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HomeMy WebLinkAbout2012 10 08 Consent 204 Unapproved Minutes from City Commission Regular Meeting September 24, 2012 COMMISSION AGENDA Informational Consent X ITEM 204 public Hearings g Regular October 08, 2012 ALLL Regular Meeting City Manager Department REQUEST: Requesting the City Commission Review and Approve the Monday, September 24, 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, September 24, 2012 City Commission Regular Meeting. Even though these Minutes are being submitted by the City Clerk, (with proofing by Office of the City Clerk Staff), no other party has required that changes be made to the Minutes before being submitted. These Minutes are being submitted by the City Clerk for the Approval by the City Commission. Consent 204 PAGE 1 OF 2-October 08,2012 FISCAL IMPACT: There is no specific Fiscal Impact to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Commission is respectfully requested to Approve the Monday, September 24, 2012 City Commission Regular Meeting Minutes. ATTACHMENTS: A - Unapproved copy of the Monday, September 24, 2012 City Commission Regular Meeting Minutes (23 pages) Consent 204 PAGE 2 OF 2-October 08,2012 `ATTACHMENT A' CITY OF WINTER SPRINGS, FLORIDA u 07 • Incorporated 1959 •�,LOR1S* CITY COMMISSION MINUTES REGULAR MEETING MONDAY, SEPTEMBER 24, 2012 - 5:15 P.M. CITY HALL—COMMISSION CHAMBERS 1126 EAST STATE ROAD 434,WINTER SPRINGS,FLORIDA Mayor Charles Lacey Deputy Mayor 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-SEPTMBER 24,2012 PAGE 2 OF 23 CALL TO ORDER The Regular Meeting of Monday, September 24, 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, absent 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-SEPTMBER 24,2012 PAGE 3 OF 23 INFORMATIONAL 101. Parks and Recreation Department r=4 REQUEST: The Parks and Recreation Department wishes to inform the City Commission about planning efforts for the 2012 Hometown Harvest event. FISCAL IMPACT: • In 2011,the Hometown Harvest event had final expenditures totaling$5,083,and final revenues totaling$6,050. 4 • Staff has conducted a thorough evaluation of the budget and is proposing expenses for 2012 of = $4,156. (Attachment#1). • Current projection for revenues from sponsorship and vendor booths for 2012 total$5,500. • Thus, projected Net revenue for the 2012 event is$1,344. 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. Promotional efforts related to the 2012 Hometown Harvest event include the City Newsletter, City website, City Hall electronic sign, e-Alerts, WS/Oviedo Chamber website, WS Life, Seminole Chronicle, Seminole Voice,and CF News13 Community Calendar. RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. Mayor Lacey noted that in respect to this Agenda Item, "They are doing a Hometown Harvest this year with a nice cushion between revenues and expenses - I bring that out because first of all, I like to always recognize the Staff when they do a good job like that." Further comments. Commissioner Rick Brown also thanked Staff for their efforts. "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTMBER 24,2012 PAGE 4 OF 23 CONSENT AGENDA 1F� CONSENT 200.Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting the City Commission to authorize the City Attorney to prepare and the City Manager to execute the 2012-13 concessions agreement between the City of Winter Springs and Brian Susa, ILPA Distribution Concessions, regarding baseball concession operations at Central Winds Park. FISCAL IMPACT: ganswsrz No City funding required. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Parks and Recreation Department recommends that the City Commission authorize the City Attorney to prepare the agreement and the City Manager to execute the 2012-13 concession agreement between the City of Winter Springs and Brian Susa, ILPA Distribution Concessions, regarding baseball concession operations at Central Winds Park. There was no discussion on this Agenda Item. CONSENT 201. Police Department REQUEST: The Police Department requests the Commission to approve the 2012 Interlocal Agreement between Seminole County Public Safety and the City and to authorize the city manager to execute any and all documents related to the agreement. FISCAL IMPACT: The General Fund budget will be reimbursed from these funds as purchases are made according to the agreement. There will be no adverse effects,as this is a reimbursement process. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTMBER 24,2012 PAGE 5 OF 23 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 przi 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 4 Associations/Representatives on file with the City, and all individuals who have requested such ,�,,'°""'� information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Police Department requests the Commission to approve the 2012 Interlocal Agreement for Reimbursement of 911 Expenses and authorize the city manager to execute all documents related to this agreement. No discussion. CONSENT 202. Information Services Department REQUEST: Information Services requests Commission approve renewal and payment of the MUNIS annual maintenance and support agreements in the amount of$71,212 and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. FISCAL IMPACT: $71,212. This item is budgeted in Information Services Department 1340-54633 (Maintenance Agreements and Contracts). 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: Information Services requests Commission approve renewal and payment of the MUNIS annual maintenance and support agreements in the amount of$71,212 and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. This Agenda Item was not discussed. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTMBER 24,2012 PAGE 6 OF 23 CONSENT 203. Information Services Department REQUEST: Information Services requests Commission approve renewal and payment of the Oracle annual 1 : maintenance and support agreement in the amount of$25,749.99 to Oracle America and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. FISCAL IMPACT: Oracle Database Support $14,714.29 Oracle App Server Support $11,035.70 Total $25,749.99 This item is budgeted in Information Services Department 1343. 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: Information Services requests Commission approve renewal and payment of the Oracle annual maintenance and support agreement in the amount of$25,749.99 to Oracle America and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. No discussion. CONSENT 204. Public Works Department REQUEST: The Public Works Department requests the City Commission approve the Jesup's Landing replat and authorize the plat to be recorded,subject to satisfaction of the recommended conditions of approval. FISCAL IMPACT: There is no fiscal impact for the City associated with this agenda item. The applicant is responsible for payment of all review and recording fees. The letter of credit ensures completion of all public infrastructure. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTMBER 24,2012 PAGE 7 OF 23 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. Prvis 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 to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission approve the Jesup's Landing replat, subject to the conditions that the replat not be signed and released for recording until Staff receives: 1) the certified letter from the platting surveyor that the permanent reference monuments have been set in accordance with Florida Statutes; and 2) the new letter of credit in a form acceptable to the City Attorney. There was no discussion on this Agenda Item. CONSENT 205. Parks and Recreation Department REQUEST: The Parks and Recreation Department requests the City Commission to authorize the Mayor to execute the Eighth Addendum to the Transportation Disadvantaged Services Agreement for Senior Center Transportation for a period not to exceed 90 days. FISCAL IMPACT: Budgeted in FY 13,Account 7250-53186. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Parks and Recreation Department recommends that the City Commission authorize the Mayor to execute the Eighth Addendum to the Transportation Disadvantaged Services Agreement for Senior Center Transportation,for a period not to exceed 90 days. No discussion. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTMBER 24,2012 PAGE 8 OF 23 CONSENT 206. Office of the City Clerk REQUEST: Requesting the City Commission Review and Approve the Monday, September 10, 2012 City Commission Regular Meeting Minutes. FISCAL IMPACT: There is no specific Fiscal Impact to this Agenda Item. COMMUNICATION EFFORTS: '0 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, September 10, 2012 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER SMITH: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office of the Mayor Requesting the City Commission receive a presentation from Seminole County Public Schools, School Board Member,Dede Schaffner on the School Property Tax Referendum. Ms. Dede Schaffner, Seminole County Public Schools, School Board Member: addressed the Mayor and City Commission and introduced Mr. Stan Van Gundy. Mr. Stan Van Gundy, 329 Turtle Trail, Lake Mary, Florida: spoke about having children in Seminole County Public Schools, and then commented on the merits of offering a good education, some of the current fiscal issues affecting Seminole County Public Schools, and the proposed School Property Tax Referendum. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTMBER 24,2012 PAGE 9 OF 23 Mr. Peter Gaffney, Principal, Keeth Elementary School: thanked Winter Springs Officials for their support last year, and also commented on some of the needs in Seminole County schools,technology, computer-based testing, and computer labs. Discussion followed on testing, computers, unfunded mandates, and digital/paper textbooks. Ms. Schaffner further addressed the Mayor and City Commission on their plans to have Pre-K[indergarten] at every elementary school, what is being touted as "empty seats/classrooms" and what really has happened. ia21.4h AWARDS AND PRESENTATIONS Office of the Mayor Requesting the City Commission receive an update from the Oviedo-Winter Springs Regional Chamber of Commerce. Mr. Cory Skeates, Executive Director, Oviedo-Winter Springs Regional Chamber of Commerce, 1511 East State Road 434, Winter Springs, Florida: presented some slides showing the services that this Chamber of Commerce offers, along with the many events they are affiliated with. In terms of an inquiry from Mayor Lacey regarding the Chamber's finances, Mr. Skeates referenced a document related to their financial situation and stated, "We are solvent." REPORTS REPORTS 400. Office Of The City Attorney—Anthony A. Garganese,Esquire City Attorney Anthony A. Garganese commented, "There was an advertisement that was published in the newspaper and posted on property located on (State Road) 434, right near the GreeneWay Interchange District, it's the ICI property —that was advertised for a Comprehensive Plan Transmittal Hearing for tonight, before the City Commission meeting and obviously that item did not make it on the Agenda. It was postponed at the Planning and Zoning Board[/Local Planning Agency] meeting about two (2) weeks ago, so I just wanted to note that for the Record because that advertisement was published in the newspaper and posted on the property. The Manager's Office will be proceeding with that particular item, sometime in the future." Attorney Garganese further mentioned the matter in question had been postponed at the request of the property owner. REPORTS 401. Office Of The City Manager—Kevin L. Smith City Manager Kevin L. Smith mentioned that Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department, Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department, and Mr. Bobby Howell, AICP, Planner, Community Development Department had won another Award and offered them his congratulations. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—SEPTMBER 24,2012 PAGE 10 OF 23 Secondly, Manager Smith noted that Monday, November 12th, 2012 is a City Holiday and thus no City Commission Regular Meeting would be held. Discussion followed on whether there should be two (2) City Commission meetings in November, a possible conflict with a Police Department Citizen's Academy meeting scheduled for the evening of Tuesday, November 13, 2012, and when newly Elected Officials would be sworn into Office. cztzl With further comments on possibly holding a City Commission Special Meeting on November 13th, 2012, rzk,3 Commissioner Cade Resnick suggested there be just one(1)City Commission meeting in November and that it be held on Monday,November the 19th, 2012. Mayor Lacey summarized the discussion and said, "I think we have got two (2) proposals in front of us - meet on (November)the 13th and(November)the 26th or meet on just(November)the 19th." Attorney Garganese suggested for the Record that a formal Motion be made. "I MAKE A MOTION THAT WE ELECT TO HAVE ONE (1) MEETING IN NOVEMBER AND HAVE THAT MEETING ON THE 19TH." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER SMITH: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Commissioner Jean Hovey then mentioned the December City Commission Regular Meetings and that the second Regular Meeting in December is currently scheduled for December 24th, 2012. Further brief comments. "I WILL MAKE A MOTION THAT WE NOT HAVE THE SECOND MEETING IN DECEMBER." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR LACEY SUMMARIZED THE MOTION WAS, "TO CANCEL THE DECEMBER 24TH, (2012) COMMISSION MEETING." VOTE: COMMISSIONER SMITH: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. Mayor Lacey further stated, "December 10th, (2012)will be our last meeting of the year." Tape 1/Side B CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTMBER 24,2012 PAGE 11 OF 23 REPORTS 402. Office Of The City Clerk—Andrea Lorenzo-Luaces,MMC City Clerk Andrea Lorenzo-Luaces asked if the City Commission wanted to address some of the aspects of the upcoming Inauguration Ceremony. Mayor Lacey suggested the City Commission consider this and then bring it up at a future City Commission meeting. i REPORTS 403. Office of Commissioner Seat Two-The Honorable Rick Brown Commissioner Brown commented on the presentation heard earlier tonight under Awards and Presentations "300" and mentioned that Mr. Stan Van Gundy is also the head of a Political Committee and his comments could be considered as"Electioneering". With further remarks, Commissioner Brown suggested that the City invite Ms. Becky Erwin and Mr. Grant Maloy of"Citizens for Accountable Schools" to attend an upcoming City Commission meeting and "Afford them the same courtesy". Mayor Lacey asked, "Commissioners, is there Consensus for us to extend that invitation?" Commissioner Hovey and Commissioner Resnick said, "Okay." Hearing no objections, Mayor Lacey stated, "I will do that." Mayor Lacey and Commissioner Brown agreed this presentation could be heard during the next City Commission Regular Meeting. REPORTS 404. Office Of Commissioner Seat Three-The Honorable S.Avery Smith Commissioner S. Avery Smith commented on permitting and said she had been working on some resident-related permitting issues and noted that when this was researched, she would get back with the City Commission. REPORTS 405. Office Of Commissioner Seat Four-The Honorable Cade Resnick Commissioner Resnick noted that it was good to see that the Hayes Road project was getting underway. Secondly, Commissioner Resnick said he had been contacted by some Homeowner's Associations over the weekend who were concerned with citizens parking on properties and that they had given the Police Department permission to enter their property and asked if citations were issued, when applicable. Commissioner Resnick added that he was told that "Some of the HOA's (Homeowner's Associations) have signed documents that allow you to enter in their gates - some people feel that their cars are parked inappropriately or some kind of violation is happening." Discussion followed with Captain Chris Deisler, Police Department. Captain Deisler said, "While the HOA(Homeowner's Association) may have By-laws in place that can also help citizens,we will only enforce those things that create a safety or health hazard." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—SEPTMBER 24,2012 PAGE 12 OF 23 REPORTS 406. Office Of Commissioner Seat Five/Deputy Mayor-The Honorable Joanne M. Krebs Absent. REPORTS 407. Office of the Mayor-The Honorable Charles Lacey Mayor Lacey noted the Seminole County Public Schools forum scheduled for October 2nd, 2012, that he was not es able to be present for this meeting, and should Deputy Mayor Joanne M. Krebs be unable to attend for him, would someone else on the City Commission be able to participate? Commissioner Hovey said that she would be able to attend if Deputy Mayor Krebs cannot. Mayor Lacey suggested that Commissioner Hovey communicate with the City Clerk to see if her services were needed,to which Commissioner Hovey said that she would do this. Next, Mayor Lacey mentioned the 2013 State of the County Luncheon scheduled for Friday, February 22nd, 2013 and asked "The Commission to advise the Clerk if you are going to be able to go to that so we can prepare in advance for how big a table or seats to get." Commissioner Resnick noted he would like to attend. Lastly, Mayor Lacey advised that there will be a Chamber of Commerce sponsored Candidate Forum at the Winter Springs Senior Center on October 241", 2012 at 7:00 p.m. for the District Three Candidates. REPORTS 408. Office Of Commissioner Seat One-The Honorable Jean Hovey Commissioner Hovey noted she was also pleased to see the Hayes Road project moving ahead. Continuing, Commissioner Hovey commented on a recent meeting with the Governor and discussions they had on the Florida Retirement System, and other issues. PUBLIC INPUT Ms. Teresa Ailey, 3 La Vista Drive, Winter Springs, Florida: spoke of her concern with noise from the Kee Wee Entertainment District, a report she had filed with the Police Department, that she was speaking for a number of her fellow neighbors, that she was collecting petition signatures, that the excessive sound could affect their property values, how noise can contribute to higher crime rates, and that she does not hear birds any more. Mr. Sebastian Gauza, 617 Pearl Road, Winter Springs, Florida: also commented on noise from the Kee Wee Entertainment District and mentioned some differences