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HomeMy WebLinkAbout2010 02 08 Consent 205 Approval Of January 25, 2010 Regular Meeting Minutes CITY OF WINTER SPRINGS FLORIDA ki 4 4' � t U I ncorporate d 1959 .4 `"COR% * CITY COMMISSION MINUTES REGULAR MEETING MONDAY, JANUARY 25, 2010 — 6:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor John F. Bush Commissioner Jean Hovey - Seat One Deputy Mayor Rick Brown - Seat Two Commissioner Gary Bonner - Seat Three Commissioner Sally McGinnis - Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 25, 2010 PAGE 2 OF 29 CALL TO ORDER The Regular Meeting of Monday, January 25, 2010 of the City Commission was called to Order by Mayor John F. Bush at 6:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). CT Roll Call: Mayor John F. Bush, present Deputy Mayor Rick Brown, present Commissioner Jean Hovey, present Commissioner Gary Bonner, present Pta Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present u City Manager Kevin L. Smith, present L Mil City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. ❖ ❖ AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS WERE PRESENTED IN THE ORDER DOCUMENTED. ❖ ❖ AWARDS AND PRESENTATIONS - PART I AWARDS AND PRESENTATIONS 301. Office Of The City Manager Presentation Of Employee Recognition Awards To The City Of Winter Springs Employees. Employee Recognition Awards were presented to the following City of Winter Springs Employees that were in attendance: 5 Years Of Service: Mr. Terry Baker, Police Department Mr. John Briggle, Police Department; Mr. James Duckworth, Public Works Department; Mr. Nicholas Romano, Police Department; Mr. Eli Smith, Parks and Recreation Department; Mr. Paul Stein, Police Department; and Mr. Thomas Thatcher, Utility Department. 10 Years Of Service: Mr. Bryan Lance, Utility Department; and Mr. Geoff Marbes, Utility Department. 20 Years Of Service: Ms. Susie Coffman, Parks and Recreation Department. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 25, 2010 PAGE 3 OF 29 25 Years Of Service: Mr. Doug Taylor, Utility Department Former Commissioner David W. McLeod was recognized as being in attendance. AWARDS AND PRESENTATIONS PMarl 300. Office Of The City Manager Requesting The Mayor And City Commission Receive A Presentation From Seminole County Commissioner Mike McLean On The 2010 State Of The County Event. Commissioner Mike McLean, Seminole County, 1101 East First Street, Sanford, Florida: commented on Seminole County's 2010 State of the County Event which is being held at the Lake Mary Westin on Friday, February 12, 2010. Brief comments followed. AWARDS AND PRESENTATIONS 302. Office Of The Mayor ADD -ON Discussion Of Local Option Sales Tax By Seminole County Public Schools Deputy Superintendent George Kosmac. Mr. George Kosmac, Deputy Superintendent, Seminole County Public Schools, 400 East Lake Mary Boulevard, Sanford, Florida: commented on the School Board's interest in renewing the one cent infrastructure tax and their hope that Seminole County and all seven (7) Seminole County cities would support this effort. Discussion. Deputy Mayor Rick Brown noted his preference that this information come back as an Agenda Item. City Manager Kevin L. Smith stated, "I'll take care of it." Mayor Bush then said, "So, it will be on our next Agenda." Deputy Mayor Brown noted, "Yes." No objections were voiced. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department REQUEST: Advising The City Commission Of The Status Of Various Current Planning Projects. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The Commission Agenda Are Necessary In Conjunction With This Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 25, 2010 PAGE 4 OF 29 RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. Discussion ensued with City Staff on the Town Center, Magnolia Park, and Jetta Point. Regarding Jetta Point, Commissioner Gary Bonner suggested the Homeowner's Associations nearest this proposed project be kept informed. Commissioner Bonner also recommended that there should be discussions with top level Seminole County Officials on how this fits in with our economic strategy and SeminoleWAY. With further comments, Mayor Bush and Commissioner Joanne M. Krebs also suggested keeping the local n"�6'. • Homeowner's Associations informed. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department stated, "They will be the target group." INFORMATIONAL Linei 101. Parks And Recreation Department REQUEST: Requests That The City Commission Review The Cost Per Resident Of The Past City Of Winter Springs Special Events. FISCAL IMPACT: N/A (Not Applicable) Informational. COMMUNICATION EFFORTS: Informational For The City Commission Only. RECOMMENDATION: Parks And Recreation Recommends That The City Commission Review The Information Presented And Provide Further Direction As Needed. Mr. Chuck Pula, Director, Parks and Recreation Department addressed the City Commission on this Agenda Item. With discussion, Commissioner Sally McGinnis thanked Mr. Pula for this Agenda Item and suggested this information be discussed at Homeowner's Association meetings throughout the City. INFORMATIONAL 102. Parks And Recreation Department REQUEST: Wishes To Inform The City Commission Regarding The Expenses/Revenue And Project Summary From The 2009 Holiday Events. FISCAL IMPACT: $14,505.52 Expended $3,795.00 Brought In $10,710.52 General Fund Expenditure CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 25, 2010 PAGE 5 OF 29 COMMUNICATION EFFORTS: The Events Were Promoted On The City Website, e- Citizen, Festival Websites, And Flyers Were Printed And Distributed In Local Businesses And Schools. Promotion Was Done In The Orlando Sentinel, Seminole Chronicle, Seminole Voice, And Tuskawilla Today. Also WFTV 9, Radio Station 105.9, And SGTV (Seminole Government Television) Promoted The Events. In Addition, The Large Banner Promoting The Event Was Hung In The Town Center. Several Schools Were Also Involved In The Event Programs. RECOMMENDATION: Parks And Recreation Recommends That The City Commission Review The Information Presented And Provide Further Direction As Needed. No discussion. INFORMATIONAL 103. Not Used. r INFORMATIONAL 104. Parks And Recreation Department REQUEST: Notifying The City Commission Of The Status Of The Florida Recreational Development Assistance Program Grant Regarding Magnolia Park. FISCAL IMPACT: The Magnolia Park Project Is Budgeted In The 120']09/120']10 Budget At $1,188,750, Acct. (Account) #305 65000 70008. The FRDAP (Florida Recreational Development Assistance Program) Grant Currently Is $200,000.00 If Approved By The Legislature. It Would Be An Addition To The Project And Could Be Used However The City Wishes. COMMUNICATION EFFORTS: Lobbying