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HomeMy WebLinkAbout2012 06 11 Consent 201 Unapproved Minutes from City Commission Meeting May 14 2012COMMISSION AGENDA ITEM 201 June 11, 2012 Regular Meeting Informational Consent X Public Hearings Regular City Manager ALLL Department REQUEST: Requesting the City Commission Approve the Monday, May 14, 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, May 14, 2012 City Commission Regular Meeting. Even though these Minutes are being submitted by the City Clerk, (with proofing by Office of the City Clerk Staff), no other party has required that changes be made to the Minutes before being submitted. These Minutes are being submitted by the City Clerk for the Approval by the City Commission. Consent 201 PAGE 1 OF 2 -June 11, 2012 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, 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, May 14, 2012 City Commission Regular Meeting Minutes. ATTACHMENTS: A - Unapproved Copy of the Monday, May 14, 2012 City Commission Regular Meeting Minutes (20 pages) Consent 201 PAGE 2 OF 2 -June 11, 2012 ATTACHMENT ? A T CITY OF WINTER SPRINGS, FLORIDA I ncorporated �) 5 9 J CITY COMMISSION MINUTES REGULAR MEETING MONDAY., MAY 1441 21112 - 5:15 Y.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 �nw.l��l7 S 3 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 14, 2012 PAGE 2 OF 24 CALL TO ORDER The Regular Meeting of Monday, May 14, 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). A moment of silence was held, followed by the Pledge of Allegiance. Brief comments. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department - Planning Division 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. No discussion. Roll Call: Mayor Charles Lacey, present Deputy Mayor Gary Bonner absent I moo Commissioner Jean Hovey, present Commissioner Rick Brown, present Commissioner Cade Resnick, arrived at 6:05 p.m. Commissioner Joanne M. Krebs, present MW 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. Brief comments. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department - Planning Division 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. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 14, 2012 PAGE 3 OF 24 INFORMATIONAL 101, Utility Department REQUEST: Utility Department Providing the City Commission with a copy of the Annual Consumer Confidence Report that will be sent to all potable water customers. FISCAL IMPACT: The printing cost for the CCR has been reduced from $4,000 to $1,500 by working with Utility Billing staff to print with the utility bill rather than a separate mailing. 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. The Consumer Confidence Report will be included in the water bills beginning with the June cycle. 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 KREBS. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CONSENT AGENDA CONSENT 200. Information Services Department REQUEST: The Information Services Department requests authorization to dispose of surplus assets according to the attached disposition sheets. r� w IMF- FISCAL IMPACT: There is no cost to dispose of these surplus assets. The City receives revenue generated from items sold at auction. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 14, 2012 PAGE 4 OF 20 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, eAlertleCitizen 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. This Agenda Item was not discussed. -`' CONSENT 201. Public Works Department REQUEST: The Public Works Department requests the City Commission approve the Winter Springs Village Phase 2 Replat and authorize the replat to be recorded. 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 recommends the City Commission approve the Winter Springs Village Phase 2 Replat, and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 141) 2012 PAGE 5 OF 20 CONSENT 202. office of the City Clerk REQUEST: Requesting the City Commission Approve the Monday, April 23, 2012 City Commission Regular Meeting Minutes, 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, eAlertleCitizen 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 23, 2012 City Commission Regular Meetin Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office of the Mayor REQUEST: Requesting The City Commission Receive a Presentation from Ms. Tara Hormel with the Children's Cabinet of Seminole County. •L� Ms. Tara Hormell, MA, BCBA, Vice Chair, Children's Cabinet of Seminole County: as the Vice Chair of the Children's Cabinet of Seminole County, Ms. Hormell addressed the Mayor and City Commission and during a PowerPoint presentation, spoke about their Vision and some of the recent projects they have been involved with such as "The Village "; "Family Connections "; "Pathways To Home "; and "Families and Communities Together ". CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MAY 141) 2012 PAGE b OF 24 Ms. Hormell concluded by mentioning how the City Commission could assist and also noted their meeting schedule. AWARDS AND PRESENTATIONS 301. office of the City Manager and office of the Chief of Police ME- REQUEST: Presenting The Following Awards And Commendations From The Winter Springs Police Department: The "officer Mark Messeguer Community Service" Award to Corporal Clark Schneider; rm-X!74 and the "Distinguished Service" Award to Code Enforcement Inspector Christie Flannigan. Chief of Police Kevin Brunelle, Police Department presented the "Officer Mark Messeguer Community Service" Award which was presented to Corporal Clark Schneider; and then Chief Brunelle presented Code Enforcement Inspector Christie Flannigan with the "Distinguished Service" Award. Mayor Lacey, Members of the City Commission, and City Manager Kevin L. Smith joined Chief Brunelle for with the Award recipients. photographs ients. P Manager Smith stated that regarding Corporal Schneider and from a financial standpoint, "It's important not just in the Police Department but all facets of the City that our employees be properly and well trained. Many of you know that in the corporate world, we would spend a lot of dollars on that and bring in outside Consultants and again, spend a lot of money — but to have someone like Clark (Schneider) who is just one of the many resources that are well trained, well certified to teach others, to teach our folks — just goes to the above and beyond that the Chief referred to." REPORTS REPORTS 400. Office of the City Attorney — Anthon A. Garganese, Esquire City Attorney Anthony A. Garganese noted that the Final Orders for both the State and Federal Atlantic Housing Case had been received and the Case is now formally Dismissed with Prejudice. Attorney Garganese then offered his commendations to Manager Smith and his Staff for "Expeditiously implementing the permitting aspects of the Settlement Agreement that the Commission approved." REPORTS 401, office of the City Manager --- Kevin L. Smith Manager