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HomeMy WebLinkAbout2011 06 27 City Commission Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES REGULAR MEETING MONDAY, JUNE 279 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 - JUNE 27, 2011 PAGE 2 OF 27 CALL TO ORDER The Regular Meeting of Monday, June 27, 2011 of the City Commission was called to Order by Mayor Charles Lacey at 5:16 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, followed by the Pledge of Allegiance. 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 Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And All eAlert/eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. 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. Community Development Department — Planning Division REQUEST: Providing Information To The City Commission Regarding The History Of Excelsior Business Park. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2011 PAGE 3 OF 27 FISCAL IMPACT: None. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And All eAlert/eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. No discussion. INFORMATIONAL 102. Parks And Recreation Department REQUEST: Wishes To Inform The City Commission On The Status Of The 2011 Celebration Of Freedom Planning. FISCAL IMPACT: • Attachment 1 Is A Projected Budget For The 2011 Celebration Of Freedom. The Projected Budget Totals $26,545.00. Included In This Total Is $10,000.00 For The Fireworks Show And Police And City Overtime Which Is Projected To Total $6,000.00. The 2010 Celebration Of Freedom Expenses Totaled $27,365.00. • Staff Is Continuing To Evaluate Options To Lower Expenses And Increase Efficiency Of Operations. • The Parks And Recreation Department Is Projecting A Total Of 10 Hours Of Overtime Being Used By Our Department For The Event. Most Staff Will Work The Regular S Hour Day. • At This Time Parks And Recreation Staff Are Working With The Orlando Sentinel On Gaining Sponsorships For The 2011 Celebration Of Freedom. A Projected Total Of Sponsorship Funds To Be Raised Is $46,000.00 With 50% Paid To The City. The Goal Is For The City To Receive A Total Of $23,000.00 In Sponsorships For The 2011 Celebration Of Freedom. As Of June 20, 2011, Total Sponsorship Funds Committed Is $17,500.00 With 50% Being Paid To The City Of Winter Springs. Remaining Costs, If Any, For The Event Will Be Covered By Reducing Expenditures And/Or Revenues Received Through Vendor Booths. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2011 PAGE 4 OF 27 COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And All eAlert/eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Parks And Recreation Recommends That The City Commission Receive And Review The Information Presented. There was no discussion on this Agenda Item. "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CONSENT AGENDA CONSENT 200. Office Of The City Clerk REQUEST: Requests That The City Commission Review And Approve Resolution Number 2011-26 Offering Their Appreciation For The Service Of Mr. Ben McMahan As A Recent Member Of The Board Of Trustees. FISCAL IMPACT: There Is No Fiscal Impact With Approval Of Resolution Number 2011-26. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner's Associations/ Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item With Any Interested Individuals RECOMMENDATION: The City Clerk Is Requesting That The City Commission Review And Approve Resolution Number 2011-26. Upon Approval Of This Resolution, The City Clerk Will Then Contact Mr. McMahan Regarding An Official Presentation In His Honor By The Mayor And City Commission. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2011 PAGE 5 OF 27 CONSENT 201. Office Of The City Clerk REQUEST: Requests That The City Commission Review And Approve Resolution Number 2011-27 Offering Their Appreciation For The Service Of Ms. Lidya Gongage As A Recent Member Of The Tuscawilla Lighting And Beautification District Advisory Committee. FISCAL IMPACT: There Is No Fiscal Impact With Approval Of Resolution Number 2011-27. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner's Associations/ Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Clerk Is Requesting That The City Commission Review And Approve Resolution Number 2011-27. Upon Approval Of This Resolution, The City Clerk Will Then Contact Ms. Gongage Regarding An Official Presentation In Her Honor By The Mayor And City Commission. This Agenda Item was not discussed. CONSENT 202. Community Development Department REQUEST: Requesting That The City Commission Approve Resolution Number 2011-25 Recognizing The Retirement Of Michael W. Mingea From The Position Of City Arborist. FISCAL IMPACT: There Is No Fiscal Impact If Resolution Number 2011-25 Is Approved. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And All eAlert/eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: It Is Recommended That The City Commission Approve Resolution Number 2011-25 In Recognition And Honor Of Community Development Department Employee Michael W. Mingea And His 12 Years Of Dedicated Service To The City Of Winter Springs. No discussion. CITY OF WINTER SPRINGS, FLORMA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2011 PAGE 6 OF 27 CONSENT 203. Finance And Administrative Services Department REQUEST: Requests That The City Commission Approve Resolution Number 2011-24 Recognizing The Retirement Of Finance And Administrative Services Department Employee Mary Wilson. FISCAL IMPACT: There Is No Fiscal Impact If Resolution Number 2011-24 Is Approved. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And All eAlert/eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been Posted Outside City Hall; Pasted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. This Agenda Item Is Also Available To Any New Individual Requestorrs. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: It Is Recommended That The City Commission Approve Resolution Number 2011-24 In Honor Of Finance And Administrative Services Department Employee Mary Wilson And Her 37 Years Of Dedicated Service To The City Of Winter Springs. There was no discussion on this Agenda Item. CONSENT 204. Police Department REQUEST: Requests The City Commission Review And Approve Resolution 2011-21 Recognizing The Retirement Of Police Department Employee Cpl. (Corporal) David R. Smith. FISCAL IMPACT: There Is No Fiscal Impact Associated With Approval Of This Resolution. COMMUNICATIONS EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And All eAlert/eCitizen Recipients And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas Or Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: It Is Recommended That The City Commission Approve Resolution Number 2011-21 In Honor Of Police Department Employee Cpl. (Corporal) David R. Smith And His 14 Years Of Dedicated Service To The City Of Winter Springs. No discussion. CITY OF WINTER SPRINGS, FLORMA MINUTES CITY COMMISSION REGULAR MEETING - NNE 27, 2011 PAGE 7 OF 27 CONSENT 205. Police Department REQUEST: Requests The City Commission Review And Approve Resolution 2011-22 Recognizing The Retirement Of Police Department Employee Cpl. (Corporal) Robert W. Cable. FISCAL IMPACT: There Is No Fiscal Impact Associated With Approval Of This Resolution. COMMUNICATIONS EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And All eAlert/eCitizen Recipients And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas Or Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: It Is Recommended That The City Commission Approve Resolution Number 2011-22 In Honor Of Police Department Employee (Corporal) Investigator Robert W. Cable And His 23 Years Of Dedicated Service To The City Of Winter Springs. This Agenda Item was not discussed. CONSENT 206. Police Department REQUEST: Requests The City Commission Review And Approve Resolution 2011-23 Recognizing The Retirement Of Police Department Employee Cpl. (Corporal) Louis R. Custidero. FISCAL IMPACT: There Is No Fiscal Impact Associated With Approval Of This Resolution. COMMUNICATIONS EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And All eAlert/eCitizen Recipients And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas Or Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: It Is Recommended That The City Commission Approve Resolution Number 2011-23 In Honor Of Police Department Employee Cpl. (Corporal) Louis R. Custidero And His 13 Years Of Dedicated Service To The City Of Winter Springs. No discussion. CITY OF WINTER SPRINGS, FLORMA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2011 PAGE 8 OF 27 CONSENT 207. Police Department REQUEST: Requests The City Commission Review And Approve Resolution 2011-28 Recognizing The Retirement Of Police Department Employee Ellen Simpson. FISCAL IMPACT: There Is No Fiscal Impact Associated With Approval Of This Resolution. COMMUNICATIONS EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And All eAlert/eCitizen Recipients And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas Or Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: It Is Recommended That The City Commission Approve Resolution Number 2011-28 In Honor Of Police Department Employee Ellen Simpson And Her 23 Years Of Dedicated Service To The City Of Winter Springs. There was no discussion on this Agenda Item. CONSENT 208. Police Department REQUEST: Requests The City Commission Review And Approve Resolution 2011-31 Recognizing The Retirement Of Police Department Employee Capt. (Captain) Joseph A. Riddick. FISCAL IMPACT: There Is No Fiscal Impact Associated With Approval Of This Resolution. COMMUNICATIONS EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And All eAlert/eCitizen Recipients And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas Or Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: It Is Recommended That The City Commission Approve Resolution Number 2011-31 In Honor Of Police Department Employee Capt. (Captain) Joseph A. Riddick And His 24 Years Of Dedicated Service To The City Of Winter Springs. No discussion. CITY OF WINTER SPRINGS, FLORMA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2011 PAGE 9 OF 27 CONSENT 209. Police Department REQUEST: Requests The City Commission Review And Approve Resolution 2011-32 Recognizing The Retirement Of Police Department Employee Capt. (Captain) Glenn E. Tolleson. FISCAL IMPACT: There Is No Fiscal Impact Associated With Approval Of This Resolution. COMMUNICATIONS EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And All eAlert/eCitizen Recipients And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas Or Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: It Is Recommended That The City Commission Approve Resolution Number 2011-32 In Honor Of Police Department Employee Capt. (Captain) Glenn Tolleson And His 25 Years Of Dedicated Service To The City Of Winter Springs This Agenda Item was not discussed. CONSENT 210. Public Works Department REQUEST: Requesting Authorization To Enter Into A Right Of Entry Agreement With The St. Johns River Water Management District For Access To Complete Construction Of The Solary Canal Regional Stormwater Treatment Area. FISCAL IMPACT: The Project Construction Is Funded Entirely By The St. Johns River Water Management District, And The Right Of Entry Agreement Has No Fiscal Impact On The City. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And All eAlert/eCitizen Recipients, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2011 PAGE 10 OF 27 RECOMMENDATION: Staff Recommends The City Commission Provide Authorization To Enter Into A Right Of Entry Agreement With The St. Johns River Water Management District For Access To Complete Construction Of The Solary Canal Regional Stormwater Treatment Area, And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. No discussion. CONSENT 211. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The June 13, 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 Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner's Associations/ Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item With Any Interested Individuals RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The June 13, 2011 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2011 PAGE I I OF 27 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The City Manager REQUEST: Presentation Of Resolution Number 2011-25 Recognizing Mr. Mike Mingea For His 12 Years Of Dedicated Service As An Employee Of The City Of Winter Springs And Expressing Our Appreciation On Behalf Of The Mayor And City Commission, City Manager, City Staff, And The Citizens Of The City Of Winter Springs. Addressing those in attendance, Resolution 2011-25 was read by Mayor Lacey. Joining Mayor Lacey for the Presentation included the City Commission and City Manager Kevin L. Smith. Mr. Mike Mingea was commended and congratulated for his dedicated service and contributions to the City. AWARDS AND PRESENTATIONS 301. Office Of The City Manager REQUEST: Presentation Of Resolution Number 2011-24 Recognizing Ms. Mary Wilson For Her 37 Years Of Dedicated Service As An Employee Of The City Of Winter Springs And Expressing Our Appreciation On Behalf Of The Mayor And City Commission, City Manager, City Staff, And The Citizens Of The City Of Winter Springs. Mayor Lacey read Resolution 2011-24 in honor of Ms. Mary Wilson. Mayor Lacey, the City Commission, and Manager Smith were included in this Presentation. Ms. Wilson was recognized and thanked for her dedication and many, many years of devoted service to the City of Winter Springs. AWARDS AND PRESENTATIONS 302. Office Of The City Manager REQUEST: Presentation Of Resolution Number 2011-21 Recognizing Corporal Dave R. Smith For His 14 Years Of Dedicated Service As An Employee Of The City Of Winter Springs And Expressing Our Appreciation On Behalf Of The Mayor And City Commission, City Manager, City Staff, And The Citizens Of The City Of Winter Springs. Resolution 2011-21 in recognition of Corporal Dave R. Smith was presented by Mayor Lacey; who was accompanied by the City Commission and Manager Smith. Corporal Smith was honored and commended for his contributions of service and dedication to the City. AWARDS AND PRESENTATIONS 303. Office Of The City Manager REQUEST: Presentation Of Resolution Number 2011-22 Recognizing (Corporal) Investigator Robert W. Cable For His 23 Years Of Dedicated Service As An Employee Of The City Of Winter Springs And Expressing Our Appreciation On Behalf Of The Mayor And City Commission, City Manager, City Staff, And The Citizens Of The City Of Winter Springs. Addressing those in attendance, and accompanied by the City Commission and Manager Smith, Mayor Lacey presented Resolution 2011-22 to (Corporal) Investigator Robert W. Cable. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2011 PAGE 12 OF 27 (Corporal) Investigator Cable was thanked and commended for his contributions and loyalty to the City of Winter Springs. AWARDS AND PRESENTATIONS 304. Office Of The City Manager REQUEST: Presentation Of Resolution Number 2011-23 Recognizing Corporal Louis R. Custidero For His 13 Years Of Dedicated Service As An Employee Of The City Of Winter Springs And Expressing Our Appreciation On Behalf Of The Mayor And City Commission, City Manager, City Staff, And The Citizens Of The City Of Winter Springs. Resolution 2011-23 was presented to Corporal Louis R. Custidero by Mayor Lacey, the City Commission, and Manager Smith. Corporal Custidero was acknowledged for his commitments and dedication to the City. AWARDS AND PRESENTATIONS 305. Office Of The City Manager REQUEST: Presentation Of Resolution Number 2011-28 Recognizing Ms. Ellen Simpson For Her 23 Years Of Dedicated Service As An Employee Of The City Of Winter Springs And Expressing Our Appreciation On Behalf Of The Mayor And City Commission, City Manager, City Staff, And The Citizens Of The City Of Winter Springs. Ms. Ellen Simpson was presented with Resolution 2011-28 by Mayor Lacey, the City Commission, and Manager Smith. With much appreciation, Ms. Simpson was recognized for her enthusiasm and many years of heartfelt service to the City of Winter Springs. AWARDS AND PRESENTATIONS 306. Office Of The City Manager REQUEST: Presentation Of Resolution Number 2011-32 Recognizing Captain Glenn Tolleson For His 25 Years Of Dedicated Service As An Employee Of The City Of Winter Springs And Expressing Our Appreciation On Behalf Of The Mayor And City Commission, City Manager, City Staff, And The Citizens Of The City Of Winter Springs. Addressing those in attendance, Captain Glenn Tolleson was honored with a presentation of Resolution 2011-32 by Mayor Lacey, the City Commission, and Manager Smith. Captain Tolleson was acknowledged for his commitment and many years of earnest service to the City. Mayor Lacey called a Recess at S: 40 p.m. The City Commission Regular meeting reconvened at S: 47 p.m. CITY OF WINTER SPRINGS, FLORMA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2011 PAGE 13 OF 27 ❖ ❖ AGENDA NOTE: THE FOLLOWING REPORTS WERE GIVEN IN THE ORDER AS DOCUMENTED. ❖ ❖ REPORTS REPORTS 401. Office Of The City Manager — Kevin L. Smith Manager Smith stated, "We are in the process of completing our Fiscal Year 2012 Budget document, just basically putting the document together. You will have that document in your Dropboxes tomorrow, end of business." REPORTS 402. Office Of The City Clerk — Andrea Lorenzo-Luaces, MMC No Report. REPORTS 403. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Gary Bonner advised the City Commission that he attended last week's U.S. Highway 17/92 Community Redevelopment Agency/Redevelopment Planning Agency meeting and mentioned that their Budget should permit funding for various projects going forward. Commissioner Bonner added, "I continue to work with Staff to identify potential candidates to receive these funds." REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese remarked, "Tomorrow, Seminole County Commission takes up a responding Resolution to the initiating Resolution Adopted by the Commission regarding the proposed Annexation of Enclaves. So that is the next step in the process. If they approve the Resolution, we'll commence negotiations of hopefully an Interlocal Agreement to address the Enclave issue further." With further comments, Attorney Garganese remarked that he planned to attend the Seminole County Board of County Commissioners meeting in case of any questions. REPORTS 404. Office Of Commissioner Seat Four — The Honorable Cade Resnick "I WOULD LIKE TO REQUEST TO THE COMMISSION TO APPROVE CAROLYN WOLF" AS THE SEAT FOUR APPOINTMENT TO THE TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORMA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2011 PAGE 14 OF 27 VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Next, Commissioner Cade Resnick mentioned that he was asked by Chairman Brenda Carey, Seminole County Board of County Commissioners if he was planning to attend tomorrow's Seminole County meeting on SunRail. Commissioner Resnick and also Mayor Lacey commented that they both planned to attend this meeting. Commissioner Resnick