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HomeMy WebLinkAbout2010 09 27 Consent 215 City Commission Regular Meeting Minutes of 2010 09 13CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES REGULAR MEETING MONDAY, SEPTEMBER 13, 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 - SEPTEMBER 13, 2010 PAGE 2 OF 26 CALL TO ORDER The Regular Meeting of Monday, September 13, 2010 of the City Commission was called to Order by Mayor John F. Bush at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Rick Brown, present Commissioner Jean Hovey, present Commissioner Gary Bonner, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. Mayor Bush commented that he would like to have Awards And Presentations "300" heard right after the first two (2) Public Hearings, then hold Public Input for Regular Agenda Item "600 ", followed by Regular Agenda Item "600 ". No objections were noted. PUBLIC HEARINGS AGENDA - PART I PUBLIC HEARINGS 500. Office Of The City Manager REQUEST: Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution No. (Number) 2010 -45, Which Establishes The Tentative Operating Millage Rate For Fiscal Year 2010 -2011 For The City Of Winter Springs At 2.4714 Mills Which Is 6.40% Less Than The Rolled - Back Rate Of 2.6404 Mills And The Tentative Voted Debt Service Millage Rate For Fiscal Year 2010 -2011 For The City Of Winter Springs At 0.1100 Mills. FISCAL IMPACT: The Decision To Levy An Operating Millage Rate Of 2.4714 Mills As Opposed To The Rolled -Back Rate Of 2.6404 Mills Results In Reduced Ad Valorem General Fund Revenues Of Approximately $288,000.00. The Decision To Maintain The Voted Debt Service Millage Rate At 0.1100 Mills Required A Subsidy From The General Fund To The Central Winds Debt Service Fund In The Amount Of $44,000.00. COMMUNICATION EFFORTS: Upon Approval And Adoption Of Resolution No. 2010 -45, The Appropriate Advertising Will Run In The Orlando Sentinel On September 23, 2010 -Which Will Reflect The Tentative Millage Rates For Fiscal Year 2010 -2011 And Announce The Final Public Hearing On September 27, 2010 At 5:15 P.M. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 3 OF 26 RECOMMENDATION: • Recommend That The Commission Adopt Resolution No. 2010 -45 Establishing The Tentative Operating Millage Rate At 2.4714 Mills And Tentative Voted Debt Service Millage Rate At 0.1100 Mills For Fiscal Year 2010 -2011. • Recommend That The Commission Adopt Resolution No. 2010 -45 Authorizing The City To Advertise The City's Intent To Hold Public Hearings To Adopt Final Millage Rates And Final Budget In A Newspaper Of General Circulation In Compliance With Florida Statute 200.065. 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. "I MAKE A MOTION FOR APPROVAL" (RESOLUTION 2010 -45). MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. ATTORNEY GARGANESE STATED, "THE PROPOSED RESOLUTION 2010 -45 PROPOSES TO ADOPT A MILLAGE RATE OF 2.4714 MILLS AND A TENTATIVE VOTED DEBT SERVICE MILLAGE RATE OF .1100 MILLS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30 2011. THE TENTATIVE OPERATING MILLAGE RATE OF 2.4714 MILLS IS LESS THAN THE COMPUTED ROLLED -BACK RATE OF 2.6404 BY 6.40 PERCENT." VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office Of The City Manager REQUEST: Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution No. 2010 -46, Establishing The Tentative Budget For Fiscal Year 2010 -2011. FISCAL IMPACT: The Tentative City -Wide Budgets By Fund Type Currently Reflect The Following Appropriations To (From) Fund Balance: General Fund — ($538,698.00); Comprised Of $1,955.00 Of Positive Operating Coverage And ($540,653.00) In Capital/Non- Recurring Coverage Governmental Funds (Exclusive Of General Fund) — ($2,599,303.00) Enterprise Funds — ($1,026,463.00) COMMUNICATION EFFORTS: Upon Approval And Adoption Of Resolution No. 2010 -46, A Budget Summary Advertisement Will Be Placed In The Orlando Sentinel On September 23, 2010 Reflecting The Tentative Budget For Fiscal Year 2010 -2011. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 4 OF 26 RECOMMENDATION: • Recommend That The Commission Approve The Tentative Budget For Fiscal Year 2010 -2011 Or Amend It As It Deems Necessary. • Recommend That The Commission Adopt Resolution No. 2010 -46 Establishing The Tentative Budget For Fiscal Year 2010 -2011 As Approved By The Commission; And Authorizing The City To Advertise The City's Intent To Hold Public Hearings To Adopt Final Millage Rates And Final Budget And To Include A Budget Summary In A Newspaper Of General Circulation In Compliance With Florida Statute 200.065. City Manager Kevin L. Smith stated, "Just again for those in the audience that may not have heard this yet, just wanted to thank everyone on the team again for the ability to present a Budget for the second year in a row with no increase in the Millage Rate to our citizens." 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" (RESOLUTION 2010 -46). MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. Mayor Bush said to the City Commission, "If you have no objection, I would like to go to item (Awards And Presentations) "300 ". Commissioner Sally McGinnis stated, "That is fine." No objections were noted. • • AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS "300" WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. .;..;. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of Commissioner Jean Hovey Requesting The City Commission Receive A Presentation From Dr. Bill Vogel, Superintendent of Seminole County Public Schools Related To The 1 /z Cent Sales Tax. Dr. Bill Vogel, Superintendent, Seminole County Public Schools, 400 East Lake Mary Boulevard, Sanford, Florida: addressed the City Commission and discussed a PowerPoint presentation. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 5 OF 26 Discussion followed on Seminole County Public Schools, and a proposed '/2 Cent Sales Tax. With further comments, Dr. Vogel noted, "More than seventeen million dollars ($17,000,000.00) of projects would go right into Winter Springs area schools right here. We have that list. Every school will know exactly where that money is going." Discussion. Commissioner Jean Hovey commented on roof leaks and suggested that the information provided be reviewed. Dr. Vogel mentioned to the City Commission, "Should Winter Springs enter into any consortium or any group to develop SeminoleWAY, the School Board is ready and willing to be a partner if there's an organization you form, or anything like that, we want to be there right with you." Discussion followed on Constitutional Amendments; the proposed new Charter School; and top ranked school systems in Florida. ❖ ❖ AGENDA NOTE: THE FOLLOWING PUBLIC INPUT WAS HEARD NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. •:••:• PUBLIC INPUT Ms. Barbara Croswell, 472 Tradition Lane, Winter Springs, Florida: commented on her concern with transportation issues and children who live less than two (2) miles from the proposed Choices In Learning Charter School. Ms. Diane Roman, 453 Cruz Bay Circe, Winter Springs, Florida: compared schools in Virginia to the Choices In Learning Charter School and noted her support of this proposed school. Ms. Diane Kessluk, 202 Holiday Lane, Winter Springs, Florida: commented in support of the proposed Choices In Learning Charter School and how her children have benefitted from this school. Mr. Boe Marshall, 1416 Madrid Way, Winter Springs, Florida: as a Volunteer Board Member, Mr. Marshall mentioned his support of the proposed Choices In Learning Charter School. Ms. Alison Pierce, 1127 Trotwood Boulevard, Winter Springs, Florida: commented in support of the proposed Choices In Learning Charter School and felt there were similarities between Private Schools and this school. Ms. Janet Kearney, 404 Dorchester Square, Lake Mary, Florida: as the Principal of the Choices In Learning Charter School, Ms. Kearney spoke of the merits of this school and noted that their Charter had been renewed and extended for fifteen (15) years. Mr. George McKenzie, 1229 Roxboro Road, Longwood, Florida: as the Chairman of the Board of Directors for the Choices In Learning Charter School, Mr. McKenzie noted that they had qualified for a nine point five million ($9,500,000.00) low- interest school construction Bond which has to be closed on very soon. Mr. Matthew Williamson, 1585 Redwood Grove Terrace, Lake Mary, Florida: commented in support of the proposed Choices In Learning Charter School, noted the merits and high educational scores of this school, and mentioned that the parents care about this school. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 6 OF 26 Mr. Jerry Walker Mills, Sr., Architect, Burke Hogue Mills, Inc., 1130 Business Center Drive, Lake Mary, Florida: as the Architect for this proposed project, Mr. Mills commented on how architectural projects are important to the economy, related employment factors, the Bond deadline, and spoke of some of the aspects of this site for the proposed Choices In Learning Charter School. Ms. Kacie Melvin, 409 Sheoah Boulevard #31/ 216 Highlands Glen Circle, Winter Springs, Florida: as the Music Teacher for the Choices In Learning Charter School, Ms. Melvin spoke of the merits of this proposed school, and also the car line. Ms. Shirley Busch, 601 Casa Park Court K, Winter Springs, Florida: noted she works in the Choices In Learning Charter School's business office and commented in support of this proposed project. Mr. Joshua Schiffermiller, 730 Galloway Drive, Winter Springs, Florida: spoke positively of the people affiliated with the Choices In Learning Charter School, and how this school solved his fear of public schools. Mayor Bush then mentioned names of individuals who had submitted Public Input forms: "(Ms.) Brandy Williams, 846 Dunbar Drive in Winter Springs, (Florida) is in favor; (Ms.) Tracey Dickerman, 704 Castlewood Drive, Winter Springs, (Florida) is in favor; (Ms.) Shanda Batchelor, 200 Torcaso Court in Winter Springs, (Florida) also in favor — I think these are all in favor by the way. (Mr.) T.J. Apple, 4945 Rock Rose Loop, in Sanford, (Florida); (Mr.) Todd and (Ms.) Lorrie Adams, 419 South Hawthorn Circle in Winter Springs, (Florida); (Mr.) Ronnie Hodges, 141 North Fairfax (Avenue), Winter Springs, (Florida) in favor; (Ms.) Traci Hodges, also 141 North Fairfax Avenue, (Winter Springs, Florida) is in favor; (Ms.) Theresa Martz , 223 Charles Street, Winter Springs, (Florida) is in favor; (Ms.) Donna Smoot, 210 West Panama Road, Winter Springs, (Florida) is in favor; (Ms.) Susan Phipps, 1510 Fox Glen Drive, in Winter Springs, (Florida); (Ms.) Ginger Schmaus, 510 Shane Circle, in Winter Springs, (Florida) also in favor; (Ms.) Julie Bowen, 103 Seville Chase (Drive), Winter Springs, (Florida); (Mr.) Scott Bowen, 103 Seville Chase (Drive), Winter Springs, (Florida); (Mr.) Keith Fields, 1522 Wescott Loop, in Winter Springs, (Florida), in favor." Continuing, Mayor Bush added, "(Ms.) Deana Jones, 502 Saddlewood Lane, in Winter Springs, (Florida) is in favor; (Ms.) Dena Adams, 102 Kristi Ann Court, in Winter Springs, (Florida) — (Ms.) Judith Sechrest - 304 Bridie Court, in Winter Springs, (Florida)." Mayor Bush then asked if Ms. Adams was in attendance. Furthermore, Mayor Bush noted the following names: "(Mr.) John Luddy, also 102 (Kristi Ann Court, Winter Springs, Florida), is John (Luddy) here? [No answer was heard.] (Ms.) Shannon Carter, 333 Lake Shepard Drive, in Apopka, (Florida); (Ms.) Margaret Wattam, 574 West Springtree Way, in Lake Mary, (Florida); (Ms.) Carol Foulker, 784 Orchid Avenue, in Casselberry, (Florida); (Ms.) Mist Yancey, 2820 Sun Lake Loop, in Lake Mary, (Florida); (Ms.) Michelle Bartley, 1260 Wellington Terrace, in Maitland, (Florida); (Ms.) Lisa Sumrall, 1463 Shadowmoss Circle, in Lake Mary, (Florida); (Ms.) Ami Haddad, 1939 Darlin Circle, in Orlando, (Florida); (Ms.) April Brownhoue; 118 Rockwood Way, in Sanford, (Florida); (Ms.) Ellen Humphrey, 5036 Tangerine Way, in Winter Park, (Florida); (Ms.) Jenifer Johnson, 329 Fairfield Drive, in Sanford, (Florida); (Ms.) Denni Breen, 1228 Roxboro Road, in Longwood, (Florida); (Ms.) Maria Perricone, 1057 Piedmont Oaks Court, in Apopka, (Florida); (Ms.) Joy Kinkopf, 2914 Gimli Lane, in Casselberry, (Florida); (Ms.) Christina Giddings, 117 Mayfield Drive, in Sanford, (Florida); (Ms.) Agatha Goodmen, 5169 Fillmore Place, in Sanford, (Florida); (Ms.) Pam Moreland, 1110 Lamar Avenue, in Altamonte Springs, (Florida); (Ms.) Margaret Wolfe, 153 Clyde (Avenue), in Longwood, (Florida); (Ms.) Kelly Longway, 2657 Reagan Trail, in Lake Mary, (Florida); (Ms.) Sarah Hampel, 1881 Carollee Lane - Winter Park, (Florida); (Ms.) Petra Strausser, 1207 Moses Creek Court, in Oviedo, (Florida); (Ms.) Ashley Buss, 216 Summerwood Trail, in Maitland, (Florida); (Ms.) Shawna Hobson, 104 Cedar Heights Court, in Sanford, (Florida); and (Mr.) David and (Ms.) Jamie Ellington, 426 Boxwood Circle, in Winter Springs, (Florida)." Mayor Bush closed this "Public Input" portion of the Agenda. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — SEPTEMBER 13, 2010 PAGE 7 OF 26 Tape 1 /Side B ❖ ❖ AGENDA NOTE: REGULAR AGENDA ITEM "600" WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. ❖ ❖ REGULAR AGENDA REGULAR 600. Community Development Department REQUEST: Requests The Commission Remove From The Table And Then Receive A Status Update For The Proposed Charter School In The Town Center And Provide Direction Regarding The Previously Tabled Development Agreement. FISCAL IMPACT: The Fiscal Impact Of The Proposed Charter School Is Discussed Above Under "Fiscal Analysis" And In Attachment B. COMMUNICATION EFFORTS: The Commission Agenda Has Been Posted On The Bulletin Board Outside City Hall, On The City's Electronic Sign; The Agenda Is Electronically Posted According To The City Clerk's Procedure. RECOMMENDATION: Staff Recommends That The City Commission Review The Enclosed Information And Provide Direction Regarding Any Issues To Be Addressed In The Developer's Agreement To Be Considered At A Future Special Or Regular City Commission Meeting. "MOTION TO REMOVE FROM THE TABLE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department introduced this Agenda Item and stated, "I need to clarify a couple of things relative to the Tax Income for this particular site. When we first came out, I think we had probably put an Agenda Item together that said there was Tax Revenue of around twenty thousand dollars ($20,000.00) on the vacant property. That in fact is correct; however what I had failed to do at that point in time was to state that only about five thousand (dollars) [$5,000.00] of that was City Tax Revenue. So, I wanted to clarify that." Further comments followed on Tax Revenues. Mr. Brian Fields, P.E., City Engineer, Public Works Department spoke on the Traffic Analysis and explained, "Staff also observed the car line operation at the existing Charter School on three (3) days and we also observed Winter Springs High School dismissal, just to see how that operation works." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 8 OF 26 With further comments on traffic, Mr. Fields stated, "The sensible thing here would be to possibly delay the dismissal time for the Charter School. They currently dismiss at 3 o'clock (p.m.) which should be okay; however, some parents come and start getting in the car line as early as 2:30 (p.m.) and that could be a potential overlap that could cause a lot of unnecessary congestion at this location. So, we recommended moving that start time back and I believe the Charter School has agreed to a fifteen (15) minute push -back which — school would start at 8:15 (a.m.) and dismiss at 3:15 (p.m.). I believe by doing that, they really avoid a lot of the potential conflicts that we'd be looking at, at these intersections. The second issue is onsite and that's the car line queuing operation. In our analysis, we counted a maximum, I'll call it the static queue, that's the maximum number of vehicles anytime that were in line, was 130. It varied from day -to -day and they changed operation a little bit while they were starting up, but 130 was the maximum. Now this is going to be a slightly larger school and there is some variation depending on how they operate that car line, so we recommended planning for onsite a queue of 150 to 160 vehicles; and they have re- submitted a plan showing a queue of 164 vehicles. We've reviewed that; I think it's good, what they demonstrate is they have the capacity to show that onsite. Through Final Engineering, I think that can be refined. They have room onsite to handle that number of vehicles." Mr. Alan C. Sheppard, Jr., Attorney, Greenberg Taurig, LLP, 450 South Orange Avenue, Suite 650, Orlando, Florida: addressed the City Commission on behalf of the Applicant, Choices In Learning Charter School, and reviewed the proposed Development Agreement. Discussion. Mr. Matt Breen, President, Breen Construction Services, 205 West State Road 434, Suite D, Winter Springs, Florida: reviewed a document entitled "Choices In Learning ". Mr. Bill McDermott, Director, Seminole County, Economic Development Department, 1055 AAA Drive, Suite 145, Heathrow, Florida: commented on the importance of excellent schools in Seminole County. Further comments. Commissioner McGinnis mentioned she would support this project and that she would like a tour. Discussion. With further comments, Mr. Fields noted, "We received the updated study today. We do want to review that the responses we received indicate we agree with the approaches that would be taken, and we just need to check the data to follow -up that it will indeed support what's indicated in the comment responses. One other thing related to that, we'd recommend that if you take action on a Developer's Agreement that we memorialize the change in start and dismissal times to a fifteen (15) minute push back." With further comments, Manager Smith stated, "I would recommend that you do Approve the Development Agreement subject to the following: subject to a payment in lieu of taxes of five thousand dollars ($5,000.00) with — a CPI (Consumer Price Index) type escalator consistent with what the Seminole County Property Appraiser's Office would place on other properties that they value. Secondly, the joint utilization of the facilities locked in, in this Agenda Item being the Summer Camp, the Central Winds Highland Games, the 4 of July, the onsite Easements, and the start and dismissal times that Brian (Fields) articulated earlier; so the Development Agreement in your package, subject to those four (4) items." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — SEPTEMBER 13, 2010 PAGE 9 OF 26 Commissioner Gary Bonner said to Manager Smith, "What I heard the Applicant say is that there is flexibility embodied in the Development Agreement, that if we discover additional needs for modification to the Development Agreement, that may arise from Final Engineering for example, that there is a latitude to still hammer those things out, as need be. Is that your understanding ?" Manager Smith responded, "It is." Mayor Bush then said to Mr. Sheppard, "Is that your understanding ?" Mr. Sheppard remarked, "Yes in fact, I will just read to you here, Section 3.0., the very last sentence says, the `School and the City agree that the Conceptual Development Plan is intended to be conceptual in nature and subject to reasonable adjustments at the final site plan and final engineering phase'." - Mayor Bush commented to Mr. Sheppard, "So, you said the same thing Kevin (Smith) did." Mr. Sheppard responded by saying, "Right." Next, Commissioner Joanne M. Krebs asked, "Is the Applicant agreeable to the escalator that our City Manager mentioned ?" Mr. George McKenzie, 1229 Roxboro Road, Longwood, Florida: stated, "There would have to be a Board Meeting and the Board Members would have to Vote on that. Yes." "I WOULD LIKE TO MOVE THAT WE PROCEED WITH ACCEPTING ITEM `600' - SUBJECT TO THOSE FOUR (4) ITEMS THAT THE MANAGER REFERENCED FOR MODIFICATION AND THE AMENDMENT TO THE DEVELOPER'S AGREEMENT." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. COMMISSIONER McGINNIS ASKED, "DOES THAT INCLUDE BRIAN'S (FIELDS) REQUESTS ?" COMMISSIONER BONNER STATED, "YES, THAT WAS ONE OF THE FOUR (4), WAS MY UNDERSTANDING." ATTORNEY GARGANESE ADDED, "JUST CLARIFICATION THAT YOU ARE AUTHORIZING THE MANAGER AND I TO FINALIZE THE TEXT IN THE DEVELOPMENT AGREEMENT AND AUTHORIZE THE MAYOR TO EXECUTE." COMMISSIONER BONNER SAID, "THAT IS CORRECT, APPROVAL OF ITEM `600' SUBJECT TO YOU AND THE MANAGER MODIFYING THE DEVELOPER'S AGREEMENT TO INCLUDE THE FOUR (4) ITEMS THAT THE MANAGER BROUGHT FORWARD." VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Tape 2 /Side A Mayor Bush called a Recess at 6:42 p.m. The Meeting was called back to Order at 6:45 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 10 OF 26 ❖ ❖ AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS "303" WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. .;..;. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 303. Office Of The Mayor Presentation Of A Proclamation to Ms. Ethel Bonura In Honor Of Her Valued Service To The City Of Winter Springs As A School Crossing Guard For More Than 25 Years. Mayor Bush presented a Proclamation in honor of Ms. Ethel Bonura for her appreciated service to the City of Winter Springs as a School Crossing Guard. 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. Brief discussion. INFORMATIONAL 101. City Consultant — Land Design Innovations, Inc. REQUEST: Presenting The Summary Report For Economic Development Activities From July 19, 2010 Through August 13, 2010. The Information In This Agenda Item Will Be Verbally Presented Under Item 301 At The September 13, 2010 Commission Meeting. 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. RECOMMENDATIONS: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 11 OF 26 INFORMATIONAL 102. Police Department REQUEST: Wishes To Advise The City Commission Of A Comparison Of Crime Statistics For 2005 — 2009. This Agenda Item Will Be Followed By A Presentation Under Awards And Presentations Agenda 302. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The Commission Regular Agenda Placed On The City Web Site And Provided At The Citizen Advisory Committee. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. No discussion. INFORMATIONAL 103. Office Of The City Clerk REQUEST: Wishes To Inform The City Commission Of The Candidates That Have Qualified For The November 2, 2010 City Of Winter Springs General Municipal Election. FISCAL IMPACT: There Is No Fiscal Impact To Be Considered With The Approval Of This Agenda Item. COMMUNICATION EFFORTS: The Final Qualifying Results Noted In This Agenda Item Have Been Sent To The Seminole County Supervisor Of Elections, The Secretary Of State For The State Of Florida, And Candidates. Additionally, This Agenda Item Has Been Distributed To The Mayor And City Commission; City Manager; City Attorney; Department Directors; 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 City Commission Is Requested To Accept The Information In This Agenda Item As Presented. There was no discussion on this Agenda Item. "MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 12 OF 26 CONSENT AGENDA CONSENT 200. Not Used. CONSENT 201. Office Of The City Attorney REQUEST: Presents Resolution 2010 -44 To The City Commission, Modifying The General Sign Performance Standards For The Electric Message Board Feature Of The Existing Permanent Monument Sign Located At The Entrance Of City Hall On State Road 434. FISCAL IMPACT: None. COMMUNICATION EFFORTS: RECOMMENDATION: The City Attorney Recommends That The City Commission Consider Approval Of Resolution 2010 -44 Modifying The General Sign Performance Standards For The Electric Message Board Feature Of The Existing Permanent Monument Sign Located At The Entrance Of City Hall On State Road 434. No discussion. CONSENT 202. Office Of The City Attorney REQUEST: Requests That The City Commission Consider Adopting Resolution 2010 -47 Opposing The Hometown Democracy Amendment 4. FISCAL IMPACT: None. No Public Funds Will Be Expended To Disseminate The Resolution. Any Person Requesting A Copy Of The Resolution Will Be Required To Reimburse The City For Copying Charges. COMMUNICATION EFFORTS: None, Other Than The Resolution Was Placed On The City Commission Agenda In The Normal Course Of City Commission Business. Upon Adoption, The Resolution Will Be Recorded In The Official Records Of The City In The Same Manner As Any Other Resolution Adopted By The City Commission. RECOMMENDATIONS: This Is A Policy Matter For The City Commission. The City Attorney Recommends The City Commission Consider Adopting The Attached Resolution. Further, If Adopted By The Commission, The City Attorney Recommends, In Accordance With Section 5 Of The Resolution, That The City Not Expend Any Public Funds To Disseminate The Resolution In Any Communication Media In Order To Be Compliant With Section 106.113, Florida Statutes. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 13 OF 26 CONSENT 203. Office Of The City Attorney And Office Of The City Manager REQUEST: Presents To The City Commission For Consideration And Approval The Text To Be Published In The 2010 Referendum Ballot Mailer. FISCAL IMPACT: The Cost Of Publishing The Mailer And Mailing The Mailer To The Voters Of Winter Springs Is Estimated To Be Approximately $7,000.00. COMMUNICATION EFFORTS: The Mailer Will Be Mailed To Winter Springs Residents, Posted At City Hall, Posted On The City's Website, And Made Available To Voters Of Winter Springs At Various Assemblies. RECOMMENDATIONS: The City Attorney And City Manager Recommend That The City Commission Consider Approving The Mailer For Publication This Agenda Item was not discussed. CONSENT 204. Parks And Recreation Department REQUEST: Requesting That The City Commission Consider The Request From Compassionate Friends To Place 2 Additional Memorial Benches In The Children's Memorial Area In The Wooded Passive Area Of The Central Winds Park. FISCAL IMPACT: -0- COMMUNICATION EFFORTS: Copies And /Or Access To This Agenda Item Have Been Provided To The Mayor And City Commission, City Attorney, Department Directors; Placed In Press Packets; Placed In Press Packets; Placed In The Lobby Binder; Is Available On The City's Website, Laserfiche, And The City's Server; And Through All Other Actions Completed Via The City Clerk's Posting Procedure. Compassionate Friends Will Communicate With Parks And Recreation Staff Regarding Location And Installation. RECOMMENDATION: Parks And Recreation Recommends That The City Commission Consider This Request From Compassionate Friends To Place 2 Additional Memorial Benches In The Children's Memorial Area In The Wooded Passive Area Of Central Winds Park And Take Any Action They Deem Appropriate. Deputy Mayor Rick Brown said to Manager Smith, "I don't know that you can have a Consent Item that asks for direction. What would you like us to do with this ?" Manager Smith suggested, "I would ask that the City Commission Approve the receipt of the donation of two (2) additional benches from the good folks at Compassionate Friends — similar to the approach we took with the benches from the THOA (Tuscawilla Homeowner's Association) — that would be our recommendation." CONSENT 205. Parks And Recreation Department REQUEST: Requests The City Commission To Authorize The Mayor To Execute The Sixth Addendum To The MV Transportation Agreement For Senior Center Transportation For One (1) Year. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 14 OF 26 FISCAL IMPACT: Budgeted In 10 /11 [2010/2011], Account 7250 - 53186, $25,000.00. Staff Is Researching Grants To Reduce Fiscal Impact. COMMUNICATION EFFORTS: Copies And /Or Access To This Agenda Item Have Been Provided To The Mayor And City Commission, City Attorney, Department Director; Placed In Press Packets; Placed In The Lobby Binder; Is Available On Laserfiche, And The City Website. Parks And Recreation Staff Has Informed Winter Springs Seniors Regarding Schedule & Activities. RECOMMENDATIONS: The Parks And Recreation Department Recommends Approval Of The Transportation Disadvantaged Services Agreement Sixth Addendum For Senior Center Transportation. No discussion. CONSENT 206. Information Services Department REQUEST: Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. FISCAL IMPACT: There Is No Cost To Dispose Of These Surplus Assets. The City Receives Revenue Generated From Items Sold At Auction. COMMUNICATION EFFORTS: A Copy Of The List Of Items To Be Disposed Of Has Been Posted On The City's Website Under Public Notices. Additionally, The Contact Information For The Vendor Conducting The Auction Has Also Been Provided On The Website. RECOMMENDATION: It Is Requested That The City Commission Approve The Disposition Of The Attached List Of Surplus Assets. There was no discussion on this Agenda Item. CONSENT 207. Utility/Public Works Department REQUEST: Requests That The City Commission Approve Resolution Number 2010 -49 Recognizing The Retirement Of Public Works Department Employee Alan Hill. FISCAL IMPACT: There Is No Fiscal Impact If Resolution Number 2010 -49 Is Approved. COMMUNICATION EFFORTS: Copies Or Access To This Agenda Item And Resolution Have Been Provided 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: It Is Recommended That The City Commission Approve Resolution Number 2010 -49 In Honor Of Public Works Department Employee Alan Hill. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 15 OF 26 CONSENT 208. Utility/Public Works Department REQUEST: Requesting The City Commission Authorize Executing An Agreement With Ashbritt Environmental For Storm Debris Removal By Piggybacking Off Their Current Contract With Orange County. FISCAL IMPACT: No Funding Is Required At This Time. The Contract Value Is Limited To $500,000.00 Unless Approved By The City. Depending Of The Scope Of A Storm Event Requiring These Services, The Funding Source Will Likely Be The Storm Reserve Fund. COMMUNICATION EFFORTS: The Debris Removal Contract Is Reviewed Annually With The Parties Involved As Part Of Our Hurricane Preparedness Meetings. RECOMMENDATION: It Is Recommended That Authorization Be Given For City Manager And City Attorney To Prepare And Execute Any And All Documents Necessary To Contract With Ashbritt Environmental For Storm Debris Removal Services By Piggybacking Off Orange County # Y10 -113C. No discussion. CONSENT 209. Information Services Department REQUEST: Requests Commission Approve Renewal And Payment Of The MUNIS Annual Maintenance And Support Agreement In The Amount Of $59,055.75 And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. FISCAL IMPACT: $59,055.75. This Item Is Budgeted In Information Services Department 1340. COMMUNICATION EFFORTS: No Extra Communication Efforts Are Necessary At This Time. RECOMMENDATION: Information Services Requests Commission Approve Renewal And Payment Of The MUNIS Annual Maintenance And Support Agreement In The Amount Of $59,055.75 And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. There was no discussion on this Agenda Item. CONSENT 210. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The August 10, 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 16 OF 26 RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The August 10, 2010 City Commission Workshop Minutes. This Agenda Item was not discussed. CONSENT 211. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The August 16, 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 August 16, 2010 City Commission Workshop Minutes. No discussion. CONSENT 212. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The August 23, 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. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The August 23, 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 BY COMMISSIONER McGINNIS. DISCUSSION. CITY CLERK ANDREA LORENZO LUACES ASKED, "THE MOTION TO APPROVE, INCLUDES THE COMMENTS FROM THE MANAGER ?" DEPUTY MAYOR BROWN NOTED, "IT INCLUDES THE REVISION TO THE RECOMMENDATION." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 17 OF 26 VOTE: COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. ❖ ❖ AGENDA NOTE: THE FOLLOWING (REMAINING) AWARDS AND PRESENTATIONS WERE DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. • ❖ AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 301. Land Design Innovations, Inc. — City Consultant Presentation From Land Design Innovations, Inc. Updating The City Commission On Economic Development Efforts. (Follow Up Presentation From Informational Agenda Item "101 ".) Ms. Tracy Crowe, AICP, Senior Planner, Land Design Innovations, Inc., 1770 Fennel Street, Suite 200, Maitland, Florida: addressed the City Commission on the SEMATECH project. With further comments on SEMATECH, Ms. Crowe stated, "I know we drafted a template letter to provide to all of you. If you have any citizens that want to write letters of recommendation for the project, or encouragement that they would like to have the project here in Winter Springs so there is a template out there." Mayor Bush mentioned, "The University does not want any letters yet." Mayor Bush then suggested to Ms. Crowe, "You might want to check with Dr. Holsenbeck." Ms. Crowe stated, "Absolutely." AWARDS AND PRESENTATIONS 302. Police Department Requesting The Mayor And City Commission Receive A Presentation From The Police Department On A Comparison Of Crime Statistics For 2005 — 2009. (Follow Up Presentation From Informational Agenda Item "102 ") Chief of Police Kevin Brunelle spoke to City Commission on- Uniform Crime Reporting. Discussion. Commissioner McGinnis asked if he received statistics on child sex abuse. Chief Brunelle stated, "I can get them for you." Commissioner McGinnis added, "Once a year, I use to get them and report them, and that might be good to include that in part of your reporting annually." Chief Brunelle noted he will be sending out an Annual Report shortly, and added, "I would be happy to add that information." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 18 OF 26 Commissioner Bonner spoke on the "Citizens on Patrol" program and asked if related "Citizens on Patrol's" calls to service could be added to future Reports. Chief Brunelle explained, "You will see it for the first time next month, in the Monthly Report." Manager Smith remarked, "Just to publically acknowledge and commend the Chief and the men and women from the Winter Springs Police Department - when you look at the statistics that the Chief put up over the six (6) month period for 2010 comparable to 2009 and actually a nine (9) month period now — the eight percent (8 %) reduction in crime to accomplish that — during normal times is tremendous, but in my opinion to do so in a tight budget and a tough economy is extraordinary, so my kudos." AWARDS AND PRESENTATIONS 304. Office Of The Mayor And City Commission Presentation Of Resolution Number 2010 -49 Recognizing Alan Hill For His 15 Years Of As An Employee Of The City Of Winter Springs And Expressing Our Appreciation On Behalf Of The Citizens Of The City Of Winter Springs. Mayor Bush presented Resolution 2010 -49 to Mr. Alan Hill in honor of his dedicated service to the City as he retires. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese commented on the recently Elected Officials and explained, "As a Commissioner -Elect and Mayor - Elect, we have two (2) of them that are going to be joining the City Commission after the Election, they are subject to the Sunshine Law as if they were a Member of the City Commission already." Furthermore, Attorney Garganese added, "There is one minor exception, there are two (2) of you that will not be on the Commission when they begin their terms so discussions between Commissioner McGinnis and Mayor Bush and the two (2) - Commissioner -Elect and Mayor -Elect is permissible, but the rest of you have to be governed by the Sunshine Law with respect to those two (2) folks." REPORTS 401. Office Of The City Manager — Kevin L. Smith No Report. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC City Clerk Andrea Lorenzo - Luaces commented on the scheduled League of Women Voter's Winter Springs Candidate Night and asked, "Would you like me to have that cancelled ?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — SEPTEMBER 13, 2010 PAGE 19 OF 26 Commissioner McGinnis and Commissioner Krebs stated, "Cancel it." No objections were voiced. REPORTS 403. Office Of Commissioner Seat Four— The Honorable Sally McGinnis Commissioner McGinnis asked if we "Could have a Consensus to have the City Manager contact the owner of the Golf Course and take those front walls down on the boulevard that says `Winter Springs Golf Course'. They look terrible and it is not a Winter Springs facility - and I also would like to see the whole clubhouse knocked down. The roof is falling in, it is full of mold, and it is a hazard." Discussion followed on whether this was a public safety issue. Chief Brunelle noted, "We'll keep a regular eye on it. If it becomes a health safety issue, we'll certainly address it." Attorney Garganese remarked about the "Discontinued sign issue — when the Commission Amended the Code, the new Sign Code expressly addresses discontinued signs and if property has been vacant and unoccupied for a period of ninety (90) days or more and any sign face which advertises service no longer conducted or a product no longer sold upon the premises where the sign is located, is prohibited under the Sign Code." Tape 2 /Side B Attorney Garganese added that there is "The International Property Maintenance Code provisions and other provisions in the City Code that the Building Official and Code Enforcement can look at to address any deterioration of the building that may present a property maintenance issue." Mayor Bush asked the City Commission, "Everybody is in agreement with Commissioner McGinnis' recommendation ?" Commissioner Krebs and Deputy Mayor Brown stated, "Yes." No objections were noted. REPORTS 404. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs asked Attorney Garganese when the new Elected Officials would take Office if the Charter Amendments pass in early November. Attorney Garganese responded by saying, "I will have a final answer before the Election." Next, Commissioner Krebs mentioned she had been contacted by representatives with Sonesta Pointe regarding aesthetics. Other Commissioners noted they had been contacted also. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 20 OF 26 REPORTS 405. Office Of The Mayor — The Honorable John F. Bush Mayor Bush offered his Congratulations to Deputy Mayor Brown who was Elected as Boys Town's Chair. Secondly, Mayor Bush mentioned that Seminole County said they were planning to give Envision Seminole one hundred thousand dollars ($100,000.00) for an Economic Study. Mayor Bush added, "We contribute to the Envision Board — each of our cities, and we weren't notified of it." Mayor Bush then noted that he would attend a Seminole County Board of County Commissioners meeting - to share with them his displeasure. Commissioner Krebs noted, "We support you on that." Thirdly, Mayor Bush commented on some Incubator meetings he had recently attended and suggested others meet with the companies also. REPORTS 406. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Hovey commented on the turn lane near Papa Tony's. Next, Commissioner Hovey noted she had attended last week's Citizen's Advisory Committee (CAC) Meeting and mentioned a new program called, "Operation Medicine Cabinet." Discussion followed with Chief Brunelle who spoke on the merits of this new program and explained that unused medicines can be dropped off in a new drop box at the Police Department and added, "If you can't come to the PD (Police Department), we'll come and get it." Deputy Mayor Brown said to Chief Brunelle, "Are you going to notify all of the Pharmacy's in the City ?" Chief Brunelle then explained what he will be doing to get the word out. Further comments. Lastly, Commissioner Hovey mentioned that she had attended a TABOR (Taxpayer Bill of Rights) meeting. Further comments. REPORTS 407. Office Of Commissioner Seat Two/Deputy Mayor — The Honorable Rick Brown Deputy Mayor Brown asked about the status of the Ladybird Academy and inquired about a lawsuit by Ladybird Academy against Ladybird, Inc., and also asked if the lawsuit would affect us? Mr. Stevenson said, "I don't know at this point but I will certainly check on it tomorrow." REPORTS 408. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Bonner mentioned he had attended the last Town Parke Apartments meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 21 OF 26 Secondly, Commissioner Bonner commented on homelessness in Seminole County and invited his peers on the dais to attend a "Pathways to Home" event on September 25, 2010 to help with homelessness. Next, Commissioner Bonner recognized the newly Elected Officials for Winter Springs. Continuing, Commissioner Bonner also noted that he wanted, "To recognize the many years of Service of Commissioner McGinnis — thank you very, very much for your eight (8) years of service to our community; and for the extraordinary service record of outgoing Mayor John Bush — so, thank you very much for your service to our community." ❖ ❖ AGENDA NOTE: THE FOLLOWING SUPPLEMENTARY REPORTS WERE DISCUSSED NEXT, IN ADDITION TO WHAT WAS NOTED ON PAGES 19 -20 OF THESE MINUTES. 4•4* REPORTS REPORTS 404. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs suggested that the City Commission and the City Manager might be interested in possibly serving on one of the Florida League of Cities' Policy Committees and added, "Please get involved." REPORTS 405. Office Of The Mayor — The Honorable John F. Bush Mayor Bush commented on a recent Atlantic Housing Partners, LLLP meeting and suggested Atlantic Housing Partners, LLLP could possibly pay overtime costs for Staff to assist with any PowerPoint presentations. ❖ ❖ AGENDA NOTE: ADDITIONAL PUBLIC INPUT WAS HEARD NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. 4•4* PUBLIC INPUT Ms. Chris Blackwell, 711 Sybilwood Circle, Winter Springs, Florida :: recognized Mr. Stevenson and Mr. Steve Richart, (Urban Beautification Services Division, Community Development Department), "For their kindness and professionalism; they were wonderful to work with; quite helpful and I am very grateful." Ms. Blackwell added, "I also want to thank (Commissioner) Jean Hovey for her insight, wisdom, and integrity. It's always a pleasure." Continuing, Ms. Blackwell addressed the City Commission on behalf of herself and the Indian Trails Middle School PTSA on the Indian Trails Middle School new electronic sign and asked why the City wanted to have messages run on their sign. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 22 OF 26 PUBLIC HEARINGS AGENDA - PART II PUBLIC HEARINGS 502. Office Of The City Attorney REQUEST: Requests That The City Commission Approve On Second Reading Of Ordinance Number 2010 -21, Which Revises The Administrative Procedural Portions Of The City Code To Expressly Require And Authorize The Planning And Zoning Board To Review And Make Advisory Recommendations On Development Applications In The Town Center FISCAL IMPACT: No Funding Requirements Are Tied To The Approval Of This Agenda Item. However, If This Ordinance Is Approved, The Planning And Zoning Board May Need To Conduct Additional Meetings In The Future To Handle Town Center Development And Special Exception Applications. COMMUNICATION EFFORTS: The Ordinance Was Advertised For Public Hearing Before The Planning And Zoning Board As Well As Before The First And Second Readings Before The City Commission. The Advertisements Were Published In A Newspaper, Posted On The City's Web Site And Bulletin Boards. RECOMMENDATION: The City Attorney Requests That The City Commission Approve On Second Reading Of Ordinance Number 2010 -21. 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. "I WOULD LIKE TO MAKE A MOTION TO APPROVE ON SECOND READING" (ORDINANCE 2010 -21). MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER McGINNIS. 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 - SEPTEMBER 13, 2010 PAGE 23 OF 26 REGULAR AGENDA REGULAR 601. Office Of The City Attorney REQUEST: Pursuant To City Commission Directive, The City Attorney Has Prepared An Interlocal Agreement Between The City And The Seminole County School Board, Authorizing An Electronic Message Board Feature To Be Incorporated Into, Or To Replace, The Existing Permanent Sign Located At The Entrance Of The Indian Trails Middle School And Establishing A Related Use And Performance Standard Policy. FISCAL IMPACT: None. COMMUNICATION EFFORTS: RECOMMENDATION: The City Attorney Recommends That The City Commission Consider Approval Of The Interlocal Agreement Between The City And The Seminole County School Board, Authorizing An Electronic Message Board Feature To Be Incorporated Into, Or To Replace, The Existing Permanent Sign Located At The Entrance Of The Indian Trails Middle School And Establishing A Related Use And Performance Standard Policy. Attorney Garganese pointed out, "On page 2 of the Agreement, the 3` recital, it states that the sign will be `without contribution from any public or private entity' — the language `without contribution from any public or private entity' should be stricken from the Agreement." "MOTION TO APPROVE ". MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. REGULAR 602. Office Of The City Attorney And City Staff REQUEST: Requests That The City Commission Consider Approval Of Resolution No. (Number) 2010- 43, Authorizing The City To Solicit Sponsorship Funds To Help Off -Set The Costs Of The City's Existing Light Post Banner Program And Establishing An Administrative Policy For Incidental Sponsorship Acknowledgments On Light Post Banners. FISCAL IMPACT: The Precise Fiscal Impact Is Yet To Be Determined. It Is Intended That The City Will Receive Increased Revenues To Help Offset The Cost Of Operating And Maintaining The City's Light Post Banner Program Established By Resolution 2009 -29. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 24 OF 26 COMMUNICATION EFFORTS: RECOMMENDATIONS: The City Attorney And City Staff Recommends That The City Commission Approve Resolution 2010 -43, Establishing An Administrative Sponsorship Policy For The Light Post Banner Program. "MOTION TO APPROVE ". MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 603. Office Of The City Manager And Office Of The City Clerk REQUEST: Request That The City Commission Make Appointments To The City's New "Bicycle And Pedestrian Advisory Committee ", Which Was Approved At The August 23, 2010 Regular City Commission Meeting With The Ratification Of Ordinance 2010 -06. FISCAL IMPACT: There Is No Specific Fiscal Impact To These Appointments. However, Once The "Bicycler And Pedestrian Advisory Committee" Begins Meeting, Office Of The City Clerk's Staff Will Be Providing Administrative Assistance To The "Bicycle And Pedestrian Advisory Committee ". Such Costs Are Estimated To Be Approximately $3,076.00 Per Year; And Have Been Budgeted For Fiscal Year 2010 -2011; With Funds Coming From Office Of The City Clerk Overtime Salaries (Line Code 1210- 51214). Community Development Department Liaison Staff Costs Have Been Absorbed Otherwise. COMMUNICATION EFFORTS: This Agenda Item Has Been Distributed To The Mayor And City Commission; City Manager; City Attorney; Department Directors; 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 City Commission Is Requested To Ratify Appointment(s) To The "Bicycle And Pedestrian Advisory Committee ". "LARRY HARTMAN" NOMINATED TO SERVE ON THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE. MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 25 OF 26 "GEORGE COLOMBO" NOMINATED TO SERVE ON THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. "GARY BROOK" NOMINATED TO SERVE ON THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE. MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AVE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. "WILLIAM CARPENTER" NOMINATED TO SERVE ON THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE. MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR 604. Office Of The City Manager And Office Of The City Clerk REQUEST: Request That The City Commission Make Appointments To The City's New "Parks And Recreation Advisory Committee ", Which Was Approved At The August 23, 2010 Regular City Commission Meeting With The Ratification Of Ordinance 2010 -07. FISCAL IMPACT: There Is No Specific Fiscal Impact To These Appointments. However, Once The "Parks And Recreation Advisory Committee" Begins Meeting, Office Of The City Clerk's Staff Will Be Providing Administrative Assistance To The "Parks And Recreation Advisory Committee ". Such Costs Are Estimated To Be Approximately $3,076.00 Per Year; And Have Been Budgeted For Fiscal Year 2010 -2011; With Funds Coming From Office Of The City Clerk Overtime Salaries (Line Code 1210- 51214). Parks And Recreation Department Liaison Staff Costs Have Been Absorbed Otherwise. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — SEPTEMBER 13, 2010 PAGE 26 OF 26 COMMUNICATION EFFORTS: This Agenda Item Has Been Distributed To The Mayor And City Commission; City Manager; City Attorney; Department Directors; 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 City Commission Is Requested To Ratify Appointment(s) To The "Parks And Recreation Advisory Committee ". "ART GALLO" NOMINATED TO SERVE ON THE PARKS AND RECREATION ADVISORY COMMITTEE. MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYORBROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. "ARNIE NUSSBAUM" NOMINATED TO SERVE ON THE PARKS AND RECREATION ADVISORY COMMITTEE. MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:06 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. CITY OF WINTER SPRINGS FLORIDA ENTE S U !n • Inc • 1959 .