HomeMy WebLinkAbout2011 02 14 Consent 213 Approval Of the City Commission Regular Meeting Minutes January 24, 2011CITY OF WINTER SPRINGS, FLORIDA
CITY COMMISSION
MINUTES
REGULAR MEETING
MONDAY, JANUARY 24, 2011 - 5:15 P.M.
CITY HALL — COMMISSION CHAMBERS
1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA
Mayor Charles Lacey
Deputy Mayor Jean Hovey - Seat One
Commissioner Rick Brown - Seat Two
Commissioner Gary Bonner - Seat Three
Commissioner Cade Resnick - Seat Four
Commissioner Joanne M. Krebs - Seat Five
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 2 OF 27
CALL TO ORDER
The Regular Meeting of Monday, January 24, 2011 of the City Commission was called to Order by Mayor
Charles Lacey 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 Charles Lacey, present
Deputy Mayor Jean Hovey present
Commissioner Rick Brown, present
Commissioner Gary Bonner, present
Commissioner Cade Resnick, present
Commissioner Joanne M. Krebs, present
City Manager Kevin L. Smith, present
City Attorney Anthony A. Garganese, present
A moment of silence was held.
The Pledge of Allegiance was led by Max McDonald of Den 8, Cub Scouts Pack 787.
❖ ❖ AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEMS WERE
DISCUSSED NEXT, BUT NOT NECESSARILY IN THE ORDER DISCUSSED. ❖ ❖
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: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In
This Agenda Item.
This Agenda Item was not discussed.
INFORMATIONAL
101. City Manager And Finance And Administrative Services Department
REQUEST: Pleased To Announce That The City Of Winter Springs Has Received The Distinguished
Budget Presentation Award And The Certificate Of Achievement For Excellence In Financial Reporting.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 3 OF 27
FISCAL IMPACT: he Award Program Application Fees For The Distinguished Budget Award And The
Certificate Of Excellence In Financial Reporting Are About $350.00 And $450.00, Respectively. These Fees
Are Routinely Budgeted In Finance And Administrative Services (1300 Division).
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: Staff Requests The City Commission Review And Accept The Information
Provided In This Agenda Item.
No discussion.
INFORMATIONAL
102. Police Department
REQUEST: Wishes To Advise The City Commission Of A Comparison Of Yearly Uniform Crime Report
Statistics For 2009 — 2010.
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. 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: The City Commission Is Being Asked To Review And Accept The Information In
This Agenda Item.
Chief of Police Kevin Brunelle, Police Department addressed the City Commission on this Report.
Commissioner Rick Brown stated, "Congratulations." Commissioner Gary Bonner remarked, "Congratulations,
and the entire Force, well done!"
INFORMATIONAL
103. Utility Department
REQUEST: Informing The City Commission On The Potable Water Usage For 2010.
FISCAL IMPACT: There Was A Correlating Drop In Water Revenues Which Will Be Covered In More
Detail When The FY (Fiscal Year) 2010 Financials Are Presented.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 4 OF 27
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
Staff Is Also Investigating Providing Annual Individual Usage Information On The Water Bills To Assist
Residents In Monitoring Their Water Usage.
RECOMMENDATION: Staff Recommends The City Commission Accept This Information.
There was no discussion on this Agenda Item.
"MOTION TO APPROVE INFORMATIONAL (AGENDA)." MOTION BY COMMISSIONER KREBS.
SECONDED BY COMMISSIONER BROWN. DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER BONNER: AYE
DEPUTY MAYOR HOVEY: AYE
COMMISSIONER RESNICK: AYE
COMMISSIONER BROWN: AYE
MOTION CARRIED.
CONSENT AGENDA
CONSENT
200. Office Of The City Clerk
REQUEST: Requesting The City Commission Approve The January 10, 2011 City Commission Regular
Meeting Minutes.
FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The January 10,
2011 City Commission Regular Meeting Minutes.
There was no discussion on this Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 5 OF 27
CONSENT
201. Office Of The City Manager And Community Development Department
REQUEST: Requests The Commission Review The Recently Appointed Member Of The Joint Economic
Development Task Force From Seminole County And Ratify This Appointment.
FISCAL IMPACT: There Is No Direct Fiscal Impact To The City In Approving The Last Appointee To
The Joint Task Force.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: Staff Recommends That The City Commission:
1. Ratify The Seminole County Board Of County Commissioner's Appointment Of Nicole Guillet To The
Joint Economic Development Task Force.
No discussion.
CONSENT
202. Utility Department
REQUEST: Requesting Approval To Piggyback Off The Florida Sheriffs Association Bid Award 10 -18-
0907, Spec #84, For The Purchase One (1) 20KW Generator.
FISCAL IMPACT: $30,000.00 Was Budgeted And Is Available Under Utility Line Code #3600 - 64000.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: It Is Recommended That Approval Be Granted To Piggyback Off Florida
Sheriffs Association Bid #10 -18 -0907 Specification #84 For The Purchase Of One (1) 20KW Generator
From Tradewinds Power Corp. For A Total Cost Of $29,507.00 Payable From Utility Line Code 3600-
64000.
This Agenda Item was not discussed.
CONSENT
203. Utility Department
REQUEST: Requesting The City Commission Approve An Interlocal Agreement With The City Of
Casselberry For The Emergency Potable Water Interconnect.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 6 OF 27
FISCAL IMPACT: No Fiscal Impact Is Anticipated.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: Staff Recommends That The City Commission Authorize The Mayor To Execute
The Interlocal Agreement For An Emergency Potable Water Interconnect System Between City Of
Casselberry And City Of Winter Springs Subject To City Attorney Approval.
There was no discussion on this Agenda Item
CONSENT
204. Community Development Department — Urban Beautification Services Division And Parks
And Recreation Department
REQUEST: Requesting Approval For The City Manager To Enter Into A Contract Agreement With
Power Exterminators Inc., Totaling $70,620.00 For Chemical Services Pursuant To Public Bid ITB
003 /11 /SR For Central Winds Park.
FISCAL IMPACT: Funding For The Central Winds Park Chemical Program (ITB# 003 /11 /SR) Shall
Come From Parks And Grounds Line Code (7230 - 53186) In The Amount Of $70,620.00 As Follows:
■ FY (Fiscal Year) [20]'11 - $47,080.00 (Feb [February] 1, 2011 Thru Sept [September] 30, 2011)
Transferred From Salaries Line Code To Parks And
Grounds Line Code (7230 - 53186)
Available Funding From Four (4) Unfilled Budgeted Positions:
(Including Benefits For FT [Full Time]Positions)
o Crew Chief $35,519.00
o Maintenance Worker $29,222.00
0 2 — P.T. Maintenance Worker $26,770.00
Total $91,511.00
FY (Fiscal Year) [20]'11 Savings $44,431.00
COMMUNICATION EFFORTS: ITB# 003 /11 /SR Central Winds Park Chemical Program Was Broadcast
To More Than 200 Bidders Throughout Central Florida Through Advertisements In The Orlando
Sentinel, Demand Star And The City's Website Bid System. This Agenda Item Has Also Been Forwarded
To The Mayor And City Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed
In The City Hall (Lobby) City Commission Meeting Binder; And Is Available On The City's Website,
LaserFiche, And The City's Server.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 7 OF 27
Further, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who
Have Requested Agendas /Agenda Item Information, All Homeowner's Associations On File With The City,
All Individuals Who Have Requested Agendas /Agenda Item Information, Department Directors; And Also
Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General
Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: Staff Recommends The City Commission Review And Approve A Contract With
Power Exterminators, Inc., For The Central Winds Park Chemical Program (ITB 003 /11 /SR), At A Cost
Of $70,620.00. If Approval Is Granted Staff Recommends The City Commission Authorize The City
Manager And The City Attorney To Prepare And Execute Any And All Applicable Documents Required
For This Project.
No discussion.
CONSENT
205. Community Development Department
REQUEST: Requesting That The City Commission Approve Resolution 2011 -01, Amending The City Of
Winter Springs Memorial Tree Planting Program; Providing For Repeal Of Prior Inconsistent Resolutions,
Severability, And An Effective Date.
FISCAL IMPACT: Approval Of Resolution 2011 -01 Will Require No Additional Cost To The City.
COMMUNICATION EFFORTS: This Agenda Item Has Also Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server.
Further, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who
Have Requested Agendas /Agenda Item Information, All Homeowner's Associations On File With The City,
All Individuals Who Have Requested Agendas /Agenda Item Information, Department Directors; And Also
Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General
Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: City Staff Recommends The City Commission Approve Resolution 2011 -01,
Amending The City Of Winter Springs Memorial Tree Planting Program; Providing For Repeal Of Prior
Inconsistent Resolutions, Severability, And An Effective Date.
This Agenda Item was not discussed.
"MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER BROWN.
SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION.
VOTE:
COMMISSIONER RESNICK: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER BONNER: AYE
DEPUTY MAYOR HOVEY: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 8 OF 27
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
300. Office Of The City Manager And Office Of The Police Chief
Presenting To The Mayor And City Commission The Following Awards And Commendations From The
Winter Springs Police Department: "Distinguished Service" Awards; "Officer of the Month" (November
2010) And "Field Training Officer Of The Year 2009" Awards; "Meritorious Action" Awards; And "Unit
Citation" Awards.
With the Mayor and City Commission, and City Manager Kevin L. Smith, Chief Brunelle introduced the
following Awards:
Mr. Stephen Colosi, Mr. Robert Henderson, and Mr. Jim Pitts were presented with the Winter Springs Police
Department's "Distinguished Service" Award.
Corporal Nick Romano, Police Department, was presented with the Winter Springs Police Department's "Officer
of the Month" Award for (November 20 10) and the "Field Training Officer of the Year 2009" Award.
Officer Garfield Armogan, Lieutenant Robin Bernosky, Corporal Kevin Chaulk, Corporal Kevin Crager, Corporal
John Maxwell, Officer Scott Murray, and Officer Charles Quick were presented with a Winter Springs Police
Department's "Unit Citation" Award.
Investigator Dale Thrush was presented with the Winter Springs Police Department's "Meritorious Action"
Award.
Lieutenant Doug Seely, Corporal Kevin Chaulk, Corporal Brad Heath, and Corporal Matt Scovel were presented
with a Winter Springs Police Department's "Unit Citation" Award.
Corporal Rob Cable and Corporal Thomas Padgett were presented with a Winter Springs Police Department's
"Unit Citation" Award.
Investigator Tracy Fugate, Investigator Valarie Mendelson, and Investigator Dave Raney were presented with a
Winter Springs Police Department's "Unit Citation" Award.
REPORTS
REPORTS
400. Office Of The City Attorney — Anthony A. Garganese, Esquire
City Attorney Anthony A. Garganese stated, "Last year, the Commission directed that we try to proceed with the
Annexation of Enclaves — by agreement with Seminole County, the Manager and I had met with the County
Manager and County Attorney regarding that last year." Attorney Garganese continued, "I just wanted to let the
Commission know I did meet with Commissioner (John) Horan today to brief him regarding the City of Winter
Springs' interest in Annexing the Enclaves and shared with him the talking points that we shared with the County
Attorney and County Manager last year, so hopefully, we will hear back from Commissioner Horan regarding our
efforts to enter into an Interlocal Agreement with Seminole County to Annex the Enclaves."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 9 OF 27
REPORTS
401. Office Of The City Manager — Kevin L. Smith
Manager Smith stated, "Just to publicly acknowledge and congratulate Chris Caldwell (Interim Director, Parks
and Recreation Department) and his Staff and the entire City of Winter Springs' team for what I thought was the
best Highland Games event we've had in a long time."
Mayor Lacey added, "It was a wonderful event."
REPORTS
402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC
City Clerk Andrea Lorenzo - Luaces reminded the City Commission about the upcoming Farewell Event for
former Mayor John F. Bush and former Commissioner Sally McGinnis scheduled for Friday, February 4, 2010.
REPORTS
403. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs
Commissioner Joanne M. Krebs stated, "I want to thank Andrea (Lorenzo - Luaces) for the terrific job that she has
been doing, her and her staff, regarding this Farewell Dinner. Continuing, Commissioner Krebs added, "I
personally feel like I don't want to cost the City any money, so I am going to go ahead - and pay for my full share
— and my husband's and an extra person."
Next, Commissioner Krebs mentioned she had met with residents from St. Johns Landing last week, and noted
there was some work going on at the Villagio outparcel.
Commissioner Krebs then commented about a Winter Springs business that has outgrown their space and that
LDI (Land Design Innovations, Inc.) had gotten involved and explained, "They sent someone to see them and
then he got an email and it was from a local person who owns businesses, and he was offering him space over on
Forsyth in Orange County. I thought that was really nice that we could pay for somebody to help us and watch
our businesses be escorted away." Commissioner Krebs then said, "I just feel like if we are going to spend that
much money, we need somebody who is going to spend a lot more time, really focusing on our needs here, and
our businesses that pay taxes."
Further discussion
REPORTS
404. Office Of The Mayor — The Honorable Charles Lacey
Mayor Lacey mentioned the planned Workshop with the Oviedo - Winter Springs Regional Chamber of
Commerce, scheduled for Monday, January 31, 2011.
Secondly, Mayor Lacey asked City Clerk Lorenzo - Luaces if she had heard from John Bush regarding scheduling
meetings for the Joint Economic Development Task Force. City Clerk Lorenzo - Luaces indicated she had not.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 10 OF 27
Thirdly, Mayor Lacey stated, "Esther (Vargas- Davis) at the UCF (University of Central Florida) Incubator has
requested that we schedule a meeting over at the UCF (University of Central Florida) Incubator with the
Commission to get roughly on the order of a two (2) hour review of their programs, their clients etc., so she is
going to be working through the Clerk's Office to try to schedule a meeting. Is that agreeable to the
Commission ?" Commissioner Brown stated, "Absolutely." No objections were voiced.
REPORTS
405. Office Of Commissioner Seat One /Deputy Mayor — The Honorable Jean Hovey
Deputy Mayor Jean Hovey noted that she attended last Thursday's Tri- County League of Cities Meeting when
Commissioner Krebs was installed as 1S Vice President and congratulated Commissioner Krebs.
Commissioner Krebs suggested to Mayor Lacey, "Maybe you could help us with changing that [Meeting] date ?"
Mayor Lacey commented, "I have told the Chamber (Oviedo - Winter Springs Regional Chamber of Commerce)
that is at least one item on the Agenda, for next Monday — let's talk about that."
REPORTS
406. Office Of Commissioner Seat Two— The Honorable Rick Brown
Commissioner Brown said that tonight, he had given Manager Smith financial information that he had been
provided by the Oviedo - Winter Springs Regional Chamber of Commerce, "So I am sure he will be looking at
that, seeing whether it is actually current and relevant and if so, sharing it with us at that meeting."
Next, Commissioner Brown noted that he had been trying to set up some meetings between Ms. Missy Casscells
and Congresswoman Sandy Adams.