then brought up the opening on the MetroPlan Orlando's Citizen Advisory Committee that had been discussed at a recent City Commission meeting, and suggested that former Mayor John Bush be nominated to serve in this capacity on the MetroPlan Orlando's Citizen Advisory Committee. MOTION TO APPOINT JOHN BUSH TO THE METROPLAN ORLANDO'S CITIZEN ADVISORY COMMITTEE. MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER BONNER. DISCUSSION. MANAGER SMITH ADDED, "I WOULD SUGGEST IF THIS BODY IS OF THE MINDSET TO APPOINT FORMER MAYOR BUSH, THAT YOU MOVE FORWARD WITH THAT AND - IF THERE ARE ANY ISSUES, WE'LL BRING THOSE BACK TO YOU." ADDITIONAL COMMENTS FOLLOWED ON WINTER SPRINGS ADVISORY BOARD AND COMMITTEE MEMBERS WHO MENTIONED THEY WOULD BE INTERESTED IN SERVING ON THE METROPLAN ORLANDO'S CITIZEN ADVISORY COMMITTEE. MAYOR LACEY SUMMARIZED, "WE HAVE A MOTION BY COMMISSIONER RESNICK TO NOMINATE JOHN BUSH TO THE METROPLAN (ORLANDO'S) CITIZEN ADVISORY COMMITTEE." FURTHER DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. Mayor Lacey said to City Clerk Andrea Lorenzo-Luaces, "Would you notify him please?" City Clerk Lorenzo- Luaces agreed to do this. Next, Commissioner Resnick commented on the Krewe of Leaders organization and mentioned their leader is "Stating some of the things that are City driven, yet I don't believe that. In speaking with Kevin (Smith), this board hasn't given our consent to do that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JUNE 27, 2011 PAGE 15 OF 27 Attorney Garganese explained, "The Commission is the one that makes Policy decisions for the City. As I understand it, there was an issue involving potential use of the City Seal. The permission to use the City Seal in any outside event other than official City business requires a Resolution be Adopted by the City Commission authorizing the use so in that respect, certainly the Commission has to have a say in that decision." Manager Smith commented on Special Events and what had been approved by the City Commission. Manager Smith added, "Specifically, we'd like to bring you all an Agenda Item to let you know what's going on because there might be a reason that you all did not want to support that event. Maybe the cost is something that we don't want to entertain." Commissioner Resnick asked, "As a group up here, do we want to discuss some of the things that have been requested, or should I just hand them to the Manager and have him just try to get a hold of her and discuss them with her." Commissioner Joanne M. Krebs stated, "I don't think we should discuss anything until it has been presented to us." Mayor Lacey added, "I would prefer that whatever the request is, it be presented through Staff and come back to us in that manner." Commissioner Resnick said to Manager Smith, "I will get with you and hand this all to you." REPORTS 405. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Brief comments. Commissioner Krebs noted, "I am going to miss those people that we said good bye to today." Mayor Lacey added, "Indeed." REPORTS 406. Office Of The Mayor — The Honorable Charles Lacey Mayor Lacey brought up an email related to no smoking in Central Winds Park and asked Attorney Garganese to address this. Attorney Garganese commented on some Attorney Opinions and noted, "As it stands right now, it appears the Law is the City would be preempted by State Law from prohibiting smoking in public parks." Discussion followed on signage and issues with smoking in Central Winds Park. Tape 1/Side B With further comments, Commissioner Krebs asked if there could be a designated place for smoking. Attorney Garganese stated, "I would have to look at that issue. But that might be a possibility." Commissioner Krebs inquired, "Could we ask the Attorney to check that?" Mayor Lacey added, "I think we do need to look into whether those signs are correct. And then there is the second question that Commissioner Krebs has raised - do we want the City Attorney to look into further areas that we can regulate smoking. Is there a Consensus of the Commission — to pursue with what Commissioner Krebs suggested?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2011 PAGE 16 OF 27 Commissioner Krebs noted she supported this. Commissioner Resnick remarked, "I can go with that." Deputy Mayor Jean Hovey stated, "Yes." Other Commissioners nodded they were in favor. No objections were voiced. Continuing his Report, Mayor Lacey commented on attending a recent meeting of the Business Advocacy Group and mentioned some efforts they were considering. Mayor Lacey then commented on an email from a resident who had concerns about an Orlando Sentinel article related to possible closing of some Seminole County schools. Mayor Lacey asked the City Clerk to send a link on this article to the City Commission. Mayor Lacey mentioned he had been in touch with Seminole County School Board members on this matter and suggested that any Commissioners who also wanted to follow up, could do so. REPORTS 407. Office Of Commissioner Seat One/Deputy Mayor — The Honorable Jean Hovey No Report. REPORTS 408. Office Of Commissioner Seat Two — The Honorable Rick Brown Commissioner Brown mentioned that he had been selected as a Delegate for the upcoming Republican Convention. Secondly, Commissioner Brown remarked about a change in his schedule. PUBLIC INPUT No one addressed the City Commission. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department — Planning Division REQUEST: Requests The City Commission Review And Adopt On Second Reading Ordinance 2011-06, Which Repeals The 3,500 Square Foot Maximum Tenant Area In The CC (Commerce Center) Zoning District, And Permits A 7,500 Square Foot Maximum Tenant Area In The CC (Commerce Center) Zoning District Without The Need For Conditional Use Approval. FISCAL IMPACT: The Fiscal Impact Should Be Positive By Retaining These Small Local Businesses And Encouraging The Addition Of New Small Businesses In The CC (Commerce Center) Zoning District With More Flexible Regulations. CITY OF WINTER SPRINGS, FLORMA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2011 PAGE 17 OF 27 COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And All eAlert/eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff And The Planning And Zoning Board Recommend Approval Of Second Reading And Adoption Of Ordinance 2011-06. Attorney Garganese read Ordinance 2011-06 by "Title" only. 