HomeMy WebLinkAbout2012 04 23 Consent 206 Requesting Approval of City Commision Regular Meeting of April 9 2012COMMISSION AGENDA
ITEM 206
Apri123, 2012
Regular Meeting
Informational
Consent X
Public Hearings
Regular
City Manager
ALLL
Department
REQUEST:
Requesting the City Commission Approve the Monday, April 9, 2012 City Commission
Regular Meeting Minutes.
SYNOPSIS:
One of the responsibilities of the City Clerk is to provide the Mayor and City Commission
with a submittal of all Meeting Minutes, as soon after a City Commission meeting as
possible; so, that it is a reminder to the Mayor and City Commission, as to what transpired
at their most recent meeting, and also provides a record of the actions and directives of the
City Commission, for the future, and which becomes the official record.
If the City Commission is in agreement with what the City Clerk provides in these
Minutes, then the City Commission would be asked to Approve the Minutes, as
submitted. Should the Mayor and /or City Commission feel something is not
appropriately documented in these Minutes, then a Motion would be appropriate to have
the Minutes changed to reflect what the majority of the City Commission would prefer.
CONSIDERATIONS:
This Agenda Item includes the Minutes from the Monday, April 9, 2012 City
Commission Regular Meeting. As noted in the Minutes, the Deputy City Clerk actually
attended this Regular Meeting of the City Commission and did the initial Minutes. The
City Clerk then listened to the entire audio from this Regular Meeting and then reviewed
and revised the attached Minutes which are being submitted to the City Commission for
consideration.
Consent 206 PAGE 1 OF 2 - April 23, 2012
These Minutes are being submitted by the City Clerk and the Deputy City Clerk, (with
proofing by both).
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 Monday, April 9, 2012 City
Commission Regular Meeting Minutes.
ATTACHMENTS:
A - Monday, April 9, 2012 City Commission Regular Meeting Minutes
Consent 206 PAGE 2 OF 2 - April 23, 2012
ATTACHMENT VAT
CITY OF WINTER SPRINGS, FLORIDA
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Incorporated
1959
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CITY COMMISSION
MINUTES
REGULAR MEETING
MONDAY, APRIL 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 - APRIL 9, 2012 PAGE 2 OF 13
CALL TO ORDER
The Regular Meeting of Monday, April 9, 2012 of the City Commission was called to Order by Deputy Mayor
Gary Bonner 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, absent
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, absent
Deputy City Clerk Joan L. Brown, 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, 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.
Rif
y
There was no discussion on this Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — APRIL 9, 2012 PAGE 3 OF 13
INFORMATIONAL
101. Public Works Department
REQUEST:
Public Works Department Updating the City Commission on the Status of the Cross Seminole Trail
missing link and the Impact on Magnolia Park Construction.
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
102. Community Development Department
REQUEST:
The Community Development Department, Planning Division, is informing the City Commission of the
nominations of the re -write of the adopted Town Center District Code for several state and national
awards.
FISCAL IMPACT:
There are no fiscal impacts associated with this report.
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.
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CITY OF WINTER SP RINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE 4 OF 13
RECOMMENDATION:
Staff requests the City Commission receive and review the information provided in this Agenda Item.
This Agenda Item was not discussed.
"MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER HOVEY.
SECONDED BY COMMISSIONER BROWN. DISCUSSION.
MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS.
CONSENT AGENDA
CONSENT
200. Police Department
REQUEST:
The Police Department requests the Commission accept a donation for the purchase of covert phone system
called CALLYO totaling $1,100. The donation is being provided from Jacob Wood, owner of Elite Options.
FISCAL IMPACT:
There will be no cost impact to the General Fund; conversely, a positive impact will be realized in the
General Fund by accepting this donation since the Police Department will not need to utilize General Fund
dollars for purchase of this investigative tool.
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 Police Department recommends the Commission approve the acceptance of the donation from Jacob
Wood, owner of Elite Options, totaling $1,100 for the purchase of the investigative tool "CALLYO ", and
authorize the City Manager to execute and approve all documents associated with this item.
This Agenda Item was not discussed.
CONSENT
201. Parks and Recreation Department
REQUEST:
The Parks and Recreation Department is requesting the City Commission to accept the proposal of
Creative Pyrotechnics and authorize the City Manager and City Attorney to prepare and execute an
agreement with the approved proposal for a fireworks display on July 4, 2012.
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CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE 5 OF 13
FISCAL IMPACT:
Budgeted Amount - $10,000 Acct. # 001 - 54800 -90100 — July 4th. (Our goal is to have this entire amount,
$10,000 covered by Sponsorships)
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 Parks and Recreation Department is recommending the City Commission to accept the proposal of
Creative Pyrotechnics and authorize the City Manager and City Attorney to prepare and execute an
agreement with the approved proposal for a fireworks display on July 4, 2012.
No discussion.
CONSENT
202. 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.