Lastly, Commissioner Brown mentioned that Hollywood Bistro had just closed and that a couple of new
businesses are set to open in the Winter Springs Town Center; and that he was looking forward to the City
working on Codes and other items related to the Town Center. Commissioner Brown also remarked that he had
requested that Mr. Scott Gregory meet with Manager Smith and himself on businesses coming into the Winter
Springs Town Center, and keeping such businesses.
Commissioner Bonner asked Manager Smith, "Is that in the context or spirit of maybe some Visioning get
together, to sort of talk about the Town Center vision, where we are and where we might be going or a
revisioning, and so on ?"
Manager Smith responded, "If you the Commission may recall, Anthony (Garganese) and I had brought this to
your attention before the holidays — to get permission to come forward with just such an exercise to take a fresh
look at where we are ten (10) years later, see what's working, what isn't working; and brainstorm what we may be
able to do to Commissioner Brown's point earlier." As to a timeline for this, Manager Smith suggested, "First
quarter."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 11 OF 27
REPORTS
407. Office Of Commissioner Seat Three — The Honorable Gary Bonner
Commission Bonner noted that he recently attended a U.S. Highway 17/92 Redevelopment Planning Agency
meeting and mentioned that "The Interlocal Agreement issue was discussed and we got commitment from County
staff at that meeting, that all future Interlocal Agreement opportunities will be afforded like time for
municipalities to have plenty of opportunity to comment and provide feedback into the Interlocal Agreement prior
to it going before anybody for Approval." Commissioner Bonner added, "The Attorney in particular of each
municipality will be copied directly."
Secondly, Commission Bonner complimented Mayor Lacey on the presentation he gave at the Oviedo - Winter
Springs Regional Chamber of Commerce luncheon last Thursday, January 20, 2011 and noted, "The State of the
Cities - I certainly was very, very pleased with the way that you represented our City in the meeting and the way
that you really took the time to share a very comprehensive and complete vision for our City with the assembled
Chamber (Oviedo - Winter Springs Regional Chamber of Commerce) members. You did an outstanding job
Mayor and you really brought home all of the opportunity that we have here in Winter Springs, if we keep our
focus on the mission and keep working on the vision and on the tactics that will drive the success. Well done!"
Lastly, Commissioner Bonner explained that he had met this past Saturday with some St. Johns Landing residents
and had then spoken with Attorney Garganese related to the parties being able to discuss the issues at hand; and
suggested that "The Manager take action to try to foster some form of a meeting opportunity between the parties
where they can formally have a chance to discuss the issues; where the citizens can have an opportunity to hear
directly from the Developer about their plans; where the citizens can have an opportunity to ask their questions
directly of the Developer; and maybe this should take place in some forum that the City is facilitating, so that all
parties can have a chance to be heard."
With further comments, Manager Smith said, "To Commissioner Bonner's point, we have reached out to the folks
at Meritage (Homes of Florida, Inc.) and have begun trying to establish a date." Manager Smith added, "We do
not have a firm date as of yet, but we will advise the Commission at that time."
Attorney Garganese explained, "The best advice is that the Commission wait for the matter to come to you in the
formal Hearing process." Mayor Lacey recommended, "I would like us to at least volunteer our facilities, if that
would help. Do you have any objection to that Anthony (Garganese) ?" Attorney Garganese responded, "No
objection at all."
REPORTS
408. Office Of Commissioner Seat Four— The Honorable Cade Resnick
Commissioner Cade Resnick said he had attended the Oviedo - Winter Springs Regional Chamber of Commerce
Board Meeting and noted that the Oviedo Marketplace has a new owner and they are interested in hosting
regional events. Commissioner Resnick then added, "There might be opportunities for us to speak with them and
see if we can find some form of partnerships." Commissioner Resnick also mentioned that the Oviedo - Winter
Springs Regional Chamber of Commerce was having a Business Development morning breakfast on February 22,
2011 at 7:30 a.m. and that he would find out where it is being held. Commissioner Resnick then suggested that
someone from the City attend, as he was unable to.
Continuing, Commissioner Resnick mentioned that representatives of the Oviedo - Winter Springs Regional
Chamber of Commerce had met with Mr. Caldwell about a future event with the City. Mr. Caldwell stated to
Commissioner Resnick, "I will get with you on that." Manager Smith added, "We will follow up Commissioner."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JANUARY 24, 2011 PAGE 12 OF 27
Commissioner Resnick said to Attorney Garganese, "Longwood is looking at a "facebook" page and they said
that it is legal and they are actually working on it." Commissioner Resnick then noted that the League is also
dong the same.
Lastly, Commissioner Resnick commented that he had a recent discussion with Mr. Caldwell about a possible
Community Center with Grants.
Mayor Lacey added that he recently met with Oviedo's Mayor and some Mall Managers on some possible joint
events.
Additionally, Commissioner Brown mentioned a local Police Car Show held this weekend at the Oviedo
Marketplace.
Tape 1 /Side B
PUBLIC INPUT
Brief comments followed on the planned postponement of Public Hearings "501" by Mayor Lacey
Ms. Kim Coburn, 1778 Seneca Boulevard, Winter Springs, Florida: representing the Krewe of Leaders, Ms.
Coburn spoke of the upcoming Mardi Gras events planned for early March 2011.
Mr. Roy Pugsley, 306 Windcliffe Court, Oviedo, Florida: as the owner of the Pinch A Penny store, Mr. Pugsley
asked if he could bring his request to the City Commission at the next City Commission Meeting.
With further comments, Mr. Pugsley stated, "The request was that we didn't go to Planning and Zoning
(Board/Local Planning Agency)."
Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department addressed the City
Commission and explained, "Actual sets of plans have been provided for this, a set of plans and some aesthetics —
we were trying to work with the Applicant to take the process through Staff review because it is a new proposal.
It's the same piece of property, it's a new architectural proposal, new Site Plan. The Application is incomplete at
this point in time, so we have not scheduled it for P and Z (Planning and Zoning Board)."
Discussion
Mayor Lacey recommended, "I think given that he has been in the process and we changed the rules in the middle
of the game, I think it would be imminently fair to grandfather him in to the rules that allow Planning and Zoning
(Board) to be bypassed and bring it straight to the City Commission."
Further discussion.
Attorney Garganese said, "With respect to Planning and Zoning Board review, my advice of course is that you let
the Applicants follow the process. If there's a need for a Special P and Z (Planning and Zoning Board) Meeting,
to try to expedite a completed Application, that certainly would be more advisable than just exempting them from
the P and Z (Planning and Zoning Board) process at this stage. As you know, the Commission Adopted that
Ordinance directing that all Town Center development projects be brought to the Planning and Zoning Board, and
we've had other Applicants say that they didn't have to go through the process because they were in the pipeline
and we told them, `No, you're going to the Planning and Zoning Board, per the Commission's direction.' So, my
advice to you is not to make any exceptions in this case if need be; and if they have to have a completed
Application, have a Special P and Z (Planning and Zoning Board) meeting, but don't exempt them."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 13 OF 27
Discussion followed on a possible timeline.
Commissioner Brown spoke for the Record how long we have been working with Mr. Pugsley and said we need
to do something.
"I WILL MAKE THE MOTION THAT WE CONVENE A SPECIAL MEETING OF THE P AND Z
(PLANNING AND ZONING BOARD) AS - EXPEDITIOUSLY AS POSSIBLE; LET US GET MR.
PUGSLEY IN THERE AND BACK OUT AND TO US BY OUR FIRST MEETING IN FEBRUARY IF
POSSIBLE; AND THAT WE WAIVE THE FIVE HUNDRED DOLLAR ($500.00) PLAN FEE."
MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR HOVEY.
DISCUSSION.
VOTE:
DEPUTY MAYOR HOVEY: AYE
COMMISSIONER RESNICK: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER BONNER: AYE
COMMISSIONER KREBS: NAY
MOTION CARRIED.
Commissioner Krebs mentioned her "NAY" Vote was because she did not agree with waiving the Fee.
Mr. Paul Partyka, 292 Solaris Wharf Street, Winter Springs, Florida: spoke on the Winter Springs Town Center
and efforts to better market it and promote it; suggested the City use some funds to better market the Town
Center; and stated, "The `1135' building, I've talked to the owners and we are actually going to change the name
of that building and actually promote it and one of the names I've come up with is Innovation Center at Winter
Springs."
Mr. Richard Zarda, 204 Torcaso Court, Winter Springs, Florida: asked if a Workshop would be held on the St
Johns Landing issue.
Manager Smith stated, "We are going to do that."
Discussion.
Manager Smith added, "Based on the Attorney's advice earlier, that the Commission and the Mayor will not be
able to participate in that Workshop, formally." Mayor Lacey pointed out, "We will facilitate it, make all the
arrangements."
Mr. Mike Cannell, 221 Torcaso Court, Winter Springs, Florida: thanked the City Commissioners for meeting
with St. Johns Landing residents and for holding a Workshop.
Mr. Clint Szubinski, Vice President, Meritage Homes of Florida, Inc., 5337 Millenia Lakes Boulevard, Suite 160,
Orlando, Florida: stated, "Here tonight just to really present Meritage's point of view in that we've always tried
to be a good neighbor through the project, I think from the very beginning; project was Approved and entitled for
408 units. We've taken that plan and drastically reduced the density. I think our track record the way we've
shown hopefully over the last nine (9) to ten (10) months is that we're available, we're open. We've participated
in a number of meetings whether with the City or with the neighboring associations.
Part of the confusion is sometimes it's not clear who represents who or who is leading the cause for the residents.
If we can get some clarity there and I believe today on the phone we achieved that with the group that would like
to sit down and talk to us. If we can do that by all means, we're willing to sit down and to work.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 14 OF 27
The project has been delayed two (2) times for really that reason - to sit down and to address very specific issues
and to see if we can find a common ground to a project that works for everyone. So, just wanted to go on Record
tonight to let you guys know that we are working towards that common ground."
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department
REQUEST: Requests The City Commission Review The Information Presented In This Agenda Item And
Consider Four (4) Requests For The Proposed Choices In Learning Charter School: (1) The Special
Exception Requests, (2) Aesthetic Review, (3) The Final Engineering /Site Plan, And (4) Modifications To
The Development Agreement (DA) To Incorporate The Requested Code Deviations If They Are Approved
As Part Of The Special Exception Requests.
FISCAL IMPACT: The Applicant States That The School Had A 2009 -2010 Operating Budget Of $3.6
Million, Payroll (And Associated Taxes) For 45 Employees Of $2.0 Million, In -House Revenue For
Procured Services Of $1.6 Million, Finished Its 2009 -2010 Year At Least $450,000.00 In The Black,
$1,350,000.00 In The Bank (On 04/30/10), And No Debt. The DA Requires The School To Pay $5,000.00
Per Year To The City (Annual Increases To Meet CPI Or 3 Percent, Whichever Is Less) In Lieu Of
Property Taxes.
The School Projects An Operating Budget Of $5.1 Million, A Payroll For 60 Employees (15 New Jobs) Of
$2.46 Million, And Debt Payment On The New Facility Of $700,000.00.
Planning Literature States, As A General Rule, That A Small, High Quality Elementary School Boosts
Residential Property Values At The Neighborhood And Often Community Level. In Addition, A Number
Of Joint Uses Have Been Identified In The DA And Are Considered Benefits To The City At Large. These
Benefits Were A Large Part Of The City Commission's Discussions As It Considered The Civic Site
Designation.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
1. A Substantial And Conspicuous Sign Has Been Erected At The Site To Notice The Public
Hearing And Property Owners Within 150 Feet Of The Site Have Been Notified By Mail In
Addition To The Postings By The City Clerk's Office.
2. All Previous Meetings Relating To The Charter School Have Been Advertised In
Accordance With City Policy Including The Concept Plan Approval, Approval Of The
Large Footprint Building, And The Development Agreement Approval.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JANUARY 24, 2011 PAGE 15 OF 27
RECOMMENDATION: Staff And The Planning And Zoning Board ( /Local Planning Agency)
Recommend That The City Commission Review The Following Items, Take A Separate Vote On Each
Item, And Approve The Items As Outlined Below.
1. Special Exceptions, Except For Any Chain Link, Beyond The Black Vinyl- Coated Chain
Link Approved In The DA (Development Agreement) For Around The Play Area
2. Aesthetic Review
3. Site Plan
In Addition, Part Of The Planning And Zoning Board's ( /Local Planning Agency) Discussions When
Making Their Recommendation Was That The City Look Into Adding Street Lighting In The City Rights -
Of -Way Along The Portion Of Hicks Avenue Eastward Of The School, Central Winds Boulevard, And
Central Winds Drive To The Intersection With SR (State Road) 434. This Item Was Discussed As A
Compliment To Developing The Parcel Of Land And Was Not A Part Of P &Z's (Planning And Zoning
Board /Local Planning Agency's) Official Recommendation. Staff Will Have An Estimated Cost For These
Improvements At The January 24, 2011 City Commission Meeting.
Mr. Stevenson introduced this Agenda Item.
Discussion.
Mr. Brian Fields, P.E., City Engineer, Public Works Department addressed the City Commission.
Commissioner Krebs asked Mr. Fields, "What happens if the school system, for whatever reason, decides to
change the times and now it is in that area where they do conflict ?" Mr. Fields stated, I believe in our DA
(Development Agreement), we set it up that it could be mutually agreed to, to adjust those times and I can't speak
for the Charter School, but I think they do not want to see a conflict with Winter Springs High School. They
agreed to and the opposite of times works for them... " Commissioner Krebs then said, "...But do we have
something in the Developer's Agreement that would take care of that or are you just saying they can mutually
agree ?"
With further comments, Attorney Garganese said, "There is flexibility to change that time. It doesn't state though
the conditions on which those time periods would be changed, but it does contemplate future adjustment if need
be."
With further comments, Attorney Garganese noted, "If the Commission Approves this, there will have to be an
Amendment to the Development Agreement. Maybe we can add some language that's mutually agreeable that
under these certain circumstances, the parties will agree to sit down and adjust the time in order to make sure that
the traffic...." Commissioner Krebs added, "...So you always have that flexibility." Commissioner Krebs
suggested, "Could we make that more finite."
Discussion followed on car line queuing, water and sewer connections, and safety concerns.
Tape 2 /Side A
Related to signage, Chief Brunelle remarked, "The signage actually works pretty good but then there has to be
some sort of follow up from the Agency on that. If it became a problem or a safety issue, one (1) vehicle — we
have the option of towing the vehicle. We've never gotten to that level but the option does exist."
Commissioner Bonner noted, "I am encouraged Brian (Fields), to hear that there will be signs there so that the
citizens can be aware of the use of this flex space."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 16 OF 27
Discussion followed on fencing, to which Mr. Stevenson noted, "The Applicant has requested in one (1) of the
deviations that's before you this evening, is to use chain link fence in this area. There was a concern that this
retention pond although it has appropriate side slopes to it, is fairly close to the flex space and where these cars
will be moving forward, there was concern about children getting in there and they did propose a fence and they
did propose chain link fence; and as I covered with you earlier, this is a deviation that Staff is not in favor of at
this point and time, because we think it is inappropriate to use chain link fence in the Town Center in this
manner.
