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Home My WebLink About_2021 05 10 City Commission Regular Meeting AgendaCITY COMMISSION REGULAR MEETING AGENDA MONDAY, MAY 10, 2021 - 6:30 PM CITY HALL - COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA 1 CALL TO ORDER Roll Call Invocation Pledge of Allegiance Agenda Changes AWARDS AND PRESENTATIONS 100. Don Gilmore Community Service Award for 2021 INFORMATIONAL AGENDA 200. Current Development Projects Summary Projects Summary PUBLIC INPUT Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a “Public Input” form. Individuals will limit their comments to three (3) minutes, and representatives of groups or homeowners' associations shall limit their comments to five (5) minutes, unless otherwise determined by the City Commission. CONSENT AGENDA 300. Donation of Fishing Poles for Fish Winter Springs 301. Wendy's (WS Town Center) Site Acceptance Wendys Exhibit A Site Acceptance Punchlist 302. Minutes from the Monday, April 26, 2021 City Commission Regular Meeting Minutes PUBLIC HEARINGS AGENDA 400. Waste Pro Contract Addendum and Second Reading of Ordinance 2021-03 Waste Pro Sixth Addendum to Solid Waste Agmt Ordinance 2021-03 Adopt Solid Waste Franchise SIXTH Addendum Legal Ad 401. Second Reading of Ordinance 2021-04 Amending the City of Winter Springs Code of Ordinances, Section 2-27 regarding City Commission Rules And Procedures; Providing amendments related to agenda items and reports; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the 2 Code; severability and an effective date. Ordinance 2021-04 Amending Commission Rules Agenda Items and Reports Legal Ad REGULAR AGENDA 500. Non-Binding Preliminary Review for Pulte Homes. Non Binding Preliminary Review Genius Signed Notarized 8 31 20 Vicinity Map Genius Foundation Legal Description Genius Survey 24x36 SIA Letter Genius Property Genius Presentation 20210510 Genius Product_20200826 501. Economic Development Proposals 2021-03 ECFRPC EcDev Retail Market Proposal 2021-04 Gibbs EcDev Retail Market Proposal 2021-04 Kimley Horn EcDev Retail Market Proposal 502. Resolution 2021-04 to Establish An Auditor Selection Committee Resolution 2021-04 Auditor Selection Committee State of Florida Auditor General - Auditor Selection Selection Committee Guidance Sept 2020 503. Discussion on Proposing a City Charter Amendment to Eliminate the Mayor's Position 504. Appointment Opportunities for City Boards and Committees REPORTS 600. City Manager Shawn Boyle 601. City Attorney Anthony A. Garganese 602. City Clerk Christian Gowan 603. Seat Four Commissioner TiAnna Hale 604. Seat Five Commissioner Rob Elliott 605. Mayor Kevin McCann 3 606. Seat One Commissioner Matt Benton 607. Seat Two Commissioner Kevin Cannon 608. Seat Three Commissioner/Deputy Mayor Ted Johnson PUBLIC INPUT Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a “Public Input” form. Individuals will limit their comments to three (3) minutes, and representatives of groups or homeowners' associations shall limit their comments to five (5) minutes, unless otherwise determined by the City Commission. ADJOURNMENT PUBLIC NOTICE This is a Public Meeting, and the public is invited to attend and this Agenda is subject to change. Please be advised that one (1) or more Members of any of the City's Advisory Boards and Committees may be in attendance at this Meeting, and may participate in discussions. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City of Winter Springs at (407) 327-1800 "at least 48 hours prior to meeting, a written request by a physically handicapped person to attend the meeting, directed to the chairperson or director of such board, commission, agency, or authority" - per Section 286.26 Florida Statutes. "If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based" - per Section 286.0105 Florida Statutes. 4 AWARDS AND PRESENTATIONS ITEM 100 CITY COMMISSION AGENDA | MAY 10, 2021 REGULAR MEETING TITLE Don Gilmore Community Service Award for 2021 SUMMARY Don Gilmore Community Service Award for 2021 THOA Members are encouraged to nominate individuals in Tuscawilla that are committed to improving our community through their exemplary service to our citizens. Former THOA Board of Directors member Mr. Don Gilmore contributed his time, wisdom and commitment toward improving the lives of others in our community. As a member of the Tuscawilla Homeowners Association, Don made countless contributions to assure that our sponsored events and property improvement initiatives were completed to the highest possible standards. Mr. Gilmore actively volunteered as a member of the Tuscawilla Lighting and Beautification District Advisory Committee and was a former City of Winter Springs Commissioner. To honor his memory and encourage continued dedication and commitment demonstrated by our citizen volunteers, the Tuscawilla Homeowners Association has established The Don Gilmore Community Service Award. Recipients of the award will be formally recognized by the THOA Board of Directors. THOA Members are encouraged to submit nominees that meet the following criteria: Eligible recipients must be current residents of the Tuscawilla Community Volunteer time, energy and spirit that adds value to other Tuscawilla residents’ lives and physical surroundings Demonstrate a positive attitude, are honest and demonstrate integrity Have volunteered their time in such a way as to promote our Family Oriented Community Values RECOMMENDATION No action is required. 5 INFORMATIONAL AGENDA ITEM 200 CITY COMMISSION AGENDA | MAY 10, 2021 REGULAR MEETING TITLE Current Development Projects Summary SUMMARY Staff is advising the City Commission of the status of current development projects within the City. RECOMMENDATION 6 CURRENT COMMUNITY DEVLEOPMENT PROJECTS SUMMARY PROJECT NAME LOCATION LAST ACTION ITEM CURRENT STATUS AITC Office Building 863 N US 17-92 N/A DA, Final Engineering & Aesthetic Plans are under Staff review. Chase Bank Town Center Community Workshop was held on 02/20/20 CUP and DA approved by the City Commission on 11/16/20. Final Engineering & Aesthetic Plans are under Staff review. Dream Finders Townhomes (Seminole Crossing): 114 Single-Family (Attached) Units Town Center - East side of Michael Blake Blvd. Preliminary Engineering approved by City Commission on 1/8/18. DA, Final Engineering, Waivers, & Aesthetic Review approved by the City Commission on 12/09/2019. Final Plat approved by the City Commission on 09/28/20. Single-Family Homes Building Permits under Staff Review. Site work complete. Site acceptance pending. Iriye Suites Live Work Community Town Center SE & DA approved by City Commission on 01/28/19 Final Engineering and Aesthetic Plans are pending. Northern Oaks: 35 Single-Family Homes by Dream Finders Homes North side of SR 434, East of SR 417 Final Engineering & Waivers approved 03/13/17. Aesthetic Review approved 04/9/18. Waiver approved by City Commission on 11/18/19 Single-Family Homes are under construction. Site acceptance complete on 01/13/20. Southern Oaks: 54 single-family homes West of DeLeon St. & North of SR 434 DA, Final Engineering, Waivers, & Aesthetic Review approved on 06/22/15. Commission accepted site work on 08/14/17. Site acceptance complete. Single-Family Homes were complete as of 11/2020 The Studios at Tuscawilla Vistawilla Drive Community Workshop was held on 07/19/19. DA approved by the City Commission on 01/13/20. Final Engineering, Aesthetic, & Waivers are under Staff Review. Tuskawilla Crossings: 379 Single-Family Homes Town Center DA, Final Engineering, Waivers, & Aesthetics approved by City Commission on 04/24/17. Plat approved 08/13/18. Phase 1 and Phase 2 Site work approved by City Commission. Single-Family Homes under construction. Site acceptance complete. 7 Winter Springs Medical Office E SR 434 Community Workshop was held on 08/13/19 DA, Final Engineering & Aesthetic Plans approved by the City Commission on 11/16/20 Site work started. Winter Springs Marketplace Five (5) Building Commercial Shopping Center SW Corner of SR 434 and Tuskawilla Road Community Workshop was held on 05/28/20 DA, Final Engineering, Waivers, & Aesthetic Review approved by the City Commission on 02/22/2021. Site work started. Winter Springs Retirement Residence (The Savoy): 144 independent suites Town Center DA, Final Engineering, Waivers, & Aesthetic Review approved by City Commission on 01/22/18. Site work complete. Suites under construction. Winter Springs Town Center Retail Building (Ocean Bleu) Town Center Final Engineering & Aesthetic Plans approved by City Commission on 06/10/19. Preconstruction Meeting Pending. Wendy’s Town Center Community Workshop was held on 12/17/19. DA, Final Engineering & Aesthetic Review approved by the Planning and Zoning Board on 02/05/2020 and City Commission on 02/10/20. Building under construction. Site work complete. Site acceptance pending. For more information please click the link below: City of Winter Springs Community Development Projects List/Locations Notes: ADU = Accessory Dwelling Unit CUP = Conditional Use Permit DA = Development Agreement PZB = Planning and Zoning Board SE = Special Exception 8 CONSENT AGENDA ITEM 300 CITY COMMISSION AGENDA | MAY 10, 2021 REGULAR MEETING TITLE Donation of Fishing Poles for Fish Winter Springs SUMMARY Fish Winter Springs is an annual fishing camp hosted by the City for children to experience the leisure and fun of fishing. At the camp, poles and bait are available for children to use and City staff is available to assist with casting, baiting, and taking pictures. After the camp, participants are given their fishing poles to keep. Fish Florida is a sponsor of this event and historically has donated the fishing poles and reels for the camp. The Zebco 202 poles/reels retail for approximately $20 each (45 poles) for a total donation of $900. RECOMMENDATION Staff recommends the City Commission to receive a donation of 45 fishing poles/reels, an estimated total value of $900, from Fish Florida to be used for the City's Fish Winter Springs camp. 9 CONSENT AGENDA ITEM 301 CITY COMMISSION AGENDA | MAY 10, 2021 REGULAR MEETING TITLE Wendy's (WS Town Center) Site Acceptance SUMMARY This commercial project is within the Winter Springs Town Center District, located at 1218 E SR 434 Winter Springs, FL 32708, Parcel ID# 06-21-31-507- 0000-0020, north side of E SR 434 and east of Tuskawilla Rd. on ~0.59 acres of land consisting of the construction of a 2,183 SF two-story (faux 2nd floor) fast food restaurant building with a drive-thru lane and service window. The proposed development will include twenty-four (24) parking spaces, one access driveway connection on Sea Hawk Cove from Michael Blake Blvd. and Eagle Edge Ln., stormwater is master planned into The Blake Apts retention pond, utilities infrastructure w/ water & sewer facilities, perimeter landscaping, irrigation, etc. This agenda item is for the conditional acceptance of the site improvements. The site work has been constructed in substantial compliance with the Final Engineering Plans approved by the City Commission, except as noted on the attached punch-list, Exhibit A. RECOMMENDATION Staff recommends the City Commission validate the Staff recommendation finding the site work to be built in substantial accordance with the Final Engineering plans, subject to satisfactory completion of the remaining open punch-list item(s) and subject to the following condition; Developer shall provide and grant to the City a utility easement to supersede the existing 15’ square utility easement shown on the northeast corner of the property on the Winter Springs Apartments Replat, Seminole County Plat Book 82, Page 63, and also in the WSTC Ocean Bleu Replat, Seminole County Plat Book 84, Page 37. The new utility easement shall be approximately 35’ by 15’ along the Sea Hawk Cove property line and shall be in a form acceptable to the City Attorney. The Developer shall be responsible for supplying the 10 sketch and legal description of the easement area. The condition shall be completed before a CO is issued. In addition, the date of final acceptance for the bonds shall not be filled out until this condition is met. 11 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 customerservice@winterspringsfl.org Project Closeout List for City Commission Final Site Acceptance 2021/04/30 Page 1 of 1 PROJECT: Wendy’s No. 12660 – 1218 E SR 434 1. Complete all site work and pass the final engineering inspection. Contact Rachel Gironella at 407-327-5973 or email Engineering@WinterSpringsFL.org to schedule a preliminary and/or final engineering inspection. The final inspection will occur after receipt of the record drawings from the engineer-of-record. • Construction Site Walk-through completed on April 29, 2021 2. Submit a Bill of Sale for all infrastructure being turned over to the City for ownership and maintenance (streets, utilities, sidewalks, etc.). Use the City’s standard Bill of Sale form. Submit final document to the Finance Department. This includes the cost sheet. 3. Submit 2-Year Maintenance Bond, Letter of Credit, or Cash Escrow Deposit (10% of the value of the improvements to be owned and maintained by the City, as listed on the Bill of Sale) to the Finance Department. 4. Obtain Approvals from all City Departments and Seminole County Fire Department. 5. Submit FDOT Permit Certification and provide City copy of FDOT approval. 6. Submit a copy of the FDEP Water Permit Approvals to the City. Notes: • City Commission site acceptance (in the form of a consent agenda item at a regularly scheduled City Commission meeting) is required before a certificate of occupancy can be issued for any buildings • Agenda items for City Commission meetings must be prepared approximately two weeks prior to the meeting date. • If there are any questions, please call Rachel Gironella at 407-327-5973 or email Engineering@WinterSpringsFL.org • Additional items to be completed prior to closeout (this is not a complete punch list): o Install stop sign and thermoplastic stop bar at Sea Hawk Cove exit. 12 CITY COMMISSION REGULAR MEETING MINUTES MONDAY, APRIL 26, 2021 AT 6:30 PM CITY HALL - COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA 13 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, APRIL 26, 2021 | PAGE 2 OF 10 CALL TO ORDER Mayor Kevin McCann called the Regular Meeting of Monday, April 26, 2021 of the City Commission to order at 6:31 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor Kevin McCann, present Deputy Mayor Ted Johnson, present Commissioner Matt Benton, present Commissioner Kevin Cannon, present Commissioner TiAnna Hale, present Commissioner Rob Elliott, present City Manager Shawn Boyle, present City Attorney Anthony A. Garganese, present City Clerk Christian Gowan, present Pastor Drew Taylor provided the Invocation and Mayor McCann then led the Pledge of Allegiance. Commissioner Cannon asked that an Item be added to the agenda as Item 504, entitled Commission Discussion. Deputy Mayor Johnson asked that Item 300 be pulled for discussion only. No objections were noted to these changes and the agenda was adopted. AWARDS AND PRESENTATIONS 100) Swearing-In Ceremony for New Police Officers Chief Chris Deisler thanked the Mayor and Commission for the opportunity to speak and to honor Deputy Chief Matt Tracht and the swearing in on Officers. Matt Tracht was promoted from Captain to Deputy Chief. The following four (4) Officers were sworn in by Chief Deisler: Officer. Margaret Bittikofer Officer Cristopher Gomez Officer Jacoby Pace Officer Erik Schwartz Mayor McCann recessed the meeting at 6:55 p.m. Mayor McCann called the meeting back to order at 7:07 p.m. 14 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, APRIL 26, 2021 | PAGE 3 OF 10 101) Tree Giveaway Updates & Presentation of Arbor Day Proclamation Arbor Day Proclamation 2021 Mayor McCann read the Arbor Day Proclamation Ms. Casey Howard, Director, Operations Department provided an update on the annual tree giveaway, noting 934 registrants and 900 trees distributed. Ms. Howard thanked those involved and noted the event went smoothly. "MOTION TO APPROVE DONATING AT LEAST ONE TREE TO EACH OF OUR SCHOOLS AND MAKE THIS AN ANNUAL DONATION." MOTION BY ROB ELLIOTT. SECONDED BY KEVIN CANNON. DISCUSSION. VOTE: COMMISSIONER BENTON: AYE DEPUTY MAYOR JOHNSON: AYE COMMISSIONER ELLIOTT COMMISSIONER HALE: AYE COMMISSIONER CANNON: AYE MOTION CARRIED. Attorney Garganese asked for clarification about the intent of the motion and the Commission confirmed that the donation would be contingent on the tree being planted on school property. PUBLIC INPUT Ms. Donna Kittell, 508 Osprey Lane, Winter Springs congratulated Mayor McCann and thanked the Commission for encouraging resident participation and thanked Commissioners and Staff for working with her. CONSENT AGENDA 300) Tyler Technologies / Energov – Permitting System Cover Page Winter Springs, FL SaaS Contract City of Winter Springs Florida - Statement of Work Tyler Technologies - EnerGov SaaS Quote Deputy Mayor Johnson asked Mr. Schmidt about the proposed new system, the work that went into finding this system, and a timeline for getting the old system out and the new system in. 15 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, APRIL 26, 2021 | PAGE 4 OF 10 Mr. Schmidt reviewed the process and noted that Energov would eliminate redundancies and increase efficiency, including allowing online inspection appointments. Mr. Schmidt noted many other cities use this system and that there was typically a 12 month period to design and implement the system but that they were trying to expedite this process. . Brief discussion followed on integration of data from the prior system. 301) Minutes from the Monday, April 12, 2021 City Commission Regular Meeting Minutes No discussion. "MOTION TO APPROVE CONSENT AGENDA." MOTION BY COMMISSIONER CANNON. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION. VOTE: COMMISSIONER BENTON: AYE DEPUTY MAYOR JOHNSON: AYE COMMISSIONER ELLIOTT: AYE COMMISSIONER CANNON: AYE COMMISSIONER HALE: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA 400) Waste Pro Contract Addendum and First Reading of Ordinance 2021-03 Cover Page Waste Pro Sixth Addendum to Solid Waste Agmt Ordinance 2021-03 Adopt Solid Waste Franchise SIXTH Addendum Ms. Sonksen briefly presented on the Waste Pro contract discussions and the proposed extension. “MOTION TO READ BY TITLE ONLY.” MOTION BY DEPUTY MAYOR JOHNSON. SECONDED BY COMMISSIONER CANNON. DSSICUSSION. MOTION PASSED WITH UNANIMOUS CONSENT. Attorney Garganese read Ordinance 2021-03 by title only. 16 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, APRIL 26, 2021 | PAGE 5 OF 10 Mayor McCann opened the Public Hearing for Item 400 No one spoke. Mayor McCann closed the Public Hearing for Item 400. "MOTION TO APPROVE FIRST READING OF ORDINANCE 2021-03." MOTION BY DEPUTY MAYOR JOHNSON. SECONDED BY COMMISSIONER CANNON. DISCUSSION. VOTE: COMMISSIONER HALE: AYE DEPUTY MAYOR JOHNSON: AYE COMMISSIONER ELLIOTT: AYE COMMISSIONER CANNON: AYE COMMISSIONER BENTON: AYE MOTION CARRIED. 401) First Reading of Ordinance 2021-04 Amending the City of Winter Springs Code of Ordinances, Section 2-27 regarding City Commission Rules And Procedures; Providing amendments related to agenda items and reports; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability and an effective date. Cover Page Ordinance 2021-04 Amending Commission Rules Agenda Items and Reports “MOTION TO READ BY TITLE ONLY.” MOTION BY COMMISSIONER CANNON. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION. MOTION PASSED BY UNANIMOUS CONSENT. Attorney Garganese read Ordinance 2021-04 by title only and reviewed the request at the last meeting for the inclusion of a New Business item on agendas. He further noted revised language related to reports. Attorney Garganese noted the purpose of new business would not be to do reports and reports would no longer be the appropriate place to bring items for consideration at future meetings. In conclusion, Attorney Garganese said that this section should not be used as a substitute for timely placing something on the agenda. Mayor McCann opened the Public Hearing for Item 401. No one spoke. 17 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, APRIL 26, 2021 | PAGE 6 OF 10 Mayor McCann closed the Public Hearing for Item 401. "MOTION TO APPROVE ON FIRST READING ORDINANCE 2021-04." MOTION BY COMMISSIONER CANNON. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION. VOTE: COMMISSIONER ELLIOTT: AYE DEPUTY MAYOR JOHNSON: AYE COMMISSIONER HALE: AYE COMMISSIONER BENTON: AYE COMMISSIONER CANNON: AYE MOTION CARRIED. REGULAR AGENDA 500) Non-Binding Preliminary Review for the Winter Springs Marketplace. Cover Page Site Plan - Corner Parcel Exhibit Legal Description and Survey Location Map Non-Binding Preliminary Review Application Mr. Schmidt introduced the item briefly and Mr. Ryan Stahl, Equinox Development to present the proposed project at the Winter Springs Marketplace. Mr. Stahl noted interest in the remaining parcel by Circle K, RaceTrac, 7/11, and Wawa and asked for the Commission to consider an amendment to the existing ordinance to allow gas station within 350 feet of another. Discussion followed on the existing Ordinance 2001-13, potential other stores or restaurants, issues with fencing at the current construction site, and concerns for the existing Mobil station. Brief discussion also occurred on the possibility of a convenience store that did not offer gas. 501) 2020 Comprehensive Annual Financial Report Cover Page 2020 CITY OF WINTER SPRINGS - ANNUAL REPORT 2020 CITY OF WINTER SPRINGS - GOVERNANCE LETTER Ms. Sonksen introduced Ms. Tammy Campbell, McDirmit Davis to present the 2020 audited financial report. Ms. Campbell advised the Commissioner that the City had received an unmodified 18 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, APRIL 26, 2021 | PAGE 7 OF 10 opinion and that the management letter noted no internal control deficiencies. Ms. Campbell noted a new Florida Statute related to building permits and maximum allowed amounts held in development services fund. Finally, Ms. Campbell noted that the overall net position of the City increased $12.4 million. Discussion followed on any potential areas of concern, the sustainability of the tax base, and the purpose and restrictions on the Development Services Fund. “MOTION TO EXTEND THE MEETING.” MOTION BY COMMISSIONER BENTON. SECONDED BY COMMISSIONER CANNON. DISCUSSION. MOTION PASSED WITH UNANIMOUS CONSENT. "MOTION TO ACCEPT THE COMPREHENSIVE ANNUAL FINANCIAL REPORT AS PRESENTED FOR THE FISCAL YEAR ENDED SEPTEMBER 30TH 2020." MOTION BY COMMISSIONER CANNON. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION. VOTE: COMMISSIONER CANNON: AYE DEPUTY MAYOR JOHNSON: AYE COMMISSIONER BENTON: AYE COMMISSIONER HALE: AYE COMMISSIONER ELLIOTT: AYE MOTION CARRIED. 502) Meeting Schedule and Assignments Cover Page Mr. Gowan reviewed Florida League of Cities Policy Committees that Commissioners currently served on and asked about the application process for this year. The Mayor and Commission agreed to have the Clerk apply for the following appointments: • Finance, Taxation, & Personnel Committee – Mayor Kevin McCann • Land Use & Economic Development Committee – Deputy Mayor Ted Johnson • Municipal Administration Committee – Commissioner TiAnna Hale • Transportation & Intergovernmental Relations Committee – Commissioner Matt Benton • Utilities, Natural Resources, and Public Works Committee – Commissioner Kevin Cannon 503) Appointment Opportunities for City Boards and Committees Cover Page 19 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, APRIL 26, 2021 | PAGE 8 OF 10 "MOTION TO APPOINT MELISSA HAYNIE TO THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE." MOTION BY COMMISSIONER HALE. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION. VOTE: DEPUTY MAYOR JOHNSON: AYE COMMISSIONER BENTON: AYE COMMISSIONER HALE: AYE COMMISSIONER ELLIOTT: AYE COMMISSIONER CANNON: AYE MOTION CARRIED. "MOTION TO APPOINT KEN SPALTHOFF TO THE PLANNING AND ZONING BOARD." MOTION BY COMMISSIONER CANNON. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION. VOTE: COMMISSIONER ELLIOTT: AYE COMMISSIONER CANNON: AYE COMMISSIONER BENTON: AYE DEPUTY MAYOR JOHNSON: AYE COMMISSIONER HALE: AYE MOTION CARRIED. ADD-ON ITEM 504) Commission Discussion Commissioner Cannon noted serving on the Florida League of Cities Advocacy Committee and wanted to bring an issue to the Commission's attention. Commissioner Cannon noted the passage of HB 1 recently signed by Governor DeSantis and noted impacts to sovereign immunity recovery limits under certain circumstances. Commissioner Cannon noted that he had been asked to craft a memo for the Advocacy Committee sharing concerns about this issue and asked for the Commission’s consensus to work on this issue. The Mayor and Commission agreed to allow Commissioner Cannon to continue working on this issue. REPORTS 20 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, APRIL 26, 2021 | PAGE 9 OF 10 600) City Manager Shawn Boyle • Spoke about a lien issue on a property and reviewed the formal process for lien placement, reduction, and removal. 601) City Attorney Anthony A. Garganese • No Report 602) City Clerk Christian Gowan • No Report 603) Deputy Mayor/Seat Three Commissioner Ted Johnson • Noted the Tri-County League of Cities next meeting would be May 20 at Winter Park and there would be an ethics training session to follow • Noted his attendance at the tree giveaway and complimented staff • Noted his attendance at Fish Winter Springs, commented that it was a well attended event and well done • Asked about status on traffic report for 419 from Seminole County o Mr. Schmidt advised the Commission that the report had been received that night. 604) Seat Four Commissioner TiAnna Hale • Offered thoughts and prayers to residents affected at Seville on Green and noted visiting with affected families. • Congratulated new officers and Deputy Chief Tracht • Noted the successful tree giveaway • Thanked staff for work on the Comprehensive Annual Financial Report 605) Seat Five Commissioner Rob Elliott • Noted he was working on a partnership between Winter Springs High School and the Senior Center and asked about concerns related to volunteer ages and exceptions for Bright Futures volunteering • Asked for an update on the Business Tax Receipts review • Noted inquiries received about allowing chickens in yards and asked where tis was permitted. • Noted attendance at the tree giveaway and commended staff. 606) Mayor Kevin McCann 21 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, APRIL 26, 2021 | PAGE 10 OF 10 • Expressed gratitude for City Staff and everyone working with him as he adjusted to his new role. • Noted attendance at the Mayor/Manager Meeting and spoke about mask mandate discussions • Noted attending the tree giveaway 607) Seat One Commissioner Matt Benton • Congratulated Mayor McCann, Deputy Chief Tracht and new appointees to Boards. • Asked about current restrictions on having chickens in yards. 608) Seat Two Commissioner Kevin Cannon • Thanked Mayor McCann for comments made about the work being done in the City. PUBLIC INPUT Ms. Gina Shafer, Winter Springs Village, Winter Springs asked that zoning laws not be amended to allow for construction of another gas station/convenience store. Ms. Shafer thought the speed limit on 434 passing the Town Center should be reduced, thanked Chief Deisler for presenting officers swearing in, and asked about a timeline for installation of electric charging stations ADJOURNMENT Mayor McCann adjourned the meeting at 9:30 PM. RESPECTFULLY SUBMITTED: ____________________________________ CHRISTIAN GOWAN CITY CLERK APPROVED: ____________________________________ MAYOR KEVIN MCCANN NOTE: These Minutes were approved at the _________________, 2021 City Commission Regular Meeting. 22 PUBLIC HEARINGS AGENDA ITEM 400 CITY COMMISSION AGENDA | MAY 10, 2021 REGULAR MEETING TITLE Waste Pro Contract Addendum and Second Reading of Ordinance 2021-03 SUMMARY Pursuant to Ordinance No. 2006-01, as amended by Ordinance No. 2010-24, Ordinance 2019-04, Ordinance No. 2020-01 and Ordinance No. 2020-09 Waste Pro of Florida, Inc. (Waste Pro) has been providing Solid Waste Services within the municipal boundaries of the City for Winter Springs since 2006 in accordance with the Solid Waste Agreement adopted by said Ordinances (“Existing Franchise Agreement”). Section 4.14(4) of the City Charter requires the City Commission to renew franchises by ordinance. The Existing Franchise Agreement expires on February 28, 2022. Except for amending the term of the Existing Franchise Agreement; the terms and conditions of the Existing Franchise Agreement with Waste Pro will remain the same and in full force and effect. At the March 22, 2021 commission meeting, staff presented a comparative evaluation of the existing Waste Pro Franchise Agreement with other local solid waste franchises. The recent competitive bidding experiences of other nearby municipalities and counties did not result in favorable outcomes for their residents. As a result of that evaluation, staff recommended that the Commission grant a long term extension to Waste Pro of Florida because such extension will be more economically advantageous to the citizens of Winter Springs than competitively bidding solid waste services in the current market. That long term extension will become effective 3/1/2022 and remain in effect through 2/28/2027 with three 1 year extensions available upon mutual consent. First Reading of this Ordinance was held on April 26, 2021. This is the Second Reading and Adoption of Ordinance 2021-03. RECOMMENDATION Staff requests the City Commission conduct a Second Reading and Adoption of Ordinance 2021-03 renewing the Existing Franchise Agreement and extending the term of the existing Solid Waste Agreement with Waste Pro of Florida, Inc. through February 28, 2027 effective upon execution. 