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HomeMy WebLinkAbout2011 09 12 Consent 211 Requesting Approval Of the City Commission August 22, 2011 Regular Meeting Minutes UNAPPROVED CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES REGULAR MEETING MONDAY, AUGUST 22, 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 22, 2011 PAGE 2 OF 22 UNAPPROVED CALL TO ORDER The Regular Meeting of Monday, August 22, 2011 of the City Commission was called to Order by Mayor Charles Lacey at 5:16 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor Charles Lacey, present Deputy Mayor Jean Hovey present Commissioner Rick Brown, absent 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. AGENDA NOTE: DURING DISCUSSION OF THE INFORMATIONAL AGENDA, NO   INFORMATIONAL AGENDA ITEMS WERE DISCUSSED DURING THIS SECTION PRIOR TO THE VOTE; HOWEVER, INFORMATIONAL AGENDA ITEM “104” WAS DISCUSSED A LITTLE LATER, AS SHOWN ON PAGES 8-9 OF THESE MINUTES.  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. This Agenda Item was not discussed. INFORMATIONAL CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 22, 2011 PAGE 3 OF 22 UNAPPROVED 101. Community Development Department And Information Services Department REQUEST: Wish To Update The City Commission On The Go Local Business Initiative. FISCAL IMPACT: The Fiscal Impact On The City Depends On The Amount City Employees Allocated To The Review The Online Submissions And Provide Technical Support As Needed. 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 Community Development And Information Systems Departments Are Requesting That The City Commission Review And Accept The Information In This Agenda Item. No discussion. INFORMATIONAL 102. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Transmitting The City’s Fiscal Third Quarter Financial Reports For The 2011 Fiscal Year Via The Executive Dashboard. FISCAL IMPACT: The Fiscal Impact Of This New Modeling Will Be Measurable Over The Next Several Years. The Cost Of The Software Is Nominal. 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 22, 2011 PAGE 4 OF 22 UNAPPROVED RECOMMENDATION: It Is Recommended That The City Commission Review And Receive The Third Quarter Financial Report For 2011 Via The New Dashboard Reporting Technology/Software Financial Reports As An Alternative To Traditional Static Paper Reports. There was no discussion on this Agenda Item. INFORMATIONAL 103. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Transmitting The City’s Fiscal Third Quarter Investment Report For The 2011 Fiscal Year Via The Executive Dashboard. FISCAL IMPACT: The Fiscal Impact Of This New Modeling Will Be Measurable Over The Next Several Years. The Cost Of The Software Is Nominal. 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: It Is Recommended That The City Commission Review And Receive The Third Quarter 2011 Investment Report Via The New Dashboard Reporting Technology/Software Investment Report As An Alternative To Traditional Static Paper Reports. No discussion. INFORMATIONAL 104. Office Of The City Clerk REQUEST: Requests That The City Commission Be Informed Of The Upcoming Anniversary Date And Performance Review For Fiscal Year 2011-2012, As Requested By The City Commission At A Previous Meeting. FISCAL IMPACT: There Is No Fiscal Impact To Be Considered With The Approval Of This Agenda Item. COMMUNICATION EFFORTS: 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 22, 2011 PAGE 5 OF 22 UNAPPROVED 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 Requested To Accept The Information In This Agenda Item. This Agenda Item was not discussed at this time, however, please refer to pages 8-9 of these Minutes for brief comments held later during this meeting. “MOTION TO APPROVE (INFORMATIONAL AGENDA).” MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CONSENT AGENDA CONSENT 200. Not Used CONSENT 201. Parks And Recreation Department REQUEST: Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs And The Oviedo-Winter Springs (Regional) Chamber Of Commerce th For The 4 Annual Winter Springs Festival Of The Arts. FISCAL IMPACT:  City Expenses Are Defined As Such; City Shall Provide The Following Services And Facilities For The Special Event: (1) Promotion Of The Event Through , eAlerts, City Hall The Insider Electronic Sign Messaging And City Website; (2) Hanging And Removal Of Festival Of The Arts Banners On Existing Pole Brackets; (3) Hanging And Removal Of 5' x 30' Banner On The Trail Bridge Upon Approval By Seminole County; (4) Use Of Electric And Potable Water As Available On Blumberg Blvd.; (5) Site Preparation Including Mowing Of The Special Event Site And The Addition Of Donated Mulch As Needed; (6) Spraying Of A Barrier Spray And Mosquito Spray; (7) Installation And Removal Of A Lime Rock Parking Lot Curb; (8) Road Closure And Re-Opening Of Blumberg Blvd With Cones And Signage; (9) Installation And Removal Of Two (2) City Owned Light Towers And Diesel Fuel For Same; (10) Trash Container And Liners; (11) Use Of Two (2) Parks Department Gator Vehicles For The Special Event; (12) County Fire And First Aid Services; (13) Request The Shutting Down Of Irrigation At Town Center Apartments On Special Event Dates; And (14) Additional City Police Overtime Services Not To Exceed $3,500.00. City Expenses Involve City Staff Time And Equipment During Regular Work Hours. There Are No Additional City Purchases For The Event. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 22, 2011 PAGE 6 OF 22 UNAPPROVED 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 Is Recommending Approval To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs And The Oviedo-Winter Springs Regional Chamber Of Commerce To Conduct The 4th Annual Winter Springs Festival Of The Arts. Commissioner Cade Resnick commented on whether we were within the planned Budget; and then remarked about Senior Artists. Continuing, Commissioner Resnick asked if Junior Artists were participating, and if the schools have been contacted. Mr. Chris Caldwell, Director, Parks and Recreation Department stated, “I will find out.” Commissioner Resnick mentioned that he hoped this would be done. Furthermore, regarding informing the public about this event, Commissioner Resnick suggested that possibly 500 flyers could be made available for both Winter Springs and Oviedo to share with the public. Mr. Caldwell added, “We will do whatever you’d like to do – we can put them up.” Commissioner Resnick also suggested that as discussed at the recent Florida League of Cities Annual Conference, the cities of Altamonte Springs and Longwood would also be willing to help get these flyers out to the public. Commissioner Joanne M. Krebs mentioned that in past years the Winter Springs Festival of the Arts Committee has done these type of things and not City Staff. Commissioner Krebs also suggested that any further direction go first through the City Manager. Mayor Lacey noted, “The action that is on this Consent Agenda Item is to Approve a Contract and in that Contract it specifies clearly what the City’s responsibility is, what the organizing group’s responsibilities are – and I don’t think we said anything here that goes beyond what those Contract terms are, have we Chris (Caldwell). So, as long as we stay within that Contract, we are okay.” Mr. Caldwell stated, “That is correct.” CONSENT 202. Police Department REQUEST: Requests The Commission To Approve The Renewal Of The Annual School Resource Officer Inter-Agency Agreement Contract With The Seminole County School Board And Authorize The City Manager To Prepare And Execute Any And All Applicable Documents On Behalf Of The City. FISCAL IMPACT: As Part Of Providing These Officers To The Schools Mentioned Above, The School Board Will Pay The City $62,309.92 In Eight (8) Equal Installments Of $7,788.74 Commencing October 3, rd 2011 To Be Paid On The 3 Day Of Each Month Through May 2012. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 22, 2011 PAGE 7 OF 22 UNAPPROVED COMMUNICATIONS EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney/Staff, And All eAlert/eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas/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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or ANY Agenda Item With Any Interested Individuals. RECOMMENDATION: The Police DepartmentRecommends The Commission Approve The New Inter- Agency Contract For The Two School Resource Officers And To Authorize The City Manager To Prepare And Execute Any And All Applicable Documents. This Agenda Item was not discussed. CONSENT 203. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The August 1, 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. 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 August 1, 2011 City Commission Workshop Minutes. No discussion. CONSENT 204. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The August 8, 2011 City Commission Regular Meeting Minutes. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 22, 2011 PAGE 8 OF 22 UNAPPROVED 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 August 8, 2011 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. “MOTION TO APPROVE (CONSENT AGENDA).” MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. AGENDA NOTE: THE FOLLOWING DISCUSSION PERTAINED TO  INFORMATIONAL AGENDA ITEM “104”, WHICH WAS HEARD NEXT AS DOCUMENTED, IN ADDITION TO WHAT WAS PREVIOUSLY NOTED ON PAGES 4-5 OF THESE MINUTES.  