Further comments.
Mr. Matt Breen, President, Breen Construction Services, 205 West State Road 434, Suite D, Winter Springs,
Florida: explained, "We work for the Applicant, Choices In Learning, and the fence that is in the areas that will
be visible — it's similar to what you have behind the City Hall here, without the masonry peers. So, it's a nice
looking fence."
With further discussion, Mr. Breen then said, "The pond as Brian (Fields) said is constructed in Compliance with
all Codes. The fence is not a requirement of the Florida Building Code; it's not a requirement of the State of
Florida Regulations for Educational Facilities; it's not a requirement for any local Zoning Codes within the City
of Winter Springs.
The thought process came up after — as Brian (Fields) helped us solve the queuing issue and we agreed to install a
sidewalk along the `flex -lane' that, you know what, maybe we should revisit that particular situation. So, we
proposed a fence that is similar to what is installed right across the street at the Dog Park and what is right across
the street at the City of Winter Springs' Central Winds Park.
So, it is with the idea that the decorative fence is the area that is going to be visible; the chain link fence would be
hedged along Hicks (Avenue) here, so in other words as you're pulling into the school, you obviously see this
very well. You also see it from (State Road) 434 very well. That's why it's the decorative style fence. This is
more for functionality in our opinion - the pond is already constructed in a way that is compliant with all State
Regulations and Requirements. If for whatever reasons a child — climbed it, wandered, got disorientated,
whatever the case might be, they thought it might be a good idea to ask for permission to install a chain link fence
in that particular area that would be hedged and eventually disappear from the public's view."
Further comments
Commission Bonner asked, "Relative to the hedge, which is good to hear, is it irrigated? Mr. Stevenson replied,
"Yes, we irrigate everything."
Discussion ensued.
Commissioner Bonner inquired, "Will this school call for the investment of a Resource Officer ?"
Chief Brunelle responded, "We have left that up to the school to decide. Typically we leave that up to the
Principal to decide whether they want a school Resource Officer. We do offer sources or resources to the
Elementary Schools for different types of training classes that we put on — and if they ask us for that, we will
provide that."
Commissioner Bonner then commented on the funding for such; to which Chief Brunelle explained, "It is a
fifty /fifty (50150) split — the School Board pays half and we pay half." Commissioner Bonner asked, "And is our
half covered by Grant, or is there some out of pocket by our City in addition to Grant Funding ?" Chief Brunelle
stated, "Our half is paid through the General Fund."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 17 OF 27
Commissioner Bonner inquired, "Would it be reasonable within the construct of a Developer's Agreement to
address this as a cost that would be covered by the Charter School in the event that a Resource Officer were
needed, meaning the fifty percent (50 %) that currently Winter Springs citizens pay for? Is that a reasonable thing
to put in a Developer's Agreement ?"
Manager Smith replied, "From a financial standpoint, I would prefer the School Board pay the hundred percent
(100 %) of the cost of a Resource Officer."
Attorney Garganese commented, "Typically, that's something that usually gets addressed on a case by case basis
when and if the need arises, but in the context of this particular hearing, imposing a funding source seems to be a
little bit off target with respect to you being asked to approve Final Engineering, Special Exception."
Discussion.
Commissioner Bonner asked if the Developer's Agreement covers "The replacement of foliage that would die and
I am thinking in particular, the hedge that is going to cover the chain link fence that is purposed as a lower cost
solution, so it's going to be irrigated but in the event that portions of the hedge are damaged or die, does the
Developer's Agreement require the replacement of that ?"
Attorney Garganese explained, "It is for the play area, but with respect to the retention pond, if the Commission
were to approve the chain link fence around the retention pond, we would certainly add language that there be
hedging along the fence that has to be maintained and kept during the duration of the Agreement."
Commissioner Bonner responded, "Okay, I think that would satisfy my concern as long as that language was
extended over to cover that hedge which is intended to hide the chain link fence. Thank you, I will listen to my
piers relative to the other lights."
Mr. Stevenson added, "I just want make sure that you understand - the chain link fence that is proposed along the
play area that has been approved as part of the DA (Development Agreement), with the exception of this area
because it is back in the woods and we're hoping it disappears; we don't want to draw any additional attention to
it, but around this area it has a Viburnum hedge around it. If you were to Approve the chain link fence over here,
they currently have trees along there, but no hedge. So, one of your considerations if you were inclined to
Approve that deviation, would be the addition of the shrubs in that area as well."
With further comments, Mr. Breen remarked, "You heard us correctly, that's what we said - we would install a
permanent hedge, maintain it along the chain link fence so that the fence disappears from the street view."
Commissioner Bonner concluded, "That certainly satisfies me."
Discussion followed on lighting.
Manager Smith noted, "Commissioners if I may from my perspective I would appreciate your consideration of
that item and whether or not you would be interested in having those lightings. I believe that it provides public
safety enhancement. I think it is a nice aesthetic entrance to our award winning park and the new things that
Chris (Caldwell) has done with the landscaping. And I think it would be a good expenditure of three hundred
($300.00) and some odd dollars a month. But, I open that up for your consideration."
Commissioner Krebs replied, "I would understand that it would have to be done in the future some time anyway,
but sooner is better than later - if you are going to do a project why not invest in the whole for safety reasons."
Attorney Garganese stated, "On the SRO (School Resource Officer), that is usually done on a case by case basis.
Commissioner Krebs inquired, "And the payment of such would be negotiated at that time, right ?"
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 18 OF 27
Attorney Garganese responded by saying, "The way it is usually done you have an SRO (School Resource
Officer) Agreement with the School District which is approved or denied and negotiated on a case by case basis.
I don't believe the City is obligated."
Discussion continued on lighting.
Commissioner Brown asked, "Do we have the ability to lock down if necessary — the school." Mr. Breen
remarked, "There is a standard operating process and procedure for the school to lock down and make the
necessary contacts to law..."
Commissioner Brown added, "...Meets all the standards and requirements of Seminole County ?" Mr. Breen
responded, "Yes Sir."
Mr. Breen then said, "On behalf of the Applicant, I know that they are looking forward to — transitioning from the
design and planning process into construction with your Approval tonight; and becoming good neighbors within
the City of Winter Springs and partnering with you on all aspects wherever possible."
Mayor Lacey opened the "Public Input" portion of the Agenda Item
Ms. Kacie Melvin, 216 Highlands Glen Circle, Winter Springs, Florida: commented in favor of the proposed
Choices In Learning Charter School.
Ms. Janet Kearney, 404 Dorchester Square, Lake Mary, Florida: as the Principal of the Choices In Learning
Charter School, Ms. Kearney spoke of looking forward to being a part of this community and commented in favor
of the Choices In Learning Charter School.
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 commented in favor of this project.
Ms. Diane Kessluk, 202 Holiday Lane, Winter Springs, Florida: commented about doing business in the Winter
Springs Town Center and spoke in favor of the Choices In Learning Charter School.
Mayor Lacey spoke for the Record about Public Input forms being kept for the Record.
Mayor Lacey closed the "Public Input" portion of the Agenda Item.
"I WILL MOTION FOR THE SPECIAL EXCEPTIONS INCLUDING THE BLACK VINYL COATED
CHAIN LINK FENCE WITH HEDGE, IRRIGATION, AND MAINTENANCE TO BE APPPROVED IN
THE DA (DEVELOPMENT AGREEMENT) AND THAT WE MOVE FORWARD WITH THAT - SET
OF EXCEPTIONS." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER
BROWN. DISCUSSION.
COMMISSIONER KREBS STATED, "WHERE IS IT THAT WE PUT IN THE LIGHTS?" MAYOR
LACEY SAID, "MY UNDERSTANDING OF THE LIGHTS, ARE THAT THOSE ARE CITY
RESPONSIBILITY FOR US TO TAKE UP AT OUR LEISURE?" COMMISSIONER KREBS THEN
INQUIRED, "WHY DID WE DISCUSS IT?" MANAGER SMITH REMARKED, "TO GAUGE YOUR
INTEREST AND TO BE SURE THAT IT'S SOMETHING THAT YOU WOULD BE AMENABLE TO
MOVING FORWARD WITH." COMMISSIONER KREBS ASKED, "WHEN WOULD WE DO THAT?"
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 19 OF 27
MR. STEVENSON EXPLAINED, "WE HAVE INITIAL DISCUSSIONS AT THIS POINT IF IT'S THE
COMMISSION'S WISH, WE CAN CERTAINLY MOVE FORWARD - REFINE THESE NUMBERS
WITH PROGRESS ENERGY AND COME UP WITH A TIME FRAME FOR INSTALLATION."
COMMISSIONER KREBS ADDED, "DO YOU HAVE TO BRING THAT BACK? I MEAN YOU
BROUGHT IT FORWARD BECAUSE PLANNING & ZONING (BOARD) HAD BROUGHT IT AND I
JUST WONDERED IF THIS WAS THE TIME WE INCORPORATED THAT AS WELL, OR DO WE
NEED TO TAKE A SEPARATE VOTE ON THAT?" MAYOR LACEY REMARKED, "I BELIEVE WE
NEED TO TAKE A SEPARATE VOTE."
ATTORNEY GARGANESE NOTED, "I'M NOT SURE IT'S EVEN PART OF THIS APPLICATION.
IT'S AN ISSUE THAT THE PLANNING AND ZONING BOARD WANTED THE CITY COMMISSION
TO CONSIDER." COMMISSIONER KREBS ADDED, "WITH THE DEVELOPMENT OF THIS
PROPERTY."
ATTORNEY GARGANESE THEN SAID, "WITH THE DEVELOPMENT OF THIS PROPERTY AND
LOOKING AT THE LIGHTING SITUATION OVER THERE. THAT IS A PLANNING LEVEL
QUESTION FOR THE CITY COMMISSION TO ADDRESS. I WOULD RECOMMEND THAT WHEN
YOU ADDRESS THAT, THAT YOU HAVE ALL THE FACTS PRESENTED TO YOU AND IN AN
AGENDA ITEM, SO YOU CAN CONSIDER WHETHER OR NOT YOU WANT TO EXERCISE THAT
PLANNING DECISION THAT'S SEPARATE AND APART FROM THIS APPLICATION."
COMMISSIONER KREBS COMMENTED, "OKAY"
MR. STEVENSON STATED, "IF IT'S THE WISH OF THE COMMISSION, STAFF NEEDS TO
PURSUE THIS FURTHER AND GET FINAL NUMBERS, LAYOUT PLANS, AND EVERYTHING TO
AS ANTHONY ( GARGANESE) SAID TO BRING FORWARD TO YOU IN AN OFFICIAL STAFF
REPORT, AND WE WILL PURSUE THAT AT YOUR DIRECTION - IMMEDIATELY."
MANAGER SMITH COMMENTED, "I THOUGHT IT WAS IMPORTANT TO HAVE THIS
DISCUSSION THOUGH, IN THE CONTEXT OF WHAT WE WERE APPROVING."
MAYOR LACEY THEN SAID, "SO IF IT IS ACCEPTABLE TO YOU COMMISSIONER KREBS, I
BELIEVE WE HAVE ALREADY GIVEN THEM DIRECTION TO COME BACK FOR THIS AS AN
ITEM." COMMISSIONER KREBS REPLIES, "I WILL TAKE IT UP AGAIN - RIGHT AFTER THIS."
MR. STEVENSON ASKED MAYOR LACEY, "DOES THE CURRENT MOTION ALSO ALLOW
AUTHORIZATION FOR THE MANAGER AND THE ATTORNEY TO WORK IF THE SPECIAL
EXCEPTIONS ARE APPROVED, TO WORK THOSE INTO THE EXISTING DEVELOPMENT
AGREEMENT ?" COMMISSIONER BONNER POINTED OUT, "YES IT DOES."
MAYOR LACY COMMENTED, "IF THERE IS NO OBJECTION THE MOTION WILL BE AMENDED
TO INCLUDED THAT PHRASING."
MAYOR LACY REMARKED, "MOTION TO APPROVE THE SPECIAL EXCEPTIONS AND
INCLUDING IN THAT, THE DELEGATION OF THE MANAGER AND ATTORNEY TO
INCORPORATE THE EXCEPTIONS INTO THE DA (DEVELOPMENT AGREEMENT) - AND THE
BLACK FENCE." COMMISSION KREBS ADDED, "YES, WITH THE HEDGES."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JANUARY 24, 2011 PAGE 20 OF 27
VOTE:
DEPUTY MAYOR HOVEY: AYE
COMMISSIONER RESNICK: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BONNER: AYE
COMMISSIONER BROWN: AYE
MOTION CARRIED.
"MOTION TO APPROVE THE AESTHETIC REVIEW AS RECOMMENDED BY STAFF." MOTION
BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER BROWN. DISCUSSION.
Tape 2 /Side B
VOTE:
COMMISSIONER BROWN: AYE
DEPUTY MAYOR HOVEY: AYE
COMMISSIONER BONNER: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER RESNICK: AYE
MOTION CARRIED.
"MOTION TO APPROVE THE SITE PLAN." MOTION BY DEPUTY MAYOR HOVEY. SECONDED
BY COMMISSIONER BROWN. DISCUSSION.
VOTE:
COMMISSIONER RESNICK: AYE
COMMISSIONER KREBS: AYE
DEPUTY MAYOR HOVEY: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER BONNER: AYE
MOTION CARRIED.
Commissioner Krebs stated, "In light of bringing up those lights, and I know that it would come back, could we
either agree through Consensus or if you want me to make a Motion, I would like to have this come back. Staff,
how long do you need ?" Mr. Stevenson explained, "We're working with Progress Energy and kind of on their
time frame - we will push them as hard as we can." Commissioner Krebs then asked, "All we have to do is
Approve that - that is what we want you to do. When will you get that information, that we need to do that? It
has to come back as an item right ?" Mr. Stevenson added, "Yes - I will be on the horn with them tomorrow. Be
talking with them tomorrow."
Furthermore, Commissioner Krebs then inquired, "Could we have it back to us, the second — Meeting in
February ?" Mr. Stevenson responded, "We will try. We will make every attempt and I will give you an update at
our next meeting, as to where we're at with them, but we're going to have to work through the Agenda Item; and
again — it's a fairly simple design but I would feel better about bringing you the design to you as part of the
Agenda Item with a firm cost estimate. But, I will update you as part of item '100' and verbally, if you should
wish, at the next meeting, as to where we're at." Manager Smith added, "My recommendation is that we bring
this item back to you for your consideration as soon as possible - providing updates at each meeting, until it's
completed and resolved."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 21 OF 27
PUBLIC HEARINGS
501. Community Development Department
REQUEST: Request The City Commission Postpone Consideration Of The Winter Springs Village
Development Proposal To A Date Certain And To Preserve Advertising In Order That Staff Can Continue
To Work With The Applicant On Certain Development Agreement Issues And Bring A Complete Package
Before The City Commission For Consideration.
