Loading...
HomeMy WebLinkAbout_2010 08 23 City Commission Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES REGULAR MEETING MONDAY, AUGUST 23, 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 - AUGUST 23, 2010 PAGE 2 OF 24 CALL TO ORDER The Regular Meeting of Monday, August 23, 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. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department REQUEST: Advising The City Commission Of The Status Of Various Current Planning Projects. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The Commission Agenda Are Necessary In Conjunction With This Agenda Item. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. No discussion. INFORMATIONAL 101. Office Of The City Clerk REQUEST: Requests That The City Commission Be Informed Of The Upcoming Anniversary Date And Performance Review For Fiscal Year 2010-2011, As Requested By The City Commission At A Previous Meeting. FISCAL IMPACT: There Is No Fiscal Impact To Be Considered With The Approval Of This Agenda Item. COMMUNICATION EFFORTS: The City Clerk And The City Manager Have Discussed This Agenda Item And The New Evaluation Document. Additionally, This Agenda Item Has Been Distributed To The Mayor And City Commission, City Manager, And City Attorney; Placed In Press Packets; Placed In The Lobby Binder; And Will Be Available On The City's Website, Laserfiche, And The City's Server. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2010 PAGE 3 OF 24 RECOMMENDATION: The City Commission Is Requested To Accept The Information In This Agenda Item. There was no discussion on this Agenda Item. "MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Office Of The City Attorney REQUEST: Presents A City Of Winter Springs Volunteer Policy For Consideration By The City Commission. FISCAL IMPACT: There May Be A Nominal Increase In Administrative Costs Involved In Processing Volunteer Applications. Additionally, The City Manager Is Authorized, But Not Required, To Utilize City Funds To Assist A Volunteer In Obtaining Required Certification Or Licensing As Needed By The City. The City Manager May Require The Volunteer To Agree To Repay The Funds To The City If The Volunteer Does Not Provide Services For A Specified Time Period. COMMUNICATION EFFORTS: Copies And/Or Access To This Agenda Item Have Been Provided To The Mayor And City Commission, City Manager, Department Directors; Placed In The Press Packets; Placed In The Lobby Binder; And Is Available On The City's Website, LaserFiche, And The City's Sever. RECOMMENDATION: The City Attorney Recommends That The City Commission Consider Approval Of The Proposed City Of Winter Springs Volunteer Policy. Discussion followed on the Hold Harmless Agreement; training; and Certification. City Attorney Anthony A. Garganese explained that the Policy was "Intended to provide some sort of discretion and flexibility so the Manager can just do what is right." Further comments. "I WOULD LIKE TO PULL THIS OFF AND HAVE THIS BROUGHT FORWARD LATER." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2010 PAGE 4 OF 24 VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CONSENT 201. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Requests That The City Commission Consider And Approve An Amendment To The City Of Winter Springs General Employees' Retirement System Investment Policy Statement. FISCAL IMPACT: It Is Difficult To Determine The Direct Impact Of The Underlying Decision To Rebalance The Pension Portfolio. However, It Is Conventional Wisdom That When Faced With Increasing Interest Rates And Inflation That Bonds Will Typically Under -Perform Other Investment Opportunity Such As Real Estate. COMMUNICATION EFFORTS: The Board Of Trustees Will Be Notified Via Email That The Commission Has Approved The Pension Fund Policy. City Manager And Finance Director Will Work With The Bogdahn Group To Rewrite And Execute The Investment Policy. Once The Policy Has Been Rewritten It Will Be Posted On The City's Intra/Internet Web Sites. RECOMMENDATION: City Manager And Finance Department Recommend The Commission Approve The Amendment Set Out In This Agenda Item And Detailed Herein. No discussion. CONSENT 202. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The August 9, 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 9, 2010 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2010 PAGE 5 OF 24 CONSENT 203. Utility Department REQUEST: Requesting The City Commission Approve The Contract For The Construction Of The Oak Forest Reclaimed Water Pumping And Storage Improvements With Beach Construction Of Gainesville At A Cost Of $1,562,000.00. FISCAL IMPACT: The Need To Proceed With This Project Is Related To The St. Johns River Water Management District Grant Awarded To The City: The Grant Pays 30% Of The Reclaimed Water Augmentation Construction Costs Up To $1,280,000.00. The $4.2M ($4,200,000.00) The City Would Need To Spend To Maximize The Grant Is Required To Be Completed By April 2012. It Is Anticipated That The Filtration And Pumping At The Lake Jesup Augmentation Facility Will Be Bid In Approximately 90 Days And Cost In The $2.5M ($2,500,000.00) Range As Shown Below. PROJECT BASE BID CONTINGENCY TOTAL GRANT NET COST Oak Forest Pumping/Storage $1,562,000.00 $78,100.00 $1,640,100.00 ($492,000.00) $1,148,070.00 Lake Jesup Filtration/Pumping $2,501,810.00 $125,090.00 $2,626,900.00 ($788,000.00) $1,838,900.00 Total $4,267,000.00 ($1,280,000.00) $2,986,970.00 The Finance Director Is In The Process Of Soliciting Proposals For Construction And Permanent Financing For The $3,000,000.00 Net Needed For These Initial Reclaimed Water Production Related Projects. In The Interim, Approximately $1,200,000.00 Net Need For This Project Is Proposed To Be Funded From Utility Enterprise Fund Reserves Which Are Projected To Be At $4,561,844.00 As Of September 30, 2010. This Will Not Violate The City's Fiscal Policy Which Requires 25% Reserves Or Approximately $2,500,000.00 To Remain In The Utility Enterprise Fund. The Final Determination Of The Funding Options Will Be Brought To The City Commission At A Future Meeting. COMMUNICATION EFFORTS: The Proposed Construction Schedule Will Be Provided To The Oak Forest HOA (Homeowners Association) Oak Forest Unit 8 HOA (Homeowners Association), And The Oak Forest Residents On The West Side Of Trotwood That Abut The Project. The HOA's (Homeowners Associations) Were