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HomeMy WebLinkAbout2016 09 26 City Commission Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA `I`I�NTE�4 Incorporated • 1959 • iMGOD WE��Jy� CITY COMMISSION MINUTES REGULAR MEETING MONDAY, SEPTEMBER 26, 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 26,2016 PAGE 2 OF 20 CALL TO ORDER The Regular Meeting of Monday, September 26, 2016 of the City Commission was called to Order by Deputy Mayor Jean Hovey 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 via telephone 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, arrived at 5:16 p.m. City Clerk Andrea Lorenzo-Luaces,present A moment of silence was held,followed by the Pledge of Allegiance. City Attorney Anthony A. Garganese arrived at 5:16p.m. Related to the Agenda, Deputy Mayor Hovey asked, "Are there any Agenda Changes?" No objections were voiced and the Agenda was approved. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Office of the City Manager REQUEST: Mr. Jim Gleason, representing the Board of Directors for the Florida City and County Management Association (FCCMA), wishes to present the Mayor & Commission a certificate in honor and recognition of Winter Springs' 35th Anniversary as an ICMA recognized Commission-Manager Form of Government. This Agenda Item was not heard. INFORMATIONAL AGENDA INFORMATIONAL 200. Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 26,2016 PAGE 3 OF 20 PUBLIC INPUT Deputy Mayor Hovey opened "Public Input". No one spoke. Deputy Mayor Hovey closed "Public Input". CONSENT AGENDA CONSENT 300.Public Works Department- Stormwater Division REQUEST: The Community Development Department requests that the City Commission review the attached The Public Works Department/ Stormwater Division requesting authorization to renew the contract with The Lake Doctors, Inc. for one year in the amount of$41,185.42, plus a 10% contingency,for aquatic weed control and maintenance services of City-maintained lakes,ponds, and other stormwater facilities. FISCAL IMPACT: The total cost over the one-year contract renewal period is $41,185.42, plus a 10% contingency,funded by the Stormwater Utility Fund. 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 a contract renewal with The Lake Doctors, Inc. for one year in the amount of $41,185.42 plus a 10% contingency,for aquatic weed control and maintenance services of City-maintained lakes,ponds, and other stormwater facilities. There was no discussion on this Agenda Item. CONSENT 301. Information Services Department REQUEST: The Information Services Department requests Commission approve the renewal and payment of the annual Cisco Smartnet maintenance agreement thru Veytec, Inc., in the amount of$31,217, utilizing State of Florida Contract #43220000-WSCA-I4-ACS, and authorize the City Manager and City Attorney to prepare and execute all necessary documents. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 26,2016 PAGE 4 OF 20 FISCAL IMPACT: The fiscal impact is $31,217. This is a budgeted and recurring item and will be paid from Information Services maintenance budget. 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: Information Services recommends Commission authorize renewal and payment of the annual Cisco Smartnet maintenance agreement thru Veytec, Inc., in the amount of$31,217 utilizing the State of Florida Contract # 43220000-WSCA-I4-ACS and for the City Manager and City Attorney to prepare and execute all necessary documents. No discussion. CONSENT 302. Finance and Administrative Services Department REQUEST: The City Manager and Finance & Administrative Services Department are requesting the Commission adopt Bond Resolution 2016-20 to accept the proposal by Fifth Third Bank to purchase the City's, not to exceed $6,600,000,Water and Sewer Revenue Refunding Notes, Series 2011 A, B & C,to refund all of the City's outstanding Water and Sewer Refunding Revenue Bonds, Series 2011; and authorize the City Manager and City Attorney to execute all necessary documents to complete the associated new loan agreement with Fifth Third Bank. FISCAL IMPACT: Upon acceptance of the refinancing of the Water and Sewer Refunding Revenue notes, Series 2011 A,B & C by Fifth Third Bank City will realize a Net Present Value savings of$186,730(net) over the remaining 5 years until final maturity of the bank note on 10/1/2021. This equates to a savings for the City of$37,346 (nominal) annually. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 26,2016 PAGE 5 OF 20 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 Manager and Finance Department recommend that the City Commission accept the Fifth Third Bank proposal to issue a bank note to refund the City's Water and Sewer Refunding Revenue Notes, Series 2011 A, B & C, not to exceed $6,600,000, adopt Resolution 2016-20, and authorize the City Manager and City Attorney to complete all applicable paperwork necessary to complete this refinancing. This Agenda Item was not discussed. "MOTION TO APPROVE CONSENT AGENDA." MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER CANNON: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. 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 2016-17, which establishes the Final Operating Millage Rate and the Final Voted Debt Service Millage Rate for Fiscal Year 2017 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 2.3320 mills results in additional ad valorem General Fund revenues of approximately $185,000 (net of statutory discount). CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 26,2016 PAGE 6 OF 20 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. The Property Appraiser mailed each property owner a TRIM notice prior to the first Public Hearing on September 12th. Additionally, the budget calendar has been on the City's website since its approval in March and notice of the final public hearing was advertised on the City Hall electronic sign. Lastly, and most importantly, the statutorily required advertisements ran in the Orlando Sentinel on September 22, 2016. Upon approval and adoption of Resolution 2016-17, the final millage rates for fiscal year 2016-2017 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 2016 tax year (Fiscal Year 2016- 2017). RECOMMENDATION: It is recommended that the Commission adopt Resolution 2016-17 establishing the final operating millage rate at whatever rate the Commission deems appropriate for Fiscal Year 2017 (not to exceed 2.4300 mills), the final voted debt service millage rate at 0.0700 mills for Fiscal Year 2017 and publicly announce the percentage by which the final operating millage rate is more 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 2016-17 establishing the final operating millage rate at 2.4300 mills, establishing the voted debt service millage rate at 0.0700 mills and publicly announce that the final operating millage rate is 4.20% more than the computed rolled-back rate of 2.3320 mills. Ms.Kelly Balagia,Budget Analyst,Finance and Administrative Services Department presented this Agenda Item for discussion. Brief comments. Deputy Mayor Hovey opened the "Public Input"portion of the Agenda Item. No one spoke. Deputy Mayor Hovey closed the "Public Input"portion of the Agenda Item. "I MAKE THE MOTION THAT THE CITY OF WINTER SPRINGS ADOPT RESOLUTION 2016-17 ESTABLISHING THE FINAL OPERATING MILLAGE RATE AT 2.4300 MILLS, ESTABLISHING THE VOTED DEBT SERVICE MILLAGE RATE AT 0.0700 MILLS AND MAKING THAT THE FINAL OPERATING MILLAGE RATE IS 4.20% MORE THAN THE COMPUTED ROLLED-BACK RATE OF 2.3320 MILLS." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 26,2016 PAGE 7 OF 20 VOTE: COMMISSIONER CANNON: AYE COMMISSIONER KREBS: AYE COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. PUBLIC HEARINGS 401. Finance and Administrative Services Department REQUEST: The City Manager requests that the City Commission hold a Public Hearing to consider the approval of Resolution No.2016-18,establishing the Final Budget for Fiscal Year 2017. FISCAL IMPACT: The proposed final 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. The Property Appraiser mailed each property owner a TRIM notice prior to the first Public Hearing on September 12`h. Additionally, the budget calendar has been on the City's website since its approval in March and notice of the final public hearing was advertised on the City Hall electronic sign. Lastly, and most importantly, the statutorily required advertisements ran in the Orlando Sentinel on September 22, 2016. The Tentative Budget has been posted on the City's website and within two weeks of adoption the Final Budget(unchanged from the Tentative)will likewise be published. RECOMMENDATION: Recommend that the Commission: • Approve the final budget for Fiscal Year 2017 or amend it as deemed necessary. • Adopt Resolution No.2016-18 establishing the final budget for Fiscal Year 2017. A `sample' motion follows: I make the motion that the City of Winter Springs adopt Resolution No. 2016-18 establishing the final budget for the fiscal year commencing on October 1,2016 and ending on September 30,2017. This Agenda Item began with introductory comments from Ms. Balagia. Brief remarks. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 26,2016 PAGE 8 OF 20 Deputy Mayor Hovey opened the "Public Input"portion of the Agenda Item. No one addressed the City Commission. Deputy Mayor Hovey closed the "Public Input"portion of the Agenda Item. "MOTION THAT THE CITY OF WINTER SPRINGS ADOPT RESOLUTION 2016-18 ESTABLISHING THE FINAL BUDGET FOR THE FISCAL YEAR COMMENCING ON OCTOBER 1, 2016 AND ENDING ON SEPTEMBER 30, 2017." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE COMMISSIONER CANNON: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 402. Community Development Department-Planning Division REQUEST: The Community Development Department—Planning Division requests that the City Commission hold a Public Hearing to consider: 1) Preliminary/Final Engineering Plan, and 2)Aesthetic Review for Phase IV of the Nursery Road Warehouses, located on the south side of Nursery Road,east of U.S. 17-92, specifically at 1080 Nursery Road. FISCAL IMPACT: Approval of the Final Engineering Plan and Aesthetic Review allows the subject property to be developed into a 9,000 square-foot warehouse. Development of the subject property is anticipated to provide an increase to the City's taxable value.The potential tax revenue of the proposed project is as follows: • 9,000 square foot commercial building= $400,000 assessed tax value o $400,000/1000=400 o $400.00 x(2.4300)=$972.00 o $972(less the 4% statutory discount)=$933.00 tax revenue 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 26,2016 PAGE 9 OF 20 RECOMMENDATION: The Local Planning Agency/Planning & Zoning Board and City Staff recommend the City Commission approve: 1) Final Engineering Plan (subject to satisfying all open engineering comments), and 2) Aesthetic Review,for Nursery Road Warehouse, Phase IV, a 9,000 square-foot warehouse building located on the south side of Nursery Road,east of U.S. 17-92. Ms. Amanda Webb,Planner, Community Development Department began the discussion on this Agenda Item. Brief comments followed on the projected fence material and water issues associated with Phase III. Deputy Mayor Hovey opened the "Public Input"portion of the Agenda Item. No one spoke. Deputy Mayor Hovey closed the "Public Input"portion of the Agenda Item. "MOTION TO APPROVE `402'." MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER CANNON: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. PUBLIC HEARINGS 403. Community Development Department REQUEST: The Community Development Department and the City Attorney requests that the City Commission hold a Public hearing for first reading of Ordinance 2016-08 which declares a temporary moratorium within the jurisdictional limits of the City of Winter Springs on Medical Cannabis activities. FISCAL IMPACT: There may be a de minimus fiscal impact associated with the passage of this ordinance since the ordinance prohibits the City from accepting payments for a business tax receipt for medical marijuana treatment centers. 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 26,2016 PAGE 10 OF 20 This ordinance was advertised for first reading in the Orlando Sentinel on Sunday, September 18,2016. RECOMMENDATION: The City Attorney and the Community Development Department recommend that the City Commission hold a public hearing for first reading of Ordinance 2016-08. RELATED TO THE FIRST READING OF ORDINANCE 2016-08, "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2016-08 by"Title"only. Discussion ensued on a typo "derivative" as shown in the summary, Florida Statutes 381.986 (1)(f), that the legislature could modify the legal definition of medical cannabis, and that we may not want to modify the scope of this proposed moratorium, and"Charlotte's Web". Captain Chris Deisler, Police Department briefly addressed Florida Statutes 381.986. Further comments on medical cannabis followed with Attorney Garganese. Deputy Mayor Hovey opened the "Public Input"portion of the Agenda Item. No one addressed the City Commission. Deputy Mayor Hovey closed the "Public Input"portion of the Agenda Item. REGARDING ORDINANCE 2016-08, "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER CARROLL. SECONDED BY COMMISSIONER CANNON. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER CANNON: AYE COMMISSIONER CARROLL: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Attorney Garganese pointed out that that this Ordinance would be advertised once more and then would be heard at the next City Commission meeting for Second/Final Reading. PUBLIC HEARINGS 404. Office of the City Attorney and Office of the City Manager REQUEST: At the request of the City Commission, the City Attorney and City Manager recommend that the City Commission consider,at its discretion,passing proposed Ordinance No.2016-09 on First Reading. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 26,2016 PAGE 11 OF 20 FISCAL IMPACT: There is no direct fiscal impact related to the adoption of the Ordinance other than staff and attorney time to prepare the 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 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 Attorney and City Manager recommend that the City Commission consider, at its discretion, passing proposed Ordinance No. 2016-09 on First Reading. RELATED TO THE FIRST READING OF ORDINANCE 2016-09, "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER CARROLL. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2016-09 by"Title"only. Related to Sec 2-27 (m)(4)., Attorney Garganese noted that this language is not limiting and Commissioner Kevin Cannon spoke for the Record about concerns with constitutionality and a five (5)minute limit. As to Sec 2-27 (5) on page 7 of the proposed Ordinance,Commissioner Cannon was concerned with the wording being too narrow. On page 8 of the proposed Ordinance related to Sec 2-28 (D, Commissioner Cannon spoke of his interest in giving individuals enough time to speak. Further remarks. Commissioner Pam Carroll addressed Sec 2-28 (e,) and remarked about a situation involving an individual(s) holding signs in the back of the Commission Chambers, how this behavior could be distracting, and asked if the Commission might want to consider including such situations. Brief comments followed on First Amendment rights and sizes of signs. Commissioner Cade Resnick spoke of giving residents time to speak, however the City Commission has business to handle during meetings and the City Commission is always available at other times. Next, Commissioner Cannon spoke for the Record about Reports; Sec 2-28 (5) on page 7 of the proposed Ordinance and his concern that this language is too narrow; thought that residents should be able to address the City Commission; referenced Sec 2-29 (h) at the bottom of page 9 of the proposed Ordinance and hoped something in writing could specify guidelines. Related to Sec 2-29 (g) on page 10 of the proposed Ordinance, Commissioner Cannon hoped that the language in this item could be modified; and said that Sec 2-29 (j)on page 10 of the proposed Ordinance is very broad and hoped this could be revised. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 26,2016 PAGE 12 OF 20 Commissioner Carroll addressed Sec 2-28 (5) at the bottom of page 7 of the proposed Ordinance and suggested that comments written on the blue Public Input form be read into the Record, should someone not wish to address the City Commission during the meeting and asked could this be included. Commissioner Joanne M. Krebs said, "I have no objection to that." With further comments, Commissioner Cannon stated, "If it is a quasi-judicial, then the evidence presented includes those forms. If someone doesn't ask that it be included in the Record, it may not be in the Record but we would really need to have that to back up the evidence on the decision that we made; so, I think we really should do that." Attorney Garganese noted,"In the quasi-judicial proceeding, that may be handled differently because if somebody just wants to put a document into the Record, is not here and wants to present evidence and is not here for cross- examination and so forth, there are due process issues. But just on the general public comment, I would caution you about a rule of allowing citizens to come in and present to you documents that are read into the Record. That has been a previous problem with this Commission where citizens felt that they were entitled to have long documents and essays read into the official Record which kind of disrupts the orderly flow of business that the Commission has to conduct." Furthermore, Attorney Garganese added, "In lieu of speaking, a few sentences or so on the blue form, is probably a nice accommodation to put into the rules,but be careful about getting presented a thesis that somebody wants read into the Record." Commissioner Krebs suggested"They need to be here and not just drop off anything, because we have no way to know if that is the person who is dropping off the comment." Deputy Mayor Hovey stated, "Right." Sec 2-28 (5) at the bottom of page 7 of the proposed Ordinance was further addressed by Commissioner Krebs, who mentioned guidelines, that speakers need to address the Mayor, and the City Commission listens. Attorney Garganese and Members of the City Commission spoke more on this section. Commissioner Cannon commented on the second to last sentence in this paragraph beginning with the words, "`Further, it is not appropriate to