FISCAL IMPACT: There Is No Fiscal Impact To The City As A Result Of Postponing Consideration Of
The Winter Springs Village Project.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The City Manager; City
Attorney /Staff; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally,
Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have
Requested Agendas /Agenda Item Information, All Homeowner's Associations On File With The City, All
Individuals Who Have Requested Agendas /Agenda Item Information, Department Directors; And Also
Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General
Public; And Posted At Five (5) Different Locations Around The City.
1. A Substantial And Conspicuous Sign Has Been Erected At The Site To Notice The Public
Hearing And Property Owners Within 150 Feet Of The Site Have Been Notified By Mail In
Addition To The Postings By The City Clerk's Office. The Date On This Sign Will Be
Changed To Reflect The Date Of The Postponement.
2. New Letters Will Be Sent To Property Owners Within 150 Feet With The New Date For
The Public Hearing.
3. The Information On The City's Website Has Been Updated With The Postponement
Request And The Date For The New Public Hearing Will Be Added.
RECOMMENDATION: Staff Recommends That The City Commission Postpone Consideration Of The
Winter Springs Village Development To A Date Certain And Preserve Advertising.
Discussion.
Mayor Lacey opened the "Public Input" portion of the Agenda Item.
Mr. David Bowen, 105 St. Johns Landing Drive, Winter Springs, Florida: asked about the time frame associated
with this issue.
With further comments, Commissioner Krebs asked, "I would like to ask Anthony ( Garganese), where we are on
the Developers Agreement right now ?" Attorney Garganese responded, "We received a revised draft of the
Development Agreement from the Developer hours before the Agenda Item was supposed to be sent to the
Commission. So, that's why it was taken off, so we collectively as Staff haven't gotten together to really — review
it extensively. I know we individually have expressed some concerns with the amount of Amendments that
they've made. So, we need time to do that." Commissioner Krebs inquired, "What are you comfortable with ?"
Attorney Garganese explained, "My schedule does not permit me to be here on that date. So, I won't be at the
Commissioner meeting if you postpone it until the 14 Attorney Garganese added, "So my preference would be
to maybe push it back even one (1) more."
Commissioner Krebs commented, "I really do not want to go anymore then one (1) more after that, keeping in
mind the fairness to the Developer."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 22 OF 27
Attorney Garganese added, "We are going to need at least a week just to go over and sit down collectively and go
over the comments on the Agreement. That doesn't even include scheduling the meeting between the residents
and the Developer and what may come out of that for revisions." Commissioner Krebs suggested, "In fairness to
both, the 28 (of February) would be more reasonable." Attorney Garganese responded, "I believe that would be
very reasonable."
Mr. Bowen stated "My personal commitment to the Commission is I will make every effort on my side to
negotiate in good faith to get a resolution in that time frame. That should be enough, assuming we can convene
and we're going to have to have outside parties — an outside Engineer to give us their opinion on what can be
done and that sort of thing. But you have my commitment to try and make it happen as expeditiously as possible
and fair to all."
Further comments.
Mayor Lacey closed the "Public Input" portion of the Agenda Item.
"I MAKE A MOTION THAT WE POSTPONE TO A DATE CERTAIN — THAT DATE BEING
FEBRUARY 28 TH , [ 2011]." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY
MAYOR HOVEY. DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
DEPUTY MAYOR HOVEY: AYE
COMMISSIONER RESNICK: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER BONNER: AYE
MOTION CARRIED.
PUBLIC HEARINGS
502. Office Of The City Attorney
REQUEST: Requests That The City Commission Pass On First Reading Ordinance No. (Number) 2011-
04, Which Authorizes The City Manager To Grant Permit Extensions For Temporary Storage Structures.
FISCAL IMPACT: No Measurable Fiscal Impact Resulting From The Proposed Code Change.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server.
Further, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who
Have Requested Agendas /Agenda Item Information, All Homeowner's Associations On File With The City,
All Individuals Who Have Requested Agendas /Agenda Item Information, Department Directors; And Also
Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General
Public; And Posted At Five (5) Different Locations Around The City. If Passed On First Reading, The
Ordinance Will Be Advertised In A Newspaper Of General Circulation.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 23 OF 27
RECOMMENDATION: The City Attorney Recommends That The City Commission Pass Ordinance
2011 -04 On First Reading, And Direct That The Ordinance Be Advertised For Second And Final Reading
At The Next Regular Commission Meeting Scheduled For February 14, 2011.
Mayor Lacey asked, "Can I have a Motion to read by `Title' only."
"SO MOVED." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER
BROWN. DISCUSSION.
VOTE:
COMMISSIONER BONNER: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER RESNICK: AYE
DEPUTY MAYOR HOVEY: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
Attorney Garganese read the Ordinance by "Title" only.
Commissioner Brown stated, "And this would be without the requirement of paying additional Permit Fees each
time you extend ?" Manager Smith remarked, "That is correct."
Mayor Lacey opened the "Public Input" portion of the Agenda Item
No one spoke.
Mayor Lacey closed the "Public Input" portion of the Agenda Item.
"I MAKE A MOTION TO APPROVE (AND MOVE ORDINANCE 2011 -04 TO SECOND READING)."
MOTION BY COMMISSIONER BROWN. MAYOR LACEY STATED, "SECONDED BY
COMMISSIONER KREBS." DISCUSSION.
VOTE:
COMMISSIONER RESNICK: AYE
COMMISSIONER BONNER: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN: AYE
DEPUTY MAYOR HOVEY: AYE
MOTION CARRIED.
Mayor Lacey summarized, "The Motion passes; it is moved to Second Reading."
REGULAR AGENDA
REGULAR
600. Parks And Recreation Department
REQUEST: Requests That The City Commission Review Information Regarding Hosting A Spring
Concert Or Event In March, 2011.
FISCAL IMPACT: None At This Time.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 24 OF 27
COMMUNICATION EFFORTS: We Would Follow Our Normal Procedures Below If Directed By The
Commission To Hold An Event.
This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City
Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting
Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally,
Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have
Requested Agendas /Agenda Item Information, All Homeowner's Associations On File With The City, All
Individuals Who Have Requested Agendas /Agenda Item Information, Department Directors; And Also
Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General
Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: Parks And Recreation Recommends That The City Commission Review
Information Regarding A Spring Event In March 2011 And Give Further Clarification And Provide
Direction.
Mr. Caldwell commented on this Agenda Item.
Discussion ensued on possible options including potential Easter events; changes in the Parks and Recreation
Department staffing; letting the new Parks and Recreation Advisory Committee being involved in such events;
and timelines.
Manager Smith said, "I am recommending to the Commission that we, for the reasons we articulated, forgo our
Spring Event this year and come back strong next year."
With further remarks, Manager Smith commented on the success of the City's Hometown Harvest event and
suggested, "I am wondering what the Commission would think about giving us the authority to pursue an option
only for a St. Patrick's Day type event in March that is akin to a Hometown Harvest in the Town Center - we
provide not just the traditional St. Patrick's Day activities but things for the kids." Manager Smith added, "So, I
would ask for your permission — to add that to the options list."
Discussion followed on calendaring upcoming events; and the Amphitheater.
Deputy Mayor Hovey said to Manager Smith, "I like what you just brought up and maybe it could be called a
`Spring Fling' or something like that, and then asked about the status of current plans for the next 4 of July
event.
Further comments followed on the Amphitheater; and Mayor Lacey noted that he had been in contact with some
individuals regarding this.
Commissioner Brown stated, "I just wanted to offer my support for a self sustaining Spring event wrapped around
St. Patrick's Day... " Commissioner Krebs added, "... I think that is terrific... " Commissioner Brown continued,
"...And I would like to ask Kevin (Smith) to make sure that 4 of July is on every Agenda between now and the
end of June."
Mr. Caldwell gave a brief update on the 4 of July, as it stands right now, and stated, "We will give you updates,
constant updates on the progress of where we're at and utilizing the resources that we have available to make that
a successful event this year." Manager Smith mentioned, "Please let everyone know that we have sponsorship
opportunities available."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 25 OF 27
REGULAR
601. Office Of The City Attorney
REQUEST: Presents To The City Commission For Discussion And Direction The Current City
Commission Rules And Procedures And The Uniform Requirements For City Boards And Committees Set
Forth In The City Code.
FISCAL IMPACT: None.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server.
Further, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who
Have Requested Agendas /Agenda Item Information, All Homeowner's Associations On File With The City,
All Individuals Who Have Requested Agendas /Agenda Item Information, Department Directors; And Also
Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General
Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: The City Attorney Recommends That The City Commission Evaluate The
Current Rules And Procedures Of The City Commission And The City Boards And Committees And
Provide Direction As To Whether The City Commission Desires Any Modifications Or Enhancements.
Discussion.
Commissioner Bonner asked Attorney Garganese about legal support Attorney Garganese's Office is providing to
the City's Boards and Committees. Attorney Garganese explained, "Based on the direction of the Commission, I
consult with the Manager and it would be on a case by case basis whether I attend all of the Boards, but from a
practical standpoint, we attend all the Code (Enforcement) Board meetings, because they are always quasi -
judicial. My guess is we'll attend most, if not all of the Planning and Zoning Board( /Local Planning Agency)
meetings. After that, it's going to be on a case by case basis."
Continuing, Commissioner Bonner asked Attorney Garganese, "Should we Adopt this, this evening and codify
these understandings, would it be reasonable to ask of your Office to conduct some form of review of what we
codify with all of our citizen Boards, at least to orient them and since there is turnover within those bodies, have
some sort of - orientation and/or handout that goes to new Board Members as they are elected and join each of our
respective citizen boards ?"
Commissioner Krebs and Commissioner Brown both remarked that they felt this issue of imposing an end time
for Board and Committee meetings was the only issue that needed to be addressed at this time.
Further comments followed.
Mayor Lacey asked if a time curfew change for the City's Boards and Committees could be done by Resolution.
Attorney Garganese stated, "If the Commission wanted to impose that, I would just recommend doing a
Resolution." Attorney Garganese then asked, "That curfew — if you were inclined to go in that way, do you want
to allow for the super majority to extend, just like the Commission's rules ?" Commissioner Brown and
Commissioner Krebs agreed with this.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JANUARY 24, 2011 PAGE 26 OF 27
"I WILL MAKE THE MOTION THAT WE ASK THE ATTORNEY TO DRAFT A RESOLUTION
THAT WILL PUT THAT IN PLACE FOR US TO CONSIDER BEING THE ONE AND ONLY ITEM
WHICH IS TO PUT A TIME LIMIT ON BOARD MEETINGS WITH THE OPPORTUNITY FOR A
SUPER MAJORITY VOTE OF THE SITTING MEMBERS TO EXTEND IF NECESSARY." MOTION
BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION
MAYOR LACEY ASKED, "IS THIS APPLYING TO ALL BOARDS?" COMMISSIONER BROWN
SAID, "YES." COMMISSIONER BROWN CLARIFIED, "10:00 P.M. ". REGARDING THE
DIFFERENT SIZE BOARDS AND A SUPER MAJORITY, MAYOR LACEY INQUIRED, "IS TWO -
THIRDS THE SUPER MAJORITY THEN?" ATTORNEY GARGANESE STATED, "YES, WE CAN
USE TWO- THIRDS."
MAYOR LACEY SUMMARIZED THE MOTION AND STATED, "MOTION IS TO ENFORCE A 10:00
P.M. CURFEW ON ALL OUR APPOINTED BOARDS, SUBJECT TO A TWO- THIRDS SUPER -
MAJORITY OVERRIDE BY THAT BOARD TO EXTEND."
VOTE:
COMMISSIONER BROWN: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER RESNICK: AYE
DEPUTY MAYOR HOVEY: AYE
COMMISSIONER BONNER: AYE
MOTION CARRIED.
City Clerk Lorenzo - Luaces spoke of Resolutions being given to Elected Officials and Board and Committee
Members after they leave Office. Continuing, City Clerk Lorenzo - Luaces also mentioned situations in the past
which involved Board/Committee Members who left Office for situations like lack of attendance, etc, and asked
what the City Commission would prefer going forward.
Commissioner Brown remarked, "I would like to continue with the Resolutions of Appreciation for the Board
Members. Regarding Board Members that are removed, I think that should be a case by case basis."
Commissioner Krebs stated, "I agree." No objections were noted.
Mayor Lacey mentioned a reference to a City Commission Meeting in January 2007 when the podium in the
Commission Chambers was moved to the opposite side from where it is now. With discussion on pros and cons
and some impromptu moving of the podium to see how it would look, Mayor Lacey suggested, "How about for
the next meeting, we experiment with whatever choice is the Commission's preference, and see how it goes."
Tape 3 /Side A
Manager Smith asked why the City Commission has to a have a Roll Call on Motions to read by `Title' only.
Mayor Lacey stated, "The Charter requires that everything be a Roll Call Vote, unless it is a procedural matter. I
would submit to you that reading by `Title' only is a procedural matter; and Motions to Postpone - Points of
Order, things like that are procedural matters and by Charter, it would be perfectly acceptable for those to be — all
in favor — 'AYE'... all opposed, `NAY'." Mayor Lacey then asked Attorney Garganese, "Do you see any legal
reasoning that voids that ?" Attorney Garganese stated, "I think you can do that."
On a related note, regarding any possible issues with not being able to hear what was said, Mayor Lacey stated,
"As a matter of practice, I would only do it if we had a unanimous Vote. If we had any dissent, then we would
have the Roll Call Vote, so she could record it as a unanimous Vote." Commissioner Krebs stated, "That sounds
good." Commissioner Brown added, "Isn't the Mayor able to just say, `Without objection' — and if there is no
objection, you go." Attorney Garganese remarked, "Yes, we can try that as well."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JANUARY 24, 2011 PAGE 27 OF 27
Mayor Lacey pointed out, "The Consent Agenda, which is by its definition, by Consent, I think you still need an
actual Vote to Approve — I think I would feel more comfortable with a Roll Call on something like that."
Attorney Garganese noted, "On the issue of reading it by `Title' only, if there aren't any objections by the
Commission, we can kind of move it along." Mayor Lacey stated, "Okay, we will try that."
Discussion ensued on Approving the Informational Agenda and with comments, it was agreed that the current
process be followed.
ADJOURNMENT
Mayor Lacey adjourned the Regular Meeting at 8:25 p.m.
RESPECTFULLY SUBMITTED:
ANDREA LORENZO- LUACES, MMC
CITY CLERK
APPROVED:
MAYOR CHARLES LACEY
NOTE: These Minutes were approved at the 1 2011 City Commission Regular Meeting.
CITY OF WINTER SPRINGS, FLORIDA
CITY COMMISSION
MINUTES
REGULAR MEETING
MONDAY, JANUARY 24, 2011 - 5:1 P.M.