Previously Notified When The Concept Plan Was Approved By The Commission. Project Signage Will Also Be Provided In The Construction Area Identifying The Project. RECOMMENDATION: It Is Recommended That The City Commission Authorize An Agreement With Beach Construction At A Cost Of $1,562,000.00 Plus A 5% Contingency Payable With A Supplemental Appropriation From The Utility Enterprise Fund And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2010 PAGE 6 OF 24 CONSENT 204. Parks And Recreation Department REQUEST: Requests That The City Commission Consider The Termination Of The Existing Agreement Dated October 13, 2009 And The Approval Of The 2010-2011 Agreement With The Winter Springs Youth Sports, Inc. (Babe Ruth League) Regarding Concession Operations At Central Winds Park. FISCAL IMPACT: No City Concession Funding Required. COMMUNICATION EFFORTS: The League Will Inform Their Membership And Will Promote Through WSBR (Winter Springs Babe Ruth) Website. City Will Promote Season Opening On City Website, Flyers, e-Alerts. RECOMMENDATION: The Parks And Recreation Department Requests That The City Commission Consider The Termination Of The Existing Agreement Dated October 13, 2009 And The Approval Of The 2010-2011 Agreement With The Winter Springs Youth Sports, Inc. (Babe Ruth League) Regarding Concession Operations At Central Winds Park. No discussion. CONSENT 205. Parks And Recreation Department REQUEST: Requests That The City Commission Consider Approval Of The 2010-2011 Agreement With The Central Florida United (CFU) dba Central Florida Kraze/Krush Soccer Club Regarding Concession Operations At Central Winds Park. FISCAL IMPACT: No City Concession Funding Required. COMMUNICATION EFFORTS: • The League Will Share With Their Membership And Will Promote Through Their Website. • The City Will Promote The Grand Opening On City Website, Flyers, e-Alerts. RECOMMENDATION: The Parks And Recreation Department Requests That The City Commission Consider Approval Of The 2010-2011 Agreement With The Central Florida United (CFU) dba Central Florida Kraze/Krush Soccer Club Regarding Concession Operations At Central Winds Park. There was no discussion on this Agenda Item. "MOTION TO APPROVE CONSENT AGENDA" (NOT INCLUDING CONSENT AGENDA ITEM "200"). MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2010 PAGE 7 OF 24 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor Issuing A Proclamation In Accordance With The City Of Winter Springs' Code Of Ordinances Calling The General Municipal Election Of 2010. Mayor Bush read into the Record a Proclamation calling the General Municipal Election of 2010. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager — Kevin L. Smith City Manager Kevin L. Smith stated, "Just to publicly expand on my email that I sent to Staff this morning, and publicly thank Joanne (Dalka, Director, Information Services Department) and her staff, Chris (Edwards, Web Multimedia Technician, Information Services Department), Randy (Arcebido, Projects and Applications Support Specialist, Information Services Department), and Joe (Alcala, MCSE, CISSP, IT Coordinator/Security Administrator, Information Services Department), the rest of the Department Heads, and the entire team for their diligent efforts on the presentation that you all presented to the Florida League of Cities on Friday. And, I have to say, I have never been more proud to be a Member of this team as I was during that presentation." REPORTS 402. Office Of The City Clerk — Andrea Lorenzo-Luaces, MMC City Clerk Andrea Lorenzo-Luaces advised the City Commission about the "Industry Recognition Luncheon" on Friday, September 241h, 2010 and noted that she could register anyone interested in attending. REPORTS 403. Office Of Commissioner Seat Three — The Honorable Gary Bonner No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2010 PAGE 8 OF 24 REPORTS 404. Office Of Commissioner Seat Four— The Honorable Sally McGinnis Commissioner Sally McGinnis mentioned that the Hayes Road turn lane was now ready. REPORTS 405. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Joanne M. Krebs stated, "I just wanted to thank Andrea (Lorenzo-Luaces) and Kevin (Smith) for their hard work in putting together that presentation at the Florida League (of Cities) and really enjoyed delivering it as well as all of the comments that we received regarding it." Next, Commissioner Krebs mentioned she attended an Atlantic Housing Partners, LLLP meeting at the Tuscawilla Country Club and asked if Atlantic Housing Partners, LLLP had turned in any Re -Submittals. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department commented that there had been a meeting on a new Concept Plan and added, "I have an official letter from them dated today actually, where they have — requested to withdraw their Submittal effective on the 13`h. They look forward to coming back in with another Submittal by the end of this month to reflect those commitments I believe that were spoken of at Tuesday evening's meeting." Manager Smith stated, "Staff will work this project as we would any project and it will come to you at the appropriate time. Once Staff has done their work, we will be providing appropriate documents to our web page to keep the citizens updated as we move forward." Commissioner Gary Bonner commented on the City's calendar and related meetings and inquired, "Would that three (3) meeting process start over again, now that the proposal is going to start over again?" Manager Smith explained, "That would be something that would be at the option of the Applicant. We could certainly make that request. I would say they intend to have the third meeting — they would have that third meeting, and if additional meetings were warranted after that, we could certainly make that request, but as for now, I don't believe there are any plans other than for the third meeting." Commissioner Bonner commented on the meetings that have been held and mentioned, "It sounds like we are more or less going back to square one again - we may want to pass back to the Applicant the suggestion that they conduct three (3) sessions in order to once again give our citizens the broadest opportunity to participate and have the opportunity to participate, and have the opportunity to listen so that they can provide their feedback to us." Manager Smith stated, "Hearing no objection, I will certainly make that request of the Applicant." Mayor Bush asked if the letter we just received should be posted on our Website or sent out to residents. Manager Smith remarked, "That is our intent Mayor - to post it on the Website." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2010 PAGE 9 OF 24 REPORTS 406. Office Of The Mayor — The Honorable John F. Bush Mayor Bush stated, "I also want to thank Staff, and Kevin (Smith), and the Commission for the Presentation" at the Florida League of Cities. With further comments on the City's Presentation, Mayor Bush added, "I couldn't have been more proud of Winter Springs and the work that Kevin (Smith), and the Staff did in putting this together." Further comments. Continuing, Mayor Bush stated, "It was a great time for Winter Springs and I was so extremely proud of our City during this!" Furthermore, Mayor Bush explained, "If you have not seen it, it will be on the Web; and again, Kevin (Smith) and Staff put it together, myself and the Commission were the ones who delivered it - but it was extremely well received and we were all very proud to represent the City there." Manager Smith said, "We will always try to get better and if you have suggestions, comments, on maybe something we could do better as far as communications, by all means, please send me an email, drop us a line, the Mayor, or the Commissioners." Next, Mayor Bush stated, "I am going to ask the Commissioners — what would you think about allowing people to call in during Public Input?" Mayor Bush then suggested, "Kevin (Smith) you might think about it and Andrea (Lorenzo-Luaces) - if we decided to do it, how it would be done." Manager Smith said, "We have some additional options there, that I would like to bring back to the Commission at a later date." REPORTS 407. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Jean Hovey also said the presentation at the Florida League of Cities was great and added, "Thank you to all who participated." Next, Commissioner Hovey asked Attorney Garganese about the status of Electronic signs. Attorney Garganese responded, "We're drafting an Interlocal Agreement, based on the information we received last week from Staff. The Resolution for modifying the Terms for the City sign is coming on your next Agenda. We're moving forward." Lastly, Commissioner Hovey asked about the status of the turn lane in front of Papa Tony's Restaurant. Discussion followed with Mr. Brian Fields, P.E., City Engineer, Public Works Department. REPORTS 408. Office Of Commissioner Seat Two/Deputy Mayor — The Honorable Rick Brown No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2010 PAGE 10 OF 24 ❖❖ AGENDA NOTE: THE FOLLOWING ADDITIONAL "REPORT" WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. ❖ ❖ REPORTS REPORTS 405. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Additionally, Commissioner Krebs commented on LEED (Leadership in Energy and Environmental Design), and asked, "Where is our Winter Springs' Certification Program?" Manager Smith stated, "I would respectfully asked for some time to get you a proper answer to that question." PUBLIC INPUT Mr. James Hansberger III Cherry Creek Circle, Winter Springs, Florida: noted he had a Petition to present related to opposition to the proposed Atlantic Housing project, and voiced some comments he had related to this project. Mayor Bush asked if Atlantic Housing Partners, LLLP needed to have three (3) more meetings, since they were changing the plan for the project. Manager Smith said the meetings were voluntary, and added, "I would have to have that conversation with them in regards to additional meetings and I am going to make that request." Mayor Bush asked the Commission for their input and stated, "I think the Consensus is the Commission would like to see - more meetings taking place with this new plan." Ms. Suzanne Walker, 1012 Winter Springs Boulevard, Winter Springs, Florida: as a Board Member of the Oak Forest community, Ms. Walker commented on the Sonesta Point project, and inquired about protection against Tuscawilla Greens and abandoned properties. Mayor Bush suggested that Mr. Stevenson could answer any questions Ms. Walker might have. Ms. Bobbie Demme -San Filippo, 108 View Point Place, Winter Springs, Florida: mentioned pride in this City; due diligence as to what is best for the City; and to continue meetings with Developers. Mayor Bush said, "Since this is the second issue on Sonesta Point, I wondered if Kevin (Smith), we could put together a very short description of — the action the Commission took to protect the development, the letter of credit, so forth, so on." Manager Smith responded, "Sure." Ms. Sarita Forbes, 302 Heatherwood Court, Winter Springs, Florida: speaking as the Present of the Reserve at Tuscawilla Homeowner's Association, Ms. Forbes read a statement with comments and questions related to the proposed Atlantic Housing Partners, LLLP project; and said she was in support of the Ordinance related to the Planning and Zoning Board/Local Planning Agency. Mr. Steve Blount, 149 Cherry Creek Circle, Winter Springs, Florida: noted his support for the Ordinance related to the Planning and Zoning Board/Local Planning Agency reviewing Town Center projects; and commented on the proposed Atlantic Housing Partners, LLLP project. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — AUGUST 23, 2010 PAGE I 1 OF 24 Mr. Malcolm Deshazo, 603 Pearl Road, Winter Springs, Florida: commented on his support for the proposed Bicycle and Pedestrian Advisory Committee, and mentioned that he would like to serve on this Committee. Commissioner McGinnis recommended that Mr. Deshazo and anyone else interested complete the Advisory Board and Committee Application. Mayor Bush said that Mr. William P. (Scott) Harden, "Did not wish to address the Commission but is opposed to the Atlantic Housing [Partners, LLLP] project. Mr. Jay Clay 144 Peregrine Court, Winter Springs, Florida: commented on the fiscal impacts of Consent Agenda Item "203". Mr. Lockcuff commented on Consent Agenda Item "203". Ms. Sharon Sheehan, 211 Heatherwood Court, Winter Springs, Florida: mentioned that she attended the first meeting held by Atlantic Housing Partners, LLLP and thought it should have been taped, thought the citizens needed to be kept informed, and asked for more meetings to better understand the proposed Atlantic Housing Partners, LLLP project. Ms. Sheehan also commented on her support of the Ordinance related to the Planning and Zoning Board/Local Planning Agency; and thought that the suggestion of receiving Public Input by telephone should be tried. Mr. Dennis Nikles, 308 Heatherwood Court, Winter Springs, Florida: commented on the Feasibility Study done for the proposed Atlantic Housing Partners, LLLP project. Tape I/Side B PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Attorney REQUEST: Requests That The City Commission Consider The First 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 Will Be Advertised For Public Hearing Before The Planning And Zoning Board And Before Second And Final Reading Before The City Commission. The Advertisements Will Be In The Normal Course For A General Ordinance Including Publication In A Newspaper, Posting On The City's Web Site And Bulletin Boards. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2010 PAGE 12 OF 24 RECOMMENDATION: The City Attorney Requests That The City Commission Consider Passing The First Reading Of Ordinance Number 2010-21, And If Acceptable, Refer The Ordinance To The Planning And Zoning Board For Review And Recommendation Prior To Second And Final Reading. Mayor Bush asked, "Can we have a Motion to read by `Title' only"? "SO MOVED." 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. Attorney Garganese read the Ordinance by "Title" only and stated, "This Ordinance would require the Planning and Zoning Board review all new Applications and substantial Amendments for previously Approved Applications related to Town Center development process. That would also include a review and recommendation on Special Exception requests which are deviations from the Town Center Code. Lastly, this Ordinance memorializes the past practice of the Commission to serve as the Development Review Committee, under the Town Center Code." Mayor Bush opened the "Public Input "portion of the Agenda Item. Ms. Susan Wilson, 235 Nandina Terrace, Winter Springs, Florida: noted she supported this proposed Ordinance. Mr. Bill Poe, 635 Marlin Road, Winter Springs, Florida: as a Member of the Planning and Zoning Board/Local Planning Agency, Mr. Poe also said he supported this Ordinance. Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: also spoke of her support for this Ordinance and wondered if the reference to 20-321. on page 2 of the Ordinance "Shouldn't also include the Economic Impact Study — that the Planning and Zoning [Board/Local Planning Agency] should also take a quick perusal of that." Attorney Garganese added, "The breadth of what she is asking may require a little more thought on the different tiers of Economic Studies that could be requested, depending on the scope of the Development Review Project." Mayor Bush closed the "Public Input"portion of the Agenda Item. "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. MAYOR BUSH REMARKED, "YOU WILL NOTICE THE LAST SENTENCE IN THE RECOMMENDATION BY THE ATTORNEY, ABOUT REFERRING THIS ORDINANCE TO THE P & Z (PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY) FOR REVIEW AND RECOMMENDATIONS PRIOR TO SECOND AND FINAL - PART OF THE MOTION." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — AUGUST 23, 2010 PAGE 13 OF 24 DEPUTY MAYOR BROWN STATED, "YES. COMMISSIONER McGINNIS ADDED, "PART OF THE MOTION." COMMISSIONER BROWN THEN SAID TO ATTORNEY GARGANESE, "SO, AFTER THIS GETS APPROVED, WE CAN GO BACK AND THEN MODIFY IT AT THAT TIME? ATTORNEY GARGANESE RESPONDED, "YES. ON THE SUBSTANTIVE REQUIREMENTS FOR APPLICATIONS AND THINGS LIKE THAT. YES, THAT WOULD PROBABLY REQUIRE A LITTLE BIT MORE FURTHER STUDY." VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department — Planning Division And The Public Works Department REQUEST: Request That The City Commission Hold A Second Reading, Public Hearing And Adopt Ordinance 2010-06, Establishing A Bicycle/Pedestrian Advisory Committee (BPAC) With The Responsibilities Directed Under The Comprehensive Plan. FISCAL IMPACT: This Committee Of Citizen Advocates Will Enable The City To Provide A Focused, Targeted Effort To Promote Active And Non -Motorized Transportation Planning At A Potentially Huge Cost Savings To The City That Would Not Otherwise Be Possible Unless The City Were To Hire Additional Staff. Additionally, This Committee Will Play A Crucial Role In The City's Ability To Efficiently Obtain Funding For New Trails, Sidewalks, And Bikeways. Also Important To The Long -Term Fiscal Impacts Are The Positive Contribution That Non -Motorized And Multi -Modal Transportation Networks Will Have On The Health And Economic Well Being Of Winter Springs' Residents. Committee Members Would Not Be Paid. Although The City Will Incur Some Staff Costs Associated With The Administration Of This Committee, The Majority Of Time Will Be From Salaried Personnel At No Additional Cost To The City, And Other Administrative Costs Will Be Minimal Compared To The Benefit Derived From Increased Citizen Input And Opportunity To Receive Additional Grant Monies. The City Clerk's Office Staff Costs Associated With The Administration Of This Committee Is Estimated To Be $3,076.00 Per Year. COMMUNICATION EFFORTS: April 12, 2010 - V Reading Of Ordinance Before The City Commission August 5, 2010 — Public Noticing In Orlando Sentinel (10 [Ten] Days Prior To Adoption) August 23, 2010 — 2"d Reading/Adoption Of Ordinance Commission Agenda Items Are Posted In City Hall And Posted On City's Website. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2010 PAGE 14 OF 24 Communication Of The Opportunity For Citizen Involvement On This Committee Will Be Promoted On The City's Website And Through Ancillary Organizations Who May Have Winter Spring's Residents Who Would Be Interested In Serving On The Committee. Tentative Implementation Schedule: TBD — Committee Appointments TBD — Committee Orientation And Kick —Off Meeting RECOMMENDATION: The Community Development Department — Planning Division And The Public Works Department Request That The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2010-06, Establishing A Bicycle/Pedestrian Advisory Committee (BPAC). Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input"portion of the Agenda Item. Ms. Rebecca Bowman, 81 Sable Court, Winter Springs, Florida: spoke in support of this Committee. Mayor Bush recommended that Ms. Bowman and Mr. Deshazo complete the City's Advisory Board and Committee Application. Mayor Bush closed the "Public Input"portion of the Agenda Item. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department briefly addressed the City Commission regarding this proposed Committee. "MOTION TO APPROVE" (ORDINANCE 2010-06). MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Parks and Recreation Department And Community Development Department — Planning Division REQUEST: Request That The City Commission Hold A Second Reading And Public Hearing For Ordinance 2010-07, Establishing A Parks And Recreation Advisory Committee, As Directed Under The Comprehensive Plan. FISCAL IMPACT: Communities With Outstanding Park Systems And Green Space Maintain Higher Property Values And Have A Greater Aptitude For Soliciting Economic Growth. The City Clerk's Office Staff Costs Associated With The Administration Of This Committee Is Estimated To Be $3,076.00 Per Year. This Will Be Budgeted For FY (Fiscal Year) 10/11(2010/2011). CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — AUGUST 23, 2010 PAGE 15 OF 24 COMMUNICATION EFFORTS: Sept. (September) 28, 2009 — Adoption Of EAR (Evaluation And Appraisal Report) Based Amendments To The Comprehensive Plan Nov. (November) 9, 2009 — Compiled List Of Comprehensive Plan Directives Included In The Agenda Item Feb. (February) 1, 2010 — Commission Workshop To Review Citizen Boards And Committees Commission Agenda Items Are Posted In City Hall And Posted On City's Website. Communication Of The Opportunity For Citizen Involvement On This Committee Will Be Promoted On The City's Website And Through Ancillary Organizations Who May Have Winter Spring's Residents Who Would Be Interested In Serving On The Committee. Tentative Implementation Schedule: April 12, 2010 4" Reading Of Ordinance Before The City Commission August 5, 2010 — Public Noticing In Orlando Sentinel (Min(imum) 10 (Ten) Days Prior To Adoption) August 23, 2010 — 2"d Reading/Adoption Of Ordinance TBD — Committee Appointments TBD — Committee Orientation And Kick -Off Meeting RECOMMENDATION: The Parks And Recreation Department Staff And The Community Development Department — Planning Division Request That The City Commission Hold A Public Hearing For Second Reading/Adoption Of Ordinance 2010-07 Establishing A Parks And Recreation Advisory Committee As Directed Under The Comprehensive Plan. Attorney Garganese read Ordinance 2010-07 by "Title" only. Mayor Bush opened the "Public Input "portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input"portion of the Agenda Item. "MOTION TO APPROVE" (ORDINANCE 2010-07). MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Community Development Department REQUEST: Requests The Commission Consider The Proposed Development Agreement For A 50,000 Square Foot (SF) 2-Story Charter School On An 8.7 Acre Crescent -Shaped Site Within The Town Center. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2010 PAGE 16 OF 24 FISCAL IMPACT: Development Of The Site As A School Would Remove The Property From The Tax Rolls. The Urban Land Institute Notes That Neighborhood Schools Are A Primary Consideration For Many Home Buyers And Are Often A Significant Factor In Residential Development Demand And Sales Price. If Parents Patronize Local Merchants, While Waiting For Their Children, And The School Incorporates Local Dance, Martial Arts, Or Music Classes, These Could Be An Additional Significant Positive Effect On The Local Economy. Please See The Attachment, Which Addresses The History And Economics Of The School. The Potential Tax Revenue For The Property Has Been Accessed For Both A Residential As Well As A Commercial Development Scenario. Since The Property, If Used As A Charter School, Would Be Removed From The Tax Rolls, The City Commission Needs To Be Aware Of The Potential For Lost Tax Revenue When Considering Designation Of The Property As A Civic Site And When Entertaining Any Statements From The Applicant Relative To Ancillary Revenues As A Result Of The Location Of The School. Tax Revenue Scenarios Are As Follows: The Undeveloped Property Currently Pays $20, 643.00 In Property Taxes; The City Receives A Little More Than $5,000.00 Of This Amount. Townhomes (76 Units). As Pronosed In A 2006 Design Submittal Units (1,200 Square Feet) — Assessed At $90.00/Square Foot: $8,208,000.00 $8,208,000.00/1000 = 8208 8,208 (2.5814) = $21,188.13 $21,188.13 (Less The 4% Statutory Discount) _ $20,340.61 Tax Revenue Commercial (Floor Area Ratio Of 20%) 8.7 Acres (43,560 Square Feet) = 378,972 Square Feet FAR Of 20% = 75,794 Square Feet Of Commercial Development 75,794 Square Feet Assessed At $105/Square Foot = $7,958,412.00 $7,958,412.00/1000 = 7,958.41 7,958.41 (2.5814) - $20,543.84 $20,543.84 (Less The 4% Statutory Discount) _ $19,722.09 Tax Revenue The Tax Revenue Estimates For The Residential And The Commercial Scenarios Would Be Added To The Tax Revenue For The Vacant Property, Thereby Generating Total Property Tax Revenues Of Approximately $25,340.00 For The Residential Scenario And $24,722.00 For The Commercial Scenario. COMMUNICATION EFFORTS: A Sign At The Site And Mailing To Abutting Property Owners Was Provided For The Public Hearing For The Associated Special Exception. 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 Approve The Draft Development Agreement. Mr. Stevenson spoke on the Agenda Item and the proposed Development Agreement. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2010 PAGE 17 OF 24 Commissioner Hovey commented on previous questions from the City Commission and said, "For one, mine was about where all the students live — plus the Traffic Study?" Commissioner Hovey added, "I am still concerned about traffic in the area." Mr. Stevenson responded, "They're still working on that along with their Final Engineering." With further comments, Commissioner Hovey noted, "If we approve this, we still have other avenues if the Traffic Study comes back and says we can't handle it..." Mr. Stevenson remarked, "...They still have to do the Final Engineering, yes." Deputy Mayor Rick Brown asked, "Why we would be continuing with a Development Agreement if we don't have our questions answered yet?" Discussion. Further comments. Commissioner Bonner remarked, "My concern is that the added demand here is going to necessitate a turning deceleration lane off of (State Road) 434 and in the event that were to occur, since this is a Civic Site addition, I am a little bit concerned about how that might need