in recent weeks. Mr. Gauza also remarked about the difference in noise levels when they have bands playing inside, and that in such situations, the noise is not so bad. Mr. Gauza then played a sample of the sounds emanating from the Kee Wee Entertainment District compared with the noise from his air conditioner. Ms. Eileen Rogers, 616 Pearl Road, Winter Springs, Florida: stated that she also was here on behalf of some neighbors and referenced some comments by an expert who thought the sounds from Kee Wee Entertainment District were higher than they should be, and added that long periods of sound affect their lifestyles. Ms. Rogers asked if anything was being considered to remedy this situation. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTMBER 24,2012 PAGE 13 OF 23 Discussion followed on a recent visit by a sound expert. Captain Deisler then commented on recent occurrences, how they are handling complaints, enforcement issues, and that they will be coming back with a Report when the data has been compiled. Commissioner Resnick asked how far the noise was travelling and said to Mr. Brian Fields, P.E., City Engineer, Public Works Department, "Is there anything in the design of this facility that could lead us to allow for this kind ara, of noise to be travelling further?" Commissioner Resnick then referenced music played outside of Commissioner Brown's business and that they had not received any complaints for that establishment. Mr. Fields suggested that noise acoustics information could be forwarded to the expert for his consideration. Commissioner Resnick hoped ,, this could be done as soon as possible. Alst Continuing the discussion, Commissioner Smith commented that she had been advised that Kee Wee °` Entertainment District had bought a "Noise measurement device" but that it did not measure frequency. Commissioner Smith also noted that she had been told that Kee Wee Entertainment District was going to have bands play inside their business, that they might also install a sound absorbent structure, and inquired if we had any timelines on these? Discussion followed. Mr. James Pitts, 904 Augusta National Boulevard, Winter Springs, Florida: commented on Homeowner's Exemptions on property taxes and noted that he recently found out that Seminole County offers an additional Exemption for seniors over the age of seventy-five (75), that the City of Altamonte Springs and the City of Casselberry both offer an additional exemption for citizens over seventy-five (75) years of age, and asked if this was something Winter Springs could consider. Commissioner Hovey added, "Is it something we can look into?" Attorney Garganese explained, "There are several statutory optional Exemptions for Ad Valorem Taxes; there is an age Ad Valorem Tax Exemption. We can go ahead and put together an item for you, so you can take a look at the Statute and determine what the City's options are." Mayor Lacey added, "If you are going to do that, it should include a financial analysis of what that means." Attorney Garganese said the City Manager could handle that and he could provide the legal information. Mayor Lacey then asked, "Is there a Consensus from the Commission that we are going to ask Anthony (Garganese) to put together the basic background information for this, for consideration — with the fiscal evaluation?" Commissioner Hovey stated, "Yes." Commissioner Resnick agreed also. No objections were stated. Mr. Arsenio Calle, 110 Arrowhead Court, Winter Springs, Florida: mentioned that he thought that the individuals speaking on the proposed Property Tax increase would have stayed through Public Input so that citizens could address them; and hoped that the Seminole County Public Schools School Board would sign a contract that after four (4)years of the proposed Property Tax, that it would not continue. Mr. Calle added that he thought that the financial crises in the school system could be solved if schools were all Charter Schools. Commissioner Resnick offered to help Mr. Calle get his comments to the Seminole County Public Schools School Board for their consideration. Commissioner Hovey then commented on Charter Schools and also offered to put Mr. Calle in contact with Members of the School Board to help get Mr. Calle's questions answered. Mayor Lacey closed "Public Input". CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTMBER 24,2012 PAGE 14 OF 23 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office of the City Manager REQUEST: The City Manager is requesting that the City Commission hold a Public Hearing relative to the approval of Resolution No. 2012-31, which establishes the Final Operating Millage Rate and the Final Voted Debt Service Millage Rate for Fiscal Year 2012-2013 for the City of Winter Springs. FISCAL IMPACT: The decision to levy an operating millage rate of 2.4300 mills as opposed to the rolled-back rate of 2.4859 mills results in reduced ad valorem General Fund revenues of approximately $85,000. The decision to maintain the voted debt service millage rate at 0.1100 mills requires a subsidy from the General Fund to the Central Winds Debt Service Fund in the amount of$27,000. 