Smith noted that at a recent City Commission meeting, "Commissioner (Rick) Brown had brought up the details regarding the Pop -Up Piano event that was forthcoming. At the end of the day for a variety of reasons, the Consensus of all involved were that that unveiling - and the event, will take place this Saturday at one o'clock that's the 19 th , ( May 2012) at the Oviedo Mall, in conjunction with the same unveiling with the folks at Boys Town of Central Florida." Manager Smith invited anyone interested to attend. Further comments followed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 141) 2012 PAGE 7 OF 20 REPORTS 402. Office of t he City Clerk — Andrea Lorenzo - Luaces, MMC No Report. REPORTS 403. Office of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Joanne M. Krebs stated, "I just wanted to thank Andrea (Lorenzo- Luaces, City Clerk) and her Staff for a i ob well done at Kee Wee for the Appreciation Dinner for the Boards. It was very nice and thank you." "I WOULD LIKE TO APPOINT SUZANNE WALKER" TO THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY. MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HoVEY. DISCUSSION. VOTE: COMMISSIONER HoVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REPORTS 404. office o f the Mayor --- The Honorable Charles Lacey Mayor Lacey stated, "I wanted to commend the Chief for working with Chief Hixon on the Prayer breakfast that we had here in Winter Springs. I think that was a wonderful event." Mayor Lacey mentioned that on a related note, some representatives from Metro Church who also attended the same event, called him to offer their compliments on the Chief, and Metro Church advised that they would be getting a new Pastor this June and they wanted to get more involved in the community with us. Next, Mayor Lacey recognized former Mayor John F. Bush for heading up the recent "Relay For Life" event. Mayor Lacey then acknowledged former Mayor Bush; Seminole County Commissioner/Winter Springs resident, John Horan; and former Winter Springs Commissioner Don Gilmore who all were in the audience. Continuing, Mayor Lacey then offered his thanks to Staff for the Arbor Day event and spoke of the many trees given away. Mayor Lacey mentioned that Winter Springs High School won the Character Key contest affiliated with Leadership Seminole and offered his congratulations to Winter Springs High School. Commissioner Brown asked when they will be available. Mayor Lacey agreed that their winning video is usually shown and said to Manager Smith, "It goes to you." Mayor Lacey then said to Commissioner Brown, "Soon, Commissioner." Further, Mayor Lacey commented about a recent Winter Springs High School class who had toured City Hall and stated, "I wanted to thank all the Department Heads for coming out and participating in that. They gave a five to ten (5 -10) minute overview of each of their Departments and an overview of what happens in municipal government and I think that was very Well received; so thank you to the Staff and the Department Heads. Kevin (Smith) was also participating in that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -- MAY 141) 2012 PAGE 8 OF 20 Mayor Lacey then spoke of attending a recent Council of Local Governments in Seminole County (CALNO) meeting and an issue previously discussed, which related to the (Mud Walk) Environmental Studies Center. Mayor Lacey explained that as our City Commission knows, we declined offering City funds as did the City of Casselberry; and other cities also did not offer money for funding this project. Mayor Lacey added that the (Mud Walk) Environmental Studies Center thus could become funded by the School Foundation, and perhaps Seminole County, and Seminole State College. Concluding his Report, Mayor Lacey also echoed what Commissioner Krebs said, "Commending Andrea (Lorenzo -Luace s) for the great job at Kee Wee. I think I have heard numerous compliments for how well that event went and how glad the Board Members were to come to that." REPORTS 405. Office of Commissioner Seat One — The Honorable Jean Hovey �--: Commissioner Jean Hovey commented on the Board and Committee Appreciation Dinner and remarked, "I thank Andrea (Lorenzo-Luaces) and her Staff because it was a great event." Commissioner Hovey went on to say that she thought that the venue was very nice and she planned to go back. Continuing, Commissioner Hovey also noted that one of their Advisory Boards was in attendance tonight and added that she wanted to thank all their Volunteers because their service is very appreciated. Lastly, Commissioner Hovey mentioned she had an opening to fill on the oak Forest Wall and Beautification District Advisory Committee and that if anyone was willing to serve on that Committee, to please advise. REPORTS 406. Office of Commissioner Seat Tw -- The Honorable Rick Brown Commissioner Brown agreed with what had been said and said, "Thank you." Next, Commissioner Brown noted for the Record about his schedule as it relates to the July 9 2012 City Commission Regular Meeting. REPORTS 407. office of Commissioner Seat Three/Deputy M ayor — The Honorable Gary Bonner Absent. REPORTS 408. Office of Commissioner Seat Four --- The Honorable Cade Resnick Commissioner Cade Resnick was not in attendance at this time. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 141) 2012 PAGE 9 OF 20 PUBLIC INPUT Mr. Hans Latotzke, 1 065 East State Road 434, Winter Springs, Florida: noted some concerns he had about the Senior Center related to computers used for tax preparation for Seniors, and whom bakery donations should be given to. Mayor Lacey said, "I will ask the Manager to look into it with the Senior Center." Mr. Latotzke also mentioned he had received a trespassing citation. Mr. Gary W Brook, 1631 Wood Duck Drive, Winter Springs, Florida: remarked about Regular Agenda Item "600 "; that he appreciated any changes that can be made to the Unit 12112A Wall; and reviewed the different suggested options. Mr. Brook summarized that his preference was first for "Option 2A" and his second choice "t=ri would be for "Option 2B "; and hoped that the City Commission would not make a final decision because "Our" Commissioner (Deputy Mayor Gary Bonner) could not be here this evening. Mr. Ted Johnson, 1107 Pheasant Circle, Winter Springs, Florida: representing the Tuscawilla Homeowner's Association, Mr. Johnson referenced a letter he just provided the Mayor and City Commission and read into the Record some of the points in the letter. Mr. Johnson added that he thought that the City should provide the leadership to solve this issue. Mr. Ken Greenberg, 1635 White Dove Drive, Winter Springs, Florida: mentioned that his home abuts Winter Springs Boulevard; that he is new to Winter Springs; commented on property values, and thought a fair solution should be considered. Mr. Greenberg also mentioned that the City should repair the wall and suggested a one- time Assessment to fix the