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HomeMy WebLinkAbout2016 09 12 City Commission Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA xNTFR Incorporated • 1959 ' coo WF CITY COMMISSION MINUTES REGULAR MEETING MONDAY, SEPTEMBER 12, 2016 - 5:15 P.M. CITY HALL—COMMISSION CHAMBERS 1126 EAST STATE ROAD 434,WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Jean Hovey- Seat One Commissioner Kevin Cannon- Seat Two Commissioner Pam Carroll - Seat Three Commissioner Cade Resnick- Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 12,2016 PAGE 2 OF 25 CALL TO ORDER The Regular Meeting of Monday, September 12, 2016 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 Jean Hovey,present Commissioner Kevin Cannon,present Commissioner Pam Carroll,present Commissioner Cade Resnick,present Commissioner Joanne M.Krebs,present City Manager Kevin L. Smith,present City Attorney Anthony A. Garganese,present City Clerk Andrea Lorenzo-Luaces,present A moment of silence was held, and then followed by the Pledge of Allegiance. Regarding the Agenda, Mayor Lacey stated, "May we adopt the Agenda as presented? Hearing no objections, it will stand as adopted." AWARDS AND PRESENTATIONS Mayor Lacey noted a"Point of Personal Privilege", then with the City Commission presented a Proclamation to Commissioner Joanne M. Krebs in honor of her being nominated for the Florida League of Cities' E. Harris Drew Municipal Official Lifetime Achievement Award. AWARDS AND PRESENTATIONS 100. Parks and Recreation Department REQUEST: The Parks and Recreation Department requests the Mayor and City Commission assist with the Presentation of Awards recognizing specific campers in the Camp Sunshine Summer Camp program for outstanding character traits. Mr. Chris Caldwell, Director, Parks and Recreation Department assisted Mayor Lacey in presenting Certificates to the following Camp Sunshine Summer Campers who were in attendance: Elijah Payton,Kaley Schumake, and Maximus Wu. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 12,2016 PAGE 3 OF 25 AWARDS AND PRESENTATIONS 101. Office of the Mayor REQUEST: Mayor Charles Lacey along with the City Commission wish to honor the Winter Springs Babe Ruth 6U Softball All Star Purple Diamonds who recently were invited to play in the first ever Babe Ruth World Series 6U softball game and won the District 7 championship. Mr. Caldwell, Coach Dave Ruscitti along with Mayor Lacey and the City Commission presented Certificates to the following Winter Springs Babe Ruth 6U Softball All Star Purple Diamonds players: Alexa Ayers, Maddison Barahona, Lauren Daugherty, Alivia Doubleday, Kira Gold, Leanna Hovey, Payton Jordan, Yanelisse Montaiiez, Lyla Morin,Hurley Romero, and Ashlyn Ruscitti. INFORMATIONAL AGENDA INFORMATIONAL 200. Community Development Department REQUEST: The Community Development Department is advising the City Commission of the status of various development projects within the City. 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 six(6) 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. INFORMATIONAL 201.Parks and Recreation Department REQUEST: The Parks and Recreation Department wishes to inform the Commission of the Improvements at Moss Park and an invitation to attend a soft re-opening & community celebration on September 24, 2016 from 1lam-fpm. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 12,2016 PAGE 4 OF 25 FISCAL IMPACT: Moss Park Project Improvements were completed at a cost of$148,976. 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 six (6) 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. INFORMATIONAL 202. Office of the City Clerk REQUEST: The City Clerk wishes to inform the City Commission of the Candidates that have Qualified for the November 8,2016 City of Winter Springs General Municipal Election. FISCAL IMPACT: There is no Fiscal Impact related to the approval of this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public,and posted at six(6) 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. Official Notice of the Results from the Qualifying Period were provided to the Candidates who Qualified, as well as the Supervisor of Elections for Seminole County; and were sent to the Winter Springs Mayor and City Commission,City Manager,City Attorney,Staff,and also posted in the Lobby at Winter Springs' City Hall. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 12,2016 PAGE 5 OF 25 RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. Mayor Lacey referenced this Agenda Item and noted that Commissioner Pam Carroll and Deputy Mayor Jean Hovey had been Reelected unopposed to a new Term beginning in November of this year. Furthermore, Mayor Lacey mentioned that there will be an Inauguration Ceremony on November 21, 2016 and that the two(2)Candidates who have qualified to run for Seat Five are in the audience and stated, "I would invite you to contact the Clerk if you have any input to how you would like to be involved in that Ceremony, should you be the one selected by the Voters." INFORMATIONAL 203.Public Works Department- Stormwater Division REQUEST: The Public Works Department providing the City Commission information about the Zika virus and related,ongoing Mosquito Control activities in Seminole County. FISCAL IMPACT: This agenda item provides information and has no fiscal impact on 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 six(6) different locations around the City. Furthermore,this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. There was no discussion on this Agenda Item. PUBLIC INPUT Mayor Lacey opened "Public Input". Mr. Dan Lenhoff, 208 Bennett Street, Winter Springs, Florida: commented on seeing Code Enforcement at some homes,but not others; and then spoke of some issues with dangerous dogs in his neighborhood. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 12,2016 PAGE 6 OF 25 Commissioner Krebs asked Chief of Police Kevin Brunelle, Police Department about dog related matters, and Seminole County Animal Control. It was pointed out that even if someone calls Seminole County about an animal issue, that if there is a definite safety concern to call the Winter Springs Police Department at(407) 327-1000 and of course for an emergency to call 9-1-1; and it was suggested that this information could be added to a type of fact sheet and distributed. Ms. Brenda Kormylo, 210 Bennett Street, Winter Springs, Florida: also spoke of dangerous dogs in her community, thanked Chief Brunelle for help from his Code Enforcement Staff, and mentioned that it appears to her that the issue is not with the dogs,but with the property owners. Discussion ensued on the preference that property owners be contacted about problem dogs, that residents should feel safe, the City's Nuisance Ordinance, that the Police Department sends letters when applicable, civil liability, and risks. Chief Brunelle asked Ms. Kormylo if the residents had been calling the Police Department as Chief Brunelle had asked to be contacted if there were any issues. Chief Brunelle said he was not aware of any calls, however he would check the records. Comments followed on putting the applicable party on notice, potential Fines, and a situation involving Ms. Kormylo. Discussion followed on such discussion points as homeowners cannot remain anonymous when calling Seminole County Animal Control and therefore, some residents do not want to get involved; a house that was breeding dogs; members of the City Commission thanked Mr. Lenhoff and Ms. Kormylo for coming out to this meeting and noted their interest in helping the residents; that we need to work together; residents should contact the Police Department when they need their assistance; and that the Police Department could perhaps distribute a flyer to area residents including children,as perhaps children may notice some issues first. Mr. Lenhoff mentioned they would be willing to help distribute such flyers. Other possible sources to send out information noted were utility bills and"Facebook". Chief Brunelle commented for the Record about individuals remaining anonymous however, complaints need to be filed and anonymous complaints do not help prosecute cases. Commissioner Krebs remarked that any direction to Staff needs to come from the City Manager. Chief Brunelle said that they have produced and passed out flyers as well as magnets, have held Homeowner Association meetings around the City, and noted that CAC (Citizens Advisory Committee) meetings start back Wednesday, September 14,2016. Mayor Lacey also said that the Commission's ideas were ideas and any direction needs to given by the City Manager. Chief Brunelle was asked if his Officers see something, can they be the complainant/witness, to which Chief Brunelle said"Yes". Mayor Lacey closed "Public Input". CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 12,2016 PAGE 7 OF 25 CONSENT AGENDA CONSENT 300.Information Services Department REQUEST: The Information Services Department requests authorization to dispose of surplus assets according to the attached disposition sheets. FISCAL IMPACT: There is no cost to dispose of these surplus assets. The City receives revenue generated from items sold at auction. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, 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 six(6) different locations around the City. Furthermore,this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission approve the disposition of the attached list of surplus assets. No discussion. CONSENT 301. Public Works Department REQUEST: The Public Works Department requesting authorization to enter into an agreement with Atlantic Civil Constructors Corporation for construction of Intersection Improvements at S.R. 434 and Tuscora Drive (Right-Turn Deceleration Lane),ITB#06-16-BF,in the amount of$286,820.05 plus a 10% contingency. FISCAL IMPACT: The construction project cost is $286,820.05 plus a 10% contingency for a total roadway construction authorization of $315,502.06. The project is funded by the Transportation Impact Fee fund,including a supplemental appropriation from Transportation Impact Fee Fund Balance in the amount of$65,502.06. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 12,2016 PAGE 8 OF 25 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 six(6) different locations around the City. Furthermore,this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission authorize entering into an agreement with Atlantic Civil Constructors Corporation for construction of Intersection Improvements at SR 434 and Tuscora Drive, ITB#06-16-BF,in the amount of$286,820.05 plus a 10% contingency,and authorize the City Manager and the City Attorney to prepare and execute any and all applicable documents. There was no discussion on this Agenda Item. CONSENT 302. Utility Department REQUEST: Utility Department Requesting Approval to piggyback off of the Volusia County contract with Allied Universal Corporation for the purchase of Sodium Hypochlorite(liquid chlorine). FISCAL IMPACT: Annual expenses of$167,000 for the purchase of chlorine are budgeted in the Utility Department chlorine line code 3600-55233. Savings are anticipated to be approximately $10,000 per year depending on water volume delivered. 