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HomeMy WebLinkAbout2012 01 09 City Commission Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES REGULAR MEETING MONDAY, JANUARY 9, 2012 - 5:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Gary Bonner - Seat Three Commissioner Jean Hovey - Seat One Commissioner Rick Brown - Seat Two Commissioner Cade Resnick - Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 9, 2012 PAGE 2 OF 19 CALL TO ORDER The Regular Meeting of Monday, January 9, 2012 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 Gary Bonner, present Commissioner Jean Hovey, present Commissioner Rick Brown, present Commissioner Cade Resnick, present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present City Clerk Andrea Lorenzo-Luaces, present A moment of silence was held, followed by the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department REQUEST: Community Development Department is 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: Staff requests the City Commission receive and review the information provided in this Agenda Item. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 9, 2012 PAGE 3 OF 19 MOTION TO APPROVE INFORMATIONAL AGENDA. MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR BONNER. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CONSENT AGENDA CONSENT 200. Information Services Department REQUEST: The Information Services Department 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: Staff recommends that the City Commission approve the disposition of the attached list of surplus assets. No discussion. CONSENT 201. Office Of The City Manager And Finance and Administrative Services Department REQUEST: The City Manager and Finance and Administrative Services Department are requesting that the Commission consider adoption of Resolution 2012-03 supporting The Florida League of Cities' initiative regarding Police Officers' and Firefighters' disability presumption reforms. FISCAL IMPACT: The fiscal impact of the resolution is not measurable in aggregate dollar savings at this time. The intent is to address escalating pension costs and endeavor to make these pension plans more sustainable. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 9, 2012 PAGE 4 OF 19 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. Upon adoption by the Commission, a copy of Resolution 2012-03 will be forwarded to the related Bill Sponsors in the Florida House and Senate and to Allison Payne with the Florida League of Cities. RECOMMENDATION: City Manager and Director of Finance and Administrative Services recommend that the Commission adopt Resolution 2012-03 in support of the League of Cities' initiative. There was no discussion on this Agenda Item. CONSENT 202. Public Works Department REQUEST: The Public Works Department requesting authorization to enter into a contract agreement with Central Florida Environmental Corporation for construction of Michael Blake Boulevard from S.R. 434 to the Cross -Seminole Trail (ITB# 002/12BF) in the amount of $254,579.00 FISCAL IMPACT: The project cost is $254,579.00 plus a 10% contingency, for a total of $280,036.90, funded by the Road Improvement Fund (One -Cent Sales Tax), line code 115-65000-30055. 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 - JANUARY 9, 2012 PAGE 5 OF 19 RECOMMENDATION: Staff recommends the City Commission approve the award of Michael Blake Boulevard to the low bidder, CFE Corporation, in the amount of $254,579.00 plus a 10% contingency, funded by the Road Improvement Fund (One -Cent Sales Tax), and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. No discussion. CONSENT 203. Utility Department REQUEST: The Utility Department is requesting authorization to procure the services of Reynolds Inliner, LLC to perform Sanitary Sewer Line Rehab Work by Piggybacking off of the City of Orlando Contract for Cured - in -Place Pipe rehabilitation. FISCAL IMPACT: The Utility Department has budgeted $200,000 in the Renewal and Replacement Fund for sewer and manhole relining for FY 2012. The project cost of $189,155.00 will be paid from this fund. Funds will be expended over the next 120 days. 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, residents in the affected areas will be notified prior to the work being performed. RECOMMENDATION: It is recommended that authorization be granted to piggyback off of the City of Orlando Contract No. BI09-2570 with Reynolds Inliner, LLC for the rehabilitation of sanitary sewer lines and manhole reconstruction at a cost of $189,155.00 plus a 5% contingency payable from the Utility Renewal and Replacement line code (3610-65000-30030). This Agenda Item was not discussed. CONSENT 204. Office of the City Clerk REQUEST: Requesting the City Commission Approve the Monday, December 12, 2011 City Commission Regular Meeting Minutes. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 9, 2012 PAGE 6 OF 19 FISCAL IMPACT: There is no specific Fiscal Impact to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Commission is respectfully requested to Approve the December 12, 2011 City Commission Regular Meeting Minutes. No discussion. CONSENT 205. Police Department REQUEST: The Police Department requests the Commission approve the expenditure of $35,011.96 for the purchase of one (1) police mobile and eight (8) portable radios. This purchase will be completed through the city's purchasing policy using a piggyback on the current Seminole County contract #SS-601200-11BJC. FISCAL IMPACT: The Police Department has budgeted funds for the purchase of these radios in FY12 in the capital equipment expense (line code 64000) throughout the police department's various bureaus. The total purchase is $35,011.96. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: It is recommended that authorization be granted to piggyback off of Seminole Contract #SS-601200- 11BJC with Motorola for the purchase of radio equipment at a cost of $35,011.96. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 9, 2012 PAGE 7 OF 19 MOTION TO APPROVE CONSENT AGENDA. MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The City Manager And Office Of The Parks And Recreation Department Director REQUEST: Presenting to the Mayor and City Commission the Parks and Recreation Department "Employee of the Year"; and the Parks and Recreation Department "Employee of the Month" winners. Mr. Chris Caldwell, Director, Parks and Recreation Department gave a brief overview and commented on previous Department winners, and then announced that Ms. Sherry Norman had been selected as the "Employee of the Year" for the Parks and Recreation Department. AWARDS AND PRESENTATIONS 301. Office Of The City Manager And Office Of The Police Chief REQUEST: Presenting to the Mayor and City Commission the "Chiefs Award of Excellence" to Sergeant Brad Heath and Corporal Matt Scovel of the Winter Springs Police Department. Chief of Police Kevin Brunelle, Police Department announced that the "Chiefs Award of Excellence" was being awarded to Sergeant Brad Heath and Corporal Matt Scovel of the Winter Springs Police Department. AWARDS AND PRESENTATIONS 302. Office Of The City Manager And Office Of The Police Chief REQUEST: Presenting to the Mayor and City Commission the "Chiefs Award of Excellence" to Corporal David Smith of the Winter Springs Police Department. Chief Brunelle announced the "Chiefs Award of Excellence" to Corporal David Smith of the Winter Springs Police Department. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 9, 2012 PAGE 8 OF 19 AWARDS AND PRESENTATIONS 303. Office Of The City Manager And Office Of The Police Chief REQUEST: Presenting to the Mayor and City Commission the "Department Officer of the Month" Award to Officer Jorge Melendez of the Winter Springs Police Department. Chief Brunelle presented the "Department Officer of the Month" Award to Officer Jorge Melendez of the Winter Springs Police Department. REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese stated, "Regarding the Atlantic Housing Settlement Agreement, as you recall, under the Settlement Agreement, one of the preconditions to settlement is Florida Housing Finance Corporation approving a Transfer of the tax credit that Towne Park has, and that decision is going to be made — we've been told on January 27`h at the Florida Housing Committee's meeting in Tallahassee. I went ahead and discussed this with the Mayor and we are going to meet with our local representative on that board this week to discuss the City's position regarding Towne Park's petition for the transfer. That meeting, the Mayor and I will be attending is this Thursday, I believe at 3:00 p.m. and we'll just state the City's petition regarding that transfer request and our support behind the Settlement Agreement that was entered into between the City and Atlantic Housing. So, we'll give you more information as things develop in the coming weeks." REPORTS 401. Office Of The City Manager — Kevin L. Smith No Report. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo-Luaces, MMC City Clerk Andrea Lorenzo-Luaces mentioned recent discussions about having each of the City's (Advisory) Boards and Committees attend a City Commission meeting, and referenced an excerpt from the December 12, 2011 City Commission Regular Meeting Minutes. City Clerk Lorenzo-Luaces then said, "On behalf of the City Manager, he suggested that we ask you if you would consider us perhaps bringing each Board, one at a time, over the next few months. I think — we could probably get them to you all before June if that's okay. Continuing, City Clerk Lorenzo-Luaces noted, "Then once you hear them all, then we will bring back an Agenda Item as we had discussed." No objections were voiced. REPORTS 403. Office Of Commissioner Seat Three/Deputy Mayor - The Honorable Gary Bonner Deputy Mayor Gary Bonner wished everyone a Happy New Year and thanked all for the well wishes his family received regarding his daughter's recent wedding. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 9, 2012 PAGE 9 OF 19 Next, Deputy Mayor Bonner referenced Consent Agenda Item "202" and noted that he hoped our next effort "Would be to get the Amphitheater constructed and into service in our community as quickly as possible." Continuing his comments, Deputy Mayor Bonner said, "I strongly encourage the Manager and Staff as soon as we have those is dotted and is crossed in place that we get this Amphitheater project before us as quickly as possible because I really see it as being a catalyst for not only the new community members that are joining us in Winter Springs Village and all of the positive energy that is taking place with the development here in the Town Center, including across the street by the way, and also to bring our community together and really bring some energy into our Town Center." Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Departments gave a brief overview on the project. Mayor Lacey commented that, "I think that we have never gotten to this point before where we had in essence the CSX (Corporation) approval before us so I think it is premature to pressure OGT (The Office of Greenways & Trails) to respond when they haven't had a chance to respond yet. However, I think we need to be ready to do that." Deputy Mayor Bonner then asked if anything needed to be done to expedite the amphitheater project and thanked Mayor Lacey for his efforts on his many efforts trying to resolve this project. REPORTS 404. Office Of Commissioner Seat Four — The Honorable Cade Resnick Commissioner Cade Resnick mentioned he had visited some of the City's parks during break and thanked the Parks and Recreation Department for the great, clean parks and that other parks visitors also offered their thanks. Secondly, Commissioner Resnick mentioned that some non-residents he had spoken with said that the City's "Hound Ground" Dog Park was their favorite Dog Park. REPORTS 405. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Joanne M. Krebs noted she was in agreement with what Deputy Mayor Bonner had said about the Trail/Amphitheater project. Secondly, Commissioner Krebs commented on some discussions she had had with fellow Council of Local Governments in Seminole County (CALNO) attendees and noted that she was willing to attend Council of Local Governments in Seminole County (CALNO) meetings should the Mayor not be able to attend. Discussion followed on Council of Local Governments in Seminole County (CALNO) and Mayors and Managers Group meetings, including expenses related to Council of Local Governments in Seminole County (CALNO) meetings; what function CALNO (Council of Local Governments in Seminole County) and the Mayors and Managers Group serve; and that the Tri-County League of Cities offers more than Council of Local Governments in Seminole County (CALNO) does and that the Council of Local Governments in Seminole County (CALNO) includes a representative from Seminole County Public Schools and Seminole State College. Further comments followed on the merits of the Mayors and Managers Group; and Commissioner Rick Brown and Deputy Mayor Bonner agreed with Mayor Lacey there seemed to also be a lack of purpose with the Mayors and Managers Group. Deputy Mayor Bonner suggested that intermodal transportation could be a worthy matter to be championed by the Council of Local Governments in Seminole County (CALNO). CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 9, 2012 PAGE 10 OF 19 Deputy Mayor Bonner added, "I agree with you Mayor, there needs to be a Mission, a Vision, something to really make that body start generating some output that is of value." Deputy Mayor Bonner then said, "Maybe that message should be brought back to them - then let's find an issue that make sense, to put some energy back into CALNO (Council of Local Governments in Seminole County)." Mayor Lacey mentioned that the next Council of Local Governments in Seminole County (CALNO) meeting is this Wednesday evening, January 11`h, 2012 in Altamonte Springs and that he would be representing the City. Mayor Lacey also mentioned that all Commissioners are welcome to attend. Commissioner Brown then suggested that a similar mission be found for the Mayors and Managers Group. Mayor Lacey agreed with Commissioner Brown's comments regarding the Mayors and Managers Group and mentioned that the City Manager's time is also involved and to that point, "We apply the same criteria and then we make sure it is being justified." With further comments, Mayor Lacey