wall, might be a possibility. Mr. Lee Lindsay, 1601 White Cloud Court, Winter Springs, Florida: noted that his property also abuts Winter Springs Boulevard; that he did not approve any of the suggested Options and thought that there are other Options that should be considered; that the Wall was not built to Code; and that this Wall affects all of Tuscawilla. Noting a previous situation involving the Tuscawilla Homeowner's Association, Mr. Lindsay said that the damaged part of the Wall needs to be fixed. Mr. Tim Jones, 1600 White Cloud Court, Winter Springs, Florida: commented on liability situations, the different options, the costs associated with an Assessment District; Homeowner's Associations; and what was done or not done years ago. Mr. Jones then suggested that "option 4" be modified to include a monetary contribution by the City to fix the portion of the wall in disrepair, and then have the City vacate the right -of -way to which homeowners would then be responsible for the upkeep /maintenance, and future issues could go before the Code Enforcement Board. Ms. Virginia Cassady, 1629 Wood Duck Drive, Winter Springs, Florida: mentioned she was an Attorney with certified experience in local government; said she did not understand why this was such an problem; other similar wall issues; that she has done other Special Assessments with municipalities supporting Assessments; suggested "Option 2A" be considered but thought that the City should contribute more than the thirty -two thousand dollars ($32,000.00); and said that it was too late to form a mandatory Homeowner's Association. Tape I /side B Continuing, Ms. Cassady commented on where the wall was built; property values; and hoped the City Commission would do the right thing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -- MAY 14, 2D 12 PAGE 10 OF 20 Mr. Arsenio Cabe, I10 Arrowhead Court, Winter Springs, Florida: remarked about previous issues related to this Wall; thought the City should not use dollars from residents in one part of the City to fix other areas of the City; and that the City should not be in the business of fixing walls in the City. Commissioner Resnick arrived at 6:05 p.m. Mayor Lacey noted Commissioner Resnick's arrival for the Record. Mr. John Horan, 1612 Wood Duck Drive, Tinter Springs, Florida: presented for the Record, an aerial from his closing documents which showed as of January 1, 1985, various areas around his property and that portions of the Wall around Unit 12112A were being built. Mr. Horan also commented on Homeowner's Associations; where the Wall is located; and that the City needs to solve this problem and fix past errors. ' Mr. Roger Monroe, 1667 Eagle Nest Circle, Tinter Springs, Florida: representing the Glen Eagle Homeowner's Association, Mr. Monroe said that they hoped the Wall would not be taken down and removed, but that the Wall should be repaired. Mr. Kevin Cannon, Post Office Box 3151, Orlando, Florida: commented on the City solving this issue; preferred a hybrid of the various options and thought that administrative related costs could be paid for by the City; did not think that any of the Unit 12/12A residents were trying to avoid paying anything; suggested a hybrid of "Option 2B" and the City paying administrative costs; that everyone in the area benefits from fountains, landscaping and this Wall; and that this Wall needs to be fixed. Ms. Pamela Carroll, 865 Dyson Drive, Tinter Springs, Florida: commented on the Building Code; agreed with "Option 2A" and also suggested that the City Commission should refrain from making a final decision until Deputy Mayor Bonner could be in attendance; spoke of curb appeal and back yards; and ingress and egress issues. Ms. Carroll in concluding her remarks, suggested that the City pay at least the thirty -two thousand dollars ($32,000.00) and possibly more. Mr. Jon Lee, 997 Sleeping Rock Court, Tinter Springs, Florida: commented on "Option 2A" and public safety issues along with his concern for the safety of school children, and thought that most if not all of the 150 feet needed to be fixed soon. Mr. Jack Rutherford, 1634 Winter Springs Boulevard, Tinter Springs, Florida: noted his property did not abut the Wall; spoke for the Record about the City funding the repair of the Wall and some kind of maintenance, although he thought a brick Wall did not need much maintenance; and that the City should repair the Wall, and not take the Wall completely down. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department - Planning Division REQUEST: The Community Development Department requests the City Commission hold a public hearing to consider a Conceptual Plan for a single- family development located on Dovera Drive, north of Red Bug Lake Road, within the Oviedo Marketplace PUD and Development of Regional Impact CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 14, 2012 PAGE l 1 OF 20 FISCAL IMPACT: The potential tax revenue of the proposed project is as follows: Fee Simple Single Family Residential Units — 36 units Units 2,450 square feet assessed at 90 square foot: $7,938,000 assessed tax value $7,938,00011000 = 7,938.00 $7,938.00 (2.5600) = $20 $20,321.28 (less the 4% statutory discount) $19,508.43 tax revenue 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. A yellow sign noting the date and time of the public hearing has been erected on the property. RECOMMENDATION: Staff recomm that City Commission approve the Viera Parcel 14B Conceptual Plan. Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department began the discussion on this Agenda Item. Mayor Lacey opened the "Public Input " portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input "portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. MAYOR LACEY SUMMARIZED, MOTION "TO APPROVE THE CONCEPTUAL PLAN UNDER ITEM `500'." VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. Cos- CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 14, 2012 PAGE 12 OF 20 PUBLIC HEARINGS 501. Community Development Department REQUEST: The Community Development Department requests the City Commission hold a Public Hearing to consider the Aesthetic Review for a single- family development located on Dovera Drive, north of Red Bug Lake Road, within the Oviedo Marketplace PUD (and Development of Regional Impact). FISCAL IMPACT: The potential tax revenue of the proposed project is as follows: Fee Simple Single Family Residential Units — 36 units Units 2,450 square feet assessed at 90 square foot: $7,938,000 assessed tax value $7,938,00011000 = 7,938.00 $7 (2.5600) = $20 $20,321.28 (less the 4% statutory discount) $19,548.43 tax revenue 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. A yellow sign noting the date and time of the public hearing has been erected on the property. RECOMMENDATION: Staff recommends that the City Commission approve the aesthetic review package for the Viera Parcel 14B development. Mr. Woodruff introduced this Agenda Item and noted, "Staff is recommending Approval." 