23 SIXTH Addendum to Solid Waste Agreement City of Winter Springs / Waste Pro of Florida, Inc. Page 1 of 2 SIXTH ADDENDUM TO SOLID WASTE AGREEMENT THIS SIXTH ADDENDUM TO SOLID WASTE AGREEMENT (AAddendum@) is made and entered into this ____ day of _____________, 2021, by and between the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, located at 1126 E. State Road 434, Winter Springs, Florida 32708 ("City") and WASTE PRO OF FLORIDA, INC., a Florida Corporation, located at 2101 West State Road 434, Suite 301, Longwood, Florida 32779 ("Contractor"). WITNESSETH: WHEREAS, Contractor and City previously entered into that certain Solid Waste Agreement, effective March 1, 2006, adopted by Ordinance No. 2006-01, as amended by the Addendum adopted by Ordinance No. 2010-24 (“Addendum”), further amended to extend the Agreement by a Second Addendum adopted by Ordinance 2019-04 (“Second Addendum”), and further amended by a Third Addendum adopted by Ordinance 2020-01 to incorporate specific contractual provisions required when awards are requested by federal government authorities, and further amended by a Fourth Addendum, dated February 27, 2020, whereby the Parties exercised a one year option to extend the Agreement until February 28, 2021, and further amended by Ordinance No. 2020-09 extending the term for up to additional one year pending negotiations of this extension (hereinafter collectively referred to as “Agreement”); and WHEREAS, Contractor and City desire to extend the term of the Agreement an additional five (5) years and up to three (3) additional one year renewals; and WHEREAS, the parties desire to enter this SIXTH Addendum to modify the Agreement to incorporate an additional five (5) year term and up to three (3) additional one year renewal terms as more specifically provided herein. NOW THEREFORE, in consideration of the mutual covenants, agreements, and consideration contained herein, the City and Contractor agree as hereinafter set forth: 1.0 Recitals. The foregoing recitals are true and accurate and are incorporated herein by this reference. 2.0 Renewal of Term. 2.1 Pursuant to Paragraph 23.3 of the Agreement, the City and Contractor hereby agree that upon the effective date of Ordinance No. 2021-03, the Agreement shall be extended for an additional five (5) year term, commencing on March 1, 2022 and terminating on 24 SIXTH Addendum to Solid Waste Agreement City of Winter Springs / Waste Pro of Florida, Inc. Page 2 of 2 February 28, 2027, unless sooner terminated in accordance with the terms and conditions set forth in the Agreement. 2.2 The parties may mutually agree, in writing, to exercise up to three (3) one (1) year renewal terms after the initial five year term. Renewals shall be based on the same terms and conditions as set forth in the Agreement unless the parties agree, in writing, to modify the terms and conditions. Further, any renewal shall be contingent upon Contractor’s satisfactory performance of the terms and conditions of the Agreement. 3.0 Franchise Costs. Pursuant to Paragraph 29.0 of the Agreement, the parties agree that there shall not be a renewal franchise cost associated with the five (5) year renewal. 4.0 Other Provisions. All other provisions of the Agreement not amended hereunder shall remain in full force and effect. IN WITNESS WHEREOF, the parties cause this SIXTH Addendum to be executed and attested to by their respective authorized officials. ATTEST: CITY OF WINTER SPRINGS, FLORIDA: _____________________________ By: ___________________________ Christian Gowan, City Clerk ______________________, Mayor Date: _____________________ CORPORATE SEAL: CONTRACTOR: WASTE PRO OF FLORIDA, INC. By:___________________________________ Print Name/Title: __________________________ 25 City of Winter Springs Ordinance No. 2021-03 Page 1 of 2 ORDINANCE NO. 2020-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE EXISTING SOLID WASTE FRANCHISE AGREEMENT WITH WASTE PRO OF FLORIDA, INC., A FLORIDA CORPORATION, TO EXTEND THE TERM OF THE AGREEMENT FIVE (5) YEARS WITH UP TO THREE (3) ADDITIONAL ONE YEAR RENEWALS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, pursuant to Ordinance No. 2006-01, as amended by Ordinance No. 2010-24, Ordinance 2019-04, Ordinance No. 2020-01 and Ordinance No. 2020-09 Waste Pro of Florida, Inc., has been providing Solid Waste Services within the municipal boundaries of the City for Winter Springs since 2006 in accordance with the Solid Waste Agreement adopted by said Ordinances (“Existing Franchise Agreement”); and WHEREAS, based upon a comparative evaluation of the Existing Franchise Agreement with other local solid waste franchises, the recent competitive bidding experiences of other nearby municipalities and counties, City staff has recommended that the City Commission grant a long term extension to Waste Pro of Florida because such extension will be more economically advantageous to the citizens of Winter Springs than competitively bidding solid waste services in the current market; and WHEREAS, the parties desire to renew the Existing Franchise Agreement for an additional five (5) year term with up to three (3) additional one year renewals; and WHEREAS, the City Commission is required by section 4.14(4) of the City Charter to adopt an ordinance granting, renewing or extending a franchise agreement; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Adoption of Solid Waste Agreement. The City Commission of the City 26 City of Winter Springs Ordinance No. 2021-03 Page 2 of 2 of Winter Springs, Florida hereby approves and adopts the Sixth Addendum to Solid Waste Agreement, by and between the City of Winter Springs, Florida and Waste Pro of Florida, Inc., a Florida corporation. A copy of said Sixth Addendum is attached hereto as AAppendix A,@ and fully incorporated herein by this reference, and shall become effective upon execution. Section 3. Not Incorporated Into Code. This Ordinance shall not be incorporated into the Winter Springs City Code. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the ___ day of April, 2021. ____________________________________ _________________________, Mayor ATTEST: ______________________________________ CHRISTIAN GOWAN, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: _______________________________________ ANTHONY A. GARGANESE, City Attorney First Reading: Advertisement: _______________ Second Reading: _______________ 27 4 Orlando Sentinel | Section 4 | Thursday, April 29, 2021 SIGN UP TODAY Get unlimited access to our members-only business website as well as our digital newsletter that delivers the morning’s vital Orlando business intelligence to your inbox daily (every Monday-Friday). It’s must-have, exclusive information, to gain a competitive edge. Go to GrowthSpotter.com/SignUp A division of the Orlando Sentinel Media Group 2017 and 2015Editor & PublisherAward winner Best Business Website GrowthSpotter. How successful people start their day. Extend your reach. Access customized technology. Simplify your search. orlandosentinel.com/jobs YOUR PERFECT HIREIS WAITING EZ-Payis theeasy wayto pay your subscription! Call407-420-5353 and sign up TODAY! ** UCF’S 14TH ANNUAL NONPROFIT CAPACITY BUILDING SERIES **UCF’s Center for Public and Nonprofit Management will be hosting its 14th Annual Nonprofit Capacity Building Series for nonprofits.Apply at https://ccie.ucf.edu/cpnm/capacity-building/15 Orange County nonprofits will be selected. ABSOLUTE AUCTION Thursday April 29th @ 11AMContents of the Boca Raton Resort Hotel Rooms290 NE 181st St., Miami Gardens, FL 33162Preview begins @ 9AM morning of saleBid Live or Online @ Proxibid.Com/TobyNeveretEntertainment Centers, Bed Side Tables, Dressers, Chairs, Mattresses, Duvet Covers, Duvets, and more.Bid Live In-Person or Online @ Proxibid.Com/TobyNeverettToby Neverett Auctioneerswww.neverettauctions.com561-706-7218 * au872 ab6281U SHREDDING EVENT Get rid of personal papers & electronic items safely & securely! Minimum donation $20 for 1-5 banker boxes (grocery brown bags of paper). 1 box electronic items $5 minimum donation. ProShred will shred papers in front of you in truck. Electronic items will be shred at ProShred location. Masks & gloves worn by shredding team. Please wear a mask yourself! 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NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 5531 – 1480 Celebration Blvd., Celebration, FL 34747 to satisfy a lien on TUESDAY, MAY 18, 2021 at approx. 10:30am at www.storagetreasures.com: Mirelis Yarixa Rivera Ramos NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 6174 – 1004 North Hoagland Blvd. Kissimmee, Fl. 34741 to satisfy a lien on TUESDAY,MAY 18, 2021 at approx. 11:30am at www.storagetreasures.com: Christophe DrydenJose Alfredo Diaz VenegasBrett Avery TiptonMartha C GironGerman A Diaz NOTICE OF PUBLIC SALE:Self-storage unit contents of the NOTICE OF PUBLIC SALE:AIRBORNE TOWING INC. gives Notice of Foreclosure of Lien and intent to sell these vehicles on 5/11/2021, 10:00 am at 296 ANCHOR RD Suite 200 CASSELBERRY, FL 32707-3277, pursuant to subsection 713.78 of the Florida Statutes. AIRBORNE TOWING INC. reserves the right to accept or reject any and/or all bids. KMHCN4AC6BU599993 2011 Hyundai OS6933162 4/29/21 NOTICE OF PUBLIC AUCTION BY ORANGE COUNTY SHERIFF’S OFFICENOTICE IS HEREBY GIVEN, that I, JOHN W. MINA, as Sheriff of Orange County, Florida, will sell fleet vehicles at a public auction for cash on demand. This auction will be held on the 8th day of May 2021; beginning at 9 o’clock in the forenoon or soon thereafter on said day on the premises of Tampa Machinery Auction, Inc. (License# AB135/AU871) located, in Thonotosassa, Hillsborough County, Florida. A complete list may be seen the day of the viewing at U.S. Highway 301 five miles north of I-4, in Thonotosassa, Hillsborough County, Florida. Prospective bidders may pre-register on-line at www.tmauction.com and view the items the day before the sale between the hours of 8:00 am to 5:00 p.m. and the morning of the sale between 7:30 a.m. and 9:00 a.m. You must be sixteen or older with proper I.D. to attend and 18 or older to bid. All items will be SOLD AS IS AND WITH NO WARRANTIES. SOLD SUBJECT TO ALL TAXES. ALL SALES ARE FINAL.In accordance with the Americans with Disabilities Act, persons needing a special accommodation to participate in this proceeding should contact Eric Nieves, Civil Process Sales Coordinator not later than seven days prior to the proceeding at Orange County Sheriff’s Office, 425 North Orange Avenue, Suite 240. Telephone: 407-836-4570; If hearing impaired, (TDD) 1-800-955-8771, or Voice (V) 1-800-955-8770, via Florida Relay Service.JOHN W. MINA, as SheriffOrange County, FloridaBy: Sgt. Mark GarciaAs Deputy SheriffOS6937249 4/29, 5/6/2021 NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 429 – 965 South Semoran Blvd, Winter Park FL 32792 to satisfy a lien May 10th, 2021 at approx. 10:00 AM at www.storagetreasures.com: Joe L ZavalaCharles j NicholsonJoe L ZavalaEyarawa Kenya Mervil NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 431 – 3040 S Goldenrod Road, Orlando, FL 32822 to satisfy a lien May 10th, 2021 at approx. 10:30 AM at www.storagetreasures.com: Janice Lopez CedenoGilbert SantosChris WilliamsMildred Munoz VeraVincent PrattAlan CookeRosa Delgado Ortiz NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 0858 – 6875 University Blvd, Winter Park FL 32792 to satisfy a lien on May 10th, 2021 at approx. 11:00 AM at www.storagetreasures.com: Samantha Ann FerrerJayme EcholsJoshua I JacksonElijah McLeanChris Roper NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 428 – 1007 Willa Springs Rd. Winter Springs, FL 32708 to satisfy a lien on May 11th, 2021 at approx. 10:00 AM at www.storagetreasures.com: Escolastica Lewis NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 0696 – 3508 S Orlando Dr Sanford, FL 32773 to satisfy Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 0671 – 100 Mercantile Court, Ocoee, Fl 34761 to satisfy a lien on WEDNESDAY, MAY 19, 2021 at approx. 10:30am at www.storagetreasures.com:Rebecca Nancy Kozub / Rebecca KozubBrynne LeeJoseph Junior Anthony Martin NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 0693 – 1015 North Apopka Vineland Road, Orlando, FL 32818 to satisfy a lien on WEDNESDAY,MAY 19, 2021 at approx. 11:00am at www.storagetreasures.com:Ladresha BrownMAC/ Masolena Anita CasonBrent Jordan / B JordanLU / Mahandra Anthony Samlal NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 0420 –5301 N. Pine Hills Road, Orlando Fl 32808 to satisfy a lien on WEDNESDAY, MAY 19, 2021 at approx. 11:30am at www.storagetreasures.com:Erickson Junior Perez PerezJAMES KENNEDYDaniel WilliamsKemone McminnusMara BelizaireDaniel TorresJacques UnionBrandon Railey Lillie Corbett GoffeSharon D Sherman/ Sharon Thomas/ Sharon Thomas Sherman / Sharon Denise Sherman/Sharon Null Sherman / Sharon D Shermon / Sharon D Sheman /Sharon Dhonas /Sharron Thomas / Sharon Den Sherman / Thomas Sharon / Sharon Sherman NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 0430 –7400 West Colonial Dr, Orlando Fl 32818 to satisfy a lien on THURSDAY, MAY 20, 2021 at approx. 10:30am at www.storagetreasures.com: Rowland Townsend Jr./ Rowland Leroy Townsend JrVictoria Tapia/ Victor Tapia/ Victor R Tapia Jr.Jeremy Brassard NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 5961 – 1540 Sullivan Rd., Davenport, FL 33896 to satisfy a lien on FRIDAY, MAY 21, 2021 at approx. 11:00am at www.storagetreasures.com: Cora StankusCarlos Emmauel VelezChris MitchellSandy Ridge HOANicole Diaz OS6933333 4/29, 5/6/2021 NOTICE OF PUBLIC MEETING DATES OF THE CONSTRUCTION COMMITTEE OF THE BOGGY CREEK, GREENEWAY, AND MYRTLE CREEK IMPROVEMENT DISTRICTS AND THE POITRAS EAST COMMUNITY DEVELOPMENT DISTRICTThe Construction Committee of the Boggy Creek, Greeneway, and Myrtle Creek Improvement Districts and the Poitras East Community Development District will be meeting on May 6, 2021, and May 20, 2021 at 3:30 p.m. in the office of Donald W. McIntosh Associates, Inc., 2200 Park Avenue North, Winter Park, FL 32789. The Construction Committee will discuss and review the status of current and future Infrastructure Improvements, Requests for Qualifications, Requests for Proposals, etc., related to the Districts. The meeting will be open to the public and will be conducted in accordance with provisions of Florida Law for Community Development Districts. The meetings may be continued to a date, time, and place to be specified on the record at the meeting. As a public health precaution, all those attending the meeting in person will be Orlando Dr Sanford, FL 32773 to satisfy a lien on May 11th, 2021 at approx. 10:30 AM at www.storagetreasures.com:Kimberly CohenJustin Travis StaffordDemetrius L. SumterTerry WhiteRay Clinton JonesColton BarbosaRay C Jones NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 0857 – 3750 W. 1st Street Sanford, FL 32771 to satisfy a lien on May 11th, 2021 at approx. 11:00 AM at www.storagetreasures.com:William A Miller NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 0694 – 3651 Alafaya Trl Oviedo, FL 32765 to satisfy a lien on May 12th, 2021 at approx. 10:00 AM at www.storagetreasures.com:Ali Bakhit Ali Al-Maashani NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 5760 – 9001 Eastmar Commons Boulevard, Orlando, FL 32825 to satisfy a lien on May 12th, 2021 at approx. 11:00 AM at www.storagetreasures.com :Miguel Angel Soto-Ramirez NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 0351 – 10425 S John Young Pkwy, Orlando, FL 32837 to satisfy a lien on May 13th, 2021 at approx.. 10:00 AM at www.storagetreasures.com: John BonaduceShayna Reanuka Joseph MohammedLuis Nathaniel VazquezJimmale Charmale ClarkMario RiveraJohn William AshtonTyrek Evans NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 0695– 4554 E Hoffner Ave Orlando, FL 32812 to satisfy a lien on May 13th, 2021 at approx.. 10:30 AM at www.storagetreasures.com: Nestor Calderon Rodriguez NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 703 – 3730 S Orange Ave Orlando FL 32806 to satisfy a lien on May 13th, 2021 at approx. 11:00 AM at www.storagetreasures.com: Sagely ShubertAlfred RodneyMartin Enrique Santiago SegarraCarlos PereaTehri Levonne Hendry NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 5770 - 240 Storage Pointe, Altamonte Springs, FL 32701 to satisfy a lien on May 14th, 2021 at approx. 10:30 AM at www.storagetreasures.com: Anshae S Ivory Bruce Alan Carter NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 5923 – 1110 Emma Oaks Trail, Lake Mary FL 32746 to satisfy a lien on May 14th, 2021 at approx. 11:00 AM at www.storagetreasures.com: Elijah Early OS6928806 4/22, 4/29/2021 For Home Delivery call 407-420-5353 CITY OF WINTER SPRINGS NOTICE OF CITY COMMISSION PUBLIC HEARINGNOTICE IS HEREBY GIVEN THATTHE CITY COMMISSIONPROPOSES TO CONSIDER: ORDINANCE NO. 2021-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE EXISTING SOLID WASTE FRANCHISE AGREEMENT WITH WASTE PRO OF FLORIDA, INC., A FLORIDA CORPORATION, TO EXTEND THE TERM OF THE AGREEMENT FIVE (5) YEARS WITH UP TO THREE (3) ADDITIONAL ONE YEAR RENEWALS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. PUBLIC HEARINGFOR SECOND READING CITY OF WINTER SPRINGS NOTICE OF CITY COMMISSION PUBLIC HEARINGNOTICE IS HEREBY GIVEN THATTHE CITY COMMISSIONPROPOSES TO CONSIDER:ORDINANCE NO. 2021-04AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, SECTION 2-27 REGARDING CITY COMMISSION RULES AND PROCEDURES; PROVIDING AMENDMENTS RELATED TO AGENDA ITEMS AND REPORTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY AND AN EFFECTIVE DATE. PUBLIC HEARINGFOR SECOND READINGWILL BE HELD ON MONDAY, MAY 10, 2021 AT 6:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA. THE CITY COMMISSION RESERVES THE RIGHT TO POSTPONE OR CONTINUE THE PUBLIC HEARING ON THIS ORDINANCE AT THIS MEETING WITHOUT FURTHER NOTICE. The proposed ordinance may be inspected by interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the City’s Clerk’s Office, located at 1126 East State Road 434, Winter Springs, Florida. For more information call (407) 327-1800, Extension 253. Interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Persons with disabilities needing assistance to participate in any of these proceedings should contact the Employee Relations Department Coordinator, 48 hours in advance of the meeting at (407) 327-1800, Extension 236. This is a public hearing. If you decide to appeal any recommendation/ decision made by the City Commission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinance. OS6936589 4/29/2021 As a public health precaution, all those attending the meeting in person will be asked to wear a mask and maintain social distancing. The District fully encourages public participation in a safe and efficient manner in light of the COVID-19 public health emergency. To that end, the District recommends that any member of the public interested in listening to and participating in the meeting do so remotely by calling 1-844-621-3956 and entering Participant Code: 796 580 192#. Any person requiring special accommodations at these meetings because of a disability or physical impairment should contact the District Manager’s Office at least forty-eight (48) hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1-1, or 1-800-955-8771 (TTY) / 1-800-955-8770 (Voice), for aid in contacting the District Manager’s Office.Any person who decides to appeal any decision made by the Committee with respect to any matter considered at the meeting is advised that the person will need a record of the proceedings and that, accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based.Jennifer WaldenDistrict ManagerOS6933346 4/29/21 WANTED: I BUY ALL RVS & CAMPERS – $$$$ TOP $$$ PAID; CASH ON THE SPOT CALL OR TEXT JOHN 954-895-0643 Transportation ORLANDO Estate Sale - household goods, furniture & tools! 7533 Sugarbend Dr, 32819. Thurs 4/29 & Fri 4/30 8am-5pm. Please wear a face mask. BUYING COSTUME JEWELRY, ANTIQUES, COLLECTIBLES, OLD COINS & OLD TOYS Please call: 407-257-5421. Thank you MerchandiseMerchandise FORSALE NOTICE OF APPLICATION FOR BANK MERGERRochelle State Bank, 800 Ashley Street, Rochelle, Georgia 31079, a Georgia banking institution, and ST AcqCo, Inc., 390 North Orange Avenue, 23rd Floor, Orlando, Florida 32801, a Georgia corporation, have filed a Bank Merger Act Application with the Federal Deposit Insurance Corporation and the Georgia Department of Banking and Finance for approval to complete the merger of ST AcqCo, Inc., with and into Rochelle State Bank. It is contemplated that all branches of Rochelle State Bank will remain open and continue to be operated as branches of Rochelle State Bank following the proposed merger.Any person wishing to comment on this application may file his or her comments in writing with the regional director of the Federal Deposit Insurance Corporation at its Atlanta Regional Office located at Ten 10th Street N.W., Suite 800, Atlanta, Georgia 30309, or with the Georgia Department of Banking and Finance, located at 2990 Brandywine Road, Suite 200, Atlanta, Georgia 303041, in each case not later than May 14, 2021. The nonconfidential portions of the application are on file at the FDIC Atlanta Regional Office and are available for public inspection during regular business hours. Photocopies of the nonconfidential portion of the application file will be made available upon request. OS6929647 4/14, 4/29, 5/9/21 FOR SECOND READINGWILL BE HELD ONMONDAY, MAY 10, 2021 AT 6:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA. THE CITY COMMISSION RESERVES THE RIGHT TO POSTPONE OR CONTINUE THE PUBLIC HEARING ON THIS ORDINANCE AT THIS MEETING WITHOUT FURTHER NOTICE.The proposed ordinance may be inspected by interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the City’s Clerk’s Office, located at 1126 East State Road 434, Winter Springs, Florida. For more information call (407) 327-1800, Extension 253. Interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Persons with disabilities needing assistance to participate in any of these proceedings should contact the Employee Relations Department Coordinator, 48 hours in advance of the meeting at (407) 327-1800, Extension 236. This is a public hearing. If you decide to appeal any recommendation/ decision made by the City Commission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinance.OS6936583 4/29/2021 28 PUBLIC HEARINGS AGENDA ITEM 401 CITY COMMISSION AGENDA | MAY 10, 2021 REGULAR MEETING TITLE Second Reading of Ordinance 2021-04 Amending the City of Winter Springs Code of Ordinances, Section 2-27 regarding City Commission Rules And Procedures; Providing amendments related to agenda items and reports; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability and an effective date. SUMMARY During the April 12, 2021 City Commission Meeting, the City Commission proposed the inclusion of a standing item on the City Commission's Regular Agenda which would allow for a discussion of "New Business." The City Attorney advised that changes to the Rules and Procedures (Section 2-27 of the City Code) would be necessary and an Ordinance would be drafted and presented to the City Commission. Ordinance 2021-04 establishes a New Business section to be included on all agendas allowing the Mayor, any City Commissioner, the City Manager, or City Attorney an opportunity to raise, if necessary, new issues not on the agenda that require discussion and potential future direction by the City Commission. This Ordinance also makes modifications to the description and purpose of Reports resulting from the New Business section being added to allow new items to be presented for discussion and direction. As such, reports will no longer be the appropriate place to bring up new non-agenda items for discussion and direction by the city commission. First Reading of Ordinance 2021-04 was held April 26, 2021. This is the Second and Final Reading of the Ordinance. RECOMMENDATION Staff requests the City Commission conduct a Second and Final Reading of Ordinance 2021-04. 29 City of Winter Springs Ordinance No. 2021-04 Page 1 of 5 ORDINANCE NO. 2021-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, SECTION 2-27 REGARDING CITY COMMISSION RULES AND PROCEDURES; PROVIDING AMENDMENTS RELATED TO AGENDA ITEMS AND REPORTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Article IV, Section 4.13 of the City Charter provides that the City Commission shall meet regularly at least once every month at such times and places as the Commission may prescribe by rule; and WHEREAS, pursuant to the requirements of the City Charter, the City Commission has established rules and procedures codified under Section 2-27 of the City Code; and WHEREAS, the City Commission desires to modify Section 2-27 of the City Code related to agenda items and reports. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. Section 2. Code Amendment. Section 2-27 of the City Code is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Section 2-27. It is intended that the text in Section 2-27 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Sec. 2-27. – Rules and procedures of the city commission – Generally. (a) Authority. The rules and procedures established under this article II are adopted in furtherance of subsection 4.13(b) of the City Charter which provides that the city commission shall determine its own rules and order of business. The rules and procedures adopted under this article II are intended to be supplemental and in addition to other applicable provisions of law. To the extent that any provision of these rules and procedures is in conflict with the City Charter, state or federal law, the conflicting provisions of the City Charter, state or federal law shall prevail and apply. The rules and procedures adopted by the city commission shall not be construed or interpreted in any way to limit the broad powers vested in the city commission under the City Charter, article VIII, section 2(b) of the state constitution, the Florida Municipal Home Rule Powers Act, and other applicable law. 30 City of Winter Springs Ordinance No. 2021-04 Page 2 of 5 (b) Agenda packets. The city manager shall have the authority to and be responsible for preparing the city commission agenda for each city commission meeting. The mayor or any city commissioner shall have the right to have a matter placed on the regular agenda for timely consideration and action by the city commission. Upon completion of the agenda packets, the city clerk shall be responsible for distributing agenda packets to the mayor, city commissioners, city manager, city attorney, city staff and the public. Agenda packets shall be made available to the mayor and each commissioner no later than Wednesday (preferably by 5:00 p.m.) prior to the commission meeting; however, when absolutely necessary or in the event of an emergency, the city manager may authorize the distribution of the agenda packets after 5:00 p.m. and may distribute any add-on agenda item(s) after the agenda has been distributed on Wednesday. To the extent that certain agenda items require the review by or distribution of documents to the mayor and city commission that are deemed confidential or exempt from public disclosure by law, the city manager will arrange for such review or distribution in a manner deemed appropriate to protect such exemption or confidentiality. (c) Approval of the agenda; New Business Section. (1) At the commencement of each city commission meeting during the call to order section, the city commission shall approve, by majority vote, the proposed agenda to be considered by the city commission at the meeting. Prior to the approval of the proposed agenda, the city commission may, by majority vote, add or remove agenda items from the proposed agenda or reorder agenda items in terms of placement on the agenda. Upon approval of the agenda, the agenda items will be considered by the city commission in the order presented on the approved agenda. (2) Unless otherwise determined by the city commission, each regular agenda shall have a New Business section, in the order on the agenda approved by the city commission, which allows the mayor, any city commissioner, city manager or city attorney an opportunity to raise, if necessary, new issues not on the agenda that require discussion and potential future direction by the city commission. The New Business section shall not be used to present items requiring prior public notice or hearing, for reports allowed under subsection (m), or be used as a substitute for timely placing items on the agenda prior to the agenda packet being distributed or as an add-on item as required by subsection (b). The city commission will not take final action on any new business item that is considered a major initiative and/or initiative that would ordinarily require significant city staff research. Persons introducing new business items are encouraged to provide background information regarding the item prior to or at the meeting in the same manner as permitted for reports under subsection (m)(4). (d) Robert's Rules of Order. Robert's Rules of Order shall be the "underlying foundation" for the conduct of commission meetings and will be followed to the extent practical and feasible and to the extent not modified by this article or as otherwise required by law. Robert's Rules of Order may be suspended by a majority vote of the city commission. The city clerk shall be responsible for maintaining at least two (2) copies of Robert's Rules of Order on the dais during all city commission meetings. (e) Consent agenda. Any commissioner may request that a consent agenda item be held for separate consideration. (f) Motions. No motion shall be recognized by the chair until all commissioners and the city manager have had an opportunity to address that agenda item. 31 City of Winter Springs Ordinance No. 2021-04 Page 3 of 5 (g) Motions belong to commission. Motions shall only be permitted by members of the commission. Motions, once made, and seconded, belong to the commission, not the individual making the original motion. Motions which have been seconded may be withdrawn by consensus of the city commission without a formal vote. Amendments to pending motions are not required to be accepted by the maker of the pending motion. (h) Parliamentary procedure. All motions shall be considered in accordance with the Chart 1, Ranking Order and Chart II, motions in the "Parliamentary Procedure Basics for Governmental Bodies" (Third Edition, Agenda Associates). The city clerk shall be responsible for maintaining at least two (2) copies of the chart on the dais during all city commission meetings. (i) Time limits on agenda items. Unless otherwise approved by a majority vote of the city commission, each commissioner and the mayor shall be given a maximum of five (5) minutes to initially speak on an agenda item. After each commissioner and the mayor have been afforded the opportunity to initially speak on an agenda item, each commissioner and the mayor shall then be given additional time to speak in five (5) minute increments until discussion on that agenda item has been concluded. (j) Call the question. Motions to "call the question" shall require a second and a minimum two- thirds (⅔) vote of the commission. (k) Starting time of meetings. Regular city commission meetings shall be scheduled to commence at 6:30 p.m. on the second and fourth Monday of every month unless otherwise approved by the city commission. Special and emergency city commission meetings shall be scheduled as needed at a date and time established by the mayor, city commission or city manager, and whenever practicable, upon no less than twelve (12) hour notice provided to the mayor, city manager, city clerk, city attorney and each member of the city commission. (l) Time of adjournment. Unless sooner adjourned by majority vote of the city commission, the mayor shall adjourn the commission meeting at 8:30 p.m. However, by majority vote of the city commission, a commission meeting may be extended beyond 8:30 p.m., but no later than 10:00 p.m., in time increments or to handle any specific agenda item(s). A super-majority vote of the city commission shall be required to similarly extend a commission meeting beyond 10:00 p.m. (m) Reports. At the conclusion of each city commission meeting prior to any additional delegations portion of the city commission meeting In the order on the agenda approved by the city commission, the each agenda will set aside a time period for reports subject to the following protocol: (1) During reports, the mayor and each commissioner shall be afforded an opportunity to report on various committees and groups on which they represent the city, important events of City interest and to make brief comments in general. Each report is intended to be brief and not for purposes of proposing that the city commission take final action or give direction on an item. Such items should be placed elsewhere on the agenda for action or direction. on major initiatives and/or initiatives that would ordinarily require significant city staff research before final action is taken by the city commission. (2) The city commission will not take final action on any major initiatives and/or initiatives that would ordinarily require significant city staff research presented under reports. 