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There was no discussion on this Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE 6 OF 13
CONSENT
203. Public Works Department
REQUEST:
Public Works Department Requesting the City Commission Approve a One Year Extension to the
Magnolia Park Final Engineering and Aesthetic Review Plans.
FISCAL IMPACT:
There is no fiscal impact to extending the final engineering and aesthetic review approval. The Magnolia
Park Amphitheater projected is budgeted at $1.2M.
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 the City Commission extend the final engineering and aesthetic review approvals for the
Magnolia Park Amphitheater for an additional one year period.
No discussion.
CONSENT
204. Not Used
CONSENT
205. Office of the City Clerk
REQUEST:
Requesting the City Commission Approve the March 26, 2012 City Commission Regular Meeting Minutes.
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FISCAL IMPACT:
There is no specific Fiscal Impact to this Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE 7 OF 13
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 March 26, 2012 City Commission
Regular Meeting Minutes.
This Agenda Item was not discussed.
"MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER BROWN.
SECONDED BY COMMISSIONER KREBS. DISCUSSION.
VOTE:
COMMISSIONER RESNICK: AYE
DEPUTY MAYOR BONNER: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER BROWN: AYE
MOTION CARRIED.
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
300. Not Used
REPORTS
REPORTS
400. Office Of The City Attorney — Anthony A. Garganese, Esquire
No Report.
REPORTS
401. Office Of The City Manager — Kevin L. Smith
No Report.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE 8 OF 13
REPORTS
402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC
Deputy City Clerk Joan Brown had no Report.
REPORTS
403. Commissioner Seat Three/Deputy Mayor - The Honorable Gary Bonner
Deputy Mayor Bonner thanked the Parks and Recreation Department and stated "Brian Dunigan (Recreation and
Special Events Coordinator, Parks and Recreation Department and his Staff did a terrific job for the holiday event,
the Easter Egg Hunt at Trotwood Park. It was a really nice event." Deputy Mayor Bonner added, "The Sponsors
were generous in their support, so a nice event for our community."
REPORTS
404. Office Of Commissioner Seat Four - The Honorable Cade Resnick
Commissioner Cade Resnick also echoed the kudos that Deputy Mayor Bonner had for the Parks and Recreation
Department and the Easter Egg Hunt at Trotwood Park.
REPORTS
405. Office Of Commissioner Seat Five - The Honorable Joanne M. Krebs
Commissioner Joanne M. Krebs commented about the Policy related to absenteeism for our Advisory Boards and
Committees and the difference from how Florida Statutes governs Code Enforcement Board attendance, and
asked if the City Commission could reconsider the attendance requirements for the City's Advisory Boards and
Committees. Commissioner Krebs added, "I think we probably need to be at least in line how the State would see
It."
City Attorney Anthony A. Garganese commented on a provision for `Excused Absences' for Advisory Board and
Committee Members; to which Commissioner Krebs recommended, "Maybe you could look into it and then
maybe we could have the City Manager or you bring something back so that we can address that."
Attorney Garganese remarked, "The Florida Statutes does provide that the Chairman of the Code (Enforcement)
Board can grant `Excused' absences..." Commissioner Krebs stated, "...Correct." Attorney Garganese stated,
"I'll be happy to look at that issue if that's what the Commission wants."
ROW
City Manager Kevin L. Smith commented, "There's some things I'd like to look on that also; so, if you could
afford us an opportunity for Staff and Anthony ( Garganese) to get together on this, we'll be happy to bring it back
to you, if that's your pleasure." Commissioner Krebs remarked, "Appreciate that." No objections were voiced.
Deputy Mayor Bonner summarized, "Consensus for you to do so Manager."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE 9 OF 13
REPORTS
406. Office Of The Mayor - The Honorable Charles Lacey
Absent.
REPORTS
407. Office Of Commissioner Seat One - The Honorable Jean Hovey
Commissioner Jean Hovey mentioned that she had attended last weeks Council of Local Governments in
Seminole County (CALNO) Meeting and that four (4) out of the seven (7) cities were not in favor of providing F�
money to the (Mud Walk) Environmental Studies Center. Commissioner Hovey added that Seminole State
College is looking at the possibility of this being a classroom for them which would then permit them to giver
some funds towards that program. Discussion at last week's Council of Local Governments in Seminole County
(CALNO) meeting also included a proposed Train Station and related funding, and downtown development
efforts for the City of Longwood.
Next, Commissioner Hovey advised the City Commission about interviews for the Seminole County Public
Schools final three (3) Superintendent Candidates next Monday, April 16, 2012. The PTA (Parent- Teachers
Association) will be attending there and if anyone has any questions to ask the Candidates, they can email
Commissioner Hovey.
Next, Commissioner Hovey referenced a recent cell phone statement and specifically the "Taxes, Government
Surcharges and Fees" — "Winter Springs Communication Service Tax ". Manager Smith explained this money is
used for "Discretionary General Fund dollars" - to pay for services such as Police, Parks, and Recreation, etc."