CITY HALL — COMMISSION CHAMBERS
1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA
Mayor Charles Lacey
Deputy Mayor Jean Hovey - Seat One
Commissioner Rick Brown - Seat Two
Commissioner Gary Bonner - Seat Three
Commissioner Cade Resnick - Seat Four
Commissioner Joanne M. Krebs - Seat Five
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 2 OF 27
CALL TO ORDER
The Regular Meeting of Monday, January 24, 2011 of the City Commission was called to Order by Mayor
Charles Lacey 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 Charles Lacey, present
Deputy Mayor Jean Hovey present
Commissioner Rick Brown, present
Commissioner Gary Bonner, present
Commissioner Cade Resnick, present
Commissioner Joanne M. Krebs, present
City Manager Kevin L. Smith, present
City Attorney Anthony A. Garganese, present
A moment of silence was held.
The Pledge of Allegiance was led by Max McDonald of Den 8, Cub Scouts Pack 787.
❖ ❖ AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEMS WERE
DISCUSSED NEXT, BUT NOT NECESSARILY IN THE ORDER DISCUSSED. •3.3
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: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media /Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In
This Agenda Item.
This Agenda Item was not discussed.
INFORMATIONAL
101. City Manager And Finance And Administrative Services Department
REQUEST: Pleased To Announce That The City Of Winter Springs Has Received The Distinguished
Budget Presentation Award And The Certificate Of Achievement For Excellence In Financial Reporting.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 3 OF 27
FISCAL IMPACT: he Award Program Application Fees For The Distinguished Budget Award And The
Certificate Of Excellence In Financial Reporting Are About $350.00 And $450.00, Respectively. These Fees
Are Routinely Budgeted In Finance And Administrative Services (1300 Division).
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media /Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: Staff Requests The City Commission Review And Accept The Information
Provided In This Agenda Item.
No discussion.
INFORMATIONAL
102. Police Department
REQUEST: Wishes To Advise The City Commission Of A Comparison Of Yearly Uniform Crime Report
Statistics For 2009 — 2010.
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. 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: The City Commission Is Being Asked To Review And Accept The Information In
This Agenda Item.
Chief of Police Kevin Brunelle, Police Department addressed the City Commission on this Report.
Commissioner Rick Brown stated, "Congratulations." Commissioner Gary Bonner remarked, "Congratulations,
and the entire Force, well done!"
INFORMATIONAL
103. Utility Department
REQUEST: Informing The City Commission On The Potable Water Usage For 2010.
FISCAL IMPACT: There Was A Correlating Drop In Water Revenues Which Will Be Covered In More
Detail When The FY (Fiscal Year) 2010 Financials Are Presented.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 4 OF 27
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
Staff Is Also Investigating Providing Annual Individual Usage Information On The Water Bills To Assist
Residents In Monitoring Their Water Usage.
RECOMMENDATION: Staff Recommends The City Commission Accept This Information.
There was no discussion on this Agenda Item.
"MOTION TO APPROVE INFORMATIONAL (AGENDA)." MOTION BY COMMISSIONER KREBS.
SECONDED BY COMMISSIONER BROWN. DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER BONNER: AYE
DEPUTY MAYOR HOVEY: AYE
COMMISSIONER RESNICK: AYE
COMMISSIONER BROWN: AYE
MOTION CARRIED.
CONSENT AGENDA
CONSENT
200. Office Of The City Clerk
REQUEST: Requesting The City Commission Approve The January 10, 2011 City Commission Regular
Meeting Minutes.
FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media /Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The January 10,
2011 City Commission Regular Meeting Minutes.
There was no discussion on this Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 5 OF 27
CONSENT
201. Office Of The City Manager And Community Development Department
REQUEST: Requests The Commission Review The Recently Appointed Member Of The Joint Economic
Development Task Force From Seminole County And Ratify This Appointment.
FISCAL IMPACT: There Is No Direct Fiscal Impact To The City In Approving The Last Appointee To
The Joint Task Force.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media/Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: Staff Recommends That The City Commission:
1. Ratify The Seminole County Board Of County Commissioner's Appointment Of Nicole Guillet To The
Joint Economic Development Task Force.
No discussion.
CONSENT
202. Utility Department
REQUEST: Requesting Approval To Piggyback Off The Florida Sheriffs Association Bid Award 10 -18-
0907, Spec #84, For The Purchase One (1) 20KW Generator.
FISCAL IMPACT: $30,000.00 Was Budgeted And Is Available Under Utility Line Code #3600- 64000.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media /Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: It Is Recommended That Approval Be Granted To Piggyback Off Florida
Sheriffs Association Bid #10 -18 -0907 Specification #84 For The Purchase Of One (1) 20KW Generator
From Tradewinds Power Corp. For A Total Cost Of $29,507.00 Payable From Utility Line Code 3600-
64000.
This Agenda Item was not discussed.
CONSENT
203. Utility Department
REQUEST: Requesting The City Commission Approve An Interlocal Agreement With The City Of
Casselberry For The Emergency Potable Water Interconnect.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 6 OF 27
FISCAL IMPACT: No Fiscal Impact Is Anticipated.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media /Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: Staff Recommends That The City Commission Authorize The Mayor To Execute
The Interlocal Agreement For An Emergency Potable Water Interconnect System Between City Of
Casselberry And City Of Winter Springs Subject To City Attorney Approval.
There was no discussion on this Agenda Item
CONSENT
204. Community Development Department — Urban Beautification Services Division And Parks
And Recreation Department
REQUEST: Requesting Approval For The City Manager To Enter Into A Contract Agreement With
Power Exterminators Inc., Totaling $70,620.00 For Chemical Services Pursuant To Public Bid ITB
003 /11 /SR For Central Winds Park.
FISCAL IMPACT: Funding For The Central Winds Park Chemical Program (ITB# 003 /11 /SR) Shall
Come From Parks And Grounds Line Code (7230 - 53186) In The Amount Of $70,620.00 As Follows:
■ FY (Fiscal Year) [20]'11 - $47,080.00 (Feb [February] 1, 2011 Thru Sept [September] 30, 2011)
Transferred From Salaries Line Code To Parks And
Grounds Line Code (7230 - 53186)
Available Funding From Four (4) Unfilled Budgeted Positions:
(Including Benefits For FT [Full Time]Positions)
o Crew Chief $35,519.00
o Maintenance Worker $29,222.00
0 2 — P.T. Maintenance Worker $26,770.00
Total $91,511.00
FY (Fiscal Year) [20]'11 Savings $44,431.00
COMMUNICATION EFFORTS: ITB# 003 /11 /SR Central Winds Park Chemical Program Was Broadcast
To More Than 200 Bidders Throughout Central Florida Through Advertisements In The Orlando
Sentinel, Demand Star And The City's Website Bid System. This Agenda Item Has Also Been Forwarded
To The Mayor And City Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed
In The City Hall (Lobby) City Commission Meeting Binder; And Is Available On The City's Website,
LaserFiche, And The City's Server.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 7 OF 27
Further, Information Related To This Agenda Item Has Been Sent To Media /Press Representatives Who
Have Requested Agendas /Agenda Item Information, All Homeowner's Associations On File With The City,
All Individuals Who Have Requested Agendas /Agenda Item Information, Department Directors; And Also
Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General
Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: Staff Recommends The City Commission Review And Approve A Contract With
Power Exterminators, Inc., For The Central Winds Park Chemical Program (ITB 003 /11 /SR), At A Cost
Of $70,620.00. If Approval Is Granted Staff Recommends The City Commission Authorize The City
Manager And The City Attorney To Prepare And Execute Any And All Applicable Documents Required
For This Project.
No discussion.
CONSENT
205. Community Development Department
REQUEST: Requesting That The City Commission Approve Resolution 2011 -01, Amending The City Of
Winter Springs Memorial Tree Planting Program; Providing For Repeal Of Prior Inconsistent Resolutions,
Severability, And An Effective Date.
FISCAL IMPACT: Approval Of Resolution 2011 -01 Will Require No Additional Cost To The City.
COMMUNICATION EFFORTS: This Agenda Item Has Also Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server.
Further, Information Related To This Agenda Item Has Been Sent To Media /Press Representatives Who
Have Requested Agendas /Agenda Item Information, All Homeowner's Associations On File With The City,
All Individuals Who Have Requested Agendas /Agenda Item Information, Department Directors; And Also
Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General
Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: City Staff Recommends The City Commission Approve Resolution 2011 -01,
Amending The City Of Winter Springs Memorial Tree Planting Program; Providing For Repeal Of Prior
Inconsistent Resolutions, Severability, And An Effective Date.
This Agenda Item was not discussed.
"MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER BROWN.
SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION.
VOTE:
COMMISSIONER RESNICK: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER BONNER: AYE
DEPUTY MAYOR HOVEY: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 8 OF 27
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
300. Office Of The City Manager And Office Of The Police Chief
Presenting To The Mayor And City Commission The Following Awards And Commendations From The
Winter Springs Police Department: "Distinguished Service" Awards; "Officer of the Month" (November
2010) And "Field Training Officer Of The Year 2009" Awards; "Meritorious Action" Awards; And "Unit
Citation' Awards.
With the Mayor and City Commission, and City Manager Kevin L. Smith, Chief Brunelle introduced the
following Awards:
Mr. Stephen Colosi, Mr. Robert Henderson, and Mr. Jim Pitts were presented with the Winter Springs Police
Department's "Distinguished Service" Award.
Corporal Nick Romano, Police Department, was presented with the Winter Springs Police Department's "Officer
of the Month" Award for (November 20 10) and the "Field Training Officer of the Year 2009" Award.
Officer Garfield Armogan, Lieutenant Robin Bernosky, Corporal Kevin Chaulk, Corporal Kevin Crager, Corporal
John Maxwell, Officer Scott Murray, and Officer Charles Quick were presented with a Winter Springs Police
Department's "Unit Citation" Award.
Investigator Dale Thrush was presented with the Winter Springs Police Department's "Meritorious Action"
Award.
Lieutenant Doug Seely, Corporal Kevin Chaulk, Corporal Brad Heath, and Corporal Matt Scovel were presented
with a Winter Springs Police Department's "Unit Citation" Award.
Corporal Rob Cable and Corporal Thomas Padgett were presented with a Winter Springs Police Department's
"Unit Citation" Award.
Investigator Tracy Fugate, Investigator Valarie Mendelson, and Investigator Dave Raney were presented with a
Winter Springs Police Department's "Unit Citation" Award.
REPORTS
REPORTS
400. Office Of The City Attorney — Anthony A. Garganese, Esquire
City Attorney Anthony A. Garganese stated, "Last year, the Commission directed that we try to proceed with the
Annexation of Enclaves — by agreement with Seminole County, the Manager and I had met with the County
Manager and County Attorney regarding that last year." Attorney Garganese continued, "I just wanted to let the
Commission know I did meet with Commissioner (John) Horan today to brief him regarding the City of Winter
Springs' interest in Annexing the Enclaves and shared with him the talking points that we shared with the County
Attorney and County Manager last year, so hopefully, we will hear back from Commissioner Horan regarding our
efforts to enter into an Interlocal Agreement with Seminole County to Annex the Enclaves."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 9 OF 27
REPORTS
401. Office Of The City Manager — Kevin L. Smith
Manager Smith stated, "Just to publicly acknowledge and congratulate Chris Caldwell (Interim Director, Parks
and Recreation Department) and his Staff and the entire City of Winter Springs' team for what I thought was the
best Highland Games event we've had in a long time."
Mayor Lacey added, "It was a wonderful event."
REPORTS
402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC
City Clerk Andrea Lorenzo - Luaces reminded the City Commission about the upcoming Farewell Event for
former Mayor John F. Bush and former Commissioner Sally McGinnis scheduled for Friday, February 4, 2010.
REPORTS
403. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs
Commissioner Joanne M. Krebs stated, "I want to thank Andrea (Lorenzo - Luaces) for the terrific job that she has
been doing, her and her staff, regarding this Farewell Dinner. Continuing, Commissioner Krebs added, "I
personally feel like I don't want to cost the City any money, so I am going to go ahead - and pay for my full share
— and my husband's and an extra person."
Next, Commissioner Krebs mentioned she had met with residents from St. Johns Landing last week, and noted
there was some work going on at the Villagio outparcel.
Commissioner Krebs then commented about a Winter Springs business that has outgrown their space and that
LDI (Land Design Innovations, Inc.) had gotten involved and explained, "They sent someone to see them and
then he got an email and it was from a local person who owns businesses, and he was offering him space over on
Forsyth in Orange County. I thought that was really nice that we could pay for somebody to help us and watch
our businesses be escorted away." Commissioner Krebs then said, "I just feel like if we are going to spend that
much money, we need somebody who is going to spend a lot more time, really focusing on our needs here, and
our businesses that pay taxes."
Further discussion.
REPORTS
404. Office Of The Mayor — The Honorable Charles Lacey
Mayor Lacey mentioned the planned Workshop with the Oviedo - Winter Springs Regional Chamber of
Commerce, scheduled for Monday, January 31, 2011.
Secondly, Mayor Lacey asked City Clerk Lorenzo - Luaces if she had heard from John Bush regarding scheduling
meetings for the Joint Economic Development Task Force. City Clerk Lorenzo - Luaces indicated she had not.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 10 OF 27
Thirdly, Mayor Lacey stated, "Esther (Vargas- Davis) at the UCF (University of Central Florida) Incubator has
requested that we schedule a meeting over at the UCF (University of Central Florida) Incubator with the
Commission to get roughly on the order of a two (2) hour review of their programs, their clients etc., so she is
going to be working through the Clerk's Office to try to schedule a meeting. Is that agreeable to the
Commission ?" Commissioner Brown stated, "Absolutely." No objections were voiced.
REPORTS
405. Office Of Commissioner Seat One /Deputy Mayor — The Honorable Jean Hovey
Deputy Mayor Jean Hovey noted that she attended last Thursday's Tri- County League of Cities Meeting when
Commissioner Krebs was installed as I" Vice President and congratulated Commissioner Krebs.
Commissioner Krebs suggested to Mayor Lacey, "Maybe you could help us with changing that [Meeting] date ?"
Mayor Lacey commented, "I have told the Chamber (Oviedo - Winter Springs Regional Chamber of Commerce)
that is at least one item on the Agenda, for next Monday — let's talk about that."
REPORTS
406. Office Of Commissioner Seat Two— The Honorable Rick Brown
Commissioner Brown said that tonight, he had given Manager Smith financial information that he had been
provided by the Oviedo - Winter Springs Regional Chamber of Commerce, "So I am sure he will be looking at
that, seeing whether it is actually current and relevant and if so, sharing it with us at that meeting."
Next, Commissioner Brown noted that he had been trying to set up some meetings between Ms. Missy Casscells
and Congresswoman Sandy Adams.
Lastly, Commissioner Brown mentioned that Hollywood Bistro had just closed and that a couple of new
businesses are set to open in the Winter Springs Town Center; and that he was looking forward to the City
working on Codes and other items related to the Town Center. Commissioner Brown also remarked that he had
requested that Mr. Scott Gregory meet with Manager Smith and himself on businesses coming into the Winter
Springs Town Center, and keeping such businesses.
Commissioner Bonner asked Manager Smith, "Is that in the context or spirit of maybe some Visioning get
together, to sort of talk about the Town Center vision, where we are and where we might be going or a
revisioning, and so on ?"