32 City of Winter Springs Ordinance No. 2021-04 Page 4 of 5 (32) The city manager, city attorney, and city clerk shall also be afforded a brief opportunity to report on information and various matters requiring the city commission's awareness or attention and to also present pending miscellaneous matters requiring expedient direction from the city commission prior to the next regularly scheduled city commission meeting. (43) Unless otherwise approved by a majority vote of the city commission, each commissioner and the mayor shall be given a maximum of five (5) minutes to speak under reports. (54) Reporting individuals may circulate, prior to the meeting, background information that may be reported on during the meeting. Such information shall be provided through the city clerk's or city manager's office for distribution to the mayor and city commission in a manner similar to the distribution of agenda packets, except that the city attorney may distribute attorney-client privileged work product directly to the city manager, mayor and city commissioners to the extent necessary to protect such privilege. Further, to the extent that certain information must be distributed by the city manager that is deemed confidential or exempt from public disclosure by law, such information may be distributed directly to the mayor, city commissioners, and city attorney to the extent necessary to protect such exemption or confidentiality. At the meeting, the reporting individual can present or refer to the background information in support of their report item. (6 5) Reporting individuals may also present their report items in writing to be distributed at the meeting. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts or ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. [Adoption page follows] 33 City of Winter Springs Ordinance No. 2021-04 Page 5 of 5 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the ____ day of May, 2021. Kevin McCann, Mayor ATTEST: Christian Gowan, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: Anthony A. Garganese, City Attorney First Reading: Legal Ad: Second Reading: ________________ 34 4 Orlando Sentinel | Section 4 | Thursday, April 29, 2021 SIGN UP TODAY Get unlimited access to our members-only business website as well as our digital newsletter that delivers the morning’s vital Orlando business intelligence to your inbox daily (every Monday-Friday). It’s must-have, exclusive information, to gain a competitive edge. Go to GrowthSpotter.com/SignUp A division of the Orlando Sentinel Media Group 2017 and 2015Editor & PublisherAward winner Best Business Website GrowthSpotter. How successful people start their day. Extend your reach. Access customized technology. Simplify your search. orlandosentinel.com/jobs YOUR PERFECT HIREIS WAITING EZ-Payis theeasy wayto pay your subscription! Call407-420-5353 and sign up TODAY! ** UCF’S 14TH ANNUAL NONPROFIT CAPACITY BUILDING SERIES **UCF’s Center for Public and Nonprofit Management will be hosting its 14th Annual Nonprofit Capacity Building Series for nonprofits.Apply at https://ccie.ucf.edu/cpnm/capacity-building/15 Orange County nonprofits will be selected. ABSOLUTE AUCTION Thursday April 29th @ 11AMContents of the Boca Raton Resort Hotel Rooms290 NE 181st St., Miami Gardens, FL 33162Preview begins @ 9AM morning of saleBid Live or Online @ Proxibid.Com/TobyNeveretEntertainment Centers, Bed Side Tables, Dressers, Chairs, Mattresses, Duvet Covers, Duvets, and more.Bid Live In-Person or Online @ Proxibid.Com/TobyNeverettToby Neverett Auctioneerswww.neverettauctions.com561-706-7218 * au872 ab6281U SHREDDING EVENT Get rid of personal papers & electronic items safely & securely! Minimum donation $20 for 1-5 banker boxes (grocery brown bags of paper). 1 box electronic items $5 minimum donation. ProShred will shred papers in front of you in truck. Electronic items will be shred at ProShred location. Masks & gloves worn by shredding team. Please wear a mask yourself! 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NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 5531 – 1480 Celebration Blvd., Celebration, FL 34747 to satisfy a lien on TUESDAY, MAY 18, 2021 at approx. 10:30am at www.storagetreasures.com: Mirelis Yarixa Rivera Ramos NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 6174 – 1004 North Hoagland Blvd. Kissimmee, Fl. 34741 to satisfy a lien on TUESDAY,MAY 18, 2021 at approx. 11:30am at www.storagetreasures.com: Christophe DrydenJose Alfredo Diaz VenegasBrett Avery TiptonMartha C GironGerman A Diaz NOTICE OF PUBLIC SALE:Self-storage unit contents of the NOTICE OF PUBLIC SALE:AIRBORNE TOWING INC. gives Notice of Foreclosure of Lien and intent to sell these vehicles on 5/11/2021, 10:00 am at 296 ANCHOR RD Suite 200 CASSELBERRY, FL 32707-3277, pursuant to subsection 713.78 of the Florida Statutes. AIRBORNE TOWING INC. reserves the right to accept or reject any and/or all bids. KMHCN4AC6BU599993 2011 Hyundai OS6933162 4/29/21 NOTICE OF PUBLIC AUCTION BY ORANGE COUNTY SHERIFF’S OFFICENOTICE IS HEREBY GIVEN, that I, JOHN W. MINA, as Sheriff of Orange County, Florida, will sell fleet vehicles at a public auction for cash on demand. This auction will be held on the 8th day of May 2021; beginning at 9 o’clock in the forenoon or soon thereafter on said day on the premises of Tampa Machinery Auction, Inc. (License# AB135/AU871) located, in Thonotosassa, Hillsborough County, Florida. A complete list may be seen the day of the viewing at U.S. Highway 301 five miles north of I-4, in Thonotosassa, Hillsborough County, Florida. Prospective bidders may pre-register on-line at www.tmauction.com and view the items the day before the sale between the hours of 8:00 am to 5:00 p.m. and the morning of the sale between 7:30 a.m. and 9:00 a.m. You must be sixteen or older with proper I.D. to attend and 18 or older to bid. All items will be SOLD AS IS AND WITH NO WARRANTIES. SOLD SUBJECT TO ALL TAXES. ALL SALES ARE FINAL.In accordance with the Americans with Disabilities Act, persons needing a special accommodation to participate in this proceeding should contact Eric Nieves, Civil Process Sales Coordinator not later than seven days prior to the proceeding at Orange County Sheriff’s Office, 425 North Orange Avenue, Suite 240. Telephone: 407-836-4570; If hearing impaired, (TDD) 1-800-955-8771, or Voice (V) 1-800-955-8770, via Florida Relay Service.JOHN W. MINA, as SheriffOrange County, FloridaBy: Sgt. Mark GarciaAs Deputy SheriffOS6937249 4/29, 5/6/2021 NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 429 – 965 South Semoran Blvd, Winter Park FL 32792 to satisfy a lien May 10th, 2021 at approx. 10:00 AM at www.storagetreasures.com: Joe L ZavalaCharles j NicholsonJoe L ZavalaEyarawa Kenya Mervil NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 431 – 3040 S Goldenrod Road, Orlando, FL 32822 to satisfy a lien May 10th, 2021 at approx. 10:30 AM at www.storagetreasures.com: Janice Lopez CedenoGilbert SantosChris WilliamsMildred Munoz VeraVincent PrattAlan CookeRosa Delgado Ortiz NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 0858 – 6875 University Blvd, Winter Park FL 32792 to satisfy a lien on May 10th, 2021 at approx. 11:00 AM at www.storagetreasures.com: Samantha Ann FerrerJayme EcholsJoshua I JacksonElijah McLeanChris Roper NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 428 – 1007 Willa Springs Rd. Winter Springs, FL 32708 to satisfy a lien on May 11th, 2021 at approx. 10:00 AM at www.storagetreasures.com: Escolastica Lewis NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 0696 – 3508 S Orlando Dr Sanford, FL 32773 to satisfy Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 0671 – 100 Mercantile Court, Ocoee, Fl 34761 to satisfy a lien on WEDNESDAY, MAY 19, 2021 at approx. 10:30am at www.storagetreasures.com:Rebecca Nancy Kozub / Rebecca KozubBrynne LeeJoseph Junior Anthony Martin NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 0693 – 1015 North Apopka Vineland Road, Orlando, FL 32818 to satisfy a lien on WEDNESDAY,MAY 19, 2021 at approx. 11:00am at www.storagetreasures.com:Ladresha BrownMAC/ Masolena Anita CasonBrent Jordan / B JordanLU / Mahandra Anthony Samlal NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 0420 –5301 N. Pine Hills Road, Orlando Fl 32808 to satisfy a lien on WEDNESDAY, MAY 19, 2021 at approx. 11:30am at www.storagetreasures.com:Erickson Junior Perez PerezJAMES KENNEDYDaniel WilliamsKemone McminnusMara BelizaireDaniel TorresJacques UnionBrandon Railey Lillie Corbett GoffeSharon D Sherman/ Sharon Thomas/ Sharon Thomas Sherman / Sharon Denise Sherman/Sharon Null Sherman / Sharon D Shermon / Sharon D Sheman /Sharon Dhonas /Sharron Thomas / Sharon Den Sherman / Thomas Sharon / Sharon Sherman NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 0430 –7400 West Colonial Dr, Orlando Fl 32818 to satisfy a lien on THURSDAY, MAY 20, 2021 at approx. 10:30am at www.storagetreasures.com: Rowland Townsend Jr./ Rowland Leroy Townsend JrVictoria Tapia/ Victor Tapia/ Victor R Tapia Jr.Jeremy Brassard NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 5961 – 1540 Sullivan Rd., Davenport, FL 33896 to satisfy a lien on FRIDAY, MAY 21, 2021 at approx. 11:00am at www.storagetreasures.com: Cora StankusCarlos Emmauel VelezChris MitchellSandy Ridge HOANicole Diaz OS6933333 4/29, 5/6/2021 NOTICE OF PUBLIC MEETING DATES OF THE CONSTRUCTION COMMITTEE OF THE BOGGY CREEK, GREENEWAY, AND MYRTLE CREEK IMPROVEMENT DISTRICTS AND THE POITRAS EAST COMMUNITY DEVELOPMENT DISTRICTThe Construction Committee of the Boggy Creek, Greeneway, and Myrtle Creek Improvement Districts and the Poitras East Community Development District will be meeting on May 6, 2021, and May 20, 2021 at 3:30 p.m. in the office of Donald W. McIntosh Associates, Inc., 2200 Park Avenue North, Winter Park, FL 32789. The Construction Committee will discuss and review the status of current and future Infrastructure Improvements, Requests for Qualifications, Requests for Proposals, etc., related to the Districts. The meeting will be open to the public and will be conducted in accordance with provisions of Florida Law for Community Development Districts. The meetings may be continued to a date, time, and place to be specified on the record at the meeting. As a public health precaution, all those attending the meeting in person will be Orlando Dr Sanford, FL 32773 to satisfy a lien on May 11th, 2021 at approx. 10:30 AM at www.storagetreasures.com:Kimberly CohenJustin Travis StaffordDemetrius L. SumterTerry WhiteRay Clinton JonesColton BarbosaRay C Jones NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 0857 – 3750 W. 1st Street Sanford, FL 32771 to satisfy a lien on May 11th, 2021 at approx. 11:00 AM at www.storagetreasures.com:William A Miller NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 0694 – 3651 Alafaya Trl Oviedo, FL 32765 to satisfy a lien on May 12th, 2021 at approx. 10:00 AM at www.storagetreasures.com:Ali Bakhit Ali Al-Maashani NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 5760 – 9001 Eastmar Commons Boulevard, Orlando, FL 32825 to satisfy a lien on May 12th, 2021 at approx. 11:00 AM at www.storagetreasures.com :Miguel Angel Soto-Ramirez NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 0351 – 10425 S John Young Pkwy, Orlando, FL 32837 to satisfy a lien on May 13th, 2021 at approx.. 10:00 AM at www.storagetreasures.com: John BonaduceShayna Reanuka Joseph MohammedLuis Nathaniel VazquezJimmale Charmale ClarkMario RiveraJohn William AshtonTyrek Evans NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 0695– 4554 E Hoffner Ave Orlando, FL 32812 to satisfy a lien on May 13th, 2021 at approx.. 10:30 AM at www.storagetreasures.com: Nestor Calderon Rodriguez NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 703 – 3730 S Orange Ave Orlando FL 32806 to satisfy a lien on May 13th, 2021 at approx. 11:00 AM at www.storagetreasures.com: Sagely ShubertAlfred RodneyMartin Enrique Santiago SegarraCarlos PereaTehri Levonne Hendry NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 5770 - 240 Storage Pointe, Altamonte Springs, FL 32701 to satisfy a lien on May 14th, 2021 at approx. 10:30 AM at www.storagetreasures.com: Anshae S Ivory Bruce Alan Carter NOTICE OF PUBLIC SALE:Self-storage unit contents of the following customers containing household and other goods will be sold for cash by CubeSmart # 5923 – 1110 Emma Oaks Trail, Lake Mary FL 32746 to satisfy a lien on May 14th, 2021 at approx. 11:00 AM at www.storagetreasures.com: Elijah Early OS6928806 4/22, 4/29/2021 For Home Delivery call 407-420-5353 CITY OF WINTER SPRINGS NOTICE OF CITY COMMISSION PUBLIC HEARINGNOTICE IS HEREBY GIVEN THATTHE CITY COMMISSIONPROPOSES TO CONSIDER: ORDINANCE NO. 2021-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE EXISTING SOLID WASTE FRANCHISE AGREEMENT WITH WASTE PRO OF FLORIDA, INC., A FLORIDA CORPORATION, TO EXTEND THE TERM OF THE AGREEMENT FIVE (5) YEARS WITH UP TO THREE (3) ADDITIONAL ONE YEAR RENEWALS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. PUBLIC HEARINGFOR SECOND READING CITY OF WINTER SPRINGS NOTICE OF CITY COMMISSION PUBLIC HEARINGNOTICE IS HEREBY GIVEN THATTHE CITY COMMISSIONPROPOSES TO CONSIDER:ORDINANCE NO. 2021-04AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, SECTION 2-27 REGARDING CITY COMMISSION RULES AND PROCEDURES; PROVIDING AMENDMENTS RELATED TO AGENDA ITEMS AND REPORTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY AND AN EFFECTIVE DATE. PUBLIC HEARINGFOR SECOND READINGWILL BE HELD ON MONDAY, MAY 10, 2021 AT 6:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA. THE CITY COMMISSION RESERVES THE RIGHT TO POSTPONE OR CONTINUE THE PUBLIC HEARING ON THIS ORDINANCE AT THIS MEETING WITHOUT FURTHER NOTICE. The proposed ordinance may be inspected by interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the City’s Clerk’s Office, located at 1126 East State Road 434, Winter Springs, Florida. For more information call (407) 327-1800, Extension 253. Interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Persons with disabilities needing assistance to participate in any of these proceedings should contact the Employee Relations Department Coordinator, 48 hours in advance of the meeting at (407) 327-1800, Extension 236. This is a public hearing. If you decide to appeal any recommendation/ decision made by the City Commission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinance. OS6936589 4/29/2021 As a public health precaution, all those attending the meeting in person will be asked to wear a mask and maintain social distancing. The District fully encourages public participation in a safe and efficient manner in light of the COVID-19 public health emergency. To that end, the District recommends that any member of the public interested in listening to and participating in the meeting do so remotely by calling 1-844-621-3956 and entering Participant Code: 796 580 192#. Any person requiring special accommodations at these meetings because of a disability or physical impairment should contact the District Manager’s Office at least forty-eight (48) hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1-1, or 1-800-955-8771 (TTY) / 1-800-955-8770 (Voice), for aid in contacting the District Manager’s Office.Any person who decides to appeal any decision made by the Committee with respect to any matter considered at the meeting is advised that the person will need a record of the proceedings and that, accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based.Jennifer WaldenDistrict ManagerOS6933346 4/29/21 WANTED: I BUY ALL RVS & CAMPERS – $$$$ TOP $$$ PAID; CASH ON THE SPOT CALL OR TEXT JOHN 954-895-0643 Transportation ORLANDO Estate Sale - household goods, furniture & tools! 7533 Sugarbend Dr, 32819. Thurs 4/29 & Fri 4/30 8am-5pm. Please wear a face mask. BUYING COSTUME JEWELRY, ANTIQUES, COLLECTIBLES, OLD COINS & OLD TOYS Please call: 407-257-5421. Thank you MerchandiseMerchandise FORSALE NOTICE OF APPLICATION FOR BANK MERGERRochelle State Bank, 800 Ashley Street, Rochelle, Georgia 31079, a Georgia banking institution, and ST AcqCo, Inc., 390 North Orange Avenue, 23rd Floor, Orlando, Florida 32801, a Georgia corporation, have filed a Bank Merger Act Application with the Federal Deposit Insurance Corporation and the Georgia Department of Banking and Finance for approval to complete the merger of ST AcqCo, Inc., with and into Rochelle State Bank. It is contemplated that all branches of Rochelle State Bank will remain open and continue to be operated as branches of Rochelle State Bank following the proposed merger.Any person wishing to comment on this application may file his or her comments in writing with the regional director of the Federal Deposit Insurance Corporation at its Atlanta Regional Office located at Ten 10th Street N.W., Suite 800, Atlanta, Georgia 30309, or with the Georgia Department of Banking and Finance, located at 2990 Brandywine Road, Suite 200, Atlanta, Georgia 303041, in each case not later than May 14, 2021. The nonconfidential portions of the application are on file at the FDIC Atlanta Regional Office and are available for public inspection during regular business hours. Photocopies of the nonconfidential portion of the application file will be made available upon request. OS6929647 4/14, 4/29, 5/9/21 FOR SECOND READINGWILL BE HELD ONMONDAY, MAY 10, 2021 AT 6:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA. THE CITY COMMISSION RESERVES THE RIGHT TO POSTPONE OR CONTINUE THE PUBLIC HEARING ON THIS ORDINANCE AT THIS MEETING WITHOUT FURTHER NOTICE.The proposed ordinance may be inspected by interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the City’s Clerk’s Office, located at 1126 East State Road 434, Winter Springs, Florida. For more information call (407) 327-1800, Extension 253. Interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Persons with disabilities needing assistance to participate in any of these proceedings should contact the Employee Relations Department Coordinator, 48 hours in advance of the meeting at (407) 327-1800, Extension 236. This is a public hearing. If you decide to appeal any recommendation/ decision made by the City Commission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinance.OS6936583 4/29/2021 35 REGULAR AGENDA ITEM 500 CITY COMMISSION AGENDA | MAY 10, 2021 REGULAR MEETING TITLE Non-Binding Preliminary Review for Pulte Homes. SUMMARY The applicant, Pulte Homes is proposing a future land use change from Greenway Interchange District (GID) or to modify the District’s rules to allow for a master planned residential community of between 200 to 250 lots, that proposes three different lot types; 1) 20’ wide rear loaded townhomes, 2) 32’ wide rear loaded single family bungalow lots; and 3) 50’ front loaded single family lots. The property includes ±63.93 acres (PID's 31-20-31-5BB-0000-003A, 31-20-31-5BB- 0000-002D, 31-20-31-5BB-0000-001A, and 31-20-31-5BB-0000-0150) surrounded by existing residential on the north and west, the parcels are separated by the Winnin parcels to the south by a wetland. The east side of the property has frontage on SR 417. The subject parcels currently hold a zoning designation of Greenway Interchange District (GID). RECOMMENDATION Staff recommends the City Commission review and provide non-binding comments. 36 August 29, 2020 37 38 39 40 41 Seminole County Property Appraiser This map is for informational purposes only and is not prepared for or suitable for legal, engineering or surveying purposes. No warranties; expressed or implied, are provided for the data herein, its use or interpretation. E 0 0.09 0.18 0.27 0.360.045 mi 42 20 O2949882.v4 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Lots 1, 2, 3, 4, 5 and 6, Section 32, Township 20 South, Range 31 East, ALSO Lots 1, 2, 3, 7 and 8 of Section 5, Township 21 South, Range 31 East (Less beginning 20 feet East of and 274.1 feet South of the NW corner of Lot 3, Section 5, run East 366.6 feet [346.6 field], N 06º05’E, 507.3 feet, N 0º12’E, 321.7 feet, S87º32’W, 193 feet, N 04º30’W, 269.1 feet, S89º04’E, 652.1 feet, S89º56’E 420 feet, N 241.9 feet to shore of Lake Jessup, Westerly along shore 1,286 feet to the East line of Spring Avenue; South 1,173 feet to beginning), being 91 acres, more or less. All above real property being a part of the Phillip R. Young Grant according to the plat thereof as recorded in Plat Book 1, Page 35, Public Records of Seminole County, Florida. ALSO A right of ingress and egress over that 10-foot strip of land adjoining and running along the Northerly side of a line commencing 20 feet East and 275.1 feet South of the NW corner of Lot 3 of Section 5, Township 21 South, Range 31 East, run East 366.6 feet and a right of ingress and egress over that 10-foot strip of land adjoining and running along the Westerly side of line commencing 366.6 feet East of a point 20 feet East and 274.1 feet South of the NW corner of Lot 3, Section 5, Township 21 South, Range 31 East, run N06º05’E, 507.3 feet; thence N00º12’E, 321.7 feet, said Lot 3 appears in the plat of Phillip R. Young Grant as recorded in Plat Book 1, Page 35 of the Public Records of Seminole County, Florida. Less the East 25 feet of Lots 2 and 8 of said Section 5; Less West 25 feet of Lots 1, 3 and 7 of said Section 5 and less West 25 feet of Lot 2 and East 25 feet of Lot 3 of said Section 32. LESS A part of Lot 1, Section 5, Township 21 South, Range 31 East, and Lots 1, 2 and 3, Section 32, Township 20 South, Range 31 East of the Phillip R. Young Grant according to the plat thereof as recorded in Plat Book 1, Page 35 of the Public Records of Seminole County, Florida, being more particularly described as follows: Commence at the NE corner of said Section 5; thence run S88º49’39”W along the North line of said Section 5, a distance of 189.88 feet to the NE corner of said Lot 1, Section 5 of the Phillip R. Young Grant for a point of beginning; thence run S04º42’40”W along the East line of said Lot 1, Section 5, a distance of 665.23 feet to the SE corner of said Lot 1, Section 5; thence run S88º49’39”W along the South line of said Lot 1, Section 5, a distance of 204.39 feet; thence departing said South line run N25º45’00”W, a distance of 1,386.79 feet to a point on the East line of the West 25.00 feet of said Lot 2, Section 32; thence run N01º17’12”W along said East line a distance of 408.90 feet to a point on the North line of said Lot 2, Section 32; thence departing said East line run S83º47’20”E along said North line a distance of 949.00 feet to the NE corner of said Lot 1, Section 32; thence run S04º42’40”W along the East line of said Lot 1, Section 32, a distance of 891.00 feet to the point of beginning. AND ALSO LESS 43 21 O2949882.v4 Commence at the NE corner of said Section 5 also being the SE corner of said Section 32; thence run S88º49’39”W along the North line of said Section 5, also being the South line of said Section 32, a distance of 1,088.05 feet to a point on the West line of the East 25.00 feet of said Lot 3, Section 32; thence departing the North line of said Section 5 and the South line of said Section 32, run N01º17’12”W along said West line, a distance of 709.22 feet for a point of beginning; thence departing said West line run N25º45’00”W a distance of 103.97 feet; thence run S88º46’48”W a distance of 69.93 feet to a point on the East line of Amended Plat of First Addition to Mineral Springs, according to the plat thereof, as recorded in Plat Book 8, Pages 46 and 47 of the Public Records of Seminole County, Florida; thence run N01º09’12”W along said East line a distance of 225.66 feet to a point on the North line of said Lot 3, Section 32; thence departing said East line run S83º47’20”E along said North line, a distance of 113.43 feet to a point on the aforesaid West line of the East 25.00 feet of said Lot 3, Section 32; thence departing said North line run S01º17’12”E along said West line a distance of 305.58 feet to the point of beginning. ALSO LESS A part of the West 25.00 feet of Lot 2 and the East 25.00 feet of Lot 3, Section 32, Township 20 South, Range 31 East of the Phillip R. Young Grant, according to the plat thereof, as recorded in Plat Book 1, Page 35 of the Public Records of Seminole County, Florida, being more particularly described as follows. Commence at the SE corner of said Section 32; thence run S88º49’39”W along the South line of said Section 32, a distance of 1,038.05 feet to a point on the East line of the West 25.00 feet of said Lot 2; thence departing said South line run N01º17’12”W along said East line a distance of 599.42 feet for a point of beginning; thence departing said East line run N25º45’00”W a distance of 120.74 feet to a point on the West line of the East 25.00 feet of said Lot 3; thence run N01º17’12”W along said West line a distance of 305.58 feet to a point on the North line of said Lot 3; thence departing said West line run S83º47’20”E along the North line of said Lots 2 and 3 a distance of 50.43 feet to a point on the East line of the West 25.00 feet of said Lot 2; thence departing said North line run S01º17’12”E along said East line a distance of 408.90 feet to the point of beginning. Tax Parcel No. 31-20-31-5BB-0000-0150, 31-20-31-5BB-0000-001A, 31-20-31-5BB-0000-002D, and 31-20-31-5BB-0000-003A 44 45 https://seminoleschools.sharepoint.com/sites/FacilitiesPlanning/Shared Documents/New Directories/Planning/Development tracking/0 SIAs 2020/SIA Genius Property/Notice - SIA TEMPLATE.docx To: Elizabeth Genius/Daly design Group 913 N. Pennsylvania Ave. * Winter Park FL 32789 407.740.7373 tdaly@dalydesign.com From: Richard LeBlanc, AIA, Director, Facilities Planning, Seminole County Public Schools Date: November 23, 2020 RE: GENIUS PROPERTY Seminole County Public Schools (SCPS), in reviewing the above