� 0 R`C* CITY COMMISSION MINUTES REGULAR MEETING MONDAY, SEPTEMBER 13, 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 - SEPTEMBER 13, 2010 PAGE 2 OF 26 CALL TO ORDER The Regular Meeting of Monday, September 13, 2010 of the City Commission was called to Order by Mayor John F. Bush at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Rick Brown, present Commissioner Jean Hovey, present Commissioner Gary Bonner, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. Mayor Bush commented that he would like to have Awards And Presentations "300" heard right after the first two (2) Public Hearings, then hold Public Input for Regular Agenda Item "600 ", followed by Regular Agenda Item "600 ". No objections were noted. PUBLIC HEARINGS AGENDA - PART I PUBLIC HEARINGS 500. Office Of The City Manager REQUEST: Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution No. (Number) 2010 -45, Which Establishes The Tentative Operating Millage -Rate For Fiscal Year 2010 -2011 For The City Of Winter Springs At 2.4714 Mills Which Is 6.40% Less Than The Rolled - Back Rate Of 2.6404 Mills And The Tentative Voted Debt Service Millage Rate For Fiscal Year 2010 -2011 For The City Of Winter Springs At 0.1100 Mills. FISCAL IMPACT: The Decision To Levy An Operating Millage Rate Of 2.4714 Mills As Opposed To The Rolled -Back Rate Of 2.6404 Mills Results In Reduced Ad Valorem General Fund Revenues Of Approximately $288,000.00. The Decision To Maintain The Voted Debt Service Millage Rate At 0.1100 Mills Required A Subsidy From The General Fund To The Central Winds Debt Service Fund In The Amount Of $44,000.00. COMMUNICATION EFFORTS: Upon Approval And Adoption Of Resolution No. 2010 -45, The Appropriate Advertising Will Run In The Orlando Sentinel On September 23, 2010- Which Will Reflect The Tentative Millage Rates For Fiscal Year 2010 -2011 And Announce The Final Public Hearing On September 27, 2010 At 5:15 P.M. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 13, 2010 PAGE 3 OF 26 RECOMMENDATION: • Recommend That The Commission Adopt Resolution No. 2010 -45 Establishing The Tentative Operating Millage Rate At 2.4714 Mills And Tentative Voted Debt Service Millage Rate At 0.1100 Mills For Fiscal Year 2010 -2011. • Recommend That The Commission Adopt Resolution No. 2010 -45 Authorizing The City To Advertise The City's Intent To Hold Public Hearings To Adopt Final Millage Rates And Final Budget In A Newspaper Of General Circulation In Compliance With Florida Statute 200.065. 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. "I MAKE A MOTION FOR APPROVAL" (RESOLUTION 2010 -45). MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. ATTORNEY GARGANESE STATED, "THE PROPOSED RESOLUTION 2010 -45 PROPOSES TO ADOPT A MILLAGE RATE OF 2.4714 MILLS AND A TENTATIVE VOTED DEBT SERVICE MILLAGE RATE OF .1100 MILLS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30 2011. THE TENTATIVE OPERATING MILLAGE RATE OF 2.4714 MILLS IS LESS THAN THE COMPUTED ROLLED -BACK RATE OF 2.6404 BY 6.40 PERCENT." VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office Of The City Manager REQUEST: Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution No. 2010 -46, Establishing The Tentative Budget For Fiscal Year 2010 -2011. FISCAL IMPACT: The Tentative City -Wide Budgets By Fund Type Currently Reflect The Following Appropriations To (From) Fund Balance: General Fund — ($538,698.00); Comprised Of $1,955.00 Of Positive Operating Coverage And ($540,653.00) In Capital/Non- Recurring Coverage Governmental Funds (Exclusive Of General Fund) — ($2,599,303.00) Enterprise Funds — ($1,026,463.00) COMMUNICATION EFFORTS: Upon Approval And Adoption Of Resolution No. 2010 -46, A Budget Summary Advertisement Will Be Placed In The Orlando Sentinel On September 23, 2010 Reflecting The Tentative Budget For Fiscal Year 2010 -2011. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 4 OF 26 RECOMMENDATION: • Recommend That The Commission Approve The Tentative Budget For Fiscal Year 2010 -2011 Or Amend It As It Deems Necessary. • Recommend That The Commission Adopt Resolution No. 2010 -46 Establishing The Tentative Budget For Fiscal Year 2010 -2011 As Approved By The Commission; And Authorizing The City To Advertise The City's Intent To Hold Public Hearings To Adopt Final Millage Rates And Final Budget And To Include A Budget Summary In A Newspaper Of General Circulation In Compliance With Florida Statute 200.065. City Manager Kevin L. Smith stated, "Just again for those in the audience that may not have heard this yet, just wanted to thank everyone on the team again for the ability to present a Budget for the second year in a row with no increase in the Millage Rate to our citizens." 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" (RESOLUTION 2010 -46). MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BOWER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. Mayor Bush said to the City Commission, "If you have no objection, I would like to go to item (Awards And Presentations) "300 ". Commissioner Sally McGinnis stated, "That is fine." No objections were noted. • • AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS "300" WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. • :• • :• AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of Commissioner Jean Hovey Requesting The City Commission Receive A Presentation From Dr. Bill Vogel, Superintendent of Seminole County Public Schools Related To The ' /2 Cent Sales Tax. Dr. Bill Vogel, Superintendent, Seminole County Public Schools, 400 East Lake Mary Boulevard, Sanford, Florida: addressed the City Commission and discussed a PowerPoint presentation. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 13, 2010 PAGE 5 OF 26 Discussion followed on Seminole County Public Schools, and a proposed 1/2 Cent Sales Tax. With further comments, Dr. Vogel noted, "More than seventeen million dollars ($17,000,000.00) of projects would go right into Winter Springs area schools right here. We have that list. Every school will know exactly where that money is going." Discussion. Commissioner Jean Hovey commented on roof leaks and suggested that the information provided be reviewed. Dr. Vogel mentioned to the City Commission, "Should Winter Springs enter into any consortium or any group to develop SeminoleWAY, the School Board is ready and willing to be a partner if there's an organization you form, or anything like that, we want to be there right with you." Discussion followed on Constitutional Amendments; the proposed new Charter School; and top ranked school systems in Florida. ❖ ❖ AGENDA NOTE: THE FOLLOWING PUBLIC INPUT WAS HEARD NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. •:••:. PUBLIC INPUT Ms. Barbara Croswell, 472 Tradition Lane, Winter Springs, Florida: commented on her concern with transportation issues and children who live less than two (2) miles from the proposed Choices In Learning Charter School. Ms. Diane Roman, 453 Cruz Bay Circe, Winter Springs, Florida: compared schools in Virginia to the Choices In Learning Charter School and noted her support of this proposed school. Ms. Diane Kessluk, 202 Holiday Lane, Winter Springs, Florida: commented in support of the proposed Choices In Learning Charter School and how her children have benefitted from this school. Mr. Boe Marshall, 1416 Madrid Way, Winter Springs, Florida: as a Volunteer Board Member, Mr. Marshall mentioned his support of the proposed Choices In Learning Charter School. Ms. Alison Pierce, 1127 Trotwood Boulevard, Winter Springs, Florida: commented in support of the proposed Choices In Learning Charter School and felt there were similarities between Private Schools and this school. Ms. Janet Kearney, 404 Dorchester Square, Lake Mary, Florida :: as the Principal of the Choices In Learning Charter School, Ms. Kearney spoke of the merits of this school and noted that their Charter had been renewed and extended for fifteen (15) years. Mr. George McKenzie, 1229 Roxboro Road, Longwood, Florida: as the Chairman of the Board of Directors for the Choices In Learning Charter School, Mr. McKenzie noted that they had qualified for a nine point five million ($9,500,000.00) low- interest school construction Bond which has to be closed on very soon. Mr. Matthew Williamson, 1585 Redwood Grove Terrace, Lake Mary, Florida: commented in support of the proposed Choices In Learning Charter School, noted the merits and high educational scores of this school, and mentioned that the parents care about this school. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 6 OF 26 Mr. Jerry Walker Mills, Sr., Architect, Burke Hogue Mills, Inc., 1130 Business Center Drive, Lake Mary, Florida: as the Architect for this proposed project, Mr. Mills commented on how architectural projects are important to the economy, related employment factors, the Bond deadline, and spoke of some of the aspects of this site for the proposed Choices In Learning Charter School. Ms. Kacie Melvin, 409 Sheoah Boulevard #31/ 216 Highlands Glen Circle, Winter Springs, Florida: as the Music Teacher for the Choices In Learning Charter School, Ms. Melvin spoke of the merits of this proposed school, and also the car line. Ms. Shirley Busch, 601 Casa Park Court K Winter Springs, Florida: noted she works in the Choices In Learning Charter School's business office and commented in support of this proposed project. Mr. Joshua Schiffermiller, 730 Galloway Drive, Winter Springs, Florida: spoke positively of the people affiliated with the Choices In Learning Charter School, and how this school solved his fear of public schools. Mayor Bush then mentioned names of individuals who had submitted Public Input forms: "(Ms.) Brandy Williams, 846 Dunbar Drive in Winter Springs, (Florida) is in favor; (Ms.) Tracey Dickerman, 704 Castlewood Drive, Winter Springs, (Florida) is in favor; (Ms.) Shanda Batchelor, 200 Torcaso Court in Winter Springs, (Florida) also in favor — I think these are all in favor by the way. (Mr.) T.J. Apple, 4945 Rock Rose Loop, in Sanford, (Florida); (Mr.) Todd and (Ms.) Lorrie Adams, 419 South Hawthorn Circle in Winter Springs, (Florida); (Mr.) Ronnie Hodges, 141 North Fairfax (Avenue), Winter Springs, (Florida) in favor; (Ms.) Traci Hodges, also 141 North Fairfax Avenue, (Winter Springs, Florida) is in favor; (Ms.) Theresa Martz , 223 Charles Street, Winter Springs, (Florida) is in favor; (Ms.) Donna Smoot, 210 West Panama Road, Winter Springs, (Florida) is in favor; (Ms.) Susan Phipps, 1510 Fox Glen Drive, in Winter Springs, (Florida); (Ms.) Ginger Schmaus, 510 Shane Circle, in Winter Springs, (Florida) also in favor; (Ms.) Julie Bowen, 103 Seville Chase (Drive), Winter Springs, (Florida); (Mr.) Scott Bowen, 103 Seville Chase (Drive), Winter Springs, (Florida); (Mr.) Keith Fields, 1522 Wescott Loop, in Winter Springs, (Florida), in favor." Continuing, Mayor Bush added, "(Ms.) Deana Jones, 502 Saddlewood Lane, in Winter Springs, (Florida) is in favor; (Ms.) Dena Adams, 102 Kristi Ann Court, in Winter Springs, (Florida) — (Ms.) Judith Sechrest - 304 Bridie Court, in Winter Springs, (Florida)." Mayor Bush then asked if Ms. Adams was in attendance. Furthermore, Mayor Bush noted the following names: "(Mr.) John Luddy, also 102 (Kristi Ann Court, Winter Springs, Florida), is John (Luddy) here? [No answer was heard.] (Ms.) Shannon Carter, 333 Lake Shepard Drive, in Apopka, (Florida); (Ms.) Margaret Wattam, 574 West Springtree Way, in Lake Mary, (Florida); (Ms.) Carol Foulker, 780 Orchid Avenue, in Casselberry, (Florida); (Ms.) Mist Yancey, 2820 Sun Lake Loop, in Lake Mary, (Florida); (Ms.) Michelle Bartley, 1260 Wellington Terrace, in Maitland, (Florida); (Ms.) Lisa Sumrall, 1463 Shadowmoss Circle, in Lake Mary, (Florida); (Ms.) Ami Haddad, 1939 Darlin Circle, in Orlando, (Florida); (Ms.) April Brownhoue; 118 Rockwood Way, in Sanford, (Florida); (Ms.) Ellen Humphrey, 5036 Tangerine Way, in Winter Park, (Florida); (Ms.) Jenifer Johnson, 329 Fairfield Drive, in Sanford, (Florida); (Ms.) Denni Breen, 1228 Roxboro Road, in Longwood, (Florida); (Ms.) Maria Perricone, 1057 Piedmont Oaks Court, in Apopka, (Florida); (Ms.) Joy Kinkopf, 2914 Gimli Lane, in Casselberry, (Florida); (Ms.) Christina Giddings, 117 Mayfield Drive, in Sanford, (Florida); (Ms.) Agatha Goodmen, 5169 Fillmore Place, in Sanford, (Florida); (Ms.) Pam Moreland, 1110 Lamar Avenue, in Altamonte Springs, (Florida); (Ms.) Margaret Wolfe, 153 Clyde (Avenue), in Longwood, (Florida); (Ms.) Kelly Longway, 2657 Reagan Trail, in Lake Mary, (Florida); (Ms.) Sarah Hampel, 1881 Carollee Lane - Winter Park, (Florida); (Ms.) Petra Strausser, 1207 Moses Creek Court, in Oviedo, (Florida); (Ms.) Ashley Buss, 216 Summerwood Trail, in Maitland, (Florida); (Ms.) Shawna Hobson, 104 Cedar Heights Court, in Sanford, (Florida); and (Mr.) David and (Ms.) Jamie Ellington, 426 Boxwood Circle, in Winter Springs, (Florida)." Mayor Bush closed this "Public Input" portion of the Agenda. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — SEPTEMBER 13, 2010 PAGE 7 OF 26 Tape 1 /Side B ❖ ❖ AGENDA NOTE: REGULAR AGENDA ITEM "600" WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. ❖ ❖ REGULAR AGENDA REGULAR 600. Community Development Department REQUEST: Requests The Commission Remove From The Table And Then Receive A Status Update For The Proposed Charter School In The Town Center And Provide Direction Regarding The Previously Tabled Development Agreement. FISCAL IMPACT: The Fiscal Impact Of The Proposed Charter School Is Discussed Above Under "Fiscal Analysis" And In Attachment B. COMMUNICATION EFFORTS: The Commission Agenda Has Been Posted On The Bulletin Board Outside City Hall, On The City's Electronic Sign; The Agenda Is Electronically Posted According To The City Clerk's Procedure. RECOMMENDATION: Staff Recommends That The City Commission Review The Enclosed Information And Provide Direction Regarding Any Issues To Be Addressed In The Developer's Agreement To Be Considered At A Future Special Or Regular City Commission Meeting. "MOTION TO REMOVE FROM THE TABLE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department introduced this Agenda Item and stated, "I need to clarify a couple of things relative to the Tax Income for this particular site. When we first came out, I think we had probably put an Agenda Item together that said there was Tax Revenue of around twenty thousand dollars ($20,000.00) on the vacant property. That in fact is correct; however what I had failed to do at that point in time was to state that only about five thousand (dollars) [$5,000.00] of that was City Tax Revenue. So, I wanted to clarify that." Further comments followed on Tax Revenues. Mr. Brian Fields, P.E., City Engineer, Public Works Department spoke on the Traffic Analysis and explained, "Staff also observed the car line operation at the existing Charter School on three (3) days and we also observed Winter Springs High School dismissal, just to see how that operation works." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 8 OF 26 With further comments on traffic, Mr. Fields stated, "The sensible thing here would be to possibly delay the dismissal time for the Charter School. They currently dismiss at 3 o'clock (p.m.) which should be okay; however, some parents come and start getting in the car line as early as 2:30 (p.m.) and that could be a potential overlap that could cause a lot of unnecessary congestion at this location. So, we recommended moving that start time back and I believe the Charter School has agreed to a fifteen (15) minute push -back which — school would start at 8:15 (a.m.) and dismiss at 3:15 (p.m.). I believe by doing that, they really avoid a lot of the potential conflicts that we'd be looking at, at these intersections. The second issue is onsite and that's the car line queuing operation. In our analysis, we counted a maximum, I'll call it the static queue, that's the maximum number of vehicles anytime that were in line, was 130. It varied from day -to -day and they changed operation a little bit while they were starting up, but 130 was the maximum. Now this is going to be a slightly larger school and there is some variation depending on how they operate that car line, so we recommended planning for onsite a queue of 150 to 160 vehicles; and they have re- submitted a plan showing a queue of 164 vehicles. We've reviewed that; I think it's good, what they demonstrate is they have the capacity to show that onsite. Through Final Engineering, I think that can be refined. They have room onsite to handle that number of vehicles." Mr. Alan C. Sheppard, Jr., Attorney, Greenberg Taurig, LLP, 450 South Orange Avenue, Suite 650, Orlando, Florida.: addressed the City Commission on behalf of the Applicant, Choices In Learning Charter School, and reviewed the proposed Development Agreement. Discussion. Mr. Matt Breen, President, Breen Construction Services, 205 West State Road 434, Suite D, Winter Springs, Florida: reviewed a document entitled "Choices In Learning ". Mr. Bill McDermott, Director, Seminole County, Economic Development Department, 1055 AAA Drive, Suite 145, Heathrow, Florida: commented on the importance of excellent schools in Seminole County. Further comments. Commissioner McGinnis mentioned she would support this project and that she would like a tour. Discussion. With further comments, Mr. Fields noted, "We received the updated study today. We do want to review that the responses we received indicate we agree with the approaches that would be taken, and we just need to check the data to follow -up that it will indeed support what's indicated in the comment responses. One other thing related to that, we'd recommend that if you take action on a Developer's Agreement that we memorialize the change in start and dismissal times to a fifteen (15) minute push back." With further comments, Manager Smith stated, "I would recommend that you do Approve the Development Agreement subject to the following: subject to a payment in lieu of taxes of five thousand dollars ($5,000.00) with — a CPI (Consumer Price Index) type escalator consistent with what the Seminole County Property Appraiser's Office would place on other properties that they value. Secondly, the joint utilization of the facilities locked in, in this Agenda Item being the Summer Camp, the Central Winds Highland Games, the 4 of July, the onsite Easements, and the start and dismissal times that Brian (Fields) articulated earlier; so the Development Agreement in your package, subject to those four (4) items." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — SEPTEMBER 13, 2010 PAGE 9 OF 26 Commissioner Gary Bonner said to Manager Smith, "What I heard the Applicant say is that there is flexibility embodied in the Development Agreement, that if we discover additional needs for modification to the Development Agreement, that may arise from Final Engineering for example, that there is a latitude to still hammer those things out, as need be. Is that your understanding ?" Manager Smith responded, "It is." Mayor Bush then said to Mr. Sheppard, "Is that your understanding ?" Mr. Sheppard remarked, "Yes in fact, I will just read to you here, Section 3.0., the very last sentence says, the `School and the City agree that the Conceptual Development Plan is intended to be conceptual in nature and subject to reasonable adjustments at the final site plan and final engineering phase'." Mayor Bush commented to Mr. Sheppard, "So, you said the same thing Kevin (Smith) did." Mr. Sheppard responded by saying, "Right." Next, Commissioner Joanne M. Krebs asked, "Is the Applicant agreeable to the escalator that our City Manager mentioned ?" Mr. George McKenzie, 1229 Roxboro Road, Longwood, Florida: stated, "There would have to be a Board Meeting and the Board Members would have to Vote on that. Yes." "I WOULD LIKE TO MOVE THAT WE PROCEED WITH ACCEPTING ITEM `600' - SUBJECT TO THOSE FOUR (4) ITEMS THAT THE MANAGER REFERENCED FOR MODIFICATION AND THE AMENDMENT TO THE DEVELOPER'S AGREEMENT." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. COMMISSIONER McGINNIS ASKED, "DOES THAT INCLUDE BRIAN'S (FIELDS) REQUESTS ?" COMMISSIONER BONNER STATED, "YES, THAT WAS ONE OF THE FOUR (4), WAS MY UNDERSTANDING." ATTORNEY GARGANESE ADDED, "JUST CLARIFICATION THAT YOU ARE AUTHORIZING THE MANAGER AND I TO FINALIZE THE TEXT IN THE DEVELOPMENT AGREEMENT AND AUTHORIZE THE MAYOR TO EXECUTE." COMMISSIONER BONNER SAID, "THAT IS CORRECT, APPROVAL OF ITEM `600' SUBJECT TO YOU AND THE MANAGER MODIFYING THE DEVELOPER'S AGREEMENT TO INCLUDE THE FOUR (4) ITEMS THAT THE MANAGER BROUGHT FORWARD." VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Tape 2 /Side A Mayor Bush called a Recess at 6:42 p.m. The Meeting was called back to Order at 6:45 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 10 OF 26 ❖ ❖ AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS_ "303" WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. .;..;. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 303. Office Of The Mayor Presentation Of A Proclamation to Ms. Ethel Bonura In Honor Of Her Valued Service To The City Of Winter Springs As A School Crossing Guard For More Than 25 Years. Mayor Bush presented a Proclamation in honor of Ms. Ethel Bonura for her appreciated service to the City of Winter Springs as a School Crossing Guard. 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. Brief discussion. INFORMATIONAL 101. City Consultant — Land Design Innovations, Inc. REQUEST: Presenting The Summary Report For Economic Development Activities From July 19, 2010 Through August 13, 2010. The Information In This Agenda Item Will Be Verbally Presented Under Item 301 At The September 13, 2010 Commission Meeting. 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. RECOMMENDATIONS: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 11 OF 26 INFORMATIONAL 102. Police Department REQUEST: Wishes To Advise The City Commission Of A Comparison Of Crime Statistics For 2005 — 2009. This Agenda Item Will Be Followed By A Presentation Under Awards And Presentations Agenda 302. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The Commission Regular Agenda Placed On The City Web Site And Provided At The Citizen Advisory Committee. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. No discussion. INFORMATIONAL 103. Office Of The City Clerk REQUEST: Wishes To Inform The City Commission Of The Candidates That Have Qualified For The November 2, 2010 City Of Winter Springs General Municipal Election. FISCAL IMPACT: There Is No Fiscal Impact To Be Considered With The Approval Of This Agenda Item. COMMUNICATION EFFORTS: The Final Qualifying Results Noted In This Agenda Item Have Been Sent To The Seminole County Supervisor Of Elections, The Secretary Of State For The State Of Florida, And Candidates. Additionally, This Agenda Item Has Been Distributed To The Mayor And City Commission; City Manager; City Attorney; Department Directors; 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 City Commission Is Requested To Accept The Information In This Agenda Item As Presented. There was no discussion on this Agenda Item. "MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 12 OF 26 CONSENT AGENDA CONSENT 200. Not Used. CONSENT 201. Office Of The City Attorney REQUEST: Presents Resolution 2010 -44 To The City Commission, Modifying The General Sign Performance Standards For The Electric Message Board Feature Of The Existing Permanent Monument Sign Located At The Entrance Of City Hall On State Road 434. FISCAL IMPACT: None. COMMUNICATION EFFORTS: RECOMMENDATION: The City Attorney Recommends That The City Commission Consider Approval Of Resolution 2010 -44 Modifying The General Sign Performance Standards For The Electric Message Board Feature Of The Existing Permanent Monument Sign Located At The Entrance Of City Hall On State Road 434. No discussion. CONSENT 202. Office Of The City Attorney REQUEST: Requests That The City Commission Consider Adopting Resolution 2010 -47 Opposing The Hometown Democracy Amendment 4. FISCAL IMPACT: None. No Public Funds Will Be Expended To Disseminate The Resolution. Any Person Requesting A Copy Of The Resolution Will Be Required To Reimburse The City For Copying Charges. COMMUNICATION EFFORTS: None, Other Than The Resolution Was Placed On The City Commission Agenda In The Normal Course Of City Commission Business. Upon Adoption, The Resolution Will Be Recorded In The Official Records Of The City In The Same Manner As Any Other Resolution Adopted By The City Commission. RECOMMENDATIONS: This Is A Policy Matter For The City Commission. The City Attorney Recommends The City Commission Consider Adopting The Attached Resolution. Further, If Adopted By The Commission, The City Attorney Recommends, In Accordance With Section 5 Of The Resolution, That The City Not Expend Any Public Funds To Disseminate The Resolution In Any Communication Media In Order To Be Compliant With Section 106.113, Florida Statutes. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 13, 2010 PAGE 13 OF 26 CONSENT 203. Office Of The City Attorney And Office Of The City Manager REQUEST: Presents To The City Commission For Consideration And Approval The Text To Be Published In The 2010 Referendum Ballot Mailer. FISCAL IMPACT: The Cost Of Publishing The Mailer And Mailing The Mailer To The Voters Of Winter Springs Is Estimated To Be Approximately $7,000.00. COMMUNICATION EFFORTS: The Mailer Will Be Mailed To Winter Springs Residents, Posted At City Hall, Posted On The City's Website, And Made Available To Voters Of Winter Springs At Various Assemblies. RECOMMENDATIONS: The City Attorney And City Manager Recommend That The City Commission Consider Approving The Mailer For Publication This Agenda Item was not discussed. CONSENT 204. Parks And Recreation Department REQUEST: Requesting That The City Commission Consider The Request From Compassionate Friends To Place 2 Additional Memorial Benches In The Children's Memorial Area In The Wooded Passive Area Of The Central Winds Park. FISCAL IMPACT: -0- COMMUNICATION EFFORTS: Copies And /Or Access To This Agenda Item Have Been Provided To The Mayor And City Commission, City Attorney, Department Directors; Placed In Press Packets; Placed In Press Packets; Placed In The Lobby Binder; Is Available On The City's Website, Laserfiche, And The City's Server; And Through All Other Actions Completed Via The City Clerk's Posting Procedure. Compassionate Friends Will Communicate With Parks And Recreation Staff Regarding Location And Installation. RECOMMENDATION: Parks And Recreation Recommends That The City Commission Consider This Request From Compassionate Friends To Place 2 Additional Memorial Benches In The Children's Memorial Area In The Wooded Passive Area Of Central Winds Park And Take Any Action They Deem Appropriate. Deputy Mayor Rick Brown said to Manager Smith, "I don't know that you can have a Consent Item that asks for direction. What would you like us to do with this ?" Manager Smith suggested, "I would ask that the City Commission Approve the receipt of the donation of two (2) additional benches from the good folks at Compassionate Friends — similar to the approach we took with the benches from the THOA (Tuscawilla Homeowner's Association) — that would be our recommendation." CONSENT 205. Parks And Recreation Department REQUEST: Requests The City Commission To Authorize The Mayor To Execute The Sixth Addendum To The MV Transportation Agreement For Senior Center Transportation For One (1) Year. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 14 OF 26 FISCAL IMPACT: Budgeted In 10 /11 [2010/2011], Account 7250 - 53186, $25,000.00. Staff Is Researching Grants To Reduce Fiscal Impact. COMMUNICATION EFFORTS: Copies And /Or Access To This Agenda Item Have Been Provided To The Mayor And City Commission, City Attorney, Department Director; Placed In Press Packets; Placed In The Lobby Binder; Is Available On Laserfiche, And The City Website. Parks And Recreation Staff Has Informed Winter Springs Seniors Regarding Schedule & Activities. RECOMMENDATIONS: The Parks And Recreation Department Recommends Approval Of The Transportation Disadvantaged Services Agreement Sixth Addendum For Senior Center Transportation. No discussion. CONSENT 206. Information Services Department REQUEST: Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. FISCAL IMPACT: There Is No Cost To Dispose Of These Surplus Assets. The City Receives Revenue Generated From Items Sold At Auction. COMMUNICATION EFFORTS: A Copy Of The List Of Items To Be Disposed Of Has Been Posted On The City's Website Under Public Notices. Additionally, The Contact Information For The Vendor Conducting The Auction Has Also Been Provided On The Website. RECOMMENDATION: It Is Requested That The City Commission Approve The Disposition Of The Attached List Of Surplus Assets. There was no discussion on this Agenda Item. CONSENT 207. Utility/Public Works Department REQUEST: Requests That The City Commission Approve Resolution Number 2010 -49 Recognizing The Retirement Of Public Works Department Employee Alan Hill. FISCAL IMPACT: There Is No Fiscal Impact If Resolution Number 2010 -49 Is Approved. COMMUNICATION EFFORTS: Copies Or Access To This Agenda Item And Resolution Have Been Provided 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: It Is Recommended That The City Commission Approve Resolution Number 2010 -49 In Honor Of Public Works Department Employee Alan Hill. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 15 OF 26 CONSENT 208. Utility/Public Works Department REQUEST: Requesting The City Commission Authorize Executing An Agreement With Ashbritt Environmental For Storm Debris Removal By Piggybacking Off Their Current Contract With Orange County. FISCAL IMPACT: No Funding Is Required At This Time. The Contract Value Is Limited To $500,000.00 Unless Approved By The City. Depending Of The Scope Of A Storm Event Requiring These Services, The Funding Source Will Likely Be The Storm Reserve Fund. COMMUNICATION EFFORTS: The Debris Removal Contract Is Reviewed Annually With The Parties Involved As Part Of Our Hurricane Preparedness Meetings. RECOMMENDATION: It Is Recommended That Authorization Be Given For City Manager And City Attorney To Prepare And Execute Any And All Documents Necessary To Contract With Ashbritt Environmental For Storm Debris Removal Services By Piggybacking Off Orange County # Y10 -113C. No discussion. CONSENT 209. Information Services Department REQUEST: Requests Commission Approve Renewal And Payment Of The MUNIS Annual Maintenance And Support Agreement In The Amount Of $59,055.75 And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. FISCAL IMPACT: $59,055.75. This Item Is Budgeted In Information Services Department 1340. COMMUNICATION EFFORTS: No Extra Communication Efforts Are Necessary At This Time. RECOMMENDATION: Information Services Requests Commission Approve Renewal And Payment Of The MUNIS Annual Maintenance And Support Agreement In The Amount Of $59 ,055.75 And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. There was no discussion on this Agenda Item. CONSENT 210. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The August 10, 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 16 OF 26 RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The August 10, 2010 City Commission Workshop Minutes. This Agenda Item was not discussed. CONSENT 211. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The August 16, 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 August 16, 2010 City Commission Workshop Minutes. No discussion. CONSENT 212. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The August 23, 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. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The August 23, 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 BY COMMISSIONER McGINNIS. DISCUSSION. CITY CLERK ANDREA LORENZO-LUACES ASKED, "THE MOTION TO APPROVE, INCLUDES THE COMMENTS FROM THE MANAGER ?" DEPUTY MAYOR BROWN NOTED, "IT INCLUDES THE REVISION TO THE RECOMMENDATION." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 17 OF 26 VOTE: COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. • • AGENDA NOTE: THE FOLLOWING (REMAINING) AWARDS AND PRESENTATIONS WERE DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. • • AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 301. Land Design Innovations, Inc. — City Consultant Presentation From Land Design Innovations, Inc. Updating The City Commission On Economic Development Efforts. (Follow Up Presentation From Informational Agenda Item "101 ".) Ms. Tracy Crowe, AICP, Senior Planner, Land Design Innovations, Inc., 1770 Fennel Street, Suite 200, Maitland, Florida :: addressed the City Commission on the SEMATECH project. With further comments on SEMATECH, Ms. Crowe stated, "I know we drafted a template letter to provide to all of you. If you have any citizens that want to write letters of recommendation for the project, or encouragement that they would like to have the project here in Winter Springs so there is a template out there." Mayor Bush mentioned, "The University does not want any letters yet." Mayor Bush then suggested to Ms. Crowe, "You might want to check with Dr. Holsenbeck." Ms. Crowe stated, "Absolutely." AWARDS AND PRESENTATIONS 302. Police Department Requesting The Mayor And City Commission Receive A Presentation From The Police Department On A Comparison Of Crime Statistics For 2005 — 2009. (Follow Up Presentation From Informational Agenda Item "102 ".) Chief of Police Kevin Brunelle spoke to City Commission on Uniform Crime Reporting. Discussion. Commissioner McGinnis asked if he received statistics on child sex abuse. Chief Brunelle stated, "I can get them for you." Commissioner McGinnis added, "Once a year, I use to get them and report them, and that might be good to include that in part of your reporting annually." Chief Brunelle noted he will be sending out an Annual Report shortly, and added, "I would be happy to add that information." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 18 OF 26 Commissioner Bonner spoke on the "Citizens on Patrol" program and asked if related "Citizens on Patrol's" calls to service could be added to future Reports. Chief Brunelle explained, "You will see it for the first time next month, in the Monthly Report." Manager Smith remarked, "Just to publically acknowledge and commend the Chief and the men and women from the Winter Springs Police Department - when you look at the statistics that the Chief put up over the six (6) month period for 2010 comparable to 2009 and actually a nine (9) month period now — the eight percent (8 %) reduction in crime to accomplish that — during normal times is tremendous, but in my opinion to do so in a tight budget and a tough economy is extraordinary, so my kudos." AWARDS AND PRESENTATIONS 304. Office Of The Mayor And City Commission Presentation Of Resolution Number 2010 -49 Recognizing Alan Hill For His 15 Years Of As An Employee Of The City Of Winter Springs And Expressing Our Appreciation On Behalf Of The Citizens Of The City Of Winter Springs. Mayor Bush presented Resolution 2010 -49 to Mr. Alan Hill in honor of his dedicated service to the City as he retires. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese commented on the recently Elected Officials and explained, "As a Commissioner -Elect and Mayor - Elect, we have two (2) of them that are going to be joining the City Commission after the Election, they are subject to the Sunshine Law as if they were a Member of the City Commission already." Furthermore, Attorney Garganese added, "There is one minor exception, there are two (2) of you that will not be on the Commission when they begin their terms so discussions between Commissioner McGinnis and Mayor Bush and the two (2) - Commissioner -Elect and Mayor -Elect is permissible, but the rest of you have to be governed by the Sunshine Law with respect to those two (2) folks." REPORTS 401. Office Of The City Manager — Kevin L. Smith No Report. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC City Clerk Andrea Lorenzo - Luaces commented on the scheduled League of Women Voter's Winter Springs Candidate Night and asked, "Would you like me to have that cancelled ?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — SEPTEMBER 13, 2010 PAGE 19 OF 26 Commissioner McGinnis and Commissioner Krebs stated, "Cancel it." No objections were voiced. REPORTS 403. Office Of Commissioner Seat Four— The Honorable Sally McGinnis Commissioner McGinnis asked if we "Could have a Consensus to have the City Manager contact the owner of the Golf Course and take those front walls down on the boulevard that says `Winter Springs Golf Course'. They look terrible and it is not a Winter Springs facility - and I also would like to see the whole clubhouse knocked down. The roof is falling in, it is full of mold, and it is a hazard." Discussion followed on whether this was a public safety issue. Chief Brunelle noted, "We'll keep a regular eye on it. If it becomes a health safety issue, we'll certainly address it." Attorney Garganese remarked about the "Discontinued sign issue — when the Commission Amended the Code, the new Sign Code expressly addresses discontinued signs and if property has been vacant and unoccupied for a period of ninety (90) days or more and any sign face which advertises service no longer conducted or a product no longer sold upon the premises where the sign is located, is prohibited under the Sign Code." Tape 2 /Side B Attorney Garganese added that there is "The International Property Maintenance Code provisions and other provisions in the City Code that the Building Official and Code Enforcement can look at to address any deterioration of the building that may present a property maintenance issue." Mayor Bush asked the City Commission, "Everybody is in agreement with Commissioner McGinnis' recommendation ?" Commissioner Krebs and Deputy Mayor Brown stated, "Yes." No objections were noted. REPORTS 404. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs asked Attorney Garganese when the new Elected Officials would take Office if the Charter Amendments pass in early November. Attorney Garganese responded by saying, "I will have a final answer before the Election." Next, Commissioner Krebs mentioned she had been contacted by representatives with Sonesta Pointe regarding aesthetics. Other Commissioners noted they had been contacted also. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 20 OF 26 REPORTS 405. Office Of The Mayor — The Honorable John F. Bush Mayor Bush offered his Congratulations to Deputy Mayor Brown who was Elected as Boys Town's Chair. Secondly, Mayor Bush mentioned that Seminole County said they were planning to give Envision Seminole one hundred thousand dollars ($100,000.00) for an Economic Study. Mayor Bush added, "We contribute to the Envision Board — each of our cities, and we weren't notified of it." Mayor Bush then noted that he would attend a Seminole County Board of County Commissioners meeting - to share with them his displeasure. Commissioner Krebs noted, "We support you on that." Thirdly, Mayor Bush commented on some Incubator meetings he had recently attended and suggested others meet with the companies also. REPORTS 406. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Hovey commented on the turn lane near Papa Tony's. Next, Commissioner Hovey noted she had attended last week's Citizen's Advisory Committee (CAC) Meeting and mentioned a new program called, "Operation Medicine Cabinet." Discussion followed with Chief Brunelle who spoke on the merits of this new program and explained that unused medicines can be dropped off in a new drop box at the Police Department and added, "If you can't come to the PD (Police Department), we'll come and get it." Deputy Mayor Brown said to Chief Brunelle, "Are you going to notify all of the Pharmacy's in the City ?" Chief Brunelle then explained what he will be doing to get the word out. Further comments. Lastly, Commissioner Hovey mentioned that she had attended a TABOR (Taxpayer Bill of Rights) meeting. Further comments. REPORTS 407. Office Of Commissioner Seat Two/Deputy Mayor — The Honorable Rick Brown Deputy Mayor Brown asked about the status of the Ladybird Academy and inquired about a lawsuit by Ladybird Academy against Ladybird, Inc., and also asked if the lawsuit would affect us? Mr. Stevenson said, "I don't know at this point but I will certainly check on it tomorrow." REPORTS 408. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Bonner mentioned he had attended the last Town Parke Apartments meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 21 OF 26 Secondly, Commissioner Bonner commented on homelessness in Seminole County and invited his peers on the dais to attend a "Pathways to Home" event on September 25, 2010 to help with homelessness. Next, Commissioner Bonner recognized the newly Elected Officials for Winter Springs. Continuing, Commissioner Bonner also noted that he wanted, "To recognize the many years of Service of Commissioner McGinnis — thank you very, very much for your eight (8) years of service to our community; and for the extraordinary service record of outgoing Mayor John Bush — so, thank you very much for your service to our community." ❖ ❖ AGENDA NOTE: THE FOLLOWING SUPPLEMENTARY REPORTS WERE DISCUSSED NEXT, IN ADDITION TO WHAT WAS NOTED ON PAGES 19 -20 OF THESE MINUTES. ❖ ❖ REPORTS REPORTS 404. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs suggested that the City Commission and the City Manager might be interested in possibly serving on one of the Florida League of Cities' Policy Committees and added, "Please get involved." REPORTS 405. Office Of The Mayor — The Honorable John F. Bush Mayor Bush commented on a recent Atlantic Housing Partners, LLLP meeting and suggested Atlantic Housing Partners, LLLP could possibly pay overtime costs for Staff to assist with any PowerPoint presentations. ❖ ❖ AGENDA NOTE: ADDITIONAL PUBLIC INPUT WAS HEARD NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. •:•• PUBLIC INPUT Ms. Chris Blackwell, 711 Sybilwood Circle, Winter Springs, Florida: recognized Mr. Stevenson and Mr. Steve Richart, (Urban Beautification Services Division, Community Development Department), "For their kindness and professionalism; they were wonderful to work with; quite helpful and I am very grateful." Ms. Blackwell added, "I also want to thank (Commissioner) Jean Hovey for her insight, wisdom, and integrity. It's always a pleasure." Continuing, Ms. Blackwell addressed the City Commission on behalf of herself and the Indian Trails Middle School PTSA on the Indian Trails Middle School new electronic sign and asked why the City wanted to have messages run on their sign. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 22 OF 26 PUBLIC HEARINGS AGENDA - PART II PUBLIC HEARINGS 502. Office Of The City Attorney REQUEST: Requests That The City Commission Approve On Second Reading Of Ordinance Number 2010 -21, Which Revises The Administrative Procedural Portions Of The City Code To Expressly Require And Authorize The Planning And Zoning Board To Review And Make Advisory Recommendations On Development Applications In The Town Center FISCAL IMPACT: No Funding Requirements Are Tied To The Approval Of This Agenda Item. However, If This Ordinance Is Approved, The Planning And Zoning Board May Need To Conduct Additional Meetings In The Future To Handle Town Center Development And Special Exception Applications. COMMUNICATION EFFORTS: The Ordinance Was Advertised For Public Hearing Before The Planning And Zoning Board As Well As Before The First And Second Readings Before The City Commission. The Advertisements Were Published In A Newspaper, Posted On The City's Web Site And Bulletin Boards. RECOMMENDATION: The City Attorney Requests That The City Commission Approve On Second Reading Of Ordinance Number 2010 -21. 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. "I WOULD LIKE TO MAKE A MOTION TO APPROVE ON SECOND READING" (ORDINANCE 2010 -21). MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER McGINNIS. 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 - SEPTEMBER 13, 2010 PAGE 23 OF 26 REGULAR AGENDA REGULAR 601. Office Of The City Attorney REQUEST: Pursuant To City Commission Directive, The City Attorney Has Prepared An Interlocal Agreement Between The City And The Seminole County School Board, Authorizing An Electronic Message Board Feature To Be Incorporated Into, Or To Replace, The Existing Permanent Sign Located At The Entrance Of The Indian Trails Middle School And Establishing A Related Use And Performance Standard Policy. FISCAL IMPACT: None. COMMUNICATION EFFORTS: RECOMMENDATION: The City Attorney Recommends That The City Commission Consider Approval Of The Interlocal Agreement Between The City And The Seminole County School Board, Authorizing An Electronic Message Board Feature To Be Incorporated Into, Or To Replace, The Existing Permanent Sign Located At The Entrance Of The Indian Trails Middle School And Establishing A Related Use And Performance Standard Policy. Attorney Garganese pointed out, "On page 2 of the Agreement, the 3r recital, it states that the sign will be `without contribution from any public or private entity' — the language `without contribution from any public or private entity' should be stricken from the Agreement." "MOTION TO APPROVE ". MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. REGULAR 602. Office Of The City Attorney And City Staff REQUEST: Requests That The City Commission Consider Approval Of Resolution No. (Number) 2010- 43, Authorizing The City To Solicit Sponsorship Funds To Help Off -Set The Costs Of The City's Existing Light Post Banner Program And Establishing An Administrative Policy For Incidental Sponsorship Acknowledgments On Light Post Banners. FISCAL IMPACT: The Precise Fiscal Impact Is Yet To Be Determined. It Is Intended That The City Will Receive Increased Revenues To Help Offset The Cost Of Operating And Maintaining The City's Light Post Banner Program Established By Resolution 2009 -29. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 24 OF 26 COMMUNICATION EFFORTS: RECOMMENDATIONS: The City Attorney And City Staff Recommends That The City Commission Approve Resolution 2010 -43, Establishing An Administrative Sponsorship Policy For The Light Post Banner Program. "MOTION TO APPROVE ". MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 603. Office Of The City Manager And Office Of The City Clerk REQUEST: Request That The City Commission Make Appointments To The City's New "Bicycle And Pedestrian Advisory Committee ", Which Was Approved At The August 23, 2010 Regular City Commission Meeting With The Ratification Of Ordinance 2010 -06. FISCAL IMPACT: There Is No Specific Fiscal Impact To These Appointments. However, Once The "Bicycle And Pedestrian Advisory Committee" Begins Meeting, Office Of The City Clerk's Staff Will Be Providing Administrative Assistance To The "Bicycle And Pedestrian Advisory Committee ". Such Costs Are Estimated To Be Approximately $3,076.00 Per Year; And Have Been Budgeted For Fiscal Year 2010 -2011; With Funds Coming From Office Of The City Clerk Overtime Salaries (Line Code 1210- 51214). Community Development Department Liaison Staff Costs Have Been Absorbed Otherwise. COMMUNICATION EFFORTS: This Agenda Item Has Been Distributed To The Mayor And City Commission; City Manager; City Attorney; Department Directors; 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 City Commission Is Requested To Ratify Appointment(s) To The "Bicycle And Pedestrian Advisory Committee ". "LARRY HARTMAN" NOMINATED TO SERVE ON THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE. MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 25 OF 26 "GEORGE COLOMBO" NOMINATED TO SERVE ON THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. "GARY BROOK" NOMINATED TO SERVE ON THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE. MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. "WILLIAM CARPENTER" NOMINATED TO SERVE ON THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE. MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR 604. Office Of The City Manager And Office Of The City Clerk REQUEST: Request That The City Commission Make Appointments To The City's New "Parks And Recreation Advisory Committee ", Which Was Approved At The August 23, 2010 Regular City Commission Meeting With The Ratification Of Ordinance 2010 -07. FISCAL IMPACT: There Is No Specific Fiscal Impact To These Appointments. However, Once The "Parks And Recreation Advisory Committee" Begins Meeting, Office Of The City Clerk's Staff Will Be Providing Administrative Assistance To The "Parks And Recreation Advisory Committee ". Such Costs Are Estimated To Be Approximately $3,076.00 Per Year; And Have Been Budgeted For Fiscal Year 2010 -2011; With Funds Coming From Office Of The City Clerk Overtime Salaries (Line Code 1210- 51214). Parks And Recreation Department Liaison Staff Costs Have Been Absorbed Otherwise. CITY OF WINTER SPRINGS FLORIDA E S O ; U Incorporated 1959 CITY COMMISSION MINUTES REGULAR MEETING MONDAY, SEPTEMBER 13, 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 - SEPTEMBER 13, 2010 PAGE 2 OF 26 CALL TO ORDER The Regular Meeting of Monday, September 13, 2010 of the City Commission was called to Order by Mayor John F. Bush at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Rick Brown, present Commissioner Jean Hovey, present Commissioner Gary Bonner, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. Mayor Bush commented that he would like to have Awards And Presentations "300" heard right after the first two (2) Public Hearings, then hold Public Input for Regular Agenda Item "600 ", followed by Regular Agenda Item "600 ". No objections were noted. PUBLIC HEARINGS AGENDA - PART I PUBLIC HEARINGS 500. Office Of The City Manager REQUEST: Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution No. (Number) 2010 -45, Which Establishes The Tentative Operating Millage Rate For Fiscal Year 2010 -2011 For The City Of Winter Springs At 2.4714 Mills Which Is 6.40% Less Than The Rolled - Back Rate Of 2.6404 Mills And The Tentative Voted Debt Service Millage Rate For Fiscal Year 2010 -2011 For The City Of Winter Springs At 0.1100 Mills. FISCAL IMPACT: The Decision To Levy An Operating Millage Rate Of 2.4714 Mills As Opposed To The Rolled -Back Rate Of 2.6404 Mills Results In Reduced Ad Valorem General Fund Revenues Of Approximately $288,000.00. The Decision To Maintain The Voted Debt Service Millage Rate At 0.1100 Mills Required A Subsidy From The General Fund To The Central Winds Debt Service Fund In The Amount Of $44,000.00. COMMUNICATION EFFORTS: Upon Approval And Adoption Of Resolution No. 2010 -45, The Appropriate Advertising Will Run In The Orlando Sentinel On September 23, 2010 -Which Will Reflect The Tentative Millage Rates For Fiscal Year 2010 -2011 And Announce The Final Public Hearing On September 27, 2010 At 5:15 P.M. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 3 OF 26 RECOMMENDATION: • Recommend That The Commission Adopt Resolution No. 2010 -45 Establishing The Tentative Operating Millage Rate At 2.4714 Mills And Tentative Voted Debt Service Millage Rate At 0.1100 Mills For Fiscal Year 2010 -2011. • Recommend That The Commission Adopt Resolution No. 2010 -45 Authorizing The City To Advertise The City's Intent To Hold Public Hearings To Adopt Final Millage Rates And Final Budget In A Newspaper Of General Circulation In Compliance With Florida Statute 200.065. 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. "I MAKE A MOTION FOR APPROVAL" (RESOLUTION 2010 -45). MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. ATTORNEY GARGANESE STATED, "THE PROPOSED RESOLUTION 2010 -45 PROPOSES TO ADOPT A MILLAGE RATE OF 2.4714 MILLS AND A TENTATIVE VOTED DEBT SERVICE MILLAGE RATE OF .1100 MILLS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30 2011. THE TENTATIVE OPERATING MILLAGE RATE OF 2.4714 MILLS IS LESS THAN THE COMPUTED ROLLED -BACK RATE OF 2.6404 BY 6.40 PERCENT." VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office Of The City Manager REQUEST: Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution No. 2010 -46, Establishing The Tentative Budget For Fiscal Year 2010 -2011. FISCAL IMPACT: The Tentative City -Wide Budgets By Fund Type Currently Reflect The Following Appropriations To (From) Fund Balance: General Fund — ($538,698.00); Comprised Of $1,955.00 Of Positive Operating Coverage And ($540,653.00) In Capital/Non- Recurring Coverage Governmental Funds (Exclusive Of General Fund) — ($2,599,303.00) Enterprise Funds — ($1,026,463.00) COMMUNICATION EFFORTS: Upon Approval And Adoption Of Resolution No. 2010 -46, A Budget Summary Advertisement Will Be Placed In The Orlando Sentinel On September 23, 2010 Reflecting The Tentative Budget For Fiscal Year 2010 -2011. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 4 OF 26 RECOMMENDATION: • Recommend That The Commission Approve The Tentative Budget For Fiscal Year 2010 -2011 Or Amend It As It Deems Necessary. • Recommend That The Commission Adopt Resolution No. 2010 -46 Establishing The Tentative Budget For Fiscal Year 2010 -2011 As Approved By The Commission; And Authorizing The City To Advertise The City's Intent To Hold Public Hearings To Adopt Final Millage Rates And Final Budget And To Include A Budget Summary In A Newspaper Of General Circulation In Compliance With Florida Statute 200.065. City Manager Kevin L. Smith stated, "Just again for those in the audience that may not have heard this yet, just wanted to thank everyone on the team again for the ability to present a Budget for the second year in a row with no increase in the Millage Rate to our citizens." 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" (RESOLUTION 2010 -46). MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. Mayor Bush said to the City Commission, "If you have no objection, I would like to go to item (Awards And Presentations) "300 ". Commissioner Sally McGinnis stated, "That is fine." No objections were noted. • • AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS "300" WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. .;..;. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of Commissioner Jean Hovey Requesting The City Commission Receive A Presentation From Dr. Bill Vogel, Superintendent of Seminole County Public Schools Related To The 1 /z Cent Sales Tax. Dr. Bill Vogel, Superintendent, Seminole County Public Schools, 400 East Lake Mary Boulevard, Sanford, Florida: addressed the City Commission and discussed a PowerPoint presentation. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 5 OF 26 Discussion followed on Seminole County Public Schools, and a proposed '/2 Cent Sales Tax. With further comments, Dr. Vogel noted, "More than seventeen million dollars ($17,000,000.00) of projects would go right into Winter Springs area schools right here. We have that list. Every school will know exactly where that money is going." Discussion. Commissioner Jean Hovey commented on roof leaks and suggested that the information provided be reviewed. Dr. Vogel mentioned to the City Commission, "Should Winter Springs enter into any consortium or any group to develop SeminoleWAY, the School Board is ready and willing to be a partner if there's an organization you form, or anything like that, we want to be there right with you." Discussion followed on Constitutional Amendments; the proposed new Charter School; and top ranked school systems in Florida. ❖ ❖ AGENDA NOTE: THE FOLLOWING PUBLIC INPUT WAS HEARD NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. •:••:• PUBLIC INPUT Ms. Barbara Croswell, 472 Tradition Lane, Winter Springs, Florida: commented on her concern with transportation issues and children who live less than two (2) miles from the proposed Choices In Learning Charter School. Ms. Diane Roman, 453 Cruz Bay Circe, Winter Springs, Florida: compared schools in Virginia to the Choices In Learning Charter School and noted her support of this proposed school. Ms. Diane Kessluk, 202 Holiday Lane, Winter Springs, Florida: commented in support of the proposed Choices In Learning Charter School and how her children have benefitted from this school. Mr. Boe Marshall, 1416 Madrid Way, Winter Springs, Florida: as a Volunteer Board Member, Mr. Marshall mentioned his support of the proposed Choices In Learning Charter School. Ms. Alison Pierce, 1127 Trotwood Boulevard, Winter Springs, Florida: commented in support of the proposed Choices In Learning Charter School and felt there were similarities between Private Schools and this school. Ms. Janet Kearney, 404 Dorchester Square, Lake Mary, Florida: as the Principal of the Choices In Learning Charter School, Ms. Kearney spoke of the merits of this school and noted that their Charter had been renewed and extended for fifteen (15) years. Mr. George McKenzie, 1229 Roxboro Road, Longwood, Florida: as the Chairman of the Board of Directors for the Choices In Learning Charter School, Mr. McKenzie noted that they had qualified for a nine point five million ($9,500,000.00) low- interest school construction Bond which has to be closed on very soon. Mr. Matthew Williamson, 1585 Redwood Grove Terrace, Lake Mary, Florida: commented in support of the proposed Choices In Learning Charter School, noted the merits and high educational scores of this school, and mentioned that the parents care about this school. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 6 OF 26 Mr. Jerry Walker Mills, Sr., Architect, Burke Hogue Mills, Inc., 1130 Business Center Drive, Lake Mary, Florida: as the Architect for this proposed project, Mr. Mills commented on how architectural projects are important to the economy, related employment factors, the Bond deadline, and spoke of some of the aspects of this site for the proposed Choices In Learning Charter School. Ms. Kacie Melvin, 409 Sheoah Boulevard #31/ 216 Highlands Glen Circle, Winter Springs, Florida: as the Music Teacher for the Choices In Learning Charter School, Ms. Melvin spoke of the merits of this proposed school, and also the car line. Ms. Shirley Busch, 601 Casa Park Court K, Winter Springs, Florida: noted she works in the Choices In Learning Charter School's business office and commented in support of this proposed project. Mr. Joshua Schiffermiller, 730 Galloway Drive, Winter Springs, Florida: spoke positively of the people affiliated with the Choices In Learning Charter School, and how this school solved his fear of public schools. Mayor Bush then mentioned names of individuals who had submitted Public Input forms: "(Ms.) Brandy Williams, 846 Dunbar Drive in Winter Springs, (Florida) is in favor; (Ms.) Tracey Dickerman, 704 Castlewood Drive, Winter Springs, (Florida) is in favor; (Ms.) Shanda Batchelor, 200 Torcaso Court in Winter Springs, (Florida) also in favor — I think these are all in favor by the way. (Mr.) T.J. Apple, 4945 Rock Rose Loop, in Sanford, (Florida); (Mr.) Todd and (Ms.) Lorrie Adams, 419 South Hawthorn Circle in Winter Springs, (Florida); (Mr.) Ronnie Hodges, 141 North Fairfax (Avenue), Winter Springs, (Florida) in favor; (Ms.) Traci Hodges, also 141 North Fairfax Avenue, (Winter Springs, Florida) is in favor; (Ms.) Theresa Martz , 223 Charles Street, Winter Springs, (Florida) is in favor; (Ms.) Donna Smoot, 210 West Panama Road, Winter Springs, (Florida) is in favor; (Ms.) Susan Phipps, 1510 Fox Glen Drive, in Winter Springs, (Florida); (Ms.) Ginger Schmaus, 510 Shane Circle, in Winter Springs, (Florida) also in favor; (Ms.) Julie Bowen, 103 Seville Chase (Drive), Winter Springs, (Florida); (Mr.) Scott Bowen, 103 Seville Chase (Drive), Winter Springs, (Florida); (Mr.) Keith Fields, 1522 Wescott Loop, in Winter Springs, (Florida), in favor." Continuing, Mayor Bush added, "(Ms.) Deana Jones, 502 Saddlewood Lane, in Winter Springs, (Florida) is in favor; (Ms.) Dena Adams, 102 Kristi Ann Court, in Winter Springs, (Florida) — (Ms.) Judith Sechrest - 304 Bridie Court, in Winter Springs, (Florida)." Mayor Bush then asked if Ms. Adams was in attendance. Furthermore, Mayor Bush noted the following names: "(Mr.) John Luddy, also 102 (Kristi Ann Court, Winter Springs, Florida), is John (Luddy) here? [No answer was heard.] (Ms.) Shannon Carter, 333 Lake Shepard Drive, in Apopka, (Florida); (Ms.) Margaret Wattam, 574 West Springtree Way, in Lake Mary, (Florida); (Ms.) Carol Foulker, 784 Orchid Avenue, in Casselberry, (Florida); (Ms.) Mist Yancey, 2820 Sun Lake Loop, in Lake Mary, (Florida); (Ms.) Michelle Bartley, 1260 Wellington Terrace, in Maitland, (Florida); (Ms.) Lisa Sumrall, 1463 Shadowmoss Circle, in Lake Mary, (Florida); (Ms.) Ami Haddad, 1939 Darlin Circle, in Orlando, (Florida); (Ms.) April Brownhoue; 118 Rockwood Way, in Sanford, (Florida); (Ms.) Ellen Humphrey, 5036 Tangerine Way, in Winter Park, (Florida); (Ms.) Jenifer Johnson, 329 Fairfield Drive, in Sanford, (Florida); (Ms.) Denni Breen, 1228 Roxboro Road, in Longwood, (Florida); (Ms.) Maria Perricone, 1057 Piedmont Oaks Court, in Apopka, (Florida); (Ms.) Joy Kinkopf, 2914 Gimli Lane, in Casselberry, (Florida); (Ms.) Christina Giddings, 117 Mayfield Drive, in Sanford, (Florida); (Ms.) Agatha Goodmen, 5169 Fillmore Place, in Sanford, (Florida); (Ms.) Pam Moreland, 1110 Lamar Avenue, in Altamonte Springs, (Florida); (Ms.) Margaret Wolfe, 153 Clyde (Avenue), in Longwood, (Florida); (Ms.) Kelly Longway, 2657 Reagan Trail, in Lake Mary, (Florida); (Ms.) Sarah Hampel, 1881 Carollee Lane - Winter Park, (Florida); (Ms.) Petra Strausser, 1207 Moses Creek Court, in Oviedo, (Florida); (Ms.) Ashley Buss, 216 Summerwood Trail, in Maitland, (Florida); (Ms.) Shawna Hobson, 104 Cedar Heights Court, in Sanford, (Florida); and (Mr.) David and (Ms.) Jamie Ellington, 426 Boxwood Circle, in Winter Springs, (Florida)." Mayor Bush closed this "Public Input" portion of the Agenda. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — SEPTEMBER 13, 2010 PAGE 7 OF 26 Tape 1 /Side B ❖ ❖ AGENDA NOTE: REGULAR AGENDA ITEM "600" WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. ❖ ❖ REGULAR AGENDA REGULAR 600. Community Development Department REQUEST: Requests The Commission Remove From The Table And Then Receive A Status Update For The Proposed Charter School In The Town Center And Provide Direction Regarding The Previously Tabled Development Agreement. FISCAL IMPACT: The Fiscal Impact Of The Proposed Charter School Is Discussed Above Under "Fiscal Analysis" And In Attachment B. COMMUNICATION EFFORTS: The Commission Agenda Has Been Posted On The Bulletin Board Outside City Hall, On The City's Electronic Sign; The Agenda Is Electronically Posted According To The City Clerk's Procedure. RECOMMENDATION: Staff Recommends That The City Commission Review The Enclosed Information And Provide Direction Regarding Any Issues To Be Addressed In The Developer's Agreement To Be Considered At A Future Special Or Regular City Commission Meeting. "MOTION TO REMOVE FROM THE TABLE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department introduced this Agenda Item and stated, "I need to clarify a couple of things relative to the Tax Income for this particular site. When we first came out, I think we had probably put an Agenda Item together that said there was Tax Revenue of around twenty thousand dollars ($20,000.00) on the vacant property. That in fact is correct; however what I had failed to do at that point in time was to state that only about five thousand (dollars) [$5,000.00] of that was City Tax Revenue. So, I wanted to clarify that." Further comments followed on Tax Revenues. Mr. Brian Fields, P.E., City Engineer, Public Works Department spoke on the Traffic Analysis and explained, "Staff also observed the car line operation at the existing Charter School on three (3) days and we also observed Winter Springs High School dismissal, just to see how that operation works." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 8 OF 26 With further comments on traffic, Mr. Fields stated, "The sensible thing here would be to possibly delay the dismissal time for the Charter School. They currently dismiss at 3 o'clock (p.m.) which should be okay; however, some parents come and start getting in the car line as early as 2:30 (p.m.) and that could be a potential overlap that could cause a lot of unnecessary congestion at this location. So, we recommended moving that start time back and I believe the Charter School has agreed to a fifteen (15) minute push -back which — school would start at 8:15 (a.m.) and dismiss at 3:15 (p.m.). I believe by doing that, they really avoid a lot of the potential conflicts that we'd be looking at, at these intersections. The second issue is onsite and that's the car line queuing operation. In our analysis, we counted a maximum, I'll call it the static queue, that's the maximum number of vehicles anytime that were in line, was 130. It varied from day -to -day and they changed operation a little bit while they were starting up, but 130 was the maximum. Now this is going to be a slightly larger school and there is some variation depending on how they operate that car line, so we recommended planning for onsite a queue of 150 to 160 vehicles; and they have re- submitted a plan showing a queue of 164 vehicles. We've reviewed that; I think it's good, what they demonstrate is they have the capacity to show that onsite. Through Final Engineering, I think that can be refined. They have room onsite to handle that number of vehicles." Mr. Alan C. Sheppard, Jr., Attorney, Greenberg Taurig, LLP, 450 South Orange Avenue, Suite 650, Orlando, Florida: addressed the City Commission on behalf of the Applicant, Choices In Learning Charter School, and reviewed the proposed Development Agreement. Discussion. Mr. Matt Breen, President, Breen Construction Services, 205 West State Road 434, Suite D, Winter Springs, Florida: reviewed a document entitled "Choices In Learning ". Mr. Bill McDermott, Director, Seminole County, Economic Development Department, 1055 AAA Drive, Suite 145, Heathrow, Florida: commented on the importance of excellent schools in Seminole County. Further comments. Commissioner McGinnis mentioned she would support this project and that she would like a tour. Discussion. With further comments, Mr. Fields noted, "We received the updated study today. We do want to review that the responses we received indicate we agree with the approaches that would be taken, and we just need to check the data to follow -up that it will indeed support what's indicated in the comment responses. One other thing related to that, we'd recommend that if you take action on a Developer's Agreement that we memorialize the change in start and dismissal times to a fifteen (15) minute push back." With further comments, Manager Smith stated, "I would recommend that you do Approve the Development Agreement subject to the following: subject to a payment in lieu of taxes of five thousand dollars ($5,000.00) with — a CPI (Consumer Price Index) type escalator consistent with what the Seminole County Property Appraiser's Office would place on other properties that they value. Secondly, the joint utilization of the facilities locked in, in this Agenda Item being the Summer Camp, the Central Winds Highland Games, the 4 of July, the onsite Easements, and the start and dismissal times that Brian (Fields) articulated earlier; so the Development Agreement in your package, subject to those four (4) items." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — SEPTEMBER 13, 2010 PAGE 9 OF 26 Commissioner Gary Bonner said to Manager Smith, "What I heard the Applicant say is that there is flexibility embodied in the Development Agreement, that if we discover additional needs for modification to the Development Agreement, that may arise from Final Engineering for example, that there is a latitude to still hammer those things out, as need be. Is that your understanding ?" Manager Smith responded, "It is." Mayor Bush then said to Mr. Sheppard, "Is that your understanding ?" Mr. Sheppard remarked, "Yes in fact, I will just read to you here, Section 3.0., the very last sentence says, the `School and the City agree that the Conceptual Development Plan is intended to be conceptual in nature and subject to reasonable adjustments at the final site plan and final engineering phase'." - Mayor Bush commented to Mr. Sheppard, "So, you said the same thing Kevin (Smith) did." Mr. Sheppard responded by saying, "Right." Next, Commissioner Joanne M. Krebs asked, "Is the Applicant agreeable to the escalator that our City Manager mentioned ?" Mr. George McKenzie, 1229 Roxboro Road, Longwood, Florida: stated, "There would have to be a Board Meeting and the Board Members would have to Vote on that. Yes." "I WOULD LIKE TO MOVE THAT WE PROCEED WITH ACCEPTING ITEM `600' - SUBJECT TO THOSE FOUR (4) ITEMS THAT THE MANAGER REFERENCED FOR MODIFICATION AND THE AMENDMENT TO THE DEVELOPER'S AGREEMENT." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. COMMISSIONER McGINNIS ASKED, "DOES THAT INCLUDE BRIAN'S (FIELDS) REQUESTS ?" COMMISSIONER BONNER STATED, "YES, THAT WAS ONE OF THE FOUR (4), WAS MY UNDERSTANDING." ATTORNEY GARGANESE ADDED, "JUST CLARIFICATION THAT YOU ARE AUTHORIZING THE MANAGER AND I TO FINALIZE THE TEXT IN THE DEVELOPMENT AGREEMENT AND AUTHORIZE THE MAYOR TO EXECUTE." COMMISSIONER BONNER SAID, "THAT IS CORRECT, APPROVAL OF ITEM `600' SUBJECT TO YOU AND THE MANAGER MODIFYING THE DEVELOPER'S AGREEMENT TO INCLUDE THE FOUR (4) ITEMS THAT THE MANAGER BROUGHT FORWARD." VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Tape 2 /Side A Mayor Bush called a Recess at 6:42 p.m. The Meeting was called back to Order at 6:45 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 10 OF 26 ❖ ❖ AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS "303" WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. .;..;. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 303. Office Of The Mayor Presentation Of A Proclamation to Ms. Ethel Bonura In Honor Of Her Valued Service To The City Of Winter Springs As A School Crossing Guard For More Than 25 Years. Mayor Bush presented a Proclamation in honor of Ms. Ethel Bonura for her appreciated service to the City of Winter Springs as a School Crossing Guard. 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. Brief discussion. INFORMATIONAL 101. City Consultant — Land Design Innovations, Inc. REQUEST: Presenting The Summary Report For Economic Development Activities From July 19, 2010 Through August 13, 2010. The Information In This Agenda Item Will Be Verbally Presented Under Item 301 At The September 13, 2010 Commission Meeting. 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. RECOMMENDATIONS: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 11 OF 26 INFORMATIONAL 102. Police Department REQUEST: Wishes To Advise The City Commission Of A Comparison Of Crime Statistics For 2005 — 2009. This Agenda Item Will Be Followed By A Presentation Under Awards And Presentations Agenda 302. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The Commission Regular Agenda Placed On The City Web Site And Provided At The Citizen Advisory Committee. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. No discussion. INFORMATIONAL 103. Office Of The City Clerk REQUEST: Wishes To Inform The City Commission Of The Candidates That Have Qualified For The November 2, 2010 City Of Winter Springs General Municipal Election. FISCAL IMPACT: There Is No Fiscal Impact To Be Considered With The Approval Of This Agenda Item. COMMUNICATION EFFORTS: The Final Qualifying Results Noted In This Agenda Item Have Been Sent To The Seminole County Supervisor Of Elections, The Secretary Of State For The State Of Florida, And Candidates. Additionally, This Agenda Item Has Been Distributed To The Mayor And City Commission; City Manager; City Attorney; Department Directors; 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 City Commission Is Requested To Accept The Information In This Agenda Item As Presented. There was no discussion on this Agenda Item. "MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 12 OF 26 CONSENT AGENDA CONSENT 200. Not Used. CONSENT 201. Office Of The City Attorney REQUEST: Presents Resolution 2010 -44 To The City Commission, Modifying The General Sign Performance Standards For The Electric Message Board Feature Of The Existing Permanent Monument Sign Located At The Entrance Of City Hall On State Road 434. FISCAL IMPACT: None. COMMUNICATION EFFORTS: RECOMMENDATION: The City Attorney Recommends That The City Commission Consider Approval Of Resolution 2010 -44 Modifying The General Sign Performance Standards For The Electric Message Board Feature Of The Existing Permanent Monument Sign Located At The Entrance Of City Hall On State Road 434. No discussion. CONSENT 202. Office Of The City Attorney REQUEST: Requests That The City Commission Consider Adopting Resolution 2010 -47 Opposing The Hometown Democracy Amendment 4. FISCAL IMPACT: None. No Public Funds Will Be Expended To Disseminate The Resolution. Any Person Requesting A Copy Of The Resolution Will Be Required To Reimburse The City For Copying Charges. COMMUNICATION EFFORTS: None, Other Than The Resolution Was Placed On The City Commission Agenda In The Normal Course Of City Commission Business. Upon Adoption, The Resolution Will Be Recorded In The Official Records Of The City In The Same Manner As Any Other Resolution Adopted By The City Commission. RECOMMENDATIONS: This Is A Policy Matter For The City Commission. The City Attorney Recommends The City Commission Consider Adopting The Attached Resolution. Further, If Adopted By The Commission, The City Attorney Recommends, In Accordance With Section 5 Of The Resolution, That The City Not Expend Any Public Funds To Disseminate The Resolution In Any Communication Media In Order To Be Compliant With Section 106.113, Florida Statutes. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 13 OF 26 CONSENT 203. Office Of The City Attorney And Office Of The City Manager REQUEST: Presents To The City Commission For Consideration And Approval The Text To Be Published In The 2010 Referendum Ballot Mailer. FISCAL IMPACT: The Cost Of Publishing The Mailer And Mailing The Mailer To The Voters Of Winter Springs Is Estimated To Be Approximately $7,000.00. COMMUNICATION EFFORTS: The Mailer Will Be Mailed To Winter Springs Residents, Posted At City Hall, Posted On The City's Website, And Made Available To Voters Of Winter Springs At Various Assemblies. RECOMMENDATIONS: The City Attorney And City Manager Recommend That The City Commission Consider Approving The Mailer For Publication This Agenda Item was not discussed. CONSENT 204. Parks And Recreation Department REQUEST: Requesting That The City Commission Consider The Request From Compassionate Friends To Place 2 Additional Memorial Benches In The Children's Memorial Area In The Wooded Passive Area Of The Central Winds Park. FISCAL IMPACT: -0- COMMUNICATION EFFORTS: Copies And /Or Access To This Agenda Item Have Been Provided To The Mayor And City Commission, City Attorney, Department Directors; Placed In Press Packets; Placed In Press Packets; Placed In The Lobby Binder; Is Available On The City's Website, Laserfiche, And The City's Server; And Through All Other Actions Completed Via The City Clerk's Posting Procedure. Compassionate Friends Will Communicate With Parks And Recreation Staff Regarding Location And Installation. RECOMMENDATION: Parks And Recreation Recommends That The City Commission Consider This Request From Compassionate Friends To Place 2 Additional Memorial Benches In The Children's Memorial Area In The Wooded Passive Area Of Central Winds Park And Take Any Action They Deem Appropriate. Deputy Mayor Rick Brown said to Manager Smith, "I don't know that you can have a Consent Item that asks for direction. What would you like us to do with this ?" Manager Smith suggested, "I would ask that the City Commission Approve the receipt of the donation of two (2) additional benches from the good folks at Compassionate Friends — similar to the approach we took with the benches from the THOA (Tuscawilla Homeowner's Association) — that would be our recommendation." CONSENT 205. Parks And Recreation Department REQUEST: Requests The City Commission To Authorize The Mayor To Execute The Sixth Addendum To The MV Transportation Agreement For Senior Center Transportation For One (1) Year. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 14 OF 26 FISCAL IMPACT: Budgeted In 10 /11 [2010/2011], Account 7250 - 53186, $25,000.00. Staff Is Researching Grants To Reduce Fiscal Impact. COMMUNICATION EFFORTS: Copies And /Or Access To This Agenda Item Have Been Provided To The Mayor And City Commission, City Attorney, Department Director; Placed In Press Packets; Placed In The Lobby Binder; Is Available On Laserfiche, And The City Website. Parks And Recreation Staff Has Informed Winter Springs Seniors Regarding Schedule & Activities. RECOMMENDATIONS: The Parks And Recreation Department Recommends Approval Of The Transportation Disadvantaged Services Agreement Sixth Addendum For Senior Center Transportation. No discussion. CONSENT 206. Information Services Department REQUEST: Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. FISCAL IMPACT: There Is No Cost To Dispose Of These Surplus Assets. The City Receives Revenue Generated From Items Sold At Auction. COMMUNICATION EFFORTS: A Copy Of The List Of Items To Be Disposed Of Has Been Posted On The City's Website Under Public Notices. Additionally, The Contact Information For The Vendor Conducting The Auction Has Also Been Provided On The Website. RECOMMENDATION: It Is Requested That The City Commission Approve The Disposition Of The Attached List Of Surplus Assets. There was no discussion on this Agenda Item. CONSENT 207. Utility/Public Works Department REQUEST: Requests That The City Commission Approve Resolution Number 2010 -49 Recognizing The Retirement Of Public Works Department Employee Alan Hill. FISCAL IMPACT: There Is No Fiscal Impact If Resolution Number 2010 -49 Is Approved. COMMUNICATION EFFORTS: Copies Or Access To This Agenda Item And Resolution Have Been Provided 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: It Is Recommended That The City Commission Approve Resolution Number 2010 -49 In Honor Of Public Works Department Employee Alan Hill. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 15 OF 26 CONSENT 208. Utility/Public Works Department REQUEST: Requesting The City Commission Authorize Executing An Agreement With Ashbritt Environmental For Storm Debris Removal By Piggybacking Off Their Current Contract With Orange County. FISCAL IMPACT: No Funding Is Required At This Time. The Contract Value Is Limited To $500,000.00 Unless Approved By The City. Depending Of The Scope Of A Storm Event Requiring These Services, The Funding Source Will Likely Be The Storm Reserve Fund. COMMUNICATION EFFORTS: The Debris Removal Contract Is Reviewed Annually With The Parties Involved As Part Of Our Hurricane Preparedness Meetings. RECOMMENDATION: It Is Recommended That Authorization Be Given For City Manager And City Attorney To Prepare And Execute Any And All Documents Necessary To Contract With Ashbritt Environmental For Storm Debris Removal Services By Piggybacking Off Orange County # Y10 -113C. No discussion. CONSENT 209. Information Services Department REQUEST: Requests Commission Approve Renewal And Payment Of The MUNIS Annual Maintenance And Support Agreement In The Amount Of $59,055.75 And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. FISCAL IMPACT: $59,055.75. This Item Is Budgeted In Information Services Department 1340. COMMUNICATION EFFORTS: No Extra Communication Efforts Are Necessary At This Time. RECOMMENDATION: Information Services Requests Commission Approve Renewal And Payment Of The MUNIS Annual Maintenance And Support Agreement In The Amount Of $59,055.75 And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. There was no discussion on this Agenda Item. CONSENT 210. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The August 10, 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 16 OF 26 RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The August 10, 2010 City Commission Workshop Minutes. This Agenda Item was not discussed. CONSENT 211. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The August 16, 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 August 16, 2010 City Commission Workshop Minutes. No discussion. CONSENT 212. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The August 23, 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. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The August 23, 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 BY COMMISSIONER McGINNIS. DISCUSSION. CITY CLERK ANDREA LORENZO LUACES ASKED, "THE MOTION TO APPROVE, INCLUDES THE COMMENTS FROM THE MANAGER ?" DEPUTY MAYOR BROWN NOTED, "IT INCLUDES THE REVISION TO THE RECOMMENDATION." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 17 OF 26 VOTE: COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. ❖ ❖ AGENDA NOTE: THE FOLLOWING (REMAINING) AWARDS AND PRESENTATIONS WERE DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. • ❖ AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 301. Land Design Innovations, Inc. — City Consultant Presentation From Land Design Innovations, Inc. Updating The City Commission On Economic Development Efforts. (Follow Up Presentation From Informational Agenda Item "101 ".) Ms. Tracy Crowe, AICP, Senior Planner, Land Design Innovations, Inc., 1770 Fennel Street, Suite 200, Maitland, Florida: addressed the City Commission on the SEMATECH project. With further comments on SEMATECH, Ms. Crowe stated, "I know we drafted a template letter to provide to all of you. If you have any citizens that want to write letters of recommendation for the project, or encouragement that they would like to have the project here in Winter Springs so there is a template out there." Mayor Bush mentioned, "The University does not want any letters yet." Mayor Bush then suggested to Ms. Crowe, "You might want to check with Dr. Holsenbeck." Ms. Crowe stated, "Absolutely." AWARDS AND PRESENTATIONS 302. Police Department Requesting The Mayor And City Commission Receive A Presentation From The Police Department On A Comparison Of Crime Statistics For 2005 — 2009. (Follow Up Presentation From Informational Agenda Item "102 ") Chief of Police Kevin Brunelle spoke to City Commission on- Uniform Crime Reporting. Discussion. Commissioner McGinnis asked if he received statistics on child sex abuse. Chief Brunelle stated, "I can get them for you." Commissioner McGinnis added, "Once a year, I use to get them and report them, and that might be good to include that in part of your reporting annually." Chief Brunelle noted he will be sending out an Annual Report shortly, and added, "I would be happy to add that information." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 18 OF 26 Commissioner Bonner spoke on the "Citizens on Patrol" program and asked if related "Citizens on Patrol's" calls to service could be added to future Reports. Chief Brunelle explained, "You will see it for the first time next month, in the Monthly Report." Manager Smith remarked, "Just to publically acknowledge and commend the Chief and the men and women from the Winter Springs Police Department - when you look at the statistics that the Chief put up over the six (6) month period for 2010 comparable to 2009 and actually a nine (9) month period now — the eight percent (8 %) reduction in crime to accomplish that — during normal times is tremendous, but in my opinion to do so in a tight budget and a tough economy is extraordinary, so my kudos." AWARDS AND PRESENTATIONS 304. Office Of The Mayor And City Commission Presentation Of Resolution Number 2010 -49 Recognizing Alan Hill For His 15 Years Of As An Employee Of The City Of Winter Springs And Expressing Our Appreciation On Behalf Of The Citizens Of The City Of Winter Springs. Mayor Bush presented Resolution 2010 -49 to Mr. Alan Hill in honor of his dedicated service to the City as he retires. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese commented on the recently Elected Officials and explained, "As a Commissioner -Elect and Mayor - Elect, we have two (2) of them that are going to be joining the City Commission after the Election, they are subject to the Sunshine Law as if they were a Member of the City Commission already." Furthermore, Attorney Garganese added, "There is one minor exception, there are two (2) of you that will not be on the Commission when they begin their terms so discussions between Commissioner McGinnis and Mayor Bush and the two (2) - Commissioner -Elect and Mayor -Elect is permissible, but the rest of you have to be governed by the Sunshine Law with respect to those two (2) folks." REPORTS 401. Office Of The City Manager — Kevin L. Smith No Report. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC City Clerk Andrea Lorenzo - Luaces commented on the scheduled League of Women Voter's Winter Springs Candidate Night and asked, "Would you like me to have that cancelled ?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — SEPTEMBER 13, 2010 PAGE 19 OF 26 Commissioner McGinnis and Commissioner Krebs stated, "Cancel it." No objections were voiced. REPORTS 403. Office Of Commissioner Seat Four— The Honorable Sally McGinnis Commissioner McGinnis asked if we "Could have a Consensus to have the City Manager contact the owner of the Golf Course and take those front walls down on the boulevard that says `Winter Springs Golf Course'. They look terrible and it is not a Winter Springs facility - and I also would like to see the whole clubhouse knocked down. The roof is falling in, it is full of mold, and it is a hazard." Discussion followed on whether this was a public safety issue. Chief Brunelle noted, "We'll keep a regular eye on it. If it becomes a health safety issue, we'll certainly address it." Attorney Garganese remarked about the "Discontinued sign issue — when the Commission Amended the Code, the new Sign Code expressly addresses discontinued signs and if property has been vacant and unoccupied for a period of ninety (90) days or more and any sign face which advertises service no longer conducted or a product no longer sold upon the premises where the sign is located, is prohibited under the Sign Code." Tape 2 /Side B Attorney Garganese added that there is "The International Property Maintenance Code provisions and other provisions in the City Code that the Building Official and Code Enforcement can look at to address any deterioration of the building that may present a property maintenance issue." Mayor Bush asked the City Commission, "Everybody is in agreement with Commissioner McGinnis' recommendation ?" Commissioner Krebs and Deputy Mayor Brown stated, "Yes." No objections were noted. REPORTS 404. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs asked Attorney Garganese when the new Elected Officials would take Office if the Charter Amendments pass in early November. Attorney Garganese responded by saying, "I will have a final answer before the Election." Next, Commissioner Krebs mentioned she had been contacted by representatives with Sonesta Pointe regarding aesthetics. Other Commissioners noted they had been contacted also. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 20 OF 26 REPORTS 405. Office Of The Mayor — The Honorable John F. Bush Mayor Bush offered his Congratulations to Deputy Mayor Brown who was Elected as Boys Town's Chair. Secondly, Mayor Bush mentioned that Seminole County said they were planning to give Envision Seminole one hundred thousand dollars ($100,000.00) for an Economic Study. Mayor Bush added, "We contribute to the Envision Board — each of our cities, and we weren't notified of it." Mayor Bush then noted that he would attend a Seminole County Board of County Commissioners meeting - to share with them his displeasure. Commissioner Krebs noted, "We support you on that." Thirdly, Mayor Bush commented on some Incubator meetings he had recently attended and suggested others meet with the companies also. REPORTS 406. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Hovey commented on the turn lane near Papa Tony's. Next, Commissioner Hovey noted she had attended last week's Citizen's Advisory Committee (CAC) Meeting and mentioned a new program called, "Operation Medicine Cabinet." Discussion followed with Chief Brunelle who spoke on the merits of this new program and explained that unused medicines can be dropped off in a new drop box at the Police Department and added, "If you can't come to the PD (Police Department), we'll come and get it." Deputy Mayor Brown said to Chief Brunelle, "Are you going to notify all of the Pharmacy's in the City ?" Chief Brunelle then explained what he will be doing to get the word out. Further comments. Lastly, Commissioner Hovey mentioned that she had attended a TABOR (Taxpayer Bill of Rights) meeting. Further comments. REPORTS 407. Office Of Commissioner Seat Two/Deputy Mayor — The Honorable Rick Brown Deputy Mayor Brown asked about the status of the Ladybird Academy and inquired about a lawsuit by Ladybird Academy against Ladybird, Inc., and also asked if the lawsuit would affect us? Mr. Stevenson said, "I don't know at this point but I will certainly check on it tomorrow." REPORTS 408. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Bonner mentioned he had attended the last Town Parke Apartments meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 21 OF 26 Secondly, Commissioner Bonner commented on homelessness in Seminole County and invited his peers on the dais to attend a "Pathways to Home" event on September 25, 2010 to help with homelessness. Next, Commissioner Bonner recognized the newly Elected Officials for Winter Springs. Continuing, Commissioner Bonner also noted that he wanted, "To recognize the many years of Service of Commissioner McGinnis — thank you very, very much for your eight (8) years of service to our community; and for the extraordinary service record of outgoing Mayor John Bush — so, thank you very much for your service to our community." ❖ ❖ AGENDA NOTE: THE FOLLOWING SUPPLEMENTARY REPORTS WERE DISCUSSED NEXT, IN ADDITION TO WHAT WAS NOTED ON PAGES 19 -20 OF THESE MINUTES. 4•4* REPORTS REPORTS 404. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs suggested that the City Commission and the City Manager might be interested in possibly serving on one of the Florida League of Cities' Policy Committees and added, "Please get involved." REPORTS 405. Office Of The Mayor — The Honorable John F. Bush Mayor Bush commented on a recent Atlantic Housing Partners, LLLP meeting and suggested Atlantic Housing Partners, LLLP could possibly pay overtime costs for Staff to assist with any PowerPoint presentations. ❖ ❖ AGENDA NOTE: ADDITIONAL PUBLIC INPUT WAS HEARD NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. 4•4* PUBLIC INPUT Ms. Chris Blackwell, 711 Sybilwood Circle, Winter Springs, Florida :: recognized Mr. Stevenson and Mr. Steve Richart, (Urban Beautification Services Division, Community Development Department), "For their kindness and professionalism; they were wonderful to work with; quite helpful and I am very grateful." Ms. Blackwell added, "I also want to thank (Commissioner) Jean Hovey for her insight, wisdom, and integrity. It's always a pleasure." Continuing, Ms. Blackwell addressed the City Commission on behalf of herself and the Indian Trails Middle School PTSA on the Indian Trails Middle School new electronic sign and asked why the City wanted to have messages run on their sign. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 22 OF 26 PUBLIC HEARINGS AGENDA - PART II PUBLIC HEARINGS 502. Office Of The City Attorney REQUEST: Requests That The City Commission Approve On Second Reading Of Ordinance Number 2010 -21, Which Revises The Administrative Procedural Portions Of The City Code To Expressly Require And Authorize The Planning And Zoning Board To Review And Make Advisory Recommendations On Development Applications In The Town Center FISCAL IMPACT: No Funding Requirements Are Tied To The Approval Of This Agenda Item. However, If This Ordinance Is Approved, The Planning And Zoning Board May Need To Conduct Additional Meetings In The Future To Handle Town Center Development And Special Exception Applications. COMMUNICATION EFFORTS: The Ordinance Was Advertised For Public Hearing Before The Planning And Zoning Board As Well As Before The First And Second Readings Before The City Commission. The Advertisements Were Published In A Newspaper, Posted On The City's Web Site And Bulletin Boards. RECOMMENDATION: The City Attorney Requests That The City Commission Approve On Second Reading Of Ordinance Number 2010 -21. 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. "I WOULD LIKE TO MAKE A MOTION TO APPROVE ON SECOND READING" (ORDINANCE 2010 -21). MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER McGINNIS. 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 - SEPTEMBER 13, 2010 PAGE 23 OF 26 REGULAR AGENDA REGULAR 601. Office Of The City Attorney REQUEST: Pursuant To City Commission Directive, The City Attorney Has Prepared An Interlocal Agreement Between The City And The Seminole County School Board, Authorizing An Electronic Message Board Feature To Be Incorporated Into, Or To Replace, The Existing Permanent Sign Located At The Entrance Of The Indian Trails Middle School And Establishing A Related Use And Performance Standard Policy. FISCAL IMPACT: None. COMMUNICATION EFFORTS: RECOMMENDATION: The City Attorney Recommends That The City Commission Consider Approval Of The Interlocal Agreement Between The City And The Seminole County School Board, Authorizing An Electronic Message Board Feature To Be Incorporated Into, Or To Replace, The Existing Permanent Sign Located At The Entrance Of The Indian Trails Middle School And Establishing A Related Use And Performance Standard Policy. Attorney Garganese pointed out, "On page 2 of the Agreement, the 3` recital, it states that the sign will be `without contribution from any public or private entity' — the language `without contribution from any public or private entity' should be stricken from the Agreement." "MOTION TO APPROVE ". MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. REGULAR 602. Office Of The City Attorney And City Staff REQUEST: Requests That The City Commission Consider Approval Of Resolution No. (Number) 2010- 43, Authorizing The City To Solicit Sponsorship Funds To Help Off -Set The Costs Of The City's Existing Light Post Banner Program And Establishing An Administrative Policy For Incidental Sponsorship Acknowledgments On Light Post Banners. FISCAL IMPACT: The Precise Fiscal Impact Is Yet To Be Determined. It Is Intended That The City Will Receive Increased Revenues To Help Offset The Cost Of Operating And Maintaining The City's Light Post Banner Program Established By Resolution 2009 -29. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 24 OF 26 COMMUNICATION EFFORTS: RECOMMENDATIONS: The City Attorney And City Staff Recommends That The City Commission Approve Resolution 2010 -43, Establishing An Administrative Sponsorship Policy For The Light Post Banner Program. "MOTION TO APPROVE ". MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 603. Office Of The City Manager And Office Of The City Clerk REQUEST: Request That The City Commission Make Appointments To The City's New "Bicycle And Pedestrian Advisory Committee ", Which Was Approved At The August 23, 2010 Regular City Commission Meeting With The Ratification Of Ordinance 2010 -06. FISCAL IMPACT: There Is No Specific Fiscal Impact To These Appointments. However, Once The "Bicycler And Pedestrian Advisory Committee" Begins Meeting, Office Of The City Clerk's Staff Will Be Providing Administrative Assistance To The "Bicycle And Pedestrian Advisory Committee ". Such Costs Are Estimated To Be Approximately $3,076.00 Per Year; And Have Been Budgeted For Fiscal Year 2010 -2011; With Funds Coming From Office Of The City Clerk Overtime Salaries (Line Code 1210- 51214). Community Development Department Liaison Staff Costs Have Been Absorbed Otherwise. COMMUNICATION EFFORTS: This Agenda Item Has Been Distributed To The Mayor And City Commission; City Manager; City Attorney; Department Directors; 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 City Commission Is Requested To Ratify Appointment(s) To The "Bicycle And Pedestrian Advisory Committee ". "LARRY HARTMAN" NOMINATED TO SERVE ON THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE. MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 25 OF 26 "GEORGE COLOMBO" NOMINATED TO SERVE ON THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. "GARY BROOK" NOMINATED TO SERVE ON THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE. MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AVE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. "WILLIAM CARPENTER" NOMINATED TO SERVE ON THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE. MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR 604. Office Of The City Manager And Office Of The City Clerk REQUEST: Request That The City Commission Make Appointments To The City's New "Parks And Recreation Advisory Committee ", Which Was Approved At The August 23, 2010 Regular City Commission Meeting With The Ratification Of Ordinance 2010 -07. FISCAL IMPACT: There Is No Specific Fiscal Impact To These Appointments. However, Once The "Parks And Recreation Advisory Committee" Begins Meeting, Office Of The City Clerk's Staff Will Be Providing Administrative Assistance To The "Parks And Recreation Advisory Committee ". Such Costs Are Estimated To Be Approximately $3,076.00 Per Year; And Have Been Budgeted For Fiscal Year 2010 -2011; With Funds Coming From Office Of The City Clerk Overtime Salaries (Line Code 1210- 51214). Parks And Recreation Department Liaison Staff Costs Have Been Absorbed Otherwise. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — SEPTEMBER 13, 2010 PAGE 26 OF 26 COMMUNICATION EFFORTS: This Agenda Item Has Been Distributed To The Mayor And City Commission; City Manager; City Attorney; Department Directors; 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 City Commission Is Requested To Ratify Appointment(s) To The "Parks And Recreation Advisory Committee ". "ART GALLO" NOMINATED TO SERVE ON THE PARKS AND RECREATION ADVISORY COMMITTEE. MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYORBROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. "ARNIE NUSSBAUM" NOMINATED TO SERVE ON THE PARKS AND RECREATION ADVISORY COMMITTEE. MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:06 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. CITY OF WINTER SPRINGS FLORIDA ENTE S U !n • Inc • 1959 .