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HomeMy WebLinkAbout2011 10 24 Consent 210 Requesting Approval of the City Commission Regular Meeting Minutes of October 10, 2011CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES BEG17LAR MEETING PIONWA , OCTOBER 10, 2011 - 5:1 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Jean Hovey - Seat One Commissioner Rick Brown - Seat Two Commissioner Gary Bonner - Seat Three Commissioner Cade Resnick - Seat Four Commissioner Joanne M. Krebs - Seat Five CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- OCTOBER 10, 2011 PAGE 2 OF 31 CALL TO ORDER The Regular Meeting of Monday, October 10, 2011 of the City Commission was called to Order by Mayor Charles Lacey at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor Charles Lacey, present Deputy Mayor Jean Hovey present Commissioner Rick Brown, present Commissioner Gaty Bonner, present Commissioner Cade Resnick, present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance was followed by a moment of silence. REGULAR AGENDA — PART I OF II REGULAR 600. Community Development Department — Arbor Division REQUEST: Requesting That The City Commission Consider The Request Of Ms. Donna Gardinier To Remove One (1) Specimen Live Oak Tree From Her Residence Located At 621 Morgan Street. This Item Was Previously Presented To The City Commission On September 26 th , 2011, However Discussions Were Not Completed Prior To The Commission's Normal Adjournment Pursuant To Their Established Rules. FISCAL IMPACT: If This Request Is Approved, The Applicant Will Pay A $25.00 Arbor Permit Fee And There Will Be Mitigation Requirements In The Form Of Additional Tree Plantings Required As Per The City's Arbor Code. 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 S'tccff 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- OCTOBER 10, 2011 PAGE 3 OF 31 RECOMMENDATION: Staff Recommends That The City Commission Deny The Request Of Ms. Donna Gardinier To Remove One (1) Specimen Live Oak Tree From Her Residence Located At 621 Morgan Street. The Tree Is Currently In Good Overall Health And Appears Structurally Sound. Additionally, The Tree Has Not Caused Any Visible Damage To The Driveway Or Surrounding Structures That Could Be Seen During A Normal Arbor Inspection. Staff Could Find No Existing Condition That Rose To The Level Of An Extraordinary Circumstance Or Hardship As Referenced In Section 5 -8(b) Of The Arbor Ordinance. Ms. Stephanie Wolfe, Water Conservation Coordinator, Public Works Department briefly introduced this Agenda Item. As Ms. Gardinier was not present, Mayor Lacey said to the City Commission, "Is there any objection to moving Item `600' back to the Regular Agenda — Part II ?" There were no objections. 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 Ahvays 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 "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- OCTOBER 10, 2011 PAGE 4 OF 31 CONSENT AGENDA CONSENT 200. 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 Ahvays 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. There was no discussion on this Agenda Item CONSENT 201. Information Services Department REQUEST: Requests Commission Approve Renewal And Payment Of The MUNIS Annual Maintenance And Support Agreement In The Amount Of $61,997.00 And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. FISCAL IMPACT: $61,997.00. This Item Is Budgeted In Information Services Department 1340. 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 Ahvays Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- OCTOBER 10, 2011 PAGE 5 OF 31 RECOMMENDATION: Information Services Requests Commission Approve Renewal And Payment Of The MUNIS Annual Maintenance And Support Agreement In The Amount Of $61,997.00 And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. Commissioner Gaiv Bonner mentioned to City Manager Kevin L. Smith about a previous discussion they had and added, "I just want to once again get your assurance that this will be the last time that we are renewing this agreement with this particular Vendor." Manager Smith responded, "That is the goal. The only thing that would hinder that goal is a delay in implementation of our new software." Manager Smith then commented on Regular Agenda Item "602 ", this Agenda Item, and future plans for improved customer service with new and improved software. Further, Manager Smith remarked, "Essentially, we're just asking to continue this Agreement, but our full intent is to come forward with a recommendation to move away from this current Vendor." Discussion followed on renewal periods, to which Manager Smith said that it was his preference to renew using quarterly time periods; however, the current software Vendor was only offering annual renewals. Continuing, Manager Smith then noted, "So, as we move towards the implementation presumably and hopefully with the new software, if we reach a deadline that would put us into renewal, we're going to have to do something different because I have no desire to renew this software into next year." Mayor Lacey suggested this process be expedited. CONSENT 202. Public Works Department REQUEST: Requesting The City Commission Approve Posted Speed Limits In The Ranchlands. FISCAL IMPACT: The Installation Of Maintenance Of Speed Limit Signs Is Performed In -House And Funded Through Public Works — Roads And Right -Of -Way Maintenance (4412). 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 Approve The Recommended Posted Speed Limits For The Ranchlands. This Agenda Item was not discussed CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- OCTOBER 10, 2011 PAGE 6 OF 31 CONSENT 203. Public Works Department — Stormwater Division REQUEST: Requests The City Commission Approve Task Order 46 To The Engineering Services Agreement With Camp Dresser & McKee Inc. To Provide Professional Engineering Services For Stormwater Improvements To Central Winds Park In The Amount Of $47,985.00. FISCAL IMPACT: The Total Design Fee Is $47,985.00 And The Project Is Funded For FY (Fiscal Year) [20'] 12 By The Stormwater Fund, Line Code 3800 - 65000. 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 Approve Task Order 46 To The Engineering Services Agreement With Camp Dresser & McKee Inc. In The Amount Of $47,985.00 Funded From The Stormwater Fund ( 43800 - 65000) And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. No discussion. CONSENT 204. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Requesting The Commission Adopt Bond Resolution 2011 -54 To Accept The Proposal By BB &T Bank To Purchase The City's, Not To Exceed $1,800,000.00, Special Assessment (TLBD) [Tuscawilla Lighting And Beautification District] Refunding Note, Series 2011 To Refund All Of The City's Outstanding Special Assessment Revenue Bonds, Series 2001; And Authorize The City Manager And City Attorney To Execute All Necessary Documents To Complete A Loan Agreement With BB &T Bank. FISCAL IMPACT: Upon Acceptance Of The Refinancing Of The Special Assessment (TLBD) [Tuscawilla Lighting And Beautification District] Revenue Bonds, Series 2001 by BB &T Bank The City Will Realize A Net Present Value Savings Of $252,952.00 (Net) (14.3 %) Over The Remaining 18 Years Until Final Maturity Of The BB &T Note On 10/1/2029. This Equates To A Savings For The TLBD [Tuscawilla Lighting And Beautification District] Of z $19,000.00 (Nominal) Annually. This Brings The Total Debt Restructuring Savings To $2,000,000.00 Over The Next 10 To 15 Years. 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- OCTOBER 10, 2011 PAGE 7 OF 31 This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Manager And Finance Department Recommend That The City Commission Accept The BB &T Proposal To Issue A Bank Note To Refund The Special Assessment (TLBD) [Tuscawilla Lighting And Beautification District] Revenue Bonds, Series 2001 Not To Exceed $1,800,000.00; Adopt Resolution 2011 -54; And To Authorize The City Manager And City Attorney To Complete All Applicable Paperwork Necessary To Complete This Refinancing. There was no discussion on this Agenda Item. CONSENT 205. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The September 26, 2011 City Commission Regular Meeting Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. 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 September 26, 2011 City Commission Regular Meeting Minutes. No discussion. CONSENT 206. Parks And Recreation Department REQUEST: Requests That The City Commission Authorizes The City Manager To Execute The Partnership Agreement Between The City Of Winter Springs And Orlando Sentinel Communications Company. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- OCTOBER 10, 2011 PAGE 8 OF 31 FISCAL IMPACT: Staff Is Continuing To Evaluate Options To Lower Expenses And Increase Efficiency Of Operations. 2011 - [20']12 FY (Fiscal Year) Budget For City Community Events Is $35,000.00. Parks & Recreation Budget For FY (Fiscal Year) [20']12 Community Events Is Projected At $32,000.00. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media /Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Parks And Recreation Recommends That The City Commission Authorize The City Manager To Execute The Partnership Agreement Between The City And Orlando Sentinel Communications Company For FY (Fiscal Year) [20']12 Only. This Agenda Item was not discussed. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Chief Of Police REQUEST: Presenting Various Awards From The Winter Springs Police Department. Chief of Police Kevin Brunelle, Police Department introduced a number of Recognition Awards. First, Chief Brunelle recognized Mr. Anthony Squitieri with a Citizen Recognition Award. Mr. Squitieri accepted his Award. Secondly, Mr. Joseph Gibbs was recognized for his efforts with a Citizen Recognition Award. Although Mr. Gibbs could not attend this City Commission meeting, Mr. Gibbs was honored for his assistance. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- OCTOBER 10, 2011 PAGE 9 OF 31 Next, Chief Brunelle presented Meritorious Action Awards to the following members of the Winter Springs Police Department: Corporal Paul Stein, Officer Kyle Coffman, Lieutenant Robin Bernosky, Corporal Bernard McPherson, Detective Matt Scovel, Officer WaNne Wagner, and Officer Allison Muniz. Corporal Daniel Accomando was recognized by Chief Brunelle as Officer of the Month for the month of September. Next, Officer Reginald Bethea received acknowledgement as Officer of the Month for the month of August. Murphy's Premium Pet Food received an Award of recognition for their many contributions to the Winter Springs Police Department's Canine Unit. Additionally, Mr. and Mrs. Ed and Nancy Riordan recognized the Mayor and City Commission, Manager Smith, and the Parks and Recreation Department for their assistance and support with the recent tenth Anniversaiv of September 11, 2001, in the form of a 9 -11 Memorial Ceremony held at City Hall. Mr. and Mrs. Riordan then presented a Flag of Honor Plaque to the City in "Gratitude to the Mayor and the City of Winter Springs for helping to facilitate a community gathering and observance". Mayor Lacey then presented a Proclamation to Mr. and Mrs. Riordan in honor of the efforts and contributions with the 9 -11 Memorial Ceremony held in the City of Winter Springs. Next, Mayor Lacey said to the City Commission, "Ms. Gardinier is here, may we entertain Item `600' now — if there is no objection ?" Commissioner Rick Brown stated, "No objection." There were no objections voiced. ❖ ❖ AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS FURTHER ADDRESSED AND VOTED ON, AS DOCUMENTED. ❖ ❖ REGULAR AGENDA — PART I OF II REGULAR 600. Community Development Department — Arbor Division REQUEST: Requesting That The City Commission Consider The Request Of Ms. Donna Gardinier To Remove One (1) Specimen Live Oak Tree From Her Residence Located At 621 Morgan Street. This Item Was Previously Presented To The City Commission On September 26 2011, However Discussions Were Not Completed Prior To The Commission's Normal Adjournment Pursuant To Their Established Rules. FISCAL IMPACT: If This Request Is Approved, The Applicant Will Pay A $25.00 Arbor Permit Fee And There Will Be Mitigation Requirements In The Form Of Additional Tree Plantings Required As Per The City's Arbor Code. 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 S'tccff 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- OCTOBER 10, 2011 PAGE 10 OF 31 RECOMMENDATION: Staff Recommends That The City Commission Deny The Request Of Ms. Donna Gardinier To Remove One (1) Specimen Live Oak Tree From Her Residence Located At 621 Morgan Street. The Tree Is Currently In Good Overall Health And Appears Structurally Sound. Additionally, The Tree Has Not Caused Any Visible Damage To The Driveway Or Surrounding Structures That Could Be Seen During A Normal Arbor Inspection. Staff Could Find No Existing Condition That Rose To The Level Of An Extraordinary Circumstance Or Hardship As Referenced In Section 5 -8(b) Of The Arbor Ordinance. Ms. Wolfe gave a brief overview of this Agenda Item to the Mayor and City Commission. Ms. Donna Gardinier, 621 Morgan ,Street Winter ,Springs, Florida: provided some photographs of the tree in question to some of the Commissioners and commented on her concerns. Discussion followed on trimmed trees, storms, and downed trees. Commissioner Bonner mentioned he had driven around the City and noticed there were numerous large overhanging trees on various properties around the City and inquired if Staff knew how many similar situations there were in the City. Ms. Wolfe advised the City Commission that we did not have a Tree Inventor*. Further comments. "MOTION WILL BE TO DENY." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR HOVEY: NAY COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager — Kevin L. Smith Manager Smith thanked all for their support of him and his family over the last few weeks. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING— OCTOBER 10, 2011 PAGE 11 OF 31 REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC City Clerk Andrea Lorenzo - Luaces asked when the City Commission would like an Agenda Item on Board of Trustees Appointments, and suggested possibly the first City Commission Regular Meeting in November. Mayor Lacey suggested to the City Commission, "Sooner ?" There were no objections noted. City Clerk Lorenzo - Luaces added, "First meeting in November ?" Mayor Lacey stated, "Yes." Commissioner Joanne M. Krebs said, "That will be fine." No Commissioners voiced any objection. REPORTS 403. Office Of Commissioner Seat Four — The Honorable Cade Resnick Commissioner Cade Resnick mentioned as a follow -up to a previous discussion, he will be representing Winter Springs at the Community Alliance on October 19 "' 2011 and that Deputy Mayor Hovey will be the Alternate. Secondly, Commissioner Resnick commented on remarks made about the City "Being unfair to businesses because we were micromanaging. I do agree with the resident that shared that it and is our responsibility to look into every option possible; and I would like to keep it as my responsibility at least, to make sure that I keep every issue as micromanaged until it is sorted out." REPORTS 404. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs commented on the City Clerk's Annual Evaluation and stated, "I just wanted to thank you Andrea (Lorenzo - Luaces) for putting all of that information together. It was very helpful and it just reiterates to me, how much you do (and your team) and as well as the rest of the City does, - but we are just talking about you now — and I just appreciate eveiN -thing you do, and thank you, and we will get together on that." Next, Commissioner Krebs asked if there was a Policy that dealt with copying the City Clerk on correspondence sent to the Mavor and Citv Commission. Continuing her Report, Commissioner Krebs spoke of forthcoming Policies being decided for the Tri- County League of Cities and that a copy should be coming to the City Commission, possibly in the form of a brochure which will be helpful for those attending Legislative Action Day. Tape I Side B Further, related to legislative matters, Commissioner Krebs mentioned a possible Bill about texting; and that she would keep the Commission informed. REPORTS 405. Office Of The Mayor — The Honorable Charles Lacey No Report. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- OCTOBER 10, 2011 PAGE 12 OF 31 REPORTS 406. Office Of Commissioner Seat One /Deputy Mayor — The Honorable Jean Hovey Deputy Mayor Hovey noted that she attended the Council of Local Governments in Seminole County (CALNO) meeting last week and noted that Mayor Lacey had been appointed to sit on the Seminole County Public Schools Superintendent Search Committee representing the Council of Local Governments in Seminole County (CALNO) organization. Deputy Mayor Hovey added that she would also be serving on this committee, as the Parent - Teachers Association (PTA) representative and pointed out that as a result of these appointments, "We will have two (2) citizens from Winter Springs, serving on the new Seminole County Public Schools Superintendent [Search Committee]." With additional comments, Deputy Mayor Hovey noted that "There will be two (2) Town Hall meetings in November, one the 8 at Oviedo High School and one, two (2) weeks later at Lake Brantley High School, for public input." Next, Deputy Mayor Hovey then remarked that two (2) weeks ago, Deputy Mayor Hovey was in Tallahassee with the new Commissioner of Education and other educational leaders. On a related note, Deputy Mayor Hovey mentioned that Seminole County Parent - Teachers Association (PTA) has an Advocacy group that has started and are working with the "Stand Up For Seminole County Public Schools" and that there was an event tomorrow between 3:00 — 6:00 p.m., should anyone wish to attend. FOR THE BOARD OF TRUSTEES, "I WOULD LIKE TO SUBMIT MR. (FRANK) MUNDO'S NAME FOR APPOINTMENT." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REPORTS 407. Office Of Commissioner Seat Two — The Honorable Rick Brown Commissioner Brown referenced Consent Agenda Item "204" on tonight's Agenda and stated, "Earlier today, I did send a congratulatonv email to he (Manager Smith) and his Staff, and I did copy Andrea (Lorenzo - Luaces) for Public Records purposes, congratulating him for his efforts on Item "204 "; which was the renegotiation of the TLBD (Tuscawilla Lighting and Beautification District) Debt. I think the proactive fiscal actions taken by him, especially in light that just a couple of weeks ago, we had a recommendation to actually increase taxes on the citizens to cover some operational shortfalls. And I think Staff looking forward and being very proactive in taking that and saving the City over a quarter million dollars during the new negotiated term of the Note... " Commissioner Krebs added, "...I agree with you..." Commissioner Brown then said, "...I think is worthy of applause and thank you very much." Commissioner Krebs again stated, "Yes, I agree with you. Thank Vou." CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- OCTOBER 10, 2011 PAGE 13 OF 31 AS A NOMINATION FOR THE CURRENT SEAT TWO OPENING ON THE CODE ENFORCEMENT BOARD, "MR. GREG ROERO." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REPORTS 408. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Bonner remarked, "I want to echo Commissioner Brown's compliments for the fine work done to reduce our debt and pass those savings on to our citizens, in particular, those who are impacted by the Tuscawilla Lighting and Beautification District." Secondly, Commissioner Bonner noted that he had been advised that the Seminole County U.S. Highway 17/92 Community Redevelopment Agency (CRA) - Redevelopment Planning Agency (RPA) Coordinator was no longer serving in that capacity; and that Commissioner Bonner would keep the Mayor and City Commission apprised of any new developments. Commissioner Bonner added that he did not think this would impact any current projects, but would get with Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department to verify this. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Attorney REQUEST: Requesting The City Commission Consider A Request From The Winter Springs Golf, LLC And Morgran Greens, LLC To Change The Construction Deadline Of The 4 Tennis Court Required By A Previously Approved Settlement Agreement Related To The Proposed Tuscawilla Greens Project, Such That It Corresponds To The Future Membership Level Of The Country Club. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- OCTOBER 10, 2011 PAGE 14 OF 31 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 Ahvays Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. In Addition To The Communications Efforts Listed Above, A Sign Has Been Installed At The Front Of The Development Property Notifying The Public That The Tuscawilla Greens Project Will Be On The October 10, 2011 City Commission Agenda. RECOMMENDATION: Staff Recommends The City Commission Approve The Request By Winter Springs Golf, LLC And Morgran Greens, LLC To Require Winter Springs Golf, LLC To Commence Construction Of The Fourth Tennis Court No Later Than 90 Days After The Tuscawilla Country Club's Membership Level Reaches 550, And Authorize The City Manager And City Attorney To Prepare, Execute, And Record Any And All Applicable Documents Including The Sixth Amendment To The Settlement Agreement Between The City And Winter Springs Golf, LLC Consistent With The Direction Given By The City Commission. City Attorney Anthony A. Garganese began the discussion on this Agenda Item with an overview and how the City Commission wants to address the fourth tennis court issue. With further comments, Attorney Garganese explained, "The proposal is Staff's recommendation is to release the development project site from the fourth tennis court, so the project could proceed through the normal course of events including the issuance of C.O.'s (Certificate of Occupancy) and then separately, modify the Settlement Agreement with the Club to memorialize that the fourth tennis court would be built no later than ninety (90) days after the club membership reaches 550 members or if the Club wished to do it sooner, then they certainiv could do that but that would be the deadline for the fourth tennis court." Attorney Garganese noted, "We need to address this fourth tennis court issue first so we know how the other items should be approved." Commissioner Brown stated, "Point of Order" and commented on the public being able to speak. Discussion followed on previous Agreements related to the City s Comprehensive Plan and the City Commission giving direction to private businesses. Attorney Garganese stated that "What Staff is proposing here is to release the development project from this requirement so it could proceed under the normal course. That's one recommendation and then the Club would agree to continue to build that fourth tennis court but when they reach 550 members, which they re still quite a waN-s from doing." Further discussion followed CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- OCTOBER 10, 2011 PAGE 15 OF 31 Mayor Lacey said, "I think it is an essential part of this that we divide the split responsibility now between the Developer and the Countiv Club because we have one tied to the other..." Commissioner Krebs added, "...It has changed, yes..." Mayor Lacey continued, "...And so the Agreement that is put forward here tonight, solves that problem, and I think it is essential that we do that." Further, Mayor Lacey also noted his concerns with the City asking private businesses to meet certain guidelines. 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. Discussion followed. Mr. Brian Fields, P.E., City Engineer, Public Works Department stated, "Just to address the Easements in `500.2', we put in - an Easement matrix, a status of the ten (10) Easements that are required and related to this project. Just as a quick summaiv is that nothing is past due in those Easements, the ones that needed to be Recorded have been. The rest are in various stages of progress. That will come back to the Commission when this project goes to Site acceptance. That is the time that we will present an Agenda Item stating that in order to get on the Agenda, they have to have those Easements completed and recorded to our satisfaction. So, Easements are in progress. Summaiv is `500.2." Commissioner Bonner then noted, "I am not seeing or hearing that there are any other open matters to be resolved between either of these parties and the City, on behalf of the citizens ?" Manager Smith responded, "Not that we're aware of Commissioner. No." Commissioner Bonner then mentioned he agreed with Commissioner Brown and Mayor Lacey about their concerns with the City being involved in such business negotiations. Further discussion Mr. Monte Carmack, General Manager, Tuscawilla Country Club, 1.500 Winter ,Springs Boulevard, Winter ,Springs, Florida: stated, "One of the things I addressed last week and the only thing that I would say about the number was 550 — but it was Golf and Tennis members because the social members cannot play Golf or Tennis; so that's the only correction I'd want to make. And, that in the letter we sent vou, it said 550 Golf and Tennis. In actuality, if we get 550 Golf and Tennis members, we're going to be building a Tennis Court anN Commissioner Brown asked, "Would you see it as a good business venture, to provide those memberships, if it wasn't required in the agreement ?" With further comments, Commissioner Brown clarified that his question dealt with, "The requirement to have a Club membership for the people who buy the homes." Mr. Daniel S. Thall, Morgran Management LLC, 450 North Wymore Road, Winter Park, Florida: remarked, "That is alreadv done. We already have an Agreement. We are paying up front for sixty (60) memberships, twelve (12) full Golf and forty -eight (48) Tennis memberships." Commissioner Brown then inquired, "And that is fine with you, you would do it regardless of it being in the City s Agreement ?" Mr. Thall replied, "Yes." Further comments CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- OCTOBER 10, 2011 PAGE 16 OF 31 Attorney Garganese remarked, "What we're asking the Commission is to give direction for the fourth tennis court because it is a piece of information that will affect the actual four (4) more items coming up. So, we just need direction on what you want to do with the fourth tennis court. The waYT the Fifth Amendment to the Settlement Agreement is drafted in your Agenda, it incorporates Staff s recommendation but there would be another Agreement that would have to be entered into with the Club that we would have to prepare; but that's separate and apart from the Development Application that's before you." Next, Attorney Garganese then said, "The Settlement Agreement with the Club — that you could delegate that." Attornev Garganese then said that he and the City Manager would review all the details and complete the Agreement. "I WILL MAKE THE MOTION TO APPROVE STAFF RECOMMENDATION OF ITEM `500' TO PROCEED WITH ALL APPLICABLE DOCUMENTS - WILL BE THE SIXTH AMENDMENT TO THE SETTLEMENT AGREEMENT IF I AM READING THAT CORRECTLY, BETWEEN THE CITY OF WINTER SPRINGS AND THE WINTER SPRINGS GOLF, LLC." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR LACEY SUMMARIZED THE MOTION — "TO APPROVE STAFF RECOMMENDATION FOR ITEM `500' WHICH ESSENTIALLY DELEGATES PREPARATION OF THE SIXTH AMENDMENT TO THE SETTLEMENT AGREEMENT TO TIE THE FOURTH TENNIS COURT TO THE 550 MEMBERSHIP LEVEL IN THE COUNTRY CLUB." COMMISSIONER BROWN STATED, "I JUST WANT TO BE CLEAR FOR THE RECORD. WE HEARD FROM THE DEVELOPER THAT THEY INTENDED TO PURCHASE THE CLUB MEMBERSHIPS REGARDLESS OF WHETHER IT WAS IN THE AGREEMENT OR NOT. I JUST WANT TO MAKE SURE THAT I AM CLEAR WITH THE GENERAL MANAGER, THAT THAT NUMBER THAT THE CITY I BELIEVE WRONGLY HAS IMPOSED INTO THIS CONTRACT, REQUIRING YOU TO BUILD THAT TENNIS COURT. IT IS SOMETHING THAT YOU WOULD DO ANYWAYS AS YOU STATED, WHEN THE NUMBERS CAME TO THAT 550; AND IT BEING IN THE CITY'S REQUIREMENTS, DOESN'T IMPOSE ANY HARDSHIP." FROM HIS SEAT, MR. CARMACK STATED, "THAT WOULD BE CORRECT." COMMISSIONER BROWN ALSO MENTIONED FOR THE RECORD THAT HE DOES NOT SUPPORT GOVERNMENT IMPOSING SUCH REQUIREMENTS. MAYOR LACEY THEN COMMENTED, "THE RECOMMENDATION WAS FOR 550 MEMBERSHIPS. THE GENERAL MANAGER WANTED THAT TO SAY, 550 GOLF AND TENNIS MEMBERSHIPS. DO WE HAVE A DIFFERENCE OF OPINION THERE?" MANAGER SMITH SAID, "WE HAVE NO DIFFERENCE OF OPINION." DISCUSSION FOLLOWED ON THIS WOULD BE ENFORCED. MAYOR LACEY ADDED, "WHY ARE WE IMPLEMENTING A REQUIREMENT THAT WE HAVE NO INTENTION TO ENFORCE?" FURTHER COMMENTS. "I WOULD LIKE TO MAKE AN AMENDMENT THAT WE TAKE THAT PIECE OUT — THE 550, TAKE IT OUT - THEY ARE GOING TO DO IT. I BELIEVE HE WILL DO IT. HE IS A BUSINESSMAN AND HE WANTS BUSINESS." AMENDMENT TO THE MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- OCTOBER 10, 2011 PAGE 17 OF 31 ATTORNEY GARGANESE CLARIFIED, "TAKE THE FOURTH TENNIS COURT OUT OF THE SETTLEMENT AGREEMENT IN ITS ENTIRETY." COMMISSIONER KREBS CONFIRMED HER AMENDMENT AND STATED, "TAKE THE FOURTH TENNIS COURT OUT OF THE SETTLEMENT AGREEMENT ENTIRELY." VOTE: (ON THIS AMENDMENT) DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. ATTORNEY GARGANESE THEN RECOMMENDED, "SINCE THE DEVELOPMENT PROJECT SITE IS NO LONGER OWNED BY THE CLUB, THERE ARE STILL EASEMENTS THAT ARE REQUIRED TO COMPLETE THE PROJECT. THOSE EASEMENTS MUST BE GRANTED BY THE CLUB. IF THE COMMISSION IS INCLINED TO RELEASE THE FOURTH TENNIS COURT, I WOULD SUGGEST THAT AS A CONDITION OF RELEASING IT, THAT YOU GET THE NECESSARY EASEMENTS FOR THIS DEVELOPMENT PROJECT." ATTORNEY GARGANESE SAID, "IT DOESN'T NEED TO BE INCLUDED INTO THE SETTLEMENT AGREEMENT. THERE ARE JUST EASEMENTS THAT NEED TO BE GRANTED. I HAVE NO DOUBT THAT THOSE EASEMENTS ARE GOING TO BE GRANTED BASED ON MY DISCUSSIONS WITH THE REPRESENTATIVES OF THE CLUB AND THE DEVELOPER. IT IS A LOOSE END. IF YOU'RE GOING TO BE PROVIDING SOME BENEFIT TO THE CLUB BY RELEASING THE FOURTH TENNIS COURT, I WOULD SUGGEST THAT YOU WANT TO MAKE SURE YOU GET THOSE EASEMENTS TO THIS PROJECT, AND I BET THE DEVELOPER WANTS TO ENSURE THE SAME." WITH FURTHER COMMENTS, ATTORNEY GARGANESE NOTED, "IT'S GOING TO BE AN AMENDMENT TO THE SETTLEMENT AGREEMENT TO RELEASE THE CLUB OF THE TENNIS COURT - IT DOESN'T ADDRESS THE EASEMENTS." MOTION TO AMEND THE MAIN MOTION BY COMMISSIONER KREBS WHO STATED, "I WOULD MAKE THAT A CONDITION - IN THE MAIN MOTION THOUGH, TO INCLUDE THE EASEMENTS AS DESCRIBED BY THE ATTORNEY." AMENDMENT TO THE MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: (ON THIS AMENDMENT) COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. RELATED TO THE PROCESS, ATTORNEY GARGANESE EXPLAINED, "THE PROJECT WILL GO FORWARD. THE EASEMENTS WILL BE GRANTED, CONVEYED TO THE CITY. ONCE WE RECEIVE THOSE EASEMENTS, THE MANAGER AND I WILL PRESENT TO THE CLUB A SIXTH AMENDMENT TO THE SETTLEMENT AGREEMENT THAT RELEASES THEM OF THE FOURTH TENNIS COURT." CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING— OCTOBER 10, 2011 PAGE IS OF 31 MAYOR LACEY ADDED, "THE MOTION BEFORE US IS TO APPROVE STAFF TO DO JUST AS THE ATTORNEY DESCRIBED." COMMISSIONER KREBS ADDED, "YES." VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. Tape 2r Side A PUBLIC HEARINGS 500.1 Office Of The City Attorney REQUEST: Requesting Approval Of A Fifth Modification Of The Settlement Agreement Between The City And The Tuscawilla Country Club To Facilitate Development Of A Portion Of Parcel 7 As Townhome Property By The New Property Owner, Morgran Greens, LLC. 