Further discussion followed.
REPORTS
408. Office Of Commissioner Seat Two - The Honorable Rick Brown
Commissioner Rick Brown spoke of his schedule.
PUBLIC INPUT
Mr. Kevin Gilliam, 216 Williams Road, Winter Springs, Florida: mentioned that he lives on a pond that faces
Fisher Road and Williams Road and on his side of the pond, it is very shallow and filled with weeds and muck;
and asked if he could remove the muck from the pond, behind his house and develop a plan to control the muck.
Mr. Gilliam added, "I won't haul it off and I won't use heavy equipment - apparently there's some legal liability
with that. I'm willing to sign a Waiver or if the City will come with some people to remove the muck, I'll be
happy to pay for that as well. So, either way is acceptable to me."
Commissioner Krebs stated that she had visited this property, at Mr. Gilliam's request, with Manager Smith, Mr.
Kip Lockcuff, P.E., Director, Public Works/Utility Departments, and Mr. Brian Fields, P.E., City Engineer, Public
Works Department.
CITY OF WINTER S PRIN GS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE 10 OF 13
Manager Smith commented that, "We do have a Pond Maintenance Program for this pond, and all our City ponds.
That program is a program that we've developed with the expertise of our Staff, and through communication via a
Survey with the affected property owners in Mr. Gilliam's neighborhood."
Continuing, Manager Smith noted, "The plan that we have instituted and maintained is consistent with the plan
that we have and the feedback that we've gotten from the majority of our residents; and secondly, it's somewhat
problematic when we have private citizens or anything other than a City vendor doing work on our City taxpayer
property - so, that's a difficult obstacle for me to overcome at this point; for me to allow Mr. Gilliam to proceed
as he would like to. And we're trying to certainly protect the best interest of the taxpayers. Now opposite of
that, I also want to make sure that we don't do anything to infringe on any rights that Mr. Gilliam may have as a°
citizen and a property owner."
Manager Smith then added, "The City Attorney's Office, Anthony (Garganese) and his Staff are researching that
issue as we speak, and I understand that this is a time sensitive matter in talking with Mr. Gilliam and I '
understand that, but I can't advise you short of having all that data." p2
Attorney Garganese stated, "I've been working with Staff for a little over a week right now. There are some Real
Estate issues, Title issues that we want to take a look at to make sure that what the City does is the proper course
of action and I've requested some Title work. This is a very old Plat, it goes back to 1958 which preceded the
Incorporation of the City. I should get that Title work back probably within the week; at which point I will work
with Staff and continue evaluating the issue."
Commissioner Brown asked, "So, we will be ready for the next meeting to get something back to us ?" Manager
Smith stated, "Assuming you all want this to come back to you? What I mean by that is - typically, we try to
work through these type of issues at the Staff level following the directives and the policies you all have laid out."
Manager Smith added, "At this point in time, again, based on the information I have and for the reasons of trying
to be consistent with what all the property owners want and the liability issues, I have to say `No'. But, we still
have an outstanding issue relative to what rights - Mr. Gilliam may have as a private property owner that Anthony
(Garganese) is researching."
Commissioner Brown then asked, "Timing wise, when can Mr. Gilliam expect to hear back from you ?"
Attorney Garganese replied, "It all depends - I just need to get the Title information back. It's possible that we
might be prepared in two (2) weeks from this evening." Commissioner Brown mentioned, "It doesn't have to
come back to us, just something that Mr. Gilliam can be comfortable with that somebody would be back in touch
with him." Manager Smith stated, "Certainly. We have been in contact and been in touch."
Deputy Mayor Bonner summarized to Mr. Gilliam, "What I hear our Manager is telling me and the Attorney is
that there is some additional research that is taking place on Title issues and so on; in order to get all the facts
together. And then, this is certainly an item that would normally be within the charge of the City Manager for
operating our City; and he will bring those facts within approximately a two (2) week timeframe; as soon as they
are available, back to your direct attention to share that information directly with you about your concern; and
then at that time, you would be making a decision, if that was satisfactory to the outcome of your goal, or if you
wanted to readdress it and bring forward this matter again to this body, the Commission. Absent that, the
Manager will exercise his authority as the Manager to resolve the matter to the extent that he is able to your
satisfaction and to the satisfaction of the goals of the City."
Ms. Avery Smith, 201 Arrowhead Court, Winter Springs, Florida: as a resident and an Estate Attorney, Ms. Smith
commented about some information she found related to the Tuscawilla Wall, Units 12/12A. Ms. Smith
mentioned a recorded Plat that had been surveyed and accepted by the Clerk of the Court as a platted subdivision
and did not understand why citizens could ask the City Commission for assistance when they were charged with
this via the documents she was referencing. Ms. Smith offered to donate her time, and noted that the Survey was
based on one individual's opinion.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE I 1 OF 13
Commissioner Brown said to Attorney Garganese, "What have your discoveries found relative to what Ms. Smith
brought up ?"