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. Continuing, Mayor Lacey inquired, "Is there a Motion to approve the Aesthetic Review ?" "MOTION TO APPROVE." MOTION BY COMMISSIONER HOVEY. COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. SECONDED BY r 3 •y CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 14, 2012 PAGE 13 OF 20 PUBLIC HEARINGS 502. Office of the City Attorney REQUEST: The City Attorney and the City Clerk request that the City Commission consider on First Reading, Ordinance 2012 -08, which revises the City's existing requirements for City boards and committees related to board and committee member attendance, and makes other, minor revisions. FISCAL IMPACT: There is no fiscal impact resulting from the adoption of this ordinance except for legal advertising required by Florida law prior to second/final reading. 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 Clerk recommend the City Commission approve Ordinance 2012 -08 on First Reading and move it to a Second Reading at the next regularly scheduled City Commission meeting. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2012 -08 by "Title" only and spoke of two (2) technical changes and one (1) more substantive change related to possibly adding in a provision for excused absences. Discussion followed on absences and that a problem does not really exist as the City Commission has the ability to make Re- Appointments if they wished to; situations with Board/Committee Members who might be sick or in an accident; not giving all leverage regarding absences to the Boards /Committees, instead of the City Commission; and quorum issues. Mayor Lacey pointed out, "Absences are absences and after a certain number, then someone is automatically removed from the Board, and as Commissioner Brown suggested, there is a remedy for that and that if there is a reason that the Commission wants to review, it is very easy to simply Re- Appoint that person back to the Board." Commissioner Krebs stated, "I am fine with that, but I think that every Board Member should be given that information, because I think in the past - and this is not to blame anybody here; but in the past, unless they are told that, they don't know that." Commissioner Krebs added, "There are extenuating circumstances in some instances; and I think if we have that option available — we communicate to our Boards that there is that option, that they would understand that the absences doesn't mean it is unexcused, or excused, it's just an absence. Then I am fine with it." . . � 4 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 14, 2312 PAGE 14 OF 20 Manager Smith noted, "I think Commissioner Krebs brings up an excellent point. Communication and proper notification of all our Chairs and Board Members is incumbent upon Staff and very important, regardless of whichever route you all go, it would be my intention to work with Andrea (Lorenzo- Luaces) and to make sure that every Staff Liaison at the next Board meeting of each of our Boards, that this particular outcome is clearly communicated - rules, regulations on absences, and so on and so forth." Commissioner Hovey suggested, "Maybe we can have an informational sheet we give each Committee or Board Member" related to absences and other associated information. City Clerk Lorenzo- Luaces mentioned past information that was provided to Board/Committee Members, including orientation packets and added, "I will make sure it is enforced." Further comments. Commissioner Brown said to City Clerk Lorenzo- Luaces, "I know you will find the most expedient way of doing that — could it not be just something on the Informational Agenda ?" City Clerk Lorenzo- Luaces responded, "Of course." Mayor Lacey opened the "Public Input " portion of the Agenda Item. Mr. Arsenio Calle, 110 Arrowhead Court, Tinter Springs, Florida: suggested that Appointing Alternate Members to all the Boards /Committees would help when there are absences; and that if the requirements are too stringent, then it might be tough to find Board/Committee Members. Mayor Lacey closed the "Public Input " portion of the Agenda Item. Summarizing, Mayor Lacey stated, "I think we have a Consensus that we want to make the technical corrections and leave the Absence Policy intact; so, presuming that is the case, there are a couple of ways we can go." The technical changes were reviewed again and Attorney Garganese clarified the language in the proposed Ordinance and referenced the following wording in the ordinance, "`or for boards and committees that regularly meet on a quarterly or more frequent basis' - that's the technical change. Everything else, based on what I'm reading from the Commission, would be revised, eliminated and then brought back to you for Second Reading." Mayor Lacey said to Attorney Garganese, "Are you comfortable with the direction if we pass it on First Reading, that you know what is intended ?" Attorney Garganese agreed. Mayor Lacey then asked if the City Commission agreed. "MOTION TO MOVE TO SECOND." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MANAGER SMITH SAID TO ATTORNEY GARGANESE, "DID YOU CATCH THE ONE THAT DELETES THE ONE THAT DELETES THE WORD `COMMISSION' WHEN IT'S..." ATTORNEY GARGANESE SAID, "...YES." CITY CLERK LORENZO- LUACES SAID TO ATTORNEY GARGANESE, "THERE'S NO PROBLEM WITH THE ADVERTISING ?" ATTORNEY GARGANESE REMARKED, "NO, AS LONG AS YOU ADVERTISED THE TITLE IN THE ORDINANCE, YOU'RE FINE." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 14, 2012 PAGE 15 OF 20 VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS : AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Public Works Department REQUEST: The Public Works Department requesting the City Commission hold a Public Hearing for the first reading � of Ordinance 2012 -04 amending Section 12 -52 of the City Code regarding vehicular speed limits. � FISCAL IMPACT: Ordinance 2012 -04 has no fiscal impact. 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 approve the first reading of ordinance 2412 -04 and move the Ordinance forward to second and final reading. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read ordinance 2012 -04 by "Title" only and commented on the planned process. Mr. Brian Fields, P.E., City Engineer, Public Works Department spoke of recent actions and explained, "In order to remove any doubt, we're just going to do a City -wide study, a complete review of the ordinance and just get everything tightened up, so that the speed limits are very clear, up -to -date and in accordance with Florida Law. So, this is the first step is the First Reading of this ordinance. At the next Meeting, will hopefully be Second Reading, and then following that, the Resolution that Anthony (Garganese) spoke about which will Adopt the Speed Study and the Speed Limit Map." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING --- MAY 14, 2012 PAGE 16 OF 20 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. Continuing, Mayor Lacey asked, "Is there a Motion to Move to Second Reading?" "YES, SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. SUMMARIZING, MAYOR LACEY STATED, "MOTION TO MOVE ORDINANCE 2012 -04 TO SECOND READING." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 640. The Public Works and Community Development Departments REQUEST: The Public Works and Community Development Departments are requesting that the City Commission: (1) Affirm Staff s conclusion that the Tuscawilla Units 12/12A wall is in various states of disrepair and should be demolished and removed, replaced, or placed on a rehabilitation program for the ongoing repair, maintenance, and periodic upgrade of the wall; and (2) Review several options related to addressing the potential safety hazard concerns of the Tuscawilla Units 12/12A wall and provide final direction regarding the City's handling of those concerns. FISCAL IMPACT: This agenda item is requesting the City Commission to review all available information and provide final direction related to addressing the potential safety hazard concerns of the Tuscawilla Units 12/12A wall. The financial impact on the City will depend on the final direction given by the City Commission. Estimated financial impacts for the various options are stated above. 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 — MAY 141) 20I2 PAGE 17 OF 20 A meeting notice has been mailed to all 90 Tuscawilla Units 12112A property owners which included a link for downloading or viewing the complete agenda item in advance of the meeting. RECOMMENDATION: Staff recommends that the City Commission: Affirm Staffs conclusion that the Tuscawilla Units 12112A wall is in disrepair and should be demolished and removed, replaced, or placed on a rehabilitation program for the ongoing repair, maintenance, and periodic upgrade of the wall. Review the options for the Tuscawilla Units 12112A wall as outlined herein in order to provide final direction related to addressing the potential safety hazard concerns of the Tus cawilla Units 12112A wall. Manager Smith began the discussion on this Agenda Item and reviewed previous discussions and Workshops. Tape 2/Side A Mr. Fields reviewed some of the basics of the Units 12112A Wall and this issue; along with liability matters and the suggested Options. Discussion followed on whether Deputy Mayor Bonner should be a part of the final Vote to decide this issue; and whether the residents present were in favor of Deputy Mayor Bonner being present for a final decision and related Vote. Mayor Lacey remarked, "I am perfectly fine with postponing it to the next meeting, as long as we are not inconveniencing the twenty (20) or thirty (30) people who showed up here tonight." Mayor Lacey added, "I am getting the general sense that the audience would be just as happy if we wait two (2) weeks and address it there with the full Commission here." "1 WILL MAKE THE MOTION THAT WE POSTPONE FOR A DATE CERTAIN — WOULD BE THE SECOND MEETING IN MAY." MOTION BY COMMISSIONER BROWN. THE DATE FOR THIS MEETING WAS CLARIFIED AS TUESDAY, MAY 29 20120 SECONDED BY COMMISSIONER KREBS. DISCUSSION. COMMISSIONER BROWN NOTED HE THOUGHT HE WOULD MOST LIKELY BE HERE IN TOWN FOR THE MEETING. MANAGER SMITH REFERENCED THE IMPORTANCE OF COMMUNICATION AND FISCAL RESPONSIBILITY AND SAID, "WE NOTICED ALL NINETY (90) PROPERTY OWNERS WITH A HARD MAIL - A SNAIL MAIL NOTIFICATION. WOULD THE COMMISSION'S DESIRE BE TO DO THAT AGAIN AND INCUR THAT COST TO DO SO, FOR THE RESCHEDULING ?" DISCUSSION FOLLOWED ON THE APPROXIMATE COSTS." COMMISSIONER KREBS AND COMMISSIONER BROWN SAID, "YES." NO OBJECTIONS WERE VOICED. FURTHER COMMENTS FOLLOWED. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MAY 14, 2d 12 PAGE 18 OF 20 Commissioner Krebs then remarked, "It is not my intention to kick the can down the road, or anybody else on this. I think we are trying to find the best solution to this problem that we know has been there." Commissioner Krebs added, "Really, we are looking for a fair solution that benefits all citizens of Winter Springs including those in 12 and 12A. And I think everybody up here feels that." Mayor Lacey stated for Record that the Motion passed. REGULAR 601. Office of the City Clerk REQUEST: The City Clerk requests that the City Commission hear a presentation from the Board of Trustees 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, 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. 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 Board of Trustees. The Board of Trustees has also discussed this matter a couple of times at recent Board meeting(s), prior to attending this City Commission Regular Meeting. Additionally, this Agenda Item will be forwarded to the Members of the Board of Trustees prior to the May 14, 2012 City Commission Regular Meeting. RECOMMENDATION: The City Commission is being asked to hear from members of the Board of Trustees and discuss any matters they deem of interest with the Board of Trustees and City Staff, as applicable. Board of Trustees Chairperson Maria Fair introduced herself and mentioned Board Member Shelley Burlon - who could not be in attendance tonight, but had been sent an email to the City. The other Members of the Board of Trustees, Board Member Frank Mundo, Vice Chairperson Barbara Watkins, and Board Member Brian Fricke each introduced themselves. Chairperson Fair reviewed various actions of the Board of Trustees since 2009 and noted that a new Actuary was hired; there was concern for more sustainability for the Plan; and that some meetings with the City Commission had been held. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 14, 2012 PAGE 19 OF 20 Continuing, Chairperson Fair remarked, "We did a variety of special studies that enabled us to determine proper reforms that we could really make with the Pension Plan; and throughout a period of time, we actually put some of those steps in place and we reformed the Pension Plan and it included a lot of savings to the City. I think over the next thirty (30) years, that we will reduce the liability to the City's Pension Plan of about thirty million dollars ($30,000,000.00), so that enables us to really put us on a much better trajectory going forward. We also created a more diversified portfolio for the City employees by adding some additional Investment Policy language that we had lacked in the past. We did that actually last year. We added some additional benchmarks to more appropriately reflect the Investment Policy of the Plan." Regarding going forward, Chairperson Fair noted some changes they are envisioning such as, "Looking at ways to save additional money, and to create more administrative cost efficiencies across the board; so, we're going to be over probably the coming months looking at those things, and those items will probably come to you for ultimate decision." Additional comments