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HomeMy WebLinkAbout_2010 04 26 City Commission Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES REGULAR MEETING MONDAV, APRIL 26, 2010 - 5:15 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 - APRIL 26, 2010 PAGE 2 OF 22 CALL TO ORDER The Regular Meeting of Monday, April 26, 2010 of the City Commission was called to Order by Mayor John F. Bush at 5:17 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Rick Brown, present Commissioner Jean Hovey, present Commissioner Gary Bonner, arrived at 5:20 p.m. Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present •3 ❖ AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS WERE PRESENTED FIRST, IN THE ORDER NOTED, FOLLOWED BY THE REST OF THE AGENDA AS DOCUMENTED. ❖ d• AWARDS AND PRESENTATIONS Discussion. Commissioner Gary Bonner arrived at 5: 20 p.m. The City Commission and City Manager Kevin L. Smith assisted Mayor Bush with the following Awards and Presentations. AWARDS AND PRESENTATIONS 300. Office Of The Mayor Presenting A Certificate Of Recognition To Mr. Cesar Chin, A Winter Springs High School Student In Honor Of His Valuable Contributions Through His Community Assistance To The City Of Winter Springs. A Certificate of Recognition was presented to Mr. Cesar Chin for his valuable contributions to the City of Winter Springs. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — APRIL 26, 2010 PAGE 3 OF 22 AWARDS AND PRESENTATIONS 301. Office Of The Mayor Presenting A Proclamation To Mr. Bob Rucci In Honor Of His Incredible Contributions To The City Of Winter Springs And The "Hound Ground" Dog Park, In Cooperation With F.L.O.P. (Friends Of Leash Optional Parks). A Proclamation was presented to Mr. Bob Rucci recognizing his contributions to the City of Winter Springs and the City's "Hound Ground" Dog Park. Discussion. Mayor Bush commented on Mr. Rucci's efforts and also complimented Mr. Chuck Pula (Director, Parks and Recreation Department) and stated, "The Park is really very nice and I appreciate - what Chuck (Pula) has done when he brings something before the Commission, in terms of our Parks, it is always first class and I think our Commission has taken the standpoint over the years, if you can't do it right, don't do it — if you are going to do it, let's do it the way it should be done. And I think Chuck (Pula) has been providing leadership in that and our Parks for years, and we appreciate it Chuck (Pula)! And Bob (Rucci), thank you for all your efforts and your friends in F.L.O.P. (Friends Of Leash Optional Parks)!" AWARDS AND PRESENTATIONS 302. Office Of The Mayor Presenting A Proclamation To The Office Of The City Clerk In Honor Of Municipal Clerks Week 2010 — May 2"d Through May 8`h, 2010. No discussion. AWARDS AND PRESENTATIONS 304. Office Of The Mayor Presenting A Proclamation To The Winter Springs Police Department In Honor Of Their Exceptional Efforts In The April 2010 Search And Rescue Of Eleven Year Old Winter Springs Resident Nadia Bloom. A Proclamation was presented to the Winter Springs Police Department for their efforts related to the April 2010 Search and Rescue of eleven (11) year old Winter Springs resident Nadia Bloom. Discussion. AWARDS AND PRESENTATIONS 303. Office Of The Mayor Presenting A Proclamation To Chief Of Police Kevin Brunelle In Honor Of His Tremendous Leadership During The April 2010 Search And Rescue Of Eleven Year Old Winter Springs Resident Nadia Bloom. Chief of Police Kevin P. Brunelle was presented with a Proclamation for leading the April 2010 Search and Rescue of eleven (11) year old Winter Springs resident Nadia Bloom. CITY OF WINTER SPRINGS, FLORMA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 2010 PAGE 4 OF 22 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. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. No discussion. INFORMATIONAL 101. Information Services Department REQUEST: Wishes To Inform Commission Of The Recently Revised Employment Application Which Can Now Be Electronically Filled And Submitted From The City Web Site. FISCAL IMPACT: $0. There Is No Cost For The Revamp Of This Form. COMMUNICATION EFFORTS: This New Form Will Be Promoted Via The City's Website Under News And Events, eCitizen, And RSS Feeds. RECOMMENDATION: For Informational Purposes Only. There was no discussion on this Agenda Item. INFORMATIONAL 102. Public Works Department REQUEST: Providing Results Of The City's Recent Application To The Florida Energy And Climate Commission For An Energy Efficiency And Conservation Block Grant. FISCAL IMPACT: No Funding Is Requested With This Agenda Item. The Total Cost Of CPH's Services To Prepare The Grant Application Was $2,000.00, Which Was Below The Not -To -Exceed Amount Of $5,000.00 Approved At The January 11, 2010 City Commission Meeting. COMMUNICATION EFFORTS: No Extra Communication Efforts Are Necessary At This Time. RECOMMENDATION: None. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 2010 PAGE 5 OF 22 INFORMATIONAL 103. Public Works Department - Stormwater Division REQUEST: Providing Information To The City Commission On The Upcoming Florida Friendly Landscaping Workshop On May 6, 2010. FISCAL IMPACT: No Funding Is Requested As Part Of This Agenda Item. The City Participates With Seminole County And Its Incorporated Cities In The Florida Yards Neighborhoods (FYI) Program With An Annual Subscription Of $3,000.00, Funded By The Stormwater Engineering Fund, Which Was Authorized By The City Commission On November 24, 2008. This Workshop Is Part Of The Overall FYN Program. COMMUNICATION EFFORTS: The Workshop Schedule Has Been Posted On The City's Website. Flyers Have Been Made Available At The City Hall Lobby And Other City Buildings. Flyers Were Also e- Mailed To All Homeowners Associations And To The City's e-Alert Distribution List. RECOMMENDATION: None. This Agenda Item was not discussed. "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Office Of The City Manager REQUEST: Requesting That The City Commission Approve Resolution 2010-18 Designating The City Manager, Finance Director And The Public Works/Utility Director As Authorized Representatives To Execute Documentation Required By REGIONS BANK On Behalf Of The City Of Winter Springs. FISCAL IMPACT: This Will Permit The Finance Director To Monitor The Account And Request Dispersements When Appropriate. COMMUNICATION EFFORTS: A Custody Agreement Will Be Send To REGIONS BANK To Have On File For Future Reference. RECOMMENDATION: The City Manager Recommends That The Commission Approve Resolution 2010- 18, Which Designates The Authorized Representatives To Execute Documentation With REGIONS BANK. No discussion. CITY OF WINTER SPRINGS, FLORMA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 2010 PAGE 6 OF 22 CONSENT 201. Office Of The City Manager REQUEST: Requesting That The City Commission Approve Resolution 2010-19 Designating The City Manager, Finance Director And The Public Works/Utility Director As Authorized Representatives To Execute Documentation Required By BANK OF NEW YORK On Behalf Of The City Of Winter Springs. FISCAL IMPACT: This Will Permit The Finance Director To Monitor The Account, Invest And Appropriate Funds. COMMUNICATION EFFORTS: A Signature Card Will Be Send To BANK OF NEW YORK To Have On File For Future Reference. RECOMMENDATION: The City Manager Recommends That The Commission Approve Resolution 2010- 19, Which Designates The Authorized Representatives To Execute Documentation With BANK OF NEW YORK. This Agenda Item was not discussed. CONSENT 202. Office Of The City Manager REQUEST: Requesting That The City Commission Approve Resolution 2010-20 Designating The City Manager, Finance Director And The Public Works/Utility Director As Authorized Representatives To Execute Documentation Required By PFM (Public Financial Management, Inc.) On Behalf Of The City Of Winter Springs. FISCAL IMPACT: This Will Permit The Finance Director To Monitor The Account And Optimize The Investment Returns. COMMUNICATION EFFORTS: A Certificate Of Action Will Be Send To PFM (Public Financial Management, Inc.) To Have On File For Future Reference. RECOMMENDATION: The City Manager Recommends That The Commission Approve Resolution 2010- 20, Which Designates The Authorized Representatives To Execute Documentation With PFM (Public Financial Management, Inc.). No discussion. CONSENT 203. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The April 12, 2010 City Commission Regular 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 2010 PAGE 7 OF 22 RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The April 12, 2010 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY DEPUTY MAYOR BROWN. SECONDED. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. 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 expenses, the Budget process, Workshops and possible Town Hall Meetings. Regarding holding Town Hall Meetings, Commissioner Sally McGinnis suggested, "I support it - do them all in City Hall." Commissioner Joanne M. Krebs asked what was done to get all the attendees to last year's Visioning Meetings - to which Manager Smith referenced some of what was done last year in terms of marketing the Meetings. In agreement with Commissioner Krebs, Manager Smith referenced a detailed list which he said included "Advertising in the Water Bills - we can also utilize our new sign, so on and so forth. So I think we could simply mirror that marketing campaign." Commissioner Krebs asked, "Can we follow that plan perhaps?" Manager Smith responded by saying, "Absolutely." Mayor Bush suggested, "In light of what has just been said, maybe the Manager could - put together a plan that you can bring back to the Commission for Approval." Commissioner Bonner noted, "I would really like to hear your Staff read-out and ideas about closing Budget gaps and so on and whether that is in regular session or in Workshop or Special Meeting session and then offer the public the opportunity to come in after your Staff work is Public Record. I would love to hear the public's feedback on your presentation, your ideas, your thoughts, prior to us getting into the sleeve rolling, debating process." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 2010 PAGE 8 OF 22 Mayor Bush added, "I think if any of the Commissioners who have any comments about this, should get with Kevin (Smith) individually, let him know and then come back." With further comments, Mayor Bush said, "Commissioners, I encourage you to speak with Kevin (Smith) individually about any idea you might have" and noted that the intent is to have as many residents attend as possible. Lastly, Mayor Bush noted, "I always like to remind all of you all sitting out there as well as the Commission, that Kevin (Smith) and the Staff did a great job cutting $1.7 million [dollars] out of our Budget, and without reducing City services - what a job that he (Kevin Smith) did, and the Department Heads, as well as the rest of the employees." REPORTS 402. Office Of The City Clerk— Andrea Lorenzo-Luaces, MMC City Clerk Andrea Lorenzo-Luaces asked the City Commission if they would be agreeable to holding off on notifications about upcoming Advisory Board and Committees Re -Appointments, due to pending Ordinance changes coming from the Office of the City Attorney, that the City Commission had originally requested. Mayor Bush asked the City Commission, "Any problems?" Commissioner Bonner stated, "That is fine with me from a timeline standpoint". No objections were heard. Commissioner Bonner added, "With our expanded communications capability, do we have some new ways to alert the public to the possibility of vacancies and/or the opportunity for some Appointments that they might want to come forth and present themselves as candidates?" City Clerk Lorenzo-Luaces said it could be added to the City's Website. Commissioner Bonner suggested information be included in the next Insider and sent out via eAlerts, etc. Manager Smith noted, "The next Insider just to answer that, is to be consistent with the 4t' of July Event, but all those other mechanisms are surely at our disposal." REPORTS 403. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Jean Hovey mentioned that she served as a Judge last week at Oviedo High School on their Senior Project and encouraged other Commissioners to do the same in the future. REPORTS 404. Office Of Commissioner Seat Two/Deputy Mayor — The Honorable Rick Brown No Report. CITY OF WINTER SPRINGS, FLORMA MINUTES CITY COMMISSION REGULAR MEETING — APRIL 26, 2010 PAGE 9 OF 22 REPORTS 405. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Bonner commented on the recent Leadership Seminole Character Key Video Judging Contest that he participated in and noted that the 2°d Place winner was Winter Springs High School, and l' Place went to Oviedo High School. Deputy Mayor Rick Brown mentioned that Bright HouseTM is assisting the students by letting them use their professional studio and turning their Videos into Public Service Announcements which will be shown on their station and they will make all of the Videos available "On Demand". Deputy Mayor Brown suggested we try to get Winter Springs and Oviedo's Videos to show at the next City Commission Meeting. Commissioner Bonner thought that was a good idea. Manager Smith noted, "We'll take care of that." Mayor Bush asked if the Winter Springs and Oviedo Videos could be shown on our Website? Manager Smith added, "We'll look into that." REPORTS 406. Office Of Commissioner Seat Four— The Honorable Sally McGinnis Commissioner McGinnis commented on how great the City's "Hound Ground" Dog Park is and encouraged everyone to visit it. Next, Commissioner McGinnis commented on the recent rescue effort of Nadia Bloom and commented on our great Police Department and our low crime rate and suggested, "I think it is important that we as a City continually remind our citizens either in our Newsletter - we can blow our horn; we can remind people about the Website, a banner —'lowest crime rate in Seminole County'." REPORTS 407. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs commented on a recent newspaper article and complimented the Law Enforcement Agencies on how they responded to the newspaper article. Next, Commissioner Krebs also addressed the Winter Springs High School and Oviedo High School winning video entries in the Leadership Seminole Character Key Video Judging Contest. Commissioner Krebs asked if the students should be invited to attend? Deputy Mayor Brown said, "That would be great." Commissioner Bonner remarked, "That is a great idea." Commissioner Krebs added, "I agree." No objections were voiced. Further comments ensued on the Newspaper article and details related to the Search and Rescue effort of Nadia Bloom. REPORTS 408. Office Of The Mayor — The Honorable John F. Bush Mayor Bush commented on issues with different governmental entities regarding the possibility of increasing the Sales Tax, and that he had hoped for more unity and leadership. CITY OF WINTER SPRINGS, FLORDA MINUTES CITY COMMISSION REGULAR MEETING — APRIL 26, 2010 PAGE 10 OF 22 Next, Mayor Bush mentioned he had attended some recent meetings and had given papers from such meetings to the City Clerk. Continuing, Mayor Bush noted that he attended a recent School Board Meeting related to maintenance. Mayor Bush advised the City Commission that he had invited individuals running for Elected Office to introduce themselves at City