to be reflected in a subsequent modification to the Developer's Agreement, so is there an opportunity for subsequent modifications to the Developer's Agreement that would come back before us, relative to traffic and/or the management of traffic?" Commissioner Bonner then asked, "Should we give Staff the opportunity to complete all of the work before we are actually dealing with the Developer's Agreement?" Mr. Stevenson noted, "I think we made the statement Commissioner that there may be various changes that need to be made to the Development Agreement at a later date. I think in considering the Concept Plan there was also discussion relative to moving forward with this Development Agreement and wanting to make sure that it in no way impeded the City's ability to accurately review and ask for changes that were necessitated by the Final Engineering on this particular property. So, in going through that process, that is the only time we will know whether or not they're meeting the need or there needs to be some tweaks and I think they would also be — for lack of a better term, tweaks to the Development Agreement to reflect that." Next, Commissioner Bonner inquired, "What is the estimated timeframe for Staff to receive this additional information such as the Traffic Study, to when you would be able to bring before us those Findings? How much time would transpire between now and your estimate of when we would have that additional information?" Mr. Matt Breen, President, Breen Construction Services, 205 West State Road 434, Suite D, Winter Springs, Florida: noted, "Our estimated timeframe would be the beginning of October for the Engineering to be submitted to Randy (Stevenson) and the rest of the Staff for review and ultimately come before you in a Public Hearing." Commissioner Bonner asked about growth capital improvements. Discussion. Furthermore, Commissioner Hovey asked, "Since this is not a regular neighborhood school, how does the Traffic Study work because if the kids that are there this year, may not be there next year. They may go back to their zoned school." Mr. Stevenson replied, "I think that is probably going to be something that may have to be enumerated in the Traffic Study." Discussion. Mayor Bush commented on the Agreement with Winter Springs High School and noted how busy Winter Springs High School is. Mayor Bush then asked, "What is benefit to the residents of Winter Springs?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2010 PAGE 18 OF 24 Mr. Stevenson commented on Civic Sites and related benefits and stated, "It is part of the nexus that would eventually make up the Town Center." Discussion followed on the property being taken off the Tax Rolls. With further comments, Commissioner Brown stated, "If we approve this Development Agreement tonight, if we don't like the way the Traffic Study or other aspects come back, is our only recourse then modification or does the project have an opportunity to stop at that point?" Related to the Development Agreement, Mr. Stevenson responded by saying that, "There are things in here which need to be reduced to writing relative to Joint Use, the phase facilities, how the Permits are being paid for — things of that nature, some things that we don't normally have to deal with in a Development Agreement. Again, understanding that, with that having been said, subsequent to this, it has to come before this Commission Staff to approve the Final Engineering, and Staff will be going over the Final Engineering with a fine tooth comb prior to bringing it forward to you. If we reach a situation where we have a number of deviations that we can't resolve, please be aware that you will be the first ones to know about that. And again, we have added the extra layer of P & Z (Planning and Zoning Board/Local Planning Agency) at this point in the Town Center to review those Plans, but there are things that are subject to change in the Final Engineering, once you begin to put exact dimensions to a Concept Plan. Once you begin to look at exact numbers relative to Transportation and Traffic Impact Studies, and so forth." Discussion followed on meeting space and Commissioner Bonner asked, "Everybody is always looking for a space to have a Meeting. Would our Developer's Agreement allow us to effectively transfer the City's rights to these organizations that they too could take advantage of this Use, as they would if they were going to use the City's property and therefore somewhat further mitigate this taxable cost." Further comments followed with Mr. Chuck Pula, Director, Parks and Recreation Department who said, "We do have a need, and we could use it, just about all the time." Commissioner Bonner noted, "What about the curve ball of — extending our rights over to our citizens, who really are the ones that we are trying to serve here. How might that work, if it can at all? Mr. Stevenson stated, "I don't think we've discussed that in depth. That may be something we have to look at a little bit more as we provide the details of this Joint Use Agreement." Attorney Garganese added, "That was not brought up in any of our discussions." Commissioner McGinnis commented, "I just want to be sure that we can in fact ensure that we can have City usage for these facilities." Commissioner McGinnis remarked, "So, if we can lock that in some way, so that we will never end up with the situation that we have now, which is not acceptable. I would like to see that happen." Further comments ensued about Winter Springs students. Commissioner McGinnis then said, "Maybe we can even have in the Agreement that there would be a - Joint Planning Committee or Oversight Committee or periodically Trustees of the School would meet with the City Administrator or that Parks and Rec[reation Advisory] Committee so that — if there were any problems or issues they are dealt with upfront, right away before they become a real problem." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING— AUGUST 23, 2010 PAGE 19 OF 24 Commissioner Krebs stated, "It sounds like right now the majority up here has more concerns than not, with this DA (Developer's Agreement) and maybe the DA (Developer's Agreement) needs to be a little stricter as far as guarantees. I agree with you Mayor Bush — unless we have a guarantee, how do we know the school is not going to be busy all the time, when we need it, if we need it." Further, Commissioner Krebs suggested, "I would like to see the school's open up to those HOA's (Homeowner's Associations)." Discussion. Commissioner Hovey inquired, "Do you know offhand, how many students currently reside in Longwood that attend your school, or would be within..." Mr. Breen stated, "...The school year just started and I don't know what the new numbers are. Last year I think we had — twenty (20) or twenty-five (25) students from families that were serviced from Winter Springs. There are six (6) employees currently at the school from the City of Winter Springs. From the City of Longwood, I can't remember." Tape 2/Side A Mayor Bush remarked, "I think Commissioner Krebs kind of highlighted this - I think in this Agreement we would have to have some assurance that when Parks and Recreation wanted to use it, they in fact could. It has to be in writing." Continuing, Mayor Bush added, "And then, are they going to charge us for using it? Are they going to furnish the lights and the air conditioning free of charge to us? I mean all those kind of things I don't think have been answered — and like I said, we are taking property off the Tax Rolls. I think we have got to, at least in my mind, justify it benefits the citizens of Winter Springs somehow and we have got to get our money's worth out of it." "I WOULD LIKE TO MOTION THAT WE TABLE THIS ITEM TO OUR NEXT REGULAR MEETING ON THE 13TH (SEPTEMBER 2010) AND GIVE STAFF THE FURTHER TIME TO WORK WITH THE APPLICANT ON THE EVOLUTION OF THE DEVELOPMENT AGREEMENT." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 601. Parks And Recreation Department REQUEST: Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs And The Oviedo -Winter Springs Chamber Of Commerce For The 3d Annual Winter Springs Festival Of The Arts. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2010 PAGE 20 OF 24 FISCAL IMPACT: City Expenses. City Shall Provide The Following Services And Facilities For The Special Event: (1) Promotion Of The Event Through The Insider, e-Alerts, City Hall Electronic Sign Messaging And City Website; (2) Hanging And Removal Of 26 (Twenty -Six) Festival Of The Arts Banners On Existing Pole Brackets; (3) Hanging And Removal Of 5' X 30' Banner On The Trail Bridge Upon Approval By Seminole County; (4) Use Of Electric And Potable Water As Available On Blumberg Blvd.; (5) Site Preparation Including Mowing Of The Special Event Site And The Addition Of Donated Mulch As Needed; (6) Spraying Of A Barrier Spray And Mosquito Spray; (7) Installation And Removal Of A Lime Rock Parking Lot Curb; (8) Road Closure And Re -Opening Of Blumberg Blvd With Cones And Signage; (9) Installation And Removal Of Two (2) City Owned Light Towers And Diesel Fuel For Same; (10) Trash Container And Liners; (11) Use Of Two (2) Parks Department Gator Vehicles For The Special Event; (12) County Fire And First Aid Services; (13) Request The Shutting Down Of Irrigation At Town Center Apartments On Special Event Dates; And (14) Additional City Police Overtime Services Not To Exceed $3,500.00 Most City Expenses Involve City Staff Time And Equipment During Regular Work Hours. Also, No Additional City Purchases For The Event. COMMUNICATION EFFORTS: Upon Approval The 3rd Annual Winter Springs Festival Of The Arts Would Be Promoted Through The Fall Edition Of The Insider (On Web), e-Alert, The City Website, Banner On Existing Pole Brackets, The 5' X 30' Banner On The Trail Bridge Upon Seminole County's Approval. Also Flyers - Posters Or Any Other Promotional Material Provided Would Be Displayed At City Hall, Senior Center And Parks And Recreation (Central Winds Park). RECOMMENDATION: The Parks And Recreation Department Is Recommending That The City Commission Determine If The Chamber Is To Cover The Police Operational Plan Costs, The City As A Partnership Contribution Will Cover This Cost Through Event Budgeted Funds For Police Overtime Services, Or Any Other Action The City Commission Deems Appropriate. The Parks And Recreation Department Is Also Recommending The City Commission To Authorize The City Manager To Execute The Permit Agreement Between The City Of Winter Springs And The Oviedo - Winter Springs Regional Chamber Of Commerce To Conduct The 3rd Annual Winter Springs Festival Of The Arts Subject To Any Minor Modification By The City Attorney. Mr. Pula introduced this Agenda Item. Deputy Mayor Brown suggested, "I really think that I would like to see both this Event and the Highland Games, which brings a tremendous amount of people into the City part of a our overall Events packages that we have been looking at, as far as covering public safety costs for the both of them." Commissioner Krebs noted she was in agreement and added, "It is just something we provide. We owe our citizens Police protection and it is the right thing to do." Commissioner McGinnis also said, "I agree. But, would that have any effect on say the Highland Games came back in a year and had more demands, they wanted more fencing or — would we be bound by something?" Manager Smith remarked, "Could I respectfully request the Commission consider the Highland Games at a future time when it comes back forward?" Deputy Mayor Brown stated, "I am fine with that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2010 PAGE 21 OF 24 "I MAKE THE MOTION THAT WE APPROVE THE OPPORTUNITY TO COVER THE PUBLIC SAFETY COST AS INCURRED FOR THIS EVENT AND INCLUDE IT IN OUR OVERALL EVENT FUNDING PACKAGE THAT WE DISCUSSED DURING BUDGET." MOTION BY DEPUTY MAYOR 1.3:Z81vilrK MAYOR BUSH ADDED, "AND TO EXECUTE THE PERMIT AGREEMENT." DEPUTY MAYOR BROWN STATED "ABSOLUTELY..." MAYOR BUSH CONTINUED, "...AS A RECOMMENDATION." DEPUTY MAYOR BROWN NOTED, "AS THE RECOMMENDATION." SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR 602. Office Of The City Clerk REQUEST: Requests The City Commission Consider For Approval A Revised Application For Advisory Board And Committee Members. FISCAL IMPACT: No Funding Requirements Are Tied To The Approval Of This Agenda Item. COMMUNICATION EFFORTS: Staff And The City Clerk Have Corresponded With The Office Of The City Attorney, And The City Manager On This Agenda Item. Copies And/Or Access To This Agenda Item Have Been Provided To The Mayor And City Commission, City Manager, City Attorney, City Clerk, Department Directors; Placed In Press Packets; Placed In The Lobby City Commission Meeting Binder; And Will Be Available On The