request, has determined that if approved, the new FLUM designation and/or zoning will have the effect of increasing residential density, and as a result generate additional school age children. Description: Proposed Rezone from Greenway Interchange/GID to Low Density Residential/PUD of +/-64.47acres generally located at Spring Ave, Oviedo FL within the jurisdiction of the City of Winter Springs, FL. The applicant is requesting a change to the FLU and zoning designations to allow a maximum of 98 Single Family Detached and 122 Single Family Attached residential units, to be developed within the proposed land use and zoning designations. Parcel ID (s) #: 31-20-5BB-0000-0150 & 003A & 002D This review and evaluation is performed on proposed future land use changes and rezones, unplatted parcels, or projects that have not received final entitlement approval. This evaluation does not guarantee that the developments subject to this declaration are exempt from, or determined to meet the school concurrency requirements effective as of January 1, 2008. Changes in enrollment, capacity, any newly platted developments, and any subsequent final development approvals may affect the provision of concurrent school facilities at the point of final subdivision approval, including the potential of not meeting statutory concurrency requirements based on future conditions. Based on information received from the jurisdiction and the application for the request, SCPS staff has summarized the potential school enrollment impacts in the following tables: CSA Capacity AFFECTED CSAs CSA E-3 CSA M-3 CSA H-4 CAPACITY 3,123 3,908 5,488 3-YEAR PROGRAM CAPACITY - - - ENROLLMENT 2,683 3,471 4,816 AVAILABLE CAPACITY 440 437 672 SCALD RESERVATIONS TO DATE 263 227 106 GENIUS PROPERTY 30 16 23 REMAINING CAPACITY 147 194 543 DEVELOPMENT IMPACT ON STUDENT GENERATION BY CSA Seminole County Public Schools School Impact Analysis School Capacity Determination (Non-Binding) 46 https://seminoleschools.sharepoint.com/sites/FacilitiesPlanning/Shared Documents/New Directories/Planning/Development tracking/0 SIAs 2020/SIA Genius Property/Notice - SIA TEMPLATE.docx Comments CSA Evaluation: At this point, the students generated at the three CSA levels would be able to be accommodated without exceeding the adopted levels of service (LOS) for each CSA by school type, or there is adjacent capacity to meet LOS as allowed by interlocal agreement. Any planned expansions/additions in the current five-year capital plan would provide additional student capacity to relieve the affected schools is reflected in this review. Zoned School Enrollment: For informational purposes, the below table indicates the analysis based on the individual school zones within the CSA under current conditions. At this point, the potential students generated would be able to be accommodated without exceeding the adopted Levels of Service (LOS) for the currently zoned schools. Any planned expansions/additions that would provide additional student capacity contained in the current five-year capital plan and scheduled to be completed within the next three years are included in this review. Terms and Definitions: Capacity: The amount of satisfactory permanent student stations as calculated on the date of the second FDOE count in October of the current school year. The number of students that can be satisfactorily accommodated in a room at any ZONED SCHOOL ELEMENTARY SCHOOLS LAYER KEETH RAINBOWSTERLING PARK CSA E-3 CAPACITY 714 721 726 962 3,123 3-YEAR PROGRAM CAPACITY - - - - - ENROLLMENT 542 600 754 787 2,683 AVAILABLE CAPACITY 172 121 (28) 175 440 SCALD RESERVATIONS TO DATE 124 - 51 88 263 GENIUS PROPERTY 30 - - - 30 - REMAINING CAPACITY 18 121 (79) 87 147 ZONED SCHOOL MIDDLE SCHOOLS INDIAN TRAILSSOUTH SEMINOLE TUSKAWILLA CSA M-3 CAPACITY 1,404 1,254 1,250 3,908 3-YEAR PROGRAM CAPACITY - - - ENROLLMENT 1,208 1,092 1,171 3,471 AVAILABLE CAPACITY 196 162 79 437 SCALD RESERVATIONS TO DATE 62 93 72 227 GENIUS PROPERTY 16 - 16 - REMAINING CAPACITY 118 69 7 - 194 ZONED SCHOOL HIGH SCHOOLS OVIEDO HAGERTY CSA H-4 CAPACITY 2,829 2,659 5,488 3-YEAR PROGRAM CAPACITY - - - ENROLLMENT 2,397 2,419 4,816 AVAILABLE CAPACITY 432 240 672 SCALD RESERVATIONS TO DATE 62 44 106 GENIUS PROPERTY 23 - 23 - REMAINING CAPACITY 347 196 543 47 https://seminoleschools.sharepoint.com/sites/FacilitiesPlanning/Shared Documents/New Directories/Planning/Development tracking/0 SIAs 2020/SIA Genius Property/Notice - SIA TEMPLATE.docx given time and which, is typically a lesser percentage of the total number of student stations. NOTE: Capacity is ONLY a measure of student stations, not of enrollment. Concurrency Service Area (CSA): A geographic unit promulgated by the School Board and adopted by local governments within which the level of service is measured when an application for residential development is reviewed for school concurrency purposes. The CSA listed represents the area that the capacity is considered and student assignment may be in a CSA adjacent to the project. Enrollment: For the purposes of concurrency review, the enrollment level is established each year as per Public School Interlocal Agreement Section 12.4 A, which sets the level on the date of the second full time equivalent (FTE) survey for FDOE, generally taken in mid-October. Programmed 3 Year Additions: New permanent school capacity within the CSA, which will be in place or under actual construction within the first three years of the current SCPS Capital Improvement Plan. Remaining Capacity: The capacity available for future development after the addition of any programmed capacity and less the reserved capacity. Reserved Capacity: The total number of student stations reserved in the respective CSA’s that are assigned to projects via a SCALD certificate. School Size: For planning purposes, each public school district must determine the maximum size of future elementary, middle and high schools. Existing school size is determined solely through FISH data. Seminole County Public Schools has established the sizes of future schools (with the exception of special centers and magnet schools) as follows: i) Elementary: 780 student stations ii) Middle: 1500 student stations iii) High: 2,800 student stations School Attendance Zone: The established geographic area that identifies school assignments pursuant to Board Policy for each District school or region of schools, other than county wide magnet schools. Students shall attend the school(s) serving their residential or regional attendance zone unless otherwise permitted by Board Policy Students Generated by Project: is determined by applying the current SCPS student generation rate (calculated in the 2017 Impact Fee Study) to the number and type of units proposed. The number of units is determined using information provided by the jurisdiction and/or from the applicant’s request. If no actual unit count is provided the unit count is then estimated based on the maximum allowable density under the existing/proposed future land use designation. Eventual Student assignment may not be to the school in closest proximity to the proposed residential development. Utilization: A State Board Rule prescribed percentage of student stations that a room (and proportionately, a school and school district) can satisfactorily accommodate at any given time. From a school/campus analysis perspective, “utilization” is determined as the percentage of school enrollment to capacity. Current DOE established K-12 utilization factors are as follows: Elementary 100%, Middle 90%, High 95% 48 GeniusProperty WinterSprings NON-BINDING PRELIMINARY REVIEW MAY 10, 2021 49 Future Land Use Map/GID in Purple/Genius in Red-Dash 2 No development in GID in over 20 years since the 2001 Comp Plan 50 Future Land Use Map with Wetlands Map 51 Future Land Use Map with Site Plan 52 Wetlands/Flood Zone Considerations Wetland separates from rest of GID to the south proposed to remain as conservation 53 Aerial Photo with Site Plan Overlay 54 Site Plan 55 School Capacity •The potential students generated would be able to be accommodated without exceeding the adopted Levels of Service (LOS) for the currently zoned schools (Nov ‘20) 56 Tax Base Comparison Tax Base Comparison - 10-Year Projection Future Land Use Existing GID Proposed LDR Total Increased Tax BaseZoningExisting GID Proposed PUD Use Existing Agriculture Proposed Residential Year*Property Value Millage Rate Tax Base Property Value Millage Rate Tax Base 2021 $68,727.00 0.02 $1,114.27 N/A N/A N/A N/A 2022 $68,727.00 0.02 $1,114.27 $7,410,938.98 0.02 $120,153.46 $119,039.19 2023 $68,727.00 0.02 $1,114.27 $8,261,000.00 0.02 $133,935.49 $132,821.22 2024 $68,727.00 0.02 $1,114.27 $51,631,250.00 0.02 $837,096.82 $835,982.55 2025 $68,727.00 0.02 $1,114.27 $82,610,000.00 0.02 $1,339,354.91 $1,338,240.64 2026 $68,727.00 0.02 $1,114.27 $70,218,500.00 0.02 $1,138,451.67 $1,137,337.40 2027 $68,727.00 0.02 $1,114.27 $71,201,559.00 0.02 $1,154,389.99 $1,153,275.72 2028 $68,727.00 0.02 $1,114.27 $72,198,380.83 0.02 $1,170,551.45 $1,169,437.18 2029 $68,727.00 0.02 $1,114.27 $73,209,158.16 0.02 $1,186,939.17 $1,185,824.90 2030 $68,727.00 0.02 $1,114.27 $74,234,086.37 0.02 $1,203,556.32 $1,202,442.05 *Assumptions: 1)Year 2021 Proposed Subdivision is going through the entitlement process 2)Year 2022 tax base reflects residential property value per net developable area for proposed FLU/Zoning 3)Year 2023 tax base reflects 10% of potential property value for "paper lots" 4)Year 2024 tax base reflects 25% of potential property value with 50% of homes built out 5)Year 2025 tax base reflects 100% of homes built out 6)Year 2026 tax base reflects a 15% depreciation from initial sales price 7)Years 2027-2030 tax bases reflect a constant 1.4% increase in home value 57 Impact Fees Generated Amount UoM Amount UoM Fire $172 / DU $172 / DU Police $275 / DU $275 / DU Park & Rec.$1,665 / DU $1,665 / DU Transportation $1,342 / DU $1,342 / DU SCPS $9,000 / DU $5,000 / DU Total per unit:$12,454 / DU $8,454 / DU Total Unit:77 DU 122 DU Subtotal Amount: Total Amount:$1,990,346.00 Proposed Development Single-Family Townhomes $958,958 $1,031,388 *Utility Impact Fees were not readily available online nor from staff. **Fire, police and park & recreation impact fees are based on information provided in Chapter 9, Article VIII, Division 3, Se 391.5 of City of Winter Springs Code of Ordinances. ***Transportation impact fees are based on information provided in Chapter 9, Article VIII, Division 2, Section 9-386.7 of City of Winter Springs Code of Ordinances. 58 Traffic (Trip Generation) Assumptions •Single Family Subdivision: 199 single family units 77 50’ lots and 122 townhomes for single family •GID/R&D/Res/Commercial: 430,000 SF of R&D space, 68 mid rise residential with 1st floor commercial GID R&D/Res/Commercial , 4838 Single Family Subdivision, 1699 0 1000 2000 3000 4000 5000 6000 Daily Trips Daily Trip Comparison Single Family Subdivision GID R&D/Res/Commercial 59 Infrastructure Improvements •Spring Avenue: from the development’s entrance to SR 434, approximately 2,600 LF •Currently 20’ wide pavement with drainage ditches •Widen to 24’ wide pavement with curb and gutter •Bring water and sewer up Spring Avenue, potential to expand service area Current Spring Avenue Right of Way 60 Sample Entry Monuments/Landscaping 13 61 Genius Elevations | Winter Springs Highgate 40’-0” x 60’-0” 1,850 SF *4’ garage extension option will not be offered 62 Genius Elevations | Winter Springs Highgate 40’-0” x 60’-0” 1,850 SF Craftsman 1 Elevation 63 Genius Elevations | Winter Springs Highgate 40’-0” x 62’-8” 1,850 SF Florida Mediterranean 2 Elevation 64 Genius Elevations | Winter Springs Highgate 40’-0” x 64’-0” 1,850 SF Craftsman 2 Elevation 65 Genius Elevations | Winter Springs Highgate 40’-0” x 62’-8” 1,850 SF Coastal 2 Elevation 66 Genius Elevations | Winter Springs Spruce 40’-0” x 66’-0” 2,162 SF *4’ garage extension option will not be offered *3 car garage option will not be offered 67 Genius Elevations | Winter Springs Spruce 40’-0” x 67’-2” 2,196 SF Florida Mediterranean 2 Elevation 68 Genius Elevations | Winter Springs Spruce 40’-0” x 70’-0” 2,162 SF Craftsman 2 Elevation 69 Genius Elevations | Winter Springs Tower 40’-0” x 40’-11” 2,386 SF *4’ garage extension option will not be offered *3 car garage option will not be offered 70 Genius Elevations | Winter Springs Tower 40’-0” x 40’-11” 2,386 SF Florida Mediterranean 2 Elevation 71 Genius Elevations | Winter Springs Tower 40’-0” x 40’-11” 2,386 SF Craftsman 2 Elevation 72 Genius Elevations | Winter Springs Tower 40’-0” x 40’-11” 2,386 SF Coastal 2 Elevation 73 Genius Elevations | Winter Springs Whitestone 40’-0” x 54’-8” 2,894 SF *4’ garage extension option will not be offered *3 car garage option will not be offered 74 Genius Elevations | Winter Springs Whitestone 40’-0” x 54’-8” 2,894 SF Florida Mediterranean 2 Elevation 75 Genius Elevations | Winter Springs Whitestone 40’-0” x 54’-8” 2,894 SF Craftsman 2 Elevation 76 Genius Elevations | Winter Springs Whitestone 40’-0” x 54’-8” 2,894 SF Coastal 2 Elevation 77 Genius Elevations | Winter Springs Yorkshire 40’-0” x 66’-0” 3,416 SF *4’ garage extension option will not be offered 78 Genius Elevations | Winter Springs Yorkshire 40’-0” x 66’-0” 3,416 SF Florida Mediterranean 2 Elevation 79 Genius Elevations | Winter Springs Yorkshire 40’-0” x 66’-0” 3,416 SF Craftsman 2 Elevation 80 Genius Elevations | Winter Springs Yorkshire 40’-0” x 66’-0” 3,416 SF Coastal 2 Elevation 81 Genius Elevations | Winter Springs Valencia 40’-0” x 67’-0” 4,342 SF *4’ garage extension option will not be offered *3 car garage option will not be offered 82 Genius Elevations | Winter Springs Valencia 40’-0” x 67’-0” 4,342 SF Florida Mediterranean 1 Elevation 83 Genius Elevations | Winter Springs Valencia 40’-0” x 68’-0” 4,342 SF Florida Mediterranean 2 Elevation 84 Genius Elevations | Winter Springs Valencia 40’-0” x 68’-0” 4,342 SF Coastal 2 Elevation 85 Genius Elevations | Winter Springs Watercraft 20’-0” x 62’-0” 1,345 SF 86 Genius Elevations | Winter Springs Watercraft 20’-0” x 62’-0” 1,345 SF Florida Mediterranean 1 Elevation 87 Genius Elevations | Winter Springs Watercraft 20’-0” x 62’-0” 1,345 SF Craftsman 1 Elevation 88 Genius Elevations | Winter Springs Watercraft 20’-0” x 62’-0” 1,345 SF Coastal 2 Elevation 89 Genius Elevations | Winter Springs Sunbeam 22’-0” x 66’-0” 1,756 SF 90 Genius Elevations | Winter Springs Sunbeam 22’-0” x 66’-0” 1,756 SF Florida Mediterranean 1 Elevation 91 Genius Elevations | Winter Springs Sunbeam 22’-0” x 66’-0” 1,756 SF Craftsman 1 Elevation 92 Genius Elevations | Winter Springs Sunbeam 22’-0” x 66’-0” 1,756 SF Coastal 2 Elevation 93 Genius Elevations | Winter Springs Clearview 24’-0” x 82’-0” 2,119 SF 94 Genius Elevations | Winter Springs Clearview 24’-0” x 82’-0” 2,119 SF 95 Genius Elevations | Winter Springs Clearview 24’-0” x 82’-0” 2,119 SF Florida Mediterranean 2A Elevation 96 Genius Elevations | Winter Springs Clearview 24’-0” x 82’-0” 2,119 SF Florida Mediterranean 2B Elevation 97 Genius Elevations | Winter Springs Clearview 24’-0” x 86’-0” 2,119 SF Craftsman 1A Elevation 98 Genius Elevations | Winter Springs Clearview 24’-0” x 86’-0” 2,119 SF Low Country 2A Elevation 99 Genius Elevations | Winter Springs 20’ Rear Load Townhomes Foxtail Unit 20’-0” x 83’-0” 1,652 SF Trailwood Unit 20’-0” x 85’-0” 1,861 SF 100 Genius Elevations | Winter Springs 20’ Rear Load Townhomes Foxtail Unit 20’-0” x 83’-0” 1,652 SF Trailwood Unit 20’-0” x 85’-0” 1,861 SF 101 Genius Elevations | Winter Springs 20’ Rear Load Townhomes Foxtail Unit 20’-0” x 83’-0” 1,652 SF Trailwood Unit 20’-0” x 85’-0” 1,861 SF Elevation A 102 Genius Elevations | Winter Springs 20’ Rear Load Townhomes Foxtail Unit 20’-0” x 83’-0” 1,652 SF Trailwood Unit 20’-0” x 85’-0” 1,861 SF Elevation B 103 Genius Elevations | Winter Springs 20’ Rear Load Townhomes Foxtail Unit 20’-0” x 83’-0” 1,652 SF Trailwood Unit 20’-0” x 85’-0” 1,861 SF Elevation C 104 REGULAR AGENDA ITEM 501 CITY COMMISSION AGENDA | MAY 10, 2021 REGULAR MEETING TITLE Economic Development Proposals SUMMARY The held the “Winter Springs: 2030 and Beyond,” an interactive open house workshop to discuss priorities, opportunities, and needs within the City. One item that was discussed during the workshop was an economic development plan. With the current economic situation since the pandemic of Covid-19 (2020), City staff began to explore economic development proposals from known organizations with such subject matter expertise. City staff is now presenting three economic development proposals to the City Commission. The Economic Development Plan Proposals are from the following organizations; East Central Florida Regional Planning Council (ECFRP) Gibbs Planning Group Kimley-Horn RECOMMENDATION City Staff is requesting discussion on the Economic Development Proposals as presented. 105 City of Winter Springs Retail Market Analysis 2021 East Central Florida Regional Planning Council 455 N. Garland Avenue, Suite 414 Orlando FL 32801 407-245-0300 106 City of St. Cloud Medical Arts District Zoning Overlay Luis Nieves-Ruiz, AICP, Economic Development Program Manager Originally from Puerto Rico, Mr. Nieves-Ruiz holds a Master’s Degree in Regional Planning from Cornell University, and is a member of the American Institute of Certified Planners. With over 15 years of experience leading planning and economic analysis projects, Luis has developed professional expertise in economic modeling, industry cluster analysis, planning research methods, and food systems planning. He currently coordinates all projects and activities of the East Central Florida EDD including the implementation of the region’s Community Economic Development Strategy (CEDS). Luis has also developed economic studies for City of Cocoa, the International Drive Resort Area, the North Brevard Economic Development Zone, the City of Oakhill, and the Historic Goldsboro community in Sanford, among others. His professional and volunteer work has been recognized by Big Brothers Big Sisters of Central Florida, the Wallace Center at Winrock International, the National Association of Development Organizations, the Urban Land Institute, Toastmasters International, Next City, and Leadership Florida. Matt Siebert Planner I Mr. Siebert has a Bachelor’s Degree in Political Science from the University of Central Florida. He currently assists with the implementation of the CEDS and the development of special projects . Project References: International Drive Economic Impact Analysis Luann Brooks, Executive Director I-Drive Business Improvement District 7081 Grand National Drive, Suite 105 Orlando, FL 32819 Phone: 407-248-9590 E-mail: LBrooks@IDriveDistrict.com Kissimmee Medical Arts District Strategic Plan Belinda O. Kirkegard, MPA, Economic Development Director City of Kissimmee Kissimmee City Hall 101 Church Street Kissimmee, Florida 34741 Phone: (407) 518-2307 E-mail: BKIRKEGARD@kissimmee.org The Economic Impact of the Kissimmee Park Road Turnpike Interchange Laura Gambino, MPA CecD Phone: 561-315-6595 E-mail: lcgambino27@gmail.com SUMMARY OF QUALIFICATIONS 107 Serving Brevard, Lake, Marion, Orange, Osceola, Seminole, Sumter, and Volusia Counties March 22, 2021 Via Email Christopher Schmidt, MPA, CPM Community Development Director City of Winter Springs Subject: City of Winter Springs Retail Market Analysis Dear Mr. Schmidt: As previously accorded, I am submitting the ECFRPC’s proposal for the development of the City of Winter Springs Retail Market Analysis. As envisioned, the project will include three parts: a Retail Market Analysis, a Retail Gap Analysis, and a Recommendations report. For the Market Analysis, the ECFRPC will work with City Staff to designate a market study area. The ECFRPC will provide an overview of characteristics of this area including number and type of retail uses, retail square footage, and demographics. This analysis will help the ECFRPC understand the current supply of retails uses. For the Retail Gap Analysis, the ECFRPC will use the best available consumer data to identify retail opportunities for the City of Winter Springs. This analysis will help the ECFRPC estimate the unmet demand for retail uses. Using the information from the two previous analyses, the ECFRPC will then develop the final report that recommends specific uses that City officials could pursue to locate within Winter Springs. The detailed project scope of work/budget and a summary of qualifications are attached here for your review. The total cost of this project is $30,000. It will take ECFRPC staff approximately 450 hours or nine months to complete this project. This time-frame includes the development of the deliverable drafts, review and draft edits based on City comments, and the development of the final documents. I look forward to discussing this proposal with you at a suitable time. If you have any questions, please contact me at 407-245-0300 x 308 or via e-mail at luis@ecfrpc.org. Sincerely, Luis Nieves-Ruiz, AICP Economic Development Program Manager East Central Florida Regional Planning Council 455 N. Garland Avenue, Orlando, FL 32801 Hugh W. Harling, Jr. P.E. Phone 407.245.0300 • Fax 407.245.0285 • www.ecfrpc.org Executive Director 108 Project Components Major Tasks Output/Deliverable Final Document Delivery Date Total Cost Retail Market Analysis Use ArcGIS software and City officials input to designate one trade study area. Use data from the US Census Bureau, the Seminole County Property Appraiser, and Infogroup to provide the major characteristics of the trade study area including, but not limited to, the following: total population, number of households, household income, properties with existing office and retail land uses, number of retail businesses by type. A draft report that details the methodology and major findings of the project. Draft due third month after start of the project; final due 4 weeks after receipt of city comments. $14,000 Retail Gap Analysis Use consumer and psychographic market data to estimate consumer demand within the trade study area for different retail categories. Identify the differences between demand and supply based on this and the previous analysis. The total cost includes the purchase of consumer data. A draft report that discusses the study's methodology and major findings of the project. Draft due fifth months after the stat of the project ; final due 4 weeks after receipt of city comments. $13,000 Final Recommendations Report Use information from the two previous deliverables to develop recommendations for the City of Winter Springs. A draft report that details the methodology and major findings of the project. This part of the report will include a series of maps and tables that explain the data sources and assumptions used by the ECFRPC in more detail. Draft due eight months after start of the project; final due 4 weeks after receipt of city comments. $3,000 TOTAL PROJECT COST $30,000 City of Winter Springs Retail Market Analysis 109 649 Fifth Avenue Naples, FL 34102 240 Martin Street Birmingham, MI 48009 Tel. 248.642.4800 30 April 2021 Christopher Schmidt Economic and Community Development Director City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Dear Mr. Schmidt: On behalf of Gibbs Planning Group and The CC Consulting Group (collectively “GPG”), I am pleased to respond to your request to provide retail consulting services for a market-based retail market analysis and retail development strategy for the City of Winter Springs. GPG’s expertise allows us to formulate and refine a proven and focused approach to accomplish the market research. GPG is dedicated to providing practical, actionable results, which reflect economic development realities and not just theoretical research. The GPG team has a broad range of both private and public sector experience across North America. Public urban retail consulting clients include Alexandria, Charleston, Delray Beach, Houston, Longwood, Miami, Naples, Ocala, Palm Beach, Portland, Sarasota and Seattle. GPG’s private sector clients include EDS, Florida Hospital, Rosemary Beach, The St. Joe Company, The Taubman Company, Simon Property Group and the Walt Disney Company. GPG has completed detailed retail market analysis and advisory services for hundreds of cities across the U.S. including Naples, FL and Charleston, SC. Please find below GPG’s proposed scope of services based upon our understanding of the City’s objectives: Task 1: Retail Market Assessment ($25,000) The existing conditions assessment shall include the following: 1. Kick-off video lecture and retail video workshop highlighting best practices in retail – mixed-use placemaking 2. Perform a summary competitive analysis of key existing marketplaces, shopping centers and other nearby retail concentrations, to better understand Winter Springs’ position relative to neighboring communities 3. Retail – restaurant market gap/opportunity analysis, including a summary table and summary graphs, showing surpluses and/or leakages for the 52 retail sectors. Estimate buying power and retail supply and demand by: a. Retail scale (regional, community and neighborhood) b. Type (grocery, restaurant, apparel, etc.) c. Provide the population, demographic and consumer lifestyle segment (psychographic) characteristics for the City, as well as for existing and potential retail trade areas (starting in 2021 with projections through 2026) and identify changing demographics that will impact selected strategies. 4. Identify naturally emerging or potential retail nodes or clusters within the City and describe their existing conditions and characteristics (provide graphic/map to convey). 110 Winter Springs, Florida Retail Analysis Proposal Gibbs Planning Group, Inc. 30 April 2021 5. GPG will define a primary and secondary trade area that would serve the retail in the City of Winter Springs based on geographic and topographic considerations, traffic access/flow in the area, relative retail strengths and weaknesses of the competition, concentrations of daytime employment and the retail gravitation in the market, as well as our experience defining trade areas for similar markets. 7. Conduct telephone interviews with up to 20 representatives of local stakeholders and commercial real estate companies to talk about Winter Springs’ strengths and weaknesses as a market, and what barriers exist to attracting better retail. The list of representatives shall be selected by the City and/or GPG 8. Summary of stakeholder interviews or other data collection that may have occurred based upon your particular methodology. 9. As a part of this task, GPG shall complete 2 updates to its retail market analysis demand tables within 18 months following the completion of its first report, as outlined above. Task 1 Deliverables • An illustrated 30-40 page written report including all the required information for Task 1 described above in PDF and Word, to be submitted in draft format for staff review and revised before final approval. • Provide all data collected as defined in the Scope of Work in an electronic format that can be updated periodically and used for/integrated in future analysis (Excel or Word software). • As a part of this task, GPG shall conduct 2 full days of on-site analysis and consulting in Winter Springs as mutually agreed. • Complete 2 updates to the market analysis demand charts for 18 months following the initial report. GPG has provided master planning and strategic commercial real estate advisory services for numerous leading developers and institutions around the globe including the Village of Rochester, MI (above left) and the Disney Companies. Task 2: Community Retail Vision - Public Workshop ($2,000) GPG shall lead up to two (2) video-conference public workshops in which the information collected as part of Task 1 shall be presented to the community and the City Commission. City staff shall set the date and meeting time, advertise the meeting on the City website, in utility bills and by any other method deemed appropriate by the City. Task 2 Deliverables • Provide all data collected as defined in the Scope of Work in an electronic format that can be updated periodically and used for/integrated in future analysis (compatible with Excel or Microsoft Office software as appropriate). • This task does not include on-site analysis or presentations by GPG in Winter Springs. Task 3: Identification of Target Retailers and Site Development Analysis ($12,000) This task will build off the data collected in Task 1 and 2 and include the following: 1. Analyze and develop a list of supportable businesses by category, based on all of the fundamental market data and competitive analysis conducted to this point. 2. Categorize each target retailer as either new to market, expansion within the metro area, or expansion in Winter Springs. 111 Winter Springs, Florida Retail Analysis Proposal Gibbs Planning Group, Inc. 30 April 2021 Task 3 (Cont.): 3. Retailers and restaurants listed shall be selected after an evaluation of the consistency of all relevant factors including: a. Compatibility with the findings of the Existing Conditions Analysis, particularly the demographic and psychographic findings from Task 1 b. Compatibility with the community vision as determined in Task 2 4. Identify key retail opportunity areas and sites to be prioritized by their potential to attract opportunity-filling retailers that are consistent with the criteria above. The City will provide a list of available properties, vacant land and development opportunities. In addition, GPG shall draw on its background and experience to evaluate the whole City to identify unique and creative opportunities for development. 