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HomeMy WebLinkAbout2011 09 26 Consent 207 Requesting Approval Of the City Commission September 12, 2011 Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES REGULAR MEETING MONDAY, SEPTEMBER 12, 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- SEPTEMBER 26, 2011 PAGE 2 OF 28 CALL TO ORDER The Regular Meeting of Monday, September 12, 2011 of the City Commission was called to Order by Mayor Charles Lacey at 5:28 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Mayor Charles Lacey recognized former Mayor Paul Partyka and former Commissioner Donald Gilmore who were in the audience. Roll Call: Mayor Charles Lacey, present Deputy Mayor Jean Hovey present Commissioner Rick Brown, present Commissioner Gary Bonner, present Commissioner Cade Resnick, present Commissioner Joanne M. Krebs, absent City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present A moment of silence was held, followed by the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department REQUEST: Advising The City Commission Of The Status Of Various Current Planning Projects. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And 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 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- SEPTEMBER 26, 2011 PAGE 3 OF 28 INFORMATIONAL 101. Littlejohn Engineering Associates [City Consultant] (fka: Land Design Innovations, Inc.) REQUEST: Presenting The Summary Report For Economic Development Activities From July 26, 2011 Through August 26, 2011. The Information In This Agenda Item Will Be Verbally Presented Under Item 300 At The September 12, 2011 City Commission Meeting. 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 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 Being Asked To Review And Accept The Information In This Agenda Item. No discussion INFORMATIONAL 102. Community Development Department — Planning Division REQUEST: Providing An Overview Of The Community Planning Act To The City Commission. FISCAL IMPACT: There Is No Direct 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 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 Being Asked To Review And Accept The Information In This Agenda Item. There was no discussion on this Agenda Item CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 26, 2011 PAGE 4 OF 28 "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BONNER. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. ❖ ❖ AGENDA NOTE: DURING DISCUSSION OF THE CONSENT AGENDA, NO CONSENT AGENDA ITEMS WERE SPECIFICALLY DISCUSSED DURING THIS SECTION PRIOR TO THE VOTE; HOWEVER, BRIEF COMMENTS ON CONSENT AGENDA ITEM "208" IS NOTED ON PAGES 12 -13 OF THESE MINUTES. ❖ ❖ CONSENT AGENDA CONSENT 200. Community Development Department - Urban Beautification Services Division REQUEST: Requesting That The City Commission Approve A Request From The Tuscawilla Home Owners Association To Install Granite Monuments At Two Flag Poles On Winter Springs Boulevard In Honor Of Tuscawilla Residents Who Have Served America Either In The Military Or In A Civil Capacity. FISCAL IMPACT: Approval Of This Request Will Have No Known Fiscal Impact To The City. The THOA (Tuscawilla Home Owners Association) Has Agreed To Pay For All Costs Of Purchase, Installation, And Maintenance Of The Monuments. 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: TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY BOARD: At A Regular Meeting On July 20, 2011, The TLBD (Tuscawilla Lighting And Beautification District) Advisory Board Voted Unanimously To Endorse The Proposal From THOA (Tuscawilla Home Owners Association) For Approval By The City Commission, With Any Desired Changes Necessary As Deemed Appropriate. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 26, 2011 PAGE 5 OF 28 STAFF: Staff Recommends That The City Commission Approve This Request From The Tuscawilla Home Owners Association To Install Granite Monuments At Two Flag Poles On Winter Springs Boulevard In Honor Of Tuscawilla Residents Who Have Served America Either In The Military Or In A Civil Capacity, As Proposed And Per The Attachments Below. Also, Staff Recommends That The City Commission Authorize The City Manager And The City Attorney To Prepare And Execute Any And All Applicable Documents Related To This Approval. No discussion. CONSENT 201. Public Works Department REQUEST: Requests The City Commission Approve The Winter Springs Village Phase 1 Plat And Authorize The Plat To Be Recorded, Subject To Satisfaction Of All Outstanding Staff Review Comments. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. The Applicant Is Responsible For Payment Of All Review And Recording Fees. 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: Staff Recommends The City Commission Approve The Winter Springs Village Phase 1 Plat, Subject To Satisfaction Of All Staff Review Comments, And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. This Agenda Item was not discussed CONSENT 202. Community Development Department — Urban Beautification Services Division REQUEST: Presenting A Request For Approval From The Highlands Homeowners Association For The Upgrade Of Sixteen Basic Street Lights To Decorative Street Lights And For The Installation Of Ten New Decorative Street Lights On Shepard Road Within The Highlands Subdivision. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 26, 2011 PAGE 6 OF 28 FISCAL IMPACT: NSSLIA (Neighborhood Street Sign And Light Improvement Agreement) Requires The City To Be Responsible For Reimbursement Of The `Base Rate' For Each Decorative Street Light, Payable Quarterly To The Participating Neighborhood Group. If Approved HHA (Highlands Homeowners Association) Would Have Ninety (90) Decorative Street Lights In The Program; A Total Reimbursement Of $14,893.20 From The City Annually (At The Current Base Rate Of $13.79), With An Increased Cost To Street Lighting Line Code (1526 - 54321) In The Amount Of $2,200.00. This Increased Cost Is Not Included In The FY (Fiscal Year) 2011/[20']12 Street Lighting Budget And Would Need To Be Added If The Request From HHA (Highlands Homeowners Association) Is Approved. 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: Staff Recommends That The City Commission Take The Following Actions Related To The Street Light Request Of The Highlands Homeowners Association: 1. Approve An Addendum To The Existing NSSLIA (Neighborhood Street Sign Light Improvement Agreement) For The Upgrade Of Sixteen (16) Basic Street Lights To Decorative Street Lights And The Installation Of Ten (10) New Decorative Street Lights Along Shepard Road, Based Upon The Public Safety Benefit Achieved As A Result Of The Project. 2. Approve $2,200.00 In Additional Budget For The FY (Fiscal Year) 2011/[20']12 Proposed Budget, Street Lighting (Line Code 1526 - 54321). 3. Deny The Request For The City To Share Equally In The Capital Cost Of Adding Ten (10) New Decorative Street Lights In The Amount Of $3,900.00, Due To The City's Precedence Of Not Subsidizing The Construction Costs For New Decorative Street Lights As Part Of A Community Upgrade. 4. Authorize The City Manager And The City Attorney To Prepare And Execute Any And All Applicable Documents Related To This Issue. No discussion. CONSENT 203. Parks And Recreation Department REQUEST: Requests The City Commission To Authorize The Mayor To Execute The Seventh Addendum To The MV Transportation Agreement For Senior Center Transportation For One (1) Year. FISCAL IMPACT: Budgeted In [20']11/[20']12, Account 7250 - 53186. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 26, 2011 PAGE 7 OF 28 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 Parks And Recreation Department Recommends Approval Of The Transportation Disadvantaged Services Agreement Seventh Addendum For Senior Center Transportation. There was no discussion on this Agenda Item. CONSENT 204. Information Services Department REQUEST: Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. FISCAL IMPACT: There Is No Cost To Dispose Of These Surplus Assets. The City Receives Revenue Generated From Items Sold At Auction. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To Applicable City Staff, eAlert /eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has 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 Requested That The City Commission Approve The Disposition Of The Attached List Of Surplus Assets. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 26, 2011 PAGE 8 OF 28 CONSENT 205. Finance And Administrative Services Department REQUEST: Requests That The City Commission Adopt Resolution No. (Number) 2011 -44 Establishing A Special Payment Arrangement Policy For The Water And Sewer Utility. FISCAL IMPACT: No Funding Is Necessary To Implement The Special Payment Arrangement Policy. 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. RECOMMENDATION: Staff Recommends Approval Of Resolution 2011 -44 Establishing A Special Payment Arrangement Policy Per Ordinance 2011 -11. This Agenda Item was not discussed CONSENT 206. Finance And Administrative Services Department REQUEST: Requests That The City Commission Adopt Resolution No. (Number) 2011 -45 Amending The City's Bank Draft Policy. FISCAL IMPACT: No Additional Funding Is Necessary To Implement The Bank Draft Policy. 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. All Communications Will Be Updated To Reflect The New Bank Draft Policy — i.e. Bank Draft Authorization Form, Website, Welcome Bag Materials, Etc. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 26, 2011 PAGE 9 OF 28 RECOMMENDATION: Staff Recommends Approval Of Resolution 2011 -45 Amending The Bank Draft Policy. No discussion. CONSENT 207. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Requesting The Commission Consider Adoption Of Resolution 2011 -46, Amending Policy 17.4 Of The Winter Springs Personnel Manual Related To Meals And Breaks. FISCAL IMPACT: This Is No Direct Fiscal Impact On The Organization's Budget. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To Applicable City Staff, eAlert /eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: City Manager And Director Of Finance And Administrative Services Recommend The Commission Adopt Resolution 2011 -46 Amending Policy 17.4 Of The Winter Springs Personnel Manual To Allow Operational Discretion To Determine The Length And Timing Of Employee Breaks. There was no discussion on this Agenda Item. CONSENT 208. Finance And Administrative Services Department REQUEST: Requesting Authorization From The City Commission To Extend The City's Current Contract With Severn Trent Environmental Services, Inc. To Read City Water Meters For The Contract Period October 1, 2011 To September 30, 2012. FISCAL IMPACT: Funding Is Payable From The Utility Billing Division Of The Finance And Administrative Services Department (General Fund 1360 - 53188) At A Cost Of $0.72 Cents Per Manual - Read Meter, $0.62 Per Touch -Read Meter And $0.62 Per Remote -Read Meter, Which Is Unchanged From The Current Fiscal Year. Most Of Our Meters Are Manually Read With The Exception Of Courtney Springs And A Portion Of Parkstone Which Are Touch - Reads. The General Fund Will Be Reimbursed By The Water And Sewer Utility Fund For 100% Of The Fees Charged. The 2011 -2012 Proposed Budget Has Included $126,000.00 For This Contract. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 26, 2011 PAGE 10 OF 28 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 ToApplicable 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 Authorization Be Granted To Extend The City's Contract With Severn Trent Environmental Services, Inc. To Read City Water Meters For The Contract Period October 1, 2011 To September 30, 2012 At The Following Price Structure: $0.72 Cents Per Manual - Read Meter, $0.62 Per Touch -Read Meter And $0.62 Per Remote -Read Meter; And That Authorization Be Given To The City Manager And The City Attorney To Prepare And Execute The Necessary Documents For The Contract Extension. No discussion. CONSENT 209. Finance And Administrative Services Department And Police Department — Criminal Investigations Unit REQUEST: Requesting City Commission Consider Approval Of Resolution 2011 -48 Designating The City Manager, Finance And Administrative Services Director And The Public Works /Utility Director As Authorized Representatives To Execute Documentation Required By The Branch Banking And Trust Company On Behalf Of The City Of Winter Springs. FISCAL IMPACT: Monies For The Confidential Fund Account Are To Come From The Special Law Enforcement Trust Fund (Local And /Or Federal) Which Are Monies That Are Received From The Seizure Of Property Obtained During The Enforcement Of Law On Illegal Activities, The Proceeds Of Which Are Restricted For The Purposes Of Furthering Law Enforcement Efforts Exclusive Of Salaries And Vehicles. 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- SEPTEMBER 26, 2011 PAGE 11 OF 28 RECOMMENDATION: Designate The City Manager, Finance And Administrative Services Director And The Public Works /Utility Director As Authorized Representatives To Execute Documentation Related To This Account. Allow The City Manager And City Attorney To Coordinate And Execute Any And All Documents Needed To Facilitate These Transactions. This Agenda Item was not discussed. CONSENT 210. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Requests That The City Commission Consider A Rebalancing Of The Pension Fund To Include A Global Bond Investment Of Up To 5% Of The Total City Of Winter Springs Employee Retirement System Funds. FISCAL IMPACT: The Increased Diversification And Exposure To The Global Bond Market Will Potentially Increase The Portfolios Yield, Consequently Decreasing The City's Required Funding Requirements To The Employee Pension Plan. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To Applicable City Staff, eAlert /eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: City Manager And Board Of Trustees Recommend The Commission Approve The Addition Of The Global Bond Mutual Fund To Invest On Behalf Of The City Of Winter Springs General Employees' Retirement System And To Modify The Current Investment Policy As Describe Here - In. Additionally, To Allow The City Manager And City Attorney To Coordinate And Execute Any And All Documents Needed To Facilitate These Transactions. No discussion. CONSENT 211. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The August 22, 2011 City Commission Regular Meeting Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 26, 2011 PAGE 12 OF 28 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 22, 2011 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BONNER. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. ❖❖ AGENDA NOTE: CONSENT AGENDA ITEM "208" WAS ADDRESSED INDIVIDUALLY AND BRIEFLY HERE, AS DOCUMENTED. THIS AGENDA ITEM WAS VOTED ON AS PART OF THE CONSENT AGENDA AND THUS WAS PREVIOUSLY REFERENCED ON PAGES 9 -10, AND ON THIS PAGE AND THE NEXT, OF THESE SAME MINUTES. ❖ ❖ CONSENT AGENDA CONSENT 208. Finance And Administrative Services Department REQUEST: Requesting Authorization From The City Commission To Extend The City's Current Contract With Severn Trent Environmental Services, Inc. To Read City Water Meters For The Contract Period October 1, 2011 To September 30, 2012. FISCAL IMPACT: Funding Is Payable From The Utility Billing Division Of The Finance And Administrative Services Department (General Fund 1360 - 53188) At A Cost Of $0.72 Cents Per Manual - Read Meter, $0.62 Per Touch -Read Meter And $0.62 Per Remote -Read Meter, Which Is Unchanged From The Current Fiscal Year. Most Of Our Meters Are Manually Read With The Exception Of Courtney Springs And A Portion Of Parkstone Which Are Touch - Reads. The General Fund Will Be Reimbursed By The Water And Sewer Utility Fund For 100% Of The Fees Charged. The 2011 -2012 Proposed Budget Has Included $126,000.00 For This Contract. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 26, 2011 PAGE 13 OF 28 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 ToApplicable 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 Authorization Be Granted To Extend The City's Contract With Severn Trent Environmental Services, Inc. To Read City Water Meters For The Contract Period October 1, 2011 To September 30, 2012 At The Following Price Structure: $0.72 Cents Per Manual - Read Meter, $0.62 Per Touch -Read Meter And $0.62 Per Remote -Read Meter; And That Authorization Be Given To The City Manager And The City Attorney To Prepare And Execute The Necessary Documents For The Contract Extension. Mayor Lacey referenced this Consent Agenda Item and stated, "In the Agenda Item, it pointed out that the Vendor was entitled to a cost of living increase, and yet, somehow, our Finance Director (Shawn Boyle) convinced them to renew and forgo that cost of living increase; so, thank you Shawn (Boyle) for staying on top of that! Deputy Mayor Jean Hovey also said, "Thank you!" AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Littlejohn Engineering Associates [City Consultant] (fka: Land Design Innovations, Inc.) REQUEST: Asking The City Commission To Receive A Presentation From Littlejohn Engineering Associates Updating The City Commission On Economic Development Efforts. (Follow Up Presentation From Informational Agenda Item "101 ".) Mr. John M. Jones, AICP, Senior Planner, Littlejohn Engineering Associates, 1770 Fennel Street, Suite 200, Maitland, Florida: addressed the City Commission and mentioned that for the September 26, 2011 City Commission Regular meeting, "We'll be bringing forward the Tax Abatement operational languages for the implementation of the Tax Abatement Incentive Program; and we'll also be bringing forward the Jobs Growth Incentive Program for First Reading and Approval." Continuing, Mr. Jones advised the Mayor and City Commission that he had been working with a couple of interested companies who are possibly considering opening a business in the City of Winter Springs. Commissioner Gary Bonner suggested that Mr. Jones could contact former Mayor John Bush regarding someone he and former Mayor Bush had discussed who was possibly interested in looking at leasing office space in the Vistawilla Office Building for a new business. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 26, 2011 PAGE 14 OF 28 REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese commented on the "Tuscora Right Turn Lane Acquisition" and some related issues he had been dealing with and mentioned that the Closings with two (2) homeowners were anticipated to occur in approximately ten (10) days. REPORTS 401. Office Of The City Manager — Kevin L. Smith City Manager Kevin L. Smith thanked Ed and Nancy Riordan for the excellent " 9 -11 Memorial" Ceremony that was held on Sunday, September 11, 2011 here at City Hall. Manager Smith also thanked Mr. Chris Caldwell, Director, Parks and Recreation Department for his and his Staff's assistance with this event. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC City Clerk Andrea Lorenzo - Luaces advised the Mayor and City Commission that, "I'll be sending you some information within the next week on upcoming Board of Trustees Appointments." Related to (Advisory) Board and Committee Appointment Applications, Mayor Lacey commented that these Applications mentioned that original signatures are required, thus no emails or facsimile copies could be submitted. We're really trying to go to more of a paperless way." Mayor Lacey then asked if we could be more flexible and be able to accept completed Board and Committee Appointment Applications via email or facsimile delivery. Additionally, Mayor Lacey asked Attorney Garganese, "Is there a hard requirement for us to have an original signature for the Application ?" Attorney Garganese responded, "The City could accept a faxed signature..." Mayor Lacey added, "...Or an email of a scanned document..." Attorney Garganese added, "...Yes. If they want to yes, sign the Application and then scan it and send it to the City, I think that would be acceptable." Mayor Lacey then remarked, "I would like to ask the Clerk to do that if the Commission doesn't object. Any objections to that ?" There were no objections voiced. Following up, Mayor Lacey said to City Clerk Lorenzo- Luaces, "Would you make the change on that form so it will be a little easier to deal with ?" City Clerk Lorenzo- Luaces responded, "Of course." REPORTS 403. Office Of Commissioner Seat Two — The Honorable Rick Brown Commissioner Rick Brown mentioned he was now back in town. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 26, 2011 PAGE 15 OF 28 REPORTS 404. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Bonner welcomed Commissioner Brown back. Next, Commissioner Bonner commented that he would be attending a U.S. Highway 17/92 Community Redevelopment Agency (CRA) - Redevelopment Planning Agency (RPA) meeting on Thursday, September 15, 2011. Commissioner Bonner then mentioned that if anyone identified "Any prospective businesses or any existing businesses on the (U.S. Highway) 17/92 Corridor within our City limits that are interested in redevelopment, I would be delighted to bring that forward or work with that candidate and I know our Staff would as well, to go after some of these dollars that are set aside for that purpose." REPORTS 405. Office Of Commissioner Seat Four — The Honorable Cade Resnick No Report. REPORTS 406. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Absent. REPORTS 407. Office Of The Mayor — The Honorable Charles Lacey Mayor Lacey mentioned the next CALNO (Council of Local Governments in Seminole County) meeting was scheduled for Wednesday, October 5 2011; that he was unable to attend; and that Winter Springs has not designated an Alternate. Mayor Lacey then asked the City Commission, "Is anybody interested in being the Alternate and could you go to the October 5 2011 meeting ?" Deputy Mayor Hovey said, "I can go." Mayor Lacey then asked Deputy Mayor Hovey, "Are you also volunteering to be the Alternate ?" Deputy Mayor Hovey responded, "Sure." As to the location of the October 5 2011 CALNO (Council of Local Governments in Seminole County) meeting, Mayor Lacey remarked that he would provide Deputy Mayor Hovey with location information. Continuing, Mayor Lacey mentioned a request from the "Keep Seminole Beautiful' organization asking the City to put together a Team and participate in a Bowling Tournament scheduled for Saturday, September 24 2011 at 3:00 p.m. Mayor Lacey noted that he would be attending and asked if others would also be willing to. Manager Smith remarked that he would participate. Commissioner Brown and Commissioner Cade Resnick both noted that they would not be able to attend. Commissioner Bonner said he might be able to participate. Mayor Lacey then remarked, "Staff be forewarned, I will probably be coming to you to ask for Volunteers as we get through the head count." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 26, 2011 PAGE 16 OF 28 Next, Mayor Lacey mentioned he had met with some citizens who were interested in a community swimming pool and noted, "I have suggested that they work through some of the other jurisdictions - see if the School Board would be interested, or the County, and to bring it forward to Commissioners, and perhaps under Public Input, we might even hear from some." "CBC — Community Based Care of Seminole is having a breakfast on September 22 d , 2011 (at 7:30 a.m.) that they would like to have Winter Springs fill a table for and I have not committed to it but I will if we can get some other people to go to that." Mayor Lacey also noted that Mayor Joe Durso of Longwood is Vice President of this organization, and inquired who might be able to attend. Commissioner Brown and Commissioner Bonner noted they were not available to attend. Deputy Mayor Hovey noted that she could attend if Mayor Lacey would also be attending. Mayor Lacey summarized, "I will see how many Volunteers we can get for that and I will be back in touch. Thanks Deputy Mayor (Hovey)." Mayor Lacey then spoke of some recent Mayors and Managers meetings /discussions and explained that a current topic of conversation was, "In anticipation of the Legislative Delegation that is meeting Friday at the Board of County Commissioners, the School Board is proposing language to the Legislature to allow the one (1) penny - Charter County Transportation penny that is likely to be proposed by the County in the next year or two (2) primarily for SunRail needs, to allow language to be inserted in that that would permit the County, by Interlocal Agreement to allow a portion of those proceeds to go to the School Board or their operational needs." With further comments by Mayor Lacey that the Winter Springs City Commission has not taken a position; and that the Mayors and Managers agreed at this morning's meeting that "As a group, they would not a position on this issue because the opinion is too broad across the spectrum." Continuing, Mayor Lacey noted he was not taking a position from everyone, but just wanted to share the information. Mayor Lacey offered his heartfelt thanks to Manager Smith; Mr. Caldwell; Mr. Brian Dunnigan, Program Coordinator, Parks and Recreation Department; and Mr. Michael Barclay, Recreation Superintendent, Parks and Recreation Department for their assistance with the "9 -11 Memorial" Ceremony, that was held on Sunday, September 11, 2011 at City Hall; and noted his apologies for any oversight in not acknowledging them which was totally unintentional. Manager Smith mentioned that Chief of Police Kevin Brunelle had also attended. Mayor Lacey offered his sincere thanks to Chief Brunelle as well. With further comments about the portion of the one (1) cent Sales Tax, Commissioner Resnick said to Mayor Lacey, "Is that `In lieu of or an `Add -on', to the request for Millage ?" Mayor Lacey responded, "I think it ends up being an `Add -on' with the best possible scenario being that the Millage would be for short term duration and there would be a transition period but nothing is cast in stone. The School Board has not decided yet to go for the Millage on this Spring Ballot — they simply decided not to do that for the November Ballot. The decision on when and how to do that is not time critical anymore, so we are probably a couple of months away from them making that decision. I would hope that if they wanted to go for the Millage, that there would be some contract in place that would transition away from that, if they got sufficient funds out of the penny. Because the other piece of the equation is for the penny Transportation Tax, it has to be passed by the Voters, then it is subject to the County deciding what allocation they want to agree to with the cities, if any - the School Board." Further comments followed on the Educational Job Fund CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 26, 2011 PAGE 17 OF 28 REPORTS 408. Office Of Commissioner Seat One /Deputy Mayor — The Honorable Jean Hovey Deputy Mayor Hovey noted she and her grandson had recently attended a Boy Scout Pack 196 meeting and that they Boy Scouts were very appreciative of the City and being able to use our facilities. Secondly, Deputy Mayor Hovey commented that a resident had advised a City Staff member that the resident was told "That citizens were treated badly at these meetings; so, I just want any citizen that is here or any citizen that is listening to know that we don't treat citizens badly. We appreciate input! We want input! We want you here! We want to hear what you have to say! So, anybody out there and listening — we want you to come and share your concerns with us." Mayor Lacey added, " I think we all second those comments." PUBLIC INPUT Mr. Paul P. Partyka, 292 Solaris Wharf Street, Winter Springs, Florida: remarked about the City being listed in Money Magazine's "100 Best Places to Live in America" and suggested this recognition be highly promoted; noted how nice the "9 -11 Memorial" Ceremony was that was held yesterday on September 11, 2011, and said that Mayor Lacey did a super job. Mr. Partyka also suggested that some recognition or a Proclamation be given to Mr. Riordan for his efforts. Next, Mr. Partyka commented that he had spoken with Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department about a Town Center Ordinance and that he would be providing some information to Mr. Stevenson. Regarding an Ordinance related to signage, Mr. Partyka thought it should be changed and suggested that business owners be allowed to promote their businesses with balloons, signs, etc. and thought this Ordinance should be suspended for a couple of years in light of the tough economy, including Permit Fees being Waived and Regulations relaxed. Mr. Partyka also mentioned that he thought that the City could share this information via Utility Bills and Press Releases. Manager Smith advised the Mayor and City Commission that "Staff is currently working on this very issue for presentation of a recommendation to you all — either the next coming meeting in September or the first meeting in October." Commissioner Bonner noted that he was in agreement, that he would be looking forward to this presentation, and that this would be a great opportunity for the City's new Economic Development representative position, once filled. Ms. Pam Carroll, 865 Dyson Drive, Winter Springs, Florida: as the President of the Tuscawilla Homeowners Association, Ms. Carroll thanked the City Commission, City Staff including Mr. Steve Richart, Urban Beautification Division Services, Community Development Department for their assistance with the proposed monuments; and suggested that the Mayor and City Commission stop by, once the monuments are installed. Ms. Carroll also thanked the City Commission for approving the monuments. Commissioner Bonner thanked Ms. Carroll and former Commissioner Donald Gilmore for bringing this forward and also thanked the Tuscawilla Homeowners Association for flying their flags at half mast in their community. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 26, 2011 PAGE 18 OF 28 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Manager REQUEST: Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution No. (Number) 2011 -39, Which Establishes The Tentative Operating Millage Rate For Fiscal Year 2011 -2012 For The City Of Winter Springs At 2.4500 Mills Which Is 6.25% Less Than The Rolled - Back Rate Of 2.6133 Mills And The Tentative Voted Debt Service Millage Rate For Fiscal Year 2011 -2012 For The City Of Winter Springs At 0.1100 Mills. FISCAL IMPACT: The Decision To Levy An Operating Millage Rate Of 2.4500 Mills As Opposed To The Rolled -Back Rate Of 2.6133 Mills Results In Reduced Ad Valorem General Fund Revenues Of Approximately $250,000.00. The Decision To Maintain The Voted Debt Service Millage Rate At 0.1100 Mills Required A Subsidy From The General Fund To The Central Winds Debt Service Fund In The Amount Of $55,500.00. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To Applicable City Staff, eAlert /eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. Upon Approval And Adoption Of Resolution No. (Number) 2011 -39, The Appropriate Advertising Will Run In The Orlando Sentinel On September 22, 2011 Which Will Reflect The Tentative Millage Rates For Fiscal Year 2011 -2012 And Announce The Final Public Hearing On September 26, 2011 At 5:15 p.m. RECOMMENDATION: • Recommend That The Commission Adopt Resolution No. (Number) 2011 -39 Establishing The Tentative Operating Millage Rate At 2.4500 Mills And Tentative Voted Debt Service Millage Rate At 0.1100 Mills For Fiscal Year 2011 -2012. • Recommend That The Commission Adopt Resolution No. (Number) 2011 -39 Authorizing The City To Advertise The City's Intent To Hold Public Hearings To Adopt Final Millage Rates And Final Budget In A Newspaper Of General Circulation In Compliance With Florida Statute 200.065. Ms. Kelly Balagia, Budget Analyst, Finance and Administrative Services Department mentioned to the Mayor and City Commission that she had received a complimentary call from the City of Titusville's Finance Director related to Winter Springs' Budget and Millage Rate. Ms. Balagia then spoke briefly on 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 26, 2011 PAGE 19 OF 28 Commissioner Bonner commented on reading articles about other municipalities who have struggled with budgetary issues and noted, "I have yet to see any press coverage of what is happening here in our community; so, just a thought that should this subsequently pass, that I think our City deserves some recognition if the Press would care to honor us with some of that." Mayor Lacey pointed out, "As we have kept the Voted Debt Millage at 0. 1100, and this is the same action that the Commission took a year ago, before I was a part of it, I think that is something that goes little noticed because other communities very easily increase their Voted Debt Millage, just because they can." Mayor Lacey added, "But this Commission, for a couple of years running now, with the prodding from the Manager, have made the choice that we are not going to take the easy way out and just take it because it is available. I think the Commission from a year or two (2) ago, deserves credit for that." "I WOULD LIKE TO MAKE A MOTION THAT THE CITY COMMISSION ADOPT RESOLUTION 2011 -39 ESTABLISHING THE TENTATIVE OPERATING MILLAGE RATE AT 2.4500 MILLS AND THE TENTATIVE VOTED DEBT SERVICE MILLAGE RATE AT 0.1100 MILLS FOR FISCAL YEAR 2011 AND 2012; AND AUTHORIZE THE CITY TO ADVERTISE THE CITY'S INTENT TO HOLD PUBLIC HEARINGS TO ADOPT THE FINAL MILLAGE RATE AND THE FINAL BUDGET IN THE NEWSPAPER OF GENERAL CIRCULATION" COMPLYING WITH FLORIDA STATUTE 200.065. MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Manager Smith stated, "I just would like to publicly convey to everyone, that this Commission, this body just Voted to lower its Millage Rate for Fiscal Year 2012. I applaud you for that accomplishment." Mayor Lacey stated, "Thank you Kevin (Smith)." PUBLIC HEARINGS 501. Office Of The City Manager REQUEST: Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution No. (Number) 2011 -40, Establishing The Tentative Budget For Fiscal Year 2011 -2012. FISCAL IMPACT: The Tentative City -Wide Budgets By Fund Type Currently Reflect The Following Appropriations To (From) Fund Balance: General Fund — ($227,144.00); Comprised Of $1,465.00 Of Positive Operating Coverage And ($228,609.00) In Capital /Non - Recurring Coverage Governmental Funds (Exclusive Of General Fund) — ($2,671,252.00) Enterprise Funds — $956,033.00 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- SEPTEMBER 26, 2011 PAGE 20 OF 28 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. Upon Approval And Adoption Of Resolution No. (Number) 2011 -40, A Budget Summary Advertisement Will Be Placed In The Orlando Sentinel On September 22, 2011 Reflecting The Tentative Budget For Fiscal Year 2011 -2012. RECOMMENDATION: • Recommend That The Commission Approve The Tentative Budget For Fiscal Year 2011 -2012 Or Amend It As It Deems Necessary. • Recommend That The Commission Adopt Resolution No. (Number) 2011 -40 Establishing The Tentative Budget For Fiscal Year 2011 -2012 As Approved By The Commission; And Authorizing The City To Advertise The City's Intent To Hold Public Hearings To Adopt Final Millage Rates And Final Budget And To Include A Budget Summary In A Newspaper Of General Circulation In Compliance With Florida Statute 200.065. Mr. Boyle introduced this Agenda Item and commented on the Budget process. Manager Smith mentioned to the City Commission about an issue with the proposed two percent (2 %) increase for City employees and noted that a number of employees are at the top of their designated pay range. Commissioner Bonner spoke of similar situations he had dealt with in the private sector related to Salary Caps and explained, "Our practice was to not change the Salary Cap but to award the equivalent amount in as a Merit Bonus as it were. It experiences the same taxable treatment for the employee and it does not put you in a position - where you are making salary range changes based on dealing with a Cap. Now, I certainly would recommend that you do a Salary Cap review separate and apart from this undertaking, and you may very well come forward to us with recommendations for changes in the salary ranges since you pointed out they have not addressed since 2006. But I am not comfortable using this recognition, this award event as a reason to arbitrarily change the salary caps ; so, unless there are other policy reasons I am not aware of, my suggestion would be that this award for those employees who are at the salary cap be remitted in the form of a bonus and give you the independent time to address the salary cap matter separately under a normal thorough review, as you always do." Commissioner Brown mentioned a similar situation he just dealt with and the advice he received, "Was to actually pay them out over a series of months ". Manager Smith mentioned he wanted to clarify, "The thought position is - if you've reached the cap of your salary range, you would receive it in the form of a bonus; and clearly, clearly, that is best financial position, clearly." Discussion. Manager Smith noted, "If this would be the Consensus of this body to go forward with the current status which is the Bonus type approach, we would ask that you Approve this Budget, which is essentially akin to the First Reading of an Ordinance." Manager Smith then remarked, "I would ask that you Approve this Budget as is, and then next meeting, when you Adopt the Final Budget, we will make the financial changes and everything will be in order." Further comments. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING— SEPTEMBER 26, 2011 PAGE 21 OF 28 Commissioner Bonner spoke further on his preference and stated, "I strongly recommend that the methodology be a merit award as opposed to an arbitrary change in the salary range." Manager Smith then said, "If that is the desire of this body, we would make those changes accordingly in anticipation of Final Adoption." Tape 1 /Side B Mayor Lacey asked if any budgetary changes would be needed in this Fiscal Year. Manager Smith responded by saying, "The change would be a change downward in the Budget. We took the conservative approach about allocating funds under the thought process of potentially moving the ranges. That not being the desire presumably, then there would be probably a smaller amount of money — Bonus versus Recurring." Next, Mayor Lacey then inquired if a complete "Cody Study" would be needed? Manager Smith responded, "I would respectfully ask that we have that discussion at a future date; because quite frankly I have some thoughts on that, that may not include that." Commissioner Brown noted, "From the employees' perspective, because it is a Merit Bonus, there is no taxable advantage or disadvantage to them, whether it is paid as a Bonus or Salary ?" Manager Smith mentioned, "Pension for example..." Mr. Boyle explained, "...There are implications based on their Benefits from a tax standpoint at the end of the year; you're going to have gross wages of `x' regardless — initially, they will take out more from a Bonus standpoint..." Manager Smith added, "...Yes, you may have — since the Bonus is paid in this current tax year, you may have more income rather than spreading it through the entire year." Commissioner Bonner conveyed that he thought we had some flexibility "Based on the Fiscal Year nature of the City's Budget, to work with the timing of that, that may allow you to conduct these awards at the best time for each employee; so, giving you some flexibility to work" with concern for the best, for each individual's personal situation. Furthermore, Commissioner Bonner commented on the private sector and merit awards and added that when one is at the top of your salary range, "It is incumbent on management to work with those individuals that have an interest to grow beyond that salary range for other opportunities that may exist to allow them to grow beyond that range. But again, I would not support an arbitrary change in the salary range based on our good intent and budgeted desire to recognize all employees equally, at least at the gross payout level." Manager Smith asked, "If there is a Consensus to Commissioner Bonner's position, may I ask if you seek whether or not there is a Consensus for that ?" Mayor Lacey asked the City Commission, "Does anyone on the Commission object to the plan laid out by Commissioner Bonner, to convert what would have been two percent (2 %) salary increases to a two percent (2 %) Bonus structure in keeping the ranges intact? Is anyone in favor of making Salary Cap Adjustments ?" Manager Smith explained, "If that's the case, then there is technically no action required on this body, because that is the current default position. So, then I would, if I may, respectfully ask that the Commission just Approve this Agenda Item as laid out and recommended." Commissioner Brown asked, "Thinking from the employees perspective, is there no advantage or opportunity to pay that Bonus over a series of months so they don't take the full impact in the same tax year ?" Manager Smith and Mr. Boyle said, "Certainly." Commissioner Brown added, "They could spread it out so that they are not seeing a big hit this year... " Mayor Lacey added, "... I think it would be preferable that if it was paid similar to how a salary increase would be paid but classified differently." Commissioner Bonner agreed. Mayor Lacey opened the "Public Input" portion of the Agenda Item. No one spoke. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 26, 2011 PAGE 22 OF 28 Mayor Lacey closed the "Public Input" portion of the Agenda Item. "I WILL MAKE THE MOTION THAT THE COMMISSION APPROVE THE TENTATIVE BUDGET FOR FISCAL YEAR 2011 -2012 AND ADOPT RESOLUTION 2011 -40 ESTABLISHING THE TENTATIVE BUDGET FOR THE FISCAL YEAR 2011 AND 2012 AS APPROVED BY THE COMMISSION; AND AUTHORIZING THE CITY TO ADVERTISE THE CITY'S INTENT TO HOLD PUBLIC HEARINGS TO ADOPT FINAL MILLAGE RATES AND FINAL BUDGET AND TO INCLUDE A BUDGET SUMMARY IN THE NEWSPAPER OF GENERAL CIRCULATION IN COMPLIANCE WITH FLORIDA STATUTE 200.065." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Not Used PUBLIC HEARINGS 503. Office Of The City Manager REQUEST: Requesting The City Commission Consider On First Reading Ordinance #2011 -13 Which Repeals The Public Building Impact Fee. FISCAL IMPACT: The Repeal Of This Impact Fee Will Result In A Savings To New Development Or Redevelopment Of Up To $400.00 Per Dwelling Unit And Up To $925.00 Per 1,000 Square Feet For Commercial Development. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To Applicable City Staff, eAlert /eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. In Addition, Development Services Staff Is Advising Any Affected Applicants In The Permit Review Process Of The Potential Repeal Of This Impact Fee. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 26, 2011 PAGE 23 OF 28 RECOMMENDATION: Staff Recommends The City Commission Hold A Public Hearing And Move To Second Reading Ordinance 2011 -13 Repealing The Public Building Impact Fee. Mayor Lacey inquired, "Is there a Motion to read by `Title' only ?" "MOTION TO READ BY `TITLE' ONLY." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2011 -13 by "Title" and stated, "As the `Title' indicates, this Ordinance if passed, would effectuate two (2) objectives. One (1), it would Repeal the Public Building Impact Fee going forward. Then there's the issue of those funds that have been collected in the last eight (8) years while this Impact Fee has been posed. Those funds are sitting in the Public Building Capital Expansion Trust Fund and pursuant to the Ordinance, the Commission needs to authorize the expenditure of those funds in the recitals, setting forth possible expenditure of those funds for modifications to the City Hall Lobby, as well as the City Hall phone system, and any other project that the Commission may authorize." Manager Smith noted that this had been discussed during Budget Workshops and the Ordinance is just to "Memorialize" the issues previously discussed; that the Ordinance was written with flexibility related to possible later expenditures, "As long as it is consistent with the requirements, the Dual Rational Nexus Test requirement for expenditure of impact fees." Manager Smith noted if that is the case, Staff would provide the City Commission with an 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. "MOTION TO MOVE (ORDINANCE 2011 -13) TO SECOND READING." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 504. Community Development Department — Planning Division REQUEST: Requests That The City Commission Review And Adopt On Second Reading 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 (Capital Improvement Plan) For "Year One, 2011/[20']12" Are Included In The FY (Fiscal Year) 2012 Budget. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 26, 2011 PAGE 24 OF 28 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: Staff And The Planning & Zoning Board( /Local Planning Agency) Recommend That The City Commission Approve Second Reading And Adoption Of Ordinance 2011 -12 Which Adopts The City's Five (5) Year Schedule Of Capital Improvements. Mr. Bobby Howell, AICP, Senior Planner, Community Development Department introduced this Agenda Item and remarked, "No changes have been made to the Capital Improvements Program since the last time." Mayor Lacey opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE ITEM `504' ON SECOND READING." MOTION BY COMMISSIONER BROWN. FOR THE RECORD, ATTORNEY GARGANESE READ ORDINANCE 2011 -12 BY "TITLE" ONLY. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. PUBLIC HEARINGS 505. Community Development Department REQUEST: Requests The City Commission Hold A Public Hearing And Consider A Re- Approval Of The Aesthetic Review Of The Proposed Wall, Located Generally Along The North And Much Of The East Perimeter Of Property Owned By Bart And Cynthia Phillips, North Of SR (State Road) 419 And West Of Layer Elementary School. FISCAL IMPACT: There Is No Direct Fiscal Impact To The City Associated With This Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 26, 2011 PAGE 25 OF 28 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: Staff Recommends That The City Commission Re- Approve The Aesthetic Review For The Proposed Wall Along SR (State Road) 419 And The Common Property Line Between Layer Elementary And The 419 Metals Site, Again, Subject To The Findings As Listed Above. Mr. Stevenson presented this Agenda Item for discussion, and spoke of delays related St. Johns River Water Management District and CSX Corporation. Continuing, Mr. Stevenson explained, "A Permit was issued in April of 2009, but because of those changes, that Permit expired and therefore, eighteen (18) months after your Approval, so did the Aesthetic Review. There have been no changes to the wall." Furthermore, Mr. Stevenson added, "No specific changes have been made to this Aesthetic Review since it was previously reviewed by the Commission; however, because of the eighteen (18) month timeframe, we had to bring it back to you for your reconsideration." Commissioner Bonner commented for the Record that in 2009, he did have a Conflict of Interest; but now, he does not have a Conflict of Interest. Mayor Lacey opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE ITEM `505'." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mr. Stevenson advised the Mayor and City Commission, "It is in the Agenda Item — there is a Permit in place that is being reviewed at this point; however, we needed to get this Approval prior to Approving that Permit; so hopefully, we will be moving ahead with that wall out there shortly." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 26, 2011 PAGE 26 OF 28 REGULAR AGENDA REGULAR 600. Community Development Department — Planning Division REQUEST: Requests That The City Commission Consider The Sunset Review For Ordinance 2010 -08, Which Permits Accessory Dwelling Units (ADUs) As A Conditional Use In Single Family Zoning Districts Subject To Certain Criteria. FISCAL IMPACT: Continuation Of Ordinance 2010 -08 Appears To Create A Positive Fiscal Impact For The City Since A Residential Property With Improvements Typically Results In An Increase To The Taxable Value Of The Property. 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: Staff Recommends That The City Commission Review The Information Contained In This Agenda Item And In Ordinance 2010 -08 And Provide Direction To City Staff As To Whether The Commission Wishes To Repeal Ordinance 2010 -08, Modify Ordinance 2010 -08, Or Leave The Ordinance In Place As It Currently Exists. Mayor Lacey spoke for Record and clarified, "The terminology is a little bit inexact, because to me a Sunset Review implies that it is going to Sunset if we don't do anything, but it really does not. It continues unless the Commission takes action otherwise. So, this is at the Commission's request that it come back for review after it has been in place for some period of time." Mr. Stevenson remarked, "You are correct again. We're bringing this back to you pursuant to Section 10 — of the Ordinance; and it specifies that in September of 2011, that Staff will bring this back." Commissioner Brown asked, "If we leave the Ordinance in place as it currently exists, which is what my recommendation would be, is there anything that keeps it coming back? Do we have to take any action to keep this from coming back to us; because I think we have determined and decided on multiple occasions, this is an integral part of the direction we want to take." Attorney Garganese noted, "I think it was just for this one (1) time; it's not required to come back next year, unless you want it back next year for review." "I WILL MAKE THE MOTION THAT WE TAKE NO ACTION AT THIS TIME AND ALLOW THIS ORDINANCE TO CONTINUE IN FORCE WITHOUT FURTHER REVIEW OR FURTHER DECISIONS ON SUNSETTING." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. MAYOR LACEY ADDED, "A MOTION TO LEAVE ORDINANCE 2010 -08 IN PLACE WITHOUT FURTHER REVIEW OR MODIFICATION." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 26, 2011 PAGE 27 OF 28 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. REGULAR 601. Office Of The City Manager And Office Of The City Attorney REQUEST: Request That The City Commission Consider Approving A December Seasonal Banner Display On City Light Poles (Traffic Mast -Arms) Pursuant To Resolution 2009 -29 ( "Resolution ") To "Celebrate The Season ". FISCAL IMPACT: In Order To Implement The "Celebrate The Season" Banner Display, The City Will Need To Purchase 26 Additional Banners (13 Merry Christmas And 13 Happy Hanukkah). The Cost Of The 26 Banners Is Estimated Not To Exceed $2,500.00. Funding Is Available In The City Manager's Contingency Account. This Expenditure Is Contingent Upon The City Commission's Approval Of This Agenda Item. The City Manager Has Already Authorized The Purchase Of 13 Happy New Year And 13 Celebrate The Season Banners To Replace Existing Worn Out December Seasonal Banners. Funds For This Purchase Had Already Been Budgeted. COMMUNICATIONS EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, 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 Applicable City Staff, eAlert /eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /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. The 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 Requesters. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals RECOMMENDATION: If The City Commission Desires To Proceed With Its Previous Direction To Incorporate "Merry Christmas" And "Happy Hanukkah" Banners Into The December Seasonal Banner Display, The City Manager And City Attorney Recommend That The City Commission Approve The "Celebrate The Season" Banner Display Program Set Forth In Attachment 1. "MOTION TO APPROVE (ITEM `601')." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING— SEPTEMBER 26, 2011 PAGE 28 OF 28 MANAGER SMITH STATED, "I SPOKE TO COMMISSIONER KREBS WHO AGAIN OBVIOUSLY IS NOT HERE TONIGHT, AND SHE ASKED THAT I CONVEY HER SENTIMENTS RELATIVE TO THIS ISSUE WITH YOU ALL WHICH ARE AS FOLLOWS: SHE IS BEYOND SUPPORTIVE OF THE THOUGHT PROCESS OF `MERRY CHRISTMAS', `HAPPY HANUKKAH' AND SO ON, SO FORTH; AND IS HAPPY TO DO SO IN HER DAILY INTERACTIONS DURING THE SEASON, BUT DOES HAVE A CONCERN ABOUT THE COMMISSION TAKING THIS POSITION AS A BODY ON `MERRY CHRISTMAS' BANNERS OR SO ON, ON OUR LIGHT POLES." VOTE: COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC INPUT No one spoke In other City business, Commissioner Brown mentioned an article in a Delta Airlines "Sky" Magazine and asked if a copy of an article about Orlando could be emailed to the Mayor and City Commission, and former Mayor Bush by the City Clerk. Mayor Lacey suggested this also be sent to the City's PR Firm. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:35 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO- LUACES, MMC CITY CLERK APPROVED: MAYOR CHARLES LACEY NOTE: These Minutes were approved at the 1 2011 City Commission Regular Meeting. CITY OF WINTER SPRINGS, FLORIDA 44‘s-net? s 04 A�� I Z - u • vi Incorporated 1959 CITY COMMISSION MINUTES REGULAR MEETING MONDAY, SEPTEMBER 12, 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 - SEPTEMBER 26, 2011 PAGE 2 OF 28 CALL TO ORDER The Regular Meeting of Monday, September 12, 2011 of the City Commission was called to Order by Mayor Charles Lacey at 5:28 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Mayor Charles Lacey recognized former Mayor Paul Partyka and former Commissioner Donald Gilmore who were in the audience. Roll Call: Mayor Charles Lacey, present Deputy Mayor Jean Hovey present Commissioner Rick Brown, present Commissioner Gary Bonner, present Commissioner Cade Resnick, present Commissioner Joanne M. Krebs, absent City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present A moment of silence was held, followed by the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department REQUEST: Advising The City Commission Of The Status Of Various Current Planning Projects. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And 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 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 - SEPTEMBER 26, 2011 PAGE 3 OF 28 INFORMATIONAL 101. Littlejohn Engineering Associates [City Consultant] (fka: Land Design Innovations, Inc.) REQUEST: Presenting The Summary Report For Economic Development Activities From July 26, 2011 Through August 26, 2011. The Information In This Agenda Item Will Be Verbally Presented Under Item 300 At The September 12, 2011 City Commission Meeting. 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 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 Being Asked To Review And Accept The Information In This Agenda Item. No discussion. INFORMATIONAL 102. Community Development Department — Planning Division REQUEST: Providing An Overview Of The Community Planning Act To The City Commission. FISCAL IMPACT: There Is No Direct 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 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 Being Asked To Review And Accept The Information In This Agenda Item. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 4 OF 28 "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BONNER. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. ❖ ❖ AGENDA NOTE: DURING DISCUSSION OF THE CONSENT AGENDA, NO CONSENT AGENDA ITEMS WERE SPECIFICALLY DISCUSSED DURING THIS SECTION PRIOR TO THE VOTE; HOWEVER, BRIEF COMMENTS ON CONSENT AGENDA ITEM "208" IS NOTED ON PAGES 12 -13 OF THESE MINUTES. ❖ ❖ CONSENT AGENDA CONSENT 200. Community Development Department - Urban Beautification Services Division REQUEST: Requesting That The City Commission Approve A Request From The Tuscawilla Home Owners Association To Install Granite Monuments At Two Flag Poles On Winter Springs Boulevard In Honor Of Tuscawilla Residents Who Have Served America Either In The Military Or In A Civil Capacity. FISCAL IMPACT: Approval Of This Request Will Have No Known Fiscal Impact To The City. The THOA (Tuscawilla Home Owners Association) Has Agreed To Pay For All Costs Of Purchase, Installation, And Maintenance Of The Monuments. 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: TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY BOARD: At A Regular Meeting On July 20, 2011, The TLBD (Tuscawilla Lighting And Beautification District) Advisory Board Voted Unanimously To Endorse The Proposal From THOA (Tuscawilla Home Owners Association) For Approval By The City Commission, With Any Desired Changes Necessary As Deemed Appropriate. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 5 OF 28 STAFF: Staff Recommends That The City Commission Approve This Request From The Tuscawilla Home Owners Association To Install Granite Monuments At Two Flag Poles On Winter Springs Boulevard In Honor Of Tuscawilla Residents Who Have Served America Either In The Military Or In A Civil Capacity, As Proposed And Per The Attachments Below. Also, Staff Recommends That The City Commission Authorize The City Manager And The City Attorney To Prepare And Execute Any And All Applicable Documents Related To This Approval. No discussion. CONSENT 201. Public Works Department REQUEST: Requests The City Commission Approve The Winter Springs Village Phase 1 Plat And Authorize The Plat To Be Recorded, Subject To Satisfaction Of All Outstanding Staff Review Comments. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. The Applicant Is Responsible For Payment Of All Review And Recording Fees. 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: Staff Recommends The City Commission Approve The Winter Springs Village Phase 1 Plat, Subject To Satisfaction Of All Staff Review Comments, And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. This Agenda Item was not discussed. CONSENT 202. Community Development Department — Urban Beautification Services Division REQUEST: Presenting A Request For Approval From The Highlands Homeowners Association For The Upgrade Of Sixteen Basic Street Lights To Decorative Street Lights And For The Installation Of Ten New Decorative Street Lights On Shepard Road Within The Highlands Subdivision. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 6 OF 28 FISCAL IMPACT: NSSLIA (Neighborhood Street Sign And Light Improvement Agreement) Requires The City To Be Responsible For Reimbursement Of The `Base Rate' For Each Decorative Street Light, Payable Quarterly To The Participating Neighborhood Group. If Approved MIA (Highlands Homeowners Association) Would Have Ninety (90) Decorative Street Lights In The Program; A Total Reimbursement Of $14,893.20 From The City Annually (At The Current Base Rate Of $13.79), With An Increased Cost To Street Lighting Line Code (1526 - 54321) In The Amount Of $2,200.00. This Increased Cost Is Not Included In The FY (Fiscal Year) 2011/120112 Street Lighting Budget And Would Need To Be Added If The Request From HHA (Highlands Homeowners Association) Is Approved. 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: Staff Recommends That The City Commission Take The Following Actions Related To The Street Light Request Of The Highlands Homeowners Association: 1. Approve An Addendum To The Existing NSSLIA (Neighborhood Street Sign Light Improvement Agreement) For The Upgrade Of Sixteen (16) Basic Street Lights To Decorative Street Lights And The Installation Of Ten (10) New Decorative Street Lights Along Shepard Road, Based Upon The Public Safety Benefit Achieved As A Result Of The Project. 2. Approve $2,200.00 In Additional Budget For The FY (Fiscal Year) 2011/120'112 Proposed Budget, Street Lighting (Line Code 1526 - 54321). 3. Deny The Request For The City To Share Equally In The Capital Cost Of Adding Ten (10) New Decorative Street Lights In The Amount Of $3,900.00, Due To The City's Precedence Of Not Subsidizing The Construction Costs For New Decorative Street Lights As Part Of A Community Upgrade. 4. Authorize The City Manager And The City Attorney To Prepare And Execute Any And All Applicable Documents Related To This Issue. No discussion. CONSENT 203. Parks And Recreation Department REQUEST: Requests The City Commission To Authorize The Mayor To Execute The Seventh Addendum To The MV Transportation Agreement For Senior Center Transportation For One (1) Year. FISCAL IMPACT: Budgeted In 120']11/120']12, Account 7250 - 53186. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 7 OF 28 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 Parks And Recreation Department Recommends Approval Of The Transportation Disadvantaged Services Agreement Seventh Addendum For Senior Center Transportation. There was no discussion on this Agenda Item. CONSENT 204. Information Services Department REQUEST: Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. FISCAL IMPACT: There Is No Cost To Dispose Of These Surplus Assets. The City Receives Revenue Generated From Items Sold At Auction. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To Applicable City Staff, eAlert /eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has 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 Wiling To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: It Is Requested That The City Commission Approve The Disposition Of The Attached List Of Surplus Assets. No discussion. CITY OF WINTER SPRINGS, FLORIDA 44‘s-net? s 04 A�� I Z - u • vi Incorporated 1959 CITY COMMISSION MINUTES REGULAR MEETING MONDAY, SEPTEMBER 12, 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 - SEPTEMBER 26, 2011 PAGE 2 OF 28 CALL TO ORDER The Regular Meeting of Monday, September 12, 2011 of the City Commission was called to Order by Mayor Charles Lacey at 5:28 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Mayor Charles Lacey recognized former Mayor Paul Partyka and former Commissioner Donald Gilmore who were in the audience. Roll Call: Mayor Charles Lacey, present Deputy Mayor Jean Hovey present Commissioner Rick Brown, present Commissioner Gary Bonner, present Commissioner Cade Resnick, present Commissioner Joanne M. Krebs, absent City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present A moment of silence was held, followed by the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department REQUEST: Advising The City Commission Of The Status Of Various Current Planning Projects. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And 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 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 - SEPTEMBER 26, 2011 PAGE 3 OF 28 INFORMATIONAL 101. Littlejohn Engineering Associates [City Consultant] (fka: Land Design Innovations, Inc.) REQUEST: Presenting The Summary Report For Economic Development Activities From July 26, 2011 Through August 26, 2011. The Information In This Agenda Item Will Be Verbally Presented Under Item 300 At The September 12, 2011 City Commission Meeting. 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 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 Being Asked To Review And Accept The Information In This Agenda Item. No discussion. INFORMATIONAL 102. Community Development Department — Planning Division REQUEST: Providing An Overview Of The Community Planning Act To The City Commission. FISCAL IMPACT: There Is No Direct 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 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 Being Asked To Review And Accept The Information In This Agenda Item. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 4 OF 28 "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BONNER. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. ❖ ❖ AGENDA NOTE: DURING DISCUSSION OF THE CONSENT AGENDA, NO CONSENT AGENDA ITEMS WERE SPECIFICALLY DISCUSSED DURING THIS SECTION PRIOR TO THE VOTE; HOWEVER, BRIEF COMMENTS ON CONSENT AGENDA ITEM "208" IS NOTED ON PAGES 12 -13 OF THESE MINUTES. ❖ ❖ CONSENT AGENDA CONSENT 200. Community Development Department - Urban Beautification Services Division REQUEST: Requesting That The City Commission Approve A Request From The Tuscawilla Home Owners Association To Install Granite Monuments At Two Flag Poles On Winter Springs Boulevard In Honor Of Tuscawilla Residents Who Have Served America Either In The Military Or In A Civil Capacity. FISCAL IMPACT: Approval Of This Request Will Have No Known Fiscal Impact To The City. The THOA (Tuscawilla Home Owners Association) Has Agreed To Pay For All Costs Of Purchase, Installation, And Maintenance Of The Monuments. 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: TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY BOARD: At A Regular Meeting On July 20, 2011, The TLBD (Tuscawilla Lighting And Beautification District) Advisory Board Voted Unanimously To Endorse The Proposal From THOA (Tuscawilla Home Owners Association) For Approval By The City Commission, With Any Desired Changes Necessary As Deemed Appropriate. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 5 OF 28 STAFF: Staff Recommends That The City Commission Approve This Request From The Tuscawilla Home Owners Association To Install Granite Monuments At Two Flag Poles On Winter Springs Boulevard In Honor Of Tuscawilla Residents Who Have Served America Either In The Military Or In A Civil Capacity, As Proposed And Per The Attachments Below. Also, Staff Recommends That The City Commission Authorize The City Manager And The City Attorney To Prepare And Execute Any And All Applicable Documents Related To This Approval. No discussion. CONSENT 201. Public Works Department REQUEST: Requests The City Commission Approve The Winter Springs Village Phase 1 Plat And Authorize The Plat To Be Recorded, Subject To Satisfaction Of All Outstanding Staff Review Comments. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. The Applicant Is Responsible For Payment Of All Review And Recording Fees. 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: Staff Recommends The City Commission Approve The Winter Springs Village Phase 1 Plat, Subject To Satisfaction Of All Staff Review Comments, And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. This Agenda Item was not discussed. CONSENT 202. Community Development Department — Urban Beautification Services Division REQUEST: Presenting A Request For Approval From The Highlands Homeowners Association For The Upgrade Of Sixteen Basic Street Lights To Decorative Street Lights And For The Installation Of Ten New Decorative Street Lights On Shepard Road Within The Highlands Subdivision. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 6 OF 28 FISCAL IMPACT: NSSLIA (Neighborhood Street Sign And Light Improvement Agreement) Requires The City To Be Responsible For Reimbursement Of The `Base Rate' For Each Decorative Street Light, Payable Quarterly To The Participating Neighborhood Group. If Approved MIA (Highlands Homeowners Association) Would Have Ninety (90) Decorative Street Lights In The Program; A Total Reimbursement Of $14,893.20 From The City Annually (At The Current Base Rate Of $13.79), With An Increased Cost To Street Lighting Line Code (1526 - 54321) In The Amount Of $2,200.00. This Increased Cost Is Not Included In The FY (Fiscal Year) 2011/120112 Street Lighting Budget And Would Need To Be Added If The Request From HHA (Highlands Homeowners Association) Is Approved. 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: Staff Recommends That The City Commission Take The Following Actions Related To The Street Light Request Of The Highlands Homeowners Association: 1. Approve An Addendum To The Existing NSSLIA (Neighborhood Street Sign Light Improvement Agreement) For The Upgrade Of Sixteen (16) Basic Street Lights To Decorative Street Lights And The Installation Of Ten (10) New Decorative Street Lights Along Shepard Road, Based Upon The Public Safety Benefit Achieved As A Result Of The Project. 2. Approve $2,200.00 In Additional Budget For The FY (Fiscal Year) 2011/120'112 Proposed Budget, Street Lighting (Line Code 1526 - 54321). 3. Deny The Request For The City To Share Equally In The Capital Cost Of Adding Ten (10) New Decorative Street Lights In The Amount Of $3,900.00, Due To The City's Precedence Of Not Subsidizing The Construction Costs For New Decorative Street Lights As Part Of A Community Upgrade. 4. Authorize The City Manager And The City Attorney To Prepare And Execute Any And All Applicable Documents Related To This Issue. No discussion. CONSENT 203. Parks And Recreation Department REQUEST: Requests The City Commission To Authorize The Mayor To Execute The Seventh Addendum To The MV Transportation Agreement For Senior Center Transportation For One (1) Year. FISCAL IMPACT: Budgeted In 120']11/120']12, Account 7250 - 53186. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 7 OF 28 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 Parks And Recreation Department Recommends Approval Of The Transportation Disadvantaged Services Agreement Seventh Addendum For Senior Center Transportation. There was no discussion on this Agenda Item. CONSENT 204. Information Services Department REQUEST: Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. FISCAL IMPACT: There Is No Cost To Dispose Of These Surplus Assets. The City Receives Revenue Generated From Items Sold At Auction. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To Applicable City Staff, eAlert /eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has 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 Wiling To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: It Is Requested That The City Commission Approve The Disposition Of The Attached List Of Surplus Assets. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 8 OF 28 CONSENT 205. Finance And Administrative Services Department REQUEST: Requests That The City Commission Adopt Resolution No. (Number) 2011 -44 Establishing A Special Payment Arrangement Policy For The Water And Sewer Utility. FISCAL IMPACT: No Funding Is Necessary To Implement The Special Payment Arrangement Policy. 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. RECOMMENDATION: Staff Recommends Approval Of Resolution 2011 -44 Establishing A Special Payment Arrangement Policy Per Ordinance 2011 -11. This Agenda Item was not discussed. CONSENT 206. Finance And Administrative Services Department REQUEST: Requests That The City Commission Adopt Resolution No. (Number) 2011 -45 Amending The City's Bank Draft Policy. FISCAL IMPACT: No Additional Funding Is Necessary To Implement The Bank Draft Policy. 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. Ciry Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. All Communications Will Be Updated To Reflect The New Bank Draft Policy — i.e. Bank Draft Authorization Form, Website, Welcome Bag Materials, Etc. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 9 OF 28 RECOMMENDATION: Staff Recommends Approval Of Resolution 2011 -45 Amending The Bank Draft Policy. No discussion. CONSENT 207. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Requesting The Commission Consider Adoption Of Resolution 2011 -46, Amending Policy 17.4 Of The Winter Springs Personnel Manual Related To Meals And Breaks. FISCAL IMPACT: This Is No Direct Fiscal Impact On The Organization's Budget. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: City Manager And Director Of Finance And Administrative Services Recommend The Commission Adopt Resolution 2011 -46 Amending Policy 17.4 Of The Winter Springs Personnel Manual To Allow Operational Discretion To Determine The Length And Timing Of Employee Breaks. There was no discussion on this Agenda Item. CONSENT 208. Finance And Administrative Services Department REQUEST: Requesting Authorization From The City Commission To Extend The City's Current Contract With Severn Trent Environmental Services, Inc. To Read City Water Meters For The Contract Period October 1, 2011 To September 30, 2012. FISCAL IMPACT: Funding Is Payable From The Utility Billing Division Of The Finance And Administrative Services Department (General Fund 1360 - 53188) At A Cost Of $0.72 Cents Per Manual - Read Meter, $0.62 Per Touch -Read Meter And $0.62 Per Remote -Read Meter, Which Is Unchanged From The Current Fiscal Year. Most Of Our Meters Are Manually Read With The Exception Of Courtney Springs And A Portion Of Parkstone Which Are Touch - Reads. The General Fund Will Be Reimbursed By The Water And Sewer Utility Fund For 100% Of The Fees Charged. The 2011 -2012 Proposed Budget Has Included $126,000.00 For This Contract. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 10 OF 28 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 ToApplicable 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 Authorization Be Granted To Extend The City's Contract With Severn Trent Environmental Services, Inc. To Read City Water Meters For The Contract Period October 1, 2011 To September 30, 2012 At The Following Price Structure: $0.72 Cents Per Manual - Read Meter, $0.62 Per Touch -Read Meter And $0.62 Per Remote -Read Meter; And That Authorization Be Given To The City Manager And The City Attorney To Prepare And Execute The Necessary Documents For The Contract Extension. No discussion. CONSENT 209. Finance And Administrative Services Department And Police Department — Criminal Investigations Unit REQUEST: Requesting City Commission Consider Approval Of Resolution 2011 -48 Designating The City Manager, Finance And Administrative Services Director And The Public Works/Utility Director As Authorized Representatives To Execute Documentation Required By The Branch Banking And Trust Company On Behalf Of The City Of Winter Springs. FISCAL IMPACT: Monies For The Confidential Fund Account Are To Come From The Special Law Enforcement Trust Fund (Local And /Or Federal) Which Are Monies That Are Received From The Seizure Of Property Obtained During The Enforcement Of Law On Illegal Activities, The Proceeds Of Which Are Restricted For The Purposes Of Furthering Law Enforcement Efforts Exclusive Of Salaries And Vehicles. 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 - SEPTEMBER 26, 2011 PAGE 11 OF 28 RECOMMENDATION: • Designate The City Manager, Finance And Administrative Services Director And The Public Works/Utility Director As Authorized Representatives To Execute Documentation Related To This Account. • Allow The City Manager And City Attorney To Coordinate And Execute Any And All Documents Needed To Facilitate These Transactions. This Agenda Item was not discussed. CONSENT 210. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Requests That The City Commission Consider A Rebalancing Of The Pension Fund To Include A Global Bond Investment Of Up To 5% Of The Total City Of Winter Springs Employee Retirement System Funds. FISCAL IMPACT: The Increased Diversification And Exposure To The Global Bond Market Will Potentially Increase The Portfolios Yield, Consequently Decreasing The City's Required Funding Requirements To The Employee Pension Plan. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To Applicable City Staff, eAlert /eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: City Manager And Board Of Trustees Recommend The Commission Approve The Addition Of The Global Bond Mutual Fund To Invest On Behalf Of The City Of Winter Springs General Employees' Retirement System And To Modify The Current Investment Policy As Describe Here - In. Additionally, To Allow The City Manager And City Attorney To Coordinate And Execute Any And All Documents Needed To Facilitate These Transactions. No discussion. CONSENT 211. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The August 22, 2011 City Commission Regular Meeting Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 12 OF 28 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 22, 2011 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BONNER. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. • ❖ AGENDA NOTE: CONSENT AGENDA ITEM "208" WAS ADDRESSED INDIVIDUALLY AND BRIEFLY HERE, AS DOCUMENTED. THIS AGENDA ITEM WAS VOTED ON AS PART OF THE CONSENT AGENDA AND THUS WAS PREVIOUSLY REFERENCED ON PAGES 9 -10, AND ON THIS PAGE AND THE NEXT, OF THESE SAME MINUTES. ❖ ❖ CONSENT AGENDA CONSENT 208. Finance And Administrative Services Department REQUEST: Requesting Authorization From The City Commission To Extend The City's Current Contract With Severn Trent Environmental Services, Inc. To Read City Water Meters For The Contract Period October 1, 2011 To September 30, 2012. FISCAL IMPACT: Funding Is Payable From The Utility Billing Division Of The Finance And Administrative Services Department (General Fund 1360 - 53188) At A Cost Of $0.72 Cents Per Manual - Read Meter, $0.62 Per Touch -Read Meter And $0.62 Per Remote -Read Meter, Which Is Unchanged From The Current Fiscal Year. Most Of Our Meters Are Manually Read With The Exception Of Courtney Springs And A Portion Of Parkstone Which Are Touch - Reads. The General Fund Will Be Reimbursed By The Water And Sewer Utility Fund For 100% Of The Fees Charged. The 2011 -2012 Proposed Budget Has Included $126,000.00 For This Contract. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 13 OF 28 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 ToApplicable 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 Authorization Be Granted To Extend The City's Contract With Severn Trent Environmental Services, Inc. To Read City Water Meters For The Contract Period October 1, 2011 To September 30, 2012 At The Following Price Structure: $0.72 Cents Per Manual - Read Meter, $0.62 Per Touch -Read Meter And $0.62 Per Remote -Read Meter; And That Authorization Be Given To The City Manager And The City Attorney To Prepare And Execute The Necessary Documents For The Contract Extension. Mayor Lacey referenced this Consent Agenda Item and stated, "In the Agenda Item, it pointed out that the Vendor was entitled to a cost of living increase, and yet, somehow, our Finance Director (Shawn Boyle) convinced them to renew and forgo that cost of living increase; so, thank you Shawn (Boyle) for staying on top of that! Deputy Mayor Jean Hovey also said, "Thank you!" AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Littlejohn Engineering Associates [City Consultant] (fka: Land Design Innovations, Inc.) REQUEST: Asking The City Commission To Receive A Presentation From Littlejohn Engineering Associates Updating The City Commission On Economic Development Efforts. (Follow Up Presentation From Informational Agenda Item "101 ".) Mr. John M. Jones, AICP, Senior Planner, Littlejohn Engineering Associates, 1770 Fennel Street, Suite 200, Maitland, Florida: addressed the City Commission and mentioned that for the September 26, 2011 City Commission Regular meeting, "We'll be bringing forward the Tax Abatement operational languages for the implementation of the Tax Abatement Incentive Program; and we'll also be bringing forward the Jobs Growth Incentive Program for First Reading and Approval." Continuing, Mr. Jones advised the Mayor and City Commission that he had been working with a couple of interested companies who are possibly considering opening a business in the City of Winter Springs. Commissioner Gary Bonner suggested that Mr. Jones could contact former Mayor John Bush regarding someone he and former Mayor Bush had discussed who was possibly interested in looking at leasing office space in the Vistawilla Office Building for a new business. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 14 OF 28 REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese commented on the "Tuscora Right Turn Lane Acquisition" and some related issues he had been dealing with and mentioned that the Closings with two (2) homeowners were anticipated to occur in approximately ten (10) days. REPORTS 401. Office Of The City Manager — Kevin L. Smith City Manager Kevin L. Smith thanked Ed and Nancy Riordan for the excellent " 9 -11 Memorial" Ceremony that was held on Sunday, September 11, 2011 here at City Hall. Manager Smith also thanked Mr. Chris Caldwell, Director, Parks and Recreation Department for his and his Staff's assistance with this event. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC City Clerk Andrea Lorenzo - Luaces advised the Mayor and City Commission that, "I'll be sending you some information within the next week on upcoming Board of Trustees Appointments." Related to (Advisory) Board and Committee Appointment Applications, Mayor Lacey commented that these Applications mentioned that original signatures are required, thus no emails or facsimile copies could be submitted. We're really trying to go to more of a paperless way." Mayor Lacey then asked if we could be more flexible and be able to accept completed Board and Committee Appointment Applications via email or facsimile delivery. Additionally, Mayor Lacey asked Attorney Garganese, "Is there a hard requirement for us to have an original signature for the Application ?" Attorney Garganese responded, "The City could accept a faxed signature..." Mayor Lacey added, "...Or an email of a scanned document..." Attorney Garganese added, "...Yes. If they want to yes, sign the Application and then scan it and send it to the City, I think that would be acceptable." Mayor Lacey then remarked, "I would like to ask the Clerk to do that if the Commission doesn't object. Any objections to that ?" There were no objections voiced. Following up, Mayor Lacey said to City Clerk Lorenzo - Luaces, "Would you make the change on that form so it will be a little easier to deal with ?" City Clerk Lorenzo - Luaces responded, "Of course." REPORTS 403. Office Of Commissioner Seat Two — The Honorable Rick Brown Commissioner Rick Brown mentioned he was now back in town. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 15 OF 28 REPORTS 404. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Bonner welcomed Commissioner Brown back. Next, Commissioner Bonner commented that he would be attending a U.S. Highway 17/92 Community Redevelopment Agency (CRA) - Redevelopment Planning Agency (RPA) meeting on Thursday, September 15, 2011. Commissioner Bonner then mentioned that if anyone identified "Any prospective businesses or any existing businesses on the (U.S. Highway) 17/92 Corridor within our City limits that are interested in redevelopment, I would be delighted to bring that forward or work with that candidate and I know our Staff would as well, to go after some of these dollars that are set aside for that purpose." REPORTS 405. Office Of Commissioner Seat Four — The Honorable Cade Resnick No Report. REPORTS 406. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Absent. REPORTS 407. Office Of The Mayor — The Honorable Charles Lacey Mayor Lacey mentioned the next CALNO (Council of Local Governments in Seminole County) meeting was scheduled for Wednesday, October 5 2011; that he was unable to attend; and that Winter Springs has not designated an Alternate. Mayor Lacey then asked the City Commission, "Is anybody interested in being the Alternate and could you go to the October 5 2011 meeting ?" Deputy Mayor Hovey said, "I can go." Mayor Lacey then asked Deputy Mayor Hovey, "Are you also volunteering to be the Alternate ?" Deputy Mayor Hovey responded, "Sure." As to the location of the October 5 2011 CALNO (Council of Local Governments in Seminole County) meeting, Mayor Lacey remarked that he would provide Deputy Mayor Hovey with location information. Continuing, Mayor Lacey mentioned a request from the "Keep Seminole Beautiful" organization askin the City to put together a Team and participate in a Bowling Tournament scheduled for Saturday, September 24 , 2011 at 3:00 p.m. Mayor Lacey noted that he would be attending and asked if others would also be willing to. Manager Smith remarked that he would participate. Commissioner Brown and Commissioner Cade Resnick both noted that they would not be able to attend. Commissioner Bonner said he might be able to participate. Mayor Lacey then remarked, "Staff be forewarned, I will probably be coming to you to ask for Volunteers as we get through the head count." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 16 OF 28 Next, Mayor Lacey mentioned he had met with some citizens who were interested in a community swimming pool and noted, "I have suggested that they work through some of the other jurisdictions - see if the School Board would be interested, or the County, and to bring it forward to Commissioners, and perhaps under Public Input, we might even hear from some." "CBC — Community Based Care of Seminole is having a breakfast on September 22 2011 (at 7:30 a.m.) that they would like to have Winter Springs fill a table for and I have not committed to it but I will if we can get some other people to go to that." Mayor Lacey also noted that Mayor Joe Durso of Longwood is Vice President of this organization, and inquired who might be able to attend. Commissioner Brown and Commissioner Bonner noted they were not available to attend. Deputy Mayor Hovey noted that she could attend if Mayor Lacey would also be attending. Mayor Lacey summarized, "I will see how many Volunteers we can get for that and I will be back in touch. Thanks Deputy Mayor (Hovey)." Mayor Lacey then spoke of some recent Mayors and Managers meetings /discussions and explained that a current topic of conversation was, "In anticipation of the Legislative Delegation that is meeting Friday at the Board of County Commissioners, the School Board is proposing language to the Legislature to allow the one (1) penny - Charter County Transportation penny that is likely to be proposed by the County in the next year or two (2) primarily for SunRail needs, to allow language to be inserted in that that would permit the County, by Interlocal Agreement to allow a portion of those proceeds to go to the School Board or their operational needs." With further comments by Mayor Lacey that the Winter Springs City Commission has not taken a position; and that the Mayors and Managers agreed at this morning's meeting that "As a group, they would not a position on this issue because the opinion is too broad across the spectrum." Continuing, Mayor Lacey noted he was not taking a position from everyone, but just wanted to share the information. Mayor Lacey offered his heartfelt thanks to Manager Smith; Mr. Caldwell; Mr. Brian Dunnigan, Program Coordinator, Parks and Recreation Department; and Mr. Michael Barclay, Recreation Superintendent, Parks and Recreation Department for their assistance with the "9 -11 Memorial" Ceremony, that was held on Sunday, September 11, 2011 at City Hall; and noted his apologies for any oversight in not acknowledging them which was totally unintentional. Manager Smith mentioned that Chief of Police Kevin Brunelle had also attended. Mayor Lacey offered his sincere thanks to Chief Brunelle as well. With further comments about the portion of the one (1) cent Sales Tax, Commissioner Resnick said to Mayor Lacey, "Is that `In lieu of' or an `Add -on', to the request for Millage ?" Mayor Lacey responded, "I think it ends up being an `Add -on' with the best possible scenario being that the Millage would be for short term duration and there would be a transition period but nothing is cast in stone. The School Board has not decided yet to go for the Millage on this Spring Ballot — they simply decided not to do that for the November Ballot. The decision on when and how to do that is not time critical anymore, so we are probably a couple of months away from them making that decision. I would hope that if they wanted to go for the Millage, that there would be some contract in place that would transition away from that, if they got sufficient funds out of the penny. Because the other piece of the equation is for the penny Transportation Tax, it has to be passed by the Voters, then it is subject to the County deciding what allocation they want to agree to with the cities, if any - the School Board." Further comments followed on the Educational Job Fund. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 17 OF 28 REPORTS 408. Office Of Commissioner Seat One/Deputy Mayor — The Honorable Jean Hovey Deputy Mayor Hovey noted she and her grandson had recently attended a Boy Scout Pack 196 meeting and that they Boy Scouts were very appreciative of the City and being able to use our facilities. Secondly, Deputy Mayor Hovey commented that a resident had advised a City Staff member that the resident was told "That citizens were treated badly at these meetings; so, I just want any citizen that is here or any citizen that is listening to know that we don't treat citizens badly. We appreciate input! We want input! We want you here! We want to hear what you have to say! So, anybody out there and listening — we want you to come and share your concerns with us." Mayor Lacey added, "I think we all second those comments." PUBLIC INPUT Mr. Paul P. Partyka, 292 Solaris Wharf Street, Winter Springs, Florida: remarked about the City being listed in Money Magazine's "100 Best Places to Live in America" and suggested this recognition be highly promoted; noted how nice the "9 -11 Memorial" Ceremony was that was held yesterday on September 11, 2011, and said that Mayor Lacey did a super job. Mr. Partyka also suggested that some recognition or a Proclamation be given to Mr. Riordan for his efforts. Next, Mr. Partyka commented that he had spoken with Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department about a Town Center Ordinance and that he would be providing some information to Mr. Stevenson. Regarding an Ordinance related to signage, Mr. Partyka thought it should be changed and suggested that business owners be allowed to promote their businesses with balloons, signs, etc. and thought this Ordinance should be suspended for a couple of years in light of the tough economy, including Permit Fees being Waived and Regulations relaxed. Mr. Partyka also mentioned that he thought that the City could share this information via Utility Bills and Press Releases. Manager Smith advised the Mayor and City Commission that "Staff is currently working on this very issue for presentation of a recommendation to you all — either the next coming meeting in September or the first meeting in October." Commissioner Bonner noted that he was in agreement, that he would be looking forward to this presentation, and that this would be a great opportunity for the City's new Economic Development representative position, once filled. Ms. Pam Carroll, 865 Dyson Drive, Winter Springs, Florida: as the President of the Tuscawilla Homeowners Association, Ms. Carroll thanked the City Commission, City Staff including Mr. Steve Richart, Urban Beautification Division Services, Community Development Department for their assistance with the proposed monuments; and suggested that the Mayor and City Commission stop by, once the monuments are installed. Ms. Carroll also thanked the City Commission for approving the monuments. Commissioner Bonner thanked Ms. Carroll and former Commissioner Donald Gilmore for bringing this forward and also thanked the Tuscawilla Homeowners Association for flying their flags at half mast in their community. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 18 OF 28 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Manager REQUEST: Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution No. (Number) 2011 -39, Which Establishes The Tentative Operating Millage Rate For Fiscal Year 2011 -2012 For The City Of Winter Springs At 2.4500 Mills Which Is 6.25% Less Than The Rolled - Back Rate Of 2.6133 Mills And The Tentative Voted Debt Service Millage Rate For Fiscal Year 2011 -2012 For The City Of Winter Springs At 0.1100 Mills. FISCAL IMPACT: The Decision To Levy An Operating Millage Rate Of 2.4500 Mills As Opposed To The Rolled -Back Rate Of 2.6133 Mills Results In Reduced Ad Valorem General Fund Revenues Of Approximately $250,000.00. The Decision To Maintain The Voted Debt Service Millage Rate At 0.1100 Mills Required A Subsidy From The General Fund To The Central Winds Debt Service Fund In The Amount Of $55,500.00. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. Upon Approval And Adoption Of Resolution No. (Number) 2011 -39, The Appropriate Advertising Will Run In The Orlando Sentinel On September 22, 2011 Which Will Reflect The Tentative Millage Rates For Fiscal Year 2011 -2012 And Announce The Final Public Hearing On September 26, 2011 At 5:15 p.m. RECOMMENDATION: • Recommend That The Commission Adopt Resolution No. (Number) 2011 -39 Establishing The Tentative Operating Millage Rate At 2.4500 Mills And Tentative Voted Debt Service Millage Rate At 0.1100 Mills For Fiscal Year 2011 -2012. • Recommend That The Commission Adopt Resolution No. (Number) 2011 -39 Authorizing The City To Advertise The City's Intent To Hold Public Hearings To Adopt Final Millage Rates And Final Budget In A Newspaper Of General Circulation In Compliance With Florida Statute 200.065. Ms. Kelly Balagia, Budget Analyst, Finance and Administrative Services Department mentioned to the Mayor and City Commission that she had received a. complimentary call from the City of Titusville's Finance Director related to Winter Springs' Budget and Millage Rate. Ms. Balagia then spoke briefly on 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 19 OF 28 Commissioner Bonner commented on reading articles about other municipalities who have struggled with budgetary issues and noted, "I have yet to see any press coverage of what is happening here in our community; so, just a thought that should this subsequently pass, that I think our City deserves some recognition if the Press would care to honor us with some of that." Mayor Lacey pointed out, "As we have kept the Voted Debt Millage at 0.1100, and this is the same action that the Commission took a year ago, before I was a part of it, I think that is something that goes little noticed because other communities very easily increase their Voted Debt Millage, just because they can." Mayor Lacey added, "But this Commission, for a couple of years running now, with the prodding from the Manager, have made the choice that we are not going to take the easy way out and just take it because it is available. I think the Commission from a year or two (2) ago, deserves credit for that." "I WOULD LIKE TO MAKE A MOTION THAT THE CITY COMMISSION ADOPT RESOLUTION 2011 -39 ESTABLISHING THE TENTATIVE OPERATING MILLAGE RATE AT 2.4500 MILLS AND THE TENTATIVE VOTED DEBT SERVICE MILLAGE RATE AT 0.1100 MILLS FOR FISCAL YEAR 2011 AND 2012; AND AUTHORIZE THE CITY TO ADVERTISE THE CITY'S INTENT TO HOLD PUBLIC HEARINGS TO ADOPT THE FINAL MILLAGE RATE AND THE FINAL BUDGET IN THE NEWSPAPER OF GENERAL CIRCULATION" COMPLYING WITH FLORIDA STATUTE 200.065. MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. Manager Smith stated, "I just would like to publicly convey to everyone, that this Commission, this body just Voted to lower its Millage Rate for Fiscal Year 2012. I applaud you for that accomplishment." Mayor Lacey stated, "Thank you Kevin (Smith)." PUBLIC HEARINGS 501. Office Of The City Manager REQUEST: Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution No. (Number) 2011 -40, Establishing The Tentative Budget For Fiscal Year 2011 -2012. FISCAL IMPACT: The Tentative City -Wide Budgets By Fund Type Currently Reflect The Following Appropriations To (From) Fund Balance: General Fund — ($227,144.00); Comprised Of $1,465.00 Of Positive Operating Coverage And ($228,609.00) In Capital/Non- Recurring Coverage Governmental Funds (Exclusive Of General Fund) — ($2,671,252.00) Enterprise Funds — $956,033.00 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 - SEPTEMBER 26, 2011 PAGE 20 OF 28 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. Upon Approval And Adoption Of Resolution No. (Number) 2011 -40, A Budget Summary Advertisement Will Be Placed In The Orlando Sentinel On September 22, 2011 Reflecting The Tentative Budget For Fiscal Year 2011 -2012. RECOMMENDATION: • Recommend That The Commission Approve The Tentative Budget For Fiscal Year 2011 -2012 Or Amend It As It Deems Necessary. • Recommend That The Commission Adopt Resolution No. (Number) 2011 -40 Establishing The Tentative Budget For Fiscal Year 2011 -2012 As Approved By The Commission; And Authorizing The City To Advertise The City's Intent To Hold Public Hearings To Adopt Final Millage Rates And Final Budget And To Include A Budget Summary In A Newspaper Of General Circulation In Compliance With Florida Statute 200.065. Mr. Boyle introduced this Agenda Item and commented on the Budget process. Manager Smith mentioned to the City Commission about an issue with the proposed two percent (2 %) increase for City employees and noted that a number of employees are at the top of their designated pay range. Commissioner Bonner spoke of similar situations he had dealt with in the private sector related to Salary Caps and explained, "Our practice was to not change the Salary Cap but to award the equivalent amount in as a Merit Bonus as it were. It experiences the same taxable treatment for the employee and it does not put you in a position - where you are making salary range changes based on dealing with a Cap. Now, I certainly would recommend that you do a Salary Cap review separate and apart from this undertaking, and you may very well come forward to us with recommendations for changes in the salary ranges since you pointed out they have not addressed since 2006. But I am not comfortable using this recognition, this award event as a reason to arbitrarily change the salary caps ; so, unless there are other policy reasons I am not aware of; my suggestion would be that this award for those employees who are at the salary cap be remitted in the form of a bonus and give you the independent time to address the salary cap matter separately under a normal thorough review, as you always do." Commissioner Brown mentioned a similar situation he just dealt with and the advice he received, "Was to actually pay them out over a series of months ". Manager Smith mentioned he wanted to clarify, "The thought position is - if you've reached the cap of your salary range, you would receive it in the form of a bonus; and clearly, clearly, that is best financial position, clearly." Discussion. Manager Smith noted, "If this would be the Consensus of this body to go forward with the current status which is the Bonus type approach, we would ask that you Approve this Budget, which is essentially akin to the First Reading of an Ordinance." Manager Smith then remarked, "I would ask that you Approve this Budget as is, and then next meeting, when you Adopt the Final Budget, we will make the financial changes and everything will be in order." Further comments. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — SEPTEMBER 26, 2011 PAGE 21 OF 28 Commissioner Bonner spoke further on his preference and stated, "I strongly recommend that the methodology be a merit award as opposed to an arbitrary change in the salary range." Manager Smith then said, "If that is the desire of this body, we would make those changes accordingly in anticipation of Final Adoption." Tape 1 /Side B Mayor Lacey asked if any budgetary changes would be needed in this Fiscal Year. Manager Smith responded by saying, "The change would be a change downward in the Budget. We took the conservative approach about allocating funds under the thought process of potentially moving the ranges. That not being the desire presumably, then there would be probably a smaller amount of money — Bonus versus Recurring." Next, Mayor Lacey then inquired if a complete "Cody Study" would be needed? Manager Smith responded, "I would respectfully ask that we have that discussion at a future date; because quite frankly I have some thoughts on that, that may not include that." Commissioner Brown noted, "From the employees' perspective, because it is a Merit Bonus, there is no taxable advantage or disadvantage to them, whether it is paid as a Bonus or Salary?" Manager Smith mentioned, "Pension for example..." Mr. Boyle explained, "...There are implications based on their Benefits from a tax standpoint at the end of the year; you're going to have gross wages of `x' regardless — initially, they will take out more from a Bonus standpoint..." Manager Smith added, "...Yes, you may have — since the Bonus is paid in this current tax year, you may have more income rather than spreading it through the entire year." Commissioner Bonner conveyed that he thought we had some flexibility "Based on the Fiscal Year nature of the City's Budget, to work with the timing of that, that may allow you to conduct these awards at the best time for each employee; so, giving you some flexibility to work" with concern for the best, for each individual's personal situation. Furthermore, Commissioner Bonner commented on the private sector and merit awards and added that when one is at the top of your salary range, "It is incumbent on management to work with those individuals that have an interest to grow beyond that salary range for other opportunities that may exist to allow them to grow beyond that range. But again, I would not support an arbitrary change in the salary range based on our good intent and budgeted desire to recognize all employees equally, at least at the gross payout level." Manager Smith asked, "If there is a Consensus to Commissioner Bonner's position, may I ask if you seek whether or not there is a Consensus for that ?" Mayor Lacey asked the City Commission, "Does anyone on the Commission object to the plan laid out by Commissioner Bonner, to convert what would have been two percent (2 %) salary increases to a two percent (2 %) Bonus structure in keeping the ranges intact? Is anyone in favor of making Salary Cap Adjustments ?" Manager Smith explained, "If that's the case, then there is technically no action required on this body, because that is the current default position. So, then I would, if I may, respectfully ask that the Commission just Approve this Agenda Item as laid out and recommended." Commissioner Brown asked, "Thinking from the employees perspective, is there no advantage or opportunity to pay that Bonus over a series of months so they don't take the full impact in the same tax year ?" Manager Smith and Mr. Boyle said, "Certainly." Commissioner Brown added, "They could spread it out so that they are not seeing a big hit this year..." Mayor Lacey added, "...I think it would be preferable that if it was paid similar to how a salary increase would be paid but classified differently." Commissioner Bonner agreed. Mayor Lacey opened the "Public Input " portion of the Agenda Item. No one spoke. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 22 OF 28 Mayor Lacey closed the "Public Input " portion of the Agenda Item. "I WILL MAKE THE MOTION THAT THE COMMISSION APPROVE THE TENTATIVE BUDGET FOR FISCAL YEAR 2011 -2012 AND ADOPT RESOLUTION 2011 -40 ESTABLISHING THE TENTATIVE BUDGET FOR THE FISCAL YEAR 2011 AND 2012 AS APPROVED BY THE COMMISSION; AND AUTHORIZING THE CITY TO ADVERTISE THE CITY'S INTENT TO HOLD PUBLIC HEARINGS TO ADOPT FINAL MILLAGE RATES AND FINAL BUDGET AND TO INCLUDE A BUDGET SUMMARY IN THE NEWSPAPER OF GENERAL CIRCULATION IN COMPLIANCE WITH FLORIDA STATUTE 200.065." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Not Used PUBLIC HEARINGS 503. Office Of The City Manager REQUEST: Requesting The City Commission Consider On First Reading Ordinance #2011 -13 Which Repeals The Public Building Impact Fee. FISCAL IMPACT: The Repeal Of This Impact Fee Will Result In A Savings To New Development Or Redevelopment Of Up To $400.00 Per Dwelling Unit And Up To $925.00 Per 1,000 Square Feet For Commercial Development. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. In Addition, Development Services Staff Is Advising Any Affected Applicants In The Permit Review Process Of The Potential Repeal Of This Impact Fee. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 23 OF 28 RECOMMENDATION: Staff Recommends The City Commission Hold A Public Hearing And Move To Second Reading Ordinance 2011 -13 Repealing The Public Building Impact Fee. Mayor Lacey inquired, "Is there a Motion to read by `Title' only ?" "MOTION TO READ BY `TITLE' ONLY." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2011 -13 by "Title" and stated, "As the `Title' indicates, this Ordinance if passed, would effectuate two (2) objectives. One (1), it would Repeal the Public Building Impact Fee going forward. Then there's the issue of those funds that have been collected in the last eight (8) years while this Impact Fee has been posed. Those funds are sitting in the Public Building Capital Expansion Trust Fund and pursuant to the Ordinance, the Commission needs to authorize the expenditure of those funds in the recitals, setting forth possible expenditure of those funds for modifications to the City Hall Lobby, as well as the City Hall phone system, and any other project that the Commission may authorize." Manager Smith noted that this had been discussed during Budget Workshops and the Ordinance is just to "Memorialize" the issues previously discussed; that the Ordinance was written with flexibility related to possible later expenditures, "As long as it is consistent with the requirements, the Dual Rational Nexus Test requirement for expenditure of impact fees." Manager Smith noted if that is the case, Staff would provide the City Commission with an 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. "MOTION TO MOVE (ORDINANCE 2011 -13) TO SECOND READING." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 504. Community Development Department — Planning Division REQUEST: Requests That The City Commission Review And Adopt On Second Reading 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 (Capital Improvement Plan) For "Year One, 2011/120']12" Are Included In The FY (Fiscal Year) 2012 Budget. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 24 OF 28 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: Staff And The Planning & Zoning Board(/Local Planning Agency) Recommend That The City Commission Approve Second Reading And Adoption Of Ordinance 2011 -12 Which Adopts The City's Five (5) Year Schedule Of Capital Improvements. Mr. Bobby Howell, AICP, Senior Planner, Community Development Department introduced this Agenda Item and remarked, "No changes have been made to the Capital Improvements Program since the last time." Mayor Lacey opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE ITEM `504' ON SECOND READING." MOTION BY COMMISSIONER BROWN. FOR THE RECORD, ATTORNEY GARGANESE READ ORDINANCE 2011 -12 BY "TITLE" ONLY. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. PUBLIC HEARINGS 505. Community Development Department REQUEST: Requests The City Commission Hold A Public Hearing And Consider A Re- Approval Of The Aesthetic Review Of The Proposed Wall, Located Generally Along The North And Much Of The East Perimeter Of Property Owned By Bart And Cynthia Phillips, North Of SR (State Road) 419 And West Of Layer Elementary School. FISCAL IMPACT: There Is No Direct Fiscal Impact To The City Associated With This Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 25 OF 28 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 Bern With Any Interested Individuals. RECOMMENDATION: Staff Recommends That The City Commission Re- Approve The Aesthetic Review For The Proposed Wall Along SR (State Road) 419 And The Common Property Line Between Layer Elementary And The 419 Metals Site, Again, Subject To The Findings As Listed Above. Mr. Stevenson presented this Agenda Item for discussion, and spoke of delays related St. Johns River Water Management District and CSX Corporation. Continuing, Mr. Stevenson explained, "A Permit was issued in April of 2009, but because of those changes, that Permit expired and therefore, eighteen (18) months after your Approval, so did the Aesthetic Review. There have been no changes to the wall." Furthermore, Mr. Stevenson added, "No specific changes have been made to this Aesthetic Review since it was previously reviewed by the Commission; however, because of the eighteen (18) month timeframe, we had to bring it back to you for your reconsideration." Commissioner Bonner commented for the Record that in 2009, he did have a Conflict of Interest; but now, he does not have a Conflict of Interest. Mayor Lacey opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input " portion of the Agenda Item. "MOTION TO APPROVE ITEM `505'." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mr. Stevenson advised the Mayor and City Commission, "It is in the Agenda Item — there is a Permit in place that is being reviewed at this point; however, we needed to get this Approval prior to Approving that Permit; so hopefully, we will be moving ahead with that wall out there shortly." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 26 OF 28 REGULAR AGENDA REGULAR 600. Community Development Department — Planning Division REQUEST: Requests That The City Commission Consider The Sunset Review For Ordinance 2010 -08, Which Permits Accessory Dwelling Units (ADUs) As A Conditional Use In Single Family Zoning Districts Subject To Certain Criteria. FISCAL IMPACT: Continuation Of Ordinance 2010 -08 Appears To Create A Positive Fiscal Impact For The City Since A Residential Property With Improvements Typically Results In An Increase To The Taxable Value Of The Property. 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: Staff Recommends That The City Commission Review The Information Contained In This Agenda Item And In Ordinance 2010 -08 And Provide Direction To City Staff As To Whether The Commission Wishes To Repeal Ordinance 2010 -08, Modify Ordinance 2010 -08, Or Leave The Ordinance In Place As It Currently Exists. Mayor Lacey spoke for Record and clarified, "The terminology is a little bit inexact, because to me a Sunset Review implies that it is going to Sunset if we don't do anything, but it really does not. It continues unless the Commission takes action otherwise. So, this is at the Commission's request that it come back for review after it has been in place for some period of time." Mr. Stevenson remarked, "You are correct again. We're bringing this back to you pursuant to Section 10 — of the Ordinance; and it specifies that in September of 2011, that Staff will bring this back." Commissioner Brown asked, "If we leave the Ordinance in place as it currently exists, which is what my recommendation would be, is there anything that keeps it coming back? Do we have to take any action to keep this from coming back to us; because I think we have determined and decided on multiple occasions, this is an integral part of the direction we want to take." Attorney Garganese noted, "I think it was just for this one (1) time; it's not required to come back next year, unless you want it back next year for review." "I WILL MAKE THE MOTION THAT WE TAKE NO ACTION AT THIS TIME AND ALLOW THIS ORDINANCE TO CONTINUE IN FORCE WITHOUT FURTHER REVIEW OR FURTHER DECISIONS ON SUNSETTING." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. MAYOR LACEY ADDED, "A MOTION TO LEAVE ORDINANCE 2010 -08 IN PLACE WITHOUT FURTHER REVIEW OR MODIFICATION." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 26, 2011 PAGE 27 OF 28 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. REGULAR 601. Office Of The City Manager And Office Of The City Attorney REQUEST: Request That The City Commission Consider Approving A December Seasonal Banner Display On City Light Poles (Traffic Mast -Arms) Pursuant To Resolution 2009 -29 ( "Resolution ") To "Celebrate The Season ". FISCAL IMPACT: In Order To Implement The "Celebrate The Season" Banner Display, The City Will Need To Purchase 26 Additional Banners (13 Merry Christmas And 13 Happy Hanukkah). The Cost Of The 26 Banners Is Estimated Not To Exceed $2,500.00. Funding Is Available In The City Manager's Contingency Account. This Expenditure Is Contingent Upon The City Commission's Approval Of This Agenda Item. The City Manager Has Already Authorized The Purchase Of 13 Happy New Year And 13 Celebrate The Season Banners To Replace Existing Worn Out December Seasonal Banners. Funds For This Purchase Had Already Been Budgeted. COMMUNICATIONS EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, 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 Applicable City Staff, eAlert /eCitizen Recipients, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/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. The 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 Requesters. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals RECOMMENDATION: If The City Commission Desires To Proceed With Its Previous Direction To Incorporate "Merry Christmas" And "Happy Hanukkah" Banners Into The December Seasonal Banner Display, The City Manager And City Attorney Recommend That The City Commission Approve The "Celebrate The Season" Banner Display Program Set Forth In Attachment 1. "MOTION TO APPROVE (ITEM `601')." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — SEPTEMBER 26, 2011 PAGE 28 OF 28 MANAGER SMITH STATED, "I SPOKE TO COMMISSIONER KREBS WHO AGAIN OBVIOUSLY IS NOT HERE TONIGHT, AND SHE ASKED THAT I CONVEY HER SENTIMENTS RELATIVE TO THIS ISSUE WITH YOU ALL WHICH ARE AS FOLLOWS: SHE IS BEYOND SUPPORTIVE OF THE THOUGHT PROCESS OF `MERRY CHRISTMAS', `HAPPY HANUKKAH' AND SO ON, SO FORTH; AND IS HAPPY TO DO SO IN HER DAILY INTERACTIONS DURING THE SEASON, BUT DOES HAVE A CONCERN ABOUT THE COMMISSION TAKING THIS POSITION AS A BODY ON `MERRY CHRISTMAS' BANNERS OR SO ON, ON OUR LIGHT POLES." VOTE: COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC INPUT No one spoke In other City business, Commissioner Brown mentioned an article in a Delta Airlines "Sky" Magazine and asked if a copy of an article about Orlando could be emailed to the Mayor and City Commission, and former Mayor Bush by the City Clerk. Mayor Lacey suggested this also be sent to the City's PR Firm. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:35 p.m. RESPE TFULLY SUBMITTED. i 1./ • N ro'y LUACES, MMC CITY 1 LERK APPROVED: // //,,i/.- 1 : / ' ,d "4' IN ' C • '3' LAC Y NOTE: These Minutes were approved at the September 26, 2011 City Commission Regular Meeting.