added, "I am more optimistic that I can come back to you and say, `Mayors and Managers (Group) has a mission here and this is what it is. Do you think it is worth supporting'?" REPORTS 406. Office Of The Mayor — The Honorable Charles Lacey Mayor Lacey noted that on Thursday, January 19, 2012, "Our own Commissioner Joanne M. Krebs is being inducted as President of the Tri-County League (of Cities), so I encourage everyone to go to that meeting if you possibly can." City Manager Kevin L. Smith thanked bright house Networks for sponsoring this event. Next, Mayor Lacey mentioned that at the request of former Commissioner Robert Miller, Mayor Lacey would be presenting a Proclamation in honor of the Scottish Highland Games and asked if there were any objections from the City Commission? No objections were voiced. Mayor Lacey then noted that former Commissioner Miller hoped the Commission would offer their support to these Scottish Highland Games. Further brief comments. Next, Mayor Lacey mentioned a previous discussion at the last City Commission Meeting regarding whether the City Commission wanted to make a charitable donation in the amount of two hundred fifty dollars ($250.00) to purchase a table at an upcoming reception to honor local Teacher's of the Year. With brief comments about previous decisions to be fair and consistent to all requests for sponsorships and contributions, there was no support from the City Commission voiced to contribute the requested two hundred fifty dollars ($250.00) for this particular sponsorship. Lastly, Mayor Lacey mentioned comments that were submitted by the Mayor and City Commission for a Seminole Voice article and how nice it was to see comments that were in sync with one another. Mayor Lacey added, "I was very impressed with how much the Commission was of one voice answering those two (2) different questions." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 9, 2012 PAGE 11 OF 19 REPORTS 407. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Jean Hovey suggested that homelessness in Seminole County issues could possibly be addressed by the Council of Local Governments in Seminole County (CALNO) or the Mayors and Managers Group. Secondly, Commissioner Hovey mentioned she would soon be meeting with the U.S. Secretary of Education. I WOULD LIKE TO NOMINATE MR. MARVIN KELLY TO THE CODE ENFORCEMENT BOARD. MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: DEPUTY MAYOR BONNER: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REPORTS 408. Office Of Commissioner Seat Two — The Honorable Rick Brown No Report. PUBLIC INPUT No one addressed the Mayor and City Commission. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department - Planning Division REQUEST: The Community Development Department — Planning Division requests that the City Commission hold a public hearing for the first reading of Ordinance 2011-15, which revises Chapter 16, Signs and Advertising, of the City's Code of Ordinances. FISCAL IMPACT: There is no immediate fiscal impact associated with this agenda item. However, by allowing local businesses greater latitude in the use of various types of signage, the City is providing additional tools for local businesses to market their products and services. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JANUARY 9, 2012 PAGE 12 OF 19 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. This proposed text amendment was advertised in the Orlando Sentinel on December 29, 2011. RECOMMENDATION: Staff and the Planning & Zoning Board recommend that the City Commission approve the first reading of Ordinance 2011-15, which revises Chapter 16, the Signs and Advertising Chapter of the City's Code of Ordinances and move said Ordinance forward to second reading. Mayor Lacey asked, "Can I have a Motion to read by `Title' only." "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR BONNER. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2011-15 by "Title" only. Mr. Bobby Howell, AICP, Planner, Community Development Department introduced this Agenda Item for discussion and reviewed five (5) proposed changes to the Code. Tape 1/Side B Continuing, Mr. Howell then reviewed some possible options that were discussed by the Planning and Zoning Board/Local Planning Agency at a recent meeting of theirs, and explained that these points were not included in their Motion. Commissioner Brown mentioned he was not in favor of any of the additional suggestions and remarked, "I have always had a problem, especially in this economy with the forty-five (45) day limitations." Commissioner Brown added, "I have no problem with having to renew, actually go through a very formal renewal process, but I would propose that at every forty-five (45) days, we make the Applicant come in, and go back through a formal approval process, but open-end the forty-five (45) day window." Commissioner Brown then also suggested that "We do this for a limited period of time, and we bring this back, say in January of 2014." Further comments. Deputy Mayor Bonner noted, "To Commissioner Brown's comments regarding the forty-five (45) days per year and the opportunity for a renewal with a new Permit and so on, I too support that concept. I would say that I would want to caveat that with some amount of cooling off period; so, in other words, you are not into permanent signage." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 9, 2012 PAGE 13 OF 19 Furthermore, Deputy Mayor Bonner suggested that "Maybe the forty-five (45) days is forty-five (45) days per quarter for example. Maybe there is four (4) times per year or forty-five (45) days per trimester." Deputy Mayor Bonner added, "I also support Commissioner Brown's suggestion that we bring this back before us, say in a year's timeframe. See how the economy has changed." Discussion followed on previous discussions related to Banners; Commissioner Krebs commented on the viability that the City Commission could sunset any change they make; that Staff could inform businesses of any new programs or information like what is being discussed; establishing a balancing act; and what can be done to better assist businesses. Summarizing the recent comments, Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department proposed, "Keep the forty-five (45) days, have it forty-five (45) days per quarter; that first quarter, if it's a new business, would also be coupled with a thirty (30) day period for the Grand Opening, so you're going to get fifty percent (50%) of the days in any given quarter for a banner and we'll renew it or change the banner. They will probably want to change it depending upon what they're advertising; then if they're a new business or business as we proposed it, has been open less than two (2) years and did not get the advantage of a Grand Opening, they could get that that first quarter as well and kind of keep it on that schedule, something we can track and something I think would give the businesses the most flexibility on a yearlong basis, if that's the way the Commission would like to go." Deputy Mayor Bonner added that "I think I would probably be okay if up to ninety (90) days would be the most that you could be consecutive but I don't want it to get to be too complicated, to Commissioner Brown's comments but I don't want to have tattered banners." Discussion followed on a twenty-five foot (25') restriction and Chief Brunelle commented on related safety concerns. Next, Deputy Mayor Bonner then remarked about the twenty-five feet (25') and suggested, "That may be part of the Permit process that your location, if you have a certain height, has to pay attention to power lines and so on. Maybe there are ways for us to GPS (Global Positioning System) plot that sort of thing, to make sure that we are not being un-neighborly or creating a hazard for law enforcement." Continuing the discussion, Mayor Lacey commented on the "Twenty-five foot (25') above building height". Mr. Stevenson then stated, "It can be — a lot of these times, they put them on the roofs of the buildings." Mayor Lacey opened the "Public Input "portion of the Agenda Item. No one spoke. Mayor Lacy closed the "Public Input" portion of the Agenda Item. Mayor Lacey suggested, "What I would ask is for is a Motion from the Commission to Approve on First Reading, subject to the terms that were enunciated by Randy (Stevenson)." Mr. Stevenson clarified - "On the timing, we had said forty-five (45) days per quarter and I think I sensed that the Commission does not have a concern if the astute business person backs those forty-five (45) days together for a ninety (90) day period, in a 180 day period. Okay. And they would renew after every quarter, maybe they come in with a different banner or so forth, but we would be able to track that forty-five (45) days per quarter. The first quarter, if it's a new business, I think they would also take advantage of the thirty (30) day Grand Opening period; so, that would give them an additional thirty (30) days. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 9, 2012 PAGE 14 OF 19 There is also a fifth element if you will, that the Manager has the ability for a fifth period, a discretionary period for which we have purposefully not attached a time frame, because I think that would be based upon the businesses needs as justified to the Manager, and it would be handled on a case by case basis as far as what the adequate timeframe would be there. And, then on the balloons, I think that's probably where I am a little bit lacking there. We've talked about twenty-five feet (25') feet. I think I am getting a sense that we would like to maybe handle those balloons on a case by case basis if you will. Just to make sure that they're not infringing upon their neighbors if it is a business. One of the things I just thought about and we had thought about it before, but did not know if the Commission would want to go this way, is a lot of times, for lack of a better term, I won't call it a balloon, I'll call it a blimp; something attached to a string for those businesses in the back; or maybe the residential things in the back that are visible above the entire Town Center. We could add something in for that; and I think we could find adequate language for that, if that's something the Commission wants to do at this point." Mayor Lacey remarked, "Commissioners, you will have a chance to formally Vote on a Motion to that regard but before we get to that Motion, are you pretty much in Consensus with what Randy (Stevenson) said as being reflected in your intent?" Commissioner Resnick and Commissioner Brown stated, "No objection." No objections were voiced. Furthermore, Mayor Lacey asked, "Then I would suggest a Motion that Approves on First Reading subject to what Randy (Stevenson) said; bring all that back to us on Second Reading." "I WILL GO AHEAD AND MAKE A MOTION TO APPROVE ITEM `500' ON FIRST READING, SUBJECT TO STAFF'S CLARIFICATION OF OUR DISCUSSION THAT WERE READ — BY RANDY (STEVENSON)." MOTION BY DEPUTY MAYOR BONNER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Mayor Lacey summarized, "(Ordinance) 2011-15 is passed on First Reading." PUBLIC HEARINGS 501. Office of the City Attorney REQUEST: At the request of the Police and Parks and Recreation Departments, the City Attorney presents on First Reading Ordinance 2012-02 which proposes to establish regulations for City Parks and other public recreational areas located within the jurisdictional limits of the city of Winter Springs. FISCAL IMPACT: There is no direct fiscal impact related to the adoption of the ordinance other than staff and attorney time to prepare the ordinance. If the ordinance is adopted, the ordinance will be enforced like any other ordinance. Standard and routine ordinance enforcement expenditures will apply and off -setting or additional code enforcement revenues may be realized for citations issued as a result of violations of the ordinance. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 9, 2012 PAGE 15 OF 19 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 Attorney, City Manager, Police Department, and Parks and Recreation Department recommend that the City Commission pass Ordinance 2012-02 on First Reading and direct that the Ordinance by advertised for second and final reading at the next regularly scheduled City Commission meeting. Mayor Lacey asked, "Is there a Motion to read by `Title' only." "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR BONNER. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2012-02 by "Title" only. Mr. Caldwell began the discussion on this Agenda Item and noted, "We want to create a safe environment and therefore, working with our Police Department, we are recommending that we have some language in order to do that." Mayor Lacey opened the "Public Input "portion of the Agenda Item. No one spoke. Mayor Lacy closed the "Public Input " portion of the Agenda Item. "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. COMMISSIONER KREBS ASKED IF THIS HAD GONE BEFORE ANY CITIZENS. MR. CALDWELL REMARKED, "WE HAVE DISCUSSED AT THE PARKS AND RECREATION ADVISORY COMMITTEE - WE HAVE DISCUSSED TOPICS WITHIN THIS ORDINANCE. THIS ORDINANCE WAS NOT BROUGHT TO THEM. THERE IS A MEETING SCHEDULED IN FEBRUARY." CONTINUING, COMMISSIONER KREBS NOTED THE TOBACCO REFERENCE AS SHOWN ON PAGE 6 OF THE ORDINANCE, SECTION 17-108. (b). DISCUSSION FOLLOWED ON THE WORD "POSSESS". CITY MANAGER KEVIN L. SMITH AGREED AND SUGGESTED THE WORDING BE REVISED TO STATE, "SO IT WOULD BE `UNLAWFUL FOR A PERSON TO CONSUME ANY TOBACCO PRODUCT'." COMMISSIONER KREBS WAS IN AGREEMENT WITH THIS SUGGESTION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 9, 2012 PAGE 16 OF 19 COMMISSIONER BROWN ADDED, "AND THAT WOULD JUST BE IN DESIGNATED AREAS OF THE PARK, NOT IN THE PARK OVERALL?" THIS WAS AGREED TO. MANAGER SMITH THEN SAID, "WE WOULD DESIGNATE NON-SMOKING AREAS; SO, IN A SECTION THAT ISN'T DESIGNATED, YOU COULD CERTAINLY CONSUME TOBACCO PRODUCTS." SECTION 17-113. RELATED TO THE SALE OF MERCHANDISE WAS ADDRESSED NEXT AND BASED ON SOME REAL -LIFE EXAMPLES GIVEN, COMMISSIONER KREBS ASKED IF THE WORDING COULD BE CHANGED. ATTORNEY GARGANESE ADDED, "THAT PARAGRAPH NEEDS TO BE REWORDED, BECAUSE AS THE CHIEF SAID, IT'S INTENDED TO PREVENT COMMERCIAL BUSINESSES FROM SETTING UP SHOP IN THE PARKS. BUT THERE NEEDS TO BE SOME WORDSMITHING TO ADDRESS THE INNOCUOUS." FURTHER COMMENTS FOLLOWED ON THIS ORDINANCE GOING BEFORE CITIZENS, AND THE PREFERRED TIMING OF THIS ORDINANCE. COMMISSIONER