Attorney Garganese addressed this matter and said that the City Commission can leave the Unit 12/12A Wall in
the right -of -way or perhaps could obtain another opinion on the Survey. Commissioner Brown said, "It sounds
like Ms. Smith is saying that the original documents show that Wall being on the individual properties and that it
is the individual..." Attorney Garganese commented, "...I haven't seen that particular document." Continuing,'
Attorney Garganese remarked, "It would be interesting to see an original document or original Survey that shows:'
the location of the Wall. We don't have that information to examine."
e
Commissioner Resnick mentioned, "Would that make us the Guarantor of that Wall ?" Attorney Garganese
commented, "The Commission could decide that if the Wall was clearly in the right -of -way, it needs to come
down and be demolished. So ou're not guaranteeing the future maintenance of the Wall. There's been some nt
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discussion regarding if the Wall was going to be maintained, that the City would then specially assess the property
owners who would then be responsible for paying." r
Continuing, Commissioner Resnick then said to Attorney Garganese, "My question to you, which maybe you can
answer at a later time is the term "Guarantor"; so, if we can answer that at some point — with that Special
Assessment, are we the Guarantor of that Wall, or is it 12 and 12AT'
Attorney Garganese remarked, "It would be like the TLBD (Tuscawilla Lighting and Beautification District)
improvements. Where the City has agreed to take on that obligation and assess the property owners for the cost of
that obligation. Whatever that cost would be in the future and that was the discussion that the Commission was
having about setting up that type of Assessment program. Special Assessment programs can be terminated by
law. They're not absolute. But once you take on an obligation like that, you're going to obviously have practical
difficulties with terminating it. It'll have some ramifications on, in this case the subdivision and TLBD
(Tuscawilla Lighting and Beautification District), and the TLBD (Tuscawilla Lighting and Beautification District)
in general for everyone."
Commissioner Krebs stated, "If Avery (Smith) had additional information that we did not have and that perhaps
you could take a look at it and maybe, there is some meaningful information there that we need to know that
would help us make our decision as well." Ms. Smith commented, "I actually talked to unit owners. They have
their original surveys, many of them and they also have their title policies." Continuing, Ms. Smith stated, "You
have a Developer who put forth a plan; you have a Plat that was recorded in the public records that clearly
delineated the Fence Easement. You have restricted Covenants, that envision a wall, and you have maintenance
being charged to the owner. No where is the City being asked to co -sign or to guarantee or to affirm any of this.
So, I think for spending City funds for this purpose, is not a good idea."
Deputy Mayor Bonner remarked to Ms. Smith, "I am sure that any information that you have uncovered, the
Attorney would be delighted to have the benefit of that." Ms. Smith stated, "Absolutely. Thanks."
Next, Commissioner Brown commented, "I was just going to suggest the same thing. I think that by Consensus,
maybe we should ask our City Attorney and our City Manager to review the information that Avery (Smith) has -
because it sounds like if everybody concurs that we may not be on the hook for any of it, which would be an
interesting turn of events I would like to investigate." Commissioner Krebs stated, "I agree with you."
Commissioner Hovey commented, "I agree." Deputy Mayor Bonner then added, "Sounds like a Consensus there.
Mr. Manager and Mr. Attorney, if you don't mind looking at perhaps this new information."
Lastly, Commissioner Brown mentioned, "And by full disclosure, I do have a meeting set up with Avery (Smith)
on Wednesday evening; so we will be talking about this some more; because she had called me and asked me
have a look at it as well."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE 12 OF 13
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Not Used
REGULAR AGENDA
6�
acarxw e
REGULAR
,y,e
600. Office of the City Attorney
REQUEST:
z, 3
The City Attorney is requesting that the City Commission consider approving a Settlement Agreement and
Release of All Claims between the City and Lexon Insurance Company related to the Surety Bonds that
were provided for the Jesup's Landing project by the previous developer, Levitt & Sons of Seminole
County, LLC.
Ic
FISCAL IMPACT:
If the City Commission approves the Settlement Agreement, the City will receive settlement proceeds in the
amount of $30,000. On the other hand, if the City Commission rejects the settlement, the City may have to
expend attorney's fees and costs in the event the City decides to pursue future claims under the bonds.
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 Attorney and City Manager recommend that the City Commission approve the Settlement
Agreement and accept the $30,000.
Attorney Garganese stated, "This item involves a `Possible' future Claim that the City may have against Lexon
Insurance regarding the Surety Bonds involving Jesup's Landing. The Surety company has offered thirty
thousand dollars ($30,000.00) for release of any rights the City may have with respect to `Any' future Claim, and
I emphasize `Any' and `Possible'. So, the Insurance Company has gone ahead and executed the Settlement
Agreement. It's deposited thirty thousand dollars ($30,000.00) in my firm's Trust Account and the Manager and I
are recommending that you consider the Settlement Agreement and Approve."
"MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS. SECONDED BY
COMMISSIONER HOVEY. DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — APRIL 9, 2012 PAGE 13 OF 13
VOTE:
COMMISSIONER HOVEY: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER RESNICK: AYE
DEPUTY MAYOR BONNER: AYE
MOTION CARRIED.
PUBLIC INPUT
No one from the audience addressed the City Commission at this time.
Lastly, Commissioner Resnick acknowledged that some of his students were in attendance this evening.
Members of the City Commission welcomed the students and mentioned that they hoped they would attend again,
at another time.
ADJOURNMENT
Deputy Mayor Bonner adjourned the Regular Meeting at 5:50 p.m.
RESPECTFULLY SUBMITTED:
ANDREA LORENZO -L UACES, MMC, CITY CLERK AND
JOAN L. BROWN
DEPUTY CITY CLERK
APPROVED:
1uRVL6]X41 I IFA:SIl11.YI1eTe]W1
NOTE: These Minutes were approved at the 1 2012 City Commission Regular Meeting.
CITY OF WINTER SPRINGS FLORIDA
4 0NTet i , s •o
0 ff
vi
Incorporate
1959
it% `OR`O 1""
CITY COMMISSION
MINUTES
REGULAR MEETING
MONDAY, APRIL 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 - APRIL 9, 2012 PAGE 2 OF 13
CALL TO ORDER
The Regular Meeting of Monday, April 9, 2012 of the City Commission was called to Order by Deputy Mayor
Gary Bonner 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, absent
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, absent
Deputy City Clerk Joan L. Brown, 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, 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 APRIL 9, 2012 PAGE 3 OF 13
INFORMATIONAL
101. Public Works Department
REQUEST:
Public Works Department Updating the City Commission on the Status of the Cross Seminole Trail
missing link and the Impact on Magnolia Park Construction.
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
102. Community Development Department
REQUEST:
The Community Development Department, Planning Division, is informing the City Commission of the
nominations of the re -write of the adopted Town Center District Code for several state and national
awards.
FISCAL IMPACT:
There are no fiscal impacts associated with this report.
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 - APRIL 9, 2012 PAGE 4 OF 13
RECOMMENDATION:
Staff requests the City Commission receive and review the information provided in this Agenda Item.
This Agenda Item was not discussed.
"MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER HOVEY.
SECONDED BY COMMISSIONER BROWN. DISCUSSION.
MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS.
CONSENT AGENDA
CONSENT
200. Police Department
REQUEST:
The Police Department requests the Commission accept a donation for the purchase of covert phone system
called CALLYO totaling $1,100. The donation is being provided from Jacob Wood, owner of Elite Options.
FISCAL IMPACT:
There will be no cost impact to the General Fund; conversely, a positive impact will be realized in the
General Fund by accepting this donation since the Police Department will not need to utilize General Fund
dollars for purchase of this investigative tool.
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 Police Department recommends the Commission approve the acceptance of the donation from Jacob
Wood, owner of Elite Options, totaling $1,100 for the purchase of the investigative tool "CALLYO ", and
authorize the City Manager to execute and approve all documents associated with this item.
This Agenda Item was not discussed.
CONSENT
201. Parks and Recreation Department
REQUEST:
The Parks and Recreation Department is requesting the City Commission to accept the proposal of
Creative Pyrotechnics and authorize the City Manager and City Attorney to prepare and execute an
agreement with the approved proposal for a fireworks display on July 4, 2012.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE 5 OF 13
FISCAL IMPACT:
Budgeted Amount - $10,000 Acct. # 001 -54800 -90100 — July 4th. (Our goal is to have this entire amount,
$10,000 covered by Sponsorships)
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 Parks and Recreation Department is recommending the City Commission to accept the proposal of
Creative Pyrotechnics and authorize the City Manager and City Attorney to prepare and execute an
agreement with the approved proposal for a fireworks display on July 4, 2012.
No discussion.
CONSENT
202. 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.
There was no discussion on this Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE 6 OF 13
CONSENT
203. Public Works Department
REQUEST:
Public Works Department Requesting the City Commission Approve a One Year Extension to the
Magnolia Park Final Engineering and Aesthetic Review Plans.
FISCAL IMPACT:
There is no fiscal impact to extending the final engineering and aesthetic review approval. The Magnolia
Park Amphitheater projected is budgeted at $1.2M.
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 the City Commission extend the final engineering and aesthetic review approvals for the
Magnolia Park Amphitheater for an additional one year period.
No discussion.
CONSENT
204. Not Used
CONSENT
205. Office of the City Clerk
REQUEST:
Requesting the City Commission Approve the March 26, 2012 City Commission Regular Meeting Minutes.
FISCAL IMPACT:
There is no specific Fiscal Impact to this Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE 7 OF 13
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 March 26, 2012 City Commission
Regular Meeting Minutes.
This Agenda Item was not discussed.
"MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER BROWN.
SECONDED BY COMMISSIONER KREBS. DISCUSSION.
VOTE:
COMMISSIONER RESNICK: AYE
DEPUTY MAYOR BONNER: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER BROWN: AYE
MOTION CARRIED.
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
300. Not Used
REPORTS
REPORTS
400. Office Of The City Attorney — Anthony A. Garganese, Esquire
No Report.
REPORTS
401. Office Of The City Manager — Kevin L. Smith
No Report.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE 8 OF 13
REPORTS
402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC
Deputy City Clerk Joan Brown had no Report.
REPORTS
403. Commissioner Seat Three /Deputy Mayor - The Honorable Gary Bonner
Deputy Mayor Bonner thanked the Parks and Recreation Department and stated "Brian Dunigan (Recreation and
Special Events Coordinator, Parks and Recreation Department and his Staff did a terrific job for the holiday event,
the Easter Egg Hunt at Trotwood Park. It was a really nice event." Deputy Mayor Bonner added, "The Sponsors
were generous in their support, so a nice event for our community."
REPORTS
404. Office Of Commissioner Seat Four - The Honorable Cade Resnick
Commissioner Cade Resnick also echoed the kudos that Deputy Mayor Bonner had for the Parks and Recreation
Department and the Easter Egg Hunt at Trotwood Park.
REPORTS
405. Office Of Commissioner Seat Five - The Honorable Joanne M. Krebs
Commissioner Joanne M. Krebs commented about the Policy related to absenteeism for our Advisory Boards and
Committees and the difference from how Florida Statutes governs Code Enforcement Board attendance, and
asked if the City Commission could reconsider the attendance requirements for the City's Advisory Boards and
Committees. Commissioner Krebs added, "I think we probably need to be at least in line how the State would see
it."
City Attorney Anthony A. Garganese commented on a provision for `Excused Absences' for Advisory Board and
Committee Members; to which Commissioner Krebs recommended, "Maybe you could look into it and then
maybe we could have the City Manager or you bring something back so that we can address that."
Attorney Garganese remarked, "The Florida Statutes does provide that the Chairman of the Code (Enforcement)
Board can grant `Excused' absences..." Commissioner Krebs stated, "...Correct." Attorney Garganese stated,
"I'll be happy to look at that issue if that's what the Commission wants."
City Manager Kevin L. Smith commented, "There's some things I'd like to look on that also; so, if you could
afford us an opportunity for Staff and Anthony (Garganese) to get together on this, we'll be happy to bring it back
to you, if that's your pleasure." Commissioner Krebs remarked, "Appreciate that." No objections were voiced.
Deputy Mayor Bonner summarized, "Consensus for you to do so Manager."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING APRIL 9, 2012 PAGE 9 OF 13
REPORTS
406. Office Of The Mayor - The Honorable Charles Lacey
Absent.
REPORTS
407. Office Of Commissioner Seat One - The Honorable Jean Hovey
Commissioner Jean Hovey mentioned that she had attended last week's Council of Local Governments in
Seminole County (CALNO) Meeting and that four (4) out of the seven (7) cities were not in favor of providing
money to the (Mud Walk) Environmental Studies Center. Commissioner Hovey added that Seminole State
College is looking at the possibility of this being a classroom for them which would then permit them to give
some funds towards that program. Discussion at last week's Council of Local Governments in Seminole County
(CALNO) meeting also included a proposed Train Station and related funding, and downtown development
efforts for the City of Longwood.
Next, Commissioner Hovey advised the City Commission about interviews for the Seminole County Public
Schools final three (3) Superintendent Candidates next Monday, April 16, 2012. The PTA (Parent- Teachers
Association) will be attending there and if anyone has any questions to ask the Candidates, they can email
Commissioner Hovey.
Next, Commissioner Hovey referenced a recent cell phone statement and specifically the "Taxes, Government
Surcharges and Fees" — "Winter Springs Communication Service Tax ". Manager Smith explained this money is
used for "Discretionary General Fund dollars" - to pay for services such as Police, Parks, and Recreation, etc."
Further discussion followed.
REPORTS
408. Office Of Commissioner Seat Two - The Honorable Rick Brown
Commissioner Rick Brown spoke of his schedule.
PUBLIC INPUT
Mr. Kevin Gilliam, 216 Williams Road, Winter Springs, Florida: mentioned that he lives on a pond that faces
Fisher Road and Williams Road and on his side of the pond, it is very shallow and filled with weeds and muck;
and asked if he could remove the muck from the pond, behind his house and develop a plan to control the muck.
Mr. Gilliam added, "I won't haul it off and I won't use heavy equipment - apparently there's some legal liability
with that. I'm willing to sign a Waiver or if the City will come with some people to remove the muck, I'll be
happy to pay for that as well. So, either way is acceptable to me."
Commissioner Krebs stated that she had visited this property, at Mr. Gilliam's request, with Manager Smith, Mr.