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 six(6) different locations around the City. Furthermore,this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 12,2016 PAGE 9 OF 25 RECOMMENDATION: It is recommended that authorization be granted for the City Manager and City Attorney to prepare and execute any and all applicable documents needed to piggyback off of the Volusia County contract with Allied Universal Corporation for the purchase of sodium hypochlorite at$0.587 per gallon. No discussion. CONSENT 303. Community Development Department-Building Division REQUEST: The Community Development Department, Building Division, is requesting City Commission authorization to enter into a contract agreement with Universal Engineering Sciences for Building Inspections and Plans Review Continuing Services for an initial period of one (1)year with the potential of up to four (4) annual extensions by piggybacking off of Universal's contract with the City of Lakeland (RFQ#4127). FISCAL IMPACT: Funding for services performed pursuant to the continuing services agreement with Universal Engineering Sciences will be generated from plans review fees, permit fees, and inspection services related to the 420 Fund(an enterprise fund),on an as-needed basis. 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 six(6) 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 Community Development Department,Building Division, is recommending that the City Commission authorize the City Manager and the City Attorney to prepare and execute any and all documents necessary to execute a contract for plans review and inspections services with Universal Engineering Sciences for an initial one (1) year term with the potential of up to four (4) annual extensions by piggybacking off of City of Lakeland Contract(RFQ#4127). This Agenda Item was not discussed. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 12,2016 PAGE 10 OF 25 CONSENT 304. Public Works Department REQUEST: Public Works Department Requests that the City Commission Approve the Traffic Signal Maintenance and Compensation Agreement with the Florida Department of Transportation. FISCAL IMPACT: The City previously received $14,920 from FDOT in FY 15 which increased to$27,360 in FY 16. If approved, the FY 17 compensation will increase to $40,813. Revenues and expenses related to traffic signals are accounted for in the Transportation Improvement Fund which has a primary funding source from the Local Option Gas Tax. 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 six(6) different locations around the City. Furthermore,this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission Approve the Traffic Signal Maintenance and Compensation Agreement with the Florida Department of Transportation and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. No discussion. CONSENT 305. Office of the City Clerk REQUEST: The City Clerk is requesting the City Commission Review and Approve the Monday, August 8,2016 City Commission Regular Meeting Minutes. FISCAL IMPACT: There is no fiscal impact related to this Agenda Item. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 12,2016 PAGE 11 OF 25 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 six(6) 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 Clerk is requesting the City Commission review and consider offering their Approval of the Monday,August 8,2016 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 306. 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 9th Annual Winter Springs Festival of the Arts. FISCAL IMPACT: City Parks and Recreation and Public Works services estimated at $1,600. City Public Safety Services not to exceed$5,500. Blumberg Blvd.rental revenue received by the City is $800 per the agreement. 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 six(6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission 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 9th Annual Winter Springs Festival of the Arts. No discussion. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 12,2016 PAGE 12 OF 25 CONSENT 307. Police Department REQUEST: The Police Department requests the Commission approve the renewal of the annual School Resource Officer (SRO) inter-agency agreement with the Seminole County School Board and authorize the City Attorney to prepare and the City Manager to execute any and all related documents on behalf of the City. FISCAL IMPACT: As part of providing these officers to the schools mentioned above, the School Board will pay the city $68,409.13 in three (3) equal installments of $17,102.28, and one final installment of $17,102.29 commencing third quarter 2016 to be paid on the fifteenth day of August 2016, November 2016, February 2017, and May 2017. 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 six(6) 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 recommends the Commission approve the 2016-2017 inter-agency contract with the Seminole County School Board for the two School Resource Officers and to authorize the City Attorney to prepare and City Manager to execute any and all applicable documents. This Agenda Item was not discussed. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE COMMISSIONER CARROLL: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER CANNON: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 12,2016 PAGE 13 OF 25 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Finance and Administrative Services Department REQUEST: The City Manager is requesting that the City Commission hold a Public Hearing relative to the approval of Resolution No. 2016-15, which establishes the Tentative Operating Millage Rate for Fiscal Year 2017 for the City of Winter Springs at 2.4300 mills which is 4.20% more than the rolled-back rate of 2.3320 mills and the Tentative Voted Debt Service Millage Rate for Fiscal Year 2017 for the City of Winter Springs at 0.0700 mills. FISCAL IMPACT: The decision to levy an operating millage rate of 2.4300 mills as opposed to the rolled-back rate of 2.3320 mills will result in additional ad valorem General Fund revenue of approximately $185,000 (net of statutory discount). 