KREBS THEN SUGGESTED CHANGES COULD BE DONE BY RESOLUTION, ONCE AN ORDINANCE LIKE THIS IS APPROVED. COMMISSIONER HOVEY ASKED, "CAN WE MOVE THIS TO SECOND READING AND THEN WHEN THE CITY BOARD MEETS, AND IF THEY HAVE CHANGES, WE CAN BRING IT BACK?" ATTORNEY GARGANESE RESPONDED BY SAYING, "CERTAINLY. THERE IS NO LEGAL REQUIREMENT THAT THE PARKS AND RECREATION ADVISORY COMMITTEE] BOARD GIVE YOU A RECOMMENDATION REGARDING THIS PARTICULAR ORDINANCE. SO, THE COMMISSION IS FREE TO MOVE FORWARD WITH SECOND READING; AND AFTER THAT, THE COMMISSION IS FREE TO MODIFY THIS ORDINANCE IF IT IS ADOPTED WITH FURTHER RECOMMENDATIONS FROM THE PARKS AND REC [REATION ADVISORY] COMMITTEE." FURTHERMORE, COMMISSIONER HOVEY INQUIRED, "IF WE HAVE SOCCER TOURNAMENTS OR SOFTBALL TOURNAMENTS OR BASEBALL TOURNAMENTS AND THEY ARE SELLING T- SHIRTS OR SOMETHING LIKE THAT FOR THEIR SOCCER LEAGUE - THAT IS NOT GOING TO AFFECT THEM, IS ITT' MANAGER SMITH SAID, "WE'LL INCORPORATE THAT THOUGHT PROCESS INTO THAT TWEAKING OF THAT ONE SECTION." MR. CALDWELL POINTED OUT, "ABSOLUTELY, AND I WOULD JUST LIKE TO ADD ON TO THAT ALSO, THAT THERE ARE AUTHORIZED AND SPECIFICALLY PERMITTED FUNCTIONS SUCH AS TOURNAMENTS AS YOU'RE REFERRING TO, OR LEAGUES, OR ACTIVITIES THAT WE WILL BE IN CHARGE OF AUTHORIZING THE ACTIVITY IN THE DESIGNATED AND DESIGNED AREA FOR THAT." MAYOR LACEY MENTIONED, "WE HAVE A MOTION TO APPROVE IT AS IS. I WOULD ASK FOR UNANIMOUS CONSENT TO WITHDRAW THAT MOTION." COMMISSIONER HOVEY STATED, "I WILL WITHDRAW MY MOTION." AS TO CONSENSUS, COMMISSIONER BROWN AND DEPUTY MAYOR BONNER STATED "YES." NO OBJECTIONS WERE HEARD. Tape 2/Side A CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 9, 2012 PAGE 17 OF 19 Attorney Garganese mentioned one other situation, "There are some situations where you end up with egregious repetitive chronic violations of rules and we were discussing maybe beefing up the Ordinance to add a procedure to suspend someone's privilege for chronic violations, for certain periods of time and setting up a Hearing process at the administrative level; and that would need to be added to this Ordinance." Commissioner Krebs stated, "I am okay with that." Mayor Lacey remarked, "My recollection of what we have agreed to, is the Ordinance as is; with the change in 17-108. (b) to strike `possess' - to reword 17-113. - and to ask Anthony (Garganese) to add additional language to address chronic abusers." Mayor Lacey added, "What I would request is a Motion to Approve on First Reading with those changes." "SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR BONNER: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Office of the City Attorney REQUEST: The City Attorney requests that the City Commission approve Ordinance 2012-03 at first reading, which further extends, for a period of six (6) months, the City's temporary moratorium on the issuance of business tax receipts or land use approvals for pain management clinics. FISCAL IMPACT: There may be a de minimis fiscal impact associated with passage of this Ordinance since the ordinance prohibits the City from accepting payments of the business tax for pain management clinics during the moratorium time period. 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 - JANUARY 9, 2012 PAGE 18 OF 19 RECOMMENDATION: The City Attorney recommends that the City Commission approve Ordinance 2012-03 at first reading and direct that the Ordinance be advertised for second and final reading at the next regularly scheduled City Commission meeting. "MOTION TO READ BY `TITLE' ONLY." MOTION BY DEPUTY MAYOR BONNER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2012-03 by "Title" only and commented on some Task Force recommendations and noted, "We're in the process of finalizing our review of those recommendations and we're going to be bringing back to the Commission and the Planning and Zoning Board some proposed Ordinances for you to consider, but we need some additional time in which to prepare those Ordinances; so, we're requesting an extension of that Moratorium for another six (6) months." Mayor Lacey opened the "Public Input"portion of the Agenda Item. No one spoke. Mayor Lacy closed the "Public Input"portion of the Agenda Item. "MOTION TO APPROVE ITEM `502' FOR FIRST READING." MOTION BY DEPUTY MAYOR BONNER. MAYOR LACEY STATED, "SECONDED BY COMMISSIONER BROWN." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Not Used. PUBLIC INPUT No one addressed the Mayor and City Commission at this time. Mayor Lacy closed "Public Input ". Further brief comments. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JANUARY 9, 2012 PAGE 19 OF 19 ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 7:00 p.m. RESPECTFULLY SUBMITTED: -LUACES, MMC CITY C 105 rj M�' NOTE: These Minutes were approved at the January 23, 2012 City Commission Regular Meeting.