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HomeMy WebLinkAbout_2012 03 12 City Commission Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES REGULAR MEETING MONDAY, MARCH 12, 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 - MARCH 12, 2012 PAGE 2 OF 24 CALL TO ORDER The Regular Meeting of Monday, March 12, 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. Related to Agenda changes, Mayor Lacey asked the City Commission if a resident could address the City Commission first, as the resident needed to leave before "Public Input" would normally be heard. There were no obj ections. ❖ ❖ AGENDA NOTE: THE FOLLOWING ADDITIONAL "PUBLIC INPUT" WAS HELD NEXT, AS DOCUMENTED. ❖ ❖ PUBLIC INPUT Mr. Tim Johnson, 1109 Gator Lane, Winter Springs, Florida: spoke as a member of "Compassionate Friends International" which he explained was an organization of members who have lost children. This organization often places granite memorial benches in parks. Mr. Johnson said they will be placing two (2) more benches in Central Winds Park with a Dedication Ceremony being held on March 24, 2012 at 11:00 a.m. and a lunch. Mr. Johnson invited the City Commission to attend and to offer any comments, should they wish to; and said that this organization would be back sometime later this year to ask permission of the City Commission to place a very large monument at the entrance of Children's Memorial Trail. In other business, Mayor Lacey recognized former Mayor John F. Bush and former Mayor Paul P. Partyka who were in the audience. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department REQUEST: Community Development Department is advising the City Commission of the status of various current planning projects. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2012 PAGE 3 OF 24 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, 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. No discussion. INFORMATIONAL 101. Parks and Recreation Department REQUEST: The Parks and Recreation Department requests the City Commission to review the information presented regarding Splash Park Operations. FISCAL IMPACT: These adjustments will reduced payroll and operating costs by a total of $26,900 at the Splash Parks. 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, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. All available communication efforts will be performed to inform Park Users of the new Splash Park days and hours of operation. In addition, signs will be posted to inform private providers that they are not permitted to bring buses of kids in except on permitted days and must schedule trips through the Parks & Recreation Department. This was a disruption for our local guests last season. The Grand Opening weekend for the Splash Playgrounds this season will be March 28-April 1. We will also inform all guests of the new Splash Park days and hours of operation during this event. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2012 PAGE 4 OF 24 RECOMMENDATION: The Parks & Recreation Department requests the City Commission receive and review the information provided in this Agenda Item. Commissioner Joanne M. Krebs stated, "I would like you to pull Informational Agenda Item "101" please for discussion, for the Regular Agenda." Further comments. Mayor Lacey remarked, "As an Informational item, we can pull it off of it but our Approval really doesn't mean one thing or another on the Informational Agenda; so, I think it would be most expedient if we just discussed the item now if you are ready." Commissioner Krebs agreed with this. City Manager Kevin L. Smith gave some background information and explained, "We had a need to close the park one (1) day a week, for purposes of maintenance, similar to what we do with our Dog Park. In doing that, our financial analysis told us that if in addition to closing that one (1) day, we closed a second day, so closed two (2) days out of seven (7) - we're currently open seven (7) days a week. If we closed two (2) days, we can cut our operational costs including payroll, in half." Further, Manager Smith referenced service levels and noted, "One of the things though that we wanted to look at and would be coming back to you at a future meeting was to look at the Fee structure for those parks. The reason I'm suggesting that we pull this is we'd like to come back and go ahead and accelerate that recommendation to you all relative to the fee structure and I'd ask for any input on the following tonight that you may have - we would be proposing to not charge our citizens for use of our splash parks." With additional comments, Manager Smith said, "Again, I would like to request to pull this item to the next Commission meeting, come back and have the discussion about what I just articulated to you all." Discussion. Mr. Chris Caldwell, Director, Parks and Recreation Department stated, "The Resident Fees at the splash pads were for Seminole County residents only and we didn't have a structure in place for Winter Springs residents and it was a ten dollar ($10.00) Fee for an annual membership for a Winter Springs resident and ten dollars ($10.00) for an outside resident every time they came; so, we would have to look at that — how we would address the residents versus non-residents, when collecting Fees was an issue on site..." Manager Smith added, "...We will bring back recommendations, Commissioners; and certainly one option would be to not charge our citizens and to charge those outside of the City limits, some type of Fee." Deputy Mayor Gary Bonner then asked for clarification on "What you think the new demand would be under effectively, a free service that may