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 six(6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. In August, each property owner was notified of this public hearing via the TRIM (Truth in Millage) notice as distributed by the Seminole County Property Appraiser. Upon approval and adoption of Resolution No. 2016-15, the appropriate advertising will run in the Orlando Sentinel on September 22, 2016 which will reflect the tentative millage rates for Fiscal Year 2017 and announce the final Public Hearing for September 26,2016 at 5:15 p.m. RECOMMENDATION: It is recommended that the Commission adopt Resolution No. 2016-15 establishing the tentative operating millage rate at 2.4300 mills and tentative voted debt service millage rate at 0.0700 mills for Fiscal Year 2017 and authorize the City to advertise in a newspaper of general circulation the City's intent to hold public hearings to adopt final millage rates and final budget in compliance with Florida Statute 200.065. Sample Motion: I move to approve Resolution 2016-15 establishing the tentative Fiscal Year 2017 operating millage rate for the City of Winter Springs at 2.4300 mills and the voted debt service millage rate at 0.0700 mills and authorize advertisement of the City's intent to hold public hearings to adopt the final millage rates and budget. The operating millage rate of 2.4300 mills is 4.20% greater than the rolled-back rate of 2.3320 mills. Mayor Lacey presented this Agenda Item. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 12,2016 PAGE 14 OF 25 Continuing, Mayor Lacey said that the recommended Motion was to approve "Resolution 2016-15 establishing the tentative Fiscal Year 2017 operating millage rate for the City of Winter Springs at 2.4300 mills and the voted debt service millage rate at 0.0700 mills and authorize advertisement of the City's intent to hold Public Hearings to adopt the final millage rates and budget. The operating millage rate of 2.4300 mills is 4.20% greater than the rolled-back rate of 2.3320 mills. Is there a Motion to that affect?" "SO MOVED." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. Brief comments with Ms. Kelly Balagia, Budget Analyst, Finance and Administrative Services Department were heard next. 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. VOTE: COMMISSIONER CARROLL: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER CANNON: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 401. Finance and Administrative Services Department REQUEST: The City Manager is requesting that the City Commission hold a Public Hearing relative to the approval of Resolution No.2016-16,establishing the Tentative Budget for Fiscal Year 2017. FISCAL IMPACT: The tentative city-wide budgets by fund type currently reflect the following appropriations to (from) fund balance: General Fund—$1,668 Governmental Funds(exclusive of General Fund)—($3,733,157) Enterprise Funds—$3,042,563 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 six (6) different locations around the City. Furthermore,this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 12,2016 PAGE 15 OF 25 In August, each property owner was notified of this public hearing via the TRIM (Truth in Millage) notice as distributed by the Seminole County Property Appraiser. Additionally, the Tentative Budget has been published on the City's website. Upon approval and adoption of Resolution No. 2016-16, a budget summary advertisement will be placed in the Orlando Sentinel on September 22, 2016 reflecting the Tentative Budget for Fiscal Year 2017 and announce the final Public Hearing for September 26, 2016 at 5:15 p.m. RECOMMENDATION: It is recommended that the Commission: • Approve the tentative budget for Fiscal Year 2017 or amend it as it deems necessary. • Adopt Resolution No.2016-16 establishing the tentative budget for Fiscal Year 2017 as approved by the Commission; and authorize the City to advertise its intent to hold public hearings to adopt final millage rates and final budget and to include a budget summary in a newspaper of general circulation in compliance with Florida Statute 200.065. Sample Motion: I move to approve Resolution 2016-16 establishing the Tentative Budget for the City of Winter Springs for Fiscal Year 2017 and authorizing advertisement of the City's intent to hold public hearings to adopt the final millage rates and budget. This Agenda Item was introduced by Mayor Lacey who said that the recommended Motion would be to approve "Resolution 2016-16 establishing the Tentative Budget for the City of Winter Springs for Fiscal Year 2017 and authorizing advertisement of the City's intent to hold Public Hearings to adopt the final millage rates and budget." "SO MOVED." MOTION BY COMMISSIONER CARROLL. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. RELATED TO THIS AGENDA ITEM AND MOTION, COMMISSIONER KREBS SUGGESTED, "THE NEXT TIME SOMETHING COMES UP, IF THERE IS ANY KIND OF RAISES THAT ARE OFFERED OR AVAILABLE,THAT IT INCLUDES THE CITY MANAGER AND THE CITY CLERK..." MAYOR LACEY ADDED,"...SO WE DON'T HAVE TO PLAY CATCH UP EVERY YEAR." AS TO HOW THIS WOULD BE DONE, MAYOR LACEY PROPOSED, "I WOULD SAY THAT WE GIVE CONSENSUS DIRECTION TO THE MANAGER TO ALWAYS DO THAT WHEN HE IS PREPARING HIS BUDGET." COMMISSIONER KREBS STATED,"I AGREE." MAYOR LACEY ASKED, "IS THERE ANY OBJECTION FROM THE COMMISSION?" NO OBJECTIONS WERE VOICED. MAYOR LACEY THEN REMARKED,"DIRECTION IS SO GIVEN." 