INFORMATIONALAGENDA INFORMATIONAL 104. Office Of The City Clerk REQUEST: Requests That The City Commission Be Informed Of The Upcoming Anniversary Date And Performance Review For Fiscal Year 2011-2012, As Requested By The City Commission At A Previous Meeting. FISCAL IMPACT: There Is No Fiscal Impact To Be Considered With The Approval Of This Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 22, 2011 PAGE 9 OF 22 UNAPPROVED 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 Requested To Accept The Information In This Agenda Item. Mayor Lacey asked when they would receive the Evaluation Document that was referenced in this Agenda Item. City Clerk Andrea Lorenzo-Luaces stated, “Next month. I’ll have it on the second meeting in September, unless you all want it earlier.” Commissioner Krebs stated, “That is fine.” AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor REQUEST: Ms. Elizabeth Larsen Of Winter Springs, Representing The Sallie Harrison Chapter Of The National Society Daughters Of The American Revolution Presenting The City Of Winter Springs With A Commemorative Flag. Ms. Elizabeth Larsen, representing the Sallie Harrison Chapter of the National Society Daughters of the American Revolution presented the City of Winter Springs with a small commemorative flag in memory of “September 11”. Mayor Lacey and the City Commission thanked Ms. Larsen. AWARDS AND PRESENTATIONS 301. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Presentation Of The City’s Fiscal Third Quarter Financial Reports For The 2011 Fiscal Year Via The Executive Dashboard. (This Is Related To Informational Agenda Item “102”). Mr. Shawn Boyle, Director, Finance and Administrative Services Department gave a brief Financial Report to the Mayor and City Commission and stated, “Financially, we are doing extremely well, given the conditions that that we’re in economically.” CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 22, 2011 PAGE 10 OF 22 UNAPPROVED AWARDS AND PRESENTATIONS 302. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Presentation Of Investment Report For The 2011 Fiscal Year Via The Executive Dashboard. (This Is Related To Informational Agenda Item “103”). The Mayor and City Commission were provided with a brief Investment Report from Mr. Boyle who remarked, “We’re in equally as good a shape” and mentioned the efforts of the City’s Investment Manager and City Staff. Further comments. REPORTS REPORTS 400. Office Of The City Attorney – Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese mentioned that he, City Manager Kevin L. Smith, and Mr. Randy Stevenson, ASLA, Director, Community Development Department would be meeting with Seminole County on th August 30, 2011 regarding Annexation of Enclaves negotiations. REPORTS 401. Office Of The City Manager – Kevin L. Smith No Report. REPORTS 402. Office Of The City Clerk – Andrea Lorenzo-Luaces, MMC No Report. REPORTS 403. Office Of Commissioner Seat One/Deputy Mayor – The Honorable Jean Hovey Deputy Mayor Jean Hovey advised that she had been contacted by Mr. Barry Gainer with a local group called “Community Alliance in Seminole County, which is the statutory body to oversee children’s issues in Seminole County”, and asked to attend their meetings on behalf of the City of Winter Springs. Commissioner Resnick mentioned that he had attended previous meetings of this Committee. Deputy Mayor Hovey mentioned she had also been contacted about this organization and asked if both she and Commissioner Resnick could attend these “Community Alliance” meetings, if they were posted? Mayor Lacey suggested that Deputy Mayor Hovey email the City Clerk with what she finds out about who should attend the Community Alliance meetings, “So we all can know what the resolution is.” Deputy Mayor Hovey remarked, “I will.” CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 22, 2011 PAGE 11 OF 22 UNAPPROVED REPORTS 404. Office Of Commissioner Seat Two – The Honorable Rick Brown Absent. REPORTS 405. Office Of Commissioner Seat Three – The Honorable Gary Bonner Commissioner Gary Bonner recognized former Commissioner Donald Gilmore who was in attendance at this meeting. Secondly, Commissioner Bonner noted that he had been contacted by a new business that was interested in 3,000 square feet of high tech space in the City and asked Manager Smith if he would like to be informed about such requests and to then handle accordingly or would Manager Smith prefer that Commissioner Bonner personally meet with the interested business. Manager Smith said to Commissioner Bonner, “I would respectfully ask that you bring them to my attention but – as of now, I am going bring them to our current Vendor; and certainly you can go to them directly, but just since we’re in a transition phase…” Commissioner Bonner then stated, “…I will bring that forward to you.” Thirdly, Commissioner Bonner commented, “I just want to tip my hat to the Manager and the Staff for the outstanding fiscal financial performance for 2011. Really very, very well done at no perceived impact in service to our citizens - so well, well done!” Mayor Lacey also welcomed former Commissioner Donald Gilmore who was attending this City Commission meeting. REPORTS 406. Office Of Commissioner Seat Four – The Honorable Cade Resnick Commissioner Resnick offered his appreciation for being able to attend the recently held Florida League of Cities Annual Conference. Next, Commissioner Resnick referenced a newspaper article and thanked Mayor Lacey. Lastly, Commissioner Resnick thanked the City, Citizens, Staff, and the Elected Officials in relation to Money Magazine’s “100 Best Places To Live In America”. REPORTS 407. Office Of Commissioner Seat Five – The Honorable Joanne M. Krebs Commissioner Krebs also noted the excellent opportunity in attending the recent Florida League of Cities Annual Conference, and remarked about serving on the Florida League of Cities’ Nominating Committee. On a related note, Commissioner Krebs mentioned she had returned from the Conference with a document entitled “Financial And Technical Assistance For Florida Municipalities”. Commissioner Krebs provided it to the City Clerk, should anyone wish to review it. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 22, 2011 PAGE 12 OF 22 UNAPPROVED REPORTS 408. Office Of The Mayor – The Honorable Charles Lacey Mayor Lacey reported that the Business Advocacy Group had recently met and representatives from this Committee had hoped to meet individually with each of our Commissioners. Mayor Lacey added that the Business Advocacy Group wanted to “Find out from each of the Commissioners, what direction they would like to see the Committee going - and brief you on the ideas that they have begun to tackle and the directions they are headed.” Additionally, Mayor Lacey noted that after individual meetings with our Commissioners were held, the Business Advocacy Group hoped to hold a joint Work Session, possibly with the City of Oviedo. Mayor Lacey mentioned that Manager Smith had suggested that such a group meeting be held after he hired someone to handle Economic Development for Winter Springs, and could also be involved in this process. Mayor Lacey added that he would share this with the Business Advocacy Group unless he heard otherwise from the City Commission. No objections were voiced. PUBLIC INPUT Ms. Nancy Dzamba, 305 Twelve Oaks Drive, Winter Springs, Florida: addressed the Mayor and City Commission on behalf of the Winding Hollow Homeowners Association Board and stated, “I’m again submitting to the Commission a 109 signatures of proxy for “Opposing the Commission approving any kind of changes to City Ordinance which would assist the RaceTrac gas station of being built on the site that they are trying to build it on, on the corner of State Road 434 and Winding Hollow Boulevard.” Ms. Dzamba provided the Petition to the City Clerk for the Record. Continuing, Ms. Dzamba mentioned a recent television spot on this issue and noted that residents were advised that RaceTrac had submitted an Application to the City. Mayor Lacey explained that RaceTrac submitted a document to the City. Continuing, Attorney Garganese explained that “The request is to Amend the City’s Zoning Code with respect to the distance requirement between gas stations and residential areas and between more than one (1) gas station. So, it is just a request to Amend the Code and that would be a legislative matter that the City Commission would just consider; and it’s not an Application to actually initiate the Use. It’s a Text change to the Zoning Code.” With further comments, Attorney Garganese elaborated, “It is like any other person or corporation that is proposing an Amendment to your local Laws. They’re free to request. There’s no requirement that the City Commission actually change the Law. It’s a Legislative process. It’s not a Quasi-Judicial process where somebody submits an Application and the City Commission applies existing Code. They’re asking you to change the Law.” Additionally, Attorney Garganese explained, “The Commission will hear it. They’re not bound to Approve it.” Commissioner Krebs asked if Winding Hollow residents could possibly petition the City to increase the distance requirements. Attorney Garganese agreed that this could be done. Mayor Lacey asked if this might need to go through the Planning and Zoning Board/Local Planning Agency. Attorney Garganese responded by saying, “It does not need to. The Commission could initially hear it directly and if the Commission doesn’t want to take any further action on the request, it does not need to go to the P and Z (Planning and Zoning [Board/Local Planning Agency]); or if this Commission is more comfortable from having the input from the P and Z (Planning and Zoning [Board/Local Planning Agency]) first, you certainly can direct that that occur, but that may be premature until you hear what exactly it is they’re proposing.” CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 22, 2011 PAGE 13 OF 22 UNAPPROVED Attorney Garganese further noted that this matter should be an Agenda Item with proper advance notice given, and the public and the Petitioner could both be heard. Manager Smith addressed Ms. Dzamba and suggested that Ms. Dzamba could be emailed with notice about such Agenda Items. Furthermore, Manager Smith then asked Ms. Dzamba, “Is it okay for us to send it to