change demand and that may place a burden and impact those savings that you are projecting. So, I look forward to that in your return." Commissioner Hovey asked "Will the parks be closed on the same two (2) days or will they be rotating so one (1) will be open and then the other one (1) will be closed for the two (2) days?" Manager Smith remarked "Our initial thought was to close on the same days so we endear the savings from a personnel standpoint — we intended to treat both parks identical." Mayor Lacey pointed out, "When you are looking at the Fee structure, to me it accomplishes two (2) things. One, it raises revenue and helps offset the cost and the other thing it does is it shows value to the product that we're providing and when you value it at zero (0), it may be treated as being at zero (0) value. I am a little concerned about how our customers would perceive it, especially outsiders, coming in." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2012 PAGE 5 OF 24 Commissioner Cade Resnick commented on the difference in attendance numbers to which Mr. Caldwell said, "We would not close on the weekends; we would keep it open Wednesday through Sunday at both locations; and we would encourage the families then to come out on the weekends." Discussion followed on membership Fees or daily costs as opposed to zero (0) and Mr. Caldwell stated, "We will look at that as well as looking at daily Fees and we could look at a resident, no cost for a resident certainly and then we could look at a daily Fee for a non-resident." Commissioner Krebs noted she was in favor of no Fees for Winter Springs residents as they already pay taxes for using parks and was concerned with the perception of government. Commissioner Brown supported no charge for Winter Springs residents and a non-resident Fee and added, "I don't know that we have to have people at the park actually collecting or supervising but if non-residents want to use the facilities they should be required to come in and get a pass of some kind, and then we could just do spot checks." INFORMATIONAL 102. Community Development Department - Urban Beautification Services Division REQUEST: The Community Development Department, Arbor Division, is providing information to the City Commission on the laurel wilt disease affecting local trees. FISCAL IMPACT: There is no known fiscal impact related 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, 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. Additional information on Laurel wilt will be published in an upcoming edition of the City's Newsletter. RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. Brief discussion followed with Ms. Stephanie Wolfe, Water Conservation Coordinator, Public Works Department. Mayor Lacey asked, "Is there a Motion to Approve Informational items `101' and `1027' "MOTION TO APPROVE." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2012 PAGE 6 OF 24 CONSENT AGENDA CONSENT 200. 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 entering into a one year contract with Bank of America for continued service of the Winter Springs General Operating Banking Account and authorizing the City Manager and City Attorney to prepare and execute any and all applicable documents. FISCAL IMPACT: Commission consent to this agenda item will reduce banking fees for the General Operating Account by 12% or $3,400 over the next twelve months. 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, 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 Director of Finance and Administrative Services recommend that the Commission accept the recommendation to enter into a one-year contract with the Bank of America for banking services for the City's General Operating Account. In addition, it is recommended that authorization be granted to the City Manager and City Attorney to prepare and execute all required documents. No discussion. CONSENT 201. Office of the City Manager REQUEST: The City Manager is requesting that the City Commission approve the FY 2013 Budget Calendar. FISCAL IMPACT: There is no direct impact from this agenda item. However, the decisions made by the Commission will set the stage for the 2013 Fiscal Year. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2012 PAGE 7 OF 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; 4as been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has 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. Furthermore, the 2013 budget calendar will be posted to the website within one week of approval. RECOMMENDATION: City Manager recommends that the City Commission approve the FY 2013 Budget Calendar. Manager Smith reviewed past Budget Workshop discussions and upcoming discussions and then remarked, "It will probably take me five (5), maybe ten (10) minutes; so, would you like to have a specific Workshop to do that or would you just be okay to doing it as a Regular item?" Commissioner Krebs stated, "Regular item for me." Mayor Lacey agreed with this. Deputy Mayor Bonner commented on whether there would be enough opportunity for citizen input if this was in fact done the way Manager Smith is now suggesting. With further comments, Deputy Mayor Bonner said, "I concur." Manager Smith then asked, "Do I have a Consensus just to do that as a Regular?" With no objections, Commissioner Krebs said, "Yes." Hearing no objections, Mayor Lacey summarized, "You do." CONSENT 202. Office of the City Manager And Finance and Administrative Services Department REQUEST: The City Manager and Finance and Administrative Services Department requesting the Commission to consider adoption of Resolution 2011-59 creating a defined contribution plan for the City of Winter Springs, to name ICMA-RC as administrator, and to authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. FISCAL IMPACT: The fiscal impact of Resolution 2011-59 for Fiscal Year 2012 is a savings of approximately $35,000. The Savings to the City for introducing a Defined Contribution Plan is approximately $11.7 million dollars over the next 30 years. The intent of this plan and other pension reform is to address escalating pension cost and endeavor to make these pension plans sustainable for current and future employees. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2012 PAGE 8 OF 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, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: City Manager and Director of Finance and Administrative Services recommend that the Commission adopt Resolution 2011-59. In addition, it is recommended that authorization be granted to assign ICMA-RC as the administrator of this plan and granted to the City Manager and City Attorney be authorized to prepare and execute all required documents. No discussion. CONSENT 203. 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 2012-10 formally adopting the City of Winter Springs' Fund Balance Policy as required by the General Accounting Standards Board (GASB) Statement 54, Fund Balance Reporting and Governmental Fund Type Definitions. FISCAL IMPACT: There is no immediate direct impact on the City's financials by passing this Resolution. However, the policies contained within this agenda item should and do reflect the City's conservative approach to managing tax payers dollars. 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, 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 - MARCH 12, 2012 PAGE 9 OF 24 RECOMMENDATION: City Manager and Director of Finance and Administrative Services recommend that the Commission adopt Resolution 2012-10. This Agenda Item was not discussed. CONSENT 204. Utility Department REQUEST: The Utility/Public Works Department requests that the City Commission approve Resolution Number 2012-08 recognizing the retirement of Utility Department employee Roger Paynter. FISCAL IMPACT: There is no fiscal impact if Resolution Number 2012-08 is approved. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: It is recommended that the City Commission approve Resolution Number 2012-08 in honor of Utility Department employee Roger Paynter and his 20 years of dedicated service to the City of Winter Springs. No discussion. CONSENT 205. Utility Department And Public Works Department REQUEST: The Utility/Public Works Department requests that the City Commission approve Resolution Number 2012-09 recognizing the retirement of Public Works Department employee Jerry Sturdevant. FISCAL IMPACT: There is no fiscal impact if Resolution Number 2012-09 is approved. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2012 PAGE 10 OF 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, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: It is recommended that the City Commission approve Resolution Number 2012-09 in honor of Public Works Department employee Jerry Sturdevant and his 14 years of dedicated service to the City of Winter Springs. There was no discussion on this Agenda Item. CONSENT 206. Utility Department REQUEST: Utility Department requesting authorization for the Mayor to execute a Utility Easement granting Progress Energy the right to install electrical service to the Lake Jesup Reclaimed Water Augmentation Facility. FISCAL IMPACT: The cost for Progress Energy to extend service is $21,814.68 which was funded from the project 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, 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 authorize the Mayor to execute the Distribution Easement granting Progress Energy the right to install underground power lines on City property as described in the easement. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2012 PAGE I I OF 24 CONSENT 207. 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. Brief discussion followed with Chief of Police Kevin Brunelle, Police Department. CONSENT 208. Community Development Department - Urban Beautification Services Division REQUEST: The Community Development Department, Arbor Division, asks that the City Commission approve the request of Bob Miskar to remove one (1) specimen live oak tree from his residence at 847 Bentley Green Circle. The resident is concerned with the proximity of the tree to his house and driveway. FISCAL IMPACT: If this request is approved, the applicant will pay a $25.00 arbor permit fee to the Arbor 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, 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 - MARCH 12, 2012 PAGE 12 OF 24 RECOMMENDATION: Staff recommends that the City Commission approve the request of Mr. Miskar to remove one (1) specimen live oak tree from his residence located at 847 Bentley Green Circle. Staff is recommending approval due to the proximity of the tree to the home and the driveway, damage caused to the driveway, and the fact that previous root pruning did not prevent the tree from causing further damage. The tree has the potential to cause damage to the home because of its size and location of the roots. Staff finds that this qualifies as an extraordinary circumstance or hardship as referenced in Section 5-8(b) of the Arbor Ordinance. No discussion. CONSENT 209. Community Development Department - Urban Beautification Services Division REQUEST: The Community Development Department, Arbor Division, asks that the City Commission approve the request of Gregory Warner to remove one (1) specimen live oak tree from his residence at 356 Highlands Village Court. The resident is concerned with the proximity of the tree to his house. FISCAL IMPACT: If this request is approved, the applicant will pay a $25.00 arbor permit fee. 