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. Upon approval and adoption of Resolution No. 2012-31, the millage rates for fiscal year 2012-2013 will be communicated to the Seminole County Property Appraiser and the Seminole County Tax Collector as the millage rates to be levied by the City of Winter Springs for the 2012 tax year(Fiscal Year 2012-2013). RECOMMENDATION: It is recommended that the Commission adopt Resolution No. 2012-31 establishing the final operating millage rate at whatever rate the Commission deems necessary for fiscal year 2012-2013 (not to exceed 2.4300 mills),the final voted debt service millage rate at 0.1100 mills for fiscal year 2012-2013 and publicly announce the percentage by which the final operating millage rate is less than the rolled-back rate. A `sample' motion follows which includes the necessary elements for statutory compliance: I make the motion that the City of Winter Springs adopt Resolution No. 2012-31 establishing the final operating millage rate at 2.4300 mills, establishing the voted debt service millage rate at 0.1100 mills and publicly announce that the final operating millage rate is 2.25% less than the computed rolled-back rate of 2.4859 mills. Ms. Kelly Balagia, Budget Analyst, Finance and Administrative Services Department presented this Agenda Item and related Resolution. 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-SEPTMBER 24,2012 PAGE 15 OF 23 "I WILL MAKE THE MOTION THEN THAT THE CITY OF WINTER SPRINGS ADOPT RESOLUTION NUMBER 2012-31, ESTABLISHING THE FINAL OPERATING MILLAGE RATE AT 2.4300 MILLS, ESTABLISHING THE VOTED DEBT SERVICE MILLAGE RATE AT 0.1100 MILLS AND PUBLICLY ANNOUNCE THAT THE FINAL OPERATING MILLAGE RATE IS 2.25% LESS THAN THE COMPUTED ROLLED-BACK RATE OF 2.4859 MILLS." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR LACEY NOTED THIS FOR THE RECORD. ignal VOTE: COMMISSIONER SMITH: AYE ---�* COMMISSIONER RESNICK: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office of the City Manager REQUEST: The City Manager is proposing that the City Commission hold a Public Hearing to consider the approval of Resolution No.2012-32,establishing the Final Budget for Fiscal Year 2012-2013. FISCAL IMPACT: The proposed final city-wide budgets by fund type currently reflect the following appropriations to (from) fund balance: General Fund — ($343,327); comprised of $2,983 of positive operating coverage and ($346,310) in capital/non-recurring coverage Governmental Funds(exclusive of General Fund)—($1,804,174) Enterprise Funds—$442,311 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. Upon approval and adoption of Resolution No. 2012-32,the Final Budget for Fiscal Year 2012-2013 will be implemented and become effective on October 1,2012. Within two weeks of adoption the Final Budget will be placed on the City's website. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTMBER 24,2012 PAGE 16 OF 23 RECOMMENDATION: • Recommend that the Commission approve the final budget for fiscal year 2012-2013 • Recommend that the Commission adopt Resolution No. 2012-32 establishing the final budget for _ Fiscal Year 2012-2013 A `sample' motion follows: ` I make the motion that the City of Winter Springs adopt Resolution No. 2012-32 establishing the final C" --"3 budget for the fiscal year commencing on October 1,2012 and ending on September 30,2013. Ms. Balagia briefly spoke on this Agenda Item. ,�.m....•-w Mayor Lacey opened the "Public Input"portion of this Agenda Item. No one spoke. Mayor Lacey closed the "Public Input"portion of this Agenda Item. "I MAKE THE MOTION THAT THE CITY OF WINTER SPRINGS ADOPT RESOLUTION NUMBER 2012-32 ESTABLISHING THE FINAL BUDGET FOR THE FISCAL YEAR COMMENCING ON OCTOBER 1, 2012 AND ENDING ON SEPTEMBER 30TH, 2013." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR LACEY NOTED THIS FOR THE RECORD. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER SMITH: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department REQUEST: The Community Development Department — Planning Division requests that City Commission hold a Public Hearing for First Reading of Ordinance 2012-16, amending the City's Code of Ordinances, Chapter 15 to update planning regulations in light of House Bill 7207. FISCAL IMPACT: Ordinance 2012-16 amends the City's Code of Ordinances, Chapter 15 to update planning regulations in light of House Bill 7207. There is no immediate fiscal impact directly associated with this agenda item. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTMBER 24,2012 PAGE 17 OF 23 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 `tr: 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 to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Attorney, the Planning and Zoning Board,and the Community Development Department — Planning Division recommend that the City Commission hold a Public Hearing for First Reading of Ordinance 2012-16, amending the City's Code of Ordinances, Chapter 15 to update planning regulations in light of House Bill 7207. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. Commissioner Resnick left the dais at 6:40 p.m. Brief comments. Commissioner Resnick returned to the dais at 6.•41 p.m. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2012-16 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. "MOTION TO APPROVE, MOVE TO SECOND." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MAYOR LACEY SUMMARIZED, MOTION TO "APPROVE ON FIRST READING, MOVE TO SECOND READING- ORDINANCE 2012-16." VOTE: COMMISSIONER SMITH: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. Mayor Lacey added, "Ordinance 2012-16 is Moved to Second Reading." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTMBER 24,2012 PAGE 18 OF 23 PUBLIC HEARINGS 503. Community Development Department REQUEST: The Community Development Department - Planning Division requests that City Commission hold a Public Hearing for transmittal of Ordinance 2012-14, amending the Comprehensive Plan related to the Capital Improvements Element(Expedited State Review,CPA-2012-03-ESR). , FISCAL IMPACT: i; ' The amendment is not expected to have any negative fiscal impact. The administrative text amendment updates the Capital Improvements Element by incorporating the currently adopted legislation. ,; 0„ 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. August 30,2012-Public Noticing in Orlando Sentinel(10 days prior to LPA) RECOMMENDATION: Staff and the Local Planning Agency (LPA) recommend that the City Commission hold a Public Hearing for first reading and Transmit Ordinance 2012-14 (Expedited State Review CPA 2012-03)to the Florida Department of Economic Opportunity as required by Florida Statute 163.3184 (3) Expedited State Review Amendment Process. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2012-14 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. "MOTION TO APPROVE AND MOVE TO SECOND." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MAYOR LACEY SUMMARIZED, MOTION TO "APPROVE ON FIRST READING, MOVE TO SECOND READING- ORDINANCE 2012-14." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—SEPTMBER 24,2012 PAGE 19 OF 23 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER SMITH: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Mayor Lacey summarized, "Ordinance 2012-14 is Moved to Second Reading." PUBLIC HEARINGS oss� 504. Community Development Department REQUEST: The Community Development Department— Planning Division requests that the City Commission review and approve the preliminary Five-Year Capital Improvements Program for FY 2013 through FY 2018. FISCAL IMPACT: The Capital Improvements Program (CIP) is a 6-year schedule of improvements that includes the Capital Improvements Element Schedule and all other capital projects to be funded by the City. The CIP neither appropriates funds nor authorizes projects; it is a planning document. However,the items identified in the first year of the CIP are typically included in the upcoming year's budget for the City. 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 and the Planning & Zoning Board/Local Planning Agency recommend that the City Commission approve the preliminary Capital Improvements Program for FY 2013 thru FY 2018. Mr. Woodruff introduced this Agenda Item for discussion. Mayor Lacey opened the "Public Input"portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input"portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTMBER 24,2012 PAGE 20 OF 23 VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER SMITH: AYE — COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE "°, - MOTION CARRIED. ar` PUBLIC HEARINGS ` 505. Community Development Department-Planning Division REQUEST: The Community Development Department —Planning Division requests that the City Commission hold a public hearing for the first reading of Ordinance 2012-15, which updates of Chapter 6, Code of Ordinances,Buildings and Building Regulation. FISCAL IMPACT: There is no fiscal impact associated with the adoption of this Ordinance. 