you and you disseminate it to your HOA (Homeowners Association); or would you like us to send it to others?” Ms. Dzamba stated, “You can send it directly to me and I’ll take care of it throughout the Board and the neighborhood.” Mr. Ed Riorden, 1793 Seneca Boulevard, Winter Springs, Florida: thanked the Mayor and City Commission for their support and for any future consideration by the City to possibly partner on a commemorative Memorial 9/11 event. Ms. Pam Carroll, 865 Dyson Drive, Winter Springs, Florida: representing the Tuscawilla Homeowners Association as their President, Ms. Carroll advised the City Commission about a request to “Place two (2) monuments at the two (2) flagpoles in the center median, in Tuscawilla.” Ms. Carroll then asked that fellow resident Mr. Donald Gilmore be able to comment on some of the proposed details of this request. Mr. Donald Gilmore, 803 Leopard Trail, Winter Springs, Florida: addressed the City Commission on this proposal and mentioned that a Veteran who has been active in the community suggested that a memorial plaque be dedicated to those who have served in the military. Continuing, Mr. Gilmore referenced a life-size monument mock-up which could be constructed out of white granite with raised bronze lettering and noted, “It’s not going to cost the City anything. The Tuscawilla Homeowners Board of Directors has already Approved this, the expenditure of thirty-two hundred [dollars] ($3,200.00) for it. I’ve taken it to the TLBD[AC] (Tuscawilla Lighting and Beautification District Advisory Committee) and the TLBD[AC] (Tuscawilla Lighting and Beautification District Advisory Committee) unanimously Approved it also. So, that’s why we’re here; and I’d like your Approval.” Mayor Lacey asked Attorney Garganese if this could be erected with this organization’s funds, on City property. Attorney Garganese responded, “If the City Commission authorizes that. It would certainly be under the supervision of the Staff. They would have to have a plan and it would have to go through our Building Department and Public Works Department.” Mr. Gilmore further commented on the process, to which Attorney Garganese added, “The City Commission would have to direct that this be done and it would fall under the Manager and I am sure it would go to one of your Departments to oversee this small project; if it’s the Commission’s desire to see it through.” Continuing the discussion, Mayor Lacey said to Attorney Garganese, “So, if it is the desire of the Commission, you have no objections from a legal point of view?” Attorney Garganese remarked, “As long as our City Engineer looks at the right-of-way issue, if there is any.” Manager Smith then mentioned, “As I’d indicated to Pam (Carroll) earlier, our intention was to bring this forward in front of you all as an Agenda Item. I wasn’t able to get it on this Agenda. I have intended to get it on the next Agenda.” With further comments, Commissioner Krebs noted it was her preference to have this on the City Commission Agenda for consideration. Commissioner Krebs added that she would not be able to attend that Commission meeting but “You have my ‘AYE’ Vote on that.” Deputy Mayor Hovey also agreed with having it on the next City Commission Agenda. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 22, 2011 PAGE 14 OF 22 UNAPPROVED 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 Second Reading And Adoption 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 Of The Ordinance. As Presented In The May 9th 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 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. 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, Legal Advertisement Appeared In The Orlando Sentinel On August 11, 2011. RECOMMENDATION: The Finance Department And City Attorney Recommend Adopting Ordinance 2011-11. Ms. Kelly Balagia, Budget Analyst, Finance and Administrative Services Department began the discussion on this Agenda Item and stated, “Nothing has changed since the First Reading. I will say we’re planning to bring back two (2) Agenda Items at the next Commission meeting that are sort of in tandem with this, to address special payment arrangements and bank drafting; some revisions and improvements in those processes and bringing Policies before you for Approval.” CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 22, 2011 PAGE 15 OF 22 UNAPPROVED Attorney Garganese read Ordinance 2011-11 by “Title” only. Mayor Lacey opened the “Public Input” portion of the Agenda Item. No one spoke. Mayor Lacey closed the “Public Input” portion of the Agenda Item. Mayor Lacey asked, “Is there a Motion to Adopt Ordinance 2011-11?” “SO MOVED.” MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department – Planning Division REQUEST: Requests That The City Commission Hold A Public Hearing For The First Reading Of Ordinance 2011-12, Which Adopts The City’s Five (5) Year Schedule Of Capital Improvements In Accordance With The Community Planning Act For FY (Fiscal Year) 2012 Through FY (Fiscal Year) 2017. FISCAL IMPACT: The Capital Improvements Program (CIP) Is A 6-Year Schedule Of Improvements That Includes The Capital Improvements Element Schedule And All Other Capital Projects Subject To Funding By The City. Those Items In The CIP For “Year One, 2011/[20']12” Are Included In The FY (Fiscal Year) 2012 Budget. 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 22, 2011 PAGE 16 OF 22 UNAPPROVED RECOMMENDATION: Staff And The Planning And Zoning Board Recommend Approval Of The First Reading Of Ordinance 2011-12 Which Adopts The City’s Five (5) Year Schedule Of Capital Improvements And Moving Said Ordinance Forward To Second Reading. Mr. Bobby Howell, AICP, Planner, Community Development Department mentioned a replacement page that had been provided to the City Commission at this meeting. Mr. Howell then commented on this Agenda Item. Mayor Lacey asked “Is there a Motion to read by ‘Title’ only?” “SO MOVED.” MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BONNER. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2011-12 by “Title” only. Mayor Lacey opened the “Public Input” portion of the Agenda Item. No one spoke. Mayor Lacey closed the “Public Input” portion of the Agenda Item. Mayor Lacey asked, “Is there a Motion to move it (Ordinance 2011-12) to Second Reading?” “SO MOVED.” MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department – Planning Division REQUEST: Requests That The City Commission Postpone For 30 Days And Preserve The Original Advertising, The Public Hearing And Recommendation For First Reading Of Ordinance 2011-08, Which Revises The Regulatory Language For Home Occupations And Home Offices In The City’s Code Of Ordinances, To Allow Staff Additional Time To Meet With Concerned Citizens In Regards To The Content Of This Ordinance. (First Reading Of This Ordinance Was Previously Continued From The July 25, 2011 City Commission Meeting To August 22, 2011.) FISCAL IMPACT: While There Is No Immediately Measurable Fiscal Impact Associated With This Ordinance, The Intent Is To Create A More Predictable And Defined Framework Within Which Home- Based Businesses Can Be Fostered And Become Viable Within The Residential Portions Of The City Without Becoming A Potential Nuisance To The Neighborhood. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 22, 2011 PAGE 17 OF 22 UNAPPROVED 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:On July 25, 2011, The City Commission Postponed First Reading Of Ordinance 2011-08 Until August 22, 2011 To Preserve Advertising And To Allow Staff Time To Address Citizen Commentary With Respect To The Ordinance. At This Time, Staff Is Continuing To Work With Citizens With Respect To The Proposed Ordinance. Therefore, Staff Recommends That The City Commission Postpone First Reading Of This Ordinance To The September 26, 2011 City Commission Meeting. Mayor Lacey and Manager Smith briefly commented on the proposed postponement of this Agenda Item and Ordinance. 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. TH “MOTION TO POSTPONE TO SEPTEMBER 26, (2011).” MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BONNER. DISCUSSION. MAYOR LACEY REITERATED THE MOTION AND STATED, “POSTPONE FIRST READING OF TH ORDINANCE 2011-08 TO THE MEETING OF SEPTEMBER 26, (2011).” VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Public Works Department REQUEST: Requests The City Commission Review The Final Engineering/Site Plan And Aesthetic Review For The Lake Jesup Reclaimed Water Augmentation Facility Located At The Northwest Corner Of Central Winds Park Near The Shore Of Lake Jesup. FISCAL IMPACT: This Agenda Item Is Requesting Approval Of The Final Engineering/Site Plan And Aesthetic Review, Which Has No Fiscal Impact. The Changes Needed For The Public Access Improvements Are Projected At $58,000.00 Which Would Increase The Construction Costs By That Amount. Sufficient Funds Will Be Available From The State Revolving Loan Fund For These Added Costs. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 22, 2011 PAGE 18 OF 22 UNAPPROVED At The July 11, 2011 City Commission Meeting, The Commission Authorized Entering Into A Contract For Construction At A Cost Of $2,325,293.30 Plus 5% Contingency. Staff Would Request The Contingency Be Increased By $58,000.00 To Incorporate The Public Access Improvements. 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 Approve The Final Engineering/Site Plan And Aesthetic Review For The Lake Jesup Reclaimed Water Augmentation Facility, And Provide Direction Regarding The Upgrades Required To Meet Public Access Standards. Staff Requests The Previous Construction Contingency Authorization Be Increased By $58,000.00 If The Public Access Improvements Are Included In The Site Plan Approval. Mr. Brian Fields, P.E., City Engineer, Public Works Department introduced this Agenda Item for discussion. Mr. Terry Zaudtke, P.E., DEE, Executive Vice President, CPH Engineers, 1117 East Robinson Street, Orlando, Florida: addressed the City Commission on this Agenda Item and showed some slides depicting different aspects and views of this proposed project, as recently revised and shown in this Agenda Item. 