5. Land Use/Development Analysis of up to ten (10) sites mutually selected by the City and GPG as the most attractive for development and evaluated for their highest and best use. The recommendations should be accomplished in the context of economic and site conditions, the vision of the community and its stakeholders and the optimal financial impact. Site criterion includes: • The suitability for developments that provide a mix of uses, public gathering spaces, outdoor dining and other place-making type features • Market Conditions (as estimated by the GPG in Task 1) • Retail Trade Area Population (As estimated by GPG) • Traffic Count Summary (As collected by Seminole County and provided to GPG by the City) • Site-line Visibility (primary and secondary arterial roads) • Proximity to "Anchor" Retailers/Retail Clusters • Workplace Population • Residential Support Task 3 Deliverables • A report including all the required information for Task 3 described above in PDF and Word, to be submitted in draft format for staff review and revised before final approval. • Provide all data collected as defined in the Scope of Work in an electronic format that can be updated periodically and used for/integrated in future analysis (compatible with Excel and Microsoft Office software as appropriate). Task 4: Retail Strategy ($5,000) Task 4 consists of the development of best practices strategies that may assist in the attraction the targeted retailers and real estate developers to meet the goals of the community as defined by the City: 1. The identification of any niche markets that the City of Winter Springs should pursue. 2. Prepare a market barriers analysis to identify potential issues that may inhibit an enhanced retail environment. Referencing this analysis and the existing conditions analysis, recommend strategies to overcome existing barriers and (if applicable) planning-policy challenges to be addressed by the City. 3. Highlight the City’s market assets that should be capitalized to improve the overall retail environment. Task 4 Deliverables • A summary report outlining the Task 4 findings and recommendations PDF and Word, to be submitted in draft format for staff review and revised before final approval. • Provide all data collected as defined in the Scope of Work in an electronic format that can be updated periodically and used for/integrated in future analysis (compatible with Excel and/or Word. Task 5: Wrap-Up Public Workshop ($1,000) 1. The consultant shall present at a second video-conference public workshop (which will be advertised and organized by City staff) in which the consultant will describe the entirety of the findings of the retail study, with particular attention paid to those findings in Task 3-4 following the initial public meeting. 2. The consultant shall prepare a PowerPoint and other materials to be presented at this second public workshop that summarizes the information collected in the retail study. 112 Winter Springs, Florida Retail Analysis Proposal Gibbs Planning Group, Inc. 30 April 2021 Task 5 (Cont.) 3. The consultant shall describe the findings and methodology of the study to the Commission and the Public, seek input on the findings and incorporate those findings into the final report as deemed appropriate. 4. Revise the PowerPoint presented at this workshop in such a manner that it can be used by City staff to present the findings of the report to targeted businesses and developers. Task 5 Deliverables • A PowerPoint presentation for the purpose of marketing Winter Springs that the City can use to share the findings of this study with targeted businesses and developers. • Provide all data collected as defined in the Scope of Work in an electronic format that can be updated periodically and used for/integrated in future analysis (compatible with Excel and/or Microsoft Office software as appropriate). Professional Fees: GPG’s proposed fee for the above consulting services Tasks 1-5 is $45,000 (Forty-Five Thousand Dollars) including all expenses. Schedule All services shall be completed within 120 days of authorization or as mutually agreed. Additionally, GPG shall prepare two updates to our market analysis to gage the post-pandemic economy during the following 2 years, or as mutually agreed. Study Area The study area shall be the downtown City of Winter Springs and other areas as mutually agreed. Limits of Scope of Services: The services described in this agreement are for qualitative retail and planning analysis only and should not be used as the sole basis of development, financing or leasing. Actual site, building, parking, utility, environmental, engineering and architectural services, cost projections, real estate leasing, brokerage services and construction documents are not included within the scope of work of this proposal and are to be completed by others. Thank you for the opportunity to submit this proposal and we are looking forward to working with you and the Winter Springs community in the near future. Sincerely, GIBBS PLANNING GROUP, INC. Robert J. Gibbs, FASLA, AICP President rgibbs@gibbsplanning.com 113 Winter Springs, Florida Retail Analysis Proposal Gibbs Planning Group, Inc. 30 April 2021 Gibbs Planning Group References Bethlehem, Pennsylvania Amy Burkhart Director of Economic Development City of Bethlehem 10 East Church Street Bethlehem, PA 18018-6025 (610) 997-7630 aburkhart@bethlehem-pa.gov Delray Beach, Florida Laura Simon, Executive Director Delray Beach DDA 85 SE 4th Ave, Suite 100 Del Ray, FL 33483 561 573-3672 lsimon@downtowndelraybeach.com Hartland, Michigan Troy Langer, Planning Director Hartland Township 2655 Clark Road Hartland, Michigan 48353 (810) 632-7498 TLanger@hartlandtwp.com Kalamazoo, Michigan Andrew Haan, President Downtown Kalamazoo Incorporated 162 E. Michigan Avenue Kalamazoo, Michigan 49007 (269) 344-0795 ahaan@dki.org Naples, Florida Bruce Barone, Executive Director Fifth Avenue South DDA 649 5th Avenue South Naples, Florida 34102 (239) 777-1822 bruce@fifthavenuesouth.com 114 kimley-horn.com 189 South Orange Avenue, Suite 1000; Orlando, FL 32801 407-898-1511 April 12, 2021 Ms. Marla Molina Senior City Planner City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 RE: Retail Market Analysis, Winter Springs, FL Marla: Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) is pleased to submit this letter agreement (the “Agreement”) to the City of Winter Springs, Florida (“Client”) to prepare a community- wide retail market analysis (“Project”). The Project Understanding, Scope of Services, and Fee Estimate are provided below. PROJECT UNDERSTANDING The City of Winter Springs, located approximately 25 minutes north of Orlando, has a growing economy, a professional workforce, and compelling quality of life offerings. The City is well positioned for future investment given its location in central Florida with easy access to major regional job centers, a competitive school system, and nationally recognized parks and greenways. The Client is seeking this retail market analysis to highlight existing inventory, identify the unique attributes of the area that are attractive to retailers, and explore future demand potential. SCOPE OF SERVICES TASK 1. PROJECT KICK-OFF AND STAKEHOLDER ENGAGEMENT Kimley-Horn will attend a one-half day kick-off meeting with the client at the beginning of the project. The kick-off will have two primary components: (1) a face-to-face or virtual meeting to discuss the Winter Springs community, recent planning initiatives, economic anchors in the area, and future development plans that could impact spending potential in the area; and (2) a tour of the community. As part of our kick-off task, we will conduct up to five small group interviews with local real estate and economic development professionals to gain insight into market conditions. TASK 2. PUBLIC WORKSHOPS Although COVID-19 has impacted our ability to be face-to-face with large groups, we can still appropriately engage the community to provide meaningful input during this process. We envision a mixture of in-person and virtual meeting options. During these uncertain times, we have approached engagement using the following mantras. 115 Page 2 kimley-horn.com 189 South Orange Avenue, Suite 1000; Orlando, FL 32801 407-898-1511 Be flexible during uncertain times. Community engagement today requires flexibility in how we respond to changing factors outside of our control. This flexibility may require us to shift face-to- face meetings to virtual platforms or think creatively about how to advance technical tasks ahead of planned engagement activities. Leverage other processes. Breakthroughs in public engagement often require a debrief of past efforts to identify what has worked and what simply isn’t getting the job done. It also requires close coordination with other ongoing plans and studies. We call this an “Engagement Diagnostic.” Our team will review and reflect on how resources in past and concurrent engagement efforts shed light on goals and expectations. Communicate clearly. True understanding outperforms superficial buy-in. That’s why it is critical to offer insight within complex planning and economic development issues. Our engagement process helps stakeholders make informed decisions, while promoting productive dialogue among internal and external audiences. A coordinated approach to project communication allows us to express the study in a way that empowers participants and encourages community-wide support. Invite genuine participation. When it comes to economic development and planning, it is easy to suggest that citizens should have their say. The challenge is getting broad representation and deciding what to do with everyone’s ideas. Kimley-Horn specifically attracts participation from a diverse cross-section of citizens and stakeholders, including those typically not involved in planning efforts. By launching a robust outreach and communications campaign, involvement in the process is a real choice to be excited about. The creation of the Winter Springs Retail Market Analysis will be a public-driven process. Engagement is expected to occur throughout the process to inform the public and gather feedback. Up to two in-person community workshops will be hosted to present the findings to the community and garner feedback and support. Feedback collected during this meeting will be incorporated into the final Retail Market Analysis. TASK 3. REGIONAL BEST PRACTICES AND COMPARABLES Kimley-Horn will work with the Client to identify and profile four appropriately sized comparable communities in the Southeast, focusing on areas that were able to attract new investment through growth or policy measures. As available, we will provide the size, scale, history and geographic positioning of the area, a description of the mix of uses, vacancy rates, rents, and public/private infrastructure funding mechanisms. Best practices related to each comparable will be summarized with photos and other visuals included, as available. Given the accessibility to the Florida/Cross Seminole trail corridor, the potential for trail-oriented development will also be investigated. TASK 4. TRENDS IN RETAIL Macro-Level Trends. Kimley-Horn will describe macro-level, national shifts in retail that are likely affecting development trends locally in Winter Springs. These shifts will include product types that are in high-demand, as well as those that are currently struggling to gain traction or have experienced significant closures, and the impact of COVID-19 and online shopping on brick and mortar retailers. 116 Page 3 kimley-horn.com 189 South Orange Avenue, Suite 1000; Orlando, FL 32801 407-898-1511 Local Trends. Based on third-party data sources, Kimley-Horn will analyze multi-tenant retail trends for Winter Springs and the larger Orlando market area, including construction, net absorption, vacancy rates, and rents. TASK 5. TRADE AREA DEFINITION Kimley-Horn will work with the Client to determine a trade area for Winter Springs. The trade area, which will be shown on a map, will be based on drive times, and natural and man-made barriers. TASK 6. COMPETITIVE RETAIL FRAMEWORK Kimley-Horn will conduct research to establish a competitive retail framework for the trade area defined in Task 4. This framework will include an inventory of existing shopping centers, inline spaces, and outparcels by tenant type, as well as vacancy and quoted rents within the trade area. Available outparcels currently being marketed for sale or lease will be identified. The framework will be used to discuss the restaurant and retail categories that may be opportunities for the Client to pursue for Winter Springs. TASK 7. TRADE AREA DEMOGRPAHICS AND JOBS Population. Kimley -Horn will analyze population trends by age for the trade area and compare that performance to the Orlando-Kissimmee-Sanford, FL MSA from 2010 to 2020. Ten-year forecasts for the trade area will also be provided based on a review of third-party sources, as well an inventory of the residential development pipeline. Households. Kimley-Horn will analyze household trends by size, income and tenure for the trade area, and compare that performance to the Orlando-Kissimmee-Sanford, FL MSA from 2010 to 2020. Ten-year household forecasts will also be provided. Tapestry Segmentation. Kimley -Horn will supplement the demographic data with an analysis of the trade area’s Tapestry segmentation from ESRI, which divides households into 67 groups based on consumer spending patterns and lifestyle attributes. This type of analysis provides insight into the purchasing preferences, and is being used increasingly by developers, builders, and retail tenants in the site selection and due diligence process. Jobs. Kimley-Horn will estimate the current number of jobs by type in the trade area. These jobs would provide daytime spending potential for retailers in the study area. The number of jobs in in the trade area will be forecasted through 2030. TASK 8. DEVELOPMENT ACTIVITY Kimley-Horn will obtain information on retail projects that are under construction or planned in the trade area. Planned projects are defined as having approved entitlement or an active rezoning/site planning application. As available, Kimley-Horn will provide the developer, total square feet, pre- leasing activity, timing, and quoted rent. These developments will be shown on a map. 117 Page 4 kimley-horn.com 189 South Orange Avenue, Suite 1000; Orlando, FL 32801 407-898-1511 TASK 9. STRENGTHS AND WEAKNESSES IDENTIFICATION Quantitative data analyzed as part of the Retail Market Analysis will be incorporated into a summary of strengths, weaknesses, opportunities, and threats (SWOT) for the City of Winter Springs. TASK 10. EXPENDITURE POTENTIAL AND STUDY AREA DEMAND Kimley-Horn will use sales data from the State of Florida to identify potential supply gaps for the trade area by store type or category. Current and ten-year forecasts for expenditure potential and supportable square footage will be determined by category, based on household and income growth. A site capture will be applied for Winter Springs for the current and 2030 trade area demand by category. The capture will be based on the study area’s access and visibility, and the existing and future competitive framework. Catalytic development nodes in Winter Springs will be identified as places that are well suited to capture retail demand within the community. Based on the demand indicated by retail category, as well as a review of the existing framework, candidate tenants and chains will be identified. TASK 11. SCENARIOS OF GROWTH AND THE AFFECT ON RETAIL Based on feedback from the Client, Kimley-Horn will create two additional household growth scenarios that consider changes to policy to increase allowable densities within the Trade Area. The scenario analysis will help to demonstrate the direct relationship between household growth and the attraction of retail to an area. Although every retailer has their own targets, Kimley-Horn will support this exercise by using national research to provide a high-level overview of standard household densities, incomes, and proximities that are attractive to support development of new stores. TASK 12. DELIVERABLE AND MEETING Kimley-Horn will prepare a draft report according to the Scope of Services outlined above and participate in a conference call to review our findings and recommendations. A final report will be based on receipt of two sets of changes to the draft. We will also participate in up to two meetings with the Client to review the results of the analysis, including presentations to local leadership. SCHEDULE We will provide our services as expeditiously as practicable with the goal of meeting the following schedule:  Draft report delivered within 90 days of receipt of a signed copy of this contract  Final report delivered within 5 working days of receipt of one set of changes to the draft report FEE AND BILLING Kimley-Horn will perform the services in Tasks 1 – 12 for the total lump sum fee of $48,500, inclusive of travel and data expenses. Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. 118 REGULAR AGENDA ITEM 502 CITY COMMISSION AGENDA | MAY 10, 2021 REGULAR MEETING TITLE Resolution 2021-04 to Establish An Auditor Selection Committee SUMMARY The auditor selection law requires the governing body of a municipality establish an auditor selection committee. The primary purpose of the auditor selection committee is to assist the governing body in selecting an auditor to conduct the City's annual financial statement audit. The State of Florida Auditor General released the Auditor Selection and Auditor Selection Committee Guidance – effective for audits for fiscal years ended September 30, 2020 and thereafter (see attached). Section 218.391, Florida Statutes, the auditor selection law, establishes required procedures for the selection of auditors to perform the financial audits. These procedures help ensure selection of a qualified auditor and satisfactory audit effort. The new guidance no longer allows staff to establish or participate as members of the auditor selection committee. The guidance now requires the governing body establish by resolution or otherwise the auditor selection committee, and the committee must be made up of at least three members. One member must be from the governing body and act as the committee chair. Staff may serve as technical advisors to the auditor selection committee. RECOMMENDATION Staff requests the Commission pass Resolution 2021-04 to establish an auditor selection committee. The auditor selection committee is a three person committee comprised of a member of the commission to chair the committee, and two other qualified persons (selected by the City Manager). 119 City of Winter Springs Resolution No. 2021-___ Page1of7 RESOLUTION NO. 2021-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTABLISHING AN AUDITOR SELECTION COMMITTEE PURSUANT TO SECTION 218.391, FLORIDA STATUTES; PROVIDING FOR THE AUDITOR SELECTION COMMITTEE=S SCOPE OF DUTIES; PROVIDING FOR AUDITOR SELECTION PROCEDURES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, section 218.391(2), Florida Statutes, requires that the City Commission establish an Auditor Selection Committee for the primary purpose of assisting the City Commission in selecting an auditor to conduct the annual financial audit required by section 218.39, Florida Statutes; and WHEREAS, section 218.391(3), Florida Statutes, requires the Auditor Selection Committee to establish factors to use for the evaluation of audit services, to publicly announce requests for proposals, to provide interested firms with requests for proposals, to evaluate proposals provided by qualified firms, and to rank and recommend to the City Commission, in order of preference, no fewer than three (3) firms deemed to be the most highly qualified to perform the required services; and WHEREAS, the City Commission deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEIMINOLE COUNTY, FLORIDA, THAT: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by reference. Section 2. Committee Established. The City Commission hereby establishes an Auditor Selection Committee (ACommittee@) which shall consist of three (3) members. Committee members shall include one member of the City Commission and two other qualified persons selected by the City Manager. City employees shall not serve on the Committee. Members of the Committee should possess or obtain basic understanding of governmental financial reporting and auditing. The City Commissioner appointed shall serve as the chair of the Committee. 120 City of Winter Springs Resolution No. 2021-___ Page2of7 Section 3. Scope of Duties. The Committee shall serve in an advisory capacity to the City Commission in selecting an auditor to conduct the annual financial audit required by section 218.39, Florida Statutes, and shall serve no other purposes. Specifically, the Committee shall establish factors to use for the evaluation of audit services, publicly announce requests for proposals, provide interested firms with requests for proposals, evaluate proposals provided by qualified firms and such other responsibilities expressly provided under Section 218.391, Florida Statutes. The Committee shall rank and recommend to the City Commission, in order of preference, no fewer than three (3) firms deemed to be the most highly qualified to perform the required services. However, if fewer than three firms respond to the request for proposal, the Committee shall recommend such firms as it deems to be the most highly qualified. The Committee shall not have the authority to expend City funds. Committee members shall not receive compensation for their service on the Committee, but may receive reimbursement for expenses incurred in performing their duties, provided such expenses are approved in advance by the City Commission or City Manager. All meetings of the Committee shall be open to the public in accordance with the Sunshine Law. Section 4. Auditor Selection Procedures. The following requirements and procedures shall be followed by the Committee: A. Guidance. The Committee shall be guided by the City Manager and Finance Director and designees who shall serve as the Committee’s technical advisors. In addition, to the extent applicable and consistent with this Resolution, the Committee, when performing the responsibilities required hereunder, shall be guided by the Guidance Manual published by the State of Florida Auditor General, a copy of which is attached hereto for reference purposes. B. Request for Proposal (ARFP@). The Committee, with the assistance of its technical advisors, shall prepare a Request for Proposal, which shall be guided by the GFOA Handbook including the list of 24 information elements that should be considered in designing an RFP for audit services. (See Page 8 of the Florida Auditor General Manual). At such time the RFP is approved by the Committee, the Committee shall then publicly announce, in a uniform and consistent manner, each occasion when independent auditing services are required to be purchased by the City. The public notice shall be published in a newspaper of general circulation in Seminole County, public procurement sites and such other places approved by the City Manager or his designee to solicit a sufficient number of qualified audit firms. The notice shall include a general description of the audit services required and indicate how interested firms can apply for consideration. The Committee shall provide RFP=s to firms that have expressed an interest in providing audit services to the City including providing information on how proposals are to be evaluated and such other information the Committee determines is necessary for the firm to prepare a proposal. 121 City of Winter Springs Resolution No. 2021-___ Page3of7 C. Factors. The Committee shall establish factors to use for the evaluation of audit services to be provided by a certified public accounting firm duly licensed under Chapter 473, Florida Statutes and qualified to conduct audits in accordance with government auditing standards as adopted by the Florida Board of Accountancy. Such factors shall include, but not be limited to, ability of personnel, experience, ability to furnish the required services, and such other factors as may be determined by the Committee to be applicable to its particular requirements. D. Proposal Evaluation. 1. Proposals will initially be reviewed by City staff for compliance with bid proposal requirements. Staff will prepare a checklist to reflect proposal compliance with the elements of the RFP. Staff will submit all proposals and the compliance checklist to the Committee, and will provide information as to which proposals it deems responsive and non-responsive. 2. The Committee shall evaluate proposals submitted by qualified firms. If compensation is one of the factors established by the Committee, compensation shall not be the sole or predominant factor used to evaluate the proposals. When establishing the factors, the Committee is encouraged to consider the following requirements and criteria: a. The audit firm shall not otherwise be currently affiliated with the City. Past services to the City shall not be considered an affiliation. b. The audit firm shall be duly licensed to practice in the State of Florida pursuant to chapter 473, Florida Statutes. c. The audit firm's professional personnel shall be current in all continuing professional education credits for the two (2) years preceding the proposed contract effective date. d. Any other audits being performed by the audit firm shall not create a conflict of interest with respect to the firm=s audit of the City. e. The audit firm shall have a history of performing quality audits as demonstrated by recent external quality control reviews. f. The audit firm shall adhere to the instructions in the RFP in preparing and submitting the proposal. 122 City of Winter Springs Resolution No. 2021-___ Page4of7 g. The audit firm shall demonstrate its past experience and performance with the City, if applicable, and other comparable government engagements. h. The audit firm shall demonstrate the quality and competency of its professional personnel to be assigned to the engagement, and the quality of its management support personnel available for technical consultation. i. The audit firm shall demonstrate its ability to furnish the required services to the City based upon its recent, current and projected workload. j. The audit firm shall demonstrate experience with applicable state and federal grant programs. k. The audit firm shall demonstrate the adequacy of its proposed staffing for various segments of the engagement. l. The audit firm shall demonstrate the adequacy of its analytical procedures to be used in the engagement. m. The compensation proposed by the audit firm for its audit services. However, if considered, such fees will not be the sole or predominant factor used to evaluate proposals. n. Any other recommendations provided by the Florida Auditor General (See Pages 6 and 7 of the attached Manual). E. Oral Presentations (optional). After evaluation of the written proposals, the Committee at its discretion decide to interview a list of three (3) audit firms which it determines to be the best qualified to perform the requested audit services. Each of those firms shall be invited to make an oral presentation of the firm's qualifications to the Committee. F. Audit Firm Ranking and Recommendation After evaluating the written proposals submitted under the RFP, and conducting any oral presentations required by the Committee under subsection E, the Committee shall rank and recommend in order of preference based on the established evaluation factors no fewer than three firms deemed to be the most highly qualified to perform the required services after considering the factors established pursuant to this Resolution. If fewer than three firms respond to the RFP, the Committee shall recommend such firms as it deems to be the most highly qualified. The Committee 123 City of Winter Springs Resolution No. 2021-___ Page5of7 shall submit, in writing, its rankings and recommendation to the City Commission. G. Final Selection and Contract Approval. The City Commission shall inquire of qualified firms as to the basis of compensation, if further inquiry is necessary beyond the proposed compensation stated in any submittal, select one of the firms recommended by the Committee, and negotiate through the City Manager a written contract using one of the methods set forth in Section 218.391(4), Florida Statutes. If the City Commission is unable to negotiate a satisfactory contract with any of the recommended firms, the Committee shall recommend additional firms, and negotiations shall continue in accordance with this procedure until an agreement for auditing services is reached. H. The procurement of audit services under this Resolution shall be evidenced by a written contract, as approved by the City Commission, embodying all provisions and conditions of the procurement of such services. An engagement letter, signed and executed by both parties, shall constitute a written contract. At a minimum, the contract shall include the following: a. The services to be provided and the fees or other compensation for such services. b. A requirement that invoices for fees or other compensation be submitted in sufficient detail to demonstrate compliance with the terms of the contract. c. The term of the contract, including renewals, and conditions under which the contract may be terminated or renewed. d. The contract entered into pursuant to this Resolution may be renewed without the use of the auditor selection procedures set forth herein; however, such renewals shall be in writing and approved by the City Commission. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 6. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 7. Effective Date. This Resolution shall become effective immediately upon its adoption by the City Commission of Winter Springs, Florida. 124 City of Winter Springs Resolution No. 2021-___ Page6of7 [SIGNATURE PAGE FOLLOWS] 125 City of Winter Springs Resolution No. 2021-___ Page7of7 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a Regular Meeting duly assembled on the ___day of May 2021. ____________________________________ KEVIN MCCANN, Mayor ATTEST: ______________________________________ CHRISTIAN GOWAN, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs, Florida only: ________________________________________ ANTHONY A. GARGANESE, City Attorney 126 ST ATE OF FLORIDA AUDITOR GENERAL AUDITOR SELECTION AND AUDITOR SELECTION COMMITTEE GUIDANCE EFFECTIVE FOR AUDITS FOR FISCAL YEARS ENDED SEPTEMBER 30, 2020, AND THEREAFTER SEPTEMBER 2020 127 Table of Contents Auditor Selection Law . .. .. . . .. . . . . . . .. . ....... .. .. .. ......... ....... .............. ..... .. ... .... .. ......... ....... .... ...... 1 Auditor Selection Committee Composition and Size ...................................................... 1 Legal Requirements . . . . . . . . . . . . . . . .. . . . .. . . . .. . .. .. .. .. . . .. . . . . . . . .. . . . .. . .. . .. .. .. . .. . . . . . .. .. .. .. . . . . . . . . . .. .. . . . .. 1 Nonmandatory Guidance........................................................................................... 2 Small Government Considerations .. .. . .. ..... .. . . . .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. ... .. 3 Auditor Selection Committee Responsibilities................................................................. 3 Legal Requirements . . . . . .. . . . . . . . . .. . . .. ... . .. .. .. .. .. . . .. . . . . . .. .. .. . . . . . . . . .. .. . . . . . . .. .. .. .. . .. . .. .. .. . . .. .. .. . . . . 3 Nonmandatory Guidance . . . . . . . . . .. . . .. .. .. . . . . .. .. .. .. .. .... .. . ..... .. . . .. .. . . .. . . .. . . .. . . . . .. . . .. .... . . ... .... . . 3 • Establishment of the Auditor Selection Committee . .. .. .. . .. .. .. .. .. .. .. .. . .. . .. .. .. .. .. .. 3 • Auditor Selection Committee Responsibilities .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. . 4 • Communications with the Auditor Selection Committee ... .. .. .. .. .. .. ...... .... .... .. .. 6 Small Government Considerations .. . .. .. ................ ...... ....... ...... .. .. .... ...... ...... .............. 6 Audit Proposal Evaluation Factors ................................................................................... 6 Legal Requirements . . .. . . . . . .. . . .. . . .. . . .. .. . . .. .. .. . . . .. .. .. . . . . . . .. . . .. .. .. . . ... .. . .. . . .. . . . .. . . . .. .. . . . . .. . . .. .. .. 6 Nonmandatory Guidance . . . .. .. .. .. .. .. .. .. .. . . .. .. . ... .. .. .. .. . . .. .. .. ..... . . . .. ...... . ... .. .. .... ...... .... . .... 6 • Audit Firm Qualifications . .......... ......... .......... ........ .................... ...... ............... 6 • Technical Qualifications . . . . .. .. . . . . . . .. . . .. .. .. .. . .. . .. . . . . . . . .. . .. .. .. . .. . . .. . . . .. .. . . . . .. .. . . . . . . . .. .. 7 Use and Elements of Request for Proposal ............ ......................................................... 7 Legal Requirements. . . . . . . . .. . . . . . . . ... . .. . .. . . . . .. .. .. . . .. . ... .. .. . ..... . . ... . .. . . .. .. . . . . .. .. .. . .. . ... .. .. .. . . ..... 7 Nonmandatory Guidance ... .. .. ......... ... ..... .. .... . . .. ...... .. .... .. ............ .... .. .. . . .. .. . .. .... . . ... .. .. 7 • Public Announcement for Audit Services .. .. .. .. .. . .. .. .. .... .. .. .. .. .. .. .. . .. .. .. . .. .. .. .. .. .. 8 • Elements of the Request for Proposal............................................................... 8 Use and Elements of Audit Services Contract . ... .. .. .............. .... ............ ................ ..... ...... 14 Legal Requirements ................................................................................................. 14 Nonmandatory Guidance.......................................................................................... 14 • Engagement Letter............................................................................................ 14 • Required Contract Elements.......................................................................... 14 • Additional Contract Elements .. . .. .. .. .. .. .. .. .. . .. . .. .. .. . . .. .. .. .. .. . .. .. .. ... .. . .. .. .. .. .. .. .. .. .. 15 Appendices Appendix A-Auditor Selection Law (Section 218.391, Florida Statutes) .................. 17 Appendix B -Questions and Answers .. .. .. .. .. .. .. .... .. ...... .. .. .. .. .... . .. .. .. .. .. .. .. .. .. .. .. .... .. ... 19 Appendix C -Auditor Selection and Auditor Selection Committee Resources .. ... ...... 24 128 Auditor Selection Law Section 218.391, Florida Statutes, 1 the auditor selection law, establishes required procedures for the selection of auditors to perform the financial audits required by Section 218.39, Florida Statutes, for counties, municipalities, special districts, district school boards, charter schools, and charter career technical centers. These procedures help ensure selection of a qualified auditor and satisfactory audit effort. Section 218.391, Florida Statutes, is included as Appendix A to this document. The established auditor selection process requires a request for proposal (RFP) for the solicitation of the necessary audit services, and a selection and negotiation process in which fees cannot be the sole or predominant reason for selecting a particular audit firm. The auditor selection law requires that the governing body of each county, municipality, special district, district school board, charter school, and charter technical career center establish an auditor selection committee. Section 218.391 (2)(d), Florida Statutes, provides that while the primary purpose of the auditor selection committee is to assist the governing body in selecting an auditor to conduct the financial audit, the auditor selection committee may serve other audit oversight purposes as determined by the entity's governing body. The purpose of this document, which was initially prepared by an Auditor Selection Task Force2 established by the Auditor General, is to provide additional nonmandatory guidance regarding the auditor selection committee and the selection of auditors for performing the financial audit required by Section 218.39, Florida Statutes. Specifically, this document provides guidance in the following areas: • Composition of auditor selection committees. • Responsibilities of auditor selection committees. • Audit proposal evaluation factors. • Use and elements of an RFP for audit services. • Use and elements of audit services contracts. Additional auditor selection topics are included in Appendix B -Questions and Answers. A listing of resources used to prepare this guidance is included in Appendix C. This document includes numerous references to guidance from the Government Finance Officers Association (GFOA) for audit committees because such guidance is relevant to auditor selection committees assigned audit oversight responsibilities. Auditor Selection Committee Composition and Size Legal Requirements Section 218.391, Florida Statutes, provides that the auditor selection committee for a county must, at a minimum, include each of the county officers elected pursuant to the county charter or Article VIII, Section 1 (d) of the State Constitution, or their respective designees, and one member of the board of county commissioners or its designee. The auditor selection committee for a municipality, special district, district school board, charter school, or charter technical career center must consist of at least three 1 All statutory references in this guidance are to the 2019 Florida Statutes. 2 The Task Force included representatives of the Florida Association of Counties, Florida Association of Court Clerks and Controller, Florida Association of Public Purchasing Officers, Florida Association of Special Districts, Florida Government Finance Officers Association, Florida Institute of Certified Public Accountants, Florida League of Cities, and Florida School Finance Officers Association. Also included were representatives of the Auditor General's Office, the Legislative Auditing Committee, and the former Legislative Committee on Intergovernmental Relations. Page 1 129 members, one of which must be a member of the governing body and who must serve as the committee chair. No employee of the county, municipality, special district, district school board, charter school, or charter technical career center may serve as a member of the auditor selection committee; however, an employee of the county, municipality, special district, district school board, charter school, or charter technical career center may serve in an advisory capacity. Nonmandatorv Guidance The effectiveness of an auditor selection committee in performing its assigned duties is dependent on the qualifications and skills of its members and the relationship of the members to the governing body. GFOA Best Practices3 recommend the following regarding the composition of audit committees, which would also apply to auditor selection committees: • Ideally, all members of the committee should possess or obtain a basic understanding of governmental financial reporting and auditing. The audit committee also should have access to the services of at least one financial expert, either a committee member or an outside party engaged by the committee for this purpose. Such a financial expert should through both education and experience, and in a manner specifically relevant to the government sector, possess 1) an understanding of generally accepted accounting principles and financial statements; 2) experience in preparing or auditing financial statements of comparable entities; 3) experience in applying such principles in connection with the accounting for estimates, accruals, and reserves; 4) experience with internal controls; and 5) an understanding of audit committee functions. For governmental entities experiencing difficulty in acquiring financial expertise on the audit committee, alternative means of acquiring such expertise include, but are not limited to, obtaining assistance from another governmental entity's chief financial officer, engaging an independent financial professional, or providing a training program for audit committee members to develop the necessary financial knowledge. • To ensure the committee's independence and effectiveness, no governing body member who exercises managerial responsibilities that fall within the scope of the audit should serve as a member of the audit committee. GFOA Best Practices4 suggest that the actual audit committee membership be composed of the governing body or a subset of the governing body. Under this approach, it is likely that the entity will need to engage an outside party to obtain the needed experience in governmental financial reporting and auditing. The audit committee members should be provided an orientation on the duties and responsibilities of the committee, including such topics as objectives of internal control, accounting, auditing, and financial reporting to assist in making sound judgments. • An audit committee should have sufficient members for meaningful discussion and deliberation, but not so many as to impede its efficient operation. As a general rule, the minimum membership of the committee should be no fewer than three. Another factor that could affect the size of the audit committee, particularly in smaller communities, is the availability of individuals who possess both the skills desired of an audit committee member and the willingness to make the commitment to perform effectively as a member. It is important that the entity not compromise these factors, as well as independence considerations, in establishing the size of the audit committee. 3 GFOA's Best Practice: Audit Committees (October 2008). 4 GFOA's Best Practice: Audit Committees (October 2008). Page 2 130 • Members of the audit committee should be educated regarding both the role of the audit committee and their personal responsibility as members, including their duty to exercise an appropriate degree of professional skepticism. GFOA Best Practices5 suggest that audit committee members be provided training regarding the audit committee function. This is particularly critical where the committee members are governing body members who may not possess the needed experience in governmental financial reporting and auditing. At a minimum, such training might include making members familiar with this guidance and the publications referenced herein. Small Government Considerations Smaller entities may experience difficulty in obtaining the necessary experience in governmental financial reporting and auditing from a source that is independent from financial management of the entity. Qualified persons willing to provide such experience may simply not be available within the community. In such instances, the small entity might consider consulting with larger entities in the area to identify employees or consultants of those entities who might be willing to work with their auditor selection committee. A smaller entity may also opt to include members of the auditor selection committee of the larger entity on its auditor selection committee. Regardless of the method used to provide an auditor selection committee function, ultimate responsibility for the selection of the auditor rests with the governing body. Auditor Selection Committee Responsibilities IJfgar Requirements The primary purpose of the auditor selection committee, as contemplated in Section 218.391, Florida Statutes, is to assist in the selection of an auditor to conduct the financial audit required by Section 218.39, Florida Statutes. Section 218.391 (3), Florida Statutes, establishes the duties of the auditor selection committee to include: • Establishment of factors to be used for the evaluation of audit services to be provided by an audit firm. • Public announcement of an RFP. • Provision of interested firms with the RFP. • Evaluation of proposals provided by qualified firms. • Ranking and recommendation in order of preference of no fewer than three firms deemed to be the most highly qualified to perform the required services. If fewer than three firms respond to the RFP, the committee shall recommend such firms as it deems to be the most highly qualified. The auditor selection committee may also serve other audit oversight purposes as determined by the entity's governing body. Nonmandatorv Guidance • Establishment of the Auditor Selection Committee. GFOA Best Practices6 advise that the audit committee be formally established by charter, enabling resolution, or other appropriate legal means. Likewise, Florida local governmental entity auditor selection committees should be formally established by charter, ordinance, resolution, or written policies and procedures adopted by the governing body. In addition to addressing the composition of the auditor selection committee (see the previous section, Auditor Selection Committee Composition and Size), the formal means by which the auditor selection committee is established should define the 5 GFOA's Best Practice: Audit Committees (October 2008). 6 GFOA's Best Practice: Audit Committees (October 2008). Page 3 131 committee's responsibilities and prescribe committee member qualifications consistent with GFOA recommendations. GFOA Best Practices 7 recommend that the audit committee be established in such a manner that the auditors engaged to conduct the financial audit report directly to the audit committee. If the auditor selection committee is assigned oversight responsibilities with respect to the independent audit and the establishment of internal controls and adequate management processes, the GFOA's Best Practice: Audit Committees (October 2008) should be consulted for additional guidance. • Auditor Selection Committee Responsibllitles. GFOA Best Practices 8 indicale that an audit committee is a practical means for a governing body to provide much needed independent review and oversight of the government's financial reporting processes, internal controls, and independent auditors. GFOA Best Practices further indicate that, by effectively carrying out its functions and responsibilities, an audit committee helps to ensure that management properly develops and adheres to a sound system of internal controls, that procedures are in place to objectively assess management's practices, and that the independent auditors, through their own review, objectively assess the entity's financial reporting practices. The GFOA's publication, Governmental Accounting, Auditing, and Financial Reporting (2012), also known as the GFOA Blue Book, 9 indicates that governing bodies are responsible for ensuring that management fulfills its obligations in regard to internal control and financial reporting. The GFOA Blue Book10 also indicates that governing bodies typically establish audit committees for this purpose and audit committee responsibilities, in addition to audit oversight, include selecting the auditors. Accordingly, although State law assigns this Lask to the auditor selection committee, consideration should be given to using the auditor selection committee as an audit committee as contemplated by the GFOA. The GFOA Blue Book11 further indicates that: o The auditors should report directly to the audit committee. o The audit committee should have access to the reports of any internal auditors, as well as access to any annual internal audit work plans. o The audit committee should publish the results of its work in an annual written report to the governing body. Should the auditor selection committee be assigned audit oversight responsibilities that are in addition to the statutorily mandated auditor selection committee responsibilities (i.e., used as an audit committee as contemplated by the GFOA), consideration should be given to GFOA guidance regarding audit committee responsibilities. For example, the GFOA's Audit Management Handbook (GFOA Handbook) recommends that, in addition to auditor selection, the audit committee perform the following functions: o Monitoring the Audit • Monitoring Activity During the Audit. The GFOA Handbook12 indicates that concerns of interest to the audit committee during the audit would include whether the audit is progressing on schedule and whether potential problems are identified and immediately corrected, if appropriate. Potential problems might include difficulties in gathering information or contacting key personnel, discovery of instances or indications of fraud, 7 GFOA's Best Practice: Audit Committees (October 2008). 8 GFOA's Best Practice: Audit Committees (October 2008). 9 GFOA Blue Book, Chapter 44, page 761. 10 GFOA Blue Book, Chapter 44, pages 761 and 762. 11 GFOA Blue Book, Chapter 44, pages 762 through 764. 12 GFOA Handbook, Chapter 6, pages 87 and 88. Page4 132 waste, or abuse that require immediate attention, and circumstances that could result in a modified opinion. Monitoring can be accomplished through periodic progress reports or meetings. • Review of Final Audit Reports. The GFOA Handbook13 recommends that the audit committee review each of the auditor's reports to gain a thorough understanding of problems identified by the auditor to provide the background needed to address resolution of the problems. In view of the emphasis placed on management letters in Florida law and the Rules of the Auditor General, 14 an auditor selection committee assigned audit oversight responsibilities should review the management letters required to be submitted as a part of the audit report. For the committee to effectively review the results of the audit, the results must be communicated in a manner that assures a thorough understanding by the committee members. In lieu of relying solely on the delivery of a written audit report, this might be accomplished at a public meeting 15 in which committee members have an opportunity to ask questions of the auditors. This could be done either in addition to, or in conjunction with, a public meeting of the entity's governing body at which governing body members would also have an opportunity to question the auditors. If the findings are presented at a governing body meeting, consideration should be given to a meeting convened solely or predominantly for this purpose to assure that the findings are adequately communicated. o Audit Resolution The GFOA Handbook16 points out that while it is management's responsibility to implement corrective-action-related-to-audiLfindings,-the audit committee should be responsible for monitoring management's implementation. The GFOA Handbook suggests that governing bodies may want to require management to answer to the governing body for any failure to implement corrective action plans in a timely manner to the satisfaction of the audit committee. Specified entities are required by Auditor General Rule 10.558(1) to provide the Auditor General with responses to all audit findings included in their financial audit reports. The responses are required to include corrective action designed to prevent recurrence of any findings included in the audit report. o Auditor Evaluation The GFOA Handbook17 views auditor evaluation as the first step of the subsequent year's audit procurement or, if audit procurement is not scheduled for the subsequent year, a process for identifying and recommending needed improvements in the auditor's performance. The GFOA Handbook recommends that the audit committee meet with management to discuss matters pertaining to the auditor's performance including: ability to meet deadlines; compliance with other provisions of the audit contract; competence and cooperativeness of the audit staff; and thoroughness and reasonableness of audit adjustments, findings, and recommendations. In assessing the overall effectiveness of the audit, the auditor selection committee may determine a need for audit procedures that are in addition to the minimum procedures 13 GFOA Handbook, Chapter 6, pages 88 through 91. 14 All references in this guidance to Rules of the Auditor General rules are to Chapter 10.500, Rules of the Auditor General effective for fiscal years ending September 30, 2019, and thereafter. 15 Auditor selection committee meetings are subject to the Sunshine Law (Section 286.011, Florida Statutes) as discussed in question 11 of Appendix B -Questions and Answers. 16 GFOA Handbook, Chapter 6, page 92. 17 GFOA Handbook, Chapter 6, page 92. Page 5 133 necessary to issue an opinion on financial statements. Such information would be useful in preparing future requests for proposals. • Communications with the Auditor Selection Committee. If the auditor selection committee is assigned audit oversight responsibilities (i.e., is acting as an audit committee), effective communication between the auditors and the auditor selection committee is necessary. Financial audits conducted pursuant to Section 218.39, Florida Statutes, must be conducted in accordance with auditing standards generally accepted in the United States 18 and government auditing standards.19 Auditing standards generally accepted in the United States require that auditors communicate. certain mRttArs with the audit committee or other subgroup of those charged with governance 20 and communicate with the audit committee regarding internal control-related matters21 and identified or suspected noncompliance with laws and regulations. 22 Small Government Considerations While smaller entities may lack the resources to expand the use of the auditor selection committee to accommodate all or many of the nonmandatory audit oversight functions described above, all entities, regardless of size, are required to use the committee for auditor selection. The entities are encouraged to use the auditor selection committees for the other functions to the extent available in their particular circumstances. Additional discussion regarding the establishment of auditor selection committees by small governments is included in the Auditor Selection Committee Composition and Size section. Audit Proposal Evaluation Factors Legal Requirements Section 218.391(3)(a), Florida Statutes, requires that the auditor selection committee establish factors to be used for the evaluation of audit services to be provided and that such factors include, but not be limited to, ability of personnel, experience, ability to furnish the requested services, and such other factors as may be determined by the committee to be applicable to the particular requirements. Section 218.391 (3)(d), Florida Statutes, prohibits the use of compensation as the sole or predominant factor for evaluating proposals. Nonmandatory Guidance Consistent with Florida law, GFOA Best Practices23 state "The audit procurement process should be structured so that the principal factor in the selection of an independent auditor is the auditor's ability to perform a quality audit. Price should not be allowed to ·serve as the sole criterion for selection of an independent auditor." • Audit Firm Qualifications. While Florida law prescribes minimal audit firm qualifications that must be considered in selecting an auditor, the GFOA Handbook24 describes an evaluation process to be used in selecting the auditor that includes certain mandatory criteria that must be met by the auditor to qualify for further consideration. The criteria listed by the GFOA Handbook include: 18 These standards are promulgated by the AICPA in its publication A/CPA Professional Standards. AH references in this guidance to A/CPA Professional Standards are to such standards codified as of July 1, 2019. 19 These standards are promulgated by the Comptroller General of the United States in the publication Government Auditing Standards. 20 A/CPA Professional Standards, AU-C Sections 260.08 -.14. 21 A/CPA Professional Standards, AU-C Sections 265.11 -.15. 22 A/CPA Professional Standards, AU-C Sections 250.21 -.23. 23 GFOA's Best Practice: Audit Procurement (March 2009). 24 GFOA Handbook, Chapter 5, page 79. Page 6 134 o Meets applicable independence requirements. o License to practice as a CPA in the State. o Receipt of adequate continuing professional education by key personnel. o Completion of a quality control review within the past 3 years. o A history of performing quality audits. • Technical Qualifications. The GFOA Handbook25 indicates that if a point system is used to evaluate proposals, the total points should be divided between two categories for technical qualifications of proposers: (1) expertise and experience and (2) audit approach. Expertise and experience qualifications could include, for example: o Past experience and performance on comparable government engagements. o Quality of the firm's professional personnel to be assigned to the engagement and quality of the firm's management support personnel to be available for technical consultation. o Experience with specific State and Federal grant programs. o Information technology expertise. Audit approach qualifications include, for example: o Adequacy of proposed staffing plan (hours and level) for the various segments of the engagement. o---Adequacy-of sampling techniques: o Adequacy of analytical procedures. The GFOA Handbook26 points out that technical qualifications should be tailored to meet each government's unique environment and specific audit requirements and cites as an example a government that sponsors its own pension plan for employees, which might require actuarial expertise. The GFOA Handbook also recommends assignment of point value ranges to each criterion to aid in the evaluation of the technical qualifications of proposers, which allows the entity to reflect the relative importance of the qualifications for that government and engagement (i.e., allows the entity the flexibility to reflect qualitative differences in the qualifications presented in the proposals). Use and Elements of Request for Proposal Legal Requirements Pursuant to Section 218.391 (3)(c), Florida Statutes, the auditor selection committee must provide interested audit firms with an RFP. The RFP is required to include information on how proposals are to be evaluated and such other information as the committee determines is necessary for the firm to prepare a proposal. Nonmandatory Guidance The GFOA Blue Book 27 states that an effective RFP serves two purposes: 1) provides enough information about the entity to allow potential auditors to assess whether their particular experience and resources would be a "good match" for the engagement, and 2) elicit enough information from responding audit firms to assess their ability to perform a high quality government audit. 25 GFOA Handbook, Chapter 5, page 80 and 81. 26 GFOA Handbook, Chapter 5, page 81. 