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HomeMy WebLinkAbout2011 08 22 Consent 204 Requesting Approval of the City Commission Regular Meeting Minutes of August 8, 2011CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES REG17LAR MEETING PIONDA , AUGUST 8, 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- AUGUST 8, 2011 PAGE 2 OF 21 CALL TO ORDER The Regular Meeting of Monday, August 8, 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 Gaty 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 lolling 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 101. Land Design Innovations, Inc. (City Consultant) REQUEST: Presenting The Summary Report For Economic Development Activities From June 26, 2011 Through July 26, 2011. The Information In This Agenda Item Will Be Verbally Presented Under Item 300 At The August 8, 2011 City Commission Meeting. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- AUGUST 8, 2011 PAGE 3 OF 21 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. There was no discussion on this Agenda Item. "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BONNER. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. ❖ ❖ AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE DISCUSSED, BUT NOT NECESSARILY IN THE ORDER DOCUMENTED IN THESE MINUTES. ❖ ❖ CONSENT AGENDA CONSENT 200. Finance And Administrative Services Department REQUEST: Requests That The City Commission Adopt Resolution No. (Number) 2011 -38 Amending The Fiscal Year 2010 -2011 Budget. FISCAL IMPACT: Set Forth In Attachment 1. 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 Applicable City Staff, eAlert /eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- AUGUST 8, 2011 PAGE 4 OF 21 RECOMMENDATION: Adopt Resolution No. (Number) 2011 -38 Amending The FY (Fiscal Year) 2010- 2011 Budget. No discussion. CONSENT 201. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Requesting The Commission Adopt Bond Resolution 2011 -36 To Accept The Proposal By BB &T Bank To Purchase The City's, Not To Exceed $1,400,000.00, Improvement Refunding Revenue Bonds, Series 2011B To Refund All Of The City's Outstanding Improvement Refunding Revenue Bonds, Series 1999; And Authorize The City Manager And City Attorney To Execute All Necessary Documents To Complete A Loan Agreement With BB &T Bank. FISCAL IMPACT: Upon Acceptance Of The Refinancing Of The Improvement Refunding Revenue Bonds, Series 1999 By BB &T Bank The City Will Realize A Net Present Value Savings Of $136,565.00 (Net) (9.92 %) Over The Remaining 8 Years Until Final Maturity Of The BB &T Note On 10/1/2018. This Equates To A Savings For The General Fund Of $25,000.00 (Nominal) Annually. 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 Applicable City Staff, eAlert /eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Manager And Finance Department Recommend That The City Commission Accept The BB &T To Issue A Bank Note To Refund The Improvement Refunding Revenue Bonds, Series 1999 Not To Exceed $1,400,000.00, Adopt Resolution 2011 -36, And To Authorize The City Manager And City Attorney To Complete All Applicable Paperwork Necessary To Complete This Refinancing. There was no discussion on this Agenda Item. CONSENT 202. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Requesting The Commission Adopt Bond Resolution 2011 -37 To Accept The Proposal By BB &T Bank To Purchase The City's, Not To Exceed $3,731,000.00, Water And Sewer System Revenue Refunding Revenue Notes, Series 2011C To Refund All Of The City's Outstanding Water And Sewer Revenue Bonds, Series 2001; And Authorize The City Manager And City Attorney To Execute All Necessary Documents To Complete A Loan Agreement With BB &T Bank. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- AUGUST 8, 2011 PAGE 5 OF 21 FISCAL IMPACT: Upon Acceptance Of The Refinancing Of The Water And Sewer Revenue Bonds, Series 2001 By BB &T Bank The City Will Realize A Net Present Value Savings Of $410,752.29 (10.32 %) Over The Remaining 10 Years Until Final Maturity Of The BB &T Note On 10/1/2021. This Equates To A Savings For The Water And Sewer Fund Of $48,000.00 (Nominal) Annually. 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 Applicable City Staff, eAlert /eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Manager And Finance And Administrative Services Department Recommend That The City Commission Accept The BB &T Offer To Issue A Bank Note For The Purposes Of Refunding The Water And Sewer Revenue Bonds, Series 2001 Not To Exceed $3,731,000.00, Adopt Resolution 2011 -37, And To Authorize The City Manager And City Attorney To Complete All Applicable Paperwork Necessary To Complete This Refinancing. No discussion. CONSENT 203. Office Of The City Manager REQUEST: Requesting The Commission To Approve A Six -Month Contract With Todd Persons Communications For Purposes Of Providing Professional Public Relations /Communications Support To The City Of Winter Springs. FISCAL IMPACT: The Total Six -Month Contract Fee For Services Is $7,500.00, Paid In Monthly Installments. Initial Funding For This Contract Fee Would Be Via Current FY (Fiscal Year) 2011 Budget Savings, Thus No Additional Funding Is Required Or Requested. 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 Applicable City Staff, eAlert /eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- AUGUST 8, 2011 PAGE 6 OF 21 RECOMMENDATION: The City Manager Recommends That The City Commission Approve A Six - Month Contract For Professional Public Relations /Communications Services With Todd Person Communications In The Amount Of $7,500.00 And Authorize The City Attorney To Prepare And The City Manager To Execute Any And All Applicable Documents Required For This Purpose. Brief discussion ensued on this Agenda Item. In terms of this person's responsibilities, further comments followed on whether the person who is hired for the new Economic Development position could also handle these duties? City Manager Kevin L. Smith stated, "We will see. As this person comes forward and we see what we get and their skills set, then we'll review that. Having this person on an outsourced basis will give us the latitude to make that change very easily if it proves to be the case." CONSENT 204. Information Services Department REQUEST: Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. FISCAL IMPACT: There Is No Cost To Dispose Of These Surplus Assets. The City Receives Revenue Generated From Items Sold At Auction. COMMUNICATION EFFORTS: 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 Applicable City Staff, eAlert /eCitizen Recipients, 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; This Information 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Ahvays Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: It Is Requested That The City Commission Approve The Disposition Of The Attached List Of Surplus Assets. No discussion. CONSENT 205. Parks And Recreation Department REQUEST: Requests City Commission Approval For The Purchase Of A Hustler 7700 Reel Mower As A Replacement For Equipment That Is No Longer Operational. FISCAL IMPACT: Funds Are Budgeted In The FY (Fiscal Year) [20']10/[20'] 11 Budget And Available In P &R (Parks And Recreation) Line Code 7230 -64000 (Cap Ex- Equipment) For This Expenditure. Mower Will Increase Efficiency In Maintenance Operations, Saving Approx 7.5 Hrs (Hours) Per Week, Which Is A Savings Of $5,850.00 Annually. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- AUGUST 8, 2011 PAGE 7 OF 21 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 S'tccff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The Parks And Recreation Department Requests That The City Commission Approve The Purchase Of A Used Hustler 7700 Reel Mower, In The Amount Of $29,000.00. Brief discussion. CONSENT 206. Public Works Department REQUEST: Requesting Authorization To Execute Amendment 41 To The City's Agreement With The St. Johns River Water Management District For Funding 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 Amendment 41 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 lolling To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff Recommends The City Commission Provide Authorization To Execute Amendment 41 To The City's Agreement With The St. Johns River Water Management District For Funding 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. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- AUGUST 8, 2011 PAGE 8 OF 21 CONSENT 207. Utility Department REQUEST: Requesting Authorization For Emergency Repairs To Water Treatment Plant 41 Sustained From Lightning Damage. FISCAL IMPACT: The Total Cost For The Lightning Damage Is Estimated At $116,000.00. A Claim Has Been Filed With The League Of Cities Which Is Subject To A $1,000.00 Deductible. Approximately $35,000.00 Worth Of Replacement Parts Have Been Or Will Be Purchased And Installed By City Staff. Thompson Electric's Scope For The Remaining Work Is Estimated At $85,000.00. 