Commission Meetings. Deputy Mayor Brown commented that Mr. Matt Matisak had been appointed as the Interim Chair of the Seminole Behavioral Health Care Agency. Tape 1/Side B Commissioner Bonner also mentioned that he and Deputy Mayor Brown serve on the Board of the Seminole Behavioral Health Care Agency and invited anyone interested in more information about this Agency to attend a meeting this Friday, April 30`h, 2010, at three o'clock at the Sanford Civic Center. Mayor Bush remarked about the costs related to running for Election, including local government and said, "I would like to see the Commission consider that in the "Insider" before the Primary Election, and maybe for the General Election that we run, "Who's Running in - Winter Springs", not a campaign ad, but this is who they are, this is where they live - the general things; and this is something Anthony (Garganese) would have to research." Furthermore, Mayor Bush noted, "I just want you to think about it. Talk to Kevin (Smith) about it. I know Kevin (Smith) will talk to the Attorney about it and see if it is something we can legally do." Next, Mayor Bush commented on a Commissioner's Text Messaging Company and suggested the Commissioner "Reconsider his decision not to let the Commission consider this". Mayor Bush also thought the City Commission should consider this service. In other City business, Commissioner McGinnis suggested that the City host a Candidate Night. Mayor Bush said to Manager Smith, "Why don't you put that on your `To think about' list. That is not a bad idea either. I like that too." Discussion followed on a "Thank You" Event related to the Nadia Bloom Search and Rescue Effort planned for Trotwood Park. Mayor Bush mentioned that he would have liked to have attended this Event. Mayor Bush added, "We don't like to miss things like that." Mayor Bush suggested that for similar events, "I think that is something that I would like to see brought before the Commission - so dates can be agreed upon by the Mayor and City Commission." Further comments followed on the kind efforts of the company hosting the "Thank You" Event related to the Nadia Bloom Search and Rescue Effort; that all Agencies involved were invited; and how the City Manager can best get information to the City Commission in between City Commission Meetings. Discussion. Deputy Mayor Brown stated, "I thought we had established a Policy back then which governed when and how the City brand was used and that it was only to be used with the express Approval of the Commission as a whole. And so, if we haven't done that then maybe there is a Policy that needs to be put in place and the City Manager has it firmly in his control of when the City Logo, the City Seal, `The City of Winter Springs cordially invites you...' can be used officially." Commissioner McGinnis said, "I agree." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 2010 PAGE I 1 OF 22 Furthermore, comments followed on whether the City Commission could be contacted individually. Attorney Garganese noted, "He can contact you just to get your view, but the Commission can't vote unless you are in a Public Meeting." Mayor Bush then said to Manager Smith, "Why don't you talk to Anthony (Garganese) about that..." Manager Smith stated, "...Sure..." Mayor Bush added, "...Bring it back at another Meeting and bring us up-to-date." Next, Mayor Bush noted that Winter Springs has been asked to Approve representation on the Seminole County Expressway Authority (SCEA) and suggested that the Council of Local Governments in Seminole County (CALNO) is recommending that Lake Mary Deputy Mayor Gary L. Brender be Reappointed. Mayor Bush added, "Our Commission needs to Approve that." "MOTION TO APPROVE." MOTION BY COMMISSIONER MCGINNIS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. MAYOR BUSH SUMMARIZED, "MOTION TO APPROVE GARY BRENDER AS OUR REPRESENTATIVE ON THE SEMINOLE COUNTY EXPRESSWAY AUTHORITY (SCEA)." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER MCGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. Mayor Bush said to City Clerk Lorenzo-Luaces, "You will let them know?" City Clerk Lorenzo-Luaces nodded in agreement. PUBLIC INPUT Ms. Nancy Christman, Intergovernmental Coordinator, St. Johns River Water Management District, 975 Keller Road, Altamonte Springs, Florida: addressed the City Commission and commented on her support of the City's Landscape Irrigation Ordinance and added, "I appreciate the work that your Staff, Kip Lockcuff (Director, Public Works, Utility Departments) and Stephanie Wolfe Water (Conservation Coordinator, Public Works Department) have done on the Ordinance and working with me to have an Ordinance that's consistent with the District's rule." Continuing, Ms. Christman also mentioned an upcoming "Conservation Cost -Share Program" that the City might be interested in; and that St. Johns River Water Management District is considering strengthening water conservation requirements in their rules, which would affect Consumptive Use Permits and Environmental Resource Permits and thought City Staff should participate in the rule making process, "And provide comments from a local level because it is important that our Agency know what is important to the local governments." Mayor Bush noted, "I know that Kip (Lockcuff, P.E. Director, Public Works/Utility Departments) will be on top of this, as well as the Manager." Mr. Robert King, 2211 Black Hammock, Oviedo, Florida: commented on conservation lands and projects related to Lake Jesup; suggested fencing the Minter property; and mentioned that the City Commission can support such efforts. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 2010 PAGE 12 OF 22 Mayor Bush suggested to Mr. King, "Work with keeping our Manager up to speed on everything". Further comments followed on the recent Search and Rescue of Nadia Bloom; and possible fencing as a conservation asset. Commissioner Bonner thought that possibly the City Manager and /or Staff could review past decisions and could consider a "Public safety step could be taken that hopefully would prevent an incident of this nature from occurring again." Discussion. City Clerk Lorenzo-Luaces departed the Meeting at 6: 29 p.m. Ms. Joan Brown, Deputy City Clerkjoined the Meeting at 6:29 p.m. Ms. Chris Blackwell, 711 Sybilwood Circle, Winter Springs, Florida: representing the Indian Trails Middle School PTSA, Ms. Blackwell asked about the status of the Indian Trails Middle School being able to install an electronic sign. Mayor Bush commented on the Code being changed; and Ms. Blackwell thanked Commissioner Hovey for her assistance. Mr. Craig S. Miller, 1803 Bridgewater Drive, Lake Mary, Florida: noted he was a resident of Seminole County; that he was running for United States Congress from District 24; and spoke about his background. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Utility Department REQUEST: Requesting The City Commission Approve On Second Reading Ordinance # (Number) 2010- 1E Which Amends The City's Irrigation Rules And Regulations. FISCAL IMPACT: No Funding Is Required At This Time. It Is Likely That The Reduction To Once Per Week Potable Water Irrigation Will Result In Some Reduction In Revenues In The Future. COMMUNICATION EFFORTS: The Lead Role In Educating The Public On Changes To The Rule Will Be Undertaken By The Water Conservation Coordinator Position Which Has Been Filled By Stephanie Wolfe. Efforts Will Include A New Water Conservation Web Page, Proactive Customer Contact With High Users, School Education Program, Mailers And Presentations To Any Interested Groups (HOA's, [Homeowner's Association] Etc.). The Approach Will Be Education Before Enforcement. RECOMMENDATION: Staff Recommends The City Commission Hold A Public Hearing And Adopt On Second Reading Ordinance 2010-11 Amending Chapter 19 Of The Code Of Ordinances Regarding Landscape Irrigation. City Attorney Anthony A. Garganese read the Ordinance by "Title" only. Mr. Lockcuff mentioned, "No changes since First Reading."` Mayor Bush opened the "Public Input" portion of the Agenda Item No one spoke. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 2010 PAGE 13 OF 22 Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE (ORDINANCE 2010-11) ON SECOND READING." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department — Planning Division And The Office Of The City Attorney REQUEST: Request That The City Commission Hold A Second Reading And Adoption Public Hearing For Ordinance 2010-09, Which Abolishes The Board Of Adjustment And Provides For Its Responsibilities To Be Reallocated To The Planning And Zoning Board. FISCAL IMPACT: Elimination Of The Board Of Adjustment Will Reduce City Expenses Particularly Related To The City Clerk's Department. COMMUNICATION EFFORTS: Feb. (February) 1, 2010 - Commission Workshop To Review Citizen Boards And Committees Commission Agenda Items Are Posted In City Hall And Posted On City's Website April 12, 2010 - 1" Reading Of Ordinance Before The City Commission April 15, 2010 - Public Noticing In Orlando Sentinel (10 [Ten] Days Prior To Adoption) RECOMMENDATION: The Community Development Department — Planning Division And The City Attorney Request That The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2010-09 (Reallocating The Duties Of The Board Of Adjustment To The Planning And Zoning Board). Attorney Garganese read Ordinance 2010-09 by "Title" only. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department briefly addressed the Commission. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE (ORDINANCE 2010-09) ON SECOND READING." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 2010 PAGE 14 OF 22 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department REQUEST: Requests The Commission Consider The Aesthetic Review For The Starlight Baptist Church Basketball Court Enclosure, Located At The Northwest Corner Of Hayes Road And East Bahama Road. FISCAL IMPACT: No Property Taxes Are Assessed On The Site. Permit, Utility Connection, And Impact Fees Will Be Collected. COMMUNICATION EFFORTS: No Further Efforts Have Been Made For The Aesthetic Review, Beyond Those Routinely Done By The City Clerk's Office. RECOMMENDATION: Staff Recommends That The City Commission Approve The Aesthetic Review Plans. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item for discussion. Discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 2010 PAGE 15 OF 22 PUBLIC HEARINGS 503. Community Development Department REQUEST: Presents To The City Commission The Districting Commission's Recommendation For The City Commission District Boundaries, Reflecting The January 31, 2010 Population, And Requests The City Commission Approve First Reading Of Ordinance 2010-12, To Pass It To Second Reading. FISCAL IMPACT: The Only Impact Will Be New Maps, Staff Time, The City Attorney's Time To Draft Ordinance No. (Number) 2010-12, And Payment To The Committee Members. COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The Agenda Are Necessary In Conjunction With This Agenda Item. RECOMMENDATION: The Districting Commission And Staff Recommend That The City Commission Accept The Districting Commission's Proposed Districting Map With The Proposed District Boundaries And Approve The Associated Ordinance No. (Number) 2010-12. Mayor Bush stated, "Do we have a Motion to read by `Title' only?" "SO MOVED." MAYOR BUSH STATED, "MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BROWN." DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO MOVE TO SECOND (READING)." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER MCGE* NIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 2010 PAGE 16 OF 22 REGULAR AGENDA REGULAR 600. Community Development Department REQUEST: Requests The Commission Consider The Final Engineering/Site Plan For The Starlight Baptist Church Basketball Court Enclosure And Other Improvements, Located At The Northwest Corner Of Hayes Road And East Bahama Road. FISCAL IMPACT: No Property Taxes Are Assessed On The Site. Permit, Utility Connection, And Impact Fees Will Be Collected. COMMUNICATION EFFORTS: The Planning And Zoning Board Agenda Of April 2, 2010 Was Advertised In Accordance With City Clerk Policy Including Posting On The City's Web Site And Laser Fiche. No Further Efforts Have Been Made For The Final Engineering/Site Plan, Beyond Those Routinely Done By The City Clerk's Office. RECOMMENDATION: Staff Recommends Approval Of The Final Engineering/Site Plan For The Starlight Baptist Church. Mr. Baker began this Agenda Item discussion by stating, "At each Seat, there is a revised Landscape Plan. The old Landscape Plan that's in your primary packet showed some bus parking on the northern part of the Site. That was an error and what you have in front of you in this revision has it in the proper place. The revised bus parking is a later phase that will be done hopefully when the sanctuary comes in." "I MAKE A MOTION TO APPROVE." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR 601. Public Works Departments REQUEST: Requesting The City Commission Validate The Solid Waste Survey Results Entitling The Franchisee To Receive The Performance Bonus And Receive The Annual Staff Solid Waste Review. FISCAL IMPACT: The Survey Cost Of $2,829.00 Has Been Paid From The Solid Waste Fund. Wastepro's Share Of The Survey Will Be Deducted From The $15,000.00 Performance Bonus For A Net Performance Bonus Of $13,585.50. The Current Residential Solid Waste Rate Of $18.10 Per Month Remains Unchanged Since 2006. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — APRIL 26, 2010 PAGE 17 OF 22 COMMUNICATION EFFORTS: The Annual Survey Resulted In 451 Interviews With Residents Of Which 94.2% Were Satisfied With The Level Of Service. At The Request Of The Commission, The Survey Also Solicited Contact Information From Respondents Who Had Concerns Or Questions Who Were Contacted By Both The City Staff And Wastepro Staff. RECOMMENDATION: It Is Recommended That The City Commission Validate The Solid Waste Survey Results Entitling The Franchisee To Receive The Performance Bonus Of $13,585.50 Payable From The Solid Waste Fund And Also Accept The Annual Evaluation Report For Waste Pro For The Period Of March 1, 2009 — February 28, 2010 As Submitted By Staff. Mr. Lockcuff presented this Agenda Item for discussion. Discussion. Tape 2/Side A With further comments, Manager Smith stated, "This is the fourth year of a five (5) year Contract, so this time next year, our Contract will be up; so Staff plans to bring this to the Commission along with our Budget conversations. There is an opportunity in the current Contract to re -up for four (4) additional years so that will be coming - to the Commission at a future date." "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McG1NNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 602. Land Design Innovations, Inc. - City Consultant REQUEST: Presenting The Results Of A Limited Economic Analysis Report On The Jetta Point Park Property Located In The Southwest Quadrant Of The S.R. (State Road) 434 And S.R. (State Road) 417 (GreeneWay) Interchange. FISCAL IMPACT: There Is No Fiscal Impact Inherent In The Preparation Of The Report But The Obvious Fiscal Impact Is Tied To The Differences In The Potential Taxable Value Of The Property As Detailed In The Report. COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The Agenda Are Necessary In Conjunction With This Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 2010 PAGE 18 OF 22 RECOMMENDATION: Staff Recommends That The City Commission Receive The Jetta Point Economic Impact Analysis As Prepared By LDI (Land Design Innovations, Inc.) And Take Any Action They Deem Appropriate. Mr. John M. Jones, AICP, Senior Planner, Land Design Innovations, Inc., 1770 Fennel Street, Suite 200, Maitland, Florida: addressed the City Commission regarding this Agenda Item, and displayed a PowerPoint presentation. Discussion. Commissioner Krebs asked Mr. Jones, "Can you translate that into dollars?" Mr. Jones stated, "Not at this time. No. Continuing, Commissioner Krebs then inquired, "Do you know if a Park that belongs - to Seminole County but is hosted in Winter Springs, does that count towards our concurrency?" Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department nodded affirmatively. Commissioner Krebs then asked, "Do you know where we are on ours?" Mr. Stevenson stated, "We're doing well on concurrency relative to Parks right now." Discussion followed on the analysis; real estate; the 417 Interchange District; possible employment opportunities; benefits to the community; opportunity use; possibly meeting with the Seminole County Board of County Commissioners one more time; and suggested that more time is needed to review this project. Commissioner McGinnis suggested that the five (5) minute Commission Policy be enforced. Further comments followed on benefits of a destination park; concurrency; attracting businesses; quality of life; opportunity costs; amenities; and the best use of that intersection; and tax burdens. Discussion. Mayor Bush suggested that Ms. Heidi Goff "Get with Kevin (Smith) on her issue because it is something I think the Commission needs to hear about." Mr. Jones noted, "We've already acted on that and scheduled a follow-up meeting for this Thursday." Mayor Bush added, "Kevin (Smith) will bring that back to us if he thinks it is worthwhile." Commissioner Krebs asked Mr. Jones, "Do we have a logo yet? Mr. Jones responded, "It is in process." Commissioner Krebs then inquired, "Are we doing a Winter Springs logo?" Mr. Jones then said, "Yes." Further discussion. REGULAR 603. Land Design Innovations, Inc. - City Consultant REQUEST: Land Design Innovations, Inc. (City Consultant) Is Presenting The Results Of A Business Retention Survey Conducted For Approximately One (1) Month Beginning In Early February 2010. FISCAL IMPACT: The Cost To Mail The Surveys To The Businesses In Winter Springs Was Approximately $595.00 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 2010 PAGE 19 OF 22 COMMUNICATION EFFORTS: The Survey Mail -Out Was Introduced At Two Oviedo -Winter Springs Chamber Of Commerce Luncheons. In Addition, Survey Mail -Out Press Releases Were Sent To The Seminole Chronicle, The Seminole Voice, The Orlando Sentinel, The Orlando Business Journal, And The Sanford Herald. The Survey Was Also Posted On The Oviedo -Winter Springs Chamber And The Seminole County Regional Chamber Of Commerce Websites. RECOMMENDATION: Staff Recommends That The City Commission Receive The Information And Recommendations Contained In The Business Survey Results Document And Provide Any Direction They Deem Appropriate. Mr. John M. Jones, AICP, Senior Planner, Land Design Innovations, Inc., 1770 Fennel Street, Suite 200, Maitland, Florida: commented on the Business Survey. Discussion. Mr. Jones then said, "These are only the initial recommendations. We still have to sit down with City Staff and walk through these recommendations in detail." Mayor Bush suggested finding ways to cut costs especially in terms of advertising. Manager Smith stated, "It's just something that is the preliminary phase Mayor, as you and I discussed. I think there are some opportunities but I need to discuss this with Anthony (Garganese), before I get too far ahead of myself — that I would come back and recommend to this Commission as far as advertising." With further comments on suggested advertising ideas, Manager Smith added, "I plan to come back unless this Commission puts the brakes on me right now, with some ideas like this for your consideration in the future." Mayor Bush asked, "Is this something that you would like to see him pursue or not?" Commissioner Krebs stated, "Yes" and suggested "That work on our Banner Program." Manager Smith added that having the Banner Program pay for itself was under consideration, and noted, "That's also part of this entire package that I want to bring to you." Manager Smith also said that he would work with Attorney Garganese on any legal issues. Commissioner McGinnis remarked, "Yes, I would be in favor of advertising in a City Newsletter if we can. I regret that we can no longer mail it..." Commissioner Krebs added, "...We might be able to?" Mayor Bush summarized, "The Consensus is that Kevin (Smith) should pursue this further." Commissioner McGinnis again said, "Yes." Mayor Bush then stated, "Any other comments on the Report from Land Design (Innovations, Inc.)