followed. Commissioner Resnick asked about the reference to reducing administration costs of the Plan, to which Chairperson Fair said, "Although there is really nothing - that we have in writing at this point, one of the things that we requested to the Bogdahn Group is, are the Plan Managers willing to consider reducing our Fee, based on the amount of assets that are being managed. As the assets within a single Plan Manager grow, often times you can qualify for breakpoints or other concessions. So, that would certainly be one of the ways we would consider it." Further discussion. Next, Commissioner Brown offered his thanks and commented on the higher quality of the data that they have been provided. Additionally, Commissioner Brown said, "I just want to thank you for having such a professional approach to a volunteer position, and really taking it as serious and as professionally as you do. It has made a huge impact to the City. Thanks!" Commissioner Krebs agreed with what Commissioner Brown said, and complimented Chairperson Fair for her expertise and qualifications. With further comments, Chairperson Fair added, "I can tell you that I am absolutely incredibly confident that we have a very capable and willing Board." Discussion. The Investment Policy was briefly addressed. Lastly, the Members of the Board of Trustees were again thanked. PUBLIC INPUT No one addressed the City Commission at this time. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING MAY 14, 20 12 PAGE 20 OF 20 ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 7:16 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO- LUACES, MMC CITY CLERK APPROVED: MAYOR CHARLES LAC EY NOTE: These Minutes were approved at the , 2012 City Commission Regular Meeting. CITY OF WINTER SPRINGS, FLORIDA 04 � �• Z U cr1 Incorporated 199 CITY COMMISSION MINUTES REGULAR MEETING MONDAY, MAY 14, 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-MAY 14,2012 PAGE 2 OF 20 CALL TO ORDER The Regular Meeting of Monday, May 14, 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 absent Commissioner Jean Hovey, present Commissioner Rick Brown, present Commissioner Cade Resnick, arrived at 6:05 p.m. 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. Brief comments. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department-Planning Division 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. No discussion. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-MAY 14,2012 PAGE 3 OF 20 INFORMATIONAL 101. Utility Department REQUEST: Utility Department Providing the City Commission with a copy of the Annual Consumer Confidence Report that will be sent to all potable water customers. FISCAL IMPACT: The printing cost for the CCR has been reduced from $4,000 to $1,500 by working with Utility Billing staff to print with the utility bill rather than a separate mailing. 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. The Consumer Confidence Report will be included in the water bills beginning with the June cycle. 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 KREBS. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CONSENT AGENDA CONSENT 200. Information Services Department REQUEST: The Information Services Department requests authorization to dispose of surplus assets according to the attached disposition sheets. FISCAL IMPACT: There is no cost to dispose of these surplus assets. The City receives revenue generated from items sold at auction. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-MAY 14,2012 PAGE 4 OF 20 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. This Agenda Item was not discussed. CONSENT 201. Public Works Department REQUEST: The Public Works Department requests the City Commission approve the Winter Springs Village Phase 2 Replat and authorize the replat to be recorded. 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 recommends the City Commission approve the Winter Springs Village Phase 2 Replat, and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. No discussion. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-MAY 14,2012 PAGE 5 OF 20 CONSENT 202. Office of the City Clerk REQUEST: Requesting the City Commission Approve the Monday, April 23, 2012 City Commission Regular Meeting Minutes. 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 23, 2012 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office of the Mayor REQUEST: Requesting The City Commission Receive a Presentation from Ms. Tara Hormel with the Children's Cabinet of Seminole County. Ms. Tara Hormell, M4, BCBA, Vice Chair, Children's Cabinet of Seminole County: as the Vice Chair of the Children's Cabinet Of Seminole County, Ms. Hormell addressed the Mayor and City Commission and during a PowerPoint presentation, spoke about their Vision and some of the recent projects they have been involved with such as"The Village"; "Family Connections"; "Pathways To Home"; and"Families and Communities Together". CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-MAY 14,2012 PAGE 6 OF 20 Ms. Hormell concluded by mentioning how the City Commission could assist and also noted their meeting schedule. AWARDS AND PRESENTATIONS 301. Office of the City Manager and Office of the Chief of Police REQUEST: Presenting The Following Awards And Commendations From The Winter Springs Police Department: The "Officer Mark Messeguer Community Service" Award to Corporal Clark Schneider; and the "Distinguished Service" Award to Code Enforcement Inspector Christie Flannigan. Chief of Police Kevin Brunelle, Police Department presented the "Officer Mark Messeguer Community Service" Award which was presented to Corporal Clark Schneider; and then Chief Brunelle presented Code Enforcement Inspector Christie Flannigan with the "Distinguished Service" Award. Mayor Lacey, Members of the City Commission, and City Manager Kevin L. Smith joined Chief Brunelle for photographs with the Award recipients. Manager Smith stated that regarding Corporal Schneider and from a financial standpoint, "It's important not just in the Police Department but all facets of the City that our employees be properly and well trained. Many of you know that in the corporate world, we would spend a lot of dollars on that and bring in outside Consultants and again, spend a lot of money— but to have someone like Clark (Schneider) who is just one of the many resources that are well trained, well certified to teach others, to teach our folks—just goes to the above and beyond that the Chief referred to." REPORTS REPORTS 400. Office of the City Attorney—Anthony A. Garganese,Esquire City Attorney Anthony A. Garganese noted that the Final Orders for both the State and Federal Atlantic Housing Case had been received and the Case is now formally Dismissed with Prejudice. Attorney Garganese then offered his commendations to Manager Smith and his Staff for"Expeditiously implementing the permitting aspects of the Settlement Agreement that the Commission approved." REPORTS 401. Office of the City Manager—Kevin L. Smith Manager Smith noted that at a recent City Commission meeting, "Commissioner (Rick) Brown had brought up the details regarding the Pop-Up Piano event that was forthcoming. At the end of the day for a variety of reasons, the Consensus of all involved were that that unveiling- and the event, will take place this Saturday at one o'clock that's the 19th, (May 2012) at the Oviedo Mall, in conjunction with the same unveiling with the folks at Boys Town of Central Florida." Manager Smith invited anyone interested to attend. Further comments followed. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-MAY 14,2012 PAGE 7 OF 20 REPORTS 402. Office of the City Clerk—Andrea Lorenzo-Luaces,MMC No Report. REPORTS 403. Office of Commissioner Seat Five—The Honorable Joanne M.Krebs Commissioner Joanne M. Krebs stated, "I just wanted to thank Andrea(Lorenzo-Luaces, City Clerk)and her Staff for a job well done at Kee Wee for the Appreciation Dinner for the Boards. It was very nice and thank you." "I WOULD LIKE TO APPOINT SUZANNE WALKER" TO THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY. MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REPORTS 404. Office of the Mayor—The Honorable Charles Lacey Mayor Lacey stated, "I wanted to commend the Chief for working with Chief Hixon on the Prayer breakfast that we had here in Winter Springs. I think that was a wonderful event." Mayor Lacey mentioned that on a related note, some representatives from Metro Church who also attended the same event, called him to offer their compliments on the Chief, and Metro Church advised that they would be getting a new Pastor this June and they wanted to get more involved in the community with us. Next,Mayor Lacey recognized former Mayor John F. Bush for heading up the recent"Relay For Life"event. Mayor Lacey then acknowledged former Mayor Bush; Seminole County Commissioner/Winter Springs resident, John Horan; and former Winter Springs Commissioner Don Gilmore who all were in the audience. Continuing, Mayor Lacey then offered his thanks to Staff for the Arbor Day event and spoke of the many trees given away. Mayor Lacey mentioned that Winter Springs High School won the Character Key contest affiliated with Leadership Seminole and offered his congratulations to Winter Springs High School. Commissioner Brown asked when they will be available. Mayor Lacey agreed that their winning video is usually shown and said to Manager Smith, "It goes to you." Mayor Lacey then said to Commissioner Brown, "Soon, Commissioner." Further, Mayor Lacey commented about a recent Winter Springs High School class who had toured City Hall and stated, "I wanted to thank all the Department Heads for coming out and participating in that. They gave a five to ten (5-10) minute overview of each of their Departments and an overview of what happens in municipal government and I think that was very well received; so thank you to the Staff and the Department Heads. Kevin (Smith)was also participating in that." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-MAY 14,2012 PAGE 8 OF 20 Mayor Lacey then spoke of attending a recent Council of Local Governments in Seminole County (CALNO) meeting and an issue previously discussed, which related to the (Mud Walk) Environmental Studies Center. Mayor Lacey explained that as our City Commission knows, we declined offering City funds as did the City of Casselberry; and other cities also did not offer money for funding this project. Mayor Lacey added that the (Mud Walk)Environmental Studies Center thus could become funded by the School Foundation, and perhaps Seminole County, and Seminole State College. Concluding his Report, Mayor Lacey also echoed what Commissioner Krebs said, "Commending Andrea (Lorenzo-Luaces) for the great job at Kee Wee. I think I have heard numerous compliments for how well that event went and how glad the Board Members were to come to that." REPORTS 405. Office of Commissioner Seat One—The Honorable Jean Hovey Commissioner Jean Hovey commented on the Board and Committee Appreciation Dinner and remarked, "I thank Andrea (Lorenzo-Luaces) and her Staff because it was a great event." Commissioner Hovey went on to say that she thought that the venue was very nice and she planned to go back. Continuing, Commissioner Hovey also noted that one of their Advisory Boards was in attendance tonight and added that she wanted to thank all their Volunteers because their service is very appreciated. Lastly, Commissioner Hovey mentioned she had an opening to fill on the Oak Forest Wall and Beautification District Advisory Committee and that if anyone was willing to serve on that Committee,to please advise. REPORTS 406. Office of Commissioner Seat Two—The Honorable Rick Brown Commissioner Brown agreed with what had been said and said, "Thank you." Next, Commissioner Brown noted for the Record about his schedule as it relates to the July 9th, 2012 City Commission Regular Meeting. REPORTS 407. Office Of Commissioner Seat Three/Deputy Mayor—The Honorable Gary Bonner Absent. REPORTS 408. Office of Commissioner Seat Four—The Honorable Cade Resnick Commissioner Cade Resnick was not in attendance at this time. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—MAY 14,2012 PAGE 9 OF 20 PUBLIC INPUT Mr. Hans Latotzke, 1065 East State Road 434, Winter Springs, Florida: noted some concerns he had about the Senior Center related to computers used for tax preparation for Seniors, and whom bakery donations should be given to. Mayor Lacey said,"I will ask the Manager to look into it with the Senior Center." Mr. Latotzke also mentioned he had received a trespassing citation. Mr. Gary W. Brook, 1631 Wood Duck Drive, Winter Springs, Florida: remarked about Regular Agenda Item "600"; that he appreciated any changes that can be made to the Unit 12/12A Wall; and reviewed the different suggested options. Mr. Brook summarized that his preference was first for "Option 2A" and his second choice would be for "Option 2B"; and hoped that the City Commission would not make a final decision because "Our" Commissioner(Deputy Mayor Gary Bonner)could not be here this evening. Mr. Ted Johnson, 1107 Pheasant Circle, Winter Springs, Florida: representing the Tuscawilla Homeowner's Association, Mr. Johnson referenced a letter he just provided the Mayor and City Commission and read into the Record some of the points in the letter. Mr. Johnson added that he thought that the City should provide the leadership to solve this issue. Mr. Ken Greenberg, 1635 White Dove Drive, Winter Springs, Florida: mentioned that his home abuts Winter Springs Boulevard; that he is new to Winter Springs; commented on property values, and thought a fair solution should be considered. Mr. Greenberg also mentioned that the City should repair the wall and suggested a one- time Assessment to fix the Wall, might be a possibility. Mr. Lee Lindsay, 1601 White Cloud