Manager Smith responded, "If you the Commission may recall, Anthony (Garganese) and I had brought this to
your attention before the holidays — to get permission to come forward with just such an exercise to take a fresh
look at where we are ten (10) years later, see what's working, what isn't working; and brainstorm what we may be
able to do to Commissioner Brown's point earlier." As to a timeline for this, Manager Smith suggested, "First
quarter."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 11 OF 27
REPORTS
407. Office Of Commissioner Seat Three — The Honorable Gary Bonner
Commission Bonner noted that he recently attended a U.S. Highway 17/92 Redevelopment Planning Agency
meeting and mentioned that "The Interlocal Agreement issue was discussed and we got commitment from County
staff at that meeting, that all future Interlocal Agreement opportunities will be afforded like time for
municipalities to have plenty of opportunity to comment and provide feedback into the Interlocal Agreement prior
to it going before anybody for Approval." Commissioner Bonner added, "The Attorney in particular of each
municipality will be copied directly."
Secondly, Commission Bonner complimented Mayor Lacey on the presentation he gave at the Oviedo - Winter
Springs Regional Chamber of Commerce luncheon last Thursday, January 20, 2011 and noted, "The State of the
Cities - I certainly was very, very pleased with the way that you represented our City in the meeting and the way
that you really took the time to share a very comprehensive and complete vision for our City with the assembled
Chamber (Oviedo - Winter Springs Regional Chamber of Commerce) members. You did an outstanding job
Mayor and you really brought home all of the opportunity that we have here in Winter Springs, if we keep our
focus on the mission and keep working on the vision and on the tactics that will drive the success. Well done!"
Lastly, Commissioner Bonner explained that he had met this past Saturday with some St. Johns Landing residents
and had then spoken with Attorney Garganese related to the parties being able to discuss the issues at hand; and
suggested that "The Manager take action to try to foster some form of a meeting opportunity between the parties
where they can formally have a chance to discuss the issues; where the citizens can have an opportunity to hear
directly from the Developer about their plans; where the citizens can have an opportunity to ask their questions
directly of the Developer; and maybe this should take place in some forum that the City is facilitating, so that all
parties can have a chance to be heard."
With further comments, Manager Smith said, "To Commissioner Bonner's point, we have reached out to the folks
at Meritage (Homes of Florida, Inc.) and have begun trying to establish a date." Manager Smith added, "We do
not have a firm date as of yet, but we will advise the Commission at that time."
Attorney Garganese explained, "The best advice is that the Commission wait for the matter to come to you in the
formal Hearing process." Mayor Lacey recommended, "I would like us to at least volunteer our facilities, if that
would help. Do you have any objection to that Anthony (Garganese) ?" Attorney Garganese responded, "No
objection at all."
REPORTS
408. Office Of Commissioner Seat Four— The Honorable Cade Resnick
Commissioner Cade Resnick said he had attended the Oviedo - Winter Springs Regional Chamber of Commerce
Board Meeting and noted that the Oviedo Marketplace has a new owner and they are interested in hosting
regional events. Commissioner Resnick then added, "There might be opportunities for us to speak with them and
see if we can find some form of partnerships." Commissioner Resnick also mentioned that the Oviedo - Winter
Springs Regional Chamber of Commerce was having a Business Development morning breakfast on February 22,
2011 at 7:30 a.m. and that he would find out where it is being held. Commissioner Resnick then suggested that
someone from the City attend, as he was unable to.
Continuing, Commissioner Resnick mentioned that representatives of the Oviedo - Winter Springs Regional
Chamber of Commerce had met with Mr. Caldwell about a future event with the City. Mr. Caldwell stated to
Commissioner Resnick, "I will get with you on that." Manager Smith added, "We will follow up Commissioner."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JANUARY 24, 2011 PAGE 12 OF 27
Commissioner Resnick said to Attorney Garganese, "Longwood is looking at a "facebook" page and they said
that it is legal and they are actually working on it." Commissioner Resnick then noted that the League is also
dong the same.
Lastly, Commissioner Resnick commented that he had a recent discussion with Mr. Caldwell about a possible
Community Center with Grants.
Mayor Lacey added that he recently met with Oviedo's Mayor and some Mall Managers on some possible joint
events.
Additionally, Commissioner Brown mentioned a local Police Car Show held this weekend at the Oviedo
Marketplace.
Tape 1 /Side B
PUBLIC INPUT
Brief comments followed on the planned postponement of Public Hearings "501" by Mayor Lacey
Ms. Kim Coburn, 1778 Seneca Boulevard, Winter Springs, Florida: representing the Krewe of Leaders, Ms.
Coburn spoke of the upcoming Mardi Gras events planned for early March 2011.
Mr. Roy Pugsley, 306 Windcliffe Court, Oviedo, Florida: as the owner of the Pinch A Penny store, Mr. Pugsley
asked if he could bring his request to the City Commission at the next City Commission Meeting.
With further comments, Mr. Pugsley stated, "The request was that we didn't go to Planning and Zoning
(Board/Local Planning Agency)."
Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department addressed the City
Commission and explained, "Actual sets of plans have been provided for this, a set of plans and some aesthetics —
we were trying to work with the Applicant to take the process through Staff review because it is a new proposal.
It's the same piece of property, it's a new architectural proposal, new Site Plan. The Application is incomplete at
this point in time, so we have not scheduled it for P and Z (Planning and Zoning Board)."
Discussion
Mayor Lacey recommended, "I think given that he has been in the process and we changed the rules in the middle
of the game, I think it would be imminently fair to grandfather him in to the rules that allow Planning and Zoning
(Board) to be bypassed and bring it straight to the City Commission."
Further discussion.
Attorney Garganese said, "With respect to Planning and Zoning Board review, my advice of course is that you let
the Applicants follow the process. If there's a need for a Special P and Z (Planning and Zoning Board) Meeting,
to try to expedite a completed Application, that certainly would be more advisable than just exempting them from
the P and Z (Planning and Zoning Board) process at this stage. As you know, the Commission Adopted that
Ordinance directing that all Town Center development projects be brought to the Planning and Zoning Board, and
we've had other Applicants say that they didn't have to go through the process because they were in the pipeline
and we told them, `No, you're going to the Planning and Zoning Board, per the Commission's direction.' So, my
advice to you is not to make any exceptions in this case if need be; and if they have to have a completed
Application, have a Special P and Z (Planning and Zoning Board) meeting, but don't exempt them."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 13 OF 27
Discussion followed on a possible timeline.
Commissioner Brown spoke for the Record how long we have been working with Mr. Pugsley and said we need
to do something.
"I WILL MAKE THE MOTION THAT WE CONVENE A SPECIAL MEETING OF THE P AND Z
(PLANNING AND ZONING BOARD) AS - EXPEDITIOUSLY AS POSSIBLE; LET US GET MR.
PUGSLEY IN THERE AND BACK OUT AND TO US BY OUR FIRST MEETING IN FEBRUARY IF
POSSIBLE; AND THAT WE WAIVE THE FIVE HUNDRED DOLLAR ($500.00) PLAN FEE."
MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR HOVEY.
DISCUSSION.
VOTE:
DEPUTY MAYOR HOVEY: AYE
COMMISSIONER RESNICK: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER BONNER: AYE
COMMISSIONER KREBS: NAY
MOTION CARRIED.
Commissioner Krebs mentioned her "NAY" Vote was because she did not agree with waiving the Fee.
Mr. Paul Partyka, 292 Solaris Wharf Street, Winter Springs, Florida: spoke on the Winter Springs Town Center
and efforts to better market it and promote it; suggested the City use some funds to better market the Town
Center; and stated, "The `1135' building, I've talked to the owners and we are actually going to change the name
of that building and actually promote it and one of the names I've come up with is Innovation Center at Winter
Springs."
Mr. Richard Zarda, 204 Torcaso Court, Winter Springs, Florida: asked if a Workshop would be held on the St
Johns Landing issue.
Manager Smith stated, "We are going to do that."
Discussion.
Manager Smith added, "Based on the Attorney's advice earlier, that the Commission and the Mayor will not be
able to participate in that Workshop, formally." Mayor Lacey pointed out, "We will facilitate it, make all the
arrangements."
Mr. Mike Cannell, 221 Torcaso Court, Winter Springs, Florida: thanked the City Commissioners for meeting
with St. Johns Landing residents and for holding a Workshop.
Mr. Clint Szubinski, Vice President, Meritage Homes of Florida, Inc., 5337 Millenia Lakes Boulevard, Suite 160,
Orlando, Florida: stated, "Here tonight just to really present Meritage's point of view in that we've always tried
to be a good neighbor through the project, I think from the very beginning; project was Approved and entitled for
408 units. We've taken that plan and drastically reduced the density. I think our track record the way we've
shown hopefully over the last nine (9) to ten (10) months is that we're available, we're open. We've participated
in a number of meetings whether with the City or with the neighboring associations.
Part of the confusion is sometimes it's not clear who represents who or who is leading the cause for the residents.
If we can get some clarity there and I believe today on the phone we achieved that with the group that would like
to sit down and talk to us. If we can do that by all means, we're willing to sit down and to work.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 14 OF 27
The project has been delayed two (2) times for really that reason - to sit down and to address very specific issues
and to see if we can find a common ground to a project that works for everyone. So, just wanted to go on Record
tonight to let you guys know that we are working towards that common ground."
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department
REQUEST: Requests The City Commission Review The Information Presented In This Agenda Item And
Consider Four (4) Requests For The Proposed Choices In Learning Charter School: (1) The Special
Exception Requests, (2) Aesthetic Review, (3) The Final Engineering /Site Plan, And (4) Modifications To
The Development Agreement (DA) To Incorporate The Requested Code Deviations If They Are Approved
As Part Of The Special Exception Requests.
FISCAL IMPACT: The Applicant States That The School Had A 2009 -2010 Operating Budget Of $3.6
Million, Payroll (And Associated Taxes) For 45 Employees Of $2.0 Million, In -House Revenue For
Procured Services Of $1.6 Million, Finished Its 2009 -2010 Year At Least $450,000.00 In The Black,
$1,350,000.00 In The Bank (On 04/30/10), And No Debt. The DA Requires The School To Pay $5,000.00
Per Year To The City (Annual Increases To Meet CPI Or 3 Percent, Whichever Is Less) In Lieu Of
Property Taxes.
The School Projects An Operating Budget Of $5.1 Million, A Payroll For 60 Employees (15 New Jobs) Of
$2.46 Million, And Debt Payment On The New Facility Of $700,000.00.
Planning Literature States, As A General Rule, That A Small, High Quality Elementary School Boosts
Residential Property Values At The Neighborhood And Often Community Level. In Addition, A Number
Of Joint Uses Have Been Identified In The DA And Are Considered Benefits To The City At Large. These
Benefits Were A Large Part Of The City Commission's Discussions As It Considered The Civic Site
Designation.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server. Additionally, Information Related To This Agenda Item Has Been Sent To Media /Press
Representatives Who Have Requested Agendas /Agenda Item Information, All Homeowner's Associations
On File With The City, All Individuals Who Have Requested Agendas /Agenda Item Information,
Department Directors; And Also Posted Outside City Hall; Posted Inside City Hall With Additional Copies
Available For The General Public; And Posted At Five (5) Different Locations Around The City.
1. A Substantial And Conspicuous Sign Has Been Erected At The Site To Notice The Public
Hearing And Property Owners Within 150 Feet Of The Site Have Been Notified By Mail In
Addition To The Postings By The City Clerk's Office.
2. All Previous Meetings Relating To The Charter School Have Been Advertised In
Accordance With City Policy Including The Concept Plan Approval, Approval Of The
Large Footprint Building, And The Development Agreement Approval.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JANUARY 24, 2011 PAGE 15 OF 27
RECOMMENDATION: Staff And The Planning And Zoning Board ( /Local Planning Agency)
Recommend That The City Commission Review The Following Items, Take A Separate Vote On Each
Item, And Approve The Items As Outlined Below.
1. Special Exceptions, Except For Any Chain Link, Beyond The Black Vinyl- Coated Chain
Link Approved In The DA (Development Agreement) For Around The Play Area
2. Aesthetic Review
3. Site Plan
In Addition, Part Of The Planning And Zoning Board's ( /Local Planning Agency) Discussions When
Making Their Recommendation Was That The City Look Into Adding Street Lighting In The City Rights -
Of -Way Along The Portion Of Hicks Avenue Eastward Of The School, Central Winds Boulevard, And
Central Winds Drive To The Intersection With SR (State Road) 434. This Item Was Discussed As A
Compliment To Developing The Parcel Of Land And Was Not A Part Of P &Z's (Planning And Zoning
Board /Local Planning Agency's) Official Recommendation. Staff Will Have An Estimated Cost For These
Improvements At The January 24, 2011 City Commission Meeting.
Mr. Stevenson introduced this Agenda Item.
Discussion.
Mr. Brian Fields, P.E., City Engineer, Public Works Department addressed the City Commission.
Commissioner Krebs asked Mr. Fields, "What happens if the school system, for whatever reason, decides to
change the times and now it is in that area where they do conflict ?" Mr. Fields stated, I believe in our DA
(Development Agreement), we set it up that it could be mutually agreed to, to adjust those times and I can't speak
for the Charter School, but I think they do not want to see a conflict with Winter Springs High School. They
agreed to and the opposite of times works for them... " Commissioner Krebs then said, "...But do we have
something in the Developer's Agreement that would take care of that or are you just saying they can mutually
agree ?"
With further comments, Attorney Garganese said, "There is flexibility to change that time. It doesn't state though
the conditions on which those time periods would be changed, but it does contemplate future adjustment if need
be."
With further comments, Attorney Garganese noted, "If the Commission Approves this, there will have to be an
Amendment to the Development Agreement. Maybe we can add some language that's mutually agreeable that
under these certain circumstances, the parties will agree to sit down and adjust the time in order to make sure that
the traffic...." Commissioner Krebs added, "...So you always have that flexibility." Commissioner Krebs
suggested, "Could we make that more finite."
Discussion followed on car line queuing, water and sewer connections, and safety concerns.
Tape 2 /Side A
Related to signage, Chief Brunelle remarked, "The signage actually works pretty good but then there has to be
some sort of follow up from the Agency on that. If it became a problem or a safety issue, one (1) vehicle — we
have the option of towing the vehicle. We've never gotten to that level but the option does exist."
Commissioner Bonner noted, "I am encouraged Brian (Fields), to hear that there will be signs there so that the
citizens can be aware of the use of this flex space."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 16 OF 27
Discussion followed on fencing, to which Mr. Stevenson noted, "The Applicant has requested in one (1) of the
deviations that's before you this evening, is to use chain link fence in this area. There was a concern that this
retention pond although it has appropriate side slopes to it, is fairly close to the flex space and where these cars
will be moving forward, there was concern about children getting in there and they did propose a fence and they
did propose chain link fence; and as I covered with you earlier, this is a deviation that Staff is not in favor of at
this point and time, because we think it is inappropriate to use chain link fence in the Town Center in this
manner.
Further comments.