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. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department — Planning Division REQUEST: Requests The City Commission Hold A Public Hearing To Consider: 1) A Conceptual Plan For 171 Townhomes Which Modifies The Approved 185 Unit Final Engineering Plan For The Former Jesup's Landing Townhome Development And, 2) A Special Exception To Section 20-324. (5) Of The Town Center Code To Permit A Deviation That Would Allow A Finished First Floor Height Of Less Than The Required Minimum Of Two (2) Feet Above Sidewalk Grade For The Proposed Mattamy Homes Project Located On The Property Formerly Known As Jesup's Landing. FISCAL IMPACT: The Potential Tax Revenue Of The Proposed Project Is As Follows: Townhomes (171 Units) Units (2,155 Square Foot Average) Assessed At $90JSquare Foot: (2,155 x 90=193.9950 x 171 Units = $33,165,450.00) $33,165,450/1000 = 33,165.45 33,165.45(2.5814) = $85,613.29 $85,613.29 (Less The 4% Statutory Discount) _ $33,165,450.00Assessed Tax Value $82,188.76 Tax Revenue CITY OF WINTER SPRINGS, FLORDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2011 PAGE 18 OF 27 Taxes Paid On Vacant Land Now (Data Obtained From Seminole Countv Property Aanraiser $4000.00 Assessed Per Platted Lot: (185 Platted Lots x 4000/Unit = $740,000.00) $740,000.00 Assessed Tax Value 740,000/1000 = 740 740 x 2.5814 = $1,910.23 $1,910.23 Tax Revenue Total Potential Tax Revenue: $84,098.99 (82188.76 + 1910.23 = 84098.99) COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And All eAlert/eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. The Applicant Sent Out Flyers Via US Mail To The Neighboring Property Owners On May 15, 2011. The City Of Winter Springs Community Development Department Sent Out Letters To The Surrounding Property Owners On May 24, 2011, And June 16, 2011, And Posted The Property On May 25, 2011. RECOMMENDATION: Staff Recommends That The City Commission Approve: 1) A Conceptual Plan For 171 Townhome Units Which Modifies The Approved 185 Unit Final Engineering Plan For The Former Jesup's Landing Townhome Development And, 2) A Special Exception To Section 20-324. (5) Of The Town Center Code To Permit A Deviation That Would Allow A Finished First Floor Height Of Less Than The Required Minimum Of Two (2) Feet Above Sidewalk Grade For The Proposed Mattamy Homes Project Located On The Property Formerly Known As Jesup's Landing, Subject To Modifying The 2005 Development Agreement To Accommodate The Modified Development Program. Attorney Garganese began the discussion and stated, "Included in the Agenda Item is the draft Development Agreement. We're also requesting that the City Commission if they're inclined to approve this Conceptual Plan to also approve the Development Agreement and if we get to that point, I'd like to just make a few comments regarding the Development Agreement." Mr. Bobby Howell, AICP, Planner, Community Development Department commented on this Agenda Item. With further comments, Mr. Howell stated, "Staff recommends approval of the Conceptual Plan to modify the 185 unit Final Engineering Plan for Jesup's Landing - and a Special Exception to Section 20-324. (5) of the Town Center Code subject to modifying the 2005 Development Agreement to accommodate the modified development program." Mayor Lacey opened the "Public Input"portion of the Agenda Item. Mr. Frank Bracco, 427 Tradition Lane, Winter Springs, Florida: asked if any feedback had been returned back from residents. CITY OF WINTER SPRINGS, FLORMA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2011 PAGE 19 OF 27 Mr. Howell stated, "I have about three (3) or four (4) that came back `Return to Sender' but no feedback back from any of the people we sent letters to." Continuing with his comments, Mr. Bracco asked the City Commission to not approve this Development as he felt it was the wrong direction and remarked about concerns with public notices related to this project and potential traffic situations. Brief discussion followed on notices given to the public. Mayor Lacey closed the "Public Input" portion of the Agenda Item. Mr. David Evans, Evans Engineering, Inc., 719 Irma Avenue, Orlando, Florida: speaking on behalf of Mattamy Homes, Mr. Evans commented, "The plan that we have before us today which includes the Conceptual Plan and the Final Engineering Plan to come. We'll remove all the underground infrastructure, reshape the one (1) borrow pit that's on the bottom of this screen but the southwest corner of the property. The other pond stays as is and then obviously, all that infrastructure has to be put back in and new roads and then the building pads installed, based on their plan, based on their footprint." Furthermore, Mr. Evans explained, "We worked with Staff all along this process, because the Town Center Ordinance is something that we pay attention to." Attorney Garganese explained, "This project is entitled currently up to 185 units. They're requesting 171 units in this modified plan and there is an oversight in the title of the Agenda Item. It doesn't mention formally the Approval of the Development Agreement but the notices that did go out in the mail indicated that if the Concept Plan and the Special Exception were Approved, it would modify the previous 2005 Development Agreement. That notice was sent out. Also, the Agenda Item does have a copy of the proposed Development Agreement if the Commission approves the Concept Plan and the Special Exception. What I wanted to note is that if the Commission were to approve the Development Agreement along with the Concept Plan and Special Exception, this Development Agreement would be between the City and Mattamy Homes; it would not be recorded against the property at this time. The Development Agreement upon execution, would be held by my Office in Escrow, pending Mattamy Homes moving forward with the Plat and Final Engineering Approval process. And just to refresh everyone's memory, currently that this property has been platted and the roadways, and other areas have been dedicated to the City. And as you know, when Levitt and Sons went bankrupt, the City has an outstanding claim against the Surety for unfinished work on this project; so, the way this Agreement is structured, it's currently just between the City and Mattamy (Homes). At the time