Of State Senator Lee Constantine And Representative Sandy Adams For FRDAP (Florida Recreational Development Assistance Program) Funding To Stimulate The Economy. RECOMMENDATION: Informational Only. There was no discussion on this Agenda Item. "MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 25, 2010 PAGE 6 OF 29 CONSENT AGENDA CONSENT 200. Parks And Recreation Department REQUEST: Requesting That The City Commission Approve Resolution 2010 -01 Updating And Revising The Schedule Of Fees For Various Parks And Recreation Facility Uses And Activities. FISCAL IMPACT: Parks And Recreation Has Reviewed The Number Of Memberships Affected By These �Ta Changes And Believes That The Revenues Will Remain The Same As Projected Due To Increased Usage Of The Facilities. COMMUNICATION EFFORTS: Staff Will Inform Citizens And Users Of The Changes Through The easmtV City Website, E- Citizen, And Direct Mail To The Membership Database Of The Splash Playground And Senior Center. Also, New Signage Will Be Put -Up And Flyers With The Changes Will Be Made For The Public. rien RECOMMENDATION: Parks And Recreation Recommends That The City Commission Approve Resolution 2010 -01 Updating And Revising The Schedule Of Fees For Various Parks And Recreation Facility Uses And Activities. No discussion. CONSENT 201. Parks and Recreation Department REQUEST: Requesting That The City Commission Approve The Expenditure From Parks And Recreation Budgeted Funds Up To $45,000.00 For A Large Shade Structure To Rep Services (Inc.). FISCAL IMPACT: The Fiscal Impact Is Up To $45,000.00, Which Is Budgeted In The [20']09/[20']10 Budget Of Parks And Grounds (7230 - 64000). COMMUNICATION EFFORTS: Parks And Recreation Has Received Many Complaints From Residents In 2009 Regarding The Playground Being Too Hot During The Spring And Especially Summer Months. Staff Informed Residents That We Were Budgeting To Install A Shade Structure Over The Playground Prior To The Next Spring And Summer. Staff Will Promote The Installation On E- Citizen, City Website, And Direct E -Mail (Mail) To Splash Playground Members In The Parks And Recreation Database. RECOMMENDATION: The Parks And Recreation Department Is Recommending That The City Commission Approve The Purchase And Installation Of A Large Playground Shade Structure At Trotwood Park From Budgeted Funds Not To Exceed $45,000. There was no discussion on this Agenda Item. CONSENT 202. Public Works Department REQUEST: Requesting Approval Of Resolution #2010 -05 Authorizing The City Manager To Enter Into A Highway Maintenance Memorandum Of Agreement With The Florida Department Of Transportation For The Maintenance Of State Road 434. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 25, 2010 PAGE 7 OF 29 FISCAL IMPACT: The $62,000.00 Is A Slight Annual General Fund Revenue Increase Used To Offset The Expenditures For Maintaining S.R. (State Road) 434, The Majority Of Which Are Expensed Against Urban Beautification Repair And Maintenance Of Grounds Line Code. COMMUNICATION EFFORTS: No Extras Communication Efforts Are Necessary At This Time. RECOMMENDATION: It is recommended that approval of Resolution # (Number) 2010 -05 be granted authorizing the City Manager to enter into a highway landscaping maintenance memorandum of agreement with the FDOT (Florida Department Of Transportation) for the Maintenance of State Road 434 from Talmo Street to S.R. (State Road) 417 For A Three Year Period Beginning March 2010. Brief discussion ensued with Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Departments. ans M CONSENT 203. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The January 4, 2010 City Commission Special Meeting Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: These Minutes Have Been Distributed To The Mayor And City Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The January 4, 2010 City Commission Special Meeting Minutes. This Agenda Item was not discussed. CONSENT 204. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The January 11, 2010 City Commission Workshop Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: These Minutes Have Been Distributed To The Mayor And City Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The January 11, 2010 City Commission Workshop Minutes. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 25, 2010 PAGE 8 OF 29 CONSENT 205. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The January 11, 2010 City Commission Regular Meeting Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. 4i ■ COMMUNICATION EFFORTS: These Minutes Have Been Distributed To The Mayor And City e l Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The January 11, 2010 City Commission Regular Meeting Minutes. 21 o.d There was no discussion on this Agenda Item. t=i "MOTION TO APPROVE" (CONSENT AGENDA). MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS - PART II AWARDS AND PRESENTATIONS 303. Not Used. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager — Kevin L. Smith Manager Smith commented on a recent letter received from the Seminole County Property Appraiser which noted that "Our expected taxable base will be down ten percent (10 %) next year ". Manager Smith also mentioned that the sign out front of City Hall is being installed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 25, 2010 PAGE 9 OF 29 REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC No Report. SMS REPORTS r 1 403. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Jean Hovey commented that the Seminole County PTA (Parent- Teachers Association) plans to support the proposed extension of the Local Option Sales Tax. REPORTS 404. Office Of Commissioner Seat Two/Deputy Mayor — The Honorable Rick Brown Deputy Mayor Brown brought up an email from a resident related to parking and set -backs as noted in City Codes. Discussion followed on this issue with Chief of Police Kevin Brunelle, Police Department and Captain GlennTolleson, Code Enforcement Bureau, Police Department. Tape 1 /Side B Much discussion. REPORTS 405. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Bonner asked about the status of a previous discussion on holding a meeting with parties involved with the Hayes Road Plaza. Mr. Brian Fields, P.E., City Engineer, Public Works Department stated, "I have drafted a letter, have not sent it out to the respective property owners yet but hope to report on that probably by next Meeting." REPORTS 406. Office Of Commissioner Seat Four — The Honorable Sally McGinnis Commissioner Sally McGinnis also referenced comments made by Ms. Tracy Crowe (Land Design Innovations, Inc.) during tonight's Workshop, about working with Banks that might offer small business loans and suggested this be considered for the Hayes Road Plaza. REPORTS 407. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs stated, "I would like to thank the Staff for the new format on the Agenda." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 25, 2010 PAGE 10 OF 29 Secondly, Commissioner Krebs asked about Federal Emergency Management Agency (FEMA) money. Lastly, Commissioner Krebs inquired about the status of issues related to Mr. Bart Phillips. Discussion followed with Mr. Stevenson. On a related note, Commissioner McGinnis asked if there were any pending Code Enforcement Board actions. Brief comments followed with Captain Tolleson. REPORTS 408. Office Of The Mayor — The Honorable John F. Bush tinao Mayor Bush advised the City Commission that he and Mr. Lockcuff had attended a "myregion.org" meeting =_ about water issues. With further comments, Mayor Bush said to Mr. Lockcuff, "Appreciate you being there." titt PUBLIC INPUT Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: thanked the City Commission for setting a date for the Dog Park Grand Opening; and then gave status on this planned Event. Mr. Rucci also asked the City Commission if the City could help with the advertising of this Event by adding it to the City's Website and possibly mention it on City utility bills. Mayor Bush suggested to Mr. Rucci, "Just work with the City Manager on your comments about the Web." No objections were noted. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Not Used. ❖❖ AGENDA NOTE: REGULAR AGENDA ITEMS "601" AND THEN "600" WERE DISCUSSED NEXT, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. •;• •;• REGULAR AGENDA REGULAR 601. Office Of The City Attorney REQUEST: Requests The City Commission Provide Direction Regarding The Request Made By The Current Property Owner (Winter Springs Holdings, Inc.) Of The Winter Springs Town Center Phase II Property To Amend The Recorded Implementation Agreement Related To The Development Of The Property. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 25, 2010 PAGE 11 OF 29 FISCAL IMPACT: The Fiscal Impact Varies Depending On Which Option The City Commission Chooses. OPTION A (Approve/New Agreement) 1. Subject To Final Verification By The City Engineer, The City Would Incur Approximately $272,536.00 To Reimburse The Property Owner For The Design And Permitting Of Spine Road (Michael Blake Boulevard). 2. The City Would Be Relieved Of Its Financial Commitment To Purchase 62 Garage Public Parking Spaces Which Amounts To $930,000.00 (62 X $15,000 Per Space), And Any Other Incidental Financial Commitments Under The Agreement. 3. The City Receives The Value Associated With The Land Conveyed To The City For Spine Road And Neighborhood Parks #4 And #5. 4. The City Receives The Value Of A Long Term Commitment To Use Portions Of The Vacant Land For Town Center Parking And Events. OPTION B (Approve/Unilaterally Terminate Existing Agreement) The City Relieves Itself Of All Remaining Financial Commitments Under The Agreement. However, The City Loses The Benefits Under lwmai The Agreement Including The Design And Permitting Of Spine Road And The Value Of The Land Pa Necessary To Build Spine Road. The City Also Loses The Value Of The Land For Neighborhood Parks #4 And #5. Further, The City Loses Other Potential Benefits Under A New Agreement. OPTION C (Deny/Maintain Existing Agreement) The City Maintains The Existing Financial Commitments Under The Agreement Including Reimbursement For The Design And Permitting Of Spine Road And The Public Parking Spaces In The Garages. COMMUNICATION EFFORTS: 1. No Public Advertisements Are Required For This Item. However, This Item, And Any Subsequent Related Item, Will Be Placed On A City Commission Agenda And Posted At City Hall And On The City's Website. 2. The Presentation Of This Agenda Item Was Scheduled With The Property Owner's Representative. A Copy Of The Agenda Item Has Been Delivered To The Representatives Prior To The Commission Meeting. The Representatives Should Be In Attendance At The Commission Meeting To Answer Any Questions Regarding The Property Owner's Request. RECOMMENDATION: The City Attorney And City Staff Recommend The City Commission Provide Direction Regarding The Property Owner's Request. If The City Commission Desires To Approve The Request, The City Attorney And City Staff Recommend Option A Because It Furthers The Long Standing Master Plan For The Town Center And Offers Other Significant Value To The City. City Attorney Anthony A. Garganese introduced this Agenda Item for discussion. Commissioner Krebs suggested this issue be further discussed during a Special Meeting or a Workshop and added, "I think we all need to understand really carefully what we are a) giving up or discarding, if that is the case." MOTION TO TABLE. MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. COMMISSIONER KREBS ADDED, "MOTION TO TABLE." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. "I WILL MAKE THE MOTION TO TAKE THIS TO A SPECIAL MEETING." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 25, 2010 PAGE 12 OF 29 Mr. Brian Love, CS Capital Management, Inc., One Overton Park, Suite 240, 3625 Cumberland Boulevard, Atlanta, Georgia: as a representative for the Owner, Mr. Love noted, "We are marketing the property." FURTHER DISCUSSION. MAYOR BUSH NOTED, "ONCE WE TAKE A VOTE ON THIS, THAT KEVIN (SMITH) WOULD THEN TALK TO TRACY (CROWE), BRIAN (LOVE) AND GET THIS MEETING SET UP AS QUICKLY AS POSSIBLE." COMMISSIONER McGINNIS, DEPUTY MAYOR BROWN AND COMMISSIONER KREBS STATED, "YES." VOTE: COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE wa COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Mayor Bush then reiterated to the City Commission, "Would you agree that we ask Kevin (Smith) to get this meeting going as quickly as possible ?" Commissioner Krebs stated, "Absolutely." Deputy Mayor Brown said, "Please." No objections were noted. Mayor Bush added, "With all the parties that need to be there; and I think Land Design (Innovations, Inc.) needs to be there as well." Commissioner McGinnis remarked, "Yes." In conclusion, Mayor Bush mentioned, "This has been Tabled - we will bring this back up at the (Special) Meeting." REGULAR 600. Office Of The City Manager REQUEST: Requesting The City Commission To Review The Report Of Findings From Phase II Of The Forensic Investigation And Provide Direction As Deemed Necessary Or Appropriate. FISCAL IMPACT: $7,000.00 — Phase I $23,750.00 — Paid -To -Date For Phase II $1,250.00 — Due For Phase II Total Amount For Phase I And Phase II: $32,000.00 COMMUNICATION EFFORTS: Non - Applicable. RECOMMENDATION: The City Manager Recommends That The City Commission Accept The Report As Presented And Provide Direction As Deemed Necessary Or Appropriate. Ms. Deede Weithorn, CPA, Associate