27 GFOA Blue Book, Chapter 44, page 771. Page 7 135 • Public Announcement for Audit Services. Section 218.391(3), Florida Statutes, provides that the auditor selection committee shall publicly announce an RFP and provide interested firms with the RFP. To achieve the benefits of a competitive selection process, it is critical that there be sufficient responses by qualified audit firms to the RFP. The GFOA Handbook28 states that a well-planned solicitation effort is needed to identify a sufficient number of qualified audit firms. This can be accomplished in a variety of ways and the law does not mandate any specific method. The method selected should provide sufficient time for the potential responders to prepare an appropriate response. The NIGP: Institute for Public Procurement,29 in its publication Public Procurement Guide for Elected and Senior Government Officials, 30 indicates that potential service providers should be given a minimum of ·14 to 30 days Lu µrepare bids or proposals. To promote competition, the method of noticing the RFP should be designed to reach as many potential providers of audit services as possible. The GFOA Handbook31 identifies several methods for identifying and of reaching qualified audit firms from which proposals can be solicited, including advertisement in local newspapers, notice in a publication of the state society of certified public accountants, inquiries of other entities in the same region, and direct mailing to audit firms. In Florida, the Auditor General maintains a database of local government audit reports received, including the names of the audit firms that conducted the audits, thereby providing another source that entities may find useful for identifying and reaching potential audit firms. If the entity opts to advertise in a newspaper, the newspaper selected should have adequate coverage to assure an opportunity for a sufficient number of responses. • Elements of the Request for Proposal. The GFOA Handbook32 includes a list of 24 information elements that should be considered in designing an RFP for audit services. These elements generally either provide information to the prospective proposers regarding the RFP evaluation process or assure that adequate information is provided by the proposers to allow for an informed decision by the entity. It may not be necessary to include all of these elements in the RFP, but each element should be considered, and those elements considered to be appropriate for the given circumstances should be incorporated. The elements listed in the GFOA Handbook consist of: 1. How proposals will be evaluated. The RFP should clearly state the factors upon which the selection will be based and could provide: a. The relative weights of the evaluation factors, particularly with respect to qualifications and price, when price is considered as one of the evaluation factors. b. A statement that price will not be the sole or predominant factor to assure that highly qualified firms will receive appropriate consideration and to discourage the submission of proposals with unrealistically low prices by less qualified firms. c. Auditor qualifications that are mandatory for all proposers. d. Particular qualifications that will be considered more favorably (e.g., experience with particular grant programs). 28 GFOA Handbook, Chapter 4, page 27. 29 NIGP: Institute for Public Procurement is a membership-based, nonprofit organization composed of members representing Federal, state, provincial and local g0vernment levels throughout the United States and Canada and provides support to professionals in the public sector procurement profession. 30 NGIP Public Procurement Guide for Elected and Senior Government Officials (2016), page 17. 31 GFOA Handbook, Chapter 4, pages 27 and 28. 32 GFOA Handbook, Chapter 4, pages 29 through 45. Page 8 136 2. Procedures to be followed in the proposal process. The prospective proposers who will be incurring the cost of preparing and presenting a proposal will need specific information as to how to respond to the RFP. Such information might include: a. The appropriate format to use in making the proposal. b. Identification of a contact person. c. Whether there will be a pre-proposal conference. d. Information regarding the submission of proposed prices (i.e., audit fees), such as the form or timing of submission of the proposed audit fee or the level of detail required to support the proposed audit fee (e.g., number of hours x level of staff at set rate per hour).33 e. Other aspects of the proposal process, including submission deadlines, consideration of late proposals, and notification of evaluation and auditor selection results. 3. Brief description of the entity and its accounting systems and financial reporting structures. Prospective proposers require information that will provide a basis for determining the type and amount of resources that will be needed to perform the audit. This information might include: a. General description of the entity, including: i. The entity's fiscal year. ii. Services the entity provides its citizens. iii. Organizational chart and key personnel. iv. Size of the entity (e.g., geographic area, number of employees, total budget or payroll). v. The entity's documented policies and procedures. b. Fund structure and basis of accounting. c. Involvement in Federal awards programs and State financial assistance projects. d. Description of pension plans. e. Information regarding component units and joint ventures. f. Magnitude of financial operations. g. Scope of information systems, including networking, software vendors, and major applications. h. Existence, size, and scope of the internal audit function. i. Contact person for access to prior audit information. 4. Known weaknesses in the entity's internal control structure. Prospective proposers will want to be made aware of significant known internal control deficiencies. This could be accomplished by providing the proposers with a copy of the prior year external audit report (including financial statements, auditor's reports, and management letters), prior year adjusting entries, and the status of prior audit report findings (corrected or uncorrected). It may also be useful to provide proposers recent relevant internal audit reports. 33 Section 218.391 , Florida Statutes, permits consideration of compensation in selecting the auditor; however, Section 218.391 (3)(d), Florida Statutes, prohibits the use of compensation as the sole or predominant factor for evaluating proposals. Additionally, Section 218.391 (5), Florida Statutes, provides that the method used by the entity to select, and negotiate a contract with, an auditor must ensure that the agreed-upon compensation is reasonable to satisfy the requirements of Section 218.39, Florida Statutes, and the entity's needs. Page 9 137 5. Anticipated implementation problems arising from new authoritative pronouncements. An entity's readiness to implement new pronouncements, laws, or regulations having a significant impact on the entity's financial operations and reporting could impact the auditor's consideration of the resources needed to perform the audit. 6. Principal contacts inside and outside the entity. Examples of contacts that proposers might want to be aware of as individuals with whom they will be expected to interact during the engagement include: a. Chief executive officer. b. Chief financial officer. c. Auditor selection or audit committee members. d. Director of internal audit. e. Grants management personnel. f. Legal counsel. 7. Level of assurance to be required of the auditor for each type of information contained within the report. The auditor will need to be made aware of circumstances that might impact the scope of the audit. Such circumstances might include the audit of the financial statements of a component unit by another audit firm or a determination of compliance with specific legal requirements that will require an auditor's report based on an examination conducted in accordance with A/CPA Professional Standards 34 pursuant to Auditor General Rule 10.556(10). 8. Auditing standards required for the engagement. Pursuant to Florida law35 and Auditor General Rule 10.551(4), all required financial audits of entities in Florida are to be performed in accordance with Government Auditing Standards promulgated by the Comptroller General of the United States. The RFP might include a statement to this effect to avoid any misunderstanding. 9. The auditor's specific reporting responsibilities. Although the auditor's reporting responsibilities are described in the auditing standards and the Rules of the Auditor General, the GFOA Handbook recommends listing the reporting responsibilities in the RFP. This could be most easily accomplished by reference to the Rules of the Auditor General, Chapter 10.550 (Local Governmental Entity Audits), Chapter 10.800 (Audits of District School Boards), or Chapter 10.850 (Audits of Charter Schools and Similar Entities), as appropriate. For Florida local governmental entity financial audits, the scope of the work to be performed by the auditor could include: a. Expression of opinion in conjunction with a full-scope audit of a comprehensive annual financial report (CAFR) (optional under Florida law and Rules of the Auditor General) or a report on basic financial statements only (minimum requirement for all local government audits). b. Federal or state single audit reports (required if certain thresholds are met). c. Management letter (required for all local government audits). 34 A/CPA Professional Standards, AT-C Section 315. 35 Financial audits required by Section 218.39, Florida Statutes, and defined by Section 218.31(17), Florida Statutes, must be conducted in accordance with Government Auditing Standards. Page 10 138 d. An auditor's report prepared in accordance A/CPA Professional Standards36 pursuant to Auditor General Rule 10.556(10). Expected deliverables should also include any requirement for separate opinions for any debt issues or to meet any other reporting requirements. 10. The type and amount of assistance available from the entity. Entities can sometimes reduce the cost of their audits by providing certain assistance to the auditor. To formulate the type and amount of resources to be applied to the audit, the auditor needs information as to the type and extent of assistance that will be available from the entity. The GFOA Handbook refers to various types of assistance including internal audit support, clerical support, and preparation of schedules. A statement might be included acknowledging that the entity is responsible for preparing draft financial statements. Any anticipated concerns regarding the ability of the entity to do so should be disclosed. 11. Required audit timetable and deliverables. The GFOA Handbook recommends that the RFP include the latest acceptable dates for the following: a. Entrance conference. b. Completion of interim audit work. c. Completion of year-end field work. d. Submission of audit adjustments and draft findings. e. Exit conference. f. Issuance of reports. 12. Additional services to be required of the auditor. Auditors often provide additional services beyond audit services; however, the ability of auditors to provide nonaudit services to an audit client has been severely limited by Government Auditing Standards. Careful consideration should be given to the restrictions on such services prior to including them in the RFP. Government Auditing Standards37 suggest that auditors performing nonaudit services obtain agreement from the entity's management that management will perform the following functions regarding nonaudit services: a. Assume all management responsibilities. b. Oversee the services using an individual with suitable skill, knowledge, or experience. c. Evaluate the adequacy and results of the services. d. Accept responsibility for the results of the services. 13. Information on auditor workspace and access to telephones, copiers, FAX machines, and computers. The GFOA Handbook suggests that the RFP include information on the location and type of workspace that will be made available to the auditor, as well as availability of telephones, Internet access, copy machines, FAX machines, and computer hardware and software. 36 A/CPA Professional Standards, AT-C Section 315. 37 Government Auditing Standards (2018 Revision) paragraph 3.76. Page 11 139 14. Procedures to be followed to determine if additional audit work is necessary and the fee basis applicable to such work. Circumstances sometimes arise in which the scope of the audit may need to be expanded beyond what was anticipated in the RFP. For example, an entity might request the auditor to perform additional work in an area where the auditor discovered certain control weaknesses. The GFOA Handbook recommends that the RFP indicate that the scope of the audit may only be broadened with the entity's consent and request that proposers indicate how the fee for additional work related to a scope expansion would be determined. 15. Information needed from proposers to evaluate their qualifications. A primary purpose of the RFP is to provide the entity with information needed to assess the professional skill and experience of the auditors who will perform the engagement. The GFOA Handbook recommends that the RFP ask for the following information from the proposer: a. Overall size of the audit firm. b. Location and number of professional staff who will perform the engagement. c. Identification and qualifications of personnel to be assigned to the engagement, including: i. Names and government audit experience of the partner in charge of the audit and other partners who will be assigned review or quality control functions. ii. Names of the manager and other supervisory personnel who will be assigned to the engagement, including information about their government audit experience. iii. Information on certification, licensure, and CPE training of each of the above. iv. Information on membership in professional societies (e.g., AICPA, FICPA, FGFOA, GFOA, AGA) of each of the above. v. Background and qualifications, including experience, of all other professional audit or other staff assigned to the engagement. The GFOA Handbook also recommends that the RFP clearly set forth: (1) the circumstances in which the audit staff may be changed; (2) the need for new staff to meet the same level of qualifications; and (3) the entity's right to reject or approve replacements. 16. Requirement for auditors to furnish a statement that they meet the appropriate criteria for independence. Auditors are required to maintain independence, both in fact and appearance, regarding audit clients. The GFOA Handbook suggests that the RFP require a formal statement from the proposers that they meet the guidelines for independence as set forth in applicable auditing standards. 17. Request for references from other entity clients. The GFOA Handbook suggests that the RFP ask proposers to furnish the names of governments (preferably of similar type and size) for which they have recently performed similar audits, and contact information for those governments. 18. Request for information on the results of peer reviews. Government Auditing Standards38 require that auditors performing audits in accordance with those standards (in Florida, this includes local governmental entity financial audits conducted pursuant to Section 218.39, Florida Statutes) undergo external peer review at least once every 3 years. The GFOA Handbook recommends that the RFP ask proposers to provide the entity with a report on their most recent peer review, and whether it included 38 Government Auditing Standards (2018 Revision) paragraph 5.84. Page 12 140 a review of the quality of specific government audits. The RFP could also ask for the results of desk or field reviews . of their audits by Federal or state agencies. 19. Request for information on the status of any disciplinary actions undertaken against the firm. The GFOA Handbook recommends that the RFP request information on whether any disciplinary action has been taken against the firm at the Federal or state level and, if such action has been undertaken, the current status of the action. In Florida, certified public accountants may be subject to punishment for a misdemeanor committed pursuant to Section 473.322(2), Florida Statutes, or to disciplinary action by the Florida State Board of Accountancy pursuant to Section 473.323(3), Florida Statutes. 20. Request for detailed information on the proposer's anticipated audit approach. The GFOA Handbook points out that, in addition to information regarding the proposer's qualifications, the proposer's audit approach should be evaluated to determine that the proposer has a sound understanding of the scope of the engagement and the entity's environment. Additionally, the entity needs assurance that the proposer will apply the appropriate level of effort needed to perform the engagement satisfactorily. The GFOA Handbook recommends that the RFP ask for the following types of information: a. The extent to which the firm proposes to employ statistical sampling techniques. b. The extent to which the firm proposes to employ analytical procedures. c. The manner in which the firm intends to segment the engagement. ____ d._Tbe_ho_ui:s_of staff_ time al e_acl:LleveUb~twJll_.b_e $l_eyote_dJo esich J)eg!Ileot_ ___ _ e. The approach proposed for gaining and documenting the auditor's understanding of the entity's internal controls. f. The approach proposed for determining which laws and regulations should be tested for compliance. g. The method of drawing samples for tests of compliance. 21. Requirements applicable to working papers and cooperation with other auditors. The GFOA Handbook recommends that the RFP clearly establish the period for retention of the auditors working papers by the auditor and parties who are allowed access to the working papers. In establishing the retention period, the entity should consider that A/CPA Professional Standards39 require financial statement auditors to retain "audit documentation of any nature" (this would include audit working papers) for at least 5 years after release of the audit report. This should be considered a minimum retention period in drafting an audit services contract. The GFOA Handbook also recommends that the RFP include provisions requiring accessibility to the working papers by Federal cognizant agencies; principal auditors, where component units are audited by other auditors; parties designated by the entity as part of an audit quality control review; and successor auditors for matters relating to continuing accounting significance. 22. Policy toward joint proposals or the use of subcontracting. The use of subcontracting or joint ventures on the part of auditors can be a means for encouraging participation by smaller firms. The GFOA Handbook recommends that any subcontracting after the audit contract is awarded be subject to the entity's right to approve or reject subcontracting firms. Further, if joint proposals or subcontracting is allowed, the RFP should request proposers to identify the firm that will serve as the principal auditor. 39 A/CPA Professional Standards, AU-C Section 230.17. Page 13 141 23. Right to reject proposals, demand additional information, and use unsuccessful proposals. The GFOA Handbook recommends that the RFP indicate that the entity: a. Retains the right to reject any or all proposals. b. Retains the right to request additional information from proposers and failure to provide the information could result in rejection of a proposal. c. Reserves the right to retain proposals and use ideas from them. d. Is not obligated in any manner to reimburse firms for costs incurred in connection with responding to the RFP. 24. Any additional language to meet the requirements of applicable laws and regulations. The GFOA Handbook suggests that the entity be aware of and include any specific language required by law or regulation. Use and Elements of Audit Services Contract Legal Requirements Section 218.391 (7), Florida Statutes, requires that every procurement of audit services be evidenced by a written contract embodying all provisions and conditions of the procurement of such services. An engagement letter signed and executed by both parties constitutes a written contract. The written contract shall include, at a minimum, the following: • A provision specifying the services to be provided and fees or other compensation for such services. • A provision requiring that invoices for fees and other compensation be submitted in sufficient detail to demonstrate compliance with the terms of the contract. • A provision specifying the contract period, including renewals, and conditions under which the contract may be terminated or renewed. Section 218.391 (8), Florida Statutes, provides that written contracts may be renewed (pursuant to renewal periods specified in the contract) without the use of auditor selection procedures and that such renewals shall be in writing. Nonmandatorv Guidance The audit services contract is a legally binding agreement that should be prepared and reviewed with the advice of legal counsel. The GFOA Handbook40 suggests that the written agreement incorporate by reference the terms of the RFP and specific language regarding the understanding between the entity and the auditors. The entity should also be careful to ensure that the written agreement terms are consistent with the terms of the successful proposal. • Engagement Letter. While Section 218.391 (7), Florida Statutes, authorizes the use of an engagement letter as an audit services contract, if it is signed by both parties, the use of an engagement letter does not relieve the need to include all provisions that would constitute a good contract and protect both the entity and the auditor. • Required Contract Elements. As indicated above, there are certain legally required elements that must be included in the audit services contract. Additional guidance for each of these elements follows: o Services to be provided and fees or other compensation (Section 218.391(7)(a), Florida Statutes). A/CPA Professional Standards41 indicate that agreed upon terms of the audit engagement should include, among other things, the objective and scope of the audit, the responsibilities of the auditor, and the responsibilities of entity management. A/CPA 40 GFOA Handbook, Chapter 6, page 85. 41 A/CPA Professional Standards, AU-C Section 210.10. Page 14 142 Professional Standards42 also suggest elaborating on the scope of the audit, to include reference to applicable legislation, regulations, generally accepted auditing standards, and ethical and other pronouncements of professional bodies to which the auditor adheres. Florida law and the Rules of the Auditor General include several requirements that impact the scope of the audit in addition to the required auditor's reports on the financial statements and State and Federal programs. Specifically addressing these requirements in the contract helps to preclude any subsequent misunderstandings regarding the auditor's responsibilities. o Invoices for fees and other compensation in sufficient detail to demonstrate compliance with the contract (Section 218.391(7)(b), Florida Statutes). A/CPA Professional Standards43 suggest that the basis on which fees are computed and any billing arrangements be included in the engagement letter (contract). The basis for payment may vary from a lump sum arrangement to specific rates to be paid for the services of specific employees or categories of employees of the audit firm and reimbursement for specific costs, such as travel, incurred in connection with the engagement. The level of detail on the invoice sufficient to demonstrate compliance with the terms of the contract will vary according to the basis for payment. In the case of a fixed fee contract, the basis for payment should be clearly defined within the audit services contract. If the contract identifies certain employees for which the firm will be paid at specified hourly rates, the contract should require invoices that indicate the numbers of hours worked by each employee and application of the appropriate rates. If the contract provides for reimbursement for certain actual costs, the contract should require invoices that demonstrate the costs actually incurred by the firm in the form of receipts or similar documentation. o Contract period, renewals, and termination (Section 218.391(7)(c), Florida Statutes). The contract must specify the number of years for which it will be in effect, including any options for renewal on the part of the entity. The law does not prescribe a maximum term for an audit services contract or a maximum number of renewal periods. Once the contract period, including renewals, has expired, any further required audit services must be subjected to the auditor selection law as required by Section 218.391, Florida Statutes. The GFOA's Best Practice: Audit Procurement (March 2019) recommends that governmental entities enter into multiyear agreements of at least 5 years in duration when obtaining the services of an independent auditor. The GFOA points out that such agreements allow for greater continuity and help to minimize the potential for disruption in connection with the independent audit and can also help reduce audit costs by allowing auditors to recover certain "start-up" costs over several years, rather than a single year. The appropriate length for the audit services contract is left to the judgment of the entity. However, as the auditor selection process established by law is intended to ensure selection of a qualified auditor and satisfactory audit effort, entities should avoid establishing excessive contract periods. • Additional Contract Elements. Additional elements that are recommended by the GFOA Handbook44 to be made a part of the audit services contract include: o An independence assertion by the auditor. o Language describing the actions to be taken in the event of a disagreement as to whether certain procedures are within the scope of the contract. o Provisions to assure the availability of the auditor's services to aid the entity in the defense of claims that may arise as the result of audit work. 42 A/CPA Professional Standards, AU-C Section 210.A23. 43 A/CPA Professional Standards, AU-C Section 210.A23. 