they finish, and they get their Final Plat Approval, Final Engineering Approval, and they post additional security for the revised Plat and Plans, then we have some other issues to consider; but and until they do that, the outstanding claim against the Surety will remain in abeyance pursuant to the previous agreement that the Commission has with the Surety. The other point that needs to be made is that in this Agreement that Mattamey would have — eighteen (18) months in which to proceed and complete the Plat and then Final Engineering process; and then two (2) years from today to get their Permits for all of their infrastructure, assuming that the Plat and the Final Engineering is Approved by the Commission on a timely basis." Further comments. Mayor Lacey pointed out, "If the Commission is so inclined to Approve the Concept Plan and the Special Exception, you would also ask them to Approve the Developer's Agreement that is included in the Agenda Item in the Motion tonight?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2011 PAGE 20 OF 27 Attorney Garganese said, "Yes." Attorney Garganese added that Staff's recommendation said, "If it's Approved, it's subject to modifying the 2005 Development Agreement. That modification is in your package as an Agreement between Mattamy (Homes) and the City. I wanted to note that for the Record." Discussion followed on Orange Avenue with Mr. Brian Fields, P.E., City Engineer, Public Works Department. Mayor Lacey asked, "Is there a Motion to Approve the three (3) items in `50I'T' "I WILL MAKE A MOTION THAT WE APPROVE ALL THREE (3)." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. MAYOR LACEY SUMMARIZED THE MOTION WAS "TO APPROVE THE CONCEPT PLAN, THE SPECIAL EXCEPTION, AND THE DEVELOPER'S AGREEMENT FOR ITEM `501'." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Office Of The Attorney REQUEST: Requests That The City Commission Consider The Two Options Presented Related To The Status Of The Oak Forest Advisory Committee Meetings, And Take Final Action. FISCAL IMPACT: There Will Be Some Cost Savings To The City Since The City Clerk's Office And Community Development Department Will Either Not Have To Staff Separate Advisory Committee Meetings For Issues Related To The Oak Forest Assessment District, Or Will Be Required To Staff Such Meetings Less Frequently, Depending On The Option Selected By The City Commission. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, Staff, And All eAlert/eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff is always willing to discuss this or any Agenda item with any interested individuals. RECOMMENDATION: The City Attorney's Office Recommends That The City Commission Consider The Two Options Attached To This Agenda Item And Take Final Action. Mayor Lacey began the discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — NNE 27, 2011 PAGE 21 OF 27 Mayor Lacey opened the "Public Input" portion of the Agenda Item. Dr. Judy Converso, 640 Cheoy Lee Circle, Winter Springs, Florida: as the Chairperson of the Oak Forest Wall and Beautification District Advisory Committee, Chairperson Converso commented that the Committee felt that resident input was very helpful, and the Committee preferred that the Oak Forest Wall and Beautification Advisory Committee meet at least once a year. Continuing, in regards to a previous personal request of Dr. Converso to possibly serve on another Board, Dr. Converso stated, "If that is the case, I want to withdraw any request to sit on more than one (1) Board." Mayor Lacey closed the "Public Input" portion of the Agenda Item. Discussion followed on the Committee; membership; how to best represent the residents of the Oak Forest community; and previous attendance records. Tape 2/Side A Further comments ensued on vacancies and applications on file from interested Oak Forest residents. Mr. Steve Richart, Urban Beautification Division Services Manager, Community Development Department addressed questions about the Assessment District; debt; beautification; and possible additional Assessments. Attorney Garganese explained, "Previously, the City Commission adopted a Home Rule Special Assessment Ordinance and that Ordinance permits the City Commission in the future to Adopt Assessment Districts. That Ordinance also provides that the City Commission can establish Advisory Committees or Assessment Districts — it says `may' establish, it's not mandatory. So, if the Commission were to decommission this particular Assessment District Committee at this time, the City Commission could reinitiate that Assessment District Advisory Committee in the future as well, by Resolution. It's your call on whether or not you think an Advisory Committee for this Assessment District or any other Assessment District is necessary." Discussion followed on the Appointment process for the Oak Forest Wall and Beautification Advisory Committee; that open vacancies could perhaps be included in the Oak Forest community newsletter; the Appointment process for other Boards and Committees and how to best fill vacancies; that the newly suggested annual meeting proposal of the Oak Forest Wall and Beautification Advisory Committee could be tried for a year to see how it works; serving the Oak Forest community; and citizen participation. Further comments. "I MAKE A MOTION TO PUT IT TO ONE (1) YEAR." MOTION BY COMMISSIONER KREBS WHO ADDED, "I WOULD LIKE TO SEE THAT IT AT LEAST GO TO ONE (1) MEETING A YEAR" MAYOR LACEY CONFIRMED WITH COMMISSIONER KREBS, "WOULD THAT BE A MOTION TO MOVE ORDINANCE 2011-09 TO A SECOND READING?" COMMISSIONER KREBS STATED, YES." SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. MAYOR LACEY STATED, "WE NEED A MOTION TO READ BY `TITLE' ONLY. IS THERE AN OBJECTION TO READING THE ORDINANCE BY `TITLE' ONLY?" COMMISSIONER KREBS COMMENTED, "NO." NO ONE NOTED ANY OBJECTIONS. MAYOR LACEY THEN SUMMARIZED BY SAYING, "NO OBJECTIONS." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2011 PAGE 22 OF 27 ATTORNEY GARGANESE READ ORDINANCE 2011-09 BY "TITLE" ONLY AND ADDED, "IF THIS ORDINANCE PASSES, A SPECIAL ASSESSMENT ADVISORY COMMITTEE WOULD ONLY HAVE TO MEET ONCE PER YEAR; AT LEAST AS A MINIMUM UNDER THE ORDINANCE. THEY COULD MEET MORE TIMES, IF NECESSARY." MAYOR LACEY SUMMARIZED, "THE MOTION IS TO MOVE ORDINANCE 2011-09 TO A SECOND READING." DEPUTY MAYOR HOVEY REAFFIRMED HER "SECOND." VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: NAY COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Public Works Department REQUEST: Requesting The City Commission Validate The Solid Waste Survey Results Entitling The Franchisee To Receive The Performance Bonus And Receive The Annual Staff Solid Waste Review. FISCAL IMPACT: The Survey Cost Of $2,829.00 Has Been Paid From The Solid Waste Fund. WastePro's Share Of The Survey Will Be Deducted From The $15,000.00 Performance Bonus For A Net Performance Bonus Of $13,585.50. The Current Residential Solid Waste Rate Of $18.10 Per Month Remains Unchanged Since 2006. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And All eAlert/eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To .City Staff, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. The Annual Survey Resulted In 432 Interviews With Residents Of Which 96.8% Were Satisfied With The Level Of Service. At The Request Of The Commission, The Survey Also Solicited Contact Information From Respondents Who Had Concerns, Questions Or Damaged Toters/Bins Who Were Then Contacted By City Staff And/Or WastePro Staff. CITY OF WINTER SPRINGS, FLORMA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2011 PAGE 23 OF 27 RECOMMENDATION: It Is Recommended That The City Commission Validate The Solid Waste Survey Results Entitling The Franchisee To Receive The Performance Bonus Of $13,585.50 Payable From The Solid Waste Fund And Also Accept The Annual Evaluation Report For WastePro For The Period Of March 1, 2010 — February 28, 2011 As Submitted By Staff. Mr. Tim Dolan, Regional Vice President, Waste -Pro of Florida, 3705 St. Johns Parkway, Sanford, Florida: briefly addressed the City Commission and introduced his colleague, Mr. Steve Lafferty, Assistant Division Manager, Orlando Division of Waste -Pro of Florida. Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Departments introduced this Agenda Item to the City Commission for discussion and commented on the Survey results and remarked about some issues of which most have been taken care of. Mr. Lockcuff added, "Some of them had the wrong phone number, what not. One thing we're going to do next year I think is get the address and alleviate the whole phone tag thing going back and forth. We'll just go out and fix the problem." With further discussion on damaged toters/bins, Mr. Lockcuff mentioned a new initiative related to a type of "Neighborhood Watch" program. Mayor Lacey said to Mr. Dolan, "I think Waste -Pro has shown themselves to be a great corporate citizen and I particularly commend you for the `Neighborhood Watch' program — something that I don't think you were required to do, but you volunteered, so I appreciate that." Further comments. Discussion ensued on damaged toters/bins, and missed pick-ups and lack of service related to certain holiday schedule service. On this last point, Mr. Dolan noted, "The commitment that we do make is for those times when we do have the holidays — whatever folks put out there after the holiday, even if it's in bags or somehow put out there, we'll still go ahead and take everything; and make sure it's cleaned up." Commissioner Krebs said to Mr. Dolan, "I just want to take the opportunity to thank you for being such a wonderful community partner." Discussion ensued about the number of citizen comments to the electronic sign message about replacing damaged recycle bins. MOTION TO ACCEPT THIS AGENDA ITEM "600" AND PAY THE PERFORMANCE BONUS. MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR LACEY SUMMARIZED, "WE HAVE A MOTION TO ACCEPT THE REPORT AND PAY THE PERFORMANCE BONUS TO WASTE -PRO (OF FLORIDA) OF THIRTEEN THOUSAND FIVE [HUNDRED] EIGHTY-FIVE [DOLLARS AND] FIFTY [CENTS] ($13,585.50)." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. Mr. Dolan added, "If there is anything we can do, just let us know." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2011 PAGE 24 OF 27 REGULAR 601. Office Of The City Manager And Community Development Department — Customer Service Division REQUEST: Request That The City Commission Consider Resolution 2011-29 Establishing An Economic Development Grant Fund And Application Process To Assist With The Payment Of Business Tax Receipts For Eligible Businesses Within The University Of Central Florida Incubation Business Program. FISCAL IMPACT: The Fiscal Impact Depends On The Amount Allocated To The Fund By The City Commission At Any Given Time. The UCF (University Of Central Florida) Incubation Business Program Currently Has Sixteen (16) Clients. The Annual City Fee For Each Commercial Business Tax Receipt Is $100.00. The Annual Seminole County Fee For Each Business Tax Receipt Is $25.00 For A Non -Regulated Business And $45.00 For A Regulated Business. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Attorney/Staff, And All eAlert/eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals RECOMMENDATION: The City Manager And Community Development Department - Customer Service Division Are Requesting That The City Commission Approve Resolution 2011-29 Establishing An Economic Development Grant Fund To Assist Eligible City Businesses Enrolled In The University Of Central Florida Incubation Business Program With Payment Of City And County Business Tax Receipt Fees. Mr. Stevenson commented on this Agenda Item and mentioned, "Pursuant to your direction at your last meeting, we are evaluating the feasibility of the expansion of this program to other businesses within the City. We're certainly taking a look at that right now and those details we'll be bringing back to you will include the intent of the program, the eligibility requirements for participation and the application, evaluation and approval process. The Staff is working through that at this point in time, and we'll be bringing that forward to you at a later date." Commissioner Bonner mentioned a conflict with an Incubator company. Commissioner Rick Brown also mentioned a conflict. "MOTION TO APPROVE ITEM `601'." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. VOTE: COMMISSIONER BONNER: ABSTAINED COMMISSIONER KREBS: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: ABSTAINED COMMISSIONER RESNICK: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2011 PAGE 25 OF 27 REGULAR 602. Office Of The City Manager REQUEST: Requesting That The City Commission Confirm That Mayor Charles Lacey Serve As Our "Voting Delegate"; While Also Nominating A Member Of The City Commission To Serve As Alternate - Representing The City Of Winter Springs At The Upcoming Florida League Of Cities Annual Conference. Additionally, The City Manager Is Asking If The City Commission Has Any Issues (Commemorative, Constitutional, Or Federal) They Wish To Be Brought Forward To The Florida League Of Cities In The Form Of A Resolution. FISCAL IMPACT: There Is No Fiscal Impact To This Agenda Item, As Presented. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Attorney/Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner's Associations/ Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item With Any Interested Individuals. RECOMMENDATION: It Is Recommended That The City Commission Confirm That Mayor Charles Lacey Would Be The City Of Winter Springs' "Voting Delegate". The City Commission Is Also Asked To Nominate A Member Of The City Commission As The Alternate For The 85th Florida League Of Cities Annual Conference, Being Held This August 11-13, 2011 In Orlando, Florida. Additionally, The City Commission Is Being Requested To Approve The City Manager And/Or The City Clerk To Complete The Required Documentation (As Shown In This Agenda Item) And Submit It. It Is Also Recommended That The City Commission Address Any Issues (Commemorative, Constitutional, Or Federal) They Would Like Considered In A Possible Resolution To Be Forwarded To The Florida League Of Cities; And If So, To Direct Staff To Prepare A Resolution And Forward To The Florida League Of Cities, With A Copy To The Mayor And City Commission. Mayor Lacey summarized that the Agenda Item referenced a suggestion that "I serve as the Voting Delegate at the Florida League of Cities Annual Conference in August." "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Further comments. CITY OF WINTER SPRINGS, FLORMA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 27, 2011 PAGE 26 OF 27 "I WOULD LIKE TO NOMINATE COMMISSIONER KREBS TO SERVE AS ALTERNATE." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR LACEY RECAPPED THE MOTION AS "TO NOMINATE COMMISSIONER KREBS AS THE ALTERNATE DELEGATE TO THE FLORIDA LEAGUE OF CITIES." VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 603. Office Of The City Clerk REQUEST: Requests That Appointment(s)/Reappointment(s) Related To The Terms Of Office Which Will Be Expiring In July 2011 For Members Of The Code Enforcement Board Be Considered And Ratified. FISCAL IMPACT: There Is No Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner's Associations/ Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item With Any Interested Individuals RECOMMENDATION: Appointment To Be Made By Commissioner Cade Resnick: Seat Currently Held By Leah Weisman — Code Enforcement Board (Ms. Weisman Does Not Wish To Be Reappointed) Appointment To Be Made By Mayor Lacey Or Any Commissioner: Seat Currently Held By Hugh Fisher — Code Enforcement Board (Mr. Fisher Does Wish To Be Reappointed) Brief comments followed on Reappointing Mr. Hugh Fisher to the Code Enforcement Board, to which Mayor Lacey stated, "I recommend it." CITY OF WINTER SPRINGS, FLORDA MINUTES CITY COMMISSION REGULAR MEETING — JUNE 27, 2011 PAGE 27 OF 27 "I WELL MAKE THE MOTION TO REAPPOINT HUGH FISHER — TO CODE ENFORCEMENT (BOARD)." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. "JAMES WENTZ" NOMINATED TO SERVE ON THE CODE ENFORCEMENT BOARD (REPLACING LEAH WEISMAN WHO DID NOT WISH TO BE RE -APPOINTED). MOTION BY COMMISSIONER RESNICK. MAYOR LACEY STATED, "SECONDED BY COMMISSIONER KREBS." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 7:38 p.m. RESPE TFULLYSUBMIITED: L PMEN MMC CITY CWERK APPROVED: L EY NOTE: These Minutes were approved at the July 11, 2011 City Commission Regular Meeting. r FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME -MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE o^4.1S1Z G /t /2 % % . WiwreeA S/°4t*45 C / ry C oMro l ss i oj✓ MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 1581 Warrington Street WHICH ISERVEISAUNITOF: CITY COUNTY v"'TY ❑COUNTY ❑OTHERLOCALAGENCY Winter Springs Seminole NAME OF POLITICAL SUBDIVISION: City of Winter Springs City Commission DATE ON WHICH VOTE OCCURRED MY POSITION IS: ,,.,,� June 27, 2011 M'ELECTIVE 171 APPOINTIVE WHO MUST FILE FORM 86 JUL 1 1 2011 This form is for use by any person serving at the county, city, or other local level of government on an a wtetm3tsd#oaxdscouncil, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodi VIRE Fr; raawcFAAn voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) RECEIVED APPOINTED OFFICERS (continued) JUL 1 1 2011 CITY OF WINTER SPRINGS • A copy of the form must be provided immediately to the other members of the agency. OFFICE OF THE CITY CLERK • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, 64R\1 A 3a nNc2 , hereby disclose that on TveJX-' :2 % . 20 : (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate,_ inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Filed Cvw, `'L I C %--- %V s r� y 73 v s,,��' ss t j0 u j,:Z> !moo ,f c c. / Gam/ Sign NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 i FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAM - IRST NAME- E NA E NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: , ,1CITY ❑COUNTY ❑OTHERLOCALAGENCY CITY COUNTY � / //%/ Py �� Sk NAME OF POLITICAL SU DIVISIOr�y} _ / 01 DATE ON WHICH VOTE OCCURRED G MY POSITION - ELECTIVE APPOINTIVE WHO MUST FILE FORM 813 SUN 2 7 Nil This form is for use by any person serving at the county, city, or other local level of government on an apep q0-orvtff"9 quncil, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodieM&sari presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. :. . . . . . . . . . . . . . . . APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) RECEIVED APPOINTED OFFICERS (continued) JUN 2 7 2011 • A copy of the form must be provided immediately to the other members of the agency. CITY OF WINTER SPRINGS OFFICE OF THE CITY CLERK • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1. �% ram() (� f? hereby disclose that on an 2 % 20 1 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of, whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: 4Le)UI'DY Cre,a /nea,cS r S 6—.2-7— /j Date Filed by which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2