Court, Winter Springs, Florida: noted that his property also abuts Winter Springs Boulevard; that he did not approve any of the suggested Options and thought that there are other Options that should be considered;that the Wall was not built to Code; and that this Wall affects all of Tuscawilla. Noting a previous situation involving the Tuscawilla Homeowner's Association, Mr. Lindsay said that the damaged part of the Wall needs to be fixed. Mr. Tim Jones, 1600 White Cloud Court, Winter Springs, Florida: commented on liability situations, the different options, the costs associated with an Assessment District; Homeowner's Associations; and what was done or not done years ago. Mr. Jones then suggested that "Option 4" be modified to include a monetary contribution by the City to fix the portion of the wall in disrepair, and then have the City vacate the right-of-way to which homeowners would then be responsible for the upkeep/maintenance, and future issues could go before the Code Enforcement Board. Ms. Virginia Cassady, 1629 Wood Duck Drive, Winter Springs, Florida: mentioned she was an Attorney with certified experience in local government; said she did not understand why this was such an problem; other similar wall issues; that she has done other Special Assessments with municipalities supporting Assessments; suggested "Option 2A" be considered but thought that the City should contribute more than the thirty-two thousand dollars ($32,000.00); and said that it was too late to form a mandatory Homeowner's Association. Tape 1/Side B Continuing, Ms. Cassady commented on where the wall was built; property values; and hoped the City Commission would do the right thing. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-MAY 14,2012 PAGE 10 OF 20 Mr. Arsenio Calle, 110 Arrowhead Court, Winter Springs, Florida: remarked about previous issues related to this Wall; thought the City should not use dollars from residents in one part of the City to fix other areas of the City; and that the City should not be in the business of fixing walls in the City. Commissioner Resnick arrived at 6:05 p.m. Mayor Lacey noted Commissioner Resnick's arrival for the Record. Mr. John Horan, 1612 Wood Duck Drive, Winter Springs, Florida: presented for the Record, an aerial from his closing documents which showed as of January 1, 1986,various areas around his property and that portions of the Wall around Unit 12/12A were being built. Mr. Horan also commented on Homeowner's Associations; where the Wall is located; and that the City needs to solve this problem and fix past errors. Mr. Roger Monroe, 1667 Eagle Nest Circle, Winter Springs, Florida: representing the Glen Eagle Homeowner's Association, Mr. Monroe said that they hoped the Wall would not be taken down and removed, but that the Wall should be repaired. Mr. Kevin Cannon, Post Office Box 3151, Orlando, Florida: commented on the City solving this issue; preferred a hybrid of the various options and thought that administrative related costs could be paid for by the City; did not think that any of the Unit 12/12A residents were trying to avoid paying anything; suggested a hybrid of"Option 2B" and the City paying administrative costs; that everyone in the area benefits from fountains, landscaping and this Wall; and that this Wall needs to be fixed. Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: commented on the Building Code; agreed with "Option 2A" and also suggested that the City Commission should refrain from making a final decision until Deputy Mayor Bonner could be in attendance; spoke of curb appeal and back yards; and ingress and egress issues. Ms. Carroll in concluding her remarks, suggested that the City pay at least the thirty-two thousand dollars ($32,000.00)and possibly more. Mr. Jon Lee, 997 Sleeping Rock Court, Winter Springs, Florida: commented on "Option 2A" and public safety issues along with his concern for the safety of school children, and thought that most if not all of the 150 feet needed to be fixed soon. Mr. Jack Rutherford, 1634 Winter Springs Boulevard, Winter Springs, Florida: noted his property did not abut the Wall; spoke for the Record about the City funding the repair of the Wall and some kind of maintenance, although he thought a brick Wall did not need much maintenance; and that the City should repair the Wall, and not take the Wall completely down. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department-Planning Division REQUEST: The Community Development Department requests the City Commission hold a public hearing to consider a Conceptual Plan for a single-family development located on Dovera Drive, north of Red Bug Lake Road, within the Oviedo Marketplace PUD and Development of Regional Impact CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-MAY 14,2012 PAGE 11 OF 20 FISCAL IMPACT: The potential tax revenue of the proposed project is as follows: Fee Simple Single Family Residential Units—36 units Units 2,450 square feet assessed at 90 square foot: $7,938,000 assessed tax value$7,938,000/1000=7,938.00 $7,938.00(2.5600)=$20,321.28 $20,321.28(less the 4% statutory discount) $19,508.43 tax revenue 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. A yellow sign noting the date and time of the public hearing has been erected on the property. RECOMMENDATION: Staff recommends that City Commission approve the Viera Parcel 14B Conceptual Plan. Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department began the discussion on this Agenda Item. Mayor Lacey opened the "Public Input"portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input"portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. MAYOR LACEY SUMMARIZED, MOTION "TO APPROVE THE CONCEPTUAL PLAN UNDER ITEM `500'." VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-MAY 14,2012 PAGE 12 OF 20 PUBLIC HEARINGS 501. Community Development Department REQUEST: The Community Development Department requests the City Commission hold a Public Hearing to consider the Aesthetic Review for a single-family development located on Dovera Drive, north of Red Bug Lake Road,within the Oviedo Marketplace PUD (and Development of Regional Impact). FISCAL IMPACT: The potential tax revenue of the proposed project is as follows: Fee Simple Single Family Residential Units—36 units Units 2,450 square feet assessed at 90 square foot: $7,938,000 assessed tax value $7,938,000/1000=7,938.00 $7,938.00(2.5600)=$20,321.28 $20,321.28(less the 4% statutory discount)$19,508.43 tax revenue 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. A yellow sign noting the date and time of the public hearing has been erected on the property. RECOMMENDATION: Staff recommends that the City Commission approve the aesthetic review package for the Viera Parcel 14B development. Mr. Woodruff introduced this Agenda Item and noted,"Staff is recommending Approval." 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. Continuing, Mayor Lacey inquired, "Is