Mr. Matt Breen, President, Breen Construction Services, 205 West State Road 434, Suite D, Winter Springs,
Florida: explained, "We work for the Applicant, Choices In Learning, and the fence that is in the areas that will
be visible — it's similar to what you have behind the City Hall here, without the masonry peers. So, it's a nice
looking fence."
With further discussion, Mr. Breen then said, "The pond as Brian (Fields) said is constructed in Compliance with
all Codes. The fence is not a requirement of the Florida Building Code; it's not a requirement of the State of
Florida Regulations for Educational Facilities; it's not a requirement for any local Zoning Codes within the City
of Winter Springs.
The thought process came up after — as Brian (Fields) helped us solve the queuing issue and we agreed to install a
sidewalk along the `flex -lane' that, you know what, maybe we should revisit that particular situation. So, we
proposed a fence that is similar to what is installed right across the street at the Dog Park and what is right across
the street at the City of Winter Springs' Central Winds Park.
So, it is with the idea that the decorative fence is the area that is going to be visible; the chain link fence would be
hedged along Hicks (Avenue) here, so in other words as you're pulling into the school, you obviously see this
very well. You also see it from (State Road) 434 very well. That's why it's the decorative style fence. This is
more for functionality in our opinion - the pond is already constructed in a way that is compliant with all State
Regulations and Requirements. If for whatever reasons a child — climbed it, wandered, got disorientated,
whatever the case might be, they thought it might be a good idea to ask for permission to install a chain link fence
in that particular area that would be hedged and eventually disappear from the public's view."
Further comments
Commission Bonner asked, "Relative to the hedge, which is good to hear, is it irrigated? Mr. Stevenson replied,
"Yes, we irrigate everything."
Discussion ensued.
Commissioner Bonner inquired, "Will this school call for the investment of a Resource Officer ?"
Chief Brunelle responded, "We have left that up to the school to decide. Typically we leave that up to the
Principal to decide whether they want a school Resource Officer. We do offer sources or resources to the
Elementary Schools for different types of training classes that we put on — and if they ask us for that, we will
provide that."
Commissioner Bonner then commented on the funding for such; to which Chief Brunelle explained, "It is a
fifty /fifty (50150) split — the School Board pays half and we pay half" Commissioner Bonner asked, "And is our
half covered by Grant, or is there some out of pocket by our City in addition to Grant Funding ?" Chief Brunelle
stated, "Our half is paid through the General Fund."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 17 OF 27
Commissioner Bonner inquired, "Would it be reasonable within the construct of a Developer's Agreement to
address this as a cost that would be covered by the Charter School in the event that a Resource Officer were
needed, meaning the fifty percent (50 %) that currently Winter Springs citizens pay for? Is that a reasonable thing
to put in a Developer's Agreement ?"
Manager Smith replied, "From a financial standpoint, I would prefer the School Board pay the hundred percent
(100 %) of the cost of a Resource Officer."
Attorney Garganese commented, "Typically, that's something that usually gets addressed on a case by case basis
when and if the need arises, but in the context of this particular hearing, imposing a funding source seems to be a
little bit off target with respect to you being asked to approve Final Engineering, Special Exception."
Discussion.
Commissioner Bonner asked if the Developer's Agreement covers "The replacement of foliage that would die and
I am thinking in particular, the hedge that is going to cover the chain link fence that is purposed as a lower cost
solution, so it's going to be irrigated but in the event that portions of the hedge are damaged or die, does the
Developer's Agreement require the replacement of that ?"
Attorney Garganese explained, "It is for the play area, but with respect to the retention pond, if the Commission
were to approve the chain link fence around the retention pond, we would certainly add language that there be
hedging along the fence that has to be maintained and kept during the duration of the Agreement."
Commissioner Bonner responded, "Okay, I think that would satisfy my concern as long as that language was
extended over to cover that hedge which is intended to hide the chain link fence. Thank you, I will listen to my
piers relative to the other lights."
Mr. Stevenson added, "I just want make sure that you understand - the chain link fence that is proposed along the
play area that has been approved as part of the DA (Development Agreement), with the exception of this area
because it is back in the woods and we're hoping it disappears; we don't want to draw any additional attention to
it, but around this area it has a Viburnum hedge around it. If you were to Approve the chain link fence over here,
they currently have trees along there, but no hedge. So, one of your considerations if you were inclined to
Approve that deviation, would be the addition of the shrubs in that area as well."
With further comments, Mr. Breen remarked, "You heard us correctly, that's what we said - we would install a
permanent hedge, maintain it along the chain link fence so that the fence disappears from the street view."
Commissioner Bonner concluded, "That certainly satisfies me."
Discussion followed on lighting.
Manager Smith noted, "Commissioners if I may from my perspective I would appreciate your consideration of
that item and whether or not you would be interested in having those lightings. I believe that it provides public
safety enhancement. I think it is a nice aesthetic entrance to our award winning park and the new things that
Chris (Caldwell) has done with the landscaping. And I think it would be a good expenditure of three hundred
($300.00) and some odd dollars a month. But, I open that up for your consideration."
Commissioner Krebs replied, "I would understand that it would have to be done in the future some time anyway,
but sooner is better than later - if you are going to do a project why not invest in the whole for safety reasons."
Attorney Garganese stated, "On the SRO (School Resource Officer), that is usually done on a case by case basis.
Commissioner Krebs inquired, "And the payment of such would be negotiated at that time, right ?"
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 18 OF 27
Attorney Garganese responded by saying, "The way it is usually done you have an SRO (School Resource
Officer) Agreement with the School District which is approved or denied and negotiated on a case by case basis.
I don't believe the City is obligated."
Discussion continued on lighting.
Commissioner Brown asked, "Do we have the ability to lock down if necessary — the school." Mr. Breen
remarked, "There is a standard operating process and procedure for the school to lock down and make the
necessary contacts to law..."
Commissioner Brown added, "...Meets all the standards and requirements of Seminole County ?" Mr. Breen
responded, "Yes Sir."
Mr. Breen then said, "On behalf of the Applicant, I know that they are looking forward to — transitioning from the
design and planning process into construction with your Approval tonight; and becoming good neighbors within
the City of Winter Springs and partnering with you on all aspects wherever possible."
Mayor Lacey opened the "Public Input" portion of the Agenda Item
Ms. Kacie Melvin, 216 Highlands Glen Circle, Winter Springs, Florida: commented in favor of the proposed
Choices In Learning Charter School.
Ms. Janet Kearney, 404 Dorchester Square, Lake Mary, Florida: as the Principal of the Choices In Learning
Charter School, Ms. Kearney spoke of looking forward to being a part of this community and commented in favor
of the Choices In Learning Charter School.
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 commented in favor of this project.
Ms. Diane Kessluk, 202 Holiday Lane, Winter Springs, Florida: commented about doing business in the Winter
Springs Town Center and spoke in favor of the Choices In Learning Charter School.
Mayor Lacey spoke for the Record about Public Input forms being kept for the Record.
Mayor Lacey closed the "Public Input" portion of the Agenda Item.
"I WILL MOTION FOR THE SPECIAL EXCEPTIONS INCLUDING THE BLACK VINYL COATED
CHAIN LINK FENCE WITH HEDGE, IRRIGATION, AND MAINTENANCE TO BE APPPROVED IN
THE DA (DEVELOPMENT AGREEMENT) AND THAT WE MOVE FORWARD WITH THAT - SET
OF EXCEPTIONS." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER
BROWN. DISCUSSION.
COMMISSIONER KREBS STATED, "WHERE IS IT THAT WE PUT IN THE LIGHTS?" MAYOR
LACEY SAID, "MY UNDERSTANDING OF THE LIGHTS, ARE THAT THOSE ARE CITY
RESPONSIBILITY FOR US TO TAKE UP AT OUR LEISURE?" COMMISSIONER KREBS THEN
INQUIRED, "WHY DID WE DISCUSS IT?" MANAGER SMITH REMARKED, "TO GAUGE YOUR
INTEREST AND TO BE SURE THAT IT'S SOMETHING THAT YOU WOULD BE AMENABLE TO
MOVING FORWARD WITH." COMMISSIONER KREBS ASKED, "WHEN WOULD WE DO THAT?"
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 19 OF 27
MR. STEVENSON EXPLAINED, "WE HAVE INITIAL DISCUSSIONS AT THIS POINT IF IT'S THE
COMMISSION'S WISH, WE CAN CERTAINLY MOVE FORWARD - REFINE THESE NUMBERS
WITH PROGRESS ENERGY AND COME UP WITH A TIME FRAME FOR INSTALLATION."
COMMISSIONER KREBS ADDED, "DO YOU HAVE TO BRING THAT BACK? I MEAN YOU
BROUGHT IT FORWARD BECAUSE PLANNING & ZONING (BOARD) HAD BROUGHT IT AND I
JUST WONDERED IF THIS WAS THE TIME WE INCORPORATED THAT AS WELL, OR DO WE
NEED TO TAKE A SEPARATE VOTE ON THAT?" MAYOR LACEY REMARKED, "I BELIEVE WE
NEED TO TAKE A SEPARATE VOTE."
ATTORNEY GARGANESE NOTED, "I'M NOT SURE IT'S EVEN PART OF THIS APPLICATION.
IT'S AN ISSUE THAT THE PLANNING AND ZONING BOARD WANTED THE CITY COMMISSION
TO CONSIDER." COMMISSIONER KREBS ADDED, "WITH THE DEVELOPMENT OF THIS
PROPERTY."
ATTORNEY GARGANESE THEN SAID, "WITH THE DEVELOPMENT OF THIS PROPERTY AND
LOOKING AT THE LIGHTING SITUATION OVER THERE. THAT IS A PLANNING LEVEL
QUESTION FOR THE CITY COMMISSION TO ADDRESS. I WOULD RECOMMEND THAT WHEN
YOU ADDRESS THAT, THAT YOU HAVE ALL THE FACTS PRESENTED TO YOU AND IN AN
AGENDA ITEM, SO YOU CAN CONSIDER WHETHER OR NOT YOU WANT TO EXERCISE THAT
PLANNING DECISION THAT'S SEPARATE AND APART FROM THIS APPLICATION."
COMMISSIONER KREBS COMMENTED, "OKAY"
MR. STEVENSON STATED, "IF IT'S THE WISH OF THE COMMISSION, STAFF NEEDS TO
PURSUE THIS FURTHER AND GET FINAL NUMBERS, LAYOUT PLANS, AND EVERYTHING TO
AS ANTHONY ( GARGANESE) SAID TO BRING FORWARD TO YOU IN AN OFFICIAL STAFF
REPORT, AND WE WILL PURSUE THAT AT YOUR DIRECTION - IMMEDIATELY."
MANAGER SMITH COMMENTED, "I THOUGHT IT WAS IMPORTANT TO HAVE THIS
DISCUSSION THOUGH, IN THE CONTEXT OF WHAT WE WERE APPROVING."
MAYOR LACEY THEN SAID, "SO IF IT IS ACCEPTABLE TO YOU COMMISSIONER KREBS, I
BELIEVE WE HAVE ALREADY GIVEN THEM DIRECTION TO COME BACK FOR THIS AS AN
ITEM." COMMISSIONER KREBS REPLIES, "I WILL TAKE IT UP AGAIN - RIGHT AFTER THIS."
MR. STEVENSON ASKED MAYOR LACEY, "DOES THE CURRENT MOTION ALSO ALLOW
AUTHORIZATION FOR THE MANAGER AND THE ATTORNEY TO WORK IF THE SPECIAL
EXCEPTIONS ARE APPROVED, TO WORK THOSE INTO THE EXISTING DEVELOPMENT
AGREEMENT ?" COMMISSIONER BONNER POINTED OUT, "YES IT DOES."
MAYOR LACY COMMENTED, "IF THERE IS NO OBJECTION THE MOTION WILL BE AMENDED
TO INCLUDED THAT PHRASING."
MAYOR LACY REMARKED, "MOTION TO APPROVE THE SPECIAL EXCEPTIONS AND
INCLUDING IN THAT, THE DELEGATION OF THE MANAGER AND ATTORNEY TO
INCORPORATE THE EXCEPTIONS INTO THE DA (DEVELOPMENT AGREEMENT) - AND THE
BLACK FENCE." COMMISSION KREBS ADDED, "YES, WITH THE HEDGES."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JANUARY 24, 2011 PAGE 20 OF 27
VOTE:
DEPUTY MAYOR HOVEY: AYE
COMMISSIONER RESNICK: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BONNER: AYE
COMMISSIONER BROWN: AYE
MOTION CARRIED.
"MOTION TO APPROVE THE AESTHETIC REVIEW AS RECOMMENDED BY STAFF." MOTION
BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER BROWN. DISCUSSION.
Tape 2 /Side B
VOTE:
COMMISSIONER BROWN: AYE
DEPUTY MAYOR HOVEY: AYE
COMMISSIONER BONNER: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER RESNICK: AYE
MOTION CARRIED.
"MOTION TO APPROVE THE SITE PLAN." MOTION BY DEPUTY MAYOR HOVEY. SECONDED
BY COMMISSIONER BROWN. DISCUSSION.
VOTE:
COMMISSIONER RESNICK: AYE
COMMISSIONER KREBS: AYE
DEPUTY MAYOR HOVEY: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER BONNER: AYE
MOTION CARRIED.
Commissioner Krebs stated, "In light of bringing up those lights, and I know that it would come back, could we
either agree through Consensus or if you want me to make a Motion, I would like to have this come back. Staff,
how long do you need ?" Mr. Stevenson explained, "We're working with Progress Energy and kind of on their
time frame - we will push them as hard as we can." Commissioner Krebs then asked, "All we have to do is
Approve that - that is what we want you to do. When will you get that information, that we need to do that? It
has to come back as an item right ?" Mr. Stevenson added, "Yes - I will be on the horn with them tomorrow. Be
talking with them tomorrow."
Furthermore, Commissioner Krebs then inquired, "Could we have it back to us, the second — Meeting in
February ?" Mr. Stevenson responded, "We will try. We will make every attempt and I will give you an update at
our next meeting, as to where we're at with them, but we're going to have to work through the Agenda Item; and
again — it's a fairly simple design but I would feel better about bringing you the design to you as part of the
Agenda Item with a firm cost estimate. But, I will update you as part of item '100' and verbally, if you should
wish, at the next meeting, as to where we're at." Manager Smith added, "My recommendation is that we bring
this item back to you for your consideration as soon as possible - providing updates at each meeting, until it's
completed and resolved."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 21 OF 27
PUBLIC HEARINGS
501. Community Development Department
REQUEST: Request The City Commission Postpone Consideration Of The Winter Springs Village
Development Proposal To A Date Certain And To Preserve Advertising In Order That Staff Can Continue
To Work With The Applicant On Certain Development Agreement Issues And Bring A Complete Package
Before The City Commission For Consideration.