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. Commissioner Bonner stated, “Well done on the redesign.” Continuing, Commissioner Bonner asked if the site had “Additional parking design capacity were there to become either a recreational or commercial application for that pier/dock potential?” Mr. Fields stated, “Yes it does.” Mr. Fields then showed some slides related to this discussion point and noted, “I would say the parking would be developed in the style of the rest of the parking in Central Winds Park. We have unpaved parking spaces with wheel stops. That initial parking area would be right here. This is an access road really for a Fire Department vehicle to service this site. There is room and the grade is adequate where you could park all the way around this perimeter as well as on the interior here, easily accommodate twenty (20), thirty (30) spaces, possibly more.” Discussion followed on handicapped access/parking, and it being a place the public could visit. Concerns with safety issues were addressed next to which Commissioner Bonner then inquired, “Do we need to have any sort of emergency alert – out there? A hot phone that somebody could pick up if something happened, if an incident occurred out on the pier or in the water?” Further related comments followed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 22, 2011 PAGE 19 OF 22 UNAPPROVED Mr. Caldwell stated, “Certainly. We have Staff presence in the park where we have our Park Rangers that do patrol the park on a regular basis for safety. They do go into that area.” Commissioner Bonner then said to Mr. Caldwell, “So, you would add that to your normal patrol process?” Mr. Caldwell responded, “That’s correct. We would do that and then certainly we’d consider – some type of a call feature as well, if that’s necessary.” Further discussion ensued on safety concerns with comments on when gated access is secured, and where access is located. Possible funding was then addressed to which Mr. Zaudtke elaborated on a “Letter to incur costs” which the City received. Mayor Lacey asked the City Commission, “Is there a Motion to Approve Engineering and Aesthetic Review?” “MOTION TO APPROVE.” MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MR. FIELDS ADDED, “JUST WANT TO MAKE SURE TO CLARIFY DIRECTION REGARDING THE UPGRADE TO FIFTY-EIGHT THOUSAND DOLLARS ($58,000.00).” COMMISSIONER KREBS STATED, “ABSOLUTELY.” DEPUTY MAYOR HOVEY ADDED, “INCLUDING THE UPGRADES.” MAYOR LACEY SUGGESTED, “ALL OF ITEM ‘503’ IS BEING APPROVED.” NO OBJECTIONS WERE NOTED. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Office Of The City Manager REQUEST: Requesting The Commission To Review Information Regarding The City Manager’s Annual Performance Evaluation For The Evaluation Period Ending May 25, 2011. FISCAL IMPACT: Due To Budget Constraints, City Employees Were Not Given Merit Increases And No Funds Are Allocated For This Purpose In FY (Fiscal Year) 2011. 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 22, 2011 PAGE 20 OF 22 UNAPPROVED 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 Review And Utilize The Information Provided In This Agenda Item (As Well As Any Other Data/Information Deemed Appropriate) For Purposes Of Evaluating And Rating The City Manager’s Performance For The Annual Review Period Ended May 25, 2011, Via The Attached City Manager Evaluation Form Or Other Method The Individual Mayor/Commissioner Deems Appropriate. Manager Smith introduced this Agenda Item and commented, “I would ask that you take that information and either use the form or whatever method you see fit, and perform said Evaluation in the next thirty (30) days or so or whatever time period is agreeable to the City Commission.” Discussion followed on the “360” Evaluation, and how the “360” Evaluation was handled. Mayor Lacey then stated, “To summarize what I think is happening here – you have already gone to your subordinates, your Directors and one (1) level below, that input we have here. Now we have the form that we can take whatever method we are comfortable with, to provide our feedback to you.” Manager Smith responded, “Of course.” Further, Manager Smith added, “I would only ask that if I didn’t provide sufficient information, please let me know that and I will get you whatever you need to effectively and properly perform the Eval[uation].” Deputy Mayor Hovey asked Manager Smith if he could email them a “Word” version of the Evaluation form. Manager Smith stated, “Certainly.” Commissioner Resnick inquired, “How do we report back?” Manager Smith explained, “The approach the Commission had taken in the past - and I would ask if you all are comfortable with the same approach; the approach previously for those Commissioners that did fill out the form, was to either call and then share them with me through a verbal conversation and ultimately, to provide them to Shawn (Boyle) for cataloging.” Discussion followed on what is done for other Charter Officers, related to the Evaluation process, and whether they followed the same process with a “360” Evaluation. Mayor Lacey noted, “I assumed that the Attorney, the Clerk, and the Manager would follow similar processes.” Commissioner Krebs stated, “We were fine the way it was last year. Did you want to change it?” Mayor Lacey noted, “It seems that the Manager has come up with a creative way of getting input in there, and I think we would benefit from that, by all the Charter Officers.” Mayor Lacey then said to Attorney Garganese, “Has that process been used in your case?” Attorney Garganese responded by saying, “No.” Further comments followed on differences between the three (3) Charter Officers. Commissioner Bonner remarked, “I would support allowing the Clerk to benefit from the ‘360’ Review process, but again, it is a smaller body to get that feedback from.” Discussion ensued on issues with achieving anonymity. Commissioner Bonner added, “Certainly all of them benefit from our feedback; and I for one, like to practice the one-on-one in providing that feedback on their performance for this year, but also in helping them to establish goals for the upcoming year.” Mayor Lacey suggested that a “360” Evaluation for the City Clerk could include Staff and/or Department Directors. Commissioner Krebs added, “Why don’t you see what happens when she provides you with – what she is going to provide you with and then let us take a look at it then. I am just suggesting. I mean there is a difference in interaction and actually the duties of a City Manager and the duties of a City Clerk, as well as the Attorney.” CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 22, 2011 PAGE 21 OF 22 UNAPPROVED With brief comments on what the City Clerk thought, Mayor Lacey stated, “I am perfectly content following Commissioner Krebs’ suggestion, we will let the process unfold and see how it goes.” Commissioner Bonner remarked about the City Manager’s report and commented, “Really an impressive volume of activity and success in this prior year – I certainly appreciate the thoroughness of your report; of reflecting on how much has taken place in this Fiscal Year. You really did take to heart our feedback from last year and take on the challenges that we put before you; and quite frankly, you have led your team to really some significant, possibly historic accomplishments for the City, so well done in that regard. I look forward to our time together to share the upcoming recommendations for your new challenges in the coming year. And the last observation, is that in your feedback, there were some verbatims that indicated some opportunities there and I know you take those to heart and really the best comments you can receive are the ones that will drive personal growth…” Manager Smith added, “…Agreed…” Commissioner Bonner continued, “…And I certainly know that you share that opinion and I look forward to speaking with you a little bit about that as well. So, overall, well done.” REGULAR 601. Office Of The City Attorney REQUEST: Requests That The City Commission Adopt Resolution 2011-43, Which Extends The Moratorium As To The Filing And/Or Receiving Of Any Application For, Or The Issuance Of, Business Tax Receipts Or Land Use Approvals, Regarding The Operation Of “Pain Management Clinics” For An Additional Ninety (90) Days. COMMUNICATIONS EFFORTS: FISCAL IMPACT: There May Be A De Minimis Fiscal Impact Associated With Passage Of This Ordinance Since The Ordinance Prohibits The City From Accepting Payments Of The Business Tax For Pain Management Clinics During The Moratorium Time Period. RECOMMENDATION: The City Attorney Recommends That The City Commission Adopt Resolution 2011-43 To Extend The Moratorium Established In Ordinance 2010-22 For An Additional 90 Days. “MOTION TO EXTEND NINETY (90) DAYS, AS REQUESTED.” MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. MAYOR LACEY REITERATED THE MOTION “THAT THE MORATORIUM BE EXTENDED BY NINETY (90) DAYS; IN EFFECT, ADOPTING RESOLUTION 2011-43.” VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. Mayor Lacey summarized, “The extension is Approved.” In other City business, Commissioner Bonner then complimented Commissioner Krebs on her recall about a previous discussion on the Lake Jesup Reclaimed Water Augmentation facility project and added, “That was really beneficial that you brought forward – your recollections about what we all hoped that project would be.” Commissioner Bonner additionally said to Commissioner Krebs, “You did the right thing and I thank you for bringing that forward.” Further comments. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING – AUGUST 22, 2011 PAGE 22 OF 22 UNAPPROVED PUBLIC INPUT No one spoke. Mayor Lacey closed this “Public Input” portion of the Agenda. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:33 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 Meeting. CITY OF WINTER SPRINGS FLORIDA 44 , 047 - et? s 0 � 4 c Incorporated 1959 . A% `OR1Q �. CITY COMMISSION MINUTES REGULAR MEETING MONDAY, AUGUST 22, 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 22, 2011 PAGE 2 OF 22 CALL TO ORDER The Regular Meeting of Monday, August 22, 2011 of the City Commission was called to Order by Mayor Charles Lacey at 5:16 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor Charles Lacey, present Deputy Mayor Jean Hovey present Commissioner Rick Brown, absent 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. • • AGENDA NOTE: DURING DISCUSSION OF THE INFORMATIONAL AGENDA, NO INFORMATIONAL AGENDA ITEMS WERE DISCUSSED DURING THIS SECTION PRIOR TO THE VOTE; HOWEVER, INFORMATIONAL AGENDA ITEM "104" WAS DISCUSSED A LITTLE LATER, AS SHOWN ON PAGES 8 -9 OF THESE MINUTES. ❖ ❖ INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department REQUEST: Advising The City Commission Of The Status Of Various Current Planning Projects. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert/eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 22, 2011 PAGE 3 OF 22 INFORMATIONAL 101. Community Development Department And Information Services Department REQUEST: Wish To Update The City Commission On The Go Local Business Initiative. FISCAL IMPACT: The Fiscal Impact On The City Depends On The Amount City Employees Allocated To The Review The Online Submissions And Provide Technical Support As Needed. 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 Community Development And Information Systems Departments Are Requesting That The City Commission Review And Accept The Information In This Agenda Item. No discussion. INFORMATIONAL 102. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Transmitting The City's Fiscal Third Quarter Financial Reports For The 2011 Fiscal Year Via The Executive Dashboard. FISCAL IMPACT: The Fiscal Impact Of This New Modeling Will Be Measurable Over The Next Several Years. The Cost Of The Software Is Nominal. 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 22, 2011 PAGE 4 OF 22 RECOMMENDATION: It Is Recommended That The City Commission Review And Receive The Third Quarter Financial Report For 2011 Via The New Dashboard Reporting Technology /Software Financial Reports As An Alternative To Traditional Static Paper Reports. There was no discussion on this Agenda Item. INFORMATIONAL 103. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Transmitting The City's Fiscal Third Quarter Investment Report For The 2011 Fiscal Year Via The Executive Dashboard. FISCAL IMPACT: The Fiscal Impact Of This New Modeling Will Be Measurable Over The Next Several Years. The Cost Of The Software Is Nominal. 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: It Is Recommended That The City Commission Review And Receive The Third Quarter 2011 Investment Report Via The New Dashboard Reporting Technology /Software Investment Report As An Alternative To Traditional Static Paper Reports. No discussion. INFORMATIONAL 104. Office Of The City Clerk REQUEST: Requests That The City Commission Be Informed Of The Upcoming Anniversary Date And Performance Review For Fiscal Year 2011 -2012, As Requested By The City Commission At A Previous Meeting. FISCAL IMPACT: There Is No Fiscal Impact To Be Considered With The Approval Of This Agenda Item. COMMUNICATION EFFORTS: 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 22, 2011 PAGE 5 OF 22 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 Requested To Accept The Information In This Agenda Item. This Agenda Item was not discussed at this time, however, please refer to pages 8 -9 of these Minutes for brief comments held later during this meeting. "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CONSENT AGENDA CONSENT 200. Not Used CONSENT 201. Parks And Recreation Department REQUEST: Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs And The Oviedo - Winter Springs (Regional) Chamber Of Commerce For The 4 Annual Winter Springs Festival Of The Arts. FISCAL IMPACT: • City Expenses Are Defined As Such; City Shall Provide The Following Services And Facilities For The Special Event: (1) Promotion Of The Event Through The Insider, eAlerts, City Hall Electronic Sign Messaging And City Website; (2) Hanging And Removal Of Festival Of The Arts Banners On Existing Pole Brackets; (3) Hanging And Removal Of 5' x 30' Banner On The Trail Bridge Upon Approval By Seminole County; (4) Use Of Electric And Potable Water As Available On Blumberg Blvd.; (5) Site Preparation Including Mowing Of The Special Event Site And The Addition Of Donated Mulch As Needed; (6) Spraying Of A Barrier Spray And Mosquito Spray; (7) Installation And Removal Of A Lime Rock Parking Lot Curb; (8) Road Closure And Re- Opening Of Blumberg Blvd With Cones And Signage; (9) Installation And Removal Of Two (2) City Owned Light Towers And Diesel Fuel For Same; (10) Trash Container And Liners; (11) Use Of Two (2) Parks Department Gator Vehicles For The Special Event; (12) County Fire And First Aid Services; (13) Request The Shutting Down Of Irrigation At Town Center Apartments On Special Event Dates; And (14) Additional City Police Overtime Services Not To Exceed $3,500.00. City Expenses Involve City Staff Time And Equipment During Regular Work Hours. There Are No Additional City Purchases For The Event. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — AUGUST 22, 2011 PAGE 6 OF 22 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 Is Recommending Approval To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs And The Oviedo - Winter Springs Regional Chamber Of Commerce To Conduct The 4th Annual Winter Springs Festival Of The Arts. Commissioner Cade Resnick commented on whether we were within the planned Budget; and then remarked about Senior Artists. Continuing, Commissioner Resnick asked if Junior Artists were participating, and if the schools have been contacted. Mr. Chris Caldwell, Director, Parks and Recreation Department stated, "I will find out." Commissioner Resnick mentioned that he hoped this would be done. Furthermore, regarding informing the public about this event, Commissioner Resnick suggested that possibly 500 flyers could be made available for both Winter Springs and Oviedo to share with the public. Mr. Caldwell added, "We will do whatever you'd like to do — we can put them up." Commissioner Resnick also suggested that as discussed at the recent Florida League of Cities Annual Conference, the cities of Altamonte Springs and Longwood would also be willing to help get these flyers out to the public. Commissioner Joanne M. Krebs mentioned that in past years the Winter Springs Festival of the Arts Committee has done these type of things and not City Staff. Commissioner Krebs also suggested that any further direction go first through the City Manager. Mayor Lacey noted, "The action that is on this Consent Agenda Item is to Approve a Contract and in that Contract it specifies clearly what the City's responsibility is, what the organizing group's responsibilities are — and I don't think we said anything here that goes beyond what those Contract terms are, have we Chris (Caldwell). So, as long as we stay within that Contract, we are okay." Mr. Caldwell stated, "That is correct." CONSENT 202. Police Department REQUEST: Requests The Commission To Approve The Renewal Of The Annual School Resource Officer Inter - Agency Agreement Contract With The Seminole County School Board And Authorize The City Manager To Prepare And Execute Any And All Applicable Documents On Behalf Of The City. FISCAL IMPACT: As Part Of Providing These Officers To The Schools Mentioned Above, The School Board Will Pay The City $62,309.92 In Eight (8) Equal Installments Of $7,788.74 Commencing October 3, 2011 To Be Paid On The 3rd Day Of Each Month Through May 2012. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 22, 2011 PAGE 7 OF 22 COMMUNICATIONS EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /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. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or ANY Agenda Item With Any Interested Individuals. RECOMMENDATION: The Police Department Recommends The Commission Approve The New Inter - Agency Contract For The Two School Resource Officers And To Authorize The City Manager To Prepare And Execute Any And All Applicable Documents. This Agenda Item was not discussed. CONSENT 203. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The August 1, 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 Fite 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 August 1, 2011 City Commission Workshop Minutes. No discussion. CONSENT 204. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The August 8, 2011 City Commission Regular Meeting Minutes. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 22, 2011 PAGE 8 OF 22 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 August 8, 2011 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. ❖ ❖ AGENDA NOTE: THE FOLLOWING DISCUSSION PERTAINED TO INFORMATIONAL AGENDA ITEM "104 ", WHICH WAS HEARD NEXT AS DOCUMENTED, IN ADDITION TO WHAT WAS PREVIOUSLY NOTED ON PAGES 4 -5 OF THESE MINUTES. • • INFORMATIONAL AGENDA INFORMATIONAL 104. Office Of The City Clerk REQUEST: Requests That The City Commission Be Informed Of The Upcoming Anniversary Date And Performance Review For Fiscal Year 2011 -2012, As Requested By The City Commission At A Previous Meeting. FISCAL IMPACT: There Is No Fiscal Impact To Be Considered With The Approval Of This Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 22, 2011 PAGE 9 OF 22 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 Requested To Accept The Information In This Agenda Item. Mayor Lacey asked when they would receive the Evaluation Document that was referenced in this Agenda Item. City Clerk Andrea Lorenzo - Luaces stated, "Next month. I'll have it on the second meeting in September, unless you all want it earlier." Commissioner Krebs stated, "That is fine." AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor REQUEST: Ms. Elizabeth Larsen Of Winter Springs, Representing The Sallie Harrison Chapter Of The National Society Daughters Of The American Revolution Presenting The City Of Winter Springs With A Commemorative Flag. Ms. Elizabeth Larsen, representing the Sallie Harrison Chapter of the National Society Daughters of the American Revolution presented the City of Winter Springs with a small commemorative flag in memory of "September 11 ". Mayor Lacey and the City Commission thanked Ms. Larsen. AWARDS AND PRESENTATIONS 301. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Presentation Of The City's Fiscal Third Quarter Financial Reports For The 2011 Fiscal Year Via The Executive Dashboard. (This Is Related To Informational Agenda Item "102 "). Mr. Shawn Boyle, Director, Finance and Administrative Services Department gave a brief Financial Report to the Mayor and City Commission and stated, "Financially, we are doing extremely well, given the conditions that that we're in economically." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 22, 2011 PAGE 10 OF 22 AWARDS AND PRESENTATIONS 302. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Presentation Of Investment Report For The 2011 Fiscal Year Via The Executive Dashboard. (This Is Related To Informational Agenda Item "103 "). The Mayor and City Commission were provided with a brief Investment Report from Mr. Boyle who remarked, "We're in equally as good a shape" and mentioned the efforts of the City's Investment Manager and City Staff. Further comments. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese mentioned that he, City Manager Kevin L. Smith, and Mr. Randy Stevenson, ASLA, Director, Community Development Department would be meeting with Seminole County on August 30 2011 regarding Annexation of Enclaves negotiations. REPORTS 401. Office Of The City Manager — Kevin L. Smith No Report. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC No Report. REPORTS 403. Office Of Commissioner Seat One/Deputy Mayor — The Honorable Jean Hovey Deputy Mayor Jean Hovey advised that she had been contacted by Mr. Barry Gainer with a local group called "Community Alliance in Seminole County, which is the statutory body to oversee children's issues in Seminole County ", and asked to attend their meetings on behalf of the City of Winter Springs. Commissioner Resnick mentioned that he had attended previous meetings of this Committee. Deputy Mayor Hovey mentioned she had also been contacted about this organization and asked if both she and Commissioner Resnick could attend these "Community Alliance" meetings, if they were posted? Mayor Lacey suggested that Deputy Mayor Hovey email the City Clerk with what she finds out about who should attend the Community Alliance meetings, "So we all can know what the resolution is." Deputy Mayor Hovey remarked, "I will." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 22, 2011 PAGE 11 OF 22 REPORTS 404. Office Of Commissioner Seat Two — The Honorable Rick Brown Absent. REPORTS 405. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Gary Bonner recognized former Commissioner Donald Gilmore who was in attendance at this meeting. Secondly, Commissioner Bonner noted that he had been contacted by a new business that was interested in 3,000 square feet of high tech space in the City and asked Manager Smith if he would like to be informed about such requests and to then handle accordingly or would Manager Smith prefer that Commissioner Bonner personally meet with the interested business. Manager Smith said to Commissioner Bonner, "I would respectfully ask that you bring them to my attention but — as of now, I am going bring them to our current Vendor; and certainly you can go to them directly, but just since we're in a transition phase..." Commissioner Bonner then stated, "...I will bring that forward to you." Thirdly, Commissioner Bonner commented, "I just want to tip my hat to the Manager and the Staff for the outstanding fiscal financial performance for 2011. Really very, very well done at no perceived impact in service to our citizens - so well, well done!" Mayor Lacey also welcomed former Commissioner Donald Gilmore who was attending this City Commission meeting. REPORTS 406. Office Of Commissioner Seat Four — The Honorable Cade Resnick Commissioner Resnick offered his appreciation for being able to attend the recently held Florida League of Cities Annual Conference. Next, Commissioner Resnick referenced a newspaper article and thanked Mayor Lacey. Lastly, Commissioner Resnick thanked the City, Citizens, Staff, and the Elected Officials in relation to Money Magazine's "100 Best Places To Live In America ". REPORTS 407. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs also noted the excellent opportunity in attending the recent Florida League of Cities Annual Conference, and remarked about serving on the Florida League of Cities' Nominating Committee. On a related note, Commissioner Krebs mentioned she had returned from the Conference with a document entitled "Financial And Technical Assistance For Florida Municipalities ". Commissioner Krebs provided it to the City Clerk, should anyone wish to review it. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 22, 2011 PAGE 12 OF 22 REPORTS 408. Office Of The Mayor — The Honorable Charles Lacey Mayor Lacey reported that the Business Advocacy Group had recently met and representatives from this Committee had hoped to meet individually with each of our Commissioners. Mayor Lacey added that the Business Advocacy Group wanted to "Find out from each of the Commissioners, what direction they would like to see the Committee going - and brief you on the ideas that they have begun to tackle and the directions they are headed." Additionally, Mayor Lacey noted that after individual meetings with our Commissioners were held, the Business Advocacy Group hoped to hold a joint Work Session, possibly with the City of Oviedo. Mayor Lacey mentioned that Manager Smith had suggested that such a group meeting be held after he hired someone to handle Economic Development for Winter Springs, and could also be involved in this process. Mayor Lacey added that he would share this with the Business Advocacy Group unless he heard otherwise from the City Commission. No objections were voiced. PUBLIC INPUT Ms. Nancy Dzamba, 305 Twelve Oaks Drive, Winter Springs, Florida: addressed the Mayor and City Commission on behalf of the Winding Hollow Homeowners Association Board and stated, "I'm again submitting to the Commission a 109 signatures of proxy for "Opposing the Commission approving any kind of changes to City Ordinance which would assist the RaceTrac gas station of being built on the site that they are trying to build it on, on the corner of State Road 434 and Winding Hollow Boulevard." Ms. Dzamba provided the Petition to the City Clerk for the Record. Continuing, Ms. Dzamba mentioned a recent television spot on this issue and noted that residents were advised that RaceTrac had submitted an Application to the City. Mayor Lacey explained that RaceTrac submitted a document to the City. Continuing, Attorney Garganese explained that "The request is to Amend the City's Zoning Code with respect to the distance requirement between gas stations and residential areas and between more than one (1) gas station. So, it is just a request to Amend the Code and that would be a legislative matter that the City Commission would just consider; and it's not an Application to actually initiate the Use. It's a Text change to the Zoning Code." With further comments, Attorney Garganese elaborated, "It is like any other person or corporation that is proposing an Amendment to your local Laws. They're free to request. There's no requirement that the City Commission actually change the Law. It's a Legislative process. It's not a Quasi- Judicial process where somebody submits an Application and the City Commission applies existing Code. They're asking you to change the Law." Additionally, Attorney Garganese explained, "The Commission will hear it. They're not bound to Approve it." Commissioner Krebs asked if Winding Hollow residents could possibly petition the City to increase the distance requirements. Attorney Garganese agreed that this could be done. Mayor Lacey asked if this might need to go through the Planning and Zoning Board/Local Planning Agency. Attorney Garganese responded by saying, "It does not need to. The Commission could initially hear it directly and if the Commission doesn't want to take any further action on the request, it does not need to go to the P and Z (Planning and Zoning [Board/Local Planning Agency]); or if this Commission is more comfortable from having the input from the P and Z (Planning and Zoning [Board/Local Planning Agency]) first, you certainly can direct that that occur, but that may be premature until you hear what exactly it is they're proposing." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 22, 2011 PAGE 13 OF 22 Attorney Garganese further noted that this matter should be an Agenda Item with proper advance notice given, and the public and the Petitioner could both be heard. Manager Smith addressed Ms. Dzamba and suggested that Ms. Dzamba could be emailed with notice about such Agenda Items. Furthermore, Manager Smith then asked Ms. Dzamba, "Is it okay for us to send it to you and you disseminate it to your HOA (Homeowners Association); or would you like us to send it to others ?" Ms. Dzamba stated, "You can send it directly to me and I'll take care of it throughout the Board and the neighborhood." Mr. Ed Riorden, 1793 Seneca Boulevard, Winter Springs, Florida: thanked the Mayor and City Commission for their support and for any future consideration by the City to possibly partner on a commemorative Memorial 9/11 event. Ms. Pam Carroll, 865 Dyson Drive, Winter Springs, Florida: representing the Tuscawilla Homeowners Association as their President, Ms. Carroll advised the City Commission about a request to "Place two (2) monuments at the two (2) flagpoles in the center median, in Tuscawilla." Ms. Carroll then asked that fellow resident Mr. Donald Gilmore be able to comment on some of the proposed details of this request. Mr. Donald Gilmore, 803 Leopard Trail, Winter Springs, Florida: addressed the City Commission on this proposal and mentioned that a Veteran who has been active in the community suggested that a memorial plaque be dedicated to those who have served in the military. Continuing, Mr. Gilmore referenced a life -size monument mock -up which could be constructed out of white granite with raised bronze lettering and noted, "It's not going to cost the City anything. The Tuscawilla Homeowners Board of Directors has already Approved this, the expenditure of thirty -two hundred [dollars] ($3,200.00) for it. I've taken it to the TLBD[AC] (Tuscawilla Lighting and Beautification District Advisory Committee) and the TLBD[AC] (Tuscawilla Lighting and Beautification District Advisory Committee) unanimously Approved it also. So, that's why we're here; and I'd like your Approval." Mayor Lacey asked Attorney Garganese if this could be erected with this organization's funds, on City property. Attorney Garganese responded, "If the City Commission authorizes that. It would certainly be under the supervision of the Staff. They would have to have a plan and it would have to go through our Building Department and Public Works Department." Mr. Gilmore further commented on the process, to which Attorney Garganese added, "The City Commission would have to direct that this be done and it would fall under the Manager and I am sure it would go to one of your Departments to oversee this small project; if it's the Commission's desire to see it through." Continuing the discussion, Mayor Lacey said to Attorney Garganese, "So, if it is the desire of the Commission, you have no objections from a legal point of view ?" Attorney Garganese remarked, "As long as our City Engineer looks at the right -of -way issue, if there is any." Manager Smith then mentioned, "As I'd indicated to Pam (Carroll) earlier, our intention was to bring this forward in front of you all as an Agenda Item. I wasn't able to get it on this Agenda. I have intended to get it on the next Agenda." With further comments, Commissioner Krebs noted it was her preference to have this on the City Commission Agenda for consideration. Commissioner Krebs added that she would not be able to attend that Commission meeting but "You have my `AYE' Vote on that." Deputy Mayor Hovey also agreed with having it on the next City Commission Agenda. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 22, 2011 PAGE 14 OF 22 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 Second Reading And Adoption 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 Of The Ordinance. As Presented In The May 9th 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 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. 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, Legal Advertisement Appeared In The Orlando Sentinel On August 11, 2011. RECOMMENDATION: The Finance Department And City Attorney Recommend Adopting Ordinance 2011 -11. Ms. Kelly Balagia, Budget Analyst, Finance and Administrative Services Department began the discussion on this Agenda Item and stated, "Nothing has changed since the First Reading. I will say we're planning to bring back two (2) Agenda Items at the next Commission meeting that are sort of in tandem with this, to address special payment arrangements and bank drafting; some revisions and improvements in those processes and bringing Policies before you for Approval." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 22, 2011 PAGE 15 OF 22 Attorney Garganese read Ordinance 2011 -11 by "Title" only. Mayor Lacey opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input " portion of the Agenda Item. Mayor Lacey asked, "Is there a Motion to Adopt Ordinance 2011 -11 ?" "SO MOVED." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department — Planning Division REQUEST: Requests That The City Commission Hold A Public Hearing For The First Reading Of Ordinance 2011 -12, Which Adopts The City's Five (5) Year Schedule Of Capital Improvements In Accordance With The Community Planning Act For FY (Fiscal Year) 2012 Through FY (Fiscal Year) 2017. FISCAL IMPACT: The Capital Improvements Program (CIP) Is A 6 -Year Schedule Of Improvements That Includes The Capital Improvements Element Schedule And All Other Capital Projects Subject To Funding By The City. Those Items In The CIP For "Year One, 2011/[20']12" Are Included In The FY (Fiscal Year) 2012 Budget. 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 22, 2011 PAGE 16 OF 22 RECOMMENDATION: Staff And The Planning And Zoning Board Recommend Approval Of The First Reading Of Ordinance 2011 -12 Which Adopts The City's Five (5) Year Schedule Of Capital Improvements And Moving Said Ordinance Forward To Second Reading. Mr. Bobby Howell, AICP, Planner, Community Development Department mentioned a replacement page that had been provided to the City Commission at this meeting. Mr. Howell then commented on this Agenda Item. Mayor Lacey asked "Is there a Motion to read by `Title' only ?" "SO MOVED." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BONNER. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2011 -12 by "Title" only. Mayor Lacey opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input" portion of the Agenda Item. Mayor Lacey asked, "Is there a Motion to move it (Ordinance 2011 -12) to Second Reading ?" "SO MOVED." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department — Planning Division REQUEST: Requests That The City Commission Postpone For 30 Days And Preserve The Original Advertising, The Public Hearing And Recommendation For First Reading Of Ordinance 2011 -08, Which Revises The Regulatory Language For Home Occupations And Home Offices In The City's Code Of Ordinances, To Allow Staff Additional Time To Meet With Concerned Citizens In Regards To The Content Of This Ordinance. (First Reading Of This Ordinance Was Previously Continued From The July 25, 2011 City Commission Meeting To August 22, 2011.) FISCAL IMPACT: While There Is No Immediately Measurable Fiscal Impact Associated With This Ordinance, The Intent Is To Create A More Predictable And Defined Framework Within Which Home - Based Businesses Can Be Fostered And Become Viable Within The Residential Portions Of The City Without Becoming A Potential Nuisance To The Neighborhood. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 22, 2011 PAGE 17 OF 22 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: On July 25, 2011, The City Commission Postponed First Reading Of Ordinance 2011 -08 Until August 22, 2011 To Preserve Advertising And To Allow Staff Time To Address Citizen Commentary With Respect To The Ordinance. At This Time, Staff Is Continuing To Work With Citizens With Respect To The Proposed Ordinance. Therefore, Staff Recommends That The City Commission Postpone First Reading Of This Ordinance To The September 26, 2011 City Commission Meeting. Mayor Lacey and Manager Smith briefly commented on the proposed postponement of this Agenda Item and Ordinance. 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 POSTPONE TO SEPTEMBER 26 (2011)." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BONNER. DISCUSSION. MAYOR LACEY REITERATED THE MOTION AND STATED, "POSTPONE FIRST READING OF ORDINANCE 2011 -08 TO THE MEETING OF SEPTEMBER 26 (2011)." VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Public Works Department REQUEST: Requests The City Commission Review The Final Engineering /Site Plan And Aesthetic Review For The Lake Jesup Reclaimed Water Augmentation Facility Located At The Northwest Corner Of Central Winds Park Near The Shore Of Lake Jesup. FISCAL IMPACT: This Agenda Item Is Requesting Approval Of The Final Engineering /Site Plan And Aesthetic Review, Which Has No Fiscal Impact. The Changes Needed For The Public Access Improvements Are Projected At $58,000.00 Which Would Increase The Construction Costs By That Amount. Sufficient Funds Will Be Available From The State Revolving Loan Fund For These Added Costs. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 22, 2011 PAGE 18 OF 22 At The July 11, 2011 City Commission Meeting, The Commission Authorized Entering Into A Contract For Construction At A Cost Of $2,325,293.30 Plus 5% Contingency. Staff Would Request The Contingency Be Increased By $58,000.00 To Incorporate The Public Access Improvements. 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 Approve The Final Engineering /Site Plan And Aesthetic Review For The Lake Jesup Reclaimed Water Augmentation Facility, And Provide Direction Regarding The Upgrades Required To Meet Public Access Standards. Staff Requests The Previous Construction Contingency Authorization Be Increased By $58,000.00 If The Public Access Improvements Are Included In The Site Plan Approval. Mr. Brian Fields, P.E., City Engineer, Public Works Department introduced this Agenda Item for discussion. Mr. Terry Zaudtke, P.E., DEE, Executive Vice President, CPH Engineers, 1117 East Robinson Street, Orlando, Florida :: addressed the City Commission on this Agenda Item and showed some slides depicting different aspects and views of this proposed project, as recently revised and shown in this Agenda Item. 