Kip Lockcuff, P.E., Director, Public Works/Utility Departments, and Mr. Brian Fields, P.E., City Engineer, Public
Works Department.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE 10 OF 13
Manager Smith commented that, "We do have a Pond Maintenance Program for this pond, and all our City ponds.
That program is a program that we've developed with the expertise of our Staff, and through communication via a
Survey with the affected property owners in Mr. Gilliam's neighborhood."
Continuing, Manager Smith noted, "The plan that we have instituted and maintained is consistent with the plan
that we have and the feedback that we've gotten from the majority of our residents; and secondly, it's somewhat
problematic when we have private citizens or anything other than a City vendor doing work on our City taxpayer
property - so, that's a difficult obstacle for me to overcome at this point; for me to allow Mr. Gilliam to proceed
as he would like to. And we're trying to certainly protect the best interest of the taxpayers. Now opposite of
that, I also want to make sure that we don't do anything to infringe on any rights that Mr. Gilliam may have as a
citizen and a property owner."
Manager Smith then added, "The City Attorney's Office, Anthony (Garganese) and his Staff are researching that
issue as we speak, and I understand that this is a time sensitive matter in talking with Mr. Gilliam and I
understand that, but I can't advise you short of having all that data."
Attorney Garganese stated, "I've been working with Staff for a little over a week right now. There are some Real
Estate issues, Title issues that we want to take a look at to make sure that what the City does is the proper course
of action and I've requested some Title work. This is a very old Plat, it goes back to 1958 which preceded the
Incorporation of the City. I should get that Title work back probably within the week; at which point I will work
with Staff and continue evaluating the issue."
Commissioner Brown asked, "So, we will be ready for the next meeting to get something back to us ?" Manager
Smith stated, "Assuming you all want this to come back to you? What I mean by that is - typically, we try to
work through these type of issues at the Staff level following the directives and the policies you all have laid out."
Manager Smith added, "At this point in time, again, based on the information I have and for the reasons of trying
to be consistent with what all the property owners want and the liability issues, I have to say `No'. But, we still
have an outstanding issue relative to what rights - Mr. Gilliam may have as a private property owner that Anthony
(Garganese) is researching."
Commissioner Brown then asked, "Timing wise, when can Mr. Gilliam expect to hear back from you ?"
Attorney Garganese replied, "It all depends - I just need to get the Title information back. It's possible that we
might be prepared in two (2) weeks from this evening." Commissioner Brown mentioned, "It doesn't have to
come back to us, just something that Mr. Gilliam can be comfortable with that somebody would be back in touch
with him." Manager Smith stated, "Certainly. We have been in contact and been in touch."
Deputy Mayor Bonner summarized to Mr. Gilliam, "What I hear our Manager is telling me and the Attorney is
that there is some additional research that is taking place on Title issues and so on; in order to get all the facts
together. And then, this is certainly an item that would normally be within the charge of the City Manager for
operating our City; and he will bring those facts within approximately a two (2) week timeframe; as soon as they
are available, back to your direct attention to share that information directly with you about your concern; and
then at that time, you would be making a decision, if that was satisfactory to the outcome of your goal, or if you
wanted to readdress it and bring forward this matter again to this body, the Commission. Absent that, the
Manager will exercise his authority as the Manager to resolve the matter to the extent that he is able to your
satisfaction and to the satisfaction of the goals of the City."
Ms. Avery Smith, 201 Arrowhead Court, Winter Springs, Florida: as a resident and an Estate Attorney, Ms. Smith
commented about some information she found related to the Tuscawilla Wall, Units 12/12A. Ms. Smith
mentioned a recorded Plat that had been surveyed and accepted by the Clerk of the Court as a platted subdivision
and did not understand why citizens could ask the City Commission for assistance when they were charged with
this via the documents she was referencing. Ms. Smith offered to donate her time, and noted that the Survey was
based on one individual's opinion.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE 11 OF 13
Commissioner Brown said to Attorney Garganese, "What have your discoveries found relative to what Ms. Smith
brought up ?"
Attorney Garganese addressed this matter and said that the City Commission can leave the Unit 12/12A Wall in
the right -of -way or perhaps could obtain another opinion on the Survey. Commissioner Brown said, "It sounds
like Ms. Smith is saying that the original documents show that Wall being on the individual properties and that it
is the individual..." Attorney Garganese commented, "...I haven't seen that particular document." Continuing,
Attorney Garganese remarked, "It would be interesting to see an original document or original Survey that shows
the location of the Wall. We don't have that information to examine."
Commissioner Resnick mentioned, "Would that make us the Guarantor of that Wall ?" Attorney Garganese
commented, "The Commission could decide that if the Wall was clearly in the right -of -way, it needs to come
down and be demolished. So, you're not guaranteeing the future maintenance of the Wall. There's been some
discussion regarding if the Wall was going to be maintained, that the City would then specially assess the property
owners who would then be responsible for paying."