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 Recommends That The Commission Authorize The City Manager To Waive The Bidding Procedure For The Water Plant 41 Emergency Repairs And Also Authorize The City Manager To Issue A Purchase Order To Thompson Electric Company For Up To $85,000.00 For Emergency Repairs Payable From The Utility Enterprise Fund. Insurance Reimbursement For All Out Of Pocket Expenses Is Anticipated From The City's Insurance Carrier Less The Deductible. Brief discussion ensued on this Agenda Item, including possible ramifications, and spending authority. Commissioner Joanne M. Krebs said, "In the future, you can alYVaN-s call an emergency Meeting — we have done that before." Further comments. CONSENT 208. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The July 21, 2011 City Commission Workshop 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 Applicable City Staff, eAlert /eCitizen Recipients, 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. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- AUGUST 8, 2011 PAGE 9 OF 21 This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The July 21, 2011 City Commission Workshop Minutes. No discussion CONSENT 209. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The July 25, 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 Applicable City Staff, eAlert /eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The July 25, 2011 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- AUGUST 8, 2011 PAGE 10 OF 21 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Land Design Innovations, Inc. — City Consultant REQUEST: Asking The City Commission To Receive A Presentation From Land Design Innovations, Inc. Updating The City Commission On Economic Development Efforts. (Follow Up Presentation From Informational Agenda Item "101 ".) Mr. John M. Jones, AICP, Senior Planner, Littlejohn Engineering Associates, 1770 Fennel ,Street ,Suite 200, Maitland, Florida: addressed the City Commission and noted a few incentive programs which would be coming before the City Commission in the "Next two (2) months." Commissioner Rick Brown asked Mr. Jones about the company he was representing, to which Mr. Jones stated, "`Littlejohn Engineering Associates' — that is an Engineering firm that acquired the company Januaiy I ", finalized July I" of this Near." Commissioner Brown added, "LDI (Land Design Innovations, Inc.) ?" Mr. Jones responded, "Yes." AWARDS AND PRESENTATIONS 301. Office Of The Chief Of Police REQUEST: Presenting A "Meritorius Action" Award From The Winter Springs Police Department. Chief of Police Kevin Brunelle, Police Department presented a "Meritorius Action" Award from the Winter Springs Police Department to Corporal Kevin Crager. Discussion. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese advised the City Commission that he may need to schedule an Attornev- Client Session in the next few weeks to discuss the status of the Surety Bond litigation involving Jesup's Landings. REPORTS 401. Office Of The City Manager — Kevin L. Smith No Report. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- AUGUST 8, 2011 PAGE 11 OF 21 REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC No Report. REPORTS 403. Office Of The Mayor — The Honorable Charles Lacey Mayor Lacey mentioned that he had attended a recent Seminole County Public Schools School Board meeting as directed by the City Commission; and at that Seminole County Public Schools School Board meeting, Mayor Lacey did share what our City Commission's comments were, and also provided a verbatim excerpt from the Winter Springs City Commission Regular meeting of July 25, 2012. Secondly, Mayor Lacey remarked about Millage Rates and TRIM (Truth in Millage) and noted, "Of the seven (7) cities in Seminole County, we're the oniv one that lowered our Mileage Rate." With further comments, Mayor Lacey added, "I am proud of Winter Springs." REPORTS 404. Office Of Commissioner Seat One /Deputy Mayor — The Honorable Jean Hovey Deputy Mayor Jean Hovey mentioned she attended a Seminole County Public Schools School Board meeting last week and commented that she had personally spoken with three (3) of the Seminole County Public Schools' School Board Members since last week. Next, Deputy Mayor Hovey mentioned a recent newspaper article which noted that Seminole County Supervisor of Elections Mike Ertel had deputized some personnel at Hagerty High School as Deputy Election Officials, so they could register students to Vote. Deputy Mayor Hovey complimented Mr. Ertel's "Thinking outside the box ". Deputy Mayor Hovey noted some calls and letters she had received about parking issues related to Code Enforcement. Chief of Police Kevin Brunelle, Police Department commented on City procedures and stated, "The Citation and the actual Code Enforcement Violation or the written Warning are two (2) separate things. If they receive an initial Warning, we tiv to go through the steps of educating them of why they re in Violation. The Citation is something totally separate from a Warning, and they both indicate — one will say this is a Citation that comes with a Fine; and then the written warnings or the Code Enforcement door hanger - there are a couple of waN-s we make them aware of that. So, a Citation is very, vein easy to see. It comes with either a fifty [dollar] ($50.00), seventy - five [dollar] ($75.00), hundred dollar ($100.00) Fine." Deputy Mayor Hovey then said to Chief Brunelle, "I will talk to you about this gentleman after the meeting." Deputy Mayor Hovey added that she had received some other telephone calls and written correspondence. Mayor Lacey asked that the letters that Deputy Mayor Hovey had received, be given to City Clerk Andrea Lorenzo - Luaces so that she could forward them to the Mayor and City Commission. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- AUGUST 8, 2011 PAGE 12 OF 21 REPORTS 405. Office Of Commissioner Seat Two — The Honorable Rick Brown Commissioner Brown noted some Code Enforcement related emails and added, "I was personally vein happy with the way that Captain (Chris) Deisler has handled that and he has got some positive comments in the community already, about the way that is happening; so, `Congratulations in putting him in that role' and he is already being effective and that is great to see. I think he will definitely command the respect of the public in his fair dealings with them, so thank you." Discussion followed on whether Seminole County Public Schools might consider going in with Seminole County on a future penny tax increase. Commissioner Brown then commented on his schedule. Next, Commissioner Brown mentioned that this Wednesday, August 10 "' 2011 at 5 p.m., he would be holding a Welcome Reception at Tijuana Flats in the Winter Springs Town Center for the new Director of Marketing for the Oviedo Winter Springs Regional Chamber of Commerce, and that everyone is welcome to attend. Continuing, Commissioner Brown noted that he had been contacted by a twelve (12) year old who co- founded an organization called "KISS" (Kids In Support of Soldiers). Commissioner Brown noted that their fast Bowl -A Thon is being held on August 20, 2011 and his company had been asked to participate with this organization. Commissioner Brown suggested that if anyone wanted contact information to email him. Further comments REPORTS 406. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Gaiv Bonner directed his comments to Mr. Shawn Boyle, Director, Finance and Administrative Services Department and offered his appreciation to "An employee who has again, done a super job in responding to a customer complaint" and added, "I do want to compliment Eileen (Garner) and her handling of the matter of Citizen Price and of the timely response and the timely resolution of that somewhat complicated billing matter. It is greatly appreciated. So, I want to extend my compliments to Eileen (Garner) and how well she handled that; and to you — I know you are leading your organization down that customer service path, so well done!" REPORTS 407. Office Of Commissioner Seat Four — The Honorable Cade Resnick Commissioner Cade Resnick noted also attending a Seminole County Public Schools meeting and commented on communication efforts and suggested we ask our citizens for their recommendations. Secondly, Commissioner Resnick commented on deputized Election Officials at High Schools. Further discussion followed on Seminole County Public Schools. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- AUGUST 8, 2011 PAGE 13 OF 21 REPORTS 408. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Brief comments. In other City business, Mr. Boyle presented the City's new Human Resources Specialist. Ms. Casey Clark, Human Resources Specialist, Finance and Administrative Services Department briefly addressed the Mayor and City Commission. PUBLIC INPUT No one addressed the City Commission. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Finance And Administrative Services Department And Office Of The City Attorney REQUEST: Request That The City Commission Hold A Public Hearing For The First Reading Of Ordinance No. (Number) 2011 -11, Which Amends Article II, Division 4 Of Chapter 19, Utilities, Of The City Code. FISCAL IMPACT: No Utility Rates Are Affected By This Ordinance. No Funding Is Necessary To Implement The Revisions Other Than The Advertising Costs Prior To Second Reading. As Presented In The May 9th (2011) Agenda Item (Regular 600): Application Fee Waiver — This Revision Would Decrease One -Time Application Fee Revenues (Presently $20.00 /Acct.; Approximately $1,500.00 /FY [Fiscal Year]) But Would Also Increase The Likelihood Of Timely Payment While Decreasing Staff Time On An Ongoing Basis. Late Fee Waivers - Although Staff Believes Penalty Revenues Would Be Somewhat Reduced (Estimated As Much As $8,000.00 /FY [Fiscal Year]), Staff Efficiency Would Increase As Would Goodwill With Those Customers Who Perceive The System To Be Unfair And Inflexible. `Cash Only' Status — This Revision Is Primarily A Convenience Issue For The Customer. While It Is Possible That Some Customers May Fall Back Into NSF (Non- Sufficient Funds) Status, The Prevailing Fees Would Serve As The Appropriate Consequence /Disincentive. Special Payment Arrangements — The Purpose Of This Revision Is To Work With The Customer Toward Payment Of Their Ongoing User Fees While Chipping Away At Their Outstanding Balance. Wide Utilization Of Payment Installments Will Not Exist, But To The Extent Utilized, Delinquent Account Balances Are Expected To Decline As Well As Disconnections And Accounts Being Sent To `Collections'. After -Hours Reconnection Fee — Revenues Would Increase In Order To Recover Additional And Incremental Costs Related To After - Hours' Reconnection Services. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- AUGUST 8, 2011 PAGE 14 OF 21 COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, 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 Applicable City Staff, eAlert /eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. Additionally, Advertisement In The Orlando Sentinel Is Anticipated For August 11, 2011 Prior To Second Reading. RECOMMENDATION: The Finance Department And City Attorney Recommend Approval Of The First Reading Of Ordinance 2011 -11 And Moving Said Ordinance Forward To The Second Reading. MOTION TO READ BY `TITLE' ONLY." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2011 -11 by "Title" only. Mr. Boyle began the discussion on this Agenda Item. Ms. Kelly Balagia, Budget Analyst, Finance and Administrative Services Department elaborated on a previous discussion point and noted, "The Commission had accepted Staff's recommendation that the City Manager or his designee be the determination of who would have to become a `Cash only customer'. Commissioner Krebs had suggested that we have objective criteria surrounding the term `Chronic returned payment histoiy' and Legal Counsel confirmed that. So, in light of the fact that we developed the objective criteria, it rendered unnecessaiv the City Manager having to make that determination. So, the waN- this is set up is the objective criteria would stand and it would direct someone to be a `Cash only customer'. Their appellate process would go through the City Manager or his designee." Manager Smith asked the City Commission if this matched their recollection. No objections were voiced. Ms. Balagia then said, "Other than that slight departure with that one, all the other revisions are as discussed." Mr. Bovle added, "Once the Ordinance has passed, then we will have a couple of other Resolutions." 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 MOVE (ORDINANCE 2011 -11) TO SECOND READING." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- AUGUST 8, 2011 PAGE 15 OF 21 VOTE: COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Finance And Administrative Services Department And Community Development Department REQUEST: Requesting That The City Commission Adopt Resolution 2011 -34, Authorizing The Submittal Of The Certificate To Non -Ad Valorem Assessment Roll, Assessment Summary And FY (Fiscal Year) 2011 -2012 Annual Assessment Roll For Tax Year 2011 Relating To The Oak Forest Assessment Area And The Tuscawilla Lighting And Beautification Assessment Area Phases I And II To The Seminole County Tax Collector By September 15, 2011. FISCAL IMPACT: The Annual Assessment Service Fees For NBS And Nabors Giblin Are Budgeted Costs In The Following Assessment District Funds And Do Not Adversely Impact The General Fund: • Oak Forest Maintenance Fund - 4191 • Oak Forest Debt Service Fund - 4214 (Previously 4192) • Tuscawilla Maintenance Fund - 4184 • Tuscawilla Debt Service Fund - Phase 14211 (Previously 4182) • Tuscawilla Debt Service Fund - Phase 2 4213 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 Applicable City Staff, eAlert /eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. Detailed Information Regarding The Tuscawilla Lighting And Beautification District And The Oak Forest Wall And Beautification District Special Assessment Programs, Including Annual Reports, Assessment Rates And Live Account Information By Parcel, Is Available To The Public Via The City's Website At: http : / /www.wintersi)rin2sfl.or2 /EN/ web / dept /cd /ub /urbanbeautification.html CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- AUGUST 8, 2011 PAGE 16 OF 21 RECOMMENDATION: It Is Recommended That The City Commission Adopt Resolution 2011 -34 Authorizing The Submission Of The Certificate To Non -Ad Valorem Assessment Roll, Assessment Summary And FY (Fiscal Year) 2011 -2012 Annual Assessment Roll For Tax Year 2011 Relating To The Oak Forest Wall And Beautification District And The Tuscawilla Lighting And Beautification Assessment Area — Phases I And II To The Seminole County Tax Collector By September 15, 2011. Mr. Boyle introduced this Agenda Item for discussion. Commissioner Brown mentioned he had met with Tuscawilla Lighting and Beautification District AdvISOIN- Committee Chairperson Maiv Brook and Mr. Steve Richart, Urban Beautification Services Division Manager, Community Development Department and stated, "It is my opinion and my opinion only, that it is somewhat incongruent to advertise and be proud of the fact that we lower Taxes and then come back and raise a Fee." Commissioner Brown added, "To me, Taxes, Fees, Assessments are all Taxes, one waN- or another." Commissioner Bonner also noted that he had met with Tuscawilla Lighting and Beautification District AdvISOIN- Committee Chairperson Brook and Mr. Richart who gave him a good understanding of the situation at hand. Commissioner Bonner agreed with Commissioner Brown and said, "The timing is not necessarily right to proceed with a Fee adjustment recommendation at this time. I would recommend that we further study this, drill into it a little bit deeper, and see if we can't come up with an alternative before we go back to the public with just a raise." Commissioner Bonner then remarked, "One of the points I did explore with them is whether or not there are more needs within the community and I walked awaN- with an understanding that there may veiv well be more needs within the community. So, one of the other things I would like to see our Board do is to explore the additional needs. One of the ones that we spent a little bit of time talking about was streetlighting. There are parts of our community and streets that are not currently served adequately by streetlighting." Commissioner Bonner spoke further about the safety and security of good streetlighting and added, "That is one of the things that I would like our Board to take a look at, is where we may have needs to expand that. Were we to subsequently reach a conclusion of expansion, there would be possibly the need to go back out to the body and explore an expansion of this special taxing in the future. So, if we end up going down that path, it might be more appropriate to address the total maintenance in the context of whether those needs exist in the future; and I think the reserve is adequate for the next twelve (12) months to give the Board the time to really study these broader issues and how that might govern our decisions for the future." Commissioner Krebs also noted that she had met with Tuscawilla Lighting and Beautification District AdvISOIN- Committee Chairperson Brook and Mr. Richart. Commissioner Krebs then commented that she wanted to know what the community thought; asked what if there is no increase; and inquired, "Do you actually need up to the one [hundred] twenty -eight [dollars] ($128.00) cap ?" Commissioner Resnick remarked that he too had met with Tuscawilla Lighting and Beautification District Advisory Committee Chairperson Brook; and commented about telephone calls and the Assessment. Deputy Mayor Hovey then spoke