44 GFOA Handbook, Chapter 6, pages 85 through 87. Page 15 143 o Language concerning opportunities for socially and economically disadvantaged individuals (such language may be required by law or regulation). o Clarification of the auditor's duty to maintain the confidentiality of certain sensitive information. o Provisions establishing the entity's rights to terminate the contract and the procedures for doing so. o Stipulation as to how the value of the auditor's work is to be determined if the engagement is terminated prior to completion. o Language establishing the auditor's sole liability for claims arising from the auditor's performance of the engagement. o Language requiring both the entity and the auditor to attempt to resolve disputes amicably. o Language requiring formal notification to the other party in the event of a disagreement (e.g., a disagreement over the scope of the audit) and indicating what is to be considered notification in such instance (e.g ., registered mail}. o Language specifying how the terms of the contract can be waived or modified. o Language clarifying that the contract's separate provisions are to stand alone, so that a failure to meet one provision does not nullify the entire contract. o A requirement for the auditor to obtain insurance coverage. o A prohibition against the auditor's delegating or subcontracting audit work without the entity's permission. In developing audit contracts, entities should consider an article 45 titled Contract Issues for Governmental Audits tt.iat was jointly developed by the AICPA and GFOA to educate governments and their auditors about clauses in contracts and engagement letters in the governmental environment that may not meet A/CPA Professional Standards and that may create uncertainty about the auditor's independence. As shown above, different professional organizations have placed varying emphasis on the contents of the contract for audit services. Entity management must determine the most appropriate provisions for a contract in a given set of circumstances. The specific elements and language to be included within a contract will ultimately be a matter of agreement between the entity and the audit firm. 45 A link to this article is provided in the GFOA Best Practice: Audit Procurement (March 2009). Page 16 144 Appendix A -Auditor Selection Law 218.391 Auditor selection procedures. (1) Each local governmental entity, district school board, charter school, or charter technical career center, prior to entering into a written contract pursuant to subsection (7), except as provided in subsection (8), shall use auditor selection procedures when selecting an auditor to conduct the annual financial audit required in s. 218.39. (2) The governing body of a county, municipality, special district, district school board, charter school, or charter technical career center shall establish an auditor selection committee. (a) The auditor selection committee for a county must, at a minimum, consist of each of the county officers elected pursuant to the county charter or s. 1 (d), Art. VIII of the State Constitution their respective designees, and one member of the board of county commissioners or its designee. (b) The auditor selection committee for a municipality, special district, district school board, charter school, or charter technical career center must consist of at least three members. One member of the auditor selection committee must be a member of the governing body of an entity specified in this paragraph, who shall serve as the chair of the committee. (c) An employee, a chief executive officer, or a chief financial officer of the county, municipality, special district, district school board, charter school, or charter technical career center may not serve as a member of an auditor selection committee established under this subsection; however, an employee, a chief executive officer, or a chief financial officer of the county, municipality, special district, district school-board;-charter-school;-or-charter technical career·centermay-serve-in-an-advisorycapacity;--- (d) The primary purpose of the auditor selection committee is to assist the governing body in selecting an auditor to conduct the annual financial audit required ins. 218.39; however, the committee may serve other audit oversight purposes as determined by the entity's governing body. The public may not be excluded from the proceedings under this section. (3) The auditor selection committee shall: (a) Establish factors to use for the evaluation of audit services to be provided by a certified public accounting firm duly licensed under chapter 473 and qualified to conduct audits in accordance with government auditing standards as adopted by the Florida Board of Accountancy. Such factors shall include, but are not limited to, ability of personnel, experience, ability to furnish the required services, and such other factors as may be determined by the committee to be applicable to its particular requirements. (b) Publicly announce requests for proposals. Public announcements must include, at a minimum, a brief description of the audit and indicate how interested firms can apply for consideration. (c) Provide interested firms with a request for proposal. The request for proposal shall include information on how proposals are to be evaluated and such other information the committee determines is necessary for the firm to prepare a proposal. (d) Evaluate proposals provided by qualified firms. If compensation is one of the factors established pursuant to paragraph (a), it shall not be the sole or predominant factor used to evaluate proposals. (e) Rank and recommend in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services after considering the factors established pursuant to paragraph (a). If fewer than three firms respond to the request for proposal, the committee shall recommend such firms as it deems to be the most highly qualified. (4) The governing body shall inquire of qualified firms as to the basis of compensation, select one of the firms recommended by the auditor selection committee, and negotiate a contract, using one of the following methods: Page 17 145 (a) If compensation is not one of the factors established pursuant to paragraph (3)(a) and not used to evaluate firms pursuant to paragraph (3)(e), the governing body shall negotiate a contract with the firm ranked first. If the governing body is unable to negotiate a satisfactory contract with that firm, negotiations with that firm shall be formally terminated, and the governing body shall then undertake negotiations with the second-ranked firm. Failing accord with the second-ranked firm, negotiations shall then be terminated with that firm and undertaken with the third-ranked firm. Negotiations with the other ranked firms shall be undertaken in the same manner. The governing body, in negotiating with firms, may reopen formal negotiations with any one of the three top-ranked firms, but it may not negotiate with more than one firm at a time. (b) If compensation is one of the factors established pursuant to paragraph (3)(a) and used in the evaluation of proposals pursuant to paragraph (3)(d), the governing body shall select the highest-ranked qualified firm or must document in its public records the reason for not selecting the highest-ranked qualified firm. (c) The governing body may select a firm recommended by the audit committee and negotiate a contract with one of the recommended firms using an appropriate alternative negotiation method for which compensation is not the sole or predominant factor used to select the firm. (d) In negotiations with firms under this section, the governing body may allow a designee to conduct negotiations on its behalf. (5) The method used by the governing body to select a firm recommended by the audit committee and negotiate a contract with such firm must ensure that the agreed-upon compensation is reasonable to satisfy the requirements of s. 218.39 and the needs of the governing body. (6) If the governing body is unable to negotiate a satisfactory contract with any of the recommended firms, the committee shall recommend additional firms, and negotiations shall continue in accordance with this section until an agreement is reached. (7) Every procurement of audit services shall be evidenced by a written contract embodying all provisions and conditions of the procurement of such services. For purposes of this section, an engagement letter signed and executed by both parties shall constitute a written contract. The written contract shall, at a minimum, include the following: (a) A provision specifying the services to be provided and fees or other compensation for such services. (b) A provision requiring that invoices for fees or other compensation be submitted in sufficient detail to demonstrate compliance with the terms of the contract. (c) A provision specifying the contract period, including renewals, and conditions under which the contract may be terminated or renewed. (8) Written contracts entered into pursuant to subsection (7) may be renewed. Such renewals may be done without the use of the auditor selection procedures provided in this section. Renewal of a contract shall be in writing. (9) If the entity fails to select the auditor in accordance with the requirements of subsections (3)-(6), the entity must again perform the auditor selection process in accordance with this section to select an auditor to conduct audits for subsequent fiscal years. Hlstory.--s. 65, ch. 2001-266; s. 1, ch. 2005-32; s. 15, ch. 2019-15. Page 18 146 Appendix B -Questions and Answers General 1. Qyestjon: Are the auditor selection requirements of Section 218.391, Florida Statutes, to be applied whenever a local governmental entity (entity) contracts with a CPA firm for any audit services? Answer: No. Section 218.391, Florida Statutes, applies only to contracting for the financial audit required by Section 218.39, Florida Statutes. However, the use of selection procedures provided for in Section 218.391, Florida Statutes, and other Federal, State, or local laws is advisable when contracting for any audit services. 2. Questjon: Is there a legal requirement or recommendation for mandatory rotation of auditors after a specified number of years or at the end of an audit services contract? Answer: No. Unless the entity has established its own mandatory auditor rotation requirement, there is no legal requirement for the mandatory rotation of auditors. The current auditor may be included in the auditor selection process at the end of the current audit services contract. The GFOA's Best Practice: Audit Procurement (March 2019) provides "While there is some belief that auditor independence is enhanced by a policy requiring that the independent auditor be replaced at the end of the audit contract ... the frequent lack of competition among audit firms fully qualified to perform public-sector audits could make a policy of mandatory auditor rotation counterproductive. In such cases, it is recommended that a governmental entity actively seek the participation of all qualified firms, including the current auditors, assuming that the past performance of the current auditors has proven satisfactory." 3. Questjon: If an entity is satisfied with the existing auditor and can negotiate acceptable fees, can the contract for financial audit services be renewed without going through the auditor selection procedures required by Section 218.391, Florida Statutes? Answer: A contract for financial audit services can be renewed only as provided in the contract, which is required to include a provision specifying the contract period, including renewals. 4. Qyest!on: Are the auditor selection procedures required to be used only when an entity decides to change auditors or initiate a request for proposals process? Answer: No. The revised auditor selection procedures are required to be followed when an audit contract period expires. The audit contract is required to include a provision specifying the contract period, including renewals. 5. Question: Chapter 2019-15, Laws of Florida, effective July 1, 2019, amended Section 218.391 (2), Florida Statutes, to revise the requirements for establishing the auditor selection committee and appointing committee members. Does this impact an audit services contract that was in effect at July 1, 2019? Answer: No. An audit services contract that was in effect at July 1, 2019, can remain in effect through the end of the original contract term, including renewals. Entities are required to comply with the new auditor selection committee requirements for auditor selection procedures initiated after July 1, 2019. 6. Qyestjon: Are audit services contracts required to include renewal option provisions? Answer: No. The contract is not required to include a renewal provision; however, a contract cannot be renewed in the absence of such a provision. Page 19 147 7. Qyestjon: Is there a minimum or maximum number of years that an audit contract must cover? Answer: No. The audit services contract must specify a contract period including renewals, but the law does not specify a minimum or maximum number of years that an audit services contract must cover. This is left to the discretion of the entity and is a matter of agreement between the entity and the audit firm. The entity should use prudent business practices in establishing the contract period. 8. Question: Section 218.391 (4 )(c), Florida Statutes, provides that a governing body may select a firm recommended by the auditor selection committee and negotiate a contract with one of the recommended firms using an appropriate alternative negotiation method. Which specific provisions of the law may be considered nonmandatory under this provision by the applil;Ciliun of an alternative methodology? Apswer: Regardless of the negotiation method used, an entity's governing body must establish an auditor selection committee pursuant to Section 218.391(2), Florida Statutes, and the auditor selection committee must perform its functions in accordance with the requirements of Section 218.391(3), Florida Statutes. Regardless of the method used to select the audit firm, compensation may not be the sole or predominant factor used to select the firm (Section 218.391(3)(d) and (4)(c), Florida Statutes). 9. Qyestjon: Can an auditor selection committee ratify, after the fact, a request for proposal previously developed and issued by City personnel without the auditor selection committee's involvement? Answer: No. An auditor selection committee's statutorily prescribed function to exercise its discretion to create (and provide interested firms with) a request for proposals may not be delegated to a subordinate or other entity absent statutory authorization (see Attorney General Opinion 2012-31). 10. Qyestjon: Can an entity select an auditor to conduct a financial audit pursuant to Section 218.39, Florida Statutes, by piggybacking off of another entity's audit contract? Answer: No. Pursuant to Section 218.391 (2), Florida Statutes, an entity seeking such audit services must establish an auditor selection committee and the committee must apply the auditor selection procedures prescribed by Section 218.391 (3), Florida Statutes. This law does not include a provision that would allow for piggybacking, and an auditor selection committee's statutorily prescribed function may not be delegated to a subordinate or other entity absent statutory authorization (see Attorney General Opinion 2012-31 ). 11. Qyestion: Are auditor selection committee meetings subject to the Sunshine Law (Section 286.011, Florida Statutes)? Apswer: Yes. Auditor selection committee meetings are subject to the Sunshine Law (i.e., noticing meetings and keeping minutes for all meetings) because the committee is not just fact-finding in nature but also makes decisions in ranking proposals and recommending to the governing body firms deemed to be the most highly qualified to perform the auditing services. See discussion regarding application of the Sunshine law to advisory boards in Part I, Section 8.1, of the Attorney General's Government-in-the-Sunshine Manual. Auditor Selection Committee 12. Question: Section 218.391 (2)(a), Florida Statutes, provides that the auditor selection committee for a county must, at a minimum, consist of each of the county officers elected pursuant to the county charter or Article VIII, Section 1 (d) of the State Constitution or their respective designees and one member of the board of county commissioners or its designee. May a county officer (i.e., clerk of the court, sheriff, property appraiser, tax collector, supervisor of elections, or any other such officer in whom any portion of the fiscal duties of the such officers are under law separately placed) designate an employee of the county officer to serve in place of the county officer on the county's auditor selection committee? Page 20 148 Answer: Pursuant to Section 218.391 (2)(c), Florida Statutes, an employee of a county cannot serve on the county auditor selection committee. The term "employee" is not explicitly defined for purposes of applying this law; however, the term "county" as used in Section 218.391 (2)(a), Florida Statutes, encompasses county officers and the board of county commissioners, indicating that the legislature intended the restriction imposed by Section 218.391 (2)(c), Florida Statutes, to apply to employees of a county officer or of the board of county commissioners. Accordingly, a county officer may not designate an employee of a county officer to serve in place of the county officer on the county auditor selection committee. However, the employee may serve in an advisory capacity for the auditor selection committee. 13. Question: Section 218.391(2)(b), Florida Statutes, provides that the auditor selection committee for a municipality, special district, district school board, charter school, or charter technical career center must consist of at least three members, and one member must be a member of the governing body who must serve as the committee chair. Does this mean that only one member of the governing body may serve on the committee? Answer: No. The committee can have as many members of the governing body as desired, but at least one member must be a member of the governing body who must be the committee chair. Dependent Special Districts 14. Question: A dependent special district exceeds the audit threshold established by Section 218.39, Florida Statutes, and must provide for a financial audit requirement. Although the district is audited as part of a county or municipality pursuant to Section 218.39(3)(a), Florida Statutes, the district --Opts-to-also-1:1rovide·for a separate financial audit. Does the district have to select the auditOrlor the separate financial audit in accordance with Section 218.391, Florida Statutes? Answer: No. As the district is not required to provide for a separate financial audit pursuant to Section 218.39, Florida Statutes, it is not required to follow the auditor selection procedures prescribed by Section 218.391, Florida Statutes. However, the use of such selection procedures is advisable to help ensure selection of a qualified auditor and satisfactory audit effort. 15. Qyestiop: A dependent special district exceeds the audit threshold established by Section 218.39, Florida Statutes, and must provide for a financial audit requirement. The district opts not to be audited as part of a county or municipality pursuant to Section 218.39(3)(a), Florida Statutes, but instead opts to provide for its own financial audit. Does the district have to select the auditor in accordance with Section 218.391, Florida Statutes? Answer: Yes. As the district is required to provide for a financial audit pursuant to Section 218.39, Florida Statutes, it is required in this situation to follow the auditor selection procedures prescribed by Section 218.391, Florida Statutes. 16. Qyestion: A dependent special district does not exceed the audit threshold established by Section 218.39, Florida Statutes; however, the district opts to provide for a financial audit. Does the district have to select the auditor in accordance with Section 218.391, Florida Statutes? Answer: No. As the district is not required to provide for a financial audit pursuant to Section 218.39, Florida Statutes, it is not required to follow the auditor selection procedures prescribed by Section 218.391 , Florida Statutes. However, the use of such selection procedures is advisable to help ensure selection of a qualified auditor and satisfactory audit effort. Community Redevelopment Agencies 17. Question: A community redevelopment agency (CRA) exceeds the audit threshold established by Section 163.387(8), Florida Statutes, and must provide for its own financial audit. Does the CRA have to select the auditor in accordance with Section 218.391, Florida Statutes? Answer: No. Section 218.391, Florida Statutes, applies only to audits required by Section 218.39, Florida Statutes. Section 163.387(8), Florida Statutes, does not specify how the CRA is to select an Page 21 149 auditor to conduct an audit required by that law. However, the use of the auditor selection process prescribed in Section 218.391 , Florida Statutes, is advisable to help ensure selection of a qualified auditor and satisfactory audit effort. 18. Qyestjon: A CRA provides for an audit required by Section 218.39, Florida Statutes, by being included in a county or municipality audit pursuant to Section 218.39(3)(a), Florida Statutes; however, the CRA is also required to provide for its own separate financial audit pursuant to Section 163.387(8), Florida Statutes. Can the auditor who conducted the county or municipality financial audit also conduct the separate CRA financial audit? Answer: Yes. Section 163.387(8), Florida Statutes, does not specify how the CRA Is to select an auditor to conduct the required audit and does not include any restrictions on the CRA's selection of an auditor. However, in deciding whether to use the auditor who conducts the CRA's parent entity (county or municipality) financial audit, the CRA should consider whether it would benefit from applying its own auditor selection procedures because, while the parent entity's auditor selection process was designed to find an auditor to conduct a financial audit of a county or municipality, the CRA's selection process should be designed to find an auditor to conduct a financial audit of the CRA. As CRAs are a unique type of local governmental entity, an auditor with the knowledge and experience needed to conduct an audit of a county or municipality may not necessarily have sufficient knowledge and experience needed to conduct an audit of a CRA. Use of Compensation as Evaluation or Ranking Factor 19. Questjon: If compensation Is used as one of the factors to evaluate firms and the governing body of an entity chooses to select a firm other than the auditor selection committee's highest-recommended firm and documents the reason for not selecting the highest-ranked firm pursuant to Section 218.391(4)(b), Florida Statutes, does the next ranked firm become the highest-ranked firm, requiring documentation as to the reason for nonselection, before a firm ranked lower than that firm can be selected? Answer: The law does not specifically address this circumstance; however, it would be reasonable to conclude that justification is necessary and should be documented for the selection of any firm over a higher ranked firm. 20. Questjon: If compensation is used as one of the factors to evaluate firms and the governing body of an entity chooses to select a firm other than the auditor selection committee's highest-recommended firm pursuant to Section 218.391 (4 )(b), Florida Statutes, what documentation is required to justify selection of a firm other than the highest-ranked firm? Answer: Required documentation as to the reason for not selecting the highest-ranked firm under Section 218.391(4)(b), Florida Statutes, is not described in the law. Such documentation could include a statement made by the governing body, possibly in the form of a resolution and included in the minutes of the governing body, describing the factors that caused the governing body to decide that selection of the next ranked firm was in the entity's best interest. Those factors might include inability to negotiate a satisfactory contract with the highest-ranked firm or information provided to the governing body subsequent to the ranking process. However, as specified in Section 218.391(4)(c), Florida Statutes, the decision to select a firm cannot be based on compensation as the sole or predominant factor. 21. Qyestion: If compensation is used as a ranking factor, may the governing body also use the alternative method prescribed by Section 218.391(4)(c), Florida Statutes, to select the audit firm or must they use the method prescribed by Section 218.391(4)(b), Florida Statutes? Answer: The alternative methodology referred to in Section 218.391(4)(c), Florida Statutes, may include the use of compensation as a ranking factor as long as compensation is not the sole or predominant factor used to rank proposals and select the firm. Page 22 150 22. Qyestion: If compensation is 20 percent of the ranking criteria and all other factors are each less than 20 percent, is compensation then the predominant factor, or must it be predominant of all factors combined, i.e., greater than 50 percent of all combined? Answer: "Predominant" is not defined in the law with respect to auditor selection. Certainly, weighting compensation at greater than 50 percent of all combined factors, would constitute "predominant." Black's Law Dictionary defines "predominant" as "Something greater or superior in power and influence to others, with which it is connected or compared." Noncompliance with Auditor Selection Law 23. Qyestjon: Pursuant to Section 218.391 (9), Florida Statutes, if an entity fails to select the auditor in accordance with Section 218.391 (3)-(6), Florida Statutes, the entity must again perform the auditor selection process in accordance with this section to select an auditor to conduct audits for subsequent fiscal years. Does Section 218.391 (9), Florida Statutes, apply to a situation where an entity selects an auditor to conduct a financial audit required by Section 218.39, Florida Statutes, without use of an auditor selection committee appointed by the entity's governing body? Answer; Yes. An entity cannot comply with Section 218.391(3), Florida Statutes, unless the entity's governing body has established an auditor selection committee to carry out the responsibilities prescribed by Section 218.391 (3), Florida Statutes. 24. Qyest!on: An entity is notified that its auditor engaged to conduct a financial audit required by Section 218.39, Florida Statutes, was not selected in accordance with the requirements of Section _;218.391 (3)-(9), Florida Statutes. What should the_entity_do? ________ _ Answer: The entity should carefully review its auditor selection process to ensure compliance with Section 218.391 (3)-(6), Florida Statutes. In doing so, the entity may want to consult with its legal counsel. If it is determined that the entity did not select the auditor in accordance with Section 218.391 (3)-(6), Florida Statutes, the entity, at a minimum, must perform the auditor selection in accordance with Section 218.391, Florida Statutes, for the subsequent fiscal year audit as required by Section 218.391(9), Florida Statutes. However, if possible (e.g., an audit contract for the current fiscal year has not been executed, or if executed, can be legally terminated without significant financial costs, and there is sufficient time to reselect the auditor and comply with the audit report submittal deadline), the entity should reperform the auditor selection process for the current fiscal year audit. 25. Question: An auditor becomes concerned (e.g., through the process of responding to a request for proposal for audit services) that an entity may not be selecting an auditor to conduct a financial audit required by Section 218.39, Florida Statutes, in accordance with the requirements of Section 218.391 (3)-(6), Florida Statutes. What should the auditor do? Answer: The auditor should notify the entity's governing body of the concern. The entity may not be aware of the Section 218.391, Florida Statutes, auditor selection requirements or that its auditor selection process is not in accordance with that law. At a minimum, the auditor's notification should help ensure the entity's future compliance with Section 218.391 , Florida Statutes. Also, depending on the timing of the auditor's notification, the entity may decide to reperform the auditor selection process. Auditors should also consider refraining from responding to a request for proposal for audit services from entities they know to be in violation of Section 218.391, Florida Statutes. Page 23 151 Appendix C -Auditor Selection and Auditor Selection Committee Resources AICPA Audit Committee Effectiveness Center (www .aicpa.org/forthepublic/auditcommitteeeffectiveness) A/CPA Professional Standards promulgated by the American Institute of Certified Public Accountants as of July 1, 2019. Audit Management Handbook, Stephen J. Gauthier, Government Finance Officers Association (1989) (Note: Publication of this Handbook was discontinued several years ago as a result of 1996 changes to the Federal Single Audit Act and changes in GFOA policy; however, the references to the Handbook in this guidance are consistent with current GFOA policy.) Choosing an External Auditor: A Guide to Making a Sound Decision, Mid-America Intergovernmental Audit Forum (August 2007) (www.ni.gov/humanservices/olra/ocpm/resources/tips/Mark ExtAuditor2.pdf) GFOA's Best Practice: Audit Procurement (March 2019), Government Finance Officers Association (www.gfoa.org/best-practices/internal-controls) GFOA's Best Practice: Audit Committees (October 2008), Government Finance Officers Association (www.gfoa.org/best-practices/internal-controls) Government Accounting, Auditing, and Financial Reporting (2012), Government Finance Officers Association Government Auditing Standards issued by the Comptroller General of the United States (www.gao.gov/yellowbook) How to Avoid a Substandard Audit: Suggestions for Procuring an Audit (May 1988), National Intergovernmental Audit Forum (www.gao.gov/products/137493) Public Procurement Guide for Elected and Senior Government Officials promulgated by the NIGP: Institute for Public Procurement (2016) (www.nigp.org/home/find-procurement- resou rces/e lected-officials-procurement-gu ide) Page 24 152 REGULAR AGENDA ITEM 503 CITY COMMISSION AGENDA | MAY 10, 2021 REGULAR MEETING TITLE Discussion on Proposing a City Charter Amendment to Eliminate the Mayor's Position SUMMARY PROPOSED: The proposal would eliminate the current elected Mayor position under the City Charter, and alternatively, the City Commission will select, from among its members, a Mayor and Deputy Mayor on a rotational basis, each of whom shall serve at the pleasure of the Commission. Currently, the Mayor does not vote, except to break a tie vote of the City Commission. Under the proposal, the Mayor would vote on all matters presented to the City Commission requiring a vote and continue to preside as chairperson at meetings of the Commission, and shall be recognized as head of the City Government for all ceremonial purposes and by the Governor for the purposes of military law. The Mayor shall, on behalf of the city, continue to sign ordinances, resolutions, bonds, contracts, and instruments conveying city property rights, plats and other documents approved by the Commission that are traditionally signed by the Mayor. Other than authorized by the charter, the Mayor shall have no administrative duties. The Deputy Mayor shall act as Mayor during the absence or disability of the Mayor. This proposal is similar to the manner in which the City of Longwood selects its Mayor, and the County Commission selects its chairperson. The proposal would require an amendment to the City Charter, and therefore, the voters of Winter Springs will be required to approve the proposal at a duly held referendum election. RECOMMENDATION To discuss the elimination of the Mayor's position as defined in the City Charter and to purpose a Charter Amendment be submitted to voters for referendum at election held on Tuesday, November 2, 2021. 153 REGULAR AGENDA ITEM 504 CITY COMMISSION AGENDA | MAY 10, 2021 REGULAR MEETING TITLE Appointment Opportunities for City Boards and Committees SUMMARY The City Clerk Department wishes to inform the City Commission of the following vacancies: Per Section 2-41(e) of the City Code, "If any commissioner fails to appoint a member within thirty (30) days after a vacancy occurs or a term expires, that seat shall be filled by a majority vote of the commission." CURRENT VACANCIES: Parks and Recreation Advisory CommitteeSeat Two - Commissioner Cannon Term Expires: November 1, 2023 Youth Council Mayor - Two (2) appointments remaining Seat One - One (1) appointment remaining Seat Five - One (1) appointment remaining RECOMMENDATION Staff recommends the City Commission make any appointments they deem pertinent. 154