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. Commissioner Bonner stated, "Well done on the redesign." Continuing, Commissioner Bonner asked if the site had "Additional parking design capacity were there to become either a recreational or commercial application for that pier /dock potential ?" Mr. Fields stated, "Yes it does." Mr. Fields then showed some slides related to this discussion point and noted, "I would say the parking would be developed in the style of the rest of the parking in Central Winds Park. We have unpaved parking spaces with wheel stops. That initial parking area would be right here. This is an access road really for a Fire Department vehicle to service this site. There is room and the grade is adequate where you could park all the way around this perimeter as well as on the interior here, easily accommodate twenty (20), thirty (30) spaces, possibly more." Discussion followed on handicapped access /parking, and it being a place the public could visit. Concerns with safety issues were addressed next to which Commissioner Bonner then inquired, "Do we need to have any sort of emergency alert — out there? A hot phone that somebody could pick up if something happened, if an incident occurred out on the pier or in the water ?" Further related comments followed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 22, 2011 PAGE 19 OF 22 Mr. Caldwell stated, "Certainly. We have Staff presence in the park where we have our Park Rangers that do patrol the park on a regular basis for safety. They do go into that area." Commissioner Bonner then said to Mr. Caldwell, "So, you would add that to your normal patrol process ?" Mr. Caldwell responded, "That's correct. We would do that and then certainly we'd consider — some type of a call feature as well, if that's necessary." Further discussion ensued on safety concerns with comments on when gated access is secured, and where access is located. Possible funding was then addressed to which Mr. Zaudtke elaborated on a "Letter to incur costs" which the City received. Mayor Lacey asked the City Commission, "Is there a Motion to Approve Engineering and Aesthetic Review ?" "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MR. FIELDS ADDED, "JUST WANT TO MAKE SURE TO CLARIFY DIRECTION REGARDING THE UPGRADE TO FIFTY -EIGHT THOUSAND DOLLARS ($58,000.00)." COMMISSIONER KREBS STATED, "ABSOLUTELY." DEPUTY MAYOR HOVEY ADDED, "INCLUDING THE UPGRADES." MAYOR LACEY SUGGESTED, "ALL OF ITEM `503' IS BEING APPROVED." NO OBJECTIONS WERE NOTED. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Office Of The City Manager REQUEST: Requesting The Commission To Review Information Regarding The City Manager's Annual Performance Evaluation For The Evaluation Period Ending May 25, 2011. FISCAL IMPACT: Due To Budget Constraints, City Employees Were Not Given Merit Increases And No Funds Are Allocated For This Purpose In FY (Fiscal Year) 2011. 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 22, 2011 PAGE 20 OF 22 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 Review And Utilize The Information Provided In This Agenda Item (As Well As Any Other Data/Information Deemed Appropriate) For Purposes Of Evaluating And Rating The City Manager's Performance For The Annual Review Period Ended May 25, 2011, Via The Attached City Manager Evaluation Form Or Other Method The Individual Mayor /Commissioner Deems Appropriate. Manager Smith introduced this Agenda Item and commented, "I would ask that you take that information and either use the form or whatever method you see fit, and perform said Evaluation in the next thirty (30) days or so or whatever time period is agreeable to the City Commission." Discussion followed on the "360" Evaluation, and how the "360" Evaluation was handled. Mayor Lacey then stated, "To summarize what I think is happening here — you have already gone to your subordinates, your Directors and one (1) level below, that input we have here. Now we have the form that we can take whatever method we are comfortable with, to provide our feedback to you." Manager Smith responded, "Of course." Further, Manager Smith added, "I would only ask that if I didn't provide sufficient information, please let me know that and I will get you whatever you need to effectively and properly perform the Eval[uation]." Deputy Mayor Hovey asked Manager Smith if he could email them a "Word" version of the Evaluation form. Manager Smith stated, "Certainly." Commissioner Resnick inquired, "How do we report back ?" Manager Smith explained, "The approach the Commission had taken in the past - and I would ask if you all are comfortable with the same approach; the approach previously for those Commissioners that did fill out the form, was to either call and then share them with me through a verbal conversation and ultimately, to provide them to Shawn (Boyle) for cataloging." Discussion followed on what is done for other Charter Officers, related to the Evaluation process, and whether they followed the same process with a "360" Evaluation. Mayor Lacey noted, "I assumed that the Attorney, the Clerk, and the Manager would follow similar processes." Commissioner Krebs stated, "We were fine the way it was last year. Did you want to change it ?" Mayor Lacey noted, "It seems that the Manager has come up with a creative way of getting input in there, and I think we would benefit from that, by all the Charter Officers." Mayor Lacey then said to Attorney Garganese, "Has that process been used in your case ?" Attorney Garganese responded by saying, "No." Further comments followed on differences between the three (3) Charter Officers. Commissioner Bonner remarked, "I would support allowing the Clerk to benefit from the `360' Review process, but again, it is a smaller body to get that feedback from." Discussion ensued on issues with achieving anonymity. Commissioner Bonner added, "Certainly all of them benefit from our feedback; and I for one, like to practice the one -on -one in providing that feedback on their performance for this year, but also in helping them to establish goals for the upcoming year." Mayor Lacey suggested that a "360" Evaluation for the City Clerk could include Staff and/or Department Directors. Commissioner Krebs added, "Why don't you see what happens when she provides you with — what she is going to provide you with and then let us take a look at it then. I am just suggesting. I mean there is a difference in interaction and actually the duties of a City Manager and the duties of a City Clerk, as well as the Attorney." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 22, 2011 PAGE 21 OF 22 With brief comments on what the City Clerk thought, Mayor Lacey stated, "I am perfectly content following Commissioner Krebs' suggestion, we will let the process unfold and see how it goes." Commissioner Bonner remarked about the City Manager's report and commented, "Really an impressive volume of activity and success in this prior year — I certainly appreciate the thoroughness of your report; of reflecting on how much has taken place in this Fiscal Year. You really did take to heart our feedback from Last year and take on the challenges that we put before you; and quite frankly, you have led your team to really some significant, possibly historic accomplishments for the City, so well done in that regard. I look forward to our time together to share the upcoming recommendations for your new challenges in the coming year. And the last observation, is that in your feedback, there were some verbatims that indicated some opportunities there and I know you take those to heart and really the best comments you can receive are the ones that will drive personal growth..." Manager Smith added, "...Agreed..." Commissioner Bonner continued, "...And I certainly know that you share that opinion and I look forward to speaking with you a little bit about that as well. So, overall, well done." REGULAR 601. Office Of The City Attorney REQUEST: Requests That The City Commission Adopt Resolution 2011 -43, Which Extends The Moratorium As To The Filing And /Or Receiving Of Any Application For, Or The Issuance Of, Business Tax Receipts Or Land Use Approvals, Regarding The Operation Of "Pain Management Clinics" For An Additional Ninety (90) Days. COMMUNICATIONS EFFORTS: FISCAL IMPACT: There May Be A De Minimis Fiscal Impact Associated With Passage Of This Ordinance Since The Ordinance Prohibits The City From Accepting Payments Of The Business Tax For Pain Management Clinics During The Moratorium Time Period. RECOMMENDATION: The City Attorney Recommends That The City Commission Adopt Resolution 2011 -43 To Extend The Moratorium Established In Ordinance 2010 -22 For An Additional 90 Days. "MOTION TO EXTEND NINETY (90) DAYS, AS REQUESTED." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. MAYOR LACEY REITERATED THE MOTION "THAT THE MORATORIUM BE EXTENDED BY NINETY (90) DAYS; IN EFFECT, ADOPTING RESOLUTION 2011 -43." VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. Mayor Lacey summarized, "The extension is Approved." In other City business, Commissioner Bonner then complimented Commissioner Krebs on her recall about a previous discussion on the Lake Jesup Reclaimed Water Augmentation facility project and added, "That was really beneficial that you brought forward — your recollections about what we all hoped that project would be." Commissioner Bonner additionally said to Commissioner Krebs, "You did the right thing and I thank you for bringing that forward." Further comments. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — AUGUST 22, 2011 PAGE 22 OF 22 PUBLIC INPUT No one spoke. Mayor Lacey closed this "Public Input" portion of the Agenda. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:33 p.m. RESPECTFULLY SUBMITTED: • •' '17 LORENZO- LUACES, MMC CI• Y CLERK APPROVED: a ►" R C %' ESL: ' EY NOTE: These Minutes were Approved at the September 12, 2011 City Commission Regular Meeting.