briefly on the Assessment. Discussion. Mayor Lacev asked Mr. Boyle, "Have you looked at what our payments on the Debt Service are, to see if the same kind of creativity you have brought to some of the other Bonds, can be used here so that we could perhaps lower the required Debt Service "" Mr. Boyle responded, "We are vetting that right now." Mayor Lacey then noted, "So, perhaps, given a year to look at it, there might be some creativity there that helps ?" Mr. Boyle said, "There could be." Further discussion CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING— AUGUST 8, 2011 PAGE 17 OF 21 Tape I Side B Manager Smith complimented the Tuscawilla Lighting and Beautification District Advismy Committee and noted, "Staff and I have had some conversations about this issue and we still have some issues that we'd like to flush out. We don't know that they will prove to be successful in reducing our cost, but we'd like to find out; so, I would ask this Board to consider maintaining the Rate at its current level for another Near to give Staff the opportunity to flush out a couple of options. Some of them have been alluded to here tonight — Fund Balance levels, debt restructuring, debt refinancing, to give us that opportunity to do that; report back to you during our Quarterly Financial reports as to the status. We may find that we have to come back to you and ask for this Rate increase next near." Mayor Lacey commented, "I am looking for a Motion to Approve Resolution 2011 -34 as presented or as Amended." "I WILL MAKE THE MOTION TO APPROVE THE ITEM AS AMENDED, WITH NOT INCREASING THE TUSCAWILLA MAINTENANCE FUND." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. MAYOR LACEY NOTED THE MOTION WAS TO, "APPROVE RESOLUTION 2011 -34 KEEPING THE TLBD (TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT) MAINTENANCE FUND AT ONE HUNDRED AND TWENTY DOLLARS ($120.00) PER E.R.U. (EQUIVALENT RESIDENT UNIT)." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. Commissioner Krebs said, "Thank you for what you do Maiv (Brook). Thank you veiN- much." Commissioner Bonner added, "Absolutely." REGULAR 601. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Requests The City Commission Consider The Health Insurance Proposal For FY (Fiscal Year) [20'] 12. FISCAL IMPACT: Due To Proactive Management Of Our Overall Personnel Compliment, If Both Plans And The New Subsidies Are Approved By The Commission The City's Health Care Cost Will Increase Annually By Approximately $18,000.00 (Currently Budgeted For FY [Fiscal Year] [20']12). We Estimate That This Cost Sharing Approach Will Begin To Reduce In The Cumulative Loss Ratio Which Is The Single Most Important Indicator Of Future Health Care Rate Increases. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- AUGUST 8, 2011 PAGE 18 OF 21 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 Applicable City Staff, eAlert /eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Manager Recommends That The City Commission Approve: 1) The Florida League Of Cities' Florida Municipal Insurance Trust /United Healthcare For FY (Fiscal Year) [20] 12, Based On Their Submitted Plans. 2) City Offer Two Plans 4 (Base) And 6 (Buy -Down) And The Recommended Subsidies. 3) Authorize For The City Attorney And City Manager To Prepare And Execute All Contracts And Documents Necessary To Facilitate The Above Recommendations. Mr. Bovle introduced this Agenda Item and stated, "Essentially what's occurred this Near that's different than the past, is we have gone to a cost share program with both the Plans that have been proposed." With further comments, Mr. Boyle pointed out that "Preventative care is provided at one hundred percent (100 %) under both Plans that we're proposing." Discussion continued on different Plans, Health Savings Accounts, Plan options, and Municipal Health Clinics. "I WILL MAKE A MOTION TO ACCEPT THE STAFF'S RECOMMENDATION." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. REGULAR 602. Office Of The City Attorney REQUEST: Presents Resolution 2011 -35 To The City Commission, Amending The Commission's Rules And Procedures To Permit Public Input At The Beginning And End Of City Commission Meetings. FISCAL IMPACT: None. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- AUGUST 8, 2011 PAGE 19 OF 21 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. RECOMMENDATIONS: Approve Resolution 2011 -35 Amending The Commission's Rules And Procedures To Permit Public Input At The Beginning And End Of City Commission Meetings, And Restating The Remaining Rules And Procedures. Attorney Garganese introduced this Agenda Item and proposed Resolution and said to the City Commission, "Based on vour direction, I made two (2) Amendments to the Commission Rules and Procedures. On `Page 4 of 7', under `Delegations.', - open forum, I added a sentence, `Delegations shall be scheduled at the beginning (after reports); and end of each Commission meeting, subject to other applicable provisions of this Resolution'. Per your direction, you requested that we have two (2) open forum time periods for each Commission meeting, and at the beginning and at the end. That sentence will accomplish that direction. And then also on `Page 5 of 7' in first paragraph `2.' on that page, I added a sentence with respect to Delegations, `Further, it is not appropriate to readdress quasi-judicial and public hearing items previously addressed by the City Commission at the same meeting'. I added that just for clarification purposes. If you're going to have an open forum at the end of the meeting, it would be inappropriate to have somebody re -argue a quasi-judicial matter. Thev need to be here for that matter when it is called. So, those are the two (2) changes." Deputy Mayor Hovey asked Attorney Garganese, "If someone shows up and is here at the beginning for Public Input - we have citizens who have been here and they give us their three (3) minutes of information and then it comes time at the end — if they have already given us three (3), can they talk for another three (3) at the end ?" Attorney Garganese responded, "They could, but of course repetitive statements are typically not acceptable. The Commission has some discretion there. But if they wanted to come and speak again at the end of the meeting on another, make another comment, the Commission would hear them." Deputy Mayor Hovey then commented, "But if it was reiterating the same thing that they had given us — the three (3) minutes..." Attorney Garganese noted, "...The Mayor could call that `Out of order', `Repetitive comments', `Argument comments'." "MOTION TO APPROVE (RESOLUTION 2011 -35)." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- AUGUST 8, 2011 PAGE 20 OF 21 REGULAR 603. Office Of The City Clerk REQUEST: Requests That Any Appointment(s) /Reappointment(s) Related To The Terms Of Office Which Will Be Expiring In August 2011 For Members Of The Oak Forest Wall And Beautification District Advisory Committee Be Considered And Ratified. FISCAL IMPACT: There Is No Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: The Committee Members Whose Terms Of Office Expire In August 2011, As Referenced In This Agenda Item Have Been Notified. 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 Applicable City Staff, eAlert /eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Commissioner Gary Bonner And Commissioner Joanne M. Krebs Are Requested To Make Their Respective Appointments /Reappointments Regarding The Oak Forest Wall And Beautification District Advisory Committee Members That Are Noted In This Agenda Item - With Consideration That Committee Members Will Be Needed For Quorums For Forthcoming Meeting(s). Any Individuals Appointed /Reappointed Would Begin A New Term Of Office No Earlier Than Late August 2011. The City Commission Is Respectfully Requested To Make Individual Motions For Each Appointment: Appointment To Be Made By Commissioner Gary Bonner — Seat Three: ■ Seat Currently Held By Richard Lane — Oak Forest Wall And Beautification District Advisory Committee (Richard Lane Has Requested Reappointment) Appointment To Be Made By Commissioner Joanne M. Krebs — Seat Five: ■ Seat Currently Held By Judy Converso — Oak Forest Wall And Beautification District Advisory Committee (Judy Converso Has Requested Reappointment) If These Two (2) Appointments Are Made During This City Commission Regular Meeting, That Will Leave Two (2) Additional Appointments Needed To Fill Two (2) Other Vacancies; Which Can Be Made Whenever The Respective Commissioners Have Candidates Interested In Being Appointed To Fill The Openings. FOR THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE, "I MAKE A MOTION TO REAPPOINT JUDY CONVERSO TO SEAT FIVE." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING— AUGUST 8, 2011 PAGE 21 OF 21 VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. "I WISH TO MOTION TO REAPPOINT MR. RICHARD LANE TO THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Commissioner Resnick and Deputy Mayor Hovey noted they were working with the City Cleric to find interested residents to serve in the remaining open positions; and if anyone knew of any interested residents of Oak. Forest, to get in touch with Deputy Mayor Hovey and /or Commissioner Resnick. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:24 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO- LUACES, MMC CITY CLERK APPROVED: MAYOR CHARLES LACEY NOTE: These Minutes were approved at the 2011 City Commission Regular fleeting. CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES REGULAR MEETING MONDAY, AUGUST 8, 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 – AUGUST 8, 2011 PAGE 2 OF 21 CALL TO ORDER The Regular Meeting of Monday, August 8, 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, followed by the Pledge of Allegiance. INFORMATIONALAGENDA 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. No discussion. INFORMATIONAL 101. Land Design Innovations, Inc. (City Consultant) REQUEST: Presenting The Summary Report For Economic Development Activities From June 26, 2011 Through July 26, 2011. The Information In This Agenda Item Will Be Verbally Presented Under Item 300 At The August 8, 2011 City Commission Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 8, 2011 PAGE 3 OF 21 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. There was no discussion on this Agenda Item. “MOTION TO APPROVE (INFORMATIONAL AGENDA).” MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BONNER. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE  DISCUSSED, BUT NOT NECESSARILY IN THE ORDER DOCUMENTED IN THESE MINUTES.  CONSENT AGENDA CONSENT 200. Finance And Administrative Services Department REQUEST: Requests That The City Commission Adopt Resolution No. (Number) 2011-38 Amending The Fiscal Year 2010-2011 Budget. FISCAL IMPACT: Set Forth In Attachment 1. 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 8, 2011 PAGE 4 OF 21 RECOMMENDATION: Adopt Resolution No. (Number) 2011-38 Amending The FY (Fiscal Year) 2010- 2011 Budget. No discussion. CONSENT 201. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Requesting The Commission Adopt Bond Resolution 2011-36 To Accept The Proposal By BB&T Bank To Purchase The City’s, Not To Exceed $1,400,000.00, Improvement Refunding Revenue Bonds, Series 2011B To Refund All Of The City’s Outstanding Improvement Refunding Revenue Bonds, Series 1999; And Authorize The City Manager And City Attorney To Execute All Necessary Documents To Complete A Loan Agreement With BB&T Bank. FISCAL IMPACT: Upon Acceptance Of The Refinancing Of The Improvement Refunding Revenue Bonds, Series 1999 By BB&T Bank The City Will Realize A Net Present Value Savings Of $136,565.00 (Net) (9.92%) Over The Remaining 8 Years Until Final Maturity Of The BB&T Note On 10/1/2018. This Equates To A Savings For The General Fund Of $25,000.00 (Nominal) Annually. 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Manager And Finance Department Recommend That The City Commission Accept The BB&T To Issue A Bank Note To Refund The Improvement Refunding Revenue Bonds, Series 1999 Not To Exceed $1,400,000.00, Adopt Resolution 2011-36, And To Authorize The City Manager And City Attorney To Complete All Applicable Paperwork Necessary To Complete This Refinancing. There was no discussion on this Agenda Item. CONSENT 202. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Requesting The Commission Adopt Bond Resolution 2011-37 To Accept The Proposal By BB&T Bank To Purchase The City’s, Not To Exceed $3,731,000.00, Water And Sewer System Revenue Refunding Revenue Notes, Series 2011C To Refund All Of The City’s Outstanding Water And Sewer Revenue Bonds, Series 2001; And Authorize The City Manager And City Attorney To Execute All Necessary Documents To Complete A Loan Agreement With BB&T Bank. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 8, 2011 PAGE 5 OF 21 FISCAL IMPACT: Upon Acceptance Of The Refinancing Of The Water And Sewer Revenue Bonds, Series 2001 By BB&T Bank The City Will Realize A Net Present Value Savings Of $410,752.29 (10.32%) Over The Remaining 10 Years Until Final Maturity Of The BB&T Note On 10/1/2021. This Equates To A Savings For The Water And Sewer Fund Of $48,000.00 (Nominal) Annually. 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Manager And Finance And Administrative Services Department Recommend That The City Commission Accept The BB&T Offer To Issue A Bank Note For The Purposes Of Refunding The Water And Sewer Revenue Bonds, Series 2001 Not To Exceed $3,731,000.00, Adopt Resolution 2011-37, And To Authorize The City Manager And City Attorney To Complete All Applicable Paperwork Necessary To Complete This Refinancing. No discussion. CONSENT 203. Office Of The City Manager REQUEST: Requesting The Commission To Approve A Six-Month Contract With Todd Persons Communications For Purposes Of Providing Professional Public Relations/Communications Support To The City Of Winter Springs. FISCAL IMPACT: The Total Six-Month Contract Fee For Services Is $7,500.00, Paid In Monthly Installments. Initial Funding For This Contract Fee Would Be Via Current FY (Fiscal Year) 2011 Budget Savings, Thus No Additional Funding Is Required Or Requested. 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 8, 2011 PAGE 6 OF 21 RECOMMENDATION: The City Manager Recommends That The City Commission Approve A Six- Month Contract For Professional Public Relations/Communications Services With Todd Person Communications In The Amount Of $7,500.00 And Authorize The City Attorney To Prepare And The City Manager To Execute Any And All Applicable Documents Required For This Purpose. Brief discussion ensued on this Agenda Item. In terms of this person’s responsibilities, further comments followed on whether the person who is hired for the new Economic Development position could also handle these duties? City Manager Kevin L. Smith stated, “We will see. As this person comes forward and we see what we get and their skills set, then we’ll review that. Having this person on an outsourced basis will give us the latitude to make that change very easily if it proves to be the case.” CONSENT 204. Information Services Department REQUEST: Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. FISCAL IMPACT: There Is No Cost To Dispose Of These Surplus Assets. The City Receives Revenue Generated From Items Sold At Auction. COMMUNICATION EFFORTS: 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 Applicable City Staff, eAlert/eCitizen Recipients, 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; This Information 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any . Interested Individuals RECOMMENDATION: It Is Requested That The City Commission Approve The Disposition Of The Attached List Of Surplus Assets. No discussion. CONSENT 205. Parks And Recreation Department REQUEST: Requests City Commission Approval For The Purchase Of A Hustler 7700 Reel Mower As A Replacement For Equipment That Is No Longer Operational. FISCAL IMPACT: Funds Are Budgeted In The FY (Fiscal Year) [20']10/[20']11 Budget And Available In P&R (Parks And Recreation) Line Code 7230-64000 (Cap Ex-Equipment) For This Expenditure. Mower Will Increase Efficiency In Maintenance Operations, Saving Approx 7.5 Hrs (Hours) Per Week, Which Is A Savings Of $5,850.00 Annually. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 8, 2011 PAGE 7 OF 21 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 Parks And Recreation Department Requests That The City Commission Approve The Purchase Of A Used Hustler 7700 Reel Mower, In The Amount Of $29,000.00. Brief discussion. CONSENT 206. Public Works Department REQUEST: Requesting Authorization To Execute Amendment #1 To The City’s Agreement With The St. Johns River Water Management District For Funding 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 Amendment #1 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. RECOMMENDATION: Staff Recommends The City Commission Provide Authorization To Execute Amendment #1 To The City’s Agreement With The St. Johns River Water Management District For Funding 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 8, 2011 PAGE 8 OF 21 CONSENT 207. Utility Department REQUEST:Requesting Authorization For Emergency Repairs To Water Treatment Plant #1 Sustained From Lightning Damage. FISCAL IMPACT: The Total Cost For The Lightning Damage Is Estimated At $116,000.00. A Claim Has Been Filed With The League Of Cities Which Is Subject To A $1,000.00 Deductible. Approximately $35,000.00 Worth Of Replacement Parts Have Been Or Will Be Purchased And Installed By City Staff. Thompson Electric’s Scope For The Remaining Work Is Estimated At $85,000.00. 