readdress'..." and hoped, if the City Commission agreed, that it be tweaked. Attorney Garganese said, "That is something we can go back and take a look at. With respect to quasi-judicial matters, once the evidentiary hearing is closed and the Commission makes a decision, it's inappropriate to re-open the evidentiary hearing after the decision has been made,later on in the meeting—maybe the language might be tweaked a little bit in that regard." Remarks continued. Commissioner Krebs referenced page 9 of the proposed Ordinance, not interrupting Department Directors, that the City Commission needs to work as a body, that the City Commission are policy makers, and gave examples of when she would advise the City Manager about concerns. City Manager Kevin L. Smith commented on not breaking the Charter and guidelines. Next Commissioner Krebs then mentioned Department Directors keeping the City Manager informed, and that she tried not to bother the City Manager on weekends unless it is an emergency. Related remarks continued about notifications and not directing Staff. Commissioner Cannon suggested that Sec 2-29 W on page 10 of the proposed Ordinance be further modified for guidance. Next, Commissioner Cannon spoke of Sec 2-29 (k) and Sec 2-29 (D as shown on page 11 of the proposed Ordinance and noted that as Public Records Laws were not included in this proposed Ordinance, Commissioner Cannon hoped this could be tweaked. Commissioner Cannon then commended Attorney Garganese for his efforts with this proposed Ordinance. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 26,2016 PAGE 13 OF 20 Continuing, Commissioner Cannon asked if a reference was in the proposed Ordinance about an Applicant for a possible project contacting individual Commissioners and suggested this be included. Attorney Garganese stated, "We could craft whatever Policy the Commission wants crafted on that particular issue." Further Attorney Garganese pointed to the sixth line from the top of page 16 of the proposed Ordinance which starts with `Non city staff persons desiring...' and said that this wording was somewhat similar to what Commissioner Cannon was asking about. Commissioner Carroll commented on the blue Public Input forms and if there could be a place for residents to indicate that they did not want to address the City Commission during the meeting but did want to have their comments read. Commissioner Carroll then mentioned interactions she has had with City Staff and/or the City Manager. Continuing the discussion, Commissioner Resnick commented on slippery slope type situations, that Elected Officials should not make any kind of a promise, and that this document allows the City Manager to say "No", if he needed to. Related to ex parte communications as shown on the proposed Ordinance, Commissioner Cannon referenced Sec 2-30 (k) which begins on page 15 and commented about how much communication and dialogue was acceptable and suggested this section be modified. Remarks followed on Homeowner's Association meetings, residents' concerns,what could be said to residents, and potential projects coming into the City, Commissioner Cannon spoke further of not discussing the merits of a project and suggested the wording that Elected Officials could use, such as "I can listen to you residents, I can hear your concerns, I cannot make a decision and will not tell you what my decision is' or something like that," and hoped the language could be tweaked. Commissioner Krebs commented that Elected Officials should not discuss the merits of a project, and noted past meetings that were held with residents. Additionally, Commissioner Krebs referenced the last sentence in Sec 2- 30 Lk)of the proposed Ordinance, "`The City Manager or his or her designee will be responsible for handling the discussion or written communication in a manner deemed appropriate'... `such as...' and have something like that language that you were just talking about." Commissioner Cannon further commented on him being an Elected Official and wanting to be able to speak with residents. Discussion followed on perceptions,merits,and listening without addressing merits. Attorney Garganese pointed out, "Ex parte communications in the quasi-judicial context, as we talked about over the years - it's obtaining information outside of the quasi-judicial hearing, obtaining information that you could potentially use to make a decision. The law says that that ex parte communication is deemed prejudicial to a fair hearing. That information needs to be presented in the record so everybody knows what that information is. The Commission can't independently or should not independently go out and fact find on a quasi-judicial matter, it should sit up here on the dais, act like a judge and wait for the evidence to be presented to you. That is the cleanest way possible to protect your interests as a quasi-judicial City Commissioner. Because, as a quasi-judicial City Commissioner you can be disqualified from voting if you are prejudicial or have bias. And one way where you can be deemed to have been prejudiced and biased is by going out and obtaining all of this information outside of the hearing and keeping it to yourself and then voting against the project or for a project,based on that ex parte information. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 26,2016 PAGE 14 OF 20 If it's found out that you obtained that information, there is evidence that you obtained the information, there's good evidence, circumstantial evidence perhaps, that you've used that information against or for somebody, you can be deemed disqualified. Now if you've already voted on the matter and it affected the final decision of the Commission, that whole decision can be overturned,just on that basis alone; and that's just the mechanics of the Vote. I'm not even getting into the constitutional issues now, that somebody could raise against you individually as a Commissioner or your official capacity as a Commissioner or against the City." With further remarks, Attorney Garganese added, "One way that the Legislature has dealt with it, this ex parte communication if it should occur, needs to be fully disclosed at the meeting so anybody who has any gripe with it or wants to question anything about that information, can do so and that creates a fair hearing." Attorney Garganese suggested, "My recommendation would be for this Commission to come up with some rule that more than most of the time, practically in all instances, protects you to Vote on a quasi-judicial matter individually first and foremost, because that's what you are elected to do; and secondly, protect the City Commission's decision,whatever that may be. You may be on the prevailing side or on the opposite side. I don't care what side you're on, but whatever the decision the Commission makes, one of you better not have gained or been involved in ex parte communications that undermines that decision. That's just not fair to the governing body,right, as a collective body." Additionally, Attorney Garganese pointed out on ex parte communications, "It's more than just committing; it's again, it's also obtaining information outside of the Hearing that you need to be concerned with." Discussion. Attorney Garganese then said to the City Commission, "The purist rule would be if anybody wanted to present factual or expert testimony to you outside of a quasi-judicial Hearing, I would caution you not to take that testimony outside of the quasi-judicial Hearing, because it could prejudice your ability to Vote and could prejudice the decision of the Commission. That's the purist rule. Now under 286.0115 Florida Statutes, the Legislature Disclosure Rule, "Then the Commissioner would have to disclose that factual or expert testimony/ex parte communication in the Record at the meeting so everybody can hear it, test it, rebut it, whatever they want you to do, ask you more questions about the conversation, etcetera, etcetera." Further remarks followed, and regarding unsolicited emails that a Commissioner might receive, Attorney Garganese recommended, "I would forward that to the Manager or the Department Head in charge of processing the Application so it's in the Record." Comments continued. Deputy Mayor Hovey opened the "Public Input"portion of the Agenda Item. Ms. Colleen Murphy, 684 Fanning Drive, Winter Springs, Florida: said she had not read this document, thought this long discussion could be simplified, and as a resident, that she has had good communication with City representatives. Further remarks. Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: noted that he agreed with the previous speaker, has full respect for Manager Smith and Mr. Shawn Boyle, Director, Finance and Administrative Services Department, thought this discussion was turning this Commission Meeting into a law office, and commented on past interactions at previous City Commission meetings he had attended and instances when he spoke. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 26,2016 PAGE 15 OF 20 Commissioner Resnick commented briefly on the background of this Agenda Item. Deputy Mayor Hovey closed the "Public Input"portion of the Agenda Item. Attorney Garganese stated, "With respect to the quasi-judicial rule section, I heard a lot of good discussion. I would like to have a little freedom there to tweak some of that language and maybe bolster a few little provisions here and there to address some issues, on that section. On the other two(2) sections, on your existing rules and then the code of conduct, I think I need to be a little more specific on what you would want to address,but on the quasi-judicial, I was attempting to memorialize some past practices and the general lay of land so when a Commissioner sits up here, they can kind of see it and kind of synthesize down what their role is as a quasi-judicial Officer." Commissioner Krebs asked Attorney Garganese, "Do you think we can still pass it and that be done?" Attorney Garganese responded, "Certainly." Attorney Garganese said, "I heard specifically there seemed to be some support to kind of address how do we deal with placards and signs in the Commission Chambers; nobody seemed to object to that. I would add to that — electronic devices and so forth,need to be likewise addressed. Then there was some discussion about reading into the Record comments that are on the blue form; nobody seemed to have any real objection with that." Commissioner Cannon then pointed out, "Commissioner Krebs and I talked about that Sec 2-29 (a) on page 10." Commissioner Cannon added, "Notifications I think - the difference between a notification and a direction or a demand in other words." Manager Smith asked for majority Consensus on that. Commissioner Cannon spoke of his concern with Sec 2-29 (r) shown on page 12 of the proposed Ordinance. Attorney Garganese remarked, "I will present to the Commission the exact language of just the revisions so you can see the differences between First and Second Reading." "I WILL MAKE THE MOTION TO APPROVE `404' WITH THE RECOMMENDATION FOR THE ATTORNEY TO MAKE THE TWEAKS AS HAS BEEN DISCUSSED THROUGH THE HOUR AND A HALF - "Sec 2.30 W - THROUGH THE DISCUSSION." MOTION BY COMMISSIONER RESNICK. DEPUTY MAYOR HOVEY STATED,"SECONDED BY COMMISSIONER CANNON." DISCUSSION. MANAGER SMITH NOTED, "I AM CONCERNED THAT TONIGHT, THE DISCUSSION ON THIS MATTER HAS NOT BEEN UNANIMOUS THROUGHOUT THE WHOLE DISCUSSION. THERE HAVE BEEN SOME THOUGHTS THIS WAY AND SOME THOUGHTS THAT WAY; SO, FOR ANTHONY (GARGANESE) TO GO BACK AND PUT THIS INTO A DOCUMENT, MAY HAVE SOMETHING LEFT OUT THAT SOMEBODY EXPECTED TO SEE, OR MAYBE SOMETHING WASN'T INCLUDED. I JUST ASK THAT WE ACCEPT THAT AND REALIZE THAT ON SECOND READING, THERE WILL STILL BE AN OPPORTUNITY TO DISCUSS THAT." MANAGER SMITH ADDED,"IS EVERYBODY OKAY WITH THAT?" CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 26,2016 PAGE 16 OF 20 VOTE: COMMISSIONER CANNON: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER CARROLL: AYE DEPUTY MAYOR HOVEY: 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 and decide details requested by the Mayor and City Commission on September 12, 2016 related to a Farewell/Appreciation Event for departing Commissioner Joanne M.Krebs. FISCAL IMPACT: Based on what the Mayor and City Commission seemed to be in favor of, during the preliminary discussion held on September 12,2016, Staff is working on the following cost structure: • City pays portion/Attendee pays portion [not including Guest(s) of Honor] • Actual costs per attendee should be similar to the costs for the last event 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. Staff has contacted the Tuscawilla Country Club on potential dates, and some early event details, and has confirmed with Commissioner Krebs that she would be available on the dates noted in this Agenda Item. RECOMMENDATION: For this event, the City Commission is being requested to select one of the below noted dates at the Tuscawilla Country Club: - Saturday,January 28th,2017 - Saturday,February 4th,2017 - Saturday,February 11th,2017 Staff will then confirm the date and will work on typical notifications in coordination with City procedures as well as the preferences of the Guest of Honor, Commissioner Krebs. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 26,2016 PAGE 17 OF 20 Funding and payment processes will also be worked out,prior to any event invitations and notifications. Staff is of course more than happy to handle any other preferences of the City Commission. Brief comments. "I MAKE A MOTION TO MOVE FORWARD WITH THE AGENDA ITEM 15001." MOTION BY COMMISSIONER CANNON. WITH FURTHER BRIEF REMARKS, COMMISSIONER CANNON ADDED, "I WILL MAKE A MOTION THAT WE MOVE FORWARD WITH THE FEBRUARY 4TH, (2017) OR FEBRUARY 11TH, (2017) DATES AND THE CONTENT SET FORTH IN AGENDA ITEM `5001." SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER CANNON: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. Further brief discussion. "I WILL MAKE A MOTION THAT FROM A COST STANDPOINT THAT THE COST WOULD BE SPLIT FIFTY PERCENT(50%)BY THE CITY AND FIFTY PERCENT (50%)BY THE PARTICIPANT ATTENDING THE EVENT." MOTION BY COMMISSIONER CANNON. COMMISSIONER CANNON ADDED, "NOT INCLUDING COMMISSIONER KREBS - AND FAMILY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER CANNON: AYE COMMISSIONER RESNICK: AYE COMMISSIONER CARROLL: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REPORTS REPORTS 600. Office Of The City Attorney—Anthony A.Garganese,Esquire No Report. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 26,2016 PAGE 18 OF 20 REPORTS 601. Office Of The City Manager—Kevin L. Smith No Report was given. REPORTS 602. Office Of The City Clerk—Andrea Lorenzo-Luaces,MMC No Report. REPORTS 603. Office of Commissioner Seat Four-The Honorable Cade Resnick Commissioner Resnick asked if it was possible to change the date for the November 20, 2016 Inauguration to November 10,2016. Brief comments followed however no changes were made. REPORTS 604. Office of Commissioner Seat Five-The Honorable Joanne M.Krebs Commissioner Krebs spoke to Commissioner Cannon about his earlier comments related to wanting to know about potential projects coming into the City. Discussion followed. REPORTS 605. Office of the Mayor-The Honorable Charles Lacey Mayor Charles Lacey thanked Deputy Mayor Hovey for presiding over tonight's meeting. REPORTS 606. Office of Commissioner Seat One/Deputy Mayor-The Honorable Jean Hovey Deputy Mayor Hovey said to Mr. Chris Caldwell, Director, Parks and Recreation Department, that she drove by Moss Park and noted, "It looked very nice." Deputy Mayor Hovey also hoped that the Opening event went well. Secondly, Deputy Mayor Hovey asked about the pending Perkins Restaurant, to which Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department explained they are working on a fire protection system through Seminole County. Mr. Stevenson added that the Saigon Boulevard restaurant had received their Certificate of Occupancy last month. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 26,2016 PAGE 19 OF 20 REPORTS 607. Office of Commissioner Seat Two-The Honorable Kevin Cannon Commissioner Cannon thanked Captain Deisler for helping with a tractor trailer that had been parked on private property, without permission, near Vistawilla Drive. Furthermore, Commissioner Cannon suggested that if Captain Deisler or Mr. Stevenson thought the language related to the City's Land Development Regulations needed to be tweaked,to bring that matter forward to the City Commission. Next, Commissioner Cannon thanked Mr. Brian Fields, P.E., City Engineer, Public Works Department for his assistance related to a stormwater issue at the home located on the corner of Ocelot and Deer Run. Addressing Mr. Caldwell, Commissioner Cannon said that he drove by the park and added, "It looked beautiful. I mean really,really nice;and you guys did an awesome job." REPORTS 608. Office of Commissioner Seat Three-The Honorable Pam Carroll Commissioner Carroll mentioned that any interested high school students or adults were more than welcome to volunteer at the upcoming ArtOBERFest event and, if so,to contact Bridget Lake with the Oviedo-Winter Springs Regional Chamber of Commerce. Secondly, Commissioner Carroll inquired about an Opening event for the pending Perkins Restaurant. Mr. Stevenson said he had no information, and mentioned the fire protection system they are handling through Seminole County. Further comments. Thirdly, Commissioner Carroll brought up something new that was happening at the Therapy Pool. Mr. Caldwell explained that it related to a new learn to paint class and a beautiful mural that had been painted at the Therapy Pool. PUBLIC INPUT Deputy Mayor Hovey opened "Public Input". Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: commented on the City's Millage Rate and noted that Winter Springs has the second lowest Millage Rate in Seminole County and thought there was always room for improvement. With further remarks, Mr. Ligthart noted his appreciation for the City Commission and complimented Manager Smith and hoped that his staff was not micromanaged. Mr. Ligthart also spoke highly of Mr.Boyle. Deputy Mayor Hovey closed "Public Input". CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—SEPTEMBER 26,2016 PAGE 20 OF 20 ADJOURNMENT Deputy Mayor Hovey adjourned the Regular Meeting at 7:51 p.m. RESPECTFULLY SUBMITTED: r LORENZO-LUACES,MMC CITY CLERK APPROVED: MAY CHARLES NOTE: These Minutes were approved at the October 10,2016 City Commission Regular Meeting.