Director, Berkowitz Dick Pollack & Brant, 200 South Biscayne Boulevard, Sixth Floor, Miami, Florida: addressed the City Commission on her Findings as noted in the Report. Discussion. Tape 2 /Side A CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 25, 2010 PAGE 13 OF 29 Manager Smith stated, "There are several recommendations in the report that Deede (Weithorn) and I have discussed and short of the recommendation to centralize the Purchasing Department which would involve the outlay of resources to increase headcount, I pretty much will be implementing every single one of them." Manager Smith continued, "The most general or comprehensive approach to that I believe would be the formal institution of written Purchasing Policies of which each Department would "sing from ". That would include the Sole Source justification letters that Deede (Weithorn) referenced; that would include the blanket Purchase Order methodology she referenced; the proper and consistent application of presentation of Agenda Items. So on and so Manager Smith added, "That I believe will provide consistency for you all, for myself, and I think that would be a huge outcome." !' Next, Manager Smith briefly addressed the Purchasing Policy currently on the books. Discussion. Furthermore, Manager Smith commented, "My recommendation Mayor, would be to accept the Report and I will be moving forward with those recommendations as I articulated earlier." "SO MOVED." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. REGULAR 602. Parks And Recreation Department REQUEST: Requests That The City Commission Review Information From Bentley Architects And Engineers, Inc. Regarding The Conversion Of The Civic Center To A Larger Community Center Or A Senior Wellness Center. FISCAL IMPACT: New Community Center $1,391,815.00 Conversion To Senior Wellness Center $ 333,683.00 No Funds Are Currently Budgeted For Either Project. COMMUNICATION EFFORTS: The Senior Organization And Members Have Previously Expressed An Interest In A Senior Wellness Center. If Directed To Proceed, Staff Would Again Discuss The Proposed Senior Wellness Center With Seniors For Their Input. RECOMMENDATION: Parks And Recreation Recommends That The City Commission Review Information From Bentley Architects And Engineers, Inc. Regarding The Conversion Of The Civic Center To A Larger Community Center Or A Senior Wellness Center And Provide Any Direction Deemed Appropriate. Mr. Chuck Pula, Director, Parks and Recreation Department began the discussion on this Agenda Item and introduced Mr. Gary Kranston. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 25, 2010 PAGE 14 OF 29 Mr. Gary Kranston, AIA, LEEDS® AP, Vice President, Bentley Architects + Engineers, 665 West Warren Avenue, Longwood, Florida: addressed the City Commission on the Report and Findings. Continuing, Mr. Kranston referenced the Report and stated, "You saw in a few places where he inadvertently called it a `Welcome Center', instead of a `Wellness Center'. I apologize for that error and already took care of that." Discussion followed on the need for improvements; that the facility is being rented out; revenues; and possible i7: - Grants. With further discussion, Commissioner McGinnis suggested Staff look into possibly working with area hospitals on joint programs and to generate revenue. Discussion ensued on whether there was enough parking; Grant monies; and salaries for needed Staff. Regarding the cost of salaries, Mr. Pula stated, "I need to research it and come back." Further comments. Commissioner Bonner suggested, "I would probably want to see that total Plan that says - here are all of the assets; and if we go the direction of the Wellness Center for the Seniors and we take the Grant money which comes with strings attached, therefore the Senior Center de facto becomes the interim Community Center." Commissioner Bonner also wanted to review the funding, before applying for Grant money. Mr. Pula noted, "That's my intent, is to bring back some more facts if you want us moving in that direction." Manager Smith asked, "Would the Commission be interested in an alternative that was discussed earlier where perhaps we just look at the costs of enhancing the current Civic Center that we have, through some - if I could use the Commissioner's words, some `spruce up', as maybe a near term option that would enable us to maybe attract some more revenue, by just sprucing it a little bit; and look at this as more of a long term holistic solution that will come back to you at a future date. Would you like to explore that option ?" Commissioner Krebs remarked, "I would." Commissioner McGinnis said, "Yes." Mayor Bush suggested, "Next year's Budget." No objections were voiced. With further comments, Commissioner McGinnis mentioned that there may not be Grant monies available next year and noted she would like more information. Commissioner Krebs added, "In answer to the question that the City Manager asked, `Yes, I would like those numbers'." Commissioner McGinnis said, "Bring back everything." Mayor Bush added, "More information." Manager Smith stated, "We'll come back at a future date." •• AGENDA NOTE: REGULAR AGENDA ITEM `608' WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA. •• REGULAR AGENDA REGULAR 608. Finance Department REQUEST: Requesting That The Commission Review A Utility Billing Process Improvement In The Meter -Read Schedule. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 25, 2010 PAGE 15 OF 29 FISCAL IMPACT: 1 — No Impact On Annual City Utility Revenues Or Expenditures. 2- The Customer Will Enjoy A More Consistent And Uniform Bill Amount. COMMUNICATION EFFORTS: Under The Revised Meter Read Schedule, Two Utility Bills Have Gone Out For Cycles 1 And 2 Reflecting The Date Range And Number Of Days Of Consumption In The Meter - Read Period. Further, Staff Is Evaluating The Potential Of Adding Additional Information To The Bill Which Sets Forth Prior Usage Comparison (Similar To That Of Progress Energy). RECOMMENDATION: It Is Recommended That Commission Review The Meter Reading Process Improvement And Offer Feedback As Deemed Appropriate. Ms. Kelly Balagia, Interim Director, Finance Department opened this Agenda Item for discussion. mitt Discussion. raJLti Ms. Doreen Dorucher, 600 South Edgemon Avenue, Winter Springs, Florida: commented briefly on the cycles and recent bills. "MOTION TO APPROVE OPTION `3'." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 603.1 Office Of The City Manager And Office Of The City Attorney REQUEST: Request That The City Commission Adopt Resolution 2010 -04 Establishing An Ad Hoc Charter Review Committee For Purposes Of Conducting A Formal Review Of The City Charter. FISCAL IMPACT: None. COMMUNICATION EFFORTS: 1. No Public Advertisements Are Required For This Item To Create The Committee. However, This Item, And Any Subsequent Related Item, Will Be Placed On A City Commission Agenda And Posted At City Hall And On The City's Website. 