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 and the Planning and Zoning Board recommend the City Commission approve first reading of Ordinance 2012-15, the update of Chapter 6, Code of Ordinances, Buildings and Building Regulations, and move said Ordinance forward to second reading. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2012-15 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. "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—SEPTMBER 24,2012 PAGE 21 OF 23 VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BROWN: AYE COMMISSIONER SMITH: AYE "' MOTION CARRIED. Tape 2/Side A AGENDA REGULAR 600. Office of the City Attorney REQUEST: At the City Commission's request, the City Attorney presents his legal research regarding the possible display of the phrase, "In God We Trust," in the Commission Chambers behind the dais and possible incorporation of the phrase into the official City's seal, and requests further direction from the City Commission including consideration of the draft Resolution presented with this Agenda Item. FISCAL IMPACT: The display of "In God We Trust" in heavy duty brass gold lettering (similar to the lettering above the City Hall lobby counters)in the Commission Chambers will cost approximately$1,000. The cost of incorporating "In God We Trust" into the City seal would have to be determined over time subject to future budget and appropriations approved by the City Commission. 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: 1. The City Attorney recommends that the City Commission consider the legal research and information contained in this agenda item regarding the national and State of Florida motto, "In God We Trust." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTMBER 24,2012 PAGE 22 OF 23 2. Based on this research and information, the City Attorney requests that the City Commission provide direction regarding the possible display of the phrase, "In God We Trust," in the Commission Chambers behind the dais and incorporating the phrase into the City's seal. 3. If the City Commission decides to authorize the display of the phrase, "In God We Trust," in the Commission Chambers behind the dais and/or incorporating the phrase into the official City's seal, the City Attorney recommends that said authorization be by resolution. A draft Resolution is provided for consideration and can be modified as the City Commission deems desirable. Attorney Garganese introduced this Agenda Item. Ace- Brief comments followed on the suggested Motions. "I WOULD LIKE TO MAKE A MOTION THAT WE DO BOTH—AS YOU SAID, WE PHASE IN THE SECOND PART TO ONLY INCORPORATE IT AS ARTICLES OF STATIONARY OR OTHER ARTICLES THAT NEED TO BE REPLACED COME DUE; BUT I WOULD THINK WE SHOULD MOVE FORWARD WITH THE SEAL BEHIND THE DAIS AS QUICKLY AS POSSIBLE, AND APPROVE THE AGENDA ITEM." MOTION BY COMMISSIONER BROWN. COMMISSIONER RESNICK SUGGESTED WE CONSIDER A DIFFERENT LOGO. FURTHER COMMENTS FOLLOWED ON THE CITY'S SEAL/LOGO. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. COMMISSIONER BROWN RE-STATED HIS MOTION BY SAYING, "I WILL MOVE THAT THAT WE INCORPOIRATE `IN GOD WE TRUST', IN LETTERS OVER THE SEAL BEHIND THE DAIS; AND THAT WE PHASE IN, `IN GOD WE TRUST' INTO OUR EXISTING LOGO AND ON ALL OF OUR COMMUNICATIONS,WHERE THE LOGO IS REPRESENTED." MAYOR LACEY NOTED, "I INTERPRET THAT AS ACCEPTING THE RESOLUTION THAT YOU PUT FORWARD. I THINK THE RESOLUTION WE HAVE IN FRONT OF US, INCORPORATES EVERYTHING COMMISSIONER BROWN SUGGESTED." MANAGER SMITH STATED,"TRUE." COMMISSIONER BROWN ADDED TO HIS MOTION, "AND TO FORMALLY ADOPT THE RESOLUTION AS PRESENTED." COMMISSIONER HOVEY SECONDED THE MOTION AGAIN. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER SMITH: AYE MOTION CARRIED. Mayor Lacey added, "The Resolution as presented is Adopted." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—SEPTMBER 24,2012 PAGE 23 OF 23 PUBLIC INPUT Ms. Teresa Ailey, 3 La Vista Drive, Winter Springs, Florida: commented further on many of the problems as a result of the noise complaints at Kee Wee Entertainment District, asked why the complaints are not enough to get action, and said the noise there was very intrusive. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:59 p.m. 3 t RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, MMC CITY CLERK APPROVED: MAYOR CHARLES LACEY NOTE: These Minutes were Approved at the ,2012 City Commission Regular Meeting.