City's Website, Laserfiche, And The City's Server. RECOMMENDATION: The City Clerk Requests That The City Commission Approve The Attached Revised Advisory Board And Committee Application As Submitted. City Clerk Lorenzo-Luaces addressed the City Commission regarding this Agenda Item. Brief discussion followed on registered Voters. Commissioner McGinnis noted, "I like the Application by the way. I think it is good." "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2010 PAGE 22 OF 24 VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. ❖ ❖ AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS DISCUSSED AGAIN, AS PREVIOUSLY NOTED ON PAGES 3-4 OF THESE MINUTES. ❖ ❖ CONSENT AGENDA CONSENT 200. Office Of The City Attorney REQUEST: Presents A City Of Winter Springs Volunteer Policy For Consideration By The City Commission. FISCAL IMPACT: There May Be A Nominal Increase In Administrative Costs Involved In Processing Volunteer Applications. Additionally, The City Manager Is Authorized, But Not Required, To Utilize City Funds To Assist A Volunteer In Obtaining Required Certification Or Licensing As Needed By The City. The City Manager May Require The Volunteer To Agree To Repay The Funds To The City If The Volunteer Does Not Provide Services For A Specified Time Period. COMMUNICATION EFFORTS: Copies And/Or Access To This Agenda Item Have Been Provided To The Mayor And City Commission, City Manager, Department Directors; Placed In The Press Packets; Placed In The Lobby Binder; And Is Available On The City's Website, LaserFiche, And The City's Sever. RECOMMENDATION: The City Attorney Recommends That The City Commission Consider Approval Of The Proposed City Of Winter Springs Volunteer Policy. "MOTION TO REMOVE FROM THE TABLE." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. Discussion followed on the City being able to terminate a Volunteer, and to provide training. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 23, 2010 PAGE 23 OF 24 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. In other City business, Commissioner Krebs commented on possible improvements to the two (2) break rooms at City Hall, especially in light of no raises. Commissioner Krebs suggested "Making it a nicer, more comfortable, a more relaxing place to take a break or to eat lunch." With further comments, Commissioner Krebs added, "My request also would include the possibility of we Commissioners, a way of saying thank you to our employees - would be to donate, maybe a TV or something like that for one (1) or maybe both of the rooms — but, have one (1) room equally the same as the other - I am not saying it is going to cost anything, and Kevin (Smith) was going to check on some things. But I know that it is also Budget time and if there was any small cost, that maybe we could consider something along those lines before we get into end of Budget." Mayor Bush suggested, "I would recommend that we let Kevin (Smith) deal with Staff on this and let them come in with some suggestions." Commissioner Krebs responded, "I would like that." Manager Smith commented, "I'd be happy to. That's the plan." Commissioner Bonner nodded in agreement. Commission McGinnis said, `That's good." Mayor Bush commented, "I think that is a good suggestion Commissioner." Mayor Bush then mentioned that at last week's Florida League of Cities Annual Conference, he found out that the City of Jacksonville had passed a Resolution related to Amendment 4 and that he had asked Attorney Garganese to look into this. Attorney Garganese addressed a proposed Resolution and noted, "There is an informal email Opinion from one of the Division of Election Attorneys that was sent to one of the Commissioners in Jacksonville - that Attorney's Opinion was that, just the Adoption of the Resolution does not Violate the new Election Law on public expenditures. What the Commission does after it is Adopted with that Resolution could Violate that Law." Continuing, Attorney Garganese explained, "The Adoption of the Resolution in and of itself is okay if the Commission wants to go on Record, if you wanted to do that. My advice would be you would treat it in the normal course of business. That Resolution would be put in the official Resolution book; would be LaserFiched and put on to the LaserFiche system; and I would recommend that you not expend any dollars whatsoever disseminating that Resolution, public dollars." Commissioner Krebs asked, "So you are saying we can't put it on the Internet?" Attorney Garganese noted, "You can put it on LaserFiche. I wouldn't do anything special with the Resolution. Now the Commission..." Commissioner Krebs said to Attorney Garganese, "...No eAlert?" Attorney Garganese said, "Well, I have to look at that type of issue. But the Law is so broadly written." Deputy Mayor Brown inquired, "What if a local business wanted to donate the Funds necessary to put it up on our Web?" Attorney Garganese responded, "I'd have to look at that issue Commissioner. I mean you can't expend any public Funds and there is another provision in there that I would have to take a look at on indirect." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — AUGUST 23, 2010 PAGE 24 OF 24 Attorney Garganese then stated, "If the newspaper wanted to print it on their own; that would be fine. If the Commissioners wanted to verbally talk to constituents regarding the Adoption of that Resolution..." Deputy Mayor Brown added, "....Homeowners Associations Magazines." Attorney Garganese continued, "Yes, you certainly can talk about it. There is nothing under the Law that prohibits you from expressing that verbally." Mayor Bush then asked the Commissioners, "The question is, `Do we want to have a Resolution'?" Commissioner McGinnis said, "Why not?" Commissioner Krebs remarked, "Yes." No objections were noted. Attorney Garganese clarified, "A Resolution opposing Amendment 4?" Mayor Bush said, "Opposing." Deputy Mayor Brown remarked, "In opposition to." Attorney Garganese then mentioned, "I can go ahead and put something together for you to consider at your next Meeting." Mayor Bush said, "Okay." Commissioner McGinnis added, "Good, thank you." No objections were voiced. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 7:08 p.m. RESPECTFULLY SUBMITTED: ZO-LUACES, MMC CITY APPROVED: M OR JOHN F. I USIH " NOTE: These Minutes were approved at the September 13, 2010 City Commission Regular Meeting.