2. Charter Review Committee Meetings Will Be Noticed At City Hall And On The City's Web Site. The Committee Will Provide Opportunities For Members Of The Public To Provide Input During The Charter Review Process. 3. General Factual Information About The Charter Review Proceedings Will Be Incorporated Into The City's Newsletter, And May Be Posted On Utility Bills. 4. Any Referendum Ordinance Adopted By The City Commission Will Be Advertised In A Newspaper And Subject To A Public Hearing. Additionally, Referendum Elections Are Required To Be Noticed Twice In The Newspaper Five And Three Weeks Before The Election. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 25, 2010 PAGE 16 OF 29 5. If A Referendum Is Set By The City Commission, Any Communication Efforts By The City Will Be Subject To Section 106.113, Florida Statutes, Which Was Adopted By The Legislature In 2009. With Respect To Matters Subject To A Vote Of The Electors, That Section Provides The City May Not Expend Public Funds On Political Advertisements Or Electioneering Communication Concerning An Issue, Referendum, Or Amendment. However, That Section Seems To Allow A Municipality To Expend Public Funds For Communications Limited To Factual Information. 6. In The Past, The City Has Prepared A General Mailer To Residents Explaining Any Proposed Charter Amendments. RECOMMENDATION: The City Manager And City Attorney Recommend That The City Commission Approve Resolution 2010 -04. PCJ Attorney Garganese began the discussion on this Agenda Item. Referencing the Resolution, Attorney Garganese zwe stated, "We clarified during the Workshop that the Commission Appointments are all At- Large; they are not limited to their District and it clarified some language regarding the scope of the Charter Committee." Attorney Garganese then added, "The first task of the Committee would be to evaluate and make a recommendation on whether the provisions of the Charter are substantially consistent with the Model Charter 8th Edition; and if not, whether the City Charter should be Amended to be substantially consistent with the Model Charter or remain the same. The second task of the Charter Committee will be to address the five (5) specific provisions of the Charter that the City Commission identified during the Workshop, and those are all identified." Attorney Garganese added that the third task was "The Committee shall also be free to propose any Amendments to the Charter." "MOTION TO APPROVE WITH CHANGES DISCUSSED." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 603.2 Office Of The City Manager And Office Of The City Attorney REQUEST: Requests That The City Commission Make Appointments To The City's New Charter Review Committee, Called The "Winter Springs Ad Hoc Charter Review Committee ", If Resolution Number 2010- 04 Was Duly Approved In The Accompanying Agenda Item. FISCAL IMPACT: There Is No Specific Fiscal Impact To These Appointments. COMMUNICATION EFFORTS: This Agenda Item Has Been Distributed To The Mayor And City Commission, City Manager, And City Attorney; Placed In Press Packets; Placed In The Lobby Binder; And Will Be Available On The City's Website, Laserfiche, And The City's Server. RECOMMENDATION: The Mayor And Each City Commissioner Are Requested To Make Their Appointment(S) To The Winter Springs Ad Hoc Charter Review Committee ". CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 25, 2010 PAGE 17 OF 29 "SANDY TRAEGER" AS AN APPOINTMENT TO THE "WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE ". MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE 11...CS COMMISSIONER HOVEY: AYE MOTION CARRIED. "GEORGE ACHA" AS AN APPOINTMENT TO THE "WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE ". MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. "GEORGE MARKWARD" AS AN APPOINTMENT TO THE "WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE ". MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. "TOM FREEMAN" AS AN APPOINTMENT TO THE "WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE ". MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. Tape 2 /Side B CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 25, 2010 PAGE 18 OF 29 MAYOR BUSH STATED, "I WOULD LIKE TO NOMINATE CHARLES LACEY AS THE MAYOR'S NOMINEE." "SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MAYOR BUSH ADDED, "CHARLES LACEY" AS THE MAYOR'S APPOINTMENT TO THE "WINTER SPRINGS Al) HOC CHARTER REVIEW COMMITTEE ". VOTE: -. COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE at MOTION CARRIED. "PAM CARROLL" AS AN APPOINTMENT TO THE "WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE ". MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. "AVERY SMITH" AS AN APPOINTMENT TO THE "WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE ". MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. "STEVE GLAZIER" AS AN APPOINTMENT TO THE "WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE ". MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 25, 2010 PAGE 19 OF 29 "BILL POE" AS AN APPOINTMENT TO THE "WINTER SPRINGS Al) HOC CHARTER REVIEW COMMITTEE ". MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. "HELGA SCHWARZ" AS AN APPOINTMENT TO THE "WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE ". MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. "JOHN RYSER" AS AN APPOINTMENT TO THE "WINTER SPRINGS AD HOC CHARTER REVIEW COMMITTEE ". MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. REGULAR 604.1. Office Of The City Attorney REQUEST: Requests That The City Commission Consider Referring To The LPA (Local Planning Agency) For Recommendation A Draft Ordinance Regarding An Amendment To The City's Tree Code To Address Energy Devices Based On Renewable Resources. FISCAL IMPACT: Given Section 163.04, Florida Statutes, The Draft Ordinance May Have A Negative Impact On Future Tree Bank Contributions. COMMUNICATION EFFORTS: 1. The Ordinance Will Be Subject To Two Advertised Public Hearings Before The LPA (Local Planning Agency) And The City Commission. 2. Related Agenda Items Will Be Posted At City Hall And On The City's Website. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 25, 2010 PAGE 20 OF 29 RECOMMENDATION: The City Attorney Recommends That The Draft Ordinance Be Referred To The LPA (Local Planning Agency) For Review And Recommendation So That This Issue May Be Further Analyzed And Addressed Legislatively. Attorney Garganese began the discussion on this Agenda Item. "I WAS GOING TO MAKE A MOTION TO ACCEPT THE ATTORNEY'S RECOMMENDATION." emai MOTION BY COMMISSIONER HOVEY. DEPUTY MAYOR BROWN STATED, "IN THE MEANTIME, WE WILL STOP ALL ACTION AND DISCUSSION WITH THE CITIZEN'S INVOLVED, WHILE THIS GOES THROUGH THE PROCESS." SECONDED BY COMMISSIONER KREBS. DISCUSSION. COMMISSIONER HOVEY RESTATED HER MOTION AS "I MOVE THAT WE - ACCEPT THE ' ATTORNEY'S RECOMMENDATION TO REFER IT TO THE LPA (LOCAL PLANNING AGENCY)." t DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 604.2. Community Development Department — Arbor Division REQUEST: Requesting That The City Commission Consider A Request Of Residents Edward & Nancy Riordan For A Waiver Of The Arbor Permit Fee And Replacement Tree Credits That Are Required By Chapter 5 Of The City's Code Of Ordinances (Arbor Ordinance 2003 -22) For A Tree Removal. FISCAL IMPACT: In Addition To Time And Effort That Has Already Been Expended By Staff And The City Attorney's Office, Granting The Request For A Waiver Could Result In A Loss Of $25 In Arbor Permit Fees And A Permanent Reduction In Tree Canopy In This Area. The Impact To The City's Urban Tree Canopy Is Difficult To Determine At This Time As The Future Ramifications Of Similar Waivers Is Unknown. COMMUNICATION EFFORTS: Staff Has Been In Communication With Mr. And Mrs. Riordan For Several Months Regarding This Issue Including A Visit To The Site, On The Telephone, Through Email And Communicating In Writing. RECOMMENDATION: Staff Recommends The City Commission Consider All Provided Information And The Three (3) Proposed Options For The Waiver Request Of The Tree Removal Permit Fee And Replacement Requirement And Take Action As They Deem Appropriate. Mr. Edward Riordan, 1793 Seneca Boulevard, Winter Springs, Florida: commented on his investment of solar panels and his request to remove trees and noted that he would like to remove six (6) more trees. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 25, 2010 PAGE 21 OF 29 "I WAS GOING TO MAKE A MOTION TO POSTPONE UNTIL AFTER WE WENT THROUGH THE LPA (LOCAL PLANNING AGENCY) PROCESS, SO I WOULD LIKE TO MAKE THAT MOTION." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MCGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: NAY COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE "el COMMISSIONER BONNER: NAY rj COMMISSIONER McGINNIS: AYE MOTION CARRIED. .� ralei Discussion ensued on Mr. Riordan's interest in taking down some additional trees, to which Attorney Garganese mentioned that he thought the City's Arborist could still issue a Permit for tree removal. Discussion. Attorney Garganese said, "I don't think the City Staff - is going to impose tree replacement and a tree bank requirement until this Ordinance makes its way through the process - so, I think that issue can be deferred." Next, discussion followed on a previous Permit to remove twelve (12) trees by the Property Owner in 2003. Mr. Riordan stated, "Yes, they were in 2003." Commissioner McGinnis then asked Mr. Riordan, "Did you then fulfill the terms of that Agreement - the Tree Bank ?" Mr. Riordan responded, "Yes we did. We replanted on our own property; but the City Arborist did not come out and re- inspect." Commissioner Bonner pointed out, "I think that Mr. Riordan is fully able and capable to proceed with acquiring appropriate permitting from the City to take down the trees in question, so there is nothing prohibiting Mr. Riordan from proceeding with that action; however, the consequences of that action hang in the balance of what happens with the Ordinance, as to whether or not subsequently from that action Mr. Riordan's family would incur the removal or tree credits standard impacts." Commissioner Bonner then said to Mr. Riordan, "The opportunity rests with you to proceed or to await the approximate sixty (60) days." Manager Smith noted, "Second Reading would be first Meeting in March." Discussion followed on the Fee for processing the Application; and Waivers. Attorney Garganese remarked, "The Commission has directed that the Ordinance be sent to the LPA (Local Planning Agency) for a recommendation. If the Commission wants to grant a temporary Waiver of the tree replacement and tree bank requirement until the outcome of that Ordinance is determined, the Commission certainly can do that." Further discussion. Commissioner Bonner asked if there was a "Fee for Amending an existing Permit ?" Commissioner Bonner clarified, "The administrative aspect." Attorney Garganese said to Mr. Stevenson, "If he filed an Amended Permit Application, would you impose an additional Fee than what has already been paid ?" Mr. Stevenson stated, "If we don't have to, I would not." Following up, Commissioner Bonner commented, "Based on that, the existing Permit could be Amended to address the additional trees, which addresses the administrative seventy -five dollars ($75.00); then the outcome of the tree credits remains an issue that - hangs in balance to the outcome of the appropriate LPA (Local Planning Agency) review and Public Hearing process; that at earliest we will have an outcome decision by March the 8t'." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 25, 2010 PAGE 22 OF 29 Mr. Stevenson noted, "As long as we understand that those tree bank issues and tree credit replacements would increase because we're now talking six (6) or seven (7) additional trees and they would still be held in abeyance pending the outcome of either the LPA (Local Planning Agency) or the direction of this Commission." Discussion followed on what Staff time was involved. "I WOULD LIKE TO MAKE A MOTION TO TEMPORARILY WAIVE THE REPLACEMENT TREE CREDITS - UNTIL AFTER THE DECISION MOVES THROUGH LPA (LOCAL PLANNING L "' ° AGENCY) AND BACK TO US." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MAYOR BUSH ADDED, "DELAY THE REPLACEMENT TREE CREDIT REQUIREMENTS UNTIL THE LPA (LOCAL PLANNING AGENCY) HAS FINISHED THEIR WORK; ACTUALLY UNTIL THE COMMISSION HAS MADE A DECISION ON THE ORDINANCE." IT WAS NOTED THAT MR. RIORDAN WOULD NOT NEED TO PAY A SEVENTY -FIVE DOLLAR ($75.00) APPLICATION FEE. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. REGULAR 605. Community Development Department REQUEST: Requesting That The City Commission Remove From The Table And Reconsider A Request From Tuscawilla Home Owners [Homeowners] Association (THOA) To Donate Up To $6,000 For The Installation Of Three (3) Benches Within The Tuscawilla Subdivision. FISCAL IMPACT: Depending Upon The Decision Of The City Commission, The Following Would Be The Resulting Impacts On The City's Operating Budget: A) If The City Commission Chooses Option 1, The City Would Be Responsible To Fund Repairs And Maintenance For The Benches As Long As They Are Installed And Available For Public Use. The Actual Costs Would Be Determined By Unforeseen Field Conditions And Could Include Repair Of Damage From Accidents Or Vandalism. Significant Maintenance Costs Would Result In Staff Recommending Removal Of The Benches. B) If The City Commission Chooses Option 2 Or 3, There Would Be No Funding Required By The City. COMMUNICATION EFFORTS: THOA (Tuscawilla Home Owners [Homeowners] Association) Has Communicated With The Tuscawilla Community Regarding The Donation Of Benches To The City And The Concept Has Been Generally Well Received, With The Condition That They Not Be Installed Adjacent To Any Homeowner Association Property Or Private Property. THOA (Tuscawilla Home Owners [Homeowners] Association) Has Discussed This Issue At Their Board Meetings And Has Received Input From Surrounding Homeowners Associations As To The Acceptable Placement Of The Proposed Benches. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 25, 2010 PAGE 23 OF 29 RECOMMENDATION: Staff Recommends The City Commission Reconsider This Item Reviewing All Information Including The Three (3) Proposed Options Shown Above And Take Action As They Deem Appropriate. If Option 1 Or 2 Is Approved, Staff Recommends The City Commission To Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Agreements Required For This Project. "MOTION TO REMOVE FROM THE TABLE." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. ail NZ VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE kas COMMISSIONER KREBS: AYE, COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Mr. Stevenson commented on this Agenda Item and mentioned the only current options to now choose from (as noted in the Agenda Item) were "1)" or "3) ". Regarding the offer, Commissioner Krebs suggested to the City Commission, "Accept it, and you can do whatever you want with it." "I MAKE A MOTION JUST TO GO WITH NUMBER `1)'." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: NAY DEPUTY MAYOR BROWN: AYE MOTION CARRIED. REGULAR 606. Parks And Recreation Department REQUEST: Requests That The City Commission Reconsider Doing A July 4, 2010 Celebration Of Freedom Similar To Last Year Except Charging For Parking And Or An Entry Fee. FISCAL IMPACT: General Fund Reserve Budget $48,700.00 Less Project City Sponsorships/Vendors $20,000.00 Less Cox Radio Group $ 7,500.00 Total Estimated General Fund Exp. (Expenditures) $21,200.00 Less Parking And/Or Admission Fees From Event Parking Company $ COMMUNICATION EFFORTS: No Efforts Are Needed At This Time. However, If Any Fee Is To Be Charged It Will Need To Be Put On E- Citizen, City Website, Local Media, Posters, Signage At The Event, Etc. We Would Do Our Best To Inform Those Who Are Considering Attending And Those Who Attend About The Fee(s). CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 25, 2010 PAGE 24 OF 29 RECOMMENDATION: Parks And Recreation Recommends That The City Commission Reconsider Doing A July 4 Celebration Of Freedom Similar To Last Year Except Charging Of A Parking And/Or Admission Fee Or Any Action The City Commission Deems Appropriate. Tape 3 /Side A Discussion. Commissioner Krebs remarked, "Wasn't the City Manager going to wait until the end of the first quarter and - look to see what he could come up with ?" PCP MOTION TO TABLE. MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Commissioner McGinnis left the dais at approximately 9:20 p.m. REGULAR 607. Office Of The City Clerk REQUEST: Requests That Deputy Mayor Rick Brown Make An Appointment To The Beautification Of Winter Springs Board To Fill A Currently Open Seat, Due To An Advisory Board Member's Absences Not Meeting Code. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Proposed Appointment. COMMUNICATION EFFORTS: Based On Discussions With Deputy Mayor Rick Brown Who Was Contacted About This Vacancy, No Other Specific Communication Efforts Were Needed Or Requested. RECOMMENDATION: Deputy Mayor Rick Brown Is Respectfully Requested To Make An Appointment To The Beautification Of Winter Springs Board. Deputy Mayor Brown commented briefly on this Agenda Item. MOTION TO APPOINT ROBERTO CARLOS ACEVEDO TO THE BEAUTIFICATION OF WINTER SPRINGS BOARD. MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 25, 2010 PAGE 25 OF 29 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE (VOICE VOTE AUDIBLE FROM THE ROOM BEHIND THE DAIS) DEPUTY MAYOR BROWN: AYE `- COMMISSIONER HOVEY: AYE MOTION CARRIED. Commissioner McGinnis returned to the dais at approximately 9:22 p. m. Cg REGULAR =7,J 609. Utility Department REQUEST: Requesting Approval Of Agreements With The City Of Sanford And Maxwest Environmental Systems For Biosolids Disposal. FISCAL IMPACT: The Increase In Disposal Costs From $0.065 To $0.085 Per Gallons Results In An Annualized Increase Of Approximately $70,000 In The Sludge Disposal Cost. For The Balance Of This Fiscal Year, We Project A Need Of $40K Which Will Be Transferred From The SR 46 Alternative Water Study Project. COMMUNICATION EFFORTS: No Extras Communication Efforts Are Necessary At This Time. RECOMMENDATION: It Is Recommended That The City Commission Approve The Biosolids Disposal Agreement With Maxwest And Interlocal Agreement For Long Term Treatment And Use Of Biosolids With The City Of Sanford And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. Mr. Lockcuff reviewed this Agenda Item with the City Commission. Discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 610. Office Of The City Attorney REQUEST: Requests The City Commission Provide Direction Regarding The Completion Status Of The Phase H Office Building At The Vistawilla Office Center Located Along State Road 434, And To Grant The Property Owner Additional Time To Complete The Phase II Office Building. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 25, 2010 PAGE 26 OF 29 FISCAL IMPACT: The Construction Of The Phase II Office Building Will Have A Positive Impact On The City's Commercial Tax Base When It Is Constructed. For Example, The Current Assessed Value Of The Phase I Vistawilla Office Center Building Is $5,213,271.00 The Total 2009 Tax Bill Amount For That Building Is $94,335.00, Of Which $12,884.08 Was For Winter Springs Ad Valorem; $573.46 For Winter Springs Bonds; And $12,146.40 For Fire. That Positive Tax Impact Was Intended To Off -Set The City's Economic Development Grant To The UCF (University Of Central Florida) For The Business Incubator Program. In The Event The Phase II Office Building Is Not Completed, Vistawilla Office Building, LLC Has A Contractual Obligation To Pay The City Up To $200,000 Depending On How Long It Takes Them To Complete Construction Of The Phase H Building After The Completion Date. That Obligation Is Memorialized In The Fifth Modification Of Developer's Agreement Which Is Recorded In Seminole County ORB 6858, Pgs [Pages]1286 -1289. COMMUNICATION