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-SEPTEMBER 12,2016 PAGE 16 OF 25 VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER CANNON: AYE COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 500. Office of the City Manager and Office of the City Clerk REQUEST: The City Manager and the City Clerk request that the City Commission consider the information in this Agenda Item related to a Farewell/Appreciation Event for departing Commissioner Joanne M. Krebs, and decide how they wish to proceed. FISCAL IMPACT: Possible Options for funding could include any, some,and/or all of the following: • Attendees would pay 100% • City pays portion/Attendee pays portion [not including Guest(s)of Honor] • General Fund pays for entire Event • Vendor Sponsorship (from partial percentage, some, or all costs)—if this is the preference,please specify which Vendor to ask Other Costs To Consider: • Costs will typically be more for Events held at a City venue, specifically due to City staffing costs, catering costs which tend to run higher, in addition to any Event type items we might need to provide,such as tablecloths,serveware,etc. 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 six(6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 12,2016 PAGE 17 OF 25 RECOMMENDATION: The City Commission is being requested to discuss what kind of Farewell/Appreciation Event they wish to hold in honor of Commissioner Joanne M. Krebs; and once the following details have been decided on, advise Staff on proceeding: • Kind of Event • Venue • Funding • Notifications • Date (Staff is suggesting a January 2017 or February 2017 date due to the end of Commissioner Krebs' Term of office, a new Seat Five Commissioner coming on board, and holiday plans that many people may already have made) With discussion on this Agenda Item, Commissioner Krebs was asked about her availability and after brief remarks, it was suggested that the second half of January 2017 and into February 2017 might work best for this event. Mayor Lacey added that the event should be held after the Scottish Highland Games, and also after the Martin Luther King Jr.holiday. Further comments followed on the last similar event which was basically a fifty/fifty (50150) split and Deputy Mayor Hovey thought that in terms of a location, the Tuscawilla Country Club was the biggest. No objections to were noted. Further remarks followed with City Clerk Andrea Lorenzo-Luaces on some of the details. Commissioner Resnick suggested the event be held on a Saturday evening, and Mayor Lacey concurred. No objections were noted. City Clerk Lorenzo-Luaces remarked, "I can certainly check with them for a Saturday evening and let you all know and have you confirm the date(s), if that's okay." Mayor Lacey said to City Clerk Lorenzo-Luaces, "So you are going to come back to us with a couple of Saturdays hopefully to chose from, after Martin Luther King Day— confirm that the country club will give us a competitive price and be available." Commissioner Carroll asked what kind of dinner service would be best, and Mayor Lacey suggested plated service. With no objections voiced, Mayor Lacey added, "We will discuss it in a couple of weeks." REPORTS REPORTS 600. Office Of The City Attorney—Anthony A. Garganese,Esquire No Report. REPORTS 601. Office Of The City Manager—Kevin L. Smith Manager Smith said he had been contacted by the Director of Operations for Seminole County Public Schools and as they are reviewing their current Impact Fees structure, a School Board citizens advisory group would be assembled to offer advice on the topic of Impact Fees, that residents who might be qualified to serve on this committee would be asked to join,and the City Commission will be kept informed on this study as it progresses. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 12,2016 PAGE 18 OF 25 REPORTS 602. Office Of The City Clerk—Andrea Lorenzo-Luaces,MMC No Report was given. REPORTS 603. Office of Commissioner Seat Three-The Honorable Pam Carroll Commissioner Carroll offered thanks to Mr. Brian Fields, P.E., City Engineer, Public Works Department for his assistance with getting some cables removed from the Parkstone community that were left by a communications company. Secondly, Commissioner Carroll mentioned that Seminole County Public Schools' School Board Member Karen Almond had told Commissioner Carroll that she wanted to walk along the sidewalk with her and to return along the Trail. Commissioner Carroll suggested that School Board Member Almond would need to work with the Legislature regarding improving walking routes. REPORTS 604. Office of Commissioner Seat Four-The Honorable Cade Resnick Commissioner Cade Resnick spoke of the Florida. League of Cities Annual Conference he recently attended and thought the classes offered were very good and was especially pleased with a session on team building and cohesiveness and added that we do need to work as a team, that the youth are watching what we are doing and that we must to be able to reach them as they get older. Commissioner Resnick also spoke of the Ethics course which he found of interest. Next, Commissioner Resnick thanked Mr. Fields, Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department and Staff for their assistance with some issues in the Seven Oaks community and also thanked Chief Brunelle for his help. REPORTS 605. Office of Commissioner Seat Five-The Honorable Joanne M.Krebs Commissioner Krebs offered her thanks for the flowers, the Proclamation, and the Nomination for the Florida League of Cities' E.Harris Drew Municipal Official Lifetime Achievement Award. Next, Commissioner Krebs congratulated Deputy Mayor Hovey and Commissioner Carroll for being Reelected Unopposed and also congratulated the Candidates running for Seat Five. Lastly, Commissioner Krebs noted that she would have some farewell comments and wanted to make sure Mayor Lacey would be present. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 12,2016 PAGE 19 OF 25 REPORTS 606. Office of the Mayor-The Honorable Charles Lacey Mayor Lacey said he would not be present for the second October City Commission meeting and mentioned the typical annual Election for a Deputy Mayor, adding, "In consideration of Commissioner Krebs' long service and several different opportunities she has had to serve as Deputy Mayor,I would like to see if the Commission would be willing to schedule an Election for Deputy Mayor at the next meeting, and obviously it would be an open Election - it would go the way it would go; but I suggested it with the idea that the Commission could appoint Joanne Krebs as the Deputy Mayor beginning in October so she would finish her Term as Deputy Mayor which would coincidentally then mean that she would be presiding at the second meeting of October when I am absent. So, I am looking to see if the Commission is receptive to that idea and would like to see that put on the Agenda for October." COMMISSIONER CANNON ASKED WHAT DEPUTY MAYOR HOVEY THOUGHT, TO WHICH DEPUTY MAYOR HOVEY RESPONDED, "I AM GOING TO SO MOVE THAT COMMISSIONER KREBS IS—NOMINATED FOR DEPUTY MAYOR." MAYOR LACEY NOTED, "SINCE OUR RULES REQUIRE US REALLY TO SCHEDULE EVENTS LIKE THAT, COULD THE MOTION BE THAT WE ASK THE MANAGER TO PUT IT ON THE AGENDA FOR OCTOBER." DEPUTY MAYOR HOVEY STATED, "I HAVE NO OBJECTION TO THAT." SECONDED BY COMMISSIONER RESNICK. DISCUSSION. ADDITIONAL COMMENTS ENSUED REGARDING THE IMPENDING VACANCY ONCE COMMISSION KREBS LEAVES THE CITY COMMISSION. WITH BRIEF COMMENTS, COMMISSIONER CANNON SUGGESTED A FRIENDLY AMENDMENT TO ALSO INCLUDE AN ELECTION FOR DEPUTY MAYOR AFTER COMMISSIONER KREBS' TERM HAS ENDED,SO THE DEPUTY MAYOR POSITION IS NOT LEFT OPEN. MAYOR LACEY CLARIFIED, "YOU WOULD LIKE TO SEE, AT THE NEXT MEETING WHICH IS NOVEMBER 21sT, (2016) MEETING, HAVE IT AS PART OF ITS' AGENDA." MAYOR LACEY ADDED, "IS THERE OBJECTION FROM THE COMMISSION TO AMEND THE MOTION TO THE EFFECT THAT COMMISSIONER CANNON STATED?" COMMISSIONER CARROLL SAID, "NO." NO OBJECTIONS WERE VOICED. IT WAS CLARIFIED THAT THE FIRST DEPUTY MAYOR ELECTION WOULD BE ON THE AGENDA FOR THE FIRST MEETING IN OCTOBER. COMMISSIONER RESNICK MENTIONED HE WOULD NOT BE PRESENT AT THE NOVEMBER 21sT, (2016) SPECIAL MEETING, BUT COULD POSSIBLY CALL IN. ADDITIONAL COMMENTS FOLLOWED. DISCUSSION ON RULES AND PROCEDURES FOLLOWED. IT WAS NOTED THAT IF THE MAYOR AND DEPUTY MAYOR ARE NOT PRESENT, THE COMMISSIONER WITH THE MOST SENIORITY WOULD PRESIDE. MANAGER SMITH POINTED OUT THAT, "IF WE HAVE AN ELECTION FOR DEPUTY MAYOR IN THE FIRST MEETING IN OCTOBER, AND THEN WE HAVE AN ELECTION FOR DEPUTY MAYOR AGAIN IN NOVEMBER, AFER COMMISSIONER KREBS IS TERMED OUT, I THINK YOU ALL HAVE ACCOMPLISHED MAKING SURE THAT THE DEPUTY MAYOR SEAT IS FILLED." MAYOR LACEY REMARKED,"I THINK SO." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 12,2016 PAGE 20 OF 25 FURTHER REMARKS FOLLOWED ON THE SIGNATURE OF DOCUMENTS AND THE PROVISIONS THAT APPLY. ATTORNEY GARGANESE NOTED, "THE DEPUTY MAYOR SOMETIMES EXECUTES DOCUMENTS TO THE EXTENT THAT WE NEED TO EXPEDITE OR THE COMMISSION CAN REQUIRE THE MANAGER TO SIGN CERTAIN DOCUMENTS, NOT ORDINANCES OF COURSE, BUT WITH RESPECT TO ORDINANCES, THE MAYOR DOESN'T LOSE HIS POTENTIAL VETO POWER JUST BECAUSE HE'S ON VACATION. HE WOULD STILL RESERVE THAT POWER EVEN THOUGH THE DEPUTY MAYOR MAY BE PRESIDING OVER THE PARTICULAR MEETING,AND SIGN THE ORDINANCES LATER." VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER CANNON: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. Continuing with his Report,Mayor Lacey spoke of the information from the City of Cape Canaveral that had been sent to the City Commission regarding guidelines for Elected Officials and that Mayor Lacey thought it could be "Rolled into our existing rules of procedure and made part of that and we would schedule that for a future debate and Vote of the Commission." Mayor Lacey hoped that the City Commission could give direction to City Attorney Anthony A. Garganese and City Manager Kevin L. Smith to prepare an Ordinance for consideration at the next City Commission meeting. Comments ensued on perhaps having such a discussion after the upcoming Election so that the individual Elected to Seat Five could be a part of the discussion; expectations and the time it takes for many to learn how to be a good Elected Official; following something like this as a reference; having the input and experience of the current Seat Five Commissioner (Commissioner Krebs) before Commissioner Krebs leaves office; issues that recently happened in a nearby municipality; that there is usually a learning curve for most Elected Officials; that the City Manager was hired for a reason and the process that should be followed; that Winter Springs does not have the same issues as a nearby city; past City Commissions; that Resolution 2015-29 and the City Charter include many of the suggested changes and adding in what the City of Cape Canaveral uses would be duplicative and unnecessary. Remarks followed on whether such changes would be in a Resolution or an Ordinance. Mayor Lacey suggested that what he was interested in such a Motion was to "Take the Cape Canaveral language, substituting out `City Council' for `City Commission' and any other necessary