?" Manager Smith then remarked, "Staff will work the results; bring back formal recommendations for the Commission for your consideration; but we would like to hear off the top of your head if there is anything that you don't like or do like or if you think of something later, please give me a call." REGULAR 604. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 2010 PAGE 20 OF 22 REGULAR 605. Office Of The City Attorney REQUEST: Formally Delivers On Behalf Of The (Winter Springs) Ad Hoc Charter Review Committee The Committee's Final Report Pursuant To Resolution 2010-04, And Requests That The City Commission Formally Accept The Report Into The Official Record And Provide Direction Regarding The Manner In Which The City Commission Desires To Review The Report Of The Committee. FISCAL IMPACT: None. COMMUNICATION EFFORTS: RECOMMENDATION: The City Attorney Recommends That The City Commission Formally Accept The Final Report Into The Official Record Of The Commission's Proceedings. In Addition, The City Attorney Recommends That The City Commission Provide Direction Regarding The Manner In Which The City Commission Desires To Review The Final Report And To Take Formal Action On The Committee's Recommendation. "WE ACCEPT IT AND SET A DATE FOR A WORKSHOP." MOTION BY COMMISSIONER McGINNIS. SECONDED. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER MCGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Regarding a Workshop date, Mayor Bush and Commissioner Krebs suggested, Monday, May 17'h, 2010. Deputy Mayor Brown stated, "Yes." No objections were voiced. As for the starting time, 6:00 p.m. was suggested. No objections were noted. Mayor Bush summarized the outcome and stated, "May the 17th, 6:00 p.m. - a Workshop to review the Report and take steps on what we are going to do next." REGULAR 606. Office Of The City Attorney And Community Development Department REQUEST: Request That The City Commission Consider Approving An Agreement With Winter Springs Holdings, Inc. To Terminate The Town Center Phase H Implementation Agreement Under The Terms And Conditions Set Forth In A New Agreement. FISCAL IMPACT: 1. The Fiscal Impact To The City Is That It Will Reimburse The Property Owner $247,561.80 For The "Reasonable Costs" Associated With The Design, Permitting And Construction Of The Road Including Wet Detention, Stormwater Conveyance Systems, And Wetland Mitigation Costs. 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 $15,000.00 Per Space), And Any Other Incidental Financial Commitments Under The Agreement. 3. The Construction Costs Related To Spine Road (Approx. [Approximately] $900,000.00) Will Be Deferred To A Time Uncertain Rather Than Subject To The Terms Of The Current Agreement. 4. The City Will Be Relieved Of The Reconstruction Of East Tuskawilla Road Sidewalks And Parking ($250,000.00). CITY OF WINTER SPRINGS, FLORMA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 2010 PAGE 21 OF 22 5. The City Will Be Relieved Of The Relocation Of Water Mains Along East Tuskawilla Road ($50,000.00). 6. The City Receive The Value Associated With The Land Conveyed To The City For Spine Road (Inclusive Of The SR [State Road] 434 Turn Lane) And Neighborhood Parks #4 And #5. 7. The City Receives The Value Of A Long Term Commitment To Use Portions Of The Vacant Land For Town Center Parking And Events And For Disaster Relief (If Necessary). 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. 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: 1. The City Attorney, City Manager And City Staff Recommend The City Commission Consider Approving The Attached Agreement, And Authorize The Mayor To Execute The Same On Behalf Of The City. 2. In Addition, Some Technical Changes To The Documents May Need To Be Made If The City Commission Approves The Attached Agreement. The City Attorney Requests That The City Commission Also Authorize The City Attorney And City Manager To Make Technical Revisions To The Attached Agreement Before Final Signature By The Parties, If Necessary. Attorney Garganese reviewed this Agenda Item with the City Commission. Discussion. Attorney Garganese stated, "You would need a Motion to Approve the Agreement as presented with the understanding that the Manager and I have some leeway to - revise some of the Agreement on a technical basis, not on a substantive basis." "MOTION TO APPROVE WITH ALL THE STIPULATIONS THAT THE ATTORNEY JUST SAID." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH NOTED, "SO YOU ARE APPROVING THE ATTACHED AGREEMENT?" COMMISSIONER McGINNIS STATED, "YES." SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH ADDED, MOTION TO APPROVE "TO FOLLOW THE RECOMMENDATIONS THERE ON PAGE 4 OF 4, RIGHT?" COMMISSIONER McGINNIS STATED, "YES." VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. In other City business, Mayor Bush asked about Tuscora Road. Brief discussion followed with Mr. Brian Fields, P.E., City Engineer, Public Works Department. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — APRIL 26, 2010 PAGE 22 OF 22 ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 7:36 p.m. RESPECTFULLY SUBMITTED: JOAN L. BROWN, DEPUTY CITY CLERK AND 4EA LORENZO-LUACES, MMC CLERK APPROVED: ��-1-�w M OR JOHN F. BUSH NOTE: These Minutes were approved at the May 10, 2010 City Commission Regular Meeting.