works Department who was in the audience,would get with her and would try to answer her questions. Mr. Mike McDonald, 203 Charles Street, Winter Springs, Florida: asked for some kind of temporary relief with the noise at Kee Wee Entertainment District, until the Police Department could survey the noise with additional new equipment. Mr. McDonald commented then that he hoped the City Commission would ask that Kee Wee Entertainment District not have any band playing after 10:00 p.m. Mr. McDonald also pointed out that this business has opened a bar across from a church, and is also near another church and a school; and read from verbiage on Kee Wee Entertainment District's Website which mentioned honoring their community which Mr. McDonald did not agree that this was the case. Mayor Lacey said that they would do what they can to assist. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—AUGUST 27,2012 PAGE 18 OF 18 Mr. Sebastian Gauza, 617 Pearl Road, Winter Springs, Florida: thanked Chief Brunelle for the information he had provided and hoped that the new expert would be available whenever needed, and also commended Commissioner Smith for her research and efforts. Chief Brunelle further commented on the research expert and added, "He will measure when there is a violation." Ms. Teresa Ailey, 3 La Vista Drive, Winter Springs, Florida: suggested that perhaps Kee Wee Entertainment - ........;� District could instead have acoustic bands to play outside which would help the community, asked why readings are not taken at Kee Wee Entertainment District rather than neighborhood homes. Ms. Ailey also spoke of problems for area wildlife because of the excessive noise, and referenced an article about Kee Wee Entertainment qn: District and an article that linked noise with crime. Further comments. Mr. Robert Carril, 906 Red Oak Court, Winter Springs, Florida: sincerely thanked Police and Emergency Services for the great assistance they recently provided to a member of his family. Tape 2/Side A Mr. Carril noted that the outcome of their emergency was very favorable and they were very grateful for the quick responses. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:53 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.