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 Recommends That The Commission Authorize The City Manager To Waive The Bidding Procedure For The Water Plant #1 Emergency Repairs And Also Authorize The City Manager To Issue A Purchase Order To Thompson Electric Company For Up To $85,000.00 For Emergency Repairs Payable From The Utility Enterprise Fund. Insurance Reimbursement For All Out Of Pocket Expenses Is Anticipated From The City’s Insurance Carrier Less The Deductible. Brief discussion ensued on this Agenda Item, including possible ramifications, and spending authority. Commissioner Joanne M. Krebs said, “In the future, you can always call an emergency Meeting – we have done that before.” Further comments. CONSENT 208. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The July 21, 2011 City Commission Workshop 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 8, 2011 PAGE 9 OF 21 This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The July 21, 2011 City Commission Workshop Minutes. No discussion. CONSENT 209. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The July 25, 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The July 25, 2011 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. “MOTION TO APPROVE (CONSENT AGENDA).” MOTION BY COMMISSIONER DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 8, 2011 PAGE 10 OF 21 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Land Design Innovations, Inc. – City Consultant REQUEST: Asking The City Commission To Receive A Presentation From Land Design Innovations, Inc. Updating The City Commission On Economic Development Efforts. (Follow Up Presentation From Informational Agenda Item “101”.) Mr. John M. Jones, AICP, Senior Planner, Littlejohn Engineering Associates, 1770 Fennel Street, Suite 200, Maitland, Florida: addressed the City Commission and noted a few incentive programs which would be coming before the City Commission in the “Next two (2) months.” Commissioner Rick Brown asked Mr. Jones about the company he was representing, to which Mr. Jones stated, st “‘Littlejohn Engineering Associates’ – that is an Engineering firm that acquired the company January 1, finalized st July 1 of this year.” Commissioner Brown added, “LDI (Land Design Innovations, Inc.)?” Mr. Jones responded, “Yes.” AWARDS AND PRESENTATIONS 301. Office Of The Chief Of Police REQUEST: Presenting A “Meritorius Action” Award From The Winter Springs Police Department. Chief of Police Kevin Brunelle, Police Department presented a “Meritorius Action” Award from the Winter Springs Police Department to Corporal Kevin Crager. Discussion. REPORTS REPORTS 400. Office Of The City Attorney – Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese advised the City Commission that he may need to schedule an Attorney- Client Session in the next few weeks to discuss the status of the Surety Bond litigation involving Jesup’s Landings. REPORTS 401. Office Of The City Manager – Kevin L. Smith No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 8, 2011 PAGE 11 OF 21 REPORTS 402. Office Of The City Clerk – Andrea Lorenzo-Luaces, MMC No Report. REPORTS 403. Office Of The Mayor – The Honorable Charles Lacey Mayor Lacey mentioned that he had attended a recent Seminole County Public Schools School Board meeting as directed by the City Commission; and at that Seminole County Public Schools School Board meeting, Mayor Lacey did share what our City Commission’s comments were, and also provided a verbatim excerpt from the Winter Springs City Commission Regular meeting of July 25, 2012. Secondly, Mayor Lacey remarked about Millage Rates and TRIM (Truth in Millage) and noted, “Of the seven (7) cities in Seminole County, we’re the only one that lowered our Mileage Rate.” With further comments, Mayor Lacey added, “I am proud of Winter Springs.” REPORTS 404. Office Of Commissioner Seat One/Deputy Mayor – The Honorable Jean Hovey Deputy Mayor Jean Hovey mentioned she attended a Seminole County Public Schools School Board meeting last week and commented that she had personally spoken with three (3) of the Seminole County Public Schools’ School Board Members since last week. Next, Deputy Mayor Hovey mentioned a recent newspaper article which noted that Seminole County Supervisor of Elections Mike Ertel had deputized some personnel at Hagerty High School as Deputy Election Officials, so they could register students to Vote. Deputy Mayor Hovey complimented Mr. Ertel’s “Thinking outside the box”. Deputy Mayor Hovey noted some calls and letters she had received about parking issues related to Code Enforcement. Chief of Police Kevin Brunelle, Police Department commented on City procedures and stated, “The Citation and the actual Code Enforcement Violation or the written Warning are two (2) separate things. If they receive an initial Warning, we try to go through the steps of educating them of why they’re in Violation. The Citation is something totally separate from a Warning, and they both indicate – one will say this is a Citation that comes with a Fine; and then the written warnings or the Code Enforcement door hanger - there are a couple of ways we make them aware of that. So, a Citation is very, very easy to see. It comes with either a fifty [dollar] ($50.00), seventy- five [dollar] ($75.00), hundred dollar ($100.00) Fine.” Deputy Mayor Hovey then said to Chief Brunelle, “I will talk to you about this gentleman after the meeting.” Deputy Mayor Hovey added that she had received some other telephone calls and written correspondence. Mayor Lacey asked that the letters that Deputy Mayor Hovey had received, be given to City Clerk Andrea Lorenzo-Luaces so that she could forward them to the Mayor and City Commission. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 8, 2011 PAGE 12 OF 21 REPORTS 405. Office Of Commissioner Seat Two – The Honorable Rick Brown Commissioner Brown noted some Code Enforcement related emails and added, “I was personally very happy with the way that Captain (Chris) Deisler has handled that and he has got some positive comments in the community already, about the way that is happening; so, ‘Congratulations in putting him in that role’ and he is already being effective and that is great to see. I think he will definitely command the respect of the public in his fair dealings with them, so thank you.” Discussion followed on whether Seminole County Public Schools might consider going in with Seminole County on a future penny tax increase. Commissioner Brown then commented on his schedule. th Next, Commissioner Brown mentioned that this Wednesday, August 10, 2011 at 5 p.m., he would be holding a Welcome Reception at Tijuana Flats in the Winter Springs Town Center for the new Director of Marketing for the Oviedo Winter Springs Regional Chamber of Commerce, and that everyone is welcome to attend. Continuing, Commissioner Brown noted that he had been contacted by a twelve (12) year old who co-founded an organization called “KISS” (Kids In Support of Soldiers). Commissioner Brown noted that their first Bowl-A Thon is being held on August 20, 2011 and his company had been asked to participate with this organization. Commissioner Brown suggested that if anyone wanted contact information to email him. Further comments. REPORTS 406. Office Of Commissioner Seat Three – The Honorable Gary Bonner Commissioner Gary Bonner directed his comments to Mr. Shawn Boyle, Director, Finance and Administrative Services Department and offered his appreciation to “An employee who has again, done a super job in responding to a customer complaint” and added, “I do want to compliment Eileen (Garner) and her handling of the matter of Citizen Price and of the timely response and the timely resolution of that somewhat complicated billing matter. It is greatly appreciated. So, I want to extend my compliments to Eileen (Garner) and how well she handled that; and to you – I know you are leading your organization down that customer service path, so well done!” REPORTS 407. Office Of Commissioner Seat Four – The Honorable Cade Resnick Commissioner Cade Resnick noted also attending a Seminole County Public Schools meeting and commented on communication efforts and suggested we ask our citizens for their recommendations. Secondly, Commissioner Resnick commented on deputized Election Officials at High Schools. Further discussion followed on Seminole County Public Schools. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 8, 2011 PAGE 13 OF 21 REPORTS 408. Office Of Commissioner Seat Five – The Honorable Joanne M. Krebs Brief comments. In other City business, Mr. Boyle presented the City’s new Human Resources Specialist. Ms. Casey Clark, Human Resources Specialist, Finance and Administrative Services Department briefly addressed the Mayor and City Commission. PUBLIC INPUT No one addressed the City Commission. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Finance And Administrative Services Department And Office Of The City Attorney REQUEST: Request That The City Commission Hold A Public Hearing For The First Reading Of Ordinance No. (Number) 2011-11, Which Amends Article II, Division 4 Of Chapter 19, Utilities, Of The City Code. FISCAL IMPACT: No Utility Rates Are Affected By This Ordinance. No Funding Is Necessary To Implement The Revisions Other Than The Advertising Costs Prior To Second Reading. As Presented In The May 9th (2011) Agenda Item (Regular 600): Application Fee Waiver – This Revision Would Decrease One-Time Application Fee Revenues (Presently $20.00/Acct.; Approximately $1,500.00/FY [Fiscal Year]) But Would Also Increase The Likelihood Of Timely Payment While Decreasing Staff Time On An Ongoing Basis. Late Fee Waivers - Although Staff Believes Penalty Revenues Would Be Somewhat Reduced (Estimated As Much As $8,000.00/FY [Fiscal Year]), Staff Efficiency Would Increase As Would Goodwill With Those Customers Who Perceive The System To Be Unfair And Inflexible. ‘Cash Only’ Status – This Revision Is Primarily A Convenience Issue For The Customer. While It Is Possible That Some Customers May Fall Back Into NSF (Non-Sufficient Funds) Status, The Prevailing Fees Would Serve As The Appropriate Consequence/Disincentive. Special Payment Arrangements – The Purpose Of This Revision Is To Work With The Customer Toward Payment Of Their Ongoing User Fees While Chipping Away At Their Outstanding Balance. Wide Utilization Of Payment Installments Will Not Exist, But To The Extent Utilized, Delinquent Account Balances Are Expected To Decline As Well As Disconnections And Accounts Being Sent To ‘Collections’. After-Hours Reconnection Fee – Revenues Would Increase In Order To Recover Additional And Incremental Costs Related To After-Hours’ Reconnection Services. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 8, 2011 PAGE 14 OF 21 COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. Additionally, Advertisement In The Orlando Sentinel Is Anticipated For August 11, 2011 Prior To Second Reading. RECOMMENDATION: The Finance Department And City Attorney Recommend Approval Of The First Reading Of Ordinance 2011-11 And Moving Said Ordinance Forward To The Second Reading. MOTION TO READ BY ‘TITLE’ ONLY.” MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2011-11 by “Title” only. Mr. Boyle began the discussion on this Agenda Item. Ms. Kelly Balagia, Budget Analyst, Finance and Administrative Services Department elaborated on a previous discussion point and noted, “The Commission had accepted Staff’s recommendation that the City Manager or his designee be the determination of who would have to become a ‘Cash only customer’. Commissioner Krebs had suggested that we have objective criteria surrounding the term ‘Chronic returned payment history’ and Legal Counsel confirmed that. So, in light of the fact that we developed the objective criteria, it rendered unnecessary the City Manager having to make that determination. So, the way this is set up is the objective criteria would stand and it would direct someone to be a ‘Cash only customer’. Their appellate process would go through the City Manager or his designee.” Manager Smith asked the City Commission if this matched their recollection. No objections were voiced. Ms. Balagia then said, “Other than that slight departure with that one, all the other revisions are as discussed.” Mr. Boyle added, “Once the Ordinance has passed, then we will have a couple of other Resolutions.” 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 MOVE (ORDINANCE 2011-11) TO SECOND READING.” MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 8, 2011 PAGE 15 OF 21 VOTE: COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Finance And Administrative Services Department And Community Development Department REQUEST: Requesting That The City Commission Adopt Resolution 2011-34, Authorizing The Submittal Of The Certificate To Non-Ad Valorem Assessment Roll, Assessment Summary And FY (Fiscal Year) 2011-2012 Annual Assessment Roll For Tax Year 2011 Relating To The Oak Forest Assessment Area And The Tuscawilla Lighting And Beautification Assessment Area Phases I And II To The Seminole County Tax Collector By September 15, 2011. FISCAL IMPACT: The Annual Assessment Service Fees For NBS And Nabors Giblin Are Budgeted Costs In The Following Assessment District Funds And Do Not Adversely Impact The General Fund:  Oak Forest Maintenance Fund - #191  Oak Forest Debt Service Fund - #214 (Previously #192)  Tuscawilla Maintenance Fund - #184  Tuscawilla Debt Service Fund - Phase 1 #211 (Previously #182)  Tuscawilla Debt Service Fund - Phase 2 #213 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. Detailed Information Regarding The Tuscawilla Lighting And Beautification District And The Oak Forest Wall And Beautification District Special Assessment Programs, Including Annual Reports, Assessment Rates And Live Account Information By Parcel, Is Available To The Public Via The City’s Website At: http://www.winterspringsfl.org/EN/web/dept/cd/ub/urbanbeautification.html CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 8, 2011 PAGE 16 OF 21 RECOMMENDATION: It Is Recommended That The City Commission Adopt Resolution 2011-34 Authorizing The Submission Of The Certificate To Non-Ad Valorem Assessment Roll, Assessment Summary And FY (Fiscal Year) 2011-2012 Annual Assessment Roll For Tax Year 2011 Relating To The Oak Forest Wall And Beautification District And The Tuscawilla Lighting And Beautification Assessment Area – Phases I And II To The Seminole County Tax Collector By September 15, 2011. Mr. Boyle introduced this Agenda Item for discussion. Commissioner Brown mentioned he had met with Tuscawilla Lighting and Beautification District Advisory Committee Chairperson Mary Brook and Mr. Steve Richart, Urban Beautification Services Division Manager, Community Development Department and stated, “It is my opinion and my opinion only, that it is somewhat incongruent to advertise and be proud of the fact that we lower Taxes and then come back and raise a Fee.” Commissioner Brown added, “To me, Taxes, Fees, Assessments are all Taxes, one way or another.” Commissioner Bonner also noted that he had met with Tuscawilla Lighting and Beautification District Advisory Committee Chairperson Brook and Mr. Richart who gave him a good understanding of the situation at hand. Commissioner Bonner agreed with Commissioner Brown and said, “The timing is not necessarily right to proceed with a Fee adjustment recommendation at this time. I would recommend that we further study this, drill into it a little bit deeper, and see if we can’t come up with an alternative before we go back to the public with just a raise.” Commissioner Bonner then remarked, “One of the points I did explore with them is whether or not there are more needs within the community; and I walked away with an understanding that there may very well be more needs within the community. So, one of the other things I would like to see our Board do is to explore the additional needs. One of the ones that we spent a little bit of time talking about was streetlighting. There are parts of our community and streets that are not currently served adequately by streetlighting.” Commissioner Bonner spoke further about the safety and security of good streetlighting and added, “That is one of the things that I would like our Board to take a look at, is where we may have needs to expand that. Were we to subsequently reach a conclusion of expansion, there would be possibly the need to go back out to the body and explore an expansion of this special taxing in the future. So, if we end up going down that path, it might be more appropriate to address the total maintenance in the context of whether those needs exist in the future; and I think the reserve is adequate for the next twelve (12) months to give the Board the time to really study these broader issues and how that might govern our decisions for the future.” Commissioner Krebs also noted that she had met with Tuscawilla Lighting and Beautification District Advisory Committee Chairperson Brook and Mr. Richart. Commissioner Krebs then commented that she wanted to know what the community thought; asked what if there is no increase; and inquired, “Do you actually need up to the one [hundred] twenty-eight [dollars] ($128.00) cap?” Commissioner Resnick remarked that he too had met with Tuscawilla Lighting and Beautification District Advisory Committee Chairperson Brook; and commented about telephone calls and the Assessment. Deputy Mayor Hovey then spoke briefly on the Assessment. Discussion. Mayor Lacey asked Mr. Boyle, “Have you looked at what our payments on the Debt Service are, to see if the same kind of creativity you have brought to some of the other Bonds, can be used here so that we could perhaps lower the required Debt Service?” Mr. Boyle responded, “We are vetting that right now.” Mayor Lacey then noted, “So, perhaps, given a year to look at it, there might be some creativity there that helps?” Mr. Boyle said, “There could be.” Further discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 8, 2011 PAGE 17 OF 21 Tape 1/Side B Manager