changes that reflect our structure versus Cape Canaveral's structure, but verbatim taking those paragraphs from their Code and incorporating it with our rules of procedure into an Ordinance, and have that First Reading at the next meeting." Much discussion. "I WILL MAKE THE MOTION TO ASK THE CITY MANAGER AND THE CITY ATTORNEY TO DRAFT AN ORDINANCE OF THE RULES, WHAT WE CURRENTLY HAVE, AND WHAT WAS PRESENTED IN THE EMAIL THAT ANDREA (LORENZO-LUACES) FORWARDED FROM THE MAYOR." MOTION BY DEPUTY MAYOR HOVEY. COMMISSIONER KREBS STATED, "I WOULD LIKE TO SECOND THAT WITH THE ONE THING THAT COMMISSIONER CANNON HAD ASKED FOR, THAT IT BE SOMEWHAT CLEANED UP AND STREAMLINED WHERE POSSIBLE." DEPUTY MAYOR HOVEY ADDED, "YES, I AGREE." DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 12,2016 PAGE 21 OF 25 MAYOR LACEY NOTED,"I WOULD AGREE WITH THAT EXCEPT THAT I DO NOT THINK THAT DUPLICATIVE IS NECESSARILY BAD BECAUSE MY VIEW OF THIS IS THAT IF IT RESTATES SOMETHING IN THE CHARTER, THAT IS REALLY THE PURPOSE OF IT, IS TO TAKE THE LANGUAGE IN THE CHARTER AND NOT JUST RESTATE IT BUT AMPLIFY ON IT AND PUT SOME MORE MEANING TO IT." MANAGER SMITH AND ATTORNEY GARGANESE ASKED FOR MORE CLARIFICATION DURING THIS MEETING AND FROM THIS BODY AS A WHOLE. FURTHER COMMENTS. COMMISSIONER CARROLL SUGGESTED, "TO PROTECT ALL OF US, I WOULD SUGGEST THAT WE HAVE INCLUDED, THAT WE MUST DISCLOSE ALL EX PARTE CONVERSATIONS THAT WE HAVE WITH DEVELOPERS." ADDITIONAL REMARKS FOLLOWED. COMMISSIONER CANNON AGREED WITH WHAT MANAGER SMITH AND ATTORNEY GARGANESE SAID AND THEN NOTED, "THERE ARE A LOT OF ADDITIONAL THINGS SPECIFICALLY DEALING WITH LAND DEVELOPMENT REGULATIONS AND INDIVIDUAL APPLICANTS AND THEIR COMMUNICATION WITH INDIVIDUAL COMMISSIONERS - THERE ARE A LOT OF THINGS THAT ARE NOT IN THAT ORDINANCE THAT CAME FROM THE MAYOR THAT WAS FORWARDED AROUND. COMMISSIONER CANNON THEN SUGGESTED THAT A WORKSHOP BE HELD, TO ALSO GET INPUT FROM STAFF,AND THAT HE WOULD PREFER MORE TIME. COMMISSIONER KREBS MENTIONED THAT AS TIME GOES ON, SUCH CHANGES CAN BE MADE AND THEN SUGGESTED, "WHAT I WOULD LIKE AS CLEAR DIRECTION THEN AT THIS POINT WOULD BE FOR YOU TO BRING IT BACK AND OF COURSE YOU HAVE TO CHANGE THE NAME AND THINGS LIKE THAT AND THAT IS WHAT I MEAN BY CLEAN UP BUT ANYTHING THAT YOU THINK MIGHT NOT BE NECESSARY OR PERTAINS, YOU ACTUALLY HAVE A LINE THROUGH IT OR SOMETHING SO THAT WHEN WE ARE LOOKING AT THE DOCUMENT WE CAN SAY, `YES, THAT MAKES SENSE', `TAKE THAT OUT', OR `DO NOT INCLUDE THAT'; AND SO, YOU JUST ACTUALLY HAVE EVERYTHING THERE BUT WITH YOUR OWN OPINION AND THEN WE HAVE OURS AND WE CAN EVEN WORDSMITH IT FURTHER OURSELVES." MAYOR LACEY REMARKED,"I AGREE WITH THAT." COMMISSIONER RESNICK COMMENTED, "I CONCUR WITH EXACTLY WHAT WAS JUST SAID BY COMMISSIONER KREBS." FURTHER REMARKS FOLLOWED ON INVOLVEMENT WITH DEVELOPERS AND POTENTIAL PROJECTS, QUASI-JUDICIAL MATTERS, LAND DEVELOPMENT REGULATIONS, INTERACTIONS WITH APPLICANTS AND DEVELOPERS, WORKING WITH THE CITY MANAGER, THE SUNSHINE LAW, AND POTENTIAL LAWSUITS IF THE CITY TURNS DOWN A PROJECT. COMMISSIONER CANNON SUGGESTED THAT PERHAPS "THE CITY ATTORNEY HAS SOME LANGUAGE THAT HE IS AWARE OF THAT HAS BEEN USED BY OTHER JURISDICTIONS THAT COULD BE ADDED TO THAT,AND IF SO,I THINK IT SHOULD BE ADDED TO THAT." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 12,2016 PAGE 22 OF 25 MAYOR LACEY SAID TO COMMISSIONER CANNON, "LET ME PROPOSE THIS AND SEE IF IT MEETS YOUR CONCERNS AND I AM ACTUALLY BORROWING OFF OF COMMISSIONER CARROLL'S SUGGESTION SOMETIME BACK, IN THAT IN ADDITION TO THE PARAGRAPHS THAT ARE IN FRONT OF US, WE ADD ANOTHER PARAGRAPH THAT SPEAKS TO EX PARTE COMMUNICATIONS IN A PUBLIC HEARING ENVIRONMENT WHERE THIS MAY COME BEFORE US AS A QUASI-JUDICIAL MATTER AND I THINK THE INTENT OF THE COMMISSION HAS BEEN SAID, I WILL ASK ANTHONY (GARGANESE) HIS OPINION - YOU CAN PROBABLY WORDSMITH SOME SENTENCES THAT SPEAK TO THE CONCERNS THAT YOU HAVE HEARD HERE." COMMISSIONER CANNON MENTIONED EX PARTE LANGUAGE AND POINTED OUT, "YOU MAY GET A PHONE CALL OR SOMETHING LIKE THAT. THAT DOESN'T MEAN YOU ARE GOING TO DISCUSS ANY OF THE SUBSTANTIVE INFORMATION OR SAY, A PENDING APPLICATION. I FEEL VERY STRONGLY THAT THOSE TYPES OF CONVERSATIONS SHOULD TAKE PLACE AND BE COORDINATED, OR MEETINGS, WHATEVER, EVEN IF IT IS A PHONE CALL, SHOULD BE COORDINATED THROUGH THE CITY MANAGER'S OFFICE AND HIS APPROPRIATE DEPARTMENT HEAD AND IF NECESSARY, HE MAY WANT TO BRING IN THE CITY ATTORNEY ON THAT CONFERENCE CALL; BUT I THINK IT NEEDS TO BE COORDINATED AT THAT LEVEL." MANAGER SMITH STATED, "I BELIEVE THAT THE MOTION THAT IS ON THE TABLE OR THE REQUEST FROM THE COMMISSION IS TO TAKE THE CURRENT RESOLUTION THAT GOVERNS OUR RULES OF PROCEDURE, TO COMBINE THEM WITH THE CAPE CANAVERAL RULES THAT WERE EMAILED TO EVERYONE AND PRESENT THEM IN THE FORM OF AN ORDINANCE FOR CONSIDERATION OF FIRST READING AT THE NEXT MEETING AND TO BE DISCUSSED." MAYOR LACEY SAID,"EXACTLY." FURTHER, MANAGER SMITH SAID THAT HE AND ATTORNEY GARGANESE WOULD BE HAPPY TO DO THIS BUT WOULD PREFER TO ERR ON THE SIDE OF CLEANING UP LESS, THAN MORE. MANAGER SMITH ADDED, "MY SECOND THOUGHT PROCESS IS RELATIVE TO WHAT COMMISSIONER CANNON SAID - I THINK THAT IT'S BEEN VERY DIFFICULT FOR COMMISSION'S OVER THE YEARS, WHEN THEY SIT IN A POTENTIAL QUASI-JUDICIAL MATTER ON A LAND USE MATTER - I THINK VERY OFTEN THEIR CONSTITUENTS AND RIGHTFULLY SO, COME TO THEM ASKING FOR HELP AND AGAIN, RIGHTFULLY SO - 'I DON'T WANT THIS IN MY BACK YARD, COMMISSIONER'; `I DON'T LIKE THIS PROJECT, COMMISSIONER'; `I DON'T LIKE THAT PROJECT, COMMISSIONER'; AND THE COMMISSION IS PUT IN A VERY, VERY, VERY TOUGH SPOT BECAUSE THEY HAVE TO SWITCH HATS AND SIT, NOT AS COMMISSIONERS ANYMORE, BUT AS POTENTIALLY JUDGES, AND WHEN THEY DO THAT, THERE ARE VERY STRICT RULES THAT THEY HAVE TO FOLLOW, AND A LOT OF TIMES, THEY CAN'T OFFER THEIR OPINION; MATTER OF FACT, MOST TIMES THEY CAN'T OFFER THEIR OPINION." CONTINUING, MANAGER SMITH NOTED, "THESE RULES ARE VERY STRICTLY GOVERNED BY STATUTE AND I BELIEVE THAT ANTHONY (GARGANESE) CAN TAKE THOSE STATUTES AND INCORPORATE THEM AS PART OF THIS ORDINANCE FOR YOU ALL TO REVIEW AND I THINK THAT WOULD BE IN SUMMARY, THE REQUEST THAT I WOULD HAVE, IF THAT MEETS YOUR MOTION AND YOUR DIRECTION,THAT WOULD BE MY REQUEST." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 12,2016 PAGE 23 OF 25 MAYOR LACEY POINTED OUT, "SO, THE MOTION AS STATED COVERS YOUR FIRST PART. I WOULD NEED CONSENSUS FROM THE COMMISSION FOR THE MOTION TO INCLUDE THE SECOND PART OF DELEGATING TO ANTHONY (GARGANESE) THE RESPONSIBILITY OF COMING BACK WITH ANOTHER STATEMENT THAT SPEAKS TO THOSE QUASI-JUDICIAL RESPONSIBILITIES AND I WON'T BE A LAWYER AND SAY IT IS EX PARTE OR NOT EX PARTE, WHATEVER ANTHONY(GARGANESE)THINKS IS THE RIGHT LANGAAGE." FURTHER REMARKS ON EX PARTE TYPE SITUATIONS FOLLOWED. MAYOR LACEY REFERENCED THE MOTION, AND SAID THAT THE AMENDMENT WAS ADOPTED BY GENERAL CONSENSUS, AND THEN REITERATED, THE "MOTION IS TO TAKE OUR CURRENT RULES AND PROCEDURES, INCORPORATE WITH SCRIVENERS CORRECTIONS THE CAPE CANAVERAL LANGUAGE, AND FOR ANTHONY (GARGANESE) TO ADD TO THAT, DIRECTION TO THE COMMISSION IN REGARDS TO OUR ROLE IN QUASI- JUDICIAL MATTERS." VOTE: COMMISSIONER CANNON: AYE COMMISSIONER CARROLL: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REPORTS 607. Office of Commissioner Seat One/Deputy Mayor-The Honorable Jean Hovey Deputy Mayor Hovey thanked the residents for her Reelection and being able to serve for four(4)more years. Secondly, Deputy Mayor Hovey inquired of Mr. Stevenson about the status of the proposed new Perkins restaurant. Mr. Stevenson gave a brief update and mentioned a possible upcoming Ribbon Cutting. Next, Deputy Mayor Hovey asked Chief Brunelle about the postponed Citizens Police Academy and suggested that Chief Brunelle give her information when Deputy Mayor Hovey attends this week's Citizens Advisory Committee, so that Deputy Mayor Hovey could forward such information to Winter Springs Parent-Teachers Associations (PTA's)who would then share the information with residents. With further remarks, Chief Brunelle said to Deputy Mayor Hovey, "Absolutely, I will have the information for you." Deputy Mayor Hovey then mentioned attending an occasion at Layer Elementary School which had a good turn out and which was a nice event. Lastly, Deputy Mayor Hovey spoke of her participating in the Seminole County Public Schools Leadership Academy and the high number of free and reduced lunches at many Seminole County schools. With further comments about food panties at Seminole County schools, Deputy Mayor Hovey added, "If anyone ever wants to donate,just go to your neighborhood school." It was mentioned that canned goods, ramen noodles, paper goods, as well as personal toiletry items were always accepted. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 12,2016 PAGE 24 OF 25 REPORTS 608. Office of Commissioner Seat Two-The Honorable Kevin Cannon Commissioner Kevin Cannon inquired about the Integra 360 project and asked about construction, to which Mr. Fields indicated that they had begun site work but had not yet started building construction. Commissioner Cannon then inquired, "At what point - of the Developers Agreement, required the immediate removal of the signs,the billboard in the front, at what point will that be triggered? It says `Construction'." Mr. Stevenson added that they had a request in to the Developer about this. Commissioner Cannon said to Mr. Stevenson, "So, you are following up on that?" Mr. Stevenson responded, "I am following up on it Commissioner." Continuing, Commissioner Cannon addressed the possibility of the Medical Marijuana Amendment passing at the State level and his concern with upcoming possible distribution, and that he wanted to make a Motion related to this matter. Mayor Lacey said that City Staff and the City Attorney were currently working on similar provisions. Discussion followed on what other local municipalities were doing,that this matter is being studied and a possible Moratorium would be the best approach, moving quickly, other governing bodies, and implications on the cottage food industry. Commissioner Cannon spoke of the City of Winter Springs and added, "I do applaud that it is not just going to be the sale of cannabis but also I would like to encourage you to include growth, manufacture, distillation, and distribution." Commissioner Cannon hoped that this matter would be placed on the next Agenda. With further comments, Mayor Lacey asked, "Is their objection from the Commission that it is the request of the City Commission that the Medical Marijuana Moratorium be placed on the next Agenda, if possible?" No objections were voiced. Discussion continued. PUBLIC INPUT Mayor Lacey opened "Public Input". Mr. Maurice Kaprow, Post Office Box 195232, Winter Springs, Florida: commented on the Millage and Budget and offered his appreciation; and secondly thanked Commissioner Krebs for her service and wished her his best. Mayor Lacey closed "Public Input". CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—SEPTEMBER 12,2016 PAGE 25 OF 25 ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 7:23 p.m. RESPECTFULLY SUBMITTED: t. ANDItEA LORENZO-LUACES,MMC CITY CLERK APPROVED: MAYOR CITARLES L C NOTE: These Minutes were Approved at the October 10,2016 City Commission Regular Meeting.