EFFORTS: 1. This Agenda Item Is Not Subject To Any Special Advertising Requirements. Therefore, This Item Was Only Posted At City Hall And Posted On The City's Web Site. 2. A Copy Of This Agenda Item Was Provided To One Of The Listed Managers Of The Vistawilla Office Center, LLC, David Mcleod, Prior To The Meeting. RECOMMENDATION: The City Attorney Recommends That The City Commission Extend The Completion Date Deadline For The Phase H Office Building At The Vistawilla Office Center Until October 29, 2011, In Light Of Provisions Set Forth In SB (Senate Bill) 360. Further, The City Commission Should Conduct Additional Periodic Reviews Of The Completion Deadline As Conditions Warrant. In Addition, The City Attorney Recommends That The City Commission Authorize The City Attorney Prepare A Legal Instrument To Memorialize The City Commission's Decision Made Pursuant To This Agenda Item, And Authorize The City Manager To Execute The Same On Behalf Of The City. Attorney Garganese spoke on this Agenda Item and gave an update. Continuing, Attorney Garganese suggested, "My view was to go ahead and give the two (2) year extension on the build -out date, unless the City Commission wants to take any other action, at this time." "MOTION TO GO WITH ANTHONY'S (GARGANESE) RECOMMENDATION." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. MAYOR BUSH SUMMARIZED, "MOTION TO EXTEND THE DEADLINE FOR TWO (2) YEARS AS OUTLINED IN SENATE BILL 360." VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 25, 2010 PAGE 27 OF 29 REGULAR 611. Office Of The City Attorney REQUEST: The City Attorney Seeks Direction From The City Commission Regarding A Request Made By The Tuscawilla Country Club (RDC Golf Group) To Modify The Completion Date Of The Last Remaining New Tennis Court Which Is Required To Be Constructed Under The Third Amendment To Settlement Agreement Between The City And The Club. :—�- FISCAL IMPACT: None. NOTE: Unrelated To The 4 Tennis Court, The Owner Still Owes The City For The Second And Final $12,500.00 Installment Of The TLBD Beautification Supplemental Contribution a" Which Was Due On September 9, 2009. See Paragraph 7.0 Of The Third Amendment. The Owner Indicated To The City Attorney That They Were Hoping To Make Payment In Conjunction With The Sale .``, Of The Greens At Tuscawilla Project, Which Has Not Materialized. COMMUNICATION EFFORTS: Not Applicable. RECOMMENDATION: The City Attorney Recommends That The City Commission Consider The Request And Provide Direction On Whether Or Not The City Commission Desires To Amend The Construction Deadline Imposed On The 4 New Tennis Court Required Under The Third Amendment This Agenda Item was introduced by Attorney Garganese. Discussion followed on the City's involvement in this issue. Mr. Bill Shiles, General Manager, Tuscawilla Country Club, 1500 Winter Springs Boulevard, Winter Springs, Florida: commented on the tennis courts, and related costs. Commissioner Krebs said to Mr. Shiles, "You want the opportunity to build it whenever you feel you need it ?" Mr. Shiles responded, "We would like some latitude there, yes." Mr. Shiles added, "When the demand is there." With further discussion, Mr. Shiles stated, "We have full intention of building the 10 court - but, as the demand is there." Discussion followed on the twelve thousand five hundred dollars ($12,500.00) final installment; and why it has not yet been paid by the Tuscawilla Country Club. With further comments that the twelve thousand five hundred dollars ($12,500.00) final installment should be paid by Tuscawilla Country Club, Mr. Shiles said, "I will pass that on to my principals. I can't write the check." Discussion. Deputy Mayor Brown suggested, "Like we did in another case earlier tonight - extend it for a date certain." Deputy Mayor Brown also added, "And we do that on contingency of getting payment." Commissioner Krebs asked, "We don't know when they are going to start building - would you agree to maybe not the date, but the number of units built like we did before; maybe extending that a little bit more, giving them a little bit more leeway and then maybe - before the last twenty-five percent (25 %) are built, you won't get a C.O. (Certificate of Occupancy) ?" Deputy Mayor Brown said, "That would be fine." Attorney Garganese said, "I can go back and talk to Matt Galvin, one of the principals; to see if there is some other alternative way to establish a deadline, including periodic review." With additional comments, Attorney Garganese suggested, `Be happy to consider alternatives once the City gets the remaining installment." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 25, 2010 PAGE 28 OF 29 "MAKE THAT SO. THAT IS MY MOTION." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. MAYOR BUSH SUMMARIZED, "THE MOTION IS ONCE THE COUNTRY CLUB PAYS THE TWELVE THOUSAND FIVE HUNDRED DOLLARS ($12,500.00) WHICH IS OWED, THEN THE ATTORNEY WILL START NEGOTIATING ALTERNATIVES." PMiau MR. SHILES STATED, "I HAVE A NEW CULTURE TO CHANGE - WHATEVER THE PAST Nimicg TENSIONS WERE BETWEEN THIS COMMISSION AND THE CLUB AND I VOW TO TRY TO DO THAT IN ANY WAY I CAN. WE DO WANT TO BE A FRIEND TO THE COMMISSION, A FRIEND MI TO THE COMMUNITY, AND - A GOOD NEIGHBOR; AND THAT IS ONE OF MY GOALS." VOTE: itaiej COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. • AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS DISCUSSED NEXT, AS DOCUMENTED. ❖ ❖ REPORTS REPORTS 407. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs asked Manager Smith, "Is it possible to get with Staff and Department Heads and when they write items, actually give a recommendation, not whatever the Commission desires. I would really like to know. They are professionals." Commissioner Krebs suggested, 'Our recommendation is...', `Because...'." Manager Smith responded, "Certainly. I pledged to this Commission that if there is one thing I was going to do is give you all options - all options. Not just the one I like - all options. But, I would be happy to focus more in on recommendations." In other City business, discussion followed on the new Workshop process, prior to Regular Meetings. "I MAKE A MOTION THAT WE DO AWAY WITH DOING THE WORKSHOPS BEFORE THE MEETINGS." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MAYOR BUSH NOTED, "THE (REGULAR) MEETING THEN WOULD START AT 5:15 [P.M.]. WE REVERT BACK." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 25, 2010 PAGE 29 OF 29 VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. "CZ ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 9:56 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO - LUACES, MMC CITY CLERK APPROVED: MAYOR JOHN F. BUSH NOTE: These Minutes were approved at the , 2010 City Commission Regular Meeting.