Continuing, Commissioner Resnick then said to Attorney Garganese, "My question to you, which maybe you can
answer at a later time is the term "Guarantor"; so, if we can answer that at some point — with that Special
Assessment, are we the Guarantor of that Wall, or is it 12 and 12A ?"
Attorney Garganese remarked, "It would be like the TLBD (Tuscawilla Lighting and Beautification District)
improvements. Where the City has agreed to take on that obligation and assess the property owners for the cost of
that obligation. Whatever that cost would be in the future and that was the discussion that the Commission was
having about setting up that type of Assessment program. Special Assessment programs can be terminated by
law. They're not absolute. But once you take on an obligation like that, you're going to obviously have practical
difficulties with terminating it. It'll have some ramifications on, in this case the subdivision and TLBD
(Tuscawilla Lighting and Beautification District), and the TLBD (Tuscawilla Lighting and Beautification District)
in general for everyone."
Commissioner Krebs stated, "If Avery (Smith) had additional information that we did not have and that perhaps
you could take a look at it and maybe, there is some meaningful information there that we need to know that
would help us make our decision as well." Ms. Smith commented, "I actually talked to unit owners. They have
their original surveys, many of them and they also have their title policies." Continuing, Ms. Smith stated, "You
have a Developer who put forth a plan; you have a Plat that was recorded in the public records that clearly
delineated the Fence Easement. You have restricted Covenants, that envision a wall, and you have maintenance
being charged to the owner. No where is the City being asked to co -sign or to guarantee or to affirm any of this.
So, I think for spending City funds for this purpose, is not a good idea."
Deputy Mayor Bonner remarked to Ms. Smith, "I am sure that any information that you have uncovered, the
Attorney would be delighted to have the benefit of that." Ms. Smith stated, "Absolutely. Thanks."
Next, Commissioner Brown commented, "I was just going to suggest the same thing. I think that by Consensus,
maybe we should ask our City Attorney and our City Manager to review the information that Avery (Smith) has -
because it sounds like if everybody concurs that we may not be on the hook for any of it, which would be an
interesting turn of events I would like to investigate." Commissioner Krebs stated, "I agree with you."
Commissioner Hovey commented, "I agree." Deputy Mayor Bonner then added, "Sounds like a Consensus there.
Mr. Manager and Mr. Attorney, if you don't mind looking at perhaps this new information."
Lastly, Commissioner Brown mentioned, "And by full disclosure, I do have a meeting set up with Avery (Smith)
on Wednesday evening; so we will be talking about this some more; because she had called me and asked me
have a look at it as well."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 9, 2012 PAGE 12 OF 13
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Not Used
REGULAR AGENDA
REGULAR
600. Office of the City Attorney
REQUEST:
The City Attorney is requesting that the City Commission consider approving a Settlement Agreement and
Release of All Claims between the City and Lexon Insurance Company related to the Surety Bonds that
were provided for the Jesup's Landing project by the previous developer, Levitt & Sons of Seminole
County, LLC.
FISCAL IMPACT:
If the City Commission approves the Settlement Agreement, the City will receive settlement proceeds in the
amount of $30,000. On the other hand, if the City Commission rejects the settlement, the City may have to
expend attorney's fees and costs in the event the City decides to pursue future claims under the bonds.
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 Attorney and City Manager recommend that the City Commission approve the Settlement
Agreement and accept the $30,000.
Attorney Garganese stated, "This item involves a `Possible' future Claim that the City may have against Lexon
Insurance regarding the Surety Bonds involving Jesup's Landing. The Surety company has offered thirty
thousand dollars ($30,000.00) for release of any rights the City may have with respect to `Any' future Claim, and
I emphasize `Any' and `Possible'. So, the Insurance Company has gone ahead and executed the Settlement
Agreement. It's deposited thirty thousand dollars ($30,000.00) in my firm's Trust Account and the Manager and I
are recommending that you consider the Settlement Agreement and Approve."
"MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS. SECONDED BY
COMMISSIONER HOVEY. DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — APRIL 9, 2012 PAGE 13 OF 13
VOTE:
COMMISSIONER HOVEY: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER RESNICK: AYE
DEPUTY MAYOR BONNER: AYE
MOTION CARRIED.
PUBLIC INPUT
No one from the audience addressed the City Commission at this time.
Lastly, Commissioner Resnick acknowledged that some of his students were in attendance this evening.
Members of the City Commission welcomed the students and mentioned that they hoped they would attend again,
at another time.
ADJOURNMENT
Deputy Mayor Bonner adjourned the Regular Meeting at 5:50 p.m.
RESPECTFULLY SUBMITTED:
ANA ' LORENZO- LUACES, MMC, CITY CLERK AND
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D . 'UTY CITY CLERK
APPROVED:
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MA , O' C -{ ' e Y
NOTE: These Minutes were approved at the April 23, 2012 City Commission Regular Meeting.