Smith complimented the Tuscawilla Lighting and Beautification District Advisory Committee and noted, “Staff and I have had some conversations about this issue and we still have some issues that we’d like to flush out. We don’t know that they will prove to be successful in reducing our cost, but we’d like to find out; so, I would ask this Board to consider maintaining the Rate at its current level for another year to give Staff the opportunity to flush out a couple of options. Some of them have been alluded to here tonight – Fund Balance levels, debt restructuring, debt refinancing, to give us that opportunity to do that; report back to you during our Quarterly Financial reports as to the status. We may find that we have to come back to you and ask for this Rate increase next year.” Mayor Lacey commented, “I am looking for a Motion to Approve Resolution 2011-34 as presented or as Amended.” “I WILL MAKE THE MOTION TO APPROVE THE ITEM AS AMENDED, WITH NOT INCREASING THE TUSCAWILLA MAINTENANCE FUND.” MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. MAYOR LACEY NOTED THE MOTION WAS TO, “APPROVE RESOLUTION 2011-34 KEEPING THE TLBD (TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT) MAINTENANCE FUND AT ONE HUNDRED AND TWENTY DOLLARS ($120.00) PER E.R.U. (EQUIVALENT RESIDENT UNIT).” VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. Commissioner Krebs said, “Thank you for what you do Mary (Brook). Thank you very much.” Commissioner Bonner added, “Absolutely.” REGULAR 601. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Requests The City Commission Consider The Health Insurance Proposal For FY (Fiscal Year) [20']12. FISCAL IMPACT: Due To Proactive Management Of Our Overall Personnel Compliment, If Both Plans And The New Subsidies Are Approved By The Commission The City’s Health Care Cost Will Increase Annually By Approximately $18,000.00 (Currently Budgeted For FY [Fiscal Year] [20']12). We Estimate That This Cost Sharing Approach Will Begin To Reduce In The Cumulative Loss Ratio Which Is The Single Most Important Indicator Of Future Health Care Rate Increases. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 8, 2011 PAGE 18 OF 21 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Manager Recommends That The City Commission Approve: 1) The Florida League Of Cities’ Florida Municipal Insurance Trust/United Healthcare For FY (Fiscal Year) [20'] 12, Based On Their Submitted Plans. 2) City Offer Two Plans 4 (Base) And 6 (Buy-Down) And The Recommended Subsidies. 3) Authorize For The City Attorney And City Manager To Prepare And Execute All Contracts And Documents Necessary To Facilitate The Above Recommendations. Mr. Boyle introduced this Agenda Item and stated, “Essentially what’s occurred this year that’s different than the past, is we have gone to a cost share program with both the Plans that have been proposed.” With further comments, Mr. Boyle pointed out that “Preventative care is provided at one hundred percent (100%) under both Plans that we’re proposing.” Discussion continued on different Plans, Health Savings Accounts, Plan options, and Municipal Health Clinics. “I WILL MAKE A MOTION TO ACCEPT THE STAFF’S RECOMMENDATION.” MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. REGULAR 602. Office Of The City Attorney REQUEST: Presents Resolution 2011-35 To The City Commission, Amending The Commission’s Rules And Procedures To Permit Public Input At The Beginning And End Of City Commission Meetings. FISCAL IMPACT: None. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 8, 2011 PAGE 19 OF 21 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. RECOMMENDATIONS: Approve Resolution 2011-35 Amending The Commission’s Rules And Procedures To Permit Public Input At The Beginning And End Of City Commission Meetings, And Restating The Remaining Rules And Procedures. Attorney Garganese introduced this Agenda Item and proposed Resolution and said to the City Commission, “Based on your direction, I made two (2) Amendments to the Commission Rules and Procedures. On ‘Page 4 of 7’, under ‘Delegations.’, - open forum, I added a sentence, ‘Delegations shall be scheduled at the beginning (after reports); and end of each Commission meeting, subject to other applicable provisions of this Resolution’. Per your direction, you requested that we have two (2) open forum time periods for each Commission meeting, and at the beginning and at the end. That sentence will accomplish that direction. And then also on ‘Page 5 of 7’ in first paragraph ‘2.’ on that page, I added a sentence with respect to Delegations, ‘Further, it is not appropriate to readdress quasi-judicial and public hearing items previously addressed by the City Commission at the same meeting’. I added that just for clarification purposes. If you’re going to have an open forum at the end of the meeting, it would be inappropriate to have somebody re-argue a quasi-judicial matter. They need to be here for that matter when it is called. So, those are the two (2) changes.” Deputy Mayor Hovey asked Attorney Garganese, “If someone shows up and is here at the beginning for Public Input - we have citizens who have been here and they give us their three (3) minutes of information and then it comes time at the end – if they have already given us three (3), can they talk for another three (3) at the end?” Attorney Garganese responded, “They could, but of course repetitive statements are typically not acceptable. The Commission has some discretion there. But if they wanted to come and speak again at the end of the meeting on another, make another comment, the Commission would hear them.” Deputy Mayor Hovey then commented, “But if it was reiterating the same thing that they had given us – the three (3) minutes…” Attorney Garganese noted, “…The Mayor could call that ‘Out of order’, ‘Repetitive comments’, ‘Argument comments’.” “MOTION TO APPROVE (RESOLUTION 2011-35).” MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 8, 2011 PAGE 20 OF 21 REGULAR 603. Office Of The City Clerk REQUEST: Requests That Any Appointment(s)/Reappointment(s) Related To The Terms Of Office Which Will Be Expiring In August 2011 For Members Of The Oak Forest Wall And Beautification District Advisory Committee Be Considered And Ratified. FISCAL IMPACT: There Is No Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: The Committee Members Whose Terms Of Office Expire In August 2011, As Referenced In This Agenda Item Have Been Notified. 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 Applicable City Staff, eAlert/eCitizen Recipients, 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. This Information Has Also 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. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Commissioner Gary Bonner And Commissioner Joanne M. Krebs Are Requested To Make Their Respective Appointments/Reappointments Regarding The Oak Forest Wall And Beautification District Advisory CommitteeMembers That Are Noted In This Agenda Item - With Consideration That Committee Members Will Be Needed For Quorums For Forthcoming Meeting(s). Any Individuals Appointed/Reappointed Would Begin A New Term Of Office No Earlier Than Late August 2011. The City Commission Is Respectfully Requested To Make Individual Motions For Each Appointment: Appointment To Be Made By Commissioner Gary Bonner – Seat Three: Seat Currently Held By Richard Lane – Oak Forest Wall And Beautification District Advisory  Committee (Richard Lane Has Requested Reappointment) Appointment To Be Made By Commissioner Joanne M. Krebs – Seat Five: Seat Currently Held By Judy Converso – Oak Forest Wall And Beautification District Advisory  Committee (Judy Converso Has Requested Reappointment) If These Two (2) Appointments Are Made During This City Commission Regular Meeting, That Will Leave Two (2) Additional Appointments Needed To Fill Two (2) Other Vacancies; Which Can Be Made Whenever The Respective Commissioners Have Candidates Interested In Being Appointed To Fill The Openings. FOR THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE, “I MAKE A MOTION TO REAPPOINT JUDY CONVERSO TO SEAT FIVE.” MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES C1TY COMMISSION REGULAR MEETING — AUGUST 8, 201 I PAGE 21 OF 21 VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. "I WISH TO MOTION TO REAPPOINT MR. 1tICHARD LANE TO THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Commissioner Resnick and Deputy Mayor Hovey noted they were working with the City Clerk to find interested residents to serve in the remaining open positions; and if anyone knew of any interested residents of Oak Forest, to get in touch with Deputy Mayor Hovey and/or Commissioner Resnick. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:24 p.m. RESPECTFULLY SUBMITTED: r ,� 7 l �" LORENZO-LUACES, MMC CITY f LERK APPROVED: � � � �� f ./ � ORC SL r' NOTE: These Minutes were approved at the August 22, 20ll City Commission Regular Meeting.