� 0 R`C* CITY COMMISSION MINUTES REGULAR MEETING MONDAY, SEPTEMBER 13, 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 - SEPTEMBER 13, 2010 PAGE 2 OF 26 CALL TO ORDER The Regular Meeting of Monday, September 13, 2010 of the City Commission was called to Order by Mayor John F. Bush at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Rick Brown, present Commissioner Jean Hovey, present Commissioner Gary Bonner, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. Mayor Bush commented that he would like to have Awards And Presentations "300" heard right after the first two (2) Public Hearings, then hold Public Input for Regular Agenda Item "600 ", followed by Regular Agenda Item "600 ". No objections were noted. PUBLIC HEARINGS AGENDA - PART I PUBLIC HEARINGS 500. Office Of The City Manager REQUEST: Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution No. (Number) 2010 -45, Which Establishes The Tentative Operating Millage -Rate For Fiscal Year 2010 -2011 For The City Of Winter Springs At 2.4714 Mills Which Is 6.40% Less Than The Rolled - Back Rate Of 2.6404 Mills And The Tentative Voted Debt Service Millage Rate For Fiscal Year 2010 -2011 For The City Of Winter Springs At 0.1100 Mills. FISCAL IMPACT: The Decision To Levy An Operating Millage Rate Of 2.4714 Mills As Opposed To The Rolled -Back Rate Of 2.6404 Mills Results In Reduced Ad Valorem General Fund Revenues Of Approximately $288,000.00. The Decision To Maintain The Voted Debt Service Millage Rate At 0.1100 Mills Required A Subsidy From The General Fund To The Central Winds Debt Service Fund In The Amount Of $44,000.00. COMMUNICATION EFFORTS: Upon Approval And Adoption Of Resolution No. 2010 -45, The Appropriate Advertising Will Run In The Orlando Sentinel On September 23, 2010- Which Will Reflect The Tentative Millage Rates For Fiscal Year 2010 -2011 And Announce The Final Public Hearing On September 27, 2010 At 5:15 P.M. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 13, 2010 PAGE 3 OF 26 RECOMMENDATION: • Recommend That The Commission Adopt Resolution No. 2010 -45 Establishing The Tentative Operating Millage Rate At 2.4714 Mills And Tentative Voted Debt Service Millage Rate At 0.1100 Mills For Fiscal Year 2010 -2011. • Recommend That The Commission Adopt Resolution No. 2010 -45 Authorizing The City To Advertise The City's Intent To Hold Public Hearings To Adopt Final Millage Rates And Final Budget In A Newspaper Of General Circulation In Compliance With Florida Statute 200.065. 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. "I MAKE A MOTION FOR APPROVAL" (RESOLUTION 2010 -45). MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. ATTORNEY GARGANESE STATED, "THE PROPOSED RESOLUTION 2010 -45 PROPOSES TO ADOPT A MILLAGE RATE OF 2.4714 MILLS AND A TENTATIVE VOTED DEBT SERVICE MILLAGE RATE OF .1100 MILLS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30 2011. THE TENTATIVE OPERATING MILLAGE RATE OF 2.4714 MILLS IS LESS THAN THE COMPUTED ROLLED -BACK RATE OF 2.6404 BY 6.40 PERCENT." VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office Of The City Manager REQUEST: Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution No. 2010 -46, Establishing The Tentative Budget For Fiscal Year 2010 -2011. FISCAL IMPACT: The Tentative City -Wide Budgets By Fund Type Currently Reflect The Following Appropriations To (From) Fund Balance: General Fund — ($538,698.00); Comprised Of $1,955.00 Of Positive Operating Coverage And ($540,653.00) In Capital/Non- Recurring Coverage Governmental Funds (Exclusive Of General Fund) — ($2,599,303.00) Enterprise Funds — ($1,026,463.00) COMMUNICATION EFFORTS: Upon Approval And Adoption Of Resolution No. 2010 -46, A Budget Summary Advertisement Will Be Placed In The Orlando Sentinel On September 23, 2010 Reflecting The Tentative Budget For Fiscal Year 2010 -2011. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 4 OF 26 RECOMMENDATION: • Recommend That The Commission Approve The Tentative Budget For Fiscal Year 2010 -2011 Or Amend It As It Deems Necessary. • Recommend That The Commission Adopt Resolution No. 2010 -46 Establishing The Tentative Budget For Fiscal Year 2010 -2011 As Approved By The Commission; And Authorizing The City To Advertise The City's Intent To Hold Public Hearings To Adopt Final Millage Rates And Final Budget And To Include A Budget Summary In A Newspaper Of General Circulation In Compliance With Florida Statute 200.065. City Manager Kevin L. Smith stated, "Just again for those in the audience that may not have heard this yet, just wanted to thank everyone on the team again for the ability to present a Budget for the second year in a row with no increase in the Millage Rate to our citizens." 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" (RESOLUTION 2010 -46). MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BOWER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. Mayor Bush said to the City Commission, "If you have no objection, I would like to go to item (Awards And Presentations) "300 ". Commissioner Sally McGinnis stated, "That is fine." No objections were noted. • • AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS "300" WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. • :• • :• AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of Commissioner Jean Hovey Requesting The City Commission Receive A Presentation From Dr. Bill Vogel, Superintendent of Seminole County Public Schools Related To The ' /2 Cent Sales Tax. Dr. Bill Vogel, Superintendent, Seminole County Public Schools, 400 East Lake Mary Boulevard, Sanford, Florida: addressed the City Commission and discussed a PowerPoint presentation. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 13, 2010 PAGE 5 OF 26 Discussion followed on Seminole County Public Schools, and a proposed 1/2 Cent Sales Tax. With further comments, Dr. Vogel noted, "More than seventeen million dollars ($17,000,000.00) of projects would go right into Winter Springs area schools right here. We have that list. Every school will know exactly where that money is going." Discussion. Commissioner Jean Hovey commented on roof leaks and suggested that the information provided be reviewed. Dr. Vogel mentioned to the City Commission, "Should Winter Springs enter into any consortium or any group to develop SeminoleWAY, the School Board is ready and willing to be a partner if there's an organization you form, or anything like that, we want to be there right with you." Discussion followed on Constitutional Amendments; the proposed new Charter School; and top ranked school systems in Florida. ❖ ❖ AGENDA NOTE: THE FOLLOWING PUBLIC INPUT WAS HEARD NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. •:••:. PUBLIC INPUT Ms. Barbara Croswell, 472 Tradition Lane, Winter Springs, Florida: commented on her concern with transportation issues and children who live less than two (2) miles from the proposed Choices In Learning Charter School. Ms. Diane Roman, 453 Cruz Bay Circe, Winter Springs, Florida: compared schools in Virginia to the Choices In Learning Charter School and noted her support of this proposed school. Ms. Diane Kessluk, 202 Holiday Lane, Winter Springs, Florida: commented in support of the proposed Choices In Learning Charter School and how her children have benefitted from this school. Mr. Boe Marshall, 1416 Madrid Way, Winter Springs, Florida: as a Volunteer Board Member, Mr. Marshall mentioned his support of the proposed Choices In Learning Charter School. Ms. Alison Pierce, 1127 Trotwood Boulevard, Winter Springs, Florida: commented in support of the proposed Choices In Learning Charter School and felt there were similarities between Private Schools and this school. Ms. Janet Kearney, 404 Dorchester Square, Lake Mary, Florida :: as the Principal of the Choices In Learning Charter School, Ms. Kearney spoke of the merits of this school and noted that their Charter had been renewed and extended for fifteen (15) years. Mr. George McKenzie, 1229 Roxboro Road, Longwood, Florida: as the Chairman of the Board of Directors for the Choices In Learning Charter School, Mr. McKenzie noted that they had qualified for a nine point five million ($9,500,000.00) low- interest school construction Bond which has to be closed on very soon. Mr. Matthew Williamson, 1585 Redwood Grove Terrace, Lake Mary, Florida: commented in support of the proposed Choices In Learning Charter School, noted the merits and high educational scores of this school, and mentioned that the parents care about this school. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 6 OF 26 Mr. Jerry Walker Mills, Sr., Architect, Burke Hogue Mills, Inc., 1130 Business Center Drive, Lake Mary, Florida: as the Architect for this proposed project, Mr. Mills commented on how architectural projects are important to the economy, related employment factors, the Bond deadline, and spoke of some of the aspects of this site for the proposed Choices In Learning Charter School. Ms. Kacie Melvin, 409 Sheoah Boulevard #31/ 216 Highlands Glen Circle, Winter Springs, Florida: as the Music Teacher for the Choices In Learning Charter School, Ms. Melvin spoke of the merits of this proposed school, and also the car line. Ms. Shirley Busch, 601 Casa Park Court K Winter Springs, Florida: noted she works in the Choices In Learning Charter School's business office and commented in support of this proposed project. Mr. Joshua Schiffermiller, 730 Galloway Drive, Winter Springs, Florida: spoke positively of the people affiliated with the Choices In Learning Charter School, and how this school solved his fear of public schools. Mayor Bush then mentioned names of individuals who had submitted Public Input forms: "(Ms.) Brandy Williams, 846 Dunbar Drive in Winter Springs, (Florida) is in favor; (Ms.) Tracey Dickerman, 704 Castlewood Drive, Winter Springs, (Florida) is in favor; (Ms.) Shanda Batchelor, 200 Torcaso Court in Winter Springs, (Florida) also in favor — I think these are all in favor by the way. (Mr.) T.J. Apple, 4945 Rock Rose Loop, in Sanford, (Florida); (Mr.) Todd and (Ms.) Lorrie Adams, 419 South Hawthorn Circle in Winter Springs, (Florida); (Mr.) Ronnie Hodges, 141 North Fairfax (Avenue), Winter Springs, (Florida) in favor; (Ms.) Traci Hodges, also 141 North Fairfax Avenue, (Winter Springs, Florida) is in favor; (Ms.) Theresa Martz , 223 Charles Street, Winter Springs, (Florida) is in favor; (Ms.) Donna Smoot, 210 West Panama Road, Winter Springs, (Florida) is in favor; (Ms.) Susan Phipps, 1510 Fox Glen Drive, in Winter Springs, (Florida); (Ms.) Ginger Schmaus, 510 Shane Circle, in Winter Springs, (Florida) also in favor; (Ms.) Julie Bowen, 103 Seville Chase (Drive), Winter Springs, (Florida); (Mr.) Scott Bowen, 103 Seville Chase (Drive), Winter Springs, (Florida); (Mr.) Keith Fields, 1522 Wescott Loop, in Winter Springs, (Florida), in favor." Continuing, Mayor Bush added, "(Ms.) Deana Jones, 502 Saddlewood Lane, in Winter Springs, (Florida) is in favor; (Ms.) Dena Adams, 102 Kristi Ann Court, in Winter Springs, (Florida) — (Ms.) Judith Sechrest - 304 Bridie Court, in Winter Springs, (Florida)." Mayor Bush then asked if Ms. Adams was in attendance. Furthermore, Mayor Bush noted the following names: "(Mr.) John Luddy, also 102 (Kristi Ann Court, Winter Springs, Florida), is John (Luddy) here? [No answer was heard.] (Ms.) Shannon Carter, 333 Lake Shepard Drive, in Apopka, (Florida); (Ms.) Margaret Wattam, 574 West Springtree Way, in Lake Mary, (Florida); (Ms.) Carol Foulker, 780 Orchid Avenue, in Casselberry, (Florida); (Ms.) Mist Yancey, 2820 Sun Lake Loop, in Lake Mary, (Florida); (Ms.) Michelle Bartley, 1260 Wellington Terrace, in Maitland, (Florida); (Ms.) Lisa Sumrall, 1463 Shadowmoss Circle, in Lake Mary, (Florida); (Ms.) Ami Haddad, 1939 Darlin Circle, in Orlando, (Florida); (Ms.) April Brownhoue; 118 Rockwood Way, in Sanford, (Florida); (Ms.) Ellen Humphrey, 5036 Tangerine Way, in Winter Park, (Florida); (Ms.) Jenifer Johnson, 329 Fairfield Drive, in Sanford, (Florida); (Ms.) Denni Breen, 1228 Roxboro Road, in Longwood, (Florida); (Ms.) Maria Perricone, 1057 Piedmont Oaks Court, in Apopka, (Florida); (Ms.) Joy Kinkopf, 2914 Gimli Lane, in Casselberry, (Florida); (Ms.) Christina Giddings, 117 Mayfield Drive, in Sanford, (Florida); (Ms.) Agatha Goodmen, 5169 Fillmore Place, in Sanford, (Florida); (Ms.) Pam Moreland, 1110 Lamar Avenue, in Altamonte Springs, (Florida); (Ms.) Margaret Wolfe, 153 Clyde (Avenue), in Longwood, (Florida); (Ms.) Kelly Longway, 2657 Reagan Trail, in Lake Mary, (Florida); (Ms.) Sarah Hampel, 1881 Carollee Lane - Winter Park, (Florida); (Ms.) Petra Strausser, 1207 Moses Creek Court, in Oviedo, (Florida); (Ms.) Ashley Buss, 216 Summerwood Trail, in Maitland, (Florida); (Ms.) Shawna Hobson, 104 Cedar Heights Court, in Sanford, (Florida); and (Mr.) David and (Ms.) Jamie Ellington, 426 Boxwood Circle, in Winter Springs, (Florida)." Mayor Bush closed this "Public Input" portion of the Agenda. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — SEPTEMBER 13, 2010 PAGE 7 OF 26 Tape 1 /Side B ❖ ❖ AGENDA NOTE: REGULAR AGENDA ITEM "600" WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. ❖ ❖ REGULAR AGENDA REGULAR 600. Community Development Department REQUEST: Requests The Commission Remove From The Table And Then Receive A Status Update For The Proposed Charter School In The Town Center And Provide Direction Regarding The Previously Tabled Development Agreement. FISCAL IMPACT: The Fiscal Impact Of The Proposed Charter School Is Discussed Above Under "Fiscal Analysis" And In Attachment B. COMMUNICATION EFFORTS: The Commission Agenda Has Been Posted On The Bulletin Board Outside City Hall, On The City's Electronic Sign; The Agenda Is Electronically Posted According To The City Clerk's Procedure. RECOMMENDATION: Staff Recommends That The City Commission Review The Enclosed Information And Provide Direction Regarding Any Issues To Be Addressed In The Developer's Agreement To Be Considered At A Future Special Or Regular City Commission Meeting. "MOTION TO REMOVE FROM THE TABLE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department introduced this Agenda Item and stated, "I need to clarify a couple of things relative to the Tax Income for this particular site. When we first came out, I think we had probably put an Agenda Item together that said there was Tax Revenue of around twenty thousand dollars ($20,000.00) on the vacant property. That in fact is correct; however what I had failed to do at that point in time was to state that only about five thousand (dollars) [$5,000.00] of that was City Tax Revenue. So, I wanted to clarify that." Further comments followed on Tax Revenues. Mr. Brian Fields, P.E., City Engineer, Public Works Department spoke on the Traffic Analysis and explained, "Staff also observed the car line operation at the existing Charter School on three (3) days and we also observed Winter Springs High School dismissal, just to see how that operation works." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 8 OF 26 With further comments on traffic, Mr. Fields stated, "The sensible thing here would be to possibly delay the dismissal time for the Charter School. They currently dismiss at 3 o'clock (p.m.) which should be okay; however, some parents come and start getting in the car line as early as 2:30 (p.m.) and that could be a potential overlap that could cause a lot of unnecessary congestion at this location. So, we recommended moving that start time back and I believe the Charter School has agreed to a fifteen (15) minute push -back which — school would start at 8:15 (a.m.) and dismiss at 3:15 (p.m.). I believe by doing that, they really avoid a lot of the potential conflicts that we'd be looking at, at these intersections. The second issue is onsite and that's the car line queuing operation. In our analysis, we counted a maximum, I'll call it the static queue, that's the maximum number of vehicles anytime that were in line, was 130. It varied from day -to -day and they changed operation a little bit while they were starting up, but 130 was the maximum. Now this is going to be a slightly larger school and there is some variation depending on how they operate that car line, so we recommended planning for onsite a queue of 150 to 160 vehicles; and they have re- submitted a plan showing a queue of 164 vehicles. We've reviewed that; I think it's good, what they demonstrate is they have the capacity to show that onsite. Through Final Engineering, I think that can be refined. They have room onsite to handle that number of vehicles." Mr. Alan C. Sheppard, Jr., Attorney, Greenberg Taurig, LLP, 450 South Orange Avenue, Suite 650, Orlando, Florida.: addressed the City Commission on behalf of the Applicant, Choices In Learning Charter School, and reviewed the proposed Development Agreement. Discussion. Mr. Matt Breen, President, Breen Construction Services, 205 West State Road 434, Suite D, Winter Springs, Florida: reviewed a document entitled "Choices In Learning ". Mr. Bill McDermott, Director, Seminole County, Economic Development Department, 1055 AAA Drive, Suite 145, Heathrow, Florida: commented on the importance of excellent schools in Seminole County. Further comments. Commissioner McGinnis mentioned she would support this project and that she would like a tour. Discussion. With further comments, Mr. Fields noted, "We received the updated study today. We do want to review that the responses we received indicate we agree with the approaches that would be taken, and we just need to check the data to follow -up that it will indeed support what's indicated in the comment responses. One other thing related to that, we'd recommend that if you take action on a Developer's Agreement that we memorialize the change in start and dismissal times to a fifteen (15) minute push back." With further comments, Manager Smith stated, "I would recommend that you do Approve the Development Agreement subject to the following: subject to a payment in lieu of taxes of five thousand dollars ($5,000.00) with — a CPI (Consumer Price Index) type escalator consistent with what the Seminole County Property Appraiser's Office would place on other properties that they value. Secondly, the joint utilization of the facilities locked in, in this Agenda Item being the Summer Camp, the Central Winds Highland Games, the 4 of July, the onsite Easements, and the start and dismissal times that Brian (Fields) articulated earlier; so the Development Agreement in your package, subject to those four (4) items." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — SEPTEMBER 13, 2010 PAGE 9 OF 26 Commissioner Gary Bonner said to Manager Smith, "What I heard the Applicant say is that there is flexibility embodied in the Development Agreement, that if we discover additional needs for modification to the Development Agreement, that may arise from Final Engineering for example, that there is a latitude to still hammer those things out, as need be. Is that your understanding ?" Manager Smith responded, "It is." Mayor Bush then said to Mr. Sheppard, "Is that your understanding ?" Mr. Sheppard remarked, "Yes in fact, I will just read to you here, Section 3.0., the very last sentence says, the `School and the City agree that the Conceptual Development Plan is intended to be conceptual in nature and subject to reasonable adjustments at the final site plan and final engineering phase'." Mayor Bush commented to Mr. Sheppard, "So, you said the same thing Kevin (Smith) did." Mr. Sheppard responded by saying, "Right." Next, Commissioner Joanne M. Krebs asked, "Is the Applicant agreeable to the escalator that our City Manager mentioned ?" Mr. George McKenzie, 1229 Roxboro Road, Longwood, Florida: stated, "There would have to be a Board Meeting and the Board Members would have to Vote on that. Yes." "I WOULD LIKE TO MOVE THAT WE PROCEED WITH ACCEPTING ITEM `600' - SUBJECT TO THOSE FOUR (4) ITEMS THAT THE MANAGER REFERENCED FOR MODIFICATION AND THE AMENDMENT TO THE DEVELOPER'S AGREEMENT." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. COMMISSIONER McGINNIS ASKED, "DOES THAT INCLUDE BRIAN'S (FIELDS) REQUESTS ?" COMMISSIONER BONNER STATED, "YES, THAT WAS ONE OF THE FOUR (4), WAS MY UNDERSTANDING." ATTORNEY GARGANESE ADDED, "JUST CLARIFICATION THAT YOU ARE AUTHORIZING THE MANAGER AND I TO FINALIZE THE TEXT IN THE DEVELOPMENT AGREEMENT AND AUTHORIZE THE MAYOR TO EXECUTE." COMMISSIONER BONNER SAID, "THAT IS CORRECT, APPROVAL OF ITEM `600' SUBJECT TO YOU AND THE MANAGER MODIFYING THE DEVELOPER'S AGREEMENT TO INCLUDE THE FOUR (4) ITEMS THAT THE MANAGER BROUGHT FORWARD." VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Tape 2 /Side A Mayor Bush called a Recess at 6:42 p.m. The Meeting was called back to Order at 6:45 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 10 OF 26 ❖ ❖ AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS_ "303" WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. .;..;. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 303. Office Of The Mayor Presentation Of A Proclamation to Ms. Ethel Bonura In Honor Of Her Valued Service To The City Of Winter Springs As A School Crossing Guard For More Than 25 Years. Mayor Bush presented a Proclamation in honor of Ms. Ethel Bonura for her appreciated service to the City of Winter Springs as a School Crossing Guard. 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. Brief discussion. INFORMATIONAL 101. City Consultant — Land Design Innovations, Inc. REQUEST: Presenting The Summary Report For Economic Development Activities From July 19, 2010 Through August 13, 2010. The Information In This Agenda Item Will Be Verbally Presented Under Item 301 At The September 13, 2010 Commission Meeting. 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. RECOMMENDATIONS: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 11 OF 26 INFORMATIONAL 102. Police Department REQUEST: Wishes To Advise The City Commission Of A Comparison Of Crime Statistics For 2005 — 2009. This Agenda Item Will Be Followed By A Presentation Under Awards And Presentations Agenda 302. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The Commission Regular Agenda Placed On The City Web Site And Provided At The Citizen Advisory Committee. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. No discussion. INFORMATIONAL 103. Office Of The City Clerk REQUEST: Wishes To Inform The City Commission Of The Candidates That Have Qualified For The November 2, 2010 City Of Winter Springs General Municipal Election. FISCAL IMPACT: There Is No Fiscal Impact To Be Considered With The Approval Of This Agenda Item. COMMUNICATION EFFORTS: The Final Qualifying Results Noted In This Agenda Item Have Been Sent To The Seminole County Supervisor Of Elections, The Secretary Of State For The State Of Florida, And Candidates. Additionally, This Agenda Item Has Been Distributed To The Mayor And City Commission; City Manager; City Attorney; Department Directors; 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 City Commission Is Requested To Accept The Information In This Agenda Item As Presented. There was no discussion on this Agenda Item. "MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 12 OF 26 CONSENT AGENDA CONSENT 200. Not Used. CONSENT 201. Office Of The City Attorney REQUEST: Presents Resolution 2010 -44 To The City Commission, Modifying The General Sign Performance Standards For The Electric Message Board Feature Of The Existing Permanent Monument Sign Located At The Entrance Of City Hall On State Road 434. FISCAL IMPACT: None. COMMUNICATION EFFORTS: RECOMMENDATION: The City Attorney Recommends That The City Commission Consider Approval Of Resolution 2010 -44 Modifying The General Sign Performance Standards For The Electric Message Board Feature Of The Existing Permanent Monument Sign Located At The Entrance Of City Hall On State Road 434. No discussion. CONSENT 202. Office Of The City Attorney REQUEST: Requests That The City Commission Consider Adopting Resolution 2010 -47 Opposing The Hometown Democracy Amendment 4. FISCAL IMPACT: None. No Public Funds Will Be Expended To Disseminate The Resolution. Any Person Requesting A Copy Of The Resolution Will Be Required To Reimburse The City For Copying Charges. COMMUNICATION EFFORTS: None, Other Than The Resolution Was Placed On The City Commission Agenda In The Normal Course Of City Commission Business. Upon Adoption, The Resolution Will Be Recorded In The Official Records Of The City In The Same Manner As Any Other Resolution Adopted By The City Commission. RECOMMENDATIONS: This Is A Policy Matter For The City Commission. The City Attorney Recommends The City Commission Consider Adopting The Attached Resolution. Further, If Adopted By The Commission, The City Attorney Recommends, In Accordance With Section 5 Of The Resolution, That The City Not Expend Any Public Funds To Disseminate The Resolution In Any Communication Media In Order To Be Compliant With Section 106.113, Florida Statutes. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 13, 2010 PAGE 13 OF 26 CONSENT 203. Office Of The City Attorney And Office Of The City Manager REQUEST: Presents To The City Commission For Consideration And Approval The Text To Be Published In The 2010 Referendum Ballot Mailer. FISCAL IMPACT: The Cost Of Publishing The Mailer And Mailing The Mailer To The Voters Of Winter Springs Is Estimated To Be Approximately $7,000.00. COMMUNICATION EFFORTS: The Mailer Will Be Mailed To Winter Springs Residents, Posted At City Hall, Posted On The City's Website, And Made Available To Voters Of Winter Springs At Various Assemblies. RECOMMENDATIONS: The City Attorney And City Manager Recommend That The City Commission Consider Approving The Mailer For Publication This Agenda Item was not discussed. CONSENT 204. Parks And Recreation Department REQUEST: Requesting That The City Commission Consider The Request From Compassionate Friends To Place 2 Additional Memorial Benches In The Children's Memorial Area In The Wooded Passive Area Of The Central Winds Park. FISCAL IMPACT: -0- COMMUNICATION EFFORTS: Copies And /Or Access To This Agenda Item Have Been Provided To The Mayor And City Commission, City Attorney, Department Directors; Placed In Press Packets; Placed In Press Packets; Placed In The Lobby Binder; Is Available On The City's Website, Laserfiche, And The City's Server; And Through All Other Actions Completed Via The City Clerk's Posting Procedure. Compassionate Friends Will Communicate With Parks And Recreation Staff Regarding Location And Installation. RECOMMENDATION: Parks And Recreation Recommends That The City Commission Consider This Request From Compassionate Friends To Place 2 Additional Memorial Benches In The Children's Memorial Area In The Wooded Passive Area Of Central Winds Park And Take Any Action They Deem Appropriate. Deputy Mayor Rick Brown said to Manager Smith, "I don't know that you can have a Consent Item that asks for direction. What would you like us to do with this ?" Manager Smith suggested, "I would ask that the City Commission Approve the receipt of the donation of two (2) additional benches from the good folks at Compassionate Friends — similar to the approach we took with the benches from the THOA (Tuscawilla Homeowner's Association) — that would be our recommendation." CONSENT 205. Parks And Recreation Department REQUEST: Requests The City Commission To Authorize The Mayor To Execute The Sixth Addendum To The MV Transportation Agreement For Senior Center Transportation For One (1) Year. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 14 OF 26 FISCAL IMPACT: Budgeted In 10 /11 [2010/2011], Account 7250 - 53186, $25,000.00. Staff Is Researching Grants To Reduce Fiscal Impact. COMMUNICATION EFFORTS: Copies And /Or Access To This Agenda Item Have Been Provided To The Mayor And City Commission, City Attorney, Department Director; Placed In Press Packets; Placed In The Lobby Binder; Is Available On Laserfiche, And The City Website. Parks And Recreation Staff Has Informed Winter Springs Seniors Regarding Schedule & Activities. RECOMMENDATIONS: The Parks And Recreation Department Recommends Approval Of The Transportation Disadvantaged Services Agreement Sixth Addendum For Senior Center Transportation. No discussion. CONSENT 206. Information Services Department REQUEST: Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. FISCAL IMPACT: There Is No Cost To Dispose Of These Surplus Assets. The City Receives Revenue Generated From Items Sold At Auction. COMMUNICATION EFFORTS: A Copy Of The List Of Items To Be Disposed Of Has Been Posted On The City's Website Under Public Notices. Additionally, The Contact Information For The Vendor Conducting The Auction Has Also Been Provided On The Website. RECOMMENDATION: It Is Requested That The City Commission Approve The Disposition Of The Attached List Of Surplus Assets. There was no discussion on this Agenda Item. CONSENT 207. Utility/Public Works Department REQUEST: Requests That The City Commission Approve Resolution Number 2010 -49 Recognizing The Retirement Of Public Works Department Employee Alan Hill. FISCAL IMPACT: There Is No Fiscal Impact If Resolution Number 2010 -49 Is Approved. COMMUNICATION EFFORTS: Copies Or Access To This Agenda Item And Resolution Have Been Provided 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: It Is Recommended That The City Commission Approve Resolution Number 2010 -49 In Honor Of Public Works Department Employee Alan Hill. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 15 OF 26 CONSENT 208. Utility/Public Works Department REQUEST: Requesting The City Commission Authorize Executing An Agreement With Ashbritt Environmental For Storm Debris Removal By Piggybacking Off Their Current Contract With Orange County. FISCAL IMPACT: No Funding Is Required At This Time. The Contract Value Is Limited To $500,000.00 Unless Approved By The City. Depending Of The Scope Of A Storm Event Requiring These Services, The Funding Source Will Likely Be The Storm Reserve Fund. COMMUNICATION EFFORTS: The Debris Removal Contract Is Reviewed Annually With The Parties Involved As Part Of Our Hurricane Preparedness Meetings. RECOMMENDATION: It Is Recommended That Authorization Be Given For City Manager And City Attorney To Prepare And Execute Any And All Documents Necessary To Contract With Ashbritt Environmental For Storm Debris Removal Services By Piggybacking Off Orange County # Y10 -113C. No discussion. CONSENT 209. Information Services Department REQUEST: Requests Commission Approve Renewal And Payment Of The MUNIS Annual Maintenance And Support Agreement In The Amount Of $59,055.75 And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. FISCAL IMPACT: $59,055.75. This Item Is Budgeted In Information Services Department 1340. COMMUNICATION EFFORTS: No Extra Communication Efforts Are Necessary At This Time. RECOMMENDATION: Information Services Requests Commission Approve Renewal And Payment Of The MUNIS Annual Maintenance And Support Agreement In The Amount Of $59 ,055.75 And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. There was no discussion on this Agenda Item. CONSENT 210. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The August 10, 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 16 OF 26 RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The August 10, 2010 City Commission Workshop Minutes. This Agenda Item was not discussed. CONSENT 211. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The August 16, 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 August 16, 2010 City Commission Workshop Minutes. No discussion. CONSENT 212. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The August 23, 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. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The August 23, 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 BY COMMISSIONER McGINNIS. DISCUSSION. CITY CLERK ANDREA LORENZO-LUACES ASKED, "THE MOTION TO APPROVE, INCLUDES THE COMMENTS FROM THE MANAGER ?" DEPUTY MAYOR BROWN NOTED, "IT INCLUDES THE REVISION TO THE RECOMMENDATION." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 17 OF 26 VOTE: COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. • • AGENDA NOTE: THE FOLLOWING (REMAINING) AWARDS AND PRESENTATIONS WERE DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. • • AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 301. Land Design Innovations, Inc. — City Consultant Presentation From Land Design Innovations, Inc. Updating The City Commission On Economic Development Efforts. (Follow Up Presentation From Informational Agenda Item "101 ".) Ms. Tracy Crowe, AICP, Senior Planner, Land Design Innovations, Inc., 1770 Fennel Street, Suite 200, Maitland, Florida :: addressed the City Commission on the SEMATECH project. With further comments on SEMATECH, Ms. Crowe stated, "I know we drafted a template letter to provide to all of you. If you have any citizens that want to write letters of recommendation for the project, or encouragement that they would like to have the project here in Winter Springs so there is a template out there." Mayor Bush mentioned, "The University does not want any letters yet." Mayor Bush then suggested to Ms. Crowe, "You might want to check with Dr. Holsenbeck." Ms. Crowe stated, "Absolutely." AWARDS AND PRESENTATIONS 302. Police Department Requesting The Mayor And City Commission Receive A Presentation From The Police Department On A Comparison Of Crime Statistics For 2005 — 2009. (Follow Up Presentation From Informational Agenda Item "102 ".) Chief of Police Kevin Brunelle spoke to City Commission on Uniform Crime Reporting. Discussion. Commissioner McGinnis asked if he received statistics on child sex abuse. Chief Brunelle stated, "I can get them for you." Commissioner McGinnis added, "Once a year, I use to get them and report them, and that might be good to include that in part of your reporting annually." Chief Brunelle noted he will be sending out an Annual Report shortly, and added, "I would be happy to add that information." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 18 OF 26 Commissioner Bonner spoke on the "Citizens on Patrol" program and asked if related "Citizens on Patrol's" calls to service could be added to future Reports. Chief Brunelle explained, "You will see it for the first time next month, in the Monthly Report." Manager Smith remarked, "Just to publically acknowledge and commend the Chief and the men and women from the Winter Springs Police Department - when you look at the statistics that the Chief put up over the six (6) month period for 2010 comparable to 2009 and actually a nine (9) month period now — the eight percent (8 %) reduction in crime to accomplish that — during normal times is tremendous, but in my opinion to do so in a tight budget and a tough economy is extraordinary, so my kudos." AWARDS AND PRESENTATIONS 304. Office Of The Mayor And City Commission Presentation Of Resolution Number 2010 -49 Recognizing Alan Hill For His 15 Years Of As An Employee Of The City Of Winter Springs And Expressing Our Appreciation On Behalf Of The Citizens Of The City Of Winter Springs. Mayor Bush presented Resolution 2010 -49 to Mr. Alan Hill in honor of his dedicated service to the City as he retires. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese commented on the recently Elected Officials and explained, "As a Commissioner -Elect and Mayor - Elect, we have two (2) of them that are going to be joining the City Commission after the Election, they are subject to the Sunshine Law as if they were a Member of the City Commission already." Furthermore, Attorney Garganese added, "There is one minor exception, there are two (2) of you that will not be on the Commission when they begin their terms so discussions between Commissioner McGinnis and Mayor Bush and the two (2) - Commissioner -Elect and Mayor -Elect is permissible, but the rest of you have to be governed by the Sunshine Law with respect to those two (2) folks." REPORTS 401. Office Of The City Manager — Kevin L. Smith No Report. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC City Clerk Andrea Lorenzo - Luaces commented on the scheduled League of Women Voter's Winter Springs Candidate Night and asked, "Would you like me to have that cancelled ?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — SEPTEMBER 13, 2010 PAGE 19 OF 26 Commissioner McGinnis and Commissioner Krebs stated, "Cancel it." No objections were voiced. REPORTS 403. Office Of Commissioner Seat Four— The Honorable Sally McGinnis Commissioner McGinnis asked if we "Could have a Consensus to have the City Manager contact the owner of the Golf Course and take those front walls down on the boulevard that says `Winter Springs Golf Course'. They look terrible and it is not a Winter Springs facility - and I also would like to see the whole clubhouse knocked down. The roof is falling in, it is full of mold, and it is a hazard." Discussion followed on whether this was a public safety issue. Chief Brunelle noted, "We'll keep a regular eye on it. If it becomes a health safety issue, we'll certainly address it." Attorney Garganese remarked about the "Discontinued sign issue — when the Commission Amended the Code, the new Sign Code expressly addresses discontinued signs and if property has been vacant and unoccupied for a period of ninety (90) days or more and any sign face which advertises service no longer conducted or a product no longer sold upon the premises where the sign is located, is prohibited under the Sign Code." Tape 2 /Side B Attorney Garganese added that there is "The International Property Maintenance Code provisions and other provisions in the City Code that the Building Official and Code Enforcement can look at to address any deterioration of the building that may present a property maintenance issue." Mayor Bush asked the City Commission, "Everybody is in agreement with Commissioner McGinnis' recommendation ?" Commissioner Krebs and Deputy Mayor Brown stated, "Yes." No objections were noted. REPORTS 404. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs asked Attorney Garganese when the new Elected Officials would take Office if the Charter Amendments pass in early November. Attorney Garganese responded by saying, "I will have a final answer before the Election." Next, Commissioner Krebs mentioned she had been contacted by representatives with Sonesta Pointe regarding aesthetics. Other Commissioners noted they had been contacted also. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 20 OF 26 REPORTS 405. Office Of The Mayor — The Honorable John F. Bush Mayor Bush offered his Congratulations to Deputy Mayor Brown who was Elected as Boys Town's Chair. Secondly, Mayor Bush mentioned that Seminole County said they were planning to give Envision Seminole one hundred thousand dollars ($100,000.00) for an Economic Study. Mayor Bush added, "We contribute to the Envision Board — each of our cities, and we weren't notified of it." Mayor Bush then noted that he would attend a Seminole County Board of County Commissioners meeting - to share with them his displeasure. Commissioner Krebs noted, "We support you on that." Thirdly, Mayor Bush commented on some Incubator meetings he had recently attended and suggested others meet with the companies also. REPORTS 406. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Hovey commented on the turn lane near Papa Tony's. Next, Commissioner Hovey noted she had attended last week's Citizen's Advisory Committee (CAC) Meeting and mentioned a new program called, "Operation Medicine Cabinet." Discussion followed with Chief Brunelle who spoke on the merits of this new program and explained that unused medicines can be dropped off in a new drop box at the Police Department and added, "If you can't come to the PD (Police Department), we'll come and get it." Deputy Mayor Brown said to Chief Brunelle, "Are you going to notify all of the Pharmacy's in the City ?" Chief Brunelle then explained what he will be doing to get the word out. Further comments. Lastly, Commissioner Hovey mentioned that she had attended a TABOR (Taxpayer Bill of Rights) meeting. Further comments. REPORTS 407. Office Of Commissioner Seat Two/Deputy Mayor — The Honorable Rick Brown Deputy Mayor Brown asked about the status of the Ladybird Academy and inquired about a lawsuit by Ladybird Academy against Ladybird, Inc., and also asked if the lawsuit would affect us? Mr. Stevenson said, "I don't know at this point but I will certainly check on it tomorrow." REPORTS 408. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Bonner mentioned he had attended the last Town Parke Apartments meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 21 OF 26 Secondly, Commissioner Bonner commented on homelessness in Seminole County and invited his peers on the dais to attend a "Pathways to Home" event on September 25, 2010 to help with homelessness. Next, Commissioner Bonner recognized the newly Elected Officials for Winter Springs. Continuing, Commissioner Bonner also noted that he wanted, "To recognize the many years of Service of Commissioner McGinnis — thank you very, very much for your eight (8) years of service to our community; and for the extraordinary service record of outgoing Mayor John Bush — so, thank you very much for your service to our community." ❖ ❖ AGENDA NOTE: THE FOLLOWING SUPPLEMENTARY REPORTS WERE DISCUSSED NEXT, IN ADDITION TO WHAT WAS NOTED ON PAGES 19 -20 OF THESE MINUTES. ❖ ❖ REPORTS REPORTS 404. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs suggested that the City Commission and the City Manager might be interested in possibly serving on one of the Florida League of Cities' Policy Committees and added, "Please get involved." REPORTS 405. Office Of The Mayor — The Honorable John F. Bush Mayor Bush commented on a recent Atlantic Housing Partners, LLLP meeting and suggested Atlantic Housing Partners, LLLP could possibly pay overtime costs for Staff to assist with any PowerPoint presentations. ❖ ❖ AGENDA NOTE: ADDITIONAL PUBLIC INPUT WAS HEARD NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. •:•• PUBLIC INPUT Ms. Chris Blackwell, 711 Sybilwood Circle, Winter Springs, Florida: recognized Mr. Stevenson and Mr. Steve Richart, (Urban Beautification Services Division, Community Development Department), "For their kindness and professionalism; they were wonderful to work with; quite helpful and I am very grateful." Ms. Blackwell added, "I also want to thank (Commissioner) Jean Hovey for her insight, wisdom, and integrity. It's always a pleasure." Continuing, Ms. Blackwell addressed the City Commission on behalf of herself and the Indian Trails Middle School PTSA on the Indian Trails Middle School new electronic sign and asked why the City wanted to have messages run on their sign. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 22 OF 26 PUBLIC HEARINGS AGENDA - PART II PUBLIC HEARINGS 502. Office Of The City Attorney REQUEST: Requests That The City Commission Approve On Second Reading Of Ordinance Number 2010 -21, Which Revises The Administrative Procedural Portions Of The City Code To Expressly Require And Authorize The Planning And Zoning Board To Review And Make Advisory Recommendations On Development Applications In The Town Center FISCAL IMPACT: No Funding Requirements Are Tied To The Approval Of This Agenda Item. However, If This Ordinance Is Approved, The Planning And Zoning Board May Need To Conduct Additional Meetings In The Future To Handle Town Center Development And Special Exception Applications. COMMUNICATION EFFORTS: The Ordinance Was Advertised For Public Hearing Before The Planning And Zoning Board As Well As Before The First And Second Readings Before The City Commission. The Advertisements Were Published In A Newspaper, Posted On The City's Web Site And Bulletin Boards. RECOMMENDATION: The City Attorney Requests That The City Commission Approve On Second Reading Of Ordinance Number 2010 -21. 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. "I WOULD LIKE TO MAKE A MOTION TO APPROVE ON SECOND READING" (ORDINANCE 2010 -21). MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER McGINNIS. 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 - SEPTEMBER 13, 2010 PAGE 23 OF 26 REGULAR AGENDA REGULAR 601. Office Of The City Attorney REQUEST: Pursuant To City Commission Directive, The City Attorney Has Prepared An Interlocal Agreement Between The City And The Seminole County School Board, Authorizing An Electronic Message Board Feature To Be Incorporated Into, Or To Replace, The Existing Permanent Sign Located At The Entrance Of The Indian Trails Middle School And Establishing A Related Use And Performance Standard Policy. FISCAL IMPACT: None. COMMUNICATION EFFORTS: RECOMMENDATION: The City Attorney Recommends That The City Commission Consider Approval Of The Interlocal Agreement Between The City And The Seminole County School Board, Authorizing An Electronic Message Board Feature To Be Incorporated Into, Or To Replace, The Existing Permanent Sign Located At The Entrance Of The Indian Trails Middle School And Establishing A Related Use And Performance Standard Policy. Attorney Garganese pointed out, "On page 2 of the Agreement, the 3r recital, it states that the sign will be `without contribution from any public or private entity' — the language `without contribution from any public or private entity' should be stricken from the Agreement." "MOTION TO APPROVE ". MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. REGULAR 602. Office Of The City Attorney And City Staff REQUEST: Requests That The City Commission Consider Approval Of Resolution No. (Number) 2010- 43, Authorizing The City To Solicit Sponsorship Funds To Help Off -Set The Costs Of The City's Existing Light Post Banner Program And Establishing An Administrative Policy For Incidental Sponsorship Acknowledgments On Light Post Banners. FISCAL IMPACT: The Precise Fiscal Impact Is Yet To Be Determined. It Is Intended That The City Will Receive Increased Revenues To Help Offset The Cost Of Operating And Maintaining The City's Light Post Banner Program Established By Resolution 2009 -29. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 24 OF 26 COMMUNICATION EFFORTS: RECOMMENDATIONS: The City Attorney And City Staff Recommends That The City Commission Approve Resolution 2010 -43, Establishing An Administrative Sponsorship Policy For The Light Post Banner Program. "MOTION TO APPROVE ". MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 603. Office Of The City Manager And Office Of The City Clerk REQUEST: Request That The City Commission Make Appointments To The City's New "Bicycle And Pedestrian Advisory Committee ", Which Was Approved At The August 23, 2010 Regular City Commission Meeting With The Ratification Of Ordinance 2010 -06. FISCAL IMPACT: There Is No Specific Fiscal Impact To These Appointments. However, Once The "Bicycle And Pedestrian Advisory Committee" Begins Meeting, Office Of The City Clerk's Staff Will Be Providing Administrative Assistance To The "Bicycle And Pedestrian Advisory Committee ". Such Costs Are Estimated To Be Approximately $3,076.00 Per Year; And Have Been Budgeted For Fiscal Year 2010 -2011; With Funds Coming From Office Of The City Clerk Overtime Salaries (Line Code 1210- 51214). Community Development Department Liaison Staff Costs Have Been Absorbed Otherwise. COMMUNICATION EFFORTS: This Agenda Item Has Been Distributed To The Mayor And City Commission; City Manager; City Attorney; Department Directors; 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 City Commission Is Requested To Ratify Appointment(s) To The "Bicycle And Pedestrian Advisory Committee ". "LARRY HARTMAN" NOMINATED TO SERVE ON THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE. MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 13, 2010 PAGE 25 OF 26 "GEORGE COLOMBO" NOMINATED TO SERVE ON THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. "GARY BROOK" NOMINATED TO SERVE ON THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE. MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. "WILLIAM CARPENTER" NOMINATED TO SERVE ON THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE. MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR 604. Office Of The City Manager And Office Of The City Clerk REQUEST: Request That The City Commission Make Appointments To The City's New "Parks And Recreation Advisory Committee ", Which Was Approved At The August 23, 2010 Regular City Commission Meeting With The Ratification Of Ordinance 2010 -07. FISCAL IMPACT: There Is No Specific Fiscal Impact To These Appointments. However, Once The "Parks And Recreation Advisory Committee" Begins Meeting, Office Of The City Clerk's Staff Will Be Providing Administrative Assistance To The "Parks And Recreation Advisory Committee ". Such Costs Are Estimated To Be Approximately $3,076.00 Per Year; And Have Been Budgeted For Fiscal Year 2010 -2011; With Funds Coming From Office Of The City Clerk Overtime Salaries (Line Code 1210- 51214). Parks And Recreation Department Liaison Staff Costs Have Been Absorbed Otherwise. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — SEPTEMBER 13, 2010 PAGE 26 OF 26 COMMUNICATION EFFORTS: This Agenda Item Has Been Distributed To The Mayor And City Commission; City Manager; City Attorney; Department Directors; 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 City Commission Is Requested To Ratify Appointment(s) To The "Parks And Recreation Advisory Committee ". "ART GALLO" NOMINATED TO SERVE ON THE PARKS AND RECREATION ADVISORY COMMITTEE. MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. "ARNIE NUSSBAUM" NOMINATED TO SERVE ON THE PARKS AND RECREATION ADVISORY COMMITTEE. MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:06 p.m. RESP : C/ FULLY SUBMITTED: LAO A : : 'T NZO- LUACES, MMC CITY C RK APP ' i FD. � MAY ' JOHN F. BUSH NOTE: These Minutes were approved' at the September 27, 2010 City Commission Regular Meeting.