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, 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 request of Mr. Gregory to remove one (1) specimen live oak tree from his residence located at 356 Highlands Village Court. Staff is recommending approval due to structural defects, current health of the tree, the proximity of the tree to two homes, and the fact that the tree has already impacted entranceways to both homes. The tree will likely cause further damage to the neighboring homes because of its size, proximity, and location of the roots. Staff finds that this qualifies as an extraordinary circumstance or hardship as referenced in Section 5-8(b) of the Arbor Ordinance. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2012 PAGE 13 OF 24 CONSENT 210. Community Development Department - Urban Beautification Services Division REQUEST: The Community Development Department, Urban Beautification Division, is requesting that the City Commission approve Kirkland's Property Management Services, LLC., in the amount of $37,764, for landscape maintenance services for Tuskawilla Road, Oak Forest Wall & Beautification District and Town Center Phase 1. FISCAL IMPACT: Approval of Kirkland's Property Management Services, LLC., at a cost of $37,764, for the landscape maintenance, irrigation and chemical services for Tuskawilla Road, Oak Forest Wall & Beautification District and Town Center Phase 1, will result in a savings of $4,516 annually. This expenditure is budgeted in the following line codes: (1525-54682 - R&M Grounds $21,064, 1525-54644-60003 - Town Center R&M $5,700,191-54682 - R&M Grounds $11,000). 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, 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 Kirkland's Property Management Services, LLC., in the amount of $37,764, for landscape maintenance services for Tuskawilla Road, Oak Forest Wall & Beautification District and Town Center Phase 1. Approval will result in a savings of $4,516 annually. Staff also recommends that the City Commission authorize the City Manager and the City Attorney to prepare and execute any and all applicable documents required for the agreement with Kirkland's Property Management Services, LLC. No discussion. CONSENT 211. Office of the City Clerk REQUEST: Requesting the City Commission Approve the Monday, February 27, 2012 City Commission Regular Meeting Minutes. FISCAL IMPACT: There is no Fiscal Impact to this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2012 PAGE 14 OF 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: The City Commission is respectfully requested to Approve the Monday, February 27, 2012 City Commission Regular Meeting Minutes. City Attorney Anthony A. Garganese asked for the following statement to be used, "The City Attorney reported that he was moving forward with recording the Sixth Amendment to Settlement Agreement between the City and the Tuscawilla Country Club owners because City staff has verified that the City has received all of the easements granted by the Club related to the Tuscawilla Greens Project." Mayor Lacey recognized Mr. Shawn Boyle, Director, Finance and Administrative Services Department and Mr. Art Flattich, Regional Vice President, ICMA [International City/County Management Association] Retirement Corporation and thanked them for their work on the Reports. MOTION TO APPROVE (CONSENT AGENDA) WITH MODIFICATION TO CONSENT AGENDA ITEM 11211". MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The City Manager REQUEST: Presentation of Resolution Number 2012-09 recognizing Mr. Jerry Sturdevant for his 14 Years of dedicated service as an Employee of the City of Winter Springs and expressing our Appreciation on behalf of the Mayor and City Commission, City Manager, City Staff, and the Citizens of the City of Winter Springs. Mayor Lacey presented Resolution 2012-09 to Mr. Jerry Sturdevant for his many years of dedicated service as a dedicated Employee of the City of Winter Springs. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2012 PAGE 15 OF 24 Mayor Lacey recognized former Commissioner Donald Gilmore who was also in the audience. 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 mentioned that the Choices in Learning Charter School would like to have the Mayor and City Commission visit their facility and suggested a couple of dates - Wednesday, April 25`", 2012 at 2:30 p.m. or Friday, May 25`h, 2012 at Noon. Manager Smith said he would follow up with an email. Regarding the Wednesday, April 25`", 2012 (at 2:30 p.m.) date, Deputy Mayor Bonner, Commissioner Resnick, and Commissioner Rick Brown were agreeable to this. Commissioner Krebs said she would check her schedule. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo-Luaces, MMC City Clerk Andrea Lorenzo-Luaces reminded the City Commission about the Workshop scheduled for Wednesday, March 28`h, (2012) at 6:00 p.m., which will address the Tuscawilla Unit 12/12A Wall. REPORTS 403. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Jean Hovey thanked all those who contacted Senators regarding voting against the Bill related to Parent Empowerment. REPORTS 404. Office Of Commissioner Seat Two — The Honorable Rick Brown Commissioner Brown thanked Mr. Caldwell and his Staff for the Winter Springs 1" Annual "Spring Family Festival". CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2012 PAGE 16 OF 24 REPORTS 405.Office Of Commissioner Seat Three/Deputy Mayor - The Honorable Gary Bonner No Report. REPORTS 406. Office Of Commissioner Seat Four — The Honorable Cade Resnick Commissioner Resnick spoke of his schedule. Secondly, Commissioner Resnick mentioned a previous discussion on purchasing a brick for a Leadership Seminole "Buy a Brick" project and suggested that those interested could get their monies to Mr. Boyle or to City Clerk Lorenzo-Luaces over the next week. It was also noted that Commissioner Krebs was working on the format of the wording for the Mayor and City Commission's brick. ❖❖ AGENDA NOTE: THE FOLLOWING REPORT WAS DISCUSSED NEXT, AND LATER IN THE MEETING, AS SHOWN ON PAGE 18 OF THESE MINUTES, FOLLOWED BY THE REST OF THE MEETING AS DOCUMENTED. ❖ ❖ REPORTS REPORTS 407. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs asked how much the Winter Springs Drivers Education program cost, and inquired if Seminole County Public Schools had been reminded of the costs for the Drivers Education program at Winter Springs High School when the issue with Seminole County Public Schools not paying Stormwater Fees had come UP. Regarding the value of Drivers Education program, Chief Brunelle addressed the Mayor and City Commission briefly on related costs. Next, Commissioner Krebs said that the City of Clermont utilizes a program called "Vial of Life" and noted that Winter Springs follows a different but similar program called "MED-113", and asked if "MED-11)" could be advertised on our electronic sign, along with "Are You OK?" and "Lock Box". Further brief comments followed. REPORTS 408. Office Of The Mayor — The Honorable Charles Lacey Mayor Lacey noted that he and Commissioner Hovey had met for the last time as members of the Seminole County Public Schools Superintendent Search Committee and their Committee had submitted four (4) names to the School Board for consideration. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MARCH 12, 2012 PAGE 17 OF 24 Secondly, Mayor Lacey mentioned that at a recent Council of Local Governments in Seminole County (CALNO) meeting, there was much discussion on Seminole County Public Schools and the Stormwater Fee issue and that Seminole County Public Schools School Board Member Diane Bauer who is their CALNO representative, was going to take their comments about this issue back to the School Board. Also at the recent Council of Local Governments in Seminole County (CALNO) meeting, the (Mud Walk) Environmental Studies Center was mentioned and that now, a partnership between the seven (7) cities, Seminole County, and the School Foundation is being considered and each entity is being asked to contribute seven thousand dollars ($7,000.00) a year for two (2) years, which would help make up the deficit. Further comments followed on what benefits there would be to citizens, and the suggestion that each attendee should be charged, which would help defray costs. Mayor Lacey summarized the discussion and Consensus saying, "We don't think it is appropriate use of Winter Springs' money but the suggestion that they look at alternative revenue sources such as charging for admission." Next, Mayor Lacey commented on a recent Mayors and Managers Group meeting that also discussed Seminole County Public Schools and the Stormwater Fee issue, and that they were going to invite Dr. Tina Calderone, Chairman of the School Board to attend the next Mayors and Managers Group meeting to discuss this and other School Board related matters. Further comments followed on Seminole County Public Schools, the School Board, their Budget sessions, and Engineering concerns. Discussion continued. Tape 1/Side B Deputy Mayor Bonner said to Mayor Lacey, "I think you could carry back at least on behalf of one Commissioner a challenge, that certainly if they are going to contain all of their - stormwater discharge on their own property then they wouldn't need our services and therefore I could understand that they wouldn't need to pay a Fee to us." Further comments ensued with Mr. Brian Fields, P.E., City Engineer, Public Works Department. Deputy Mayor Bonner mentioned that he thought all users of Stormwater should pay and Manager Smith added, "If it costs us `x' amount of dollars to run our Stormwater system, we're charging the users of that system, that same `x' amount of dollars. If one user chooses not to pay, that burden falls on the rest of the system and the rest of the users." Mayor Lacey commented about a possible Incubator Showcase in the Commission Chambers and asked if the City Commission would like to host another Incubator Showcase? With further comments, most of the City Commission said they were available on June 13`h, 2012. Mayor Lacey then said to City Clerk Lorenzo-Luaces, "Would you contact the Incubator and propose June 13th, (2012)." City Clerk Lorenzo-Luaces agreed. Brief comments followed on the time for this event, and Mayor Lacey stated, "Propose three o'clock." Commissioner Krebs said she would check her schedule. Mayor Lacey asked Commissioner Krebs to let City Clerk Lorenzo-Luaces know about her availability. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2012 PAGE 18 OF 24 ❖ ❖ AGENDA NOTE: THE FOLLOWING REPORT WAS DISCUSSED AGAIN, AS PREVIOUSLY NOTED ON PAGE 16 OF THESE MINUTES. THE REST OF THE MEETING FOLLOWS. ❖❖ REPORTS REPORTS 407. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Krebs asked if Staff could copy the City Clerk on correspondence sent to the Mayor and City Commission. Manager Smith said, "Certainly." PUBLIC INPUT Dr. John Bush, 21 Tarpon Circle, Winter Springs, Florida: mentioned that he had been a big proponent of the schools and was upset about the Stormwater Fee issue and planned to talk to some of the School Board Members; noted he was very proud to see Mayor Lacey at an event to honor President John Hitt of the University of Central Florida (UCF) and that Mayor Lacey was the only Seminole County Mayor in attendance; mentioned a recent golf event; and then commented about the upcoming Winter Springs Relay For Life event scheduled for 2:00 p.m. on April 28`h, 2012 and hoped the Mayor and City Commission would be able to attend. Additionally, Dr. Bush complimented former Mayor Partyka; and further spoke on Stormwater Fees and a neighborhood in Tuscawilla. Lastly, Dr. Bush noted he is officially a Candidate for State House District 33 (which will soon be District 28) and remarked that this District encompasses all of Winter Springs and Oviedo. Mr. Kevin Cannon, Esquire, Post Office Box 3151, Orlando, Florida: spoke of the Seminole County Public Schools issue related to Stormwater Fees and stated, "Dealing with the Stormwater, there is Case Law in Florida that when a property owner develops their land and modifies the natural flow of surface water on the land, that if the downstream property owner is adversely affected that they can make a tort claim for trespass; and so, if the consent of the downstream city recipients of the water is expressly rescinded by the cities, then actions for trespass may lie for the downstream recipients of the water that historically otherwise would not be there. That might be one option the cities might want to explore with the School Board." Next, Mr. Cannon spoke of a meeting with some Seminole County Public Schools which addressed interest in a possible solar program being started at Winter Springs High School and which potentially could also involve Keeth Elementary School and Indian Trails Middle School. Further comments. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department - Planning Division REQUEST: The Community Development Department — Planning Division requests that the City Commission review and adopt on second reading Ordinance 2012-06, the re -write of the Town Center District Code. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2012 PAGE 19 OF 24 FISCAL IMPACT: While there is no direct fiscal impact to the City as a result of the Code re -write, staff is of the opinion that the new code language will facilitate more diversified development in the Town Center, which will have a positive fiscal impact to the City's tax base. 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, 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 item was advertised in the Orlando Sentinel on February 16, 2012 and March 1, 2012. First public reading of Ordinance 2012-06 took place at the City Commission Meeting on February 27, 2012 and was unanimously approved for second reading. RECOMMENDATION: Staff and the Planning & Zoning Board recommend that the City Commission approve second reading and adoption of Ordinance 2012-06, the re -write of the Town Center District Code. Attorney Garganese read Ordinance 2012-06 by "Title" only. Mayor Lacey opened the "Public Input "portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input "portion of the Agenda Item. "MOTION TO APPROVE (ORDINANCE 2012-06)." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BONNER: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2012 PAGE 20 OF 24 REGULAR AGENDA REGULAR 600. Office of the City Clerk REQUEST: The City Clerk requests that the City Commission hear a presentation from the Tuscawilla Lighting and Beautification District Advisory Committee related to their membership, efforts, accomplishments, and any issues they may wish to discuss. FISCAL IMPACT: There is no fiscal impact related 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 rile 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. The Office of the City Clerk has provided information via email and in person regarding the Mayor and City Commission's interest in hearing from the Tuscawilla Lighting and Beautification District Advisory Committee. The Tuscawilla Lighting and Beautification District Advisory Committee has also discussed this matter a couple of times, with a recent Workshop held to further prepare for this meeting with the Mayor and City Commission. RECOMMENDATION: The City Commission is requested to hear from members of the Tuscawilla Lighting and Beautification District Advisory Committee and discuss any matters they deem of interest with the Tuscawilla Lighting and Beautification District Advisory Committee and City Staff, as applicable. Chairperson Mary Brook introduced Committee Member Don Gilmore, Vice Chairperson Helen Baker, and Committee Member Carolyn Wolf who reviewed a PowerPoint presentation with the City Commission. The Members of the Tuscawilla Lighting and Beautification District Advisory Committee thanked Mayor Lacey and the City Commission. Mayor Lacey stated, "We are very grateful to have you serving in this capacity. As it has been before by some of the other Boards that have been in front of us, it is a tribute to our citizens to see the quality of people that we have that step up, your qualifications Mr. Gilmore, his long service to the community is unparalleled; so we appreciate everything that you are doing for us." Chairperson Brook mentioned, "The people that are coming forward with requests for lighting, and street signs and etc. — we've talked about that before briefly that it might be something that can be added as a separate district or something at one time." Chairperson Brook suggested the City Commission keep this in mind for the future. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MARCH 12, 2012 PAGE 21 OF 24 Committee Member Gilmore remarked, "We do appreciate the cooperation of Steve Richart and the City Staff." Vice Chairperson Baker appreciated being able to serve and had not heard any unfavorable comments on the Assessment. Committee Member Wolf noted she was very impressed with the Committee. Chairperson Brook also spoke of Mr. Richart and stated, "He is a great help to us and Carol (Lallathin, Assistant to the City Clerk) is tremendous also." Deputy Mayor Bonner offered his thanks to the Tuscawilla Lighting and Beautification District Advisory Committee also, and mentioned, "In your presentation - and in your comments, you did point out that there are other parts of our community that are beginning to bring forward their interest. I was wondering if you all have undertaken a planning approach to looking at potentially expanding the service to these other communities and how that might unfold from a timing standpoint or which parts of the community you are envisioning might be entertained for expansion of the service and referendums to the citizens and so on and so forth." Chairperson Brook noted, "Some of the areas that are especially bothering are along Winter Springs Boulevard and we do the medians but TLBD (Tuscawilla Lighting and Beautification District) does not do anything outside of the medians. I think — it would probably be a considerable added Assessment to take those in. We can certainly look at any areas." Deputy Mayor Bonner added, "I was just wondering if your Committee has taken a planning type of approach?" Chairperson Brook responded, "Have not, No." Continuing, Chairperson Brook remarked, "I do know that THOA (Tuscawilla Homeowners Association) is working on encouraging renewal of the deed restrictions and that is why they presented the courses that they did and they are working with the areas, even if they have expired." Deputy Mayor Bonner said to Manager Smith, "I recall at the time that we were first presented with the request for the increase in the restoration of the Assessment to the prior level — that Mr. Manager, you wanted some time to go and study the issue and really drill down and that you would bring back to us a more learned, knowledgeable presentation on that. Is that yet scheduled for a future regular meeting?" Manager Smith responded, "There are two (2) things we had intended to do; one (1) of them we have which is to look at things such as refinancing debt as you all know, in order to lower our carrying cost there and secondly is to evaluate the ongoing success of the current rate through the future budget process. So, my intention was to bring that back to you all, after we analyzed it, and continue to analyze it at the next Budget discussions this go around, this year." Further comments followed on the timeline of Notices to the Tax Collector. Deputy Mayor Bonner stated, "I look forward to your presentation." Discussion. Tape 2/Side A Further comments continued. The Committee was then thanked for their service. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2012 PAGE 22 OF 24 REGULAR 601. Office of the City Manager REQUEST: City Manager requesting the Commission discuss the potential formation of a Winter Springs Schools Citizens Advocacy Group. FISCAL IMPACT: To be determined, dependent upon the specific/legal formation of the group. 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, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Manager recommends that the City Commission discuss the possible formation of a citizen's advisory group that would advocate for Winter Springs Schools, related options therein, and then take whatever action regarding formation of this group that it deems appropriate. Discussion followed on concerns with such a committee endorsed by the City Commission, similar to the Joint Economic Development task Force (JEDTF) and issues with Sunshine Laws. On a similar note Mayor Lacey said, "We have to be very cognizant of whether we are doing any harm." Commissioner Brown said he welcomed as much citizen input but did not support another Committee; and added, "We need to find a way, whether it is through the citizens group or some other vehicle, to make sure that we are getting the accurate information out of the School Board." Further comments. Commissioner Resnick spoke of his concerns and thought that perhaps if Mr. Cannon could put a Committee together and report back to us which might be better and added, "Safer from a litigious standpoint plus also a relationship building standpoint, because we're trying to build a relationship with the School Board and make sure that we have a partnership somewhere." Discussion continued. Mayor Lacey suggested we might want to consider a two (2) prong approach and stated, "An independent citizen's committee that is free to operate in the most effective way possible with input from the citizens and no constraints placed upon their operation; and then a city role that is within the realm of the 2007 Interlocal Agreement. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2012 PAGE 23 OF 24 Attorney Garganese addressed the 2007 Interlocal Agreement. Much discussion followed on the 2007 Interlocal Agreement including adherence to what was noted in the 2007 Interlocal Agreement; Committee involvement; the City Staff that would be involved in this process would be the Community Development Department; that a representative of the School Board was to coordinate meetings as noted in the 2007 Interlocal Agreement; and how citizens could offer input. Discussion continued on how and why the School Board did not implement the 2007 Interlocal Agreement. Deputy Mayor Bonner stated, "I support pursuing what is called for in the Interlocal Agreement." Commissioner Brown agreed. Commissioner Hovey and Commissioner Brown requested a copy of the 2007 Interlocal Agreement. Commissioner Resnick thought, "If we were to look at this Agreement as our Elected Official watchdog and then the other opportunity would have Mr. Cannon perhaps directing with feedback to the City Manager, who then can put it in the Informational Agenda and we could know what was going on. Perhaps that would be a nice way to have that two (2) pronged attack as we are talking about it. That gives us the opportunity to talk about it up here and get feedback from Mr. Cannon, if that is appropriate." Deputy Mayor Bonner referenced the request in the Agenda Item and also suggested a two (2) step approach and remarked, "I think we have to — enact the Interlocal Agreement of 2007 first and put into position our staff representative, as well as our elected representative, allow those bodies to constitute and really look at the potential productivity or lack thereof of constituting those formally called for relationships; and then I think our representatives from community development as well as from this body would be in a much better position to let us know if we should take the step of constituting the Citizens advisory group and going through the process of trying to figure out how to do that within the Sunshine Laws and so on, and so forth." Deputy Mayor Bonner then suggested if there were some citizens that wanted to form a group and work on the cause, then he did not know if the City was in a position to form a City sponsored citizens group. Commissioner Krebs agreed with Deputy Mayor Bonner and suggested that instead of Tabling this, "At some future date, discuss this after those other things have come together - and not let that just go by the wayside. So, maybe we could do that." Manager Smith stated, "I want to reiterate and assure the citizens and anyone listening that Staff is perfectly ready and willing and able to provide whatever information that we can to support them in their efforts as we did during the last four (4) months." Commissioner Brown inquired, "Does the action need to be, go back and start the process of living up to fulfilling the terms of the 2007 Interlocal Agreement?" Manager Smith responded, "We fully intend to do that. But, the way for that to take place would be to start with the School Board exercising their responsibility — to initiate said Committee. They have now done that. As of last Friday, for the first time to my knowledge or Staffs knowledge, sent an email to Randy (Stevenson, ASLA, AICP, Director, Community Development Department) and other Planning Officers throughout the County requesting us to name a representative to the PTAC (Planning Technical Advisory Committee)." Further comments followed on the School Board also being responsible to coordinate the Committee of Elected Officials, as stipulated in the 2007 Interlocal Agreement. Deputy Mayor Bonner suggested that Mayor Lacey send a letter to the School Board "Letting them know that this body is prepared to provide representation and compliance with the Interlocal Agreement and we are awaiting said invitation forthwith from them." Mayor Lacey stated, "I agree unless there is objection from the Commission, I will do that." There were no objections voiced. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MARCH 12, 2012 PAGE 24 OF 24 Discussion. Mayor Lacey said to Mr. Stevenson, "Do you intend to go personally?" Mr. Stevenson replied, "Yes, if that is the Manager's request and okay with Kevin (Smith)." Manager Smith stated, "Absolutely." Further comments continued. PUBLIC INPUT Mr. Kevin Cannon, Esquire, Post Office Box 3151, Orlando, Florida: mentioned he learned about this and also was concerned with the timing and how it related to his recent comments about planning issues; and added that he was told that the School Board will be asking all the cities to drop the School Concurrency requirement and to then update Comprehensive Plans. Mr. Cannon also thought that the meetings stipulated in the 2007 Interlocal Agreement are not being scheduled enough to get results. Mr. Cannon also addressed the narrow constraints given to the members of the Committee which will review possible school closures. Further discussion. Commissioner Brown asked about the unanimous vote requirement and "Severability". Attorney Garganese stated, "The termination of this Agreement would have to be unanimous." Continuing, Attorney Garganese said he would look into "Severability". Commissioner Brown added, "Just on the Concurrency item on itself, could they pull that requirement for Concurrency out and just nullify that, keeping the rest of the Interlocal Agreement intact, or is there a "Severability" clause that says it is either all or nothing?" Attorney Garganese said he would review this. Commissioner Resnick spoke of the Concurrency issue and asked if Seminole County Public Schools was asking to dissolve the Concurrency section? Manager Smith said, "I don't know what they plan to do to be honest with you, but we intend to find out and we will certainly, certainly let this body know, every step of the way." Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: addressed the City Commission on what is Concurrency, and virtual school classes; and suggested that Concurrency be defined to meet current needs and how it extends into the future. Ms. Schwarz spoke in depth on the merits of virtual classes and transparency and how Seminole County Public Schools handles things. ADJOURNMENT Lacey adjourned the Regular Meeting at 7:30 p.m. LUACES, MMC v APPROVED: Y NOTE: These Minyj� w approved at the March 26, 2012 City Commission Regular Meeting.