FISCAL IMPACT: There Is No Fiscal Impact To The City As A Result Of Postponing Consideration Of
The Winter Springs Village Project.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The City Manager; City
Attorney /Staff; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally,
Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have
Requested Agendas /Agenda Item Information, All Homeowner's Associations On File With The City, All
Individuals Who Have Requested Agendas /Agenda Item Information, Department Directors; And Also
Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General
Public; And Posted At Five (5) Different Locations Around The City.
1. A Substantial And Conspicuous Sign Has Been Erected At The Site To Notice The Public
Hearing And Property Owners Within 150 Feet Of The Site Have Been Notified By Mail In
Addition To The Postings By The City Clerk's Office. The Date On This Sign Will Be
Changed To Reflect The Date Of The Postponement.
2. New Letters Will Be Sent To Property Owners Within 150 Feet With The New Date For
The Public Hearing.
3. The Information On The City's Website Has Been Updated With The Postponement
Request And The Date For The New Public Hearing Will Be Added.
RECOMMENDATION: Staff Recommends That The City Commission Postpone Consideration Of The
Winter Springs Village Development To A Date Certain And Preserve Advertising.
Discussion.
Mayor Lacey opened the "Public Input" portion of the Agenda Item.
Mr. David Bowen, 105 St. Johns Landing Drive, Winter Springs, Florida: asked about the time frame associated
with this issue.
With further comments, Commissioner Krebs asked, "I would like to ask Anthony ( Garganese), where we are on
the Developers Agreement right now ?" Attorney Garganese responded, "We received a revised draft of the
Development Agreement from the Developer hours before the Agenda Item was supposed to be sent to the
Commission. So, that's why it was taken off, so we collectively as Staff haven't gotten together to really — review
it extensively. I know we individually have expressed some concerns with the amount of Amendments that
they've made. So, we need time to do that." Commissioner Krebs inquired, "What are you comfortable with?"
Attorney Garganese explained, "My schedule does not permit me to be here on that date. So, I won't be at the
Commissioner meeting if you postpone it until the 14 Attorney Garganese added, "So my preference would be
to maybe push it back even one (1) more."
Commissioner Krebs commented, "I really do not want to go anymore then one (1) more after that, keeping in
mind the fairness to the Developer."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 22 OF 27
Attorney Garganese added, "We are going to need at least a week just to go over and sit down collectively and go
over the comments on the Agreement. That doesn't even include scheduling the meeting between the residents
and the Developer and what may come out of that for revisions." Commissioner Krebs suggested, "In fairness to
both, the 28' (of February) would be more reasonable." Attorney Garganese responded, "I believe that would be
very reasonable."
Mr. Bowen stated "My personal commitment to the Commission is I will make every effort on my side to
negotiate in good faith to get a resolution in that time frame. That should be enough, assuming we can convene
and we're going to have to have outside parties — an outside Engineer to give us their opinion on what can be
done and that sort of thing. But you have my commitment to try and make it happen as expeditiously as possible
and fair to all."
Further comments.
Mayor Lacey closed the "Public Input" portion of the Agenda Item.
"I MAKE A MOTION THAT WE POSTPONE TO A DATE CERTAIN — THAT DATE BEING
FEBRUARY 28 TH , [ 2011]." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY
MAYOR HOVEY. DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
DEPUTY MAYOR HOVEY: AYE
COMMISSIONER RESNICK: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER BONNER: AYE
MOTION CARRIED.
PUBLIC HEARINGS
502. Office Of The City Attorney
REQUEST: Requests That The City Commission Pass On First Reading Ordinance No. (Number) 2011-
04, Which Authorizes The City Manager To Grant Permit Extensions For Temporary Storage Structures.
FISCAL IMPACT: No Measurable Fiscal Impact Resulting From The Proposed Code Change.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server.
Further, Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who
Have Requested Agendas /Agenda Item Information, All Homeowner's Associations On File With The City,
All Individuals Who Have Requested Agendas /Agenda Item Information, Department Directors; And Also
Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General
Public; And Posted At Five (5) Different Locations Around The City. If Passed On First Reading, The
Ordinance Will Be Advertised In A Newspaper Of General Circulation.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 23 OF 27
RECOMMENDATION: The City Attorney Recommends That The City Commission Pass Ordinance
2011 -04 On First Reading, And Direct That The Ordinance Be Advertised For Second And Final Reading
At The Next Regular Commission Meeting Scheduled For February 14, 2011.
Mayor Lacey asked, "Can I have a Motion to read by `Title' only."
"SO MOVED." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER
BROWN. DISCUSSION.
VOTE:
COMMISSIONER BONNER: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER RESNICK: AYE
DEPUTY MAYOR HOVEY: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
Attorney Garganese read the Ordinance by "Title" only.
Commissioner Brown stated, "And this would be without the requirement of paying additional Permit Fees each
time you extend ?" Manager Smith remarked, "That is correct."
Mayor Lacey opened the "Public Input" portion of the Agenda Item
No one spoke.
Mayor Lacey closed the "Public Input" portion of the Agenda Item.
"I MAKE A MOTION TO APPROVE (AND MOVE ORDINANCE 2011 -04 TO SECOND READING)."
MOTION BY COMMISSIONER BROWN. MAYOR LACEY STATED, "SECONDED BY
COMMISSIONER KREBS." DISCUSSION.
VOTE:
COMMISSIONER RESNICK: AYE
COMMISSIONER BONNER: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN: AYE
DEPUTY MAYOR HOVEY: AYE
MOTION CARRIED.
Mayor Lacey summarized, "The Motion passes; it is moved to Second Reading."
REGULAR AGENDA
REGULAR
600. Parks And Recreation Department
REQUEST: Requests That The City Commission Review Information Regarding Hosting A Spring
Concert Or Event In March, 2011.
FISCAL IMPACT: None At This Time.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 24 OF 27
COMMUNICATION EFFORTS: We Would Follow Our Normal Procedures Below If Directed By The
Commission To Hold An Event.
This Agenda Item Has Been Forwarded To The Mayor And City Commission; City Manager; City
Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby) City Commission Meeting
Binder; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally,
Information Related To This Agenda Item Has Been Sent To Media/Press Representatives Who Have
Requested Agendas /Agenda Item Information, All Homeowner's Associations On File With The City, All
Individuals Who Have Requested Agendas /Agenda Item Information, Department Directors; And Also
Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General
Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: Parks And Recreation Recommends That The City Commission Review
Information Regarding A Spring Event In March 2011 And Give Further Clarification And Provide
Direction.
Mr. Caldwell commented on this Agenda Item.
Discussion ensued on possible options including potential Easter events; changes in the Parks and Recreation
Department staffing; letting the new Parks and Recreation Advisory Committee being involved in such events;
and timelines.
Manager Smith said, "I am recommending to the Commission that we, for the reasons we articulated, forgo our
Spring Event this year and come back strong next year."
With further remarks, Manager Smith commented on the success of the City's Hometown Harvest event and
suggested, "I am wondering what the Commission would think about giving us the authority to pursue an option
only for a St. Patrick's Day type event in March that is akin to a Hometown Harvest in the Town Center - we
provide not just the traditional St. Patrick's Day activities but things for the kids." Manager Smith added, "So, I
would ask for your permission — to add that to the options list."
Discussion followed on calendaring upcoming events; and the Amphitheater.
Deputy Mayor Hovey said to Manager Smith, "I like what you just brought up and maybe it could be called a
`Spring Fling' or something like that, and then asked about the status of current plans for the next 4 of July
event.
Further comments followed on the Amphitheater; and Mayor Lacey noted that he had been in contact with some
individuals regarding this.
Commissioner Brown stated, "I just wanted to offer my support for a self sustaining Spring event wrapped around
St. Patrick's Day... " Commissioner Krebs added, "... I think that is terrific... " Commissioner Brown continued,
"...And I would like to ask Kevin (Smith) to make sure that 4 of July is on every Agenda between now and the
end of June."
Mr. Caldwell gave a brief update on the 4 of July, as it stands right now, and stated, "We will give you updates,
constant updates on the progress of where we're at and utilizing the resources that we have available to make that
a successful event this year." Manager Smith mentioned, "Please let everyone know that we have sponsorship
opportunities available."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 24, 2011 PAGE 25 OF 27
REGULAR
601. Office Of The City Attorney
REQUEST: Presents To The City Commission For Discussion And Direction The Current City
Commission Rules And Procedures And The Uniform Requirements For City Boards And Committees Set
Forth In The City Code.
FISCAL IMPACT: None.
COMMUNICATION EFFORTS: This Agenda Item Has Been Forwarded To The Mayor And City
Commission; City Manager; City Attorney /Staff; Placed In Press Packets; Placed In The City Hall (Lobby)
City Commission Meeting Binder; And Is Available On The City's Website, LaserFiche, And The City's
Server.
Further, Information Related To This Agenda Item Has Been Sent To Media /Press Representatives Who
Have Requested Agendas /Agenda Item Information, All Homeowner's Associations On File With The City,
All Individuals Who Have Requested Agendas /Agenda Item Information, Department Directors; And Also
Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General
Public; And Posted At Five (5) Different Locations Around The City.
RECOMMENDATION: The City Attorney Recommends That The City Commission Evaluate The
Current Rules And Procedures Of The City Commission And The City Boards And Committees And
Provide Direction As To Whether The City Commission Desires Any Modifications Or Enhancements.
Discussion.
Commissioner Bonner asked Attorney Garganese about legal support Attorney Garganese's Office is providing to
the City's Boards and Committees. Attorney Garganese explained, "Based on the direction of the Commission, I
consult with the Manager and it would be on a case by case basis whether I attend all of the Boards, but from a
practical standpoint, we attend all the Code (Enforcement) Board meetings, because they are always quasi -
judicial. My guess is we'll attend most, if not all of the Planning and Zoning Board( /Local Planning Agency)
meetings. After that, it's going to be on a case by case basis."
Continuing, Commissioner Bonner asked Attorney Garganese, "Should we Adopt this, this evening and codify
these understandings, would it be reasonable to ask of your Office to conduct some form of review of what we
codify with all of our citizen Boards, at least to orient them and since there is turnover within those bodies, have
some sort of - orientation and/or handout that goes to new Board Members as they are elected and join each of our
respective citizen boards?"
Commissioner Krebs and Commissioner Brown both remarked that they felt this issue of imposing an end time
for Board and Committee meetings was the only issue that needed to be addressed at this time.
Further comments followed.
Mayor Lacey asked if a time curfew change for the City's Boards and Committees could be done by Resolution.
Attorney Garganese stated, "If the Commission wanted to impose that, I would just recommend doing a
Resolution." Attorney Garganese then asked, "That curfew — if you were inclined to go in that way, do you want
to allow for the super majority to extend, just like the Commission's rules ?" Commissioner Brown and
Commissioner Krebs agreed with this.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JANUARY 24, 2011 PAGE 26 OF 27
"I WILL MAKE THE MOTION THAT WE ASK THE ATTORNEY TO DRAFT A RESOLUTION
THAT WILL PUT THAT IN PLACE FOR US TO CONSIDER BEING THE ONE AND ONLY ITEM
WHICH IS TO PUT A TIME LIMIT ON BOARD MEETINGS WITH THE OPPORTUNITY FOR A
SUPER MAJORITY VOTE OF THE SITTING MEMBERS TO EXTEND IF NECESSARY." MOTION
BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION
MAYOR LACEY ASKED, "IS THIS APPLYING TO ALL BOARDS?" COMMISSIONER BROWN
SAID, "YES." COMMISSIONER BROWN CLARIFIED, "10:00 P.M. ". REGARDING THE
DIFFERENT SIZE BOARDS AND A SUPER MAJORITY, MAYOR LACEY INQUIRED, "IS TWO -
THIRDS THE SUPER MAJORITY THEN?" ATTORNEY GARGANESE STATED, "YES, WE CAN
USE TWO- THIRDS."
MAYOR LACEY SUMMARIZED THE MOTION AND STATED, "MOTION IS TO ENFORCE A 10:00
P.M. CURFEW ON ALL OUR APPOINTED BOARDS, SUBJECT TO A TWO- THIRDS SUPER -
MAJORITY OVERRIDE BY THAT BOARD TO EXTEND."
VOTE:
COMMISSIONER BROWN: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER RESNICK: AYE
DEPUTY MAYOR HOVEY: AYE
COMMISSIONER BONNER: AYE
MOTION CARRIED.
City Clerk Lorenzo - Luaces spoke of Resolutions being given to Elected Officials and Board and Committee
Members after they leave Office. Continuing, City Clerk Lorenzo - Luaces also mentioned situations in the past
which involved Board/Committee Members who left Office for situations like lack of attendance, etc, and asked
what the City Commission would prefer going forward.
Commissioner Brown remarked, "I would like to continue with the Resolutions of Appreciation for the Board
Members. Regarding Board Members that are removed, I think that should be a case by case basis."
Commissioner Krebs stated, "I agree." No objections were noted.
Mayor Lacey mentioned a reference to a City Commission Meeting in January 2007 when the podium in the
Commission Chambers was moved to the opposite side from where it is now. With discussion on pros and cons
and some impromptu moving of the podium to see how it would look, Mayor Lacey suggested, "How about for
the next meeting, we experiment with whatever choice is the Commission's preference, and see how it goes."
Tape 3 /Side A
Manager Smith asked why the City Commission has to a have a Roll Call on Motions to read by `Title' only.
Mayor Lacey stated, "The Charter requires that everything be a Roll Call Vote, unless it is a procedural matter. I
would submit to you that reading by `Title' only is a procedural matter; and Motions to Postpone - Points of
Order, things like that are procedural matters and by Charter, it would be perfectly acceptable for those to be — all
in favor — 'AYE'... all opposed, `NAY'." Mayor Lacey then asked Attorney Garganese, "Do you see any legal
reasoning that voids that ?" Attorney Garganese stated, "I think you can do that."
On a related note, regarding any possible issues with not being able to hear what was said, Mayor Lacey stated,
"As a matter of practice, I would only do it if we had a unanimous Vote. If we had any dissent, then we would
have the Roll Call Vote, so she could record it as a unanimous Vote." Commissioner Krebs stated, "That sounds
good." Commissioner Brown added, "Isn't the Mayor able to just say, `Without objection' — and if there is no
objection, you go." Attorney Garganese remarked, "Yes, we can try that as well."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR M EETIN G — JANUARY 24, 2011 PAGE 27 OF 27
Mayor Lacey pointed out, "The Consent Agenda, which is by its definition, by Consent, I think you srill need an
actual Vote to Approve — I think I would feel more comfortable with a Roll Call on something like that."
Attorney Garganese noted, "On the issue of reading it by `Title' only, if there aren't any objections by the
Commission, we can ldnd of move it along." Mayor Lacey stated, "Okay, we will try that."
Discussion ensued on Approving the Informational Agenda and with comments, it was agreed that the current
process be followed.
ADJOURNMENT
Mayor Lacey adjourned the Regular Meeting at 8:25 p.m.
RESPECTFULLY SUBMITTED:
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LORENZO-LUACES, MMC
CITY C ERK
APPRO �ED:
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NOTE: These Minutes were appmved at the February 14, 20ll Ciry Commission Regular Meeting.