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. In Addition To The Communications Efforts Listed Above, A Sign Has Been Installed At The Front Of The Development Property Notifying The Public That The Tuscawilla Greens Project Will Be On The October 10, 2011 City Commission Agenda. RECOMMENDATION: Staff Recommends The City Commission Approve The Fifth Amendment To The Settlement Agreement As Recommended By Staff And Subject To The Tuscawilla Country Club Executing An Amendment To The Settlement Agreement Incorporating The Tennis Court Deadline Directed By The City Commission Under Item 500. Alternatively, Staff Recommends The City Commission Approve The Fifth Amendment To The Settlement Agreement Incorporating Any Contrary Direction Provided By The City Commission Under Item 500 And This Item. Attorney Garganese introduced this Agenda Item for discussion. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- OCTOBER 10, 2011 PAGE 19 OF 31 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 THE FIFTH MODIFICATION TO THE SETTLEMENT AGREEMENT AS MODIFIED BY OUR DIRECTION IN ITEM `500'." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 500.2 Community Development Department — Planning Division REQUEST: Requests That The City Commission Consider Approval Of: 1) A Modification To The Tuscawilla Greens Preliminary /Final Engineering Plan To Permit The Construction Of 60 Townhome Units; And,2) The Amended Development Agreement For Tuscawilla Greens, An 11.45 Acre Development Site Located On The South Side Of Winter Springs Boulevard, East Of The Tuscawilla Country Club Which Was Approved For The Construction Of 60 Condominium Units In 2008. FISCAL IMPACT: The Potential Tax Revenue Of The Proposed Project Is Estimated As Follows: Townhomes (60 Units) Units (1,800 Square Foot Average) Assessed At $90.00 /Square Foot: $9,720,000.00 Assessed Tax Value (1,800 x 90 162,000 x 60 Units = $9,720,000.00) $9,720,000.00/1000 = $9,720.00 $9,720 x (2.5814) = $25,091.21 $25,091.21 (Less The 4% Statutory Discount) _ $24,087.56 Tax Revenue City Of Winter Sprints Taxes Paid On Vacant Land Now (Data Obtained From Seminole County Property Appraiser): $3,097.68 $3,097.68 Tax Revenue Total Potential Tax Revenue: $27,185.24 COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To Applicable City Staff, eAlert /eCitizen Recipients, Media /Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- OCTOBER 10, 2011 PAGE 20 OF 31 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 Ahv(ys Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff And The Planning And Zoning Board Recommend That The City Commission Act On The Requests For The Tuscawilla Greens Project As Follows: 1) Approve The Modified Preliminary /Final Engineering Plans To Accommodate The Proposed townhome Development; And, 2) Approve The Amended Development Agreement And Authorize The City Manager And City Attorney To Finalize The Document For Execution And Recordation. Mr. Fields gave a brief summaiv of this Agenda Item and remarked, "The only new information in the Agenda Item is the Easement matrix I spoke about before. Those Easements need to be in place before we can accept the site and before Certificates of Occupancy can be given; so as a minimum, those Easements need to be in place before that time." Discussion. Commissioner Bonner said to Mr. Fields, "MST concern is, by granting Engineering, the Developer could move ahead and do what the Developer can do, prior to those Easements being available. That would alter the property from its current status and in the event that the Easements were not received, the project would not be able to proceed to conclusion while that matter was resolved. So, the community would be impacted potentially by a change in the status quo for the property because some activity had transpired in anticipation of the awarding of the Easements." Mr. Fields remarked, "The approach to the Easements is no different here, than we've done on other projects — is that they design the site. There are water mains, walls, fences, drainage pipes that need to be in Easements, that infrastructure gets built and then they record the Easements over the built infrastructure. Before we allow them to occupy units, those Easements have to be in place. So, the process here is the same as we have for other projects. The oniv difference here is that some of those Easements are being dedicated by the Counhy Club because they re on Counhy Club property." Additionally, Mr. Fields suggested, "I don't think we have any problem as long as we proceed with the direction that the Commission just gave to have some leverage over the Countiy Club to have them execute these Easement agreements." Discussion followed on avoiding eyesores, the timing of the Easements, the process, the order of work to be done, different possible scenarios, the number of Easements and the related status of the Easements. Mr. Fields noted, "Probably at the next Meeting, they will be coming in with their Final Plat and with that Plat, in order to record it, they will need to post a Letter of Credit, which they don't have today." Furthermore, Mr. Fields explained that the Letter of Credit is "To restore the site. However, if the Easements were veiy much a concern, you could make that a condition of Approval of the Final Engineering such that we would verify that they are in place before doing any additional work." Further discussion Mr. Thall commented about normal processes. Attorney Garganese remarked, "The Easement issue has been pending for several Nears now. They need to be completed, at least with respect to the Emergency Ingress /Egress Easement; we have the Drainage Easements for ponds that have already been completed, that includes Ingress /Egress for the City across the 10 "' Faiix-my, all of those Easements were worked out and provided, and we never received them after Commission Approval." CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- OCTOBER 10, 2011 PAGE 21 OF 31 Furthermore, Attorney Garganese pointed out, "These Easements need to be granted and if it takes them granting the Easements before they can proceed with work, pursuant to the Engineering, I think that's reasonable under the circumstances of this particular Development project." Commissioner Bonner remarked about the high visibility of this area; and comments followed on being reasonable. Commissioner Brown then noted, "I don't think it is an unreasonable request to make sure that once that starts moving f6i xvard, it moves foI to completion." Mr. Thall stated, "I think we would be happier if you have to tie the requirement to something, to tie it to vertical construction. Anything that Nve would do between now and vertical construction would only be an improvement. The things that are left on the site work are the perimeter fence, sign monument. I mean these are all things that will only go to improve the property. So, if this is a decision of the Commission, to hold this, even though that's not the policy that I was told was in place, it would seem less damaging to us at least if we could do some of the things that need to be done and mostly, our concern is to secure the site." Discussion followed on Winter Springs' image with business, stressing that Winter Springs becomes more business friendly, and the process for this project. Mayor Lacey opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input" portion of the Agenda Item. "I AM GOING TO GO AHEAD AND MOTION `500.2' TO BE - APPROVED, CONTINGENT UPON THE RESOLUTION OF THE OUTSTANDING EASEMENTS." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. COMMISSIONER BONNER ADDED, "AS THE APPLICANT REQUESTED AND STAFF WAS OKAY, MEANING VERTICAL IMPROVEMENT." VOTE: COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Attorney Garganese commented, "Point of Clarification on `500.2', that also included the Development Agreement which was item number 2), within `500.2' There wasn't any discussion about that other than Inoted that whatever the condition was should be incorporated into the Development Agreement. " Commissioner Bonner said, "That was the intent yes. " Mayor Lacey summarized, "For the Record, that is what the Motion included, items 1) and 2) of `500.2." PUBLIC HEARINGS 500.3 Community Development Department — Planning Division REQUEST: Requests That The City Commission Hold A Public Hearing To Consider The Aesthetic Review For The Proposed Tuscawilla Greens Project, A 60 -Unit Townhome Development. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- OCTOBER 10, 2011 PAGE 22 OF 31 FISCAL IMPACT: The Potential Tax Revenue Of The Proposed Project Is Estimated As Follows: Townhomes (60 Units) Units (1,800 Square Foot Average) Assessed At $90.00 /Square Foot: $9,720,000.00 Assessed Tax Value (1,800 x 90 162,000 x 60 Units = $9,720,000.00) $9,720,000.00/1000 = $9,720.00 $9,720 x (2.5814) = $25,091.21 $25,091.21 (Less The 4% Statutory Discount) _ $24,087.56 Tax Revenue City Of Winter Sprints Taxes Paid On Vacant Land Now (Data Obtained From Seminole County Property Appraiser): $3,097.68 $3,097.68 Tax Revenue Total Potential Tax Revenue: $27,185.24 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 Ahvays Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff And The Planning And Zoning Board Recommend That The City Commission Approve The Aesthetic Review Package For The Tuscawilla Greens Townhome Development. Mr. Bobbv Howell, AICP, Planner, Community Development Department introduced his Agenda Item for discussion, Further discussion followed on the parking dilemmas, visitor parking, and holiday parking. Mr. Fields also spoke on parking and added, "Here, there would be no visitor parking lot. It's something we discussed in review. It's something that we recommended. We cannot require it by Code right now." In regards to extra parking, Commissioner Krebs noted, "There are times where it is possible to create a project that has that extra — that wasn't the case here." Commissioner Resnick inquired, "Where do visitors go ?" Mr. Fields responded, "The lack of visitor parking was a concern. It was relayed to the original Developer. It was discussed at length in that original development. We relayed that to the new Developer. Their plan here is an improvement in the parking, still not providing off site, or on site visitor parking away from someone's driveway , however, they do have more parking available in the drivevmv in these units, than they had in the condominium units." Mayor Lacey opened the "Public Input" portion of the Agenda Item. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- OCTOBER 10, 2011 PAGE 23 OF 31 No one spoke. Mayor Lacey closed the "Public Input" portion of the Agenda Item. "I WILL MAKE THE MOTION TO APPROVE THE AESTHETIC REVIEW." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Not Used PUBLIC HEARINGS 502. Community Development Department — Planning Division REQUEST: Requests That The City Commission Review And Adopt On Second Reading Ordinance 2011- 08, Which Revises The Regulatory Language For Home Occupations And Home Offices, In The City's Code Of Ordinances. FISCAL IMPACT: While There Is No Immediately Measurable Fiscal Impact Associated With This Ordinance, The Intent Is To Create A More Predictable And Defined Framework Within Which Home - Based Businesses Can Be Fostered And Become Viable Within The Residential Portions Of The City Without Becoming A Potential Nuisance To The Neighborhood. 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. Staff Has Consulted With Several Concerned Citizens Relative To The Final Draft Of The Ordinance And Believes Their Concerns Have Been Addressed In The Final Draft Attached To This Agenda Item. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- OCTOBER 10, 2011 PAGE 24 OF 31 RECOMMENDATION: Staff And The Planning And Zoning Board Recommend That The City Commission Approve Second Reading And Adoption Of Ordinance 2011 -08, Which Revises The Regulatory Language For Home Occupations And Home Offices, In The City's Code Of Ordinances. Attorney Garganese read Ordinance 2011 -08 by "Title" oniv and stated, "There were a few changes that were made between First and this Second Reading. Some of the changes were wordsmithing, but I did want to point out the more significant change on Page 4 of 7, (a) 5., where we added the sentence, `Commercial vehicles shall be regulated pursuant to section 20 -431 et. seq. of the City Code.' That was a primaiv concern of the Commission, to make sure that this Ordinance did not make affect the Commercial Vehicle Ordinance that you all passed, so that's been incorporated into the Ordinance." Mr. Howell then commented 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. Much discussion ensued on comments from a citizen related to the thirty percent (30 %) of a home to possibly be used for a home based business, and was this too broad; along with the number of visitors - as possible issues to consider. "MOTION TO APPROVE (ORDINANCE 2011 -08)." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mayor Lacey said, "Ms. (Teas*) Scarlata did ask that her letter be placed in the public record. Andrea (Lorenzo - Luaces) has a copy and it will be so placed." PUBLIC HEARINGS 503. Office Of The City Manager And Community Development Department REQUEST: Request That The City Commission Review And Adopt On Second Reading Ordinance 2011- 14, Which Establishes The Jobs Growth Incentive (JGI) Program, An Economic Development Cash Incentive Program To Entice Relocating Or Expanding Businesses That Are Considered Targeted Industries That Create Qualifying Jobs Within The City. FISCAL IMPACT: There Is No Immediate Fiscal Impact Associated With This Agenda Item. However, The City Has Allocated Certain General Fund Revenues As A Mechanism To Fund The JGI Program. As Stated Above, The Commission Will Review And Decide On Funding On A Case -By -Case Basis. Part Of The Commission's Consideration Of Each Application Will Be The Return On Investment Period. The Commission Will Consider The Anticipated Ad- Valorem Taxes To Be Generated By The Project And The Anticipated Time Period For Said Ad- Valorem Taxes To Equal And Exceed The Award Amount As Well As The Overall Economic Impact Of The Project Upon The Local Economy. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- OCTOBER 10, 2011 PAGE 25 OF 31 COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To Applicable City Staff, eAlert /eCitizen Recipients, Media /Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Manager And Community Development Department Recommend That The City Commission Approve Second Reading And Adoption Of Ordinance 2011 -14, Which Establishes The Jobs Growth Incentive (JGI) Program Which Will Allow The City To Utilize This Economic Development Program As A Business Recruitment Tool And Move The Ordinance Forward To Second Reading. Attorney Garganese read Ordinance 2011 -14 by "Title" only, and remarked, "We incorporated on Page 3 of 7, the new information regarding average wages in Seminole County and that information can just be updated from year to Near as new information becomes available without the necessity of adopting a new Ordinance." Mr. Howell referenced a replacement Page 6 of the Agenda Item which replaced a typo in Staff's Recommendation. 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 (ORDINANCE 2011 -14)." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. REGULAR AGENDA - PART II OF II REGULAR 601. Office Of The City Manager And Community Development Department REQUEST: Request That The City Commission Review And Adopt Resolution 2011 -47 Approving The Operational Procedures For Administering The Ad Valorem Tax Exemption Program, Which Was Approved By The City's Electorate By Referendum On November 2, 2010. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING— OCTOBER 10, 2011 PAGE 26 OF 31 FISCAL IMPACT: There Is No Immediate Fiscal Impact Associated With This Agenda Item. The Way This Program Is Structured No Money Is Exchanged. As Part Of The Evaluation Of The Application, The City Manager, Or The Manager's Designee, Will Prepare An Economic Impact Report That Will Identify The Economic Impact Associated With The Operation Of The Applicant's Facility And The Potential Cost To The City (Reduced Ad Valorem Revenue) Regarding The Proposed Exemption. This Economic Impact Report Will Be Performed On A Case -By -Case Basis And Will Assess, Among Other Factors, The Secondary Economic Benefits Of The Company's Relocation To Or Expansion In Winter Springs. Exemptions From Ad Valorem Taxes Will Forego A Portion Of The City's Overall General Fund Revenue For A Specified Period Of Time When There Are Companies Utilizing The Program. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Attorney /Staff, And All eAlert /eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media /Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. This Agenda Item Is Also Available To Any New Individual Requestors. City S'tccff Is Ahvays Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Manager And Community Development Department Are Requesting That The City Commission To Adopt Resolution 2011 -47 Approving The Operational Procedures For The City Of Winter Springs Ad Valorem Tax Exemption Program Which Will Allow The City To Utilize This Economic Development Program As A Business Recruitment And Retention Tool. Mr. Howell began the discussion on this Agenda Item. Tape 2r Side B Continuing his introductory comments, Mr. Howell mentioned that Mr. John M. Jones with Littlejohn Engineering Associates was also available to answer any questions. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR LACEY SUMMARIZED THAT THE MOTION WAS TO "APPROVE RESOLUTION 2011- 47." VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- OCTOBER 10, 2011 PAGE 27 OF 31 REGULAR 602. Information Services Department REQUEST: Requests Authorization To Purchase A Voice Over Internet Protocol Phone System Including All Necessary Equipment And Services To Implement The Phone System In The Amount Of $277,000.00 From The Selected Vendor Veytec And To Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. FISCAL IMPACT: $277,000.00 And Funding Is Available From The Public Building Impact Fee Fund. 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 Ahvays Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Information Services Requests Commission Approve The Purchase Of A New Voice Over IP Phone System From The Recommended Vendor Veytec In The Amount Of $277,000.00 And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. Ms. Joanne Dallca, Director, Information Services Department addressed the City Commission and presented various aspects of this Agenda Item and expected improvements. Mr. Joe Alcala, MCSE, CISSP, IT Coordinator /Security Administrator, Information Services Department commented on the Request for Proposal (RFP) bidders, results, and scoring factors. Remarking on various options Staff was interested in, Mr. Alcala noted, "We looking at various ways to cut that ongoing maintenance down." Furthermore, in commenting on the capabilities of such a system, Mr. Alcala pointed out, "We're not just replacing a phone system, but it's opening a tremendous amount of opportunities for us, to do some really great things within the City to service our citizens and our internal constituents, here within City Hall, if you will." Features of the sN-stems that Staff was looking forward were referenced and ways such a system could assist Staff With better customer service measurement capability; Nvays Staff could now develop a true Call Center, incorporating intelligence into this network system, virtual workforce capability; and other technical options available with such a "Voice over Internet Protocol" (VoIP) telephone system. Manager Smith then commented on new technology options to improve customer service options for our customers. Mr. Shawn Boyle, Director, Finance and Administrative Services Department spoke on customer service issues and how the implementation of this new sN-stem would be a major improvement to customer service practices in many ways, such as improving the perception of how government can help; improving efficiency, and wanting to be able to do more. CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- OCTOBER 10, 2011 PAGE 28 OF 31 Continuing with his comments, Mr. Boyle explained, "We're held captive to a bunch of third party Vendors right now - for our credit card processing, and several other things. One of the things we're looking at doing is bringing that in house, because we can control again the quality of the product; and we can also eliminate some costs by doing that too, so this is another step in that direction." Manager Smith added, "'Costs' is another word for `Convenience Fees' — we're looking to eliminate those." Mr. Boyle then remarked, "Give us the tolls, give us the technology and I promise you — we'll deliver. We will deliver what you guys want us to deliver and we will exceed your expectations." Furthermore, Mr. Boyle noted, "We truly* are excited about this and - the phone system is the key* to starting this whole process off. So, give us an opportunity*. An ROI (Return On Investment), we'll come back and we'll show you the ROI (Return On Investment), both tangible and intangibles on top of it." Commissioner Bonner stated, "I have no question about the feature set or the intent or the end result. Absolutely* spot on, and my compliments to the team in working that direction." Commissioner Bonner then inquired about the Vendor selection process and discussion followed on the RFP's (Request for Proposal) that were submitted. Manager Smith commented on the reality* that often we receive Bids and RFP's (Request for Proposal) that perhaps may not include eveiN thing we requested. Discussion followed with Ms. Dalka who mentioned that the Vendor that Staff is recommending be awarded the Bid, is not in actuality* the highest bidder "Is actually* not, when you're comparing apples to apples." Mr. Alcala noted that one Vendor did not provide the number of handsets requested was roughly* fifty* percent (50 %), and mentioned that a Bid did not include network switches. With such items not included in other submitted RFP's (Request for Proposal), Mr. Alcala explained, "If I have to provide that on my own, I will go out to State Contract, and this is what it is going to cost me. Again, one of the things we wanted to do was eliminate that two (2) Vendor situation where I go to one Vendor here, one Vendor there. If something doesn't work, they're pointing fingers at each other and I'm the one in the middle." Additionally*, Mr. Alcala remarked, "The ironic thing we found out later on, after reviewing everything, Veylec was the only Vendor that actually downloaded the - RFP (Request for Proposal) - again, I think that speaks to — they got our vision of what we are tieing to achieve I think. I think their Bid reflects that. Yes, you look at it and you are going, Joe ( Alcala), they were the most expensive. But again, I think the vision that Shawn (Boyle) has talked about, that we've talked about, that Kevin (Smith) has talked about. I think that Vendor realized it and got it and saw what we were tieing to achieve." Further comments followed on whether VeNlec would be in business, down the road to further assist us "I WILL MAKE A MOTION TO APPROVE." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MANAGER SMITH ASKED IF THE COMMISSION HAD ENOUGH INFORMATION AND WERE COMFORTABLE WITH THE DECISION. COMMISSIONER BONNER STATED, "I AM COMFORTABLE DIRECTIONALLY AND CONCEPTUALLY. I WOULD PERSONALLY LIKE TO SEE THE MULTI -PHASE PLAN AND SORT OF YOUR ROAD MAP OF HOW THIS IS GOING TO STITCH TOGETHER IN ANTICIPATION OF ADDITIONAL SPENDING IN ORDER TO COMPLETE THE PROCESS AND SORT OF THE TIME LINE THAT GOES ALONG WITH THAT AS TO WHEN THE CUSTOMER BENEFITS BEGIN TO BE REALIZED. THIS IS A NECESSARY EVIL AS IT WERE TO REPLACE AN OUTDATED PIECE OF TECHNOLOGY." MANAGER SMITH STATED, "WE WILL DO THAT." CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING— OCTOBER 10, 2011 PAGE 29 OF 31 VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. PUBLIC INPUT Ms. Pam Carroll, 865 Dyson Drive, Winter ,Springs, Florida: commented on Consent Agenda Item "204 ", mentioned that no one from the City had responded to an email that she sent out yesterday related to this Agenda Item, and suggested that the Tuscawilla Lighting and Beautification District Advisor* Committee should have been informed of the process, as they represent the citizens in the Tuscawilla Lighting and Beautification District. Mavor Lacey*, Members of the City Commission, and Manager Smith noted that they never received this email from Ms. Carroll. NOTE: After this meeting, the Information ,Services Department reported that an email from Ms. Carroll had been dropped by an Internet provider due to the excessive size of the email, thus no one in the City received the email. Much discussion. Mavor Lacey* said that he did not think that the financing of this Debt reduction fell under the guidance of the Tuscawilla Lighting and Beautification District Advismy Committee and stated, "I am comfortable with the process." Commissioner Krebs remarked that she agreed with what Mayor Lacey* had said, "We were on a roll with Shawn (Boyle) and Kevin (Smith) doing the best, absolute best job. I am so proud of you guys for what you have done, and continue to do, to bring savings like this and I thought it was really* being welcomed." Ms. Carroll then spoke again about the email she sent and said she would check on what might have happened. Mavor Lacey* added, "Make sure Andrea (Lorenzo- Luaces) is on your list to ensure that we get it." Further comments Ms. Carroll then said, "I commend you on the end result however, the Advisor* Committee is supposed to be the watchdog for the people who pay* that Special Assessment; it's not the whole Citv." Tape 3r Side A With further discussion regarding Ms. Carroll's email, Commissioner Bonner said that we should check into this matter, and Ms. Carroll remarked, "I'll send it again." Commissioner Bonner then stated, "In regard to your comments specifically* about the courtesy* of alerting our citizen advisors, or at least the Chair of that organization to this undertaking, I do concur with your comment." CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING- OCTOBER 10, 2011 PAGE 30 OF 31 Continuing, Commissioner Bonner added that if Staff had contacted the Advisor* Committee, that that would have been a nice courtesy*, but "It was staff responding to a direction. They did follow proper procedure. Thee did do the diligence necessaiv to get us a good deal, and so on." Furthermore, Commissioner Bonner noted, `I certainly* want to make sure we practice the best customer service possible; and in this case, I think that we fell short of our goal in providing good courteous customer service. And, I welcome your comments and I acknowledge what you are sharing with us and we can learn from this experience and do better next time. That doesn't take awaNT from the success of the financial savings that have been awarded to the citizens because the proper diligence did take place." Deputy Mayor Hovey* commented on the timeframe needed to get this rate Ms. Carroll further commented on her concerns and added, "I definitely* applaud the savings that were recognized, and the due diligence." Deputy* Mayor Hovey* further remarked, "We hear your concerns and it will be addressed." Commissioner Krebs added, "I think that the Staff acted totally* appropriately*. I think the problem is here is our Policies probably* don't cover something like that and in fact that is how we operate, this is our standard operating procedure. We make that decision." Continuing, Commissioner Krebs noted, "Never in the past, really*, not only have we not been in this situation, but have we had Policies where we contacted Special Assessment Boards or whatever Board; so, maybe that is something that we could go back and look at." Commissioner Resnick remarked, "I think Staff did exactly* what we asked them to do. So, I think it is unfair to say* Staff did not follow our direction, they* did. We just weren't one hundred percent (100 %) clear." Further comments. Commissioner Brown pointed out, "It was and only is, a courtesy* that was missed. And I don't think it was a ball that dropped. I don't think it was a process not followed." Discussion. Commissioner Bonner mentioned that no Members of the Tuscawilla Lighting and Beautification District Advisory* Committee Meeting had discussed this matter with him; and remarked, "I stand by my statement that we desire to practice excellent customer service and certainly* our volunteer advisors are included in that aspirational goal that I for one, charge the Manager and Staff with, each and every* day.- Mavor Lacey* said, "I want to express that none of this should diminish the feeling of accomplishment that Shawn (BON and Steve (Richart, Urban Beautification Division Services, Community* Development Department) and Kevin (Smith) should feel over pursuing this path and we appreciate them." Manager Smith voiced his concerns on the perception and the many* efforts that Staff was working hard for the citizens in saving money, and commented on his integrity. Commissioner Krebs said to Manager Smith, "That is why- we keep you employed here." Commissioner Brown added, "Yes." Commissioner Krebs then noted, "We just think you do a great job, and we thank you." Commissioner Brown remarked, "Thank you Kevin (Smith). Mavor Lacey* added, "And you hire great people too." Deputy Mayor Hovey* remarked, "Thanks to eveivone!" CITY" OF WINTER SPRINGS, FLORIDA MINUTES CITY" COMMISSION REGULAR MEETING— OCTOBER 10, 2011 PAGE 31 OF 31 ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 8:31 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO- LUACES, MMC CITY CLERK APPROVED: MAYOR CHARLES LACEY NOTE: These Minutes were approved at the 2011 City Commission Regular fleeting. CITY OF WINTER SPRINGS FLORIDA LI ..%., Z 1.— G) U 0 ' Incorporate 1959 . 1`OR,O* . CITY COMMISSION MINUTE S REGULAR MEETING MONDAY, OCTOBER 10, 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 - OCTOBER 10, 2011 PAGE 2 OF 31 CALL TO ORDER The Regular Meeting of Monday, October 10, 2011 of the City Commission was called to Order by Mayor Charles Lacey at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor Charles Lacey, present Deputy Mayor Jean Hovey present Commissioner Rick Brown, present Commissioner Gary Bonner, present Commissioner Cade Resnick, present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance was followed by a moment of silence. REGULAR AGENDA - PART I OF II REGULAR 600. Community Development Department — Arbor Division REQUEST: Requesting That The City Commission Consider The Request Of Ms. Donna Gardinier To Remove One (1) Specimen Live Oak Tree From Her Residence Located At 621 Morgan Street. This Item Was Previously Presented To The City Commission On September 26 2011, However Discussions Were Not Completed Prior To The Commission's Normal Adjournment Pursuant To Their Established Rules. FISCAL IMPACT: If This Request Is Approved, The Applicant Will Pay A $25.00 Arbor Permit Fee And There Will Be Mitigation Requirements In The Form Of Additional Tree Plantings Required As Per The City's Arbor Code. 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 - OCTOBER 10, 2011 PAGE 3 OF 31 RECOMMENDATION: Staff Recommends That The City Commission Deny The Request Of Ms. Donna Gardinier To Remove One (1) Specimen Live Oak Tree From Her Residence Located At 621 Morgan Street. The Tree Is Currently In Good Overall Health And Appears Structurally Sound. Additionally, The Tree Has Not Caused Any Visible Damage To The Driveway Or Surrounding Structures That Could Be Seen During A Normal Arbor Inspection. Staff Could Find No Existing Condition That Rose To The Level Of An Extraordinary Circumstance Or Hardship As Referenced In Section 5 -8(b) Of The Arbor Ordinance. Ms. Stephanie Wolfe, Water Conservation Coordinator, Public Works Department briefly introduced this Agenda Item. As Ms. Gardinier was not present, Mayor Lacey said to the City Commission, "Is there any objection to moving Item `600' back to the Regular Agenda — Part II ?" There were no objections. 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. "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10, 2011 PAGE 4 OF 31 CONSENT AGENDA CONSENT 200. 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. There was no discussion on this Agenda Item. CONSENT 201. Information Services Department REQUEST: Requests Commission Approve Renewal And Payment Of The MUNIS Annual Maintenance And Support Agreement In The Amount Of $61,997.00 And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. FISCAL IMPACT: $61,997.00. This Item Is Budgeted In Information Services Department 1340. 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 - OCTOBER 10, 2011 PAGE 5 OF 31 RECOMMENDATION: Information Services Requests Commission Approve Renewal And Payment Of The MUNIS Annual Maintenance And Support Agreement In The Amount Of $61,997.00 And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. Commissioner Gary Bonner mentioned to City Manager Kevin L. Smith about a previous discussion they had and added, "I just want to once again get your assurance that this will be the last time that we are renewing this agreement with this particular Vendor." Manager Smith responded, "That is the goal. The only thing that would hinder that goal is a delay in implementation of our new software." Manager Smith then commented on Regular Agenda Item "602 ", this Agenda Item, and future plans for improved customer service with new and improved software. Further, Manager Smith remarked, "Essentially, we're just asking to continue this Agreement, but our full intent is to come forward with a recommendation to move away from this current Vendor." Discussion followed on renewal periods, to which Manager Smith said that it was his preference to renew using quarterly time periods; however, the current software Vendor was only offering annual renewals. Continuing, Manager Smith then noted, "So, as we move towards the implementation presumably and hopefully with the new software, if we reach a deadline that would put us into renewal, we're going to have to do something different because I have no desire to renew this software into next year." Mayor Lacey suggested this process be expedited. CONSENT 202. Public Works Department REQUEST: Requesting The City Commission Approve Posted Speed Limits In The Ranchlands. FISCAL IMPACT: The Installation Of Maintenance Of Speed Limit Signs Is Performed In -House And Funded Through Public Works — Roads And Right -Of -Way Maintenance (4412). 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 Approve The Recommended Posted Speed Limits For The Ranchlands. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10, 2011 PAGE 6 OF 31 CONSENT 203. Public Works Department — Stormwater Division REQUEST: Requests The City Commission Approve Task Order #6 To The Engineering Services Agreement With Camp Dresser & McKee Inc. To Provide Professional Engineering Services For Stormwater Improvements To Central Winds Park In The Amount Of $47,985.00. FISCAL IMPACT: The Total Design Fee Is $47,985.00 And The Project Is Funded For FY (Fiscal Year) [20']12 By The Stormwater Fund, Line Code 3800 - 65000. 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 Approve Task Order #6 To The Engineering Services Agreement With Camp Dresser & McKee Inc. In The Amount Of $47,985.00 Funded From The Stormwater Fund ( #3800 - 65000) And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. No discussion. CONSENT 204. Office Of The City Manager And Finance And Administrative Services Department REQUEST: Requesting The Commission Adopt Bond Resolution 2011 -54 To Accept The Proposal By BB &T Bank To Purchase The City's, Not To Exceed $1,800,000.00, Special Assessment (TLBD) [Tuscawilla Lighting And Beautification District] Refunding Note, Series 2011 To Refund All Of The City's Outstanding Special Assessment Revenue Bonds, Series 2001; And Authorize The City Manager And City Attorney To Execute All Necessary Documents To Complete A Loan Agreement With BB &T Bank. FISCAL IMPACT: Upon Acceptance Of The Refinancing Of The Special Assessment (TLBD) [Tuscawilla Lighting And Beautification District] Revenue Bonds, Series 2001 by BB &T Bank The City Will Realize A Net Present Value Savings Of $252,952.00 (Net) (14.3 %) Over The Remaining 18 Years Until Final Maturity Of The BB &T Note On 10/1/2029. This Equates To A Savings For The TLBD [ Tuscawilla Lighting And Beautification District] Of $19,000.00 (Nominal) Annually. This Brings The Total Debt Restructuring Savings To $2,000,000.00 Over The Next 10 To 15 Years. 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 - OCTOBER 10, 2011 PAGE 7 OF 31 This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Manager And Finance Department Recommend That The City Commission Accept The BB &T Proposal To Issue A Bank Note To Refund The Special Assessment (TLBD) [Tuscawilla Lighting And Beautification District] Revenue Bonds, Series 2001 Not To Exceed $1,800,000.00; Adopt Resolution 2011 -54; And To Authorize The City Manager And City Attorney To Complete All Applicable Paperwork Necessary To Complete This Refinancing. There was no discussion on this Agenda Item. CONSENT 205. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The September 26, 2011 City Commission Regular Meeting Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. 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 September 26, 2011 City Commission Regular Meeting Minutes. No discussion. CONSENT 206. Parks And Recreation Department REQUEST: Requests That The City Commission Authorizes The City Manager To Execute The Partnership Agreement Between The City Of Winter Springs And Orlando Sentinel Communications Company. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10, 2011 PAGE 8 OF 31 FISCAL IMPACT: • Staff Is Continuing To Evaluate Options To Lower Expenses And Increase Efficiency Of Operations. • 2011 - 120'112 FY (Fiscal Year) Budget For City Community Events Is $35,000.00. Parks & Recreation Budget For FY (Fiscal Year) [20'112 Community Events Is Projected At $32,000.00. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert /eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media /Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Parks And Recreation Recommends That The City Commission Authorize The City Manager To Execute The Partnership Agreement Between The City And Orlando Sentinel Communications Company For FY (Fiscal Year) [20']12 Only. This Agenda Item was not discussed. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR HOVEY: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Chief Of Police REQUEST: Presenting Various Awards From The Winter Springs Police Department. Chief of Police Kevin Brunelle, Police Department introduced a number of Recognition Awards. First, Chief Brunelle recognized Mr. Anthony Squitieri with a Citizen Recognition Award. Mr. Squitieri accepted his Award. Secondly, Mr. Joseph Gibbs was recognized for his efforts with a Citizen Recognition Award. Although Mr. Gibbs could not attend this City Commission meeting, Mr. Gibbs was honored for his assistance. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10, 2011 PAGE 9 OF 31 Next, Chief Brunelle presented Meritorious Action Awards to the following members of the Winter Springs Police Department: Corporal Paul Stein, Officer Kyle Coffman, Lieutenant Robin Bernosky, Corporal Bernard McPherson, Detective Matt Scovel, Officer Wayne Wagner, and Officer Allison Muniz. Corporal Daniel Accomando was recognized by Chief Brunelle as Officer of the Month for the month of September. Next, Officer Reginald Bethea received acknowledgement as Officer of the Month for the month of August. Murphy's Premium Pet Food received an Award of recognition for their many contributions to the Winter Springs Police Department's Canine Unit. Additionally, Mr. and Mrs. Ed and Nancy Riordan recognized the Mayor and City Commission, Manager Smith, and the Parks and Recreation Department for their assistance and support with the recent tenth Anniversary of September 11, 2001, in the form of a 9 -11 Memorial Ceremony held at City Hall. Mr. and Mrs. Riordan then presented a Flag of Honor Plaque to the City in "Gratitude to the Mayor and the City of Winter Springs for helping to facilitate a community gathering and observance ". Mayor Lacey then presented a Proclamation to Mr. and Mrs. Riordan in honor of the efforts and contributions with the 9 -11 Memorial Ceremony held in the City of Winter Springs. Next, Mayor Lacey said to the City Commission, "Ms. Gardinier is here, may we entertain Item `600' now — if there is no objection ?" Commissioner Rick Brown stated, "No objection." There were no objections voiced. ❖❖ AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS FURTHER ADDRESSED AND VOTED ON, AS DOCUMENTED. ❖ ❖ REGULAR AGENDA - PART I OF II REGULAR 600. Community Development Department — Arbor Division REQUEST: Requesting That The City Commission Consider The Request Of Ms. Donna Gardinier To Remove One (1) Specimen Live Oak Tree From Her Residence Located At 621 Morgan Street. This Item Was Previously Presented To The City Commission On September 26 2011, However Discussions Were Not Completed Prior To The Commission's Normal Adjournment Pursuant To Their Established Rules. FISCAL IMPACT: If This Request Is Approved, The Applicant Will Pay A $25.00 Arbor Permit Fee And There Will Be Mitigation Requirements In The Form Of Additional Tree Plantings Required As Per The City's Arbor Code. 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 - OCTOBER 10, 2011 PAGE 10 OF 31 RECOMMENDATION: Staff Recommends That The City Commission Deny The Request Of Ms. Donna Gardinier To Remove One (1) Specimen Live Oak Tree From Her Residence Located At 621 Morgan Street. The Tree Is Currently In Good Overall Health And Appears Structurally Sound. Additionally, The Tree Has Not Caused Any Visible Damage To The Driveway Or Surrounding Structures That Could Be Seen During A Normal Arbor Inspection. Staff Could Find No Existing Condition That Rose To The Level Of An Extraordinary Circumstance Or Hardship As Referenced In Section 5 -8(b) Of The Arbor Ordinance. Ms. Wolfe gave a brief overview of this Agenda Item to the Mayor and City Commission. Ms. Donna Gardinier, 621 Morgan Street, Winter Springs, Florida: provided some photographs of the tree in question to some of the Commissioners and commented on her concerns. Discussion followed on trimmed trees, storms, and downed trees. Commissioner Bonner mentioned he had driven around the City and noticed there were numerous large overhanging trees on various properties around the City and inquired if Staff knew how many similar situations there were in the City. Ms. Wolfe advised the City Commission that we did not have a Tree Inventory. Further comments. "MOTION WILL BE TO DENY." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR HOVEY: NAY COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager — Kevin L. Smith Manager Smith thanked all for their support of him and his family over the last few weeks. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10, 2011 PAGE 11 OF 31 REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC City Clerk Andrea Lorenzo - Luaces asked when the City Commission would like an Agenda Item on Board of Trustees Appointments, and suggested possibly the first City Commission Regular Meeting in November. Mayor Lacey suggested to the City Commission, "Sooner ?" There were no objections noted. City Clerk Lorenzo - Luaces added, "First meeting in November ?" Mayor Lacey stated, "Yes." Commissioner Joanne M. Krebs said, "That will be fine." No Commissioners voiced any objection. REPORTS 403. Office Of Commissioner Seat Four — The Honorable Cade Resnick Commissioner Cade Resnick mentioned as a follow -up to a previous discussion, he will be representing Winter Springs at the Community Alliance on October 19 2011 and that Deputy Mayor Hovey will be the Alternate. Secondly, Commissioner Resnick commented on remarks made about the City "Being unfair to businesses because we were micromanaging. I do agree with the resident that shared that it and is our responsibility to look into every option possible; and I would like to keep it as my responsibility at least, to make sure that I keep every issue as micromanaged until it is sorted out." REPORTS 404. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs commented on the City Clerk's Annual Evaluation and stated, "I just wanted to thank you Andrea (Lorenzo - Luaces) for putting all of that information together. It was very helpful and it just reiterates to me, how much you do (and your team) and as well as the rest of the City does, - but we are just talking about you now -- and I just appreciate everything you do, and thank you, and we will get together on that." Next, Commissioner Krebs asked if there was a Policy that dealt with copying the City Clerk on correspondence sent to the Mayor and City Commission. Continuing her Report, Commissioner Krebs spoke of forthcoming Policies being decided for the Tri- County League of Cities and that a copy should be coming to the City Commission, possibly in the form of a brochure which will be helpful for those attending Legislative Action Day. Tape 1 /Side B Further, related to legislative matters, Commissioner Krebs mentioned a possible Bill about texting; and that she would keep the Commission informed. REPORTS 405. Office Of The Mayor — The Honorable Charles Lacey No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10, 2011 PAGE 12 OF 31 REPORTS 406. Office Of Commissioner Seat One/Deputy Mayor — The Honorable Jean Hovey Deputy Mayor Hovey noted that she attended the Council of Local Governments in Seminole County (CALNO) meeting last week and noted that Mayor Lacey had been appointed to sit on the Seminole County Public Schools Superintendent Search Committee representing the Council of Local Governments in Seminole County (CALNO) organization. Deputy Mayor Hovey added that she would also be serving on this committee, as the Parent - Teachers Association (PTA) representative and pointed out that as a result of these appointments, "We will have two (2) citizens from Winter Springs, serving on the new Seminole County Public Schools Superintendent [Search Committee]." With additional comments, Deputy Mayor Hovey noted that "There will be two (2) Town Hall meetings in November, one the 8 at Oviedo High School and one, two (2) weeks later at Lake Brantley High School, for public input." Next, Deputy Mayor Hovey then remarked that two (2) weeks ago, Deputy Mayor Hovey was in Tallahassee with the new Commissioner of Education and other educational leaders. On a related note, Deputy Mayor Hovey mentioned that Seminole County Parent - Teachers Association (PTA) has an Advocacy group that has started and are working with the "Stand Up For Seminole County Public Schools" and that there was an event tomorrow between 3:00 — 6:00 p.m., should anyone wish to attend. FOR THE BOARD OF TRUSTEES, "I WOULD LIKE TO SUBMIT MR. (FRANK) MUNDO'S NAME FOR APPOINTMENT." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REPORTS 407. Office Of Commissioner Seat Two — The Honorable Rick Brown Commissioner Brown referenced Consent Agenda Item "204" on tonight's Agenda and stated, "Earlier today, I did send a congratulatory email to he (Manager Smith) and his Staff, and I did copy Andrea (Lorenzo - Luaces) for Public Records purposes, congratulating him for his efforts on Item "204 "; which was the renegotiation of the TLBD (Tuscawilla Lighting and Beautification District) Debt. I think the proactive fiscal actions taken by him, especially in light that just a couple of weeks ago, we had a recommendation to actually increase taxes on the citizens to cover some operational shortfalls. And I think Staff looking forward and being very proactive in taking that and saving the City over a quarter million dollars during the new negotiated term of the Note..." Commissioner Krebs added, "...I agree with you..." Commissioner Brown then said, "...I think is worthy of applause and thank you very much." Commissioner Krebs again stated, "Yes, I agree with you. Thank you." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10, 2011 PAGE 13 OF 31 AS A NOMINATION FOR THE CURRENT SEAT TWO OPENING ON THE CODE ENFORCEMENT BOARD, "MR. GREG ROERO." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REPORTS 408. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Bonner remarked, "I want to echo Commissioner Brown's compliments for the fine work done to reduce our debt and pass those savings on to our citizens, in particular, those who are impacted by the Tuscawilla Lighting and Beautification District." Secondly, Commissioner Bonner noted that he had been advised that the Seminole County U.S. Highway 17/92 Community Redevelopment Agency (CRA) - Redevelopment Planning Agency (RPA) Coordinator was no longer serving in that capacity; and that Commissioner Bonner would keep the Mayor and City Commission apprised of any new developments. Commissioner Bonner added that he did not think this would impact any current projects, but would get with Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department to verify this. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Attorney REQUEST: Requesting The City Commission Consider A Request From The Winter Springs Golf, LLC And Morgran Greens, LLC To Change The Construction Deadline Of The 4th Tennis Court Required By A Previously Approved Settlement Agreement Related To The Proposed Tuscawilla Greens Project, Such That It Corresponds To The Future Membership Level Of The Country Club. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 10, 2011 PAGE 14 OF 31 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. In Addition To The Communications Efforts Listed Above, A Sign Has Been Installed At The Front Of The Development Property Notifying The Public That The Tuscawilla Greens Project Will Be On The October 10, 2011 City Commission Agenda. RECOMMENDATION: Staff Recommends The City Commission Approve The Request By Winter Springs Golf, LLC And Morgran Greens, LLC To Require Winter Springs Golf, LLC To Commence Construction Of The Fourth Tennis Court No Later Than 90 Days After The Tuscawilla Country Club's Membership Level Reaches 550, And Authorize The City Manager And City Attorney To Prepare, Execute, And Record Any And All Applicable Documents Including The Sixth Amendment To The Settlement Agreement Between The City And Winter Springs Golf, LLC Consistent With The Direction Given By The City Commission. City Attorney Anthony A. Garganese began the discussion on this Agenda Item with an overview and how the City Commission wants to address the fourth tennis court issue. With further comments, Attorney Garganese explained, "The proposal is Staff's recommendation is to release the development project site from the fourth tennis court, so the project could proceed through the normal course of events including the issuance of C.O.'s (Certificate of Occupancy) and then separately, modify the Settlement Agreement with the Club to memorialize that the fourth tennis court would be built no later than ninety (90) days after the club membership reaches 550 members or if the Club wished to do it sooner, then they certainly could do that but that would be the deadline for the fourth tennis court." Attorney Garganese noted, "We need to address this fourth tennis court issue first so we know how the other items should be approved." Commissioner Brown stated, "Point of Order" and commented on the public being able to speak. Discussion followed on previous Agreements related to the City's Comprehensive Plan and the City Commission giving direction to private businesses. Attorney Garganese stated that "What Staff is proposing here is to release the development project from this requirement so it could proceed under the normal course. That's one recommendation and then the Club would agree to continue to build that fourth tennis court but when they reach 550 members, which they're still quite a ways from doing." Further discussion followed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10, 2011 PAGE 15 OF 31 Mayor Lacey said, "I think it is an essential part of this that we divide the split responsibility now between the Developer and the Country Club because we have one tied to the other..." Commissioner Krebs added, "...It has changed, yes..." Mayor Lacey continued, "...And so the Agreement that is put forward here tonight, solves that problem, and I think it is essential that we do that." Further, Mayor Lacey also noted his concerns with the City asking private businesses to meet certain guidelines. 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. Discussion followed. Mr. Brian Fields, P.E., City Engineer, Public Works Department stated, "Just to address the Easements in `500.2', we put in - an Easement matrix, a status of the ten (10) Easements that are required and related to this project. Just as a quick summary is that nothing is past due in those Easements, the ones that needed to be Recorded have been. The rest are in various stages of progress. That will come back to the Commission when this project goes to Site acceptance. That is the time that we will present an Agenda Item stating that in order to get on the Agenda, they have to have those Easements completed and recorded to our satisfaction. So, Easements are in progress. Summary is `500.2'." Commissioner Bonner then noted, "I am not seeing or hearing that there are any other open matters to be resolved between either of these parties and the City, on behalf of the citizens ?" Manager Smith responded, "Not that we're aware of Commissioner. No." Commissioner Bonner then mentioned he agreed with Commissioner Brown and Mayor Lacey about their concerns with the City being involved in such business negotiations. Further discussion. Mr. Monte Carmack, General Manager, Tuscawilla Country Club, 1500 Winter Springs Boulevard, Winter Springs, Florida: stated, "One of the things I addressed last week and the only thing that I would say about the number was 550 — but it was Golf and Tennis members because the social members cannot play Golf or Tennis; so that's the only correction I'd want to make. And, that in the letter we sent you, it said 550 Golf and Tennis. In actuality, if we get 550 Golf and Tennis members, we're going to be building a Tennis Court anyway." Commissioner Brown asked, "Would you see it as a good business venture, to provide those memberships, if it wasn't required in the agreement ?" With further comments, Commissioner Brown clarified that his question dealt with, "The requirement to have a Club membership for the people who buy the homes." Mr. Daniel S. Thall, Morgran Management, LLC, 450 North Wymore Road, Winter Park, Florida: remarked, "That is already done. We already have an Agreement. We are paying up front for sixty (60) memberships, twelve (12) full Golf and forty -eight (48) Tennis memberships." Commissioner Brown then inquired, "And that is fine with you, you would do it regardless of it being in the City's Agreement ?" Mr. Thall replied, "Yes." Further comments. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10, 2011 PAGE 16 OF 31 Attorney Garganese remarked, "What we're asking the Commission is to give direction for the fourth tennis court because it is a piece of information that will affect the actual four (4) more items coming up. So, we just need direction on what you want to do with the fourth tennis court. The way the Fifth Amendment to the Settlement Agreement is drafted in your Agenda, it incorporates Staff's recommendation but there would be another Agreement that would have to be entered into with the Club that we would have to prepare; but that's separate and apart from the Development Application that's before you." Next, Attorney Garganese then said, "The Settlement Agreement with the Club — that you could delegate that." Attorney Garganese then said that he and the City Manager would review all the details and complete the Agreement. "I WILL MAKE THE MOTION TO APPROVE STAFF RECOMMENDATION OF ITEM `500' TO PROCEED WITH ALL APPLICABLE DOCUMENTS - WILL BE THE SIXTH AMENDMENT TO THE SETTLEMENT AGREEMENT IF I AM READING THAT CORRECTLY, BETWEEN THE CITY OF WINTER SPRINGS AND THE WINTER SPRINGS GOLF, LLC." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR LACEY SUMMARIZED THE MOTION — "TO APPROVE STAFF RECOMMENDATION FOR ITEM `500' WHICH ESSENTIALLY DELEGATES PREPARATION OF THE SIXTH AMENDMENT TO THE SETTLEMENT AGREEMENT TO TIE THE FOURTH TENNIS COURT TO THE 550 MEMBERSHIP LEVEL IN THE COUNTRY CLUB." COMMISSIONER BROWN STATED, "I JUST WANT TO BE CLEAR FOR THE RECORD. WE HEARD FROM THE DEVELOPER THAT THEY INTENDED TO PURCHASE THE CLUB MEMBERSHIPS REGARDLESS OF WHETHER IT WAS IN THE AGREEMENT OR NOT. I JUST WANT TO MAKE SURE THAT I AM CLEAR WITH THE GENERAL MANAGER, THAT THAT NUMBER THAT THE CITY I BELIEVE WRONGLY HAS IMPOSED INTO THIS CONTRACT, REQUIRING YOU TO BUILD THAT TENNIS COURT. IT IS SOMETHING THAT YOU WOULD DO ANYWAYS AS YOU STATED, WHEN THE NUMBERS CAME TO THAT 550; AND IT BEING IN THE CITY'S REQUIREMENTS, DOESN'T IMPOSE ANY HARDSHIP." FROM HIS SEAT, MR. CARMACK STATED, "THAT WOULD BE CORRECT." COMMISSIONER BROWN ALSO MENTIONED FOR THE RECORD THAT HE DOES NOT SUPPORT GOVERNMENT IMPOSING SUCH REQUIREMENTS. MAYOR LACEY THEN COMMENTED, "THE RECOMMENDATION WAS FOR 550 MEMBERSHIPS. THE GENERAL MANAGER WANTED THAT TO SAY, 550 GOLF AND TENNIS MEMBERSHIPS. DO WE HAVE A DIFFERENCE OF OPINION THERE ?" MANAGER SMITH SAID, "WE HAVE NO DIFFERENCE OF OPINION." DISCUSSION FOLLOWED ON THIS WOULD BE ENFORCED. MAYOR LACEY ADDED, "WHY ARE WE IMPLEMENTING A REQUIREMENT THAT WE HAVE NO INTENTION TO ENFORCE ?" FURTHER COMMENTS. "I WOULD LIKE TO MAKE AN AMENDMENT THAT WE TAKE THAT PIECE OUT — THE 550, TAKE IT OUT - THEY ARE GOING TO DO IT. I BELIEVE HE WILL DO IT. HE IS A BUSINESSMAN AND HE WANTS BUSINESS." AMENDMENT TO THE MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10, 2011 PAGE 17 OF 31 ATTORNEY GARGANESE CLARIFIED, "TAKE THE FOURTH TENNIS COURT OUT OF THE SETTLEMENT AGREEMENT IN ITS ENTIRETY." COMMISSIONER KREBS CONFIRMED HER AMENDMENT AND STATED, "TAKE THE FOURTH TENNIS COURT OUT OF THE SETTLEMENT AGREEMENT ENTIRELY." VOTE: (ON THIS AMENDMENT) DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. ATTORNEY GARGANESE THEN RECOMMENDED, "SINCE THE DEVELOPMENT PROJECT SITE IS NO LONGER OWNED BY THE CLUB, THERE ARE STILL EASEMENTS THAT ARE REQUIRED TO COMPLETE THE PROJECT. THOSE EASEMENTS MUST BE GRANTED BY THE CLUB. IF THE COMMISSION IS INCLINED TO RELEASE THE FOURTH TENNIS COURT, I WOULD SUGGEST THAT AS A CONDITION OF RELEASING IT, THAT YOU GET THE NECESSARY EASEMENTS FOR THIS DEVELOPMENT PROJECT." ATTORNEY GARGANESE SAID, "IT DOESN'T NEED TO BE INCLUDED INTO THE SETTLEMENT AGREEMENT. THERE ARE JUST EASEMENTS THAT NEED TO BE GRANTED. I HAVE NO DOUBT THAT THOSE EASEMENTS ARE GOING TO BE GRANTED BASED ON MY DISCUSSIONS WITH THE REPRESENTATIVES OF THE CLUB AND THE DEVELOPER. IT IS A LOOSE END. IF YOU'RE GOING TO BE PROVIDING SOME BENEFIT TO THE CLUB BY RELEASING THE FOURTH TENNIS COURT, I WOULD SUGGEST THAT YOU WANT TO MAKE SURE YOU GET THOSE EASEMENTS TO THIS PROJECT, AND I BET THE DEVELOPER WANTS TO ENSURE THE SAME." WITH FURTHER COMMENTS, ATTORNEY GARGANESE NOTED, "IT'S GOING TO BE AN AMENDMENT TO THE SETTLEMENT AGREEMENT TO RELEASE THE CLUB OF THE TENNIS COURT - IT DOESN'T ADDRESS THE EASEMENTS." MOTION TO AMEND THE MAIN MOTION BY COMMISSIONER KREBS WHO STATED, "I WOULD MAKE THAT A CONDITION - IN THE MAIN MOTION THOUGH, TO INCLUDE THE EASEMENTS AS DESCRIBED BY THE ATTORNEY." AMENDMENT TO THE MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BONNER. DISCUSSION. VOTE: (ON THIS AMENDMENT) COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. RELATED TO THE PROCESS, ATTORNEY GARGANESE EXPLAINED, "THE PROJECT WILL GO FORWARD. THE EASEMENTS WILL BE GRANTED, CONVEYED TO THE CITY. ONCE WE RECEIVE THOSE EASEMENTS, THE MANAGER AND I WILL PRESENT TO THE CLUB A SIXTH AMENDMENT TO THE SETTLEMENT AGREEMENT THAT RELEASES THEM OF THE FOURTH TENNIS COURT." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — OCTOBER 10, 2011 PAGE 18 OF 31 MAYOR LACEY ADDED, "THE MOTION BEFORE US IS TO APPROVE STAFF TO DO JUST AS THE ATTORNEY DESCRIBED." COMMISSIONER KREBS ADDED, "YES." VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. Tape 2 /Side A PUBLIC HEARINGS 500.1 Office Of The City Attorney REQUEST: Requesting Approval Of A Fifth Modification Of The Settlement Agreement Between The City And The Tuscawilla Country Club To Facilitate Development Of A Portion Of Parcel 7 As Townhome Property By The New Property Owner, Morgran Greens, LLC. 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. In Addition To The Communications Efforts Listed Above, A Sign Has Been Installed At The Front Of The Development Property Notifying The Public That The Tuscawilla Greens Project Will Be On The October 10, 2011 City Commission Agenda. RECOMMENDATION: Staff Recommends The City Commission Approve The Fifth Amendment To The Settlement Agreement As Recommended By Staff And Subject To The Tuscawilla Country Club Executing An Amendment To The Settlement Agreement Incorporating The Tennis Court Deadline Directed By The City Commission Under Item 500. Alternatively, Staff Recommends The City Commission Approve The Fifth Amendment To The Settlement Agreement Incorporating Any Contrary Direction Provided By The City Commission Under Item 500 And This Item. Attorney Garganese introduced this Agenda Item for discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10, 2011 PAGE 19 OF 31 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 THE FIFTH MODIFICATION TO THE SETTLEMENT AGREEMENT AS MODIFIED BY OUR DIRECTION IN ITEM `500'." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 500.2 Community Development Department — Planning Division REQUEST: Requests That The City Commission Consider Approval Of: 1) A Modification To The Tuscawilla Greens Preliminary /Final Engineering Plan To Permit The Construction Of 60 Townhome Units; And,2) The Amended Development Agreement For Tuscawilla Greens, An 11.45 Acre Development Site Located On The South Side Of Winter Springs Boulevard, East Of The Tuscawilla Country Club Which Was Approved For The Construction Of 60 Condominium Units In 2008. FISCAL IMPACT: The Potential Tax Revenue Of The Proposed Project Is Estimated As Follows: Townhomes (60 Units) Units (1,800 Square Foot Average) Assessed At $90.00 /Square Foot: $9,720,000.00 Assessed Tax Value (1,800 x 90 = 162,000 x 60 Units = $9,720,000.00) $9,720,000.00/1000 = $9,720.00 $9,720 x (2.5814) = $25,091.21 $25,091.21 (Less The 4% Statutory Discount) = $24,087.56 Tax Revenue City Of Winter Springs Taxes Paid On Vacant Land Now (Data Obtained From Seminole County Property Appraiser): $3,097.68 $3,097.68 Tax Revenue Total Potential Tax Revenue: $27,185.24 COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To Applicable City Staff, eAlert /eCitizen Recipients, Media /Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10, 2011 PAGE 20 OF 31 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 And Zoning Board Recommend That The City Commission Act On The Requests For The Tuscawilla Greens Project As Follows: 1) Approve The Modified Preliminary /Final Engineering Plans To Accommodate The Proposed townhome Development; And, 2) Approve The Amended Development Agreement And Authorize The City Manager And City Attorney To Finalize The Document For Execution And Recordation. Mr. Fields gave a brief summary of this Agenda Item and remarked, "The only new information in the Agenda Item is the Easement matrix I spoke about before. Those Easements need to be in place before we can accept the site and before Certificates of Occupancy can be given; so as a minimum, those Easements need to be in place before that time." Discussion. Commissioner Bonner said to Mr. Fields, "My concern is, by granting Engineering, the Developer could move ahead and do what the Developer can do, prior to those Easements being available. That would alter the property from its current status and in the event that the Easements were not received, the project would not be able to proceed to conclusion while that matter was resolved. So, the community would be impacted potentially by a change in the status quo for the property because some activity had transpired in anticipation of the awarding of the Easements." Mr. Fields remarked, "The approach to the Easements is no different here, than we've done on other projects — is that they design the site. There are water mains, walls, fences, drainage pipes that need to be in Easements, that infrastructure gets built and then they record the Easements over the built infrastructure. Before we allow them to occupy units, those Easements have to be in place. So, the process here is the same as we have for other projects. The only difference here is that some of those Easements are being dedicated by the Country Club because they're on Country Club property." Additionally, Mr. Fields suggested, "I don't think we have any problem as long as we proceed with the direction that the Commission just gave to have some leverage over the Country Club to have them execute these Easement agreements." Discussion followed on avoiding eyesores, the timing of the Easements, the process, the order of work to be done, different possible scenarios, the number of Easements and the related status of the Easements. Mr. Fields noted, "Probably at the next Meeting, they will be coming in with their Final Plat and with that Plat, in order to record it, they will need to post a Letter of Credit, which they don't have today." Furthermore, Mr. Fields explained that the Letter of Credit is "To restore the site. However, if the Easements were very much a concern, you could make that a condition of Approval of the Final Engineering such that we would verify that they are in place before doing any additional work." Further discussion. Mr. Thall commented about normal processes. Attorney Garganese remarked, "The Easement issue has been pending for several years now. They need to be completed, at least with respect to the Emergency Ingress /Egress Easement; we have the Drainage Easements for ponds that have already been completed, that includes Ingress /Egress for the City across the 10` Fairway, all of those Easements were worked out and provided, and we never received them after Commission Approval." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10, 2011 PAGE 21 OF 31 Furthermore, Attorney Garganese pointed out, "These Easements need to be granted and if it takes them granting the Easements before they can proceed with work, pursuant to the Engineering, I think that's reasonable under the circumstances of this particular Development project." Commissioner Bonner remarked about the high visibility of this area; and comments followed on being reasonable. Commissioner Brown then noted, "I don't think it is an unreasonable request to make sure that once that starts moving forward, it moves forward to completion." Mr. Thall stated, "I think we would be happier if you have to tie the requirement to something, to tie it to vertical construction. Anything that we would do between now and vertical construction would only be an improvement. The things that are left on the site work are the perimeter fence, sign monument. I mean these are all things that will only go to improve the property. So, if this is a decision of the Commission, to hold this, even though that's not the policy that I was told was in place, it would seem less damaging to us at least if we could do some of the things that need to be done and mostly, our concern is to secure the site." Discussion followed on Winter Springs' image with business, stressing that Winter Springs becomes more business friendly, and the process for this project. Mayor Lacey opened the "Public Input " portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input " portion of the Agenda Item. "I AM GOING TO GO AHEAD AND MOTION `500.2' TO BE - APPROVED, CONTINGENT UPON THE RESOLUTION OF THE OUTSTANDING EASEMENTS." MOTION BY COMMISSIONER BONNER. SECONDED BY DEPUTY MAYOR HOVEY. DISCUSSION. COMMISSIONER BONNER ADDED, "AS THE APPLICANT REQUESTED AND STAFF WAS OKAY, MEANING VERTICAL IMPROVEMENT." VOTE: COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Attorney Garganese commented, "Point of Clarification on 500.2', that also included the Development Agreement which was item number 2), within `500.2' There wasn't any discussion about that, other than I noted that whatever the condition was should be incorporated into the Development Agreement." Commissioner Bonner said, "That was the intent, yes." Mayor Lacey summarized, "For the Record, that is what the Motion included, items 1) and 2) of `500.2'." PUBLIC HEARINGS 500.3 Community Development Department — Planning Division REQUEST: Requests That The City Commission Hold A Public Hearing To Consider The Aesthetic Review For The Proposed Tuscawilla Greens Project, A 60 -Unit Townhome Development. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10, 2011 PAGE 22 OF 31 FISCAL IMPACT: The Potential Tax Revenue Of The Proposed Project Is Estimated As Follows: Townhomes (60 Units) Units (1,800 Square Foot Average) Assessed At $90.00 /Square Foot: $9,720,000.00 Assessed Tax Value (1,800 x 90 = 162,000 x 60 Units = $9,720,000.00) $9,720,000.00/1000 = $9,720.00 $9,720 x (2.5814) = $25,091.21 $25,091.21 (Less The 4% Statutory Discount) = $24,087.56 Tax Revenue City Of Winter Springs Taxes Paid On Vacant Land Now (Data Obtained From Seminole County Property Appraiser): $3,097.68 $3,097.68 Tax Revenue Total Potential Tax Revenue: $27,185.24 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 And Zoning Board Recommend That The City Commission Approve The Aesthetic Review Package For The Tuscawilla Greens Townhome Development. Mr. Bobby Howell, AICP, Planner, Community Development Department introduced his Agenda Item for discussion, Further discussion followed on the parking dilemmas, visitor parking, and holiday parking. Mr. Fields also spoke on parking and added, "Here, there would be no visitor parking lot. It's something we discussed in review. It's something that we recommended. We cannot require it by Code right now." In regards to extra parking, Commissioner Krebs noted, "There are times where it is possible to create a project that has that extra — that wasn't the case here." Commissioner Resnick inquired, "Where do visitors go ?" Mr. Fields responded, "The lack of visitor parking was a concern. It was relayed to the original Developer. It was discussed at length in that original development. We relayed that to the new Developer. Their plan here is an improvement in the parking, still not providing off site, or on site visitor parking away from someone's driveway; however, they do have more parking available in the driveway in these units, than they had in the condominium units." Mayor Lacey opened the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10, 2011 PAGE 23 OF 31 No one spoke. Mayor Lacey closed the "Public Input" portion of the Agenda Item. "I WILL MAKE THE MOTION TO APPROVE THE AESTHETIC REVIEW." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Not Used PUBLIC HEARINGS 502. Community Development Department — Planning Division REQUEST: Requests That The City Commission Review And Adopt On Second Reading Ordinance 2011- 08, Which Revises The Regulatory Language For Home Occupations And Home Offices, In The City's Code Of Ordinances. FISCAL IMPACT: While There Is No Immediately Measurable Fiscal Impact Associated With This Ordinance, The Intent Is To Create A More Predictable And Defined Framework Within Which Home - Based Businesses Can Be Fostered And Become Viable Within The Residential Portions Of The City Without Becoming A Potential Nuisance To The Neighborhood. 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. Staff Has Consulted With Several Concerned Citizens Relative To The Final Draft Of The Ordinance And Believes Their Concerns Have Been Addressed In The Final Draft Attached To This Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10, 2011 PAGE 24 OF 31 RECOMMENDATION: Staff And The Planning And Zoning Board Recommend That The City Commission Approve Second Reading And Adoption Of Ordinance 2011 -08, Which Revises The Regulatory Language For Home Occupations And Home Offices, In The City's Code Of Ordinances. Attorney Garganese read Ordinance 2011 -08 by "Title" only and stated, "There were a few changes that were made between First and this Second Reading. Some of the changes were wordsmithing, but I did want to point out the more significant change on Page 4 of 7, (a) 5., where we added the sentence, `Commercial vehicles shall be regulated pursuant to section 20 -431 et. seq. of the City Code.' That was a primary concern of the Commission, to make sure that this Ordinance did not make affect the Commercial Vehicle Ordinance that you all passed, so that's been incorporated into the Ordinance." Mr. Howell then commented 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. Much discussion ensued on comments from a citizen related to the thirty percent (30 %) of a home to possibly be used for a home based business, and was this too broad; along with the number of visitors - as possible issues to consider. "MOTION TO APPROVE (ORDINANCE 2011 -08)." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mayor Lacey said, "Ms. (Terry) Scarlata did ask that her letter be placed in the public record. Andrea (Lorenzo- Luaces) has a copy and it will be so placed." PUBLIC HEARINGS 503. Office Of The City Manager And Community Development Department REQUEST: Request That The City Commission Review And Adopt On Second Reading Ordinance 2011- 14, Which Establishes The Jobs Growth Incentive (JGI) Program, An Economic Development Cash Incentive Program To Entice Relocating Or Expanding Businesses That Are Considered Targeted Industries That Create Qualifying Jobs Within The City. FISCAL IMPACT: There Is No Immediate Fiscal Impact Associated With This Agenda Item. However, The City Has Allocated Certain General Fund Revenues As A Mechanism To Fund The JGI Program. As Stated Above, The Commission Will Review And Decide On Funding On A Case -By -Case Basis. Part Of The Commission's Consideration Of Each Application Will Be The Return On Investment Period. The Commission Will Consider The Anticipated Ad- Valorem Taxes To Be Generated By The Project And The Anticipated Time Period For Said Ad- Valorem Taxes To Equal And Exceed The Award Amount As Well As The Overall Economic Impact Of The Project Upon The Local Economy. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10, 2011 PAGE 25 OF 31 COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Attorney /Staff, And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above, And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To Applicable City Staff, eAlert /eCitizen Recipients, Media /Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations /Representatives On File With The City, And All Individuals Who Have Requested Such Information. This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional Copies Available For The General Public, And Posted At Five (5) Different Locations Around The City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Manager And Community Development Department Recommend That The City Commission Approve Second Reading And Adoption Of Ordinance 2011 -14, Which Establishes The Jobs Growth Incentive (JGI) Program Which Will Allow The City To Utilize This Economic Development Program As A Business Recruitment Tool And Move The Ordinance Forward To Second Reading. Attorney Garganese read Ordinance 2011 -14 by "Title" only; and remarked, "We incorporated on Page 3 of 7, the new information regarding average wages in Seminole County and that information can just be updated from year to year as new information becomes available without the necessity of adopting a new Ordinance." Mr. Howell referenced a replacement Page 6 of the Agenda Item which replaced a typo in Staff's Recommendation. 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 (ORDINANCE 2011 -14)." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. REGULAR AGENDA - PART II OF II REGULAR 601. Office Of The City Manager And Community Development Department REQUEST: Request That The City Commission Review And Adopt Resolution 2011 -47 Approving The Operational Procedures For Administering The Ad Valorem Tax Exemption Program, Which Was Approved By The City's Electorate By Referendum On November 2, 2010. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -- OCTOBER 10, 2011 PAGE 26 OF 31 FISCAL IMPACT: There Is No Immediate Fiscal Impact Associated With This Agenda Item. The Way This Program Is Structured No Money Is Exchanged. As Part Of The Evaluation Of The Application, The City Manager, Or The Manager's Designee, Will Prepare An Economic Impact Report That Will Identify The Economic Impact Associated With The Operation Of The Applicant's Facility And The Potential Cost To The City (Reduced Ad Valorem Revenue) Regarding The Proposed Exemption. This Economic Impact Report Will Be Performed On A Case -By -Case Basis And Will Assess, Among Other Factors, The Secondary Economic Benefits Of The Company's Relocation To Or Expansion In Winter Springs. Exemptions From Ad Valorem Taxes Will Forego A Portion Of The City's Overall General Fund Revenue For A Specified Period Of Time When There Are Companies Utilizing The Program. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Attorney /Staff, And All eAlert/eCitizen Recipients; And Is Available On The City's Website, LaserFiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, LaserFiche, And The City's Server; Has Been Sent To City Staff, Media /Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: The City Manager And Community Development Department Are Requesting That The City Commission To Adopt Resolution 2011 -47 Approving The Operational Procedures For The City Of Winter Springs Ad Valorem Tax Exemption Program Which Will Allow The City To Utilize This Economic Development Program As A Business Recruitment And Retention Tool. Mr. Howell began the discussion on this Agenda Item. Tape 2 /Side B Continuing his introductory comments, Mr. Howell mentioned that Mr. John M. Jones with Littlejohn Engineering Associates was also available to answer any questions. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR LACEY SUMMARIZED THAT THE MOTION WAS TO "APPROVE RESOLUTION 2011- 47." VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10, 2011 PAGE 27 OF 31 REGULAR 602. Information Services Department REQUEST: Requests Authorization To Purchase A Voice Over Internet Protocol Phone System Including All Necessary Equipment And Services To Implement The Phone System In The Amount Of $277,000.00 From The Selected Vendor Veytec And To Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. FISCAL IMPACT: $277,000.00 And Funding Is Available From The Public Building Impact Fee Fund. 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: Information Services Requests Commission Approve The Purchase Of A New Voice Over IP Phone System From The Recommended Vendor Veytec In The Amount Of $277,000.00 And Authorize The City Manager And City Attorney To Prepare And Execute Any And All Applicable Documents. Ms. Joanne Dalka, Director, Information Services Department addressed the City Commission and presented various aspects of this Agenda Item and expected improvements. Mr. Joe Alcala, MCSE, CISSP, IT Coordinator /Security Administrator, Information Services Department commented on the Request for Proposal (RFP) bidders, results, and scoring factors. Remarking on various options Staff was interested in, Mr. Alcala noted, "We looking at various ways to cut that ongoing maintenance down." Furthermore, in commenting on the capabilities of such a system, Mr. Alcala pointed out, "We're not just replacing a phone system, but it's opening a tremendous amount of opportunities for us, to do some really great things within the City to service our citizens and our internal constituents, here within City Hall, if you will." Features of the systems that Staff was looking forward were referenced and ways such a system could assist Staff with better customer service measurement capability; ways Staff could now develop a true Call Center, incorporating intelligence into this network system; virtual workforce capability; and other technical options available with such a "Voice over Internet Protocol" (Vol?) telephone system. Manager Smith then commented on new technology options to improve customer service options for our customers. Mr. Shawn Boyle, Director, Finance and Administrative Services Department spoke on customer service issues and how the implementation of this new system would be a major improvement to customer service practices in many ways, such as improving the perception of how government can help; improving efficiency; and wanting to be able to do more. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10, 2011 PAGE 28 OF 31 Continuing with his comments, Mr. Boyle explained, "We're held captive to a bunch of third party Vendors right now - for our credit card processing, and several other things. One of the things we're looking at doing is bringing that in house, because we can control again the quality of the product; and we can also eliminate some costs by doing that too, so this is another step in that direction." Manager Smith added, 'Costs' is another word for `Convenience Fees' — we're looking to eliminate those." Mr. Boyle then remarked, "Give us the tolls, give us the technology and I promise you — we'll deliver. We will deliver what you guys want us to deliver and we will exceed your expectations." Furthermore, Mr. Boyle noted, "We truly are excited about this and - the phone system is the key to starting this whole process off. So, give us an opportunity. An ROI (Return On Investment), we'll come back and we'll show you the ROI (Return On Investment), both tangible and intangibles on top of it." Commissioner Bonner stated, "I have no question about the feature set or the intent or the end result. Absolutely spot on, and my compliments to the team in working that direction." Commissioner Bonner then inquired about the Vendor selection process and discussion followed on the RFP's (Request for Proposal) that were submitted. Manager Smith commented on the reality that often we receive Bids and RFP's (Request for Proposal) that perhaps may not include everything we requested. Discussion followed with Ms. Dalka who mentioned that the Vendor that Staff is recommending be awarded the Bid, is not in actuality the highest bidder "Is actually not, when you're comparing apples to apples." Mr. Alcala noted that one Vendor did not provide the number of handsets requested was roughly fifty percent (50 %), and mentioned that a Bid did not include network switches. With such items not included in other submitted RFP's (Request for Proposal), Mr. Alcala explained, "If I have to provide that on my own, I will go out to State Contract, and this is what it is going to cost me. Again, one of the things we wanted to do was eliminate that two (2) Vendor situation where I go to one Vendor here, one Vendor there. If something doesn't work, they're pointing fingers at each other and I'm the one in the middle." Additionally, Mr. Alcala remarked, "The ironic thing we found out later on, after reviewing everything, Veytec was the only Vendor that actually downloaded the - RFP (Request for Proposal) - again, I think that speaks to — they got our vision of what we are trying to achieve I think. I think their Bid reflects that. Yes, you look at it and you are going, Joe (Alcala), they were the most expensive. But again, I think the vision that Shawn (Boyle) has talked about, that we've talked about, that Kevin (Smith) has talked about. I think that Vendor realized it and got it and saw what we were trying to achieve." Further comments followed on whether Veytec would be in business, down the road to further assist us. "I WILL MAKE A MOTION TO APPROVE." MOTION BY DEPUTY MAYOR HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MANAGER SMITH ASKED IF THE COMMISSION HAD ENOUGH INFORMATION AND WERE COMFORTABLE WITH THE DECISION. COMMISSIONER BONNER STATED, "I AM COMFORTABLE DIRECTIONALLY AND CONCEPTUALLY. I WOULD PERSONALLY LIKE TO SEE THE MULTI -PHASE PLAN AND SORT OF YOUR ROAD MAP OF HOW THIS IS GOING TO STITCH TOGETHER IN ANTICIPATION OF ADDITIONAL SPENDING IN ORDER TO COMPLETE THE PROCESS AND SORT OF THE TIME LINE THAT GOES ALONG WITH THAT AS TO WHEN THE CUSTOMER BENEFITS BEGIN TO BE REALIZED. THIS IS A NECESSARY EVIL AS IT WERE TO REPLACE AN OUTDATED PIECE OF TECHNOLOGY." MANAGER SMITH STATED, "WE WILL DO THAT." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10, 2011 PAGE 29 OF 31 VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. PUBLIC INPUT Ms. Pam Carroll, 865 Dyson Drive, Winter Springs, Florida: commented on Consent Agenda Item "204 ", mentioned that no one from the City had responded to an email that she sent out yesterday related to this Agenda Item, and suggested that the Tuscawilla Lighting and Beautification District Advisory Committee should have been informed of the process, as they represent the citizens in the Tuscawilla Lighting and Beautification District. Mayor Lacey, Members of the City Commission, and Manager Smith noted that they never received this email from Ms. Carroll. NOTE: After this meeting, the Information Services Department reported that an email from Ms. Carroll had been dropped by an Internet provider due to the excessive size of the email, thus no one in the City received the email. Much discussion. Mayor Lacey said that he did not think that the financing of this Debt reduction fell under the guidance of the Tuscawilla Lighting and Beautification District Advisory Committee and stated, "I am comfortable with the process." Commissioner Krebs remarked that she agreed with what Mayor Lacey had said, "We were on a roll with Shawn (Boyle) and Kevin (Smith) doing the best, absolute best job. I am so proud of you guys for what you have done, and continue to do, to bring savings like this and I thought it was really being welcomed." Ms. Carroll then spoke again about the email she sent and said she would check on what might have happened. Mayor Lacey added, "Make sure Andrea (Lorenzo - Luaces) is on your list to ensure that we get it." Further comments. Ms. Carroll then said, "I commend you on the end result however, the Advisory Committee is supposed to be the watchdog for the people who pay that Special Assessment; it's not the whole City." Tape 3 /Side A With further discussion regarding Ms. Carroll's email, Commissioner Bonner said that we should check into this matter, and Ms. Carroll remarked, "I'll send it again." Commissioner Bonner then stated, "In regard to your comments specifically about the courtesy of alerting our citizen advisors, or at least the Chair of that organization to this undertaking, I do concur with your comment." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10, 2011 PAGE 30 OF 31 Continuing, Commissioner Bonner added that if Staff had contacted the Advisory Committee, that that would have been a nice courtesy, but "It was staff responding to a direction. They did follow proper procedure. They did do the diligence necessary to get us a good deal, and so on." Furthermore, Commissioner Bonner noted, `I certainly want to make sure we practice the best customer service possible; and in this case, I think that we fell short of our goal in providing good courteous customer service. And, I welcome your comments and I acknowledge what you are sharing with us and we can learn from this experience and do better next time. That doesn't take away from the success of the financial savings that have been awarded to the citizens because the proper diligence did take place." Deputy Mayor Hovey commented on the timeframe needed to get this rate. Ms. Carroll further commented on her concerns and added, "I definitely applaud the savings that were recognized, and the due diligence." Deputy Mayor Hovey further remarked, "We hear your concerns and it will be addressed." Commissioner Krebs added, "I think that the Staff acted totally appropriately. I think the problem is here is our Policies probably don't cover something like that and in fact that is how we operate, this is our standard operating procedure. We make that decision." Continuing, Commissioner Krebs noted, "Never in the past, really, not only have we not been in this situation, but have we had Policies where we contacted Special Assessment Boards or whatever Board; so, maybe that is something that we could go back and look at." Commissioner Resnick remarked, "I think Staff did exactly what we asked them to do. So, I think it is unfair to say Staff did not follow our direction, they did. We just weren't one hundred percent (100 %) clear." Further comments. Commissioner Brown pointed out, "It was and only is, a courtesy that was missed. And I don't think it was a ball that dropped. I don't think it was a process not followed." Discussion. Commissioner Bonner mentioned that no Members of the Tuscawilla Lighting and Beautification District Advisory Committee Meeting had discussed this matter with him; and remarked, "I stand by my statement that we desire to practice excellent customer service and certainly our volunteer advisors are included in that aspirational goal that I for one, charge the Manager and Staff with, each and every day." Mayor Lacey said, "I want to express that none of this should diminish the feeling of accomplishment that Shawn (Boyle) and Steve (Richart, Urban Beautification Division Services, Community Development Department) and Kevin (Smith) should feel over pursuing this path and we appreciate them." Manager Smith voiced his concerns on the perception and the many efforts that Staff was working hard for the citizens in saving money, and commented on his integrity. Commissioner Krebs said to Manager Smith, "That is why we keep you employed here." Commissioner Brown added, "Yes." Commissioner Krebs then noted, "We just think you do a great job, and we thank you." Commissioner Brown remarked, "Thank you Kevin (Smith). Mayor Lacey added, "And you hire great people too." Deputy Mayor Hovey remarked, "Thanks to everyone!" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — OCTOBER 10, 2011 PAGE 31 OF 31 ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 8:31 p.m. RESPECTFULLY SUBMITTED: • R ITVv ORENZO - LUACES, MMC CITY CL RK APPROVED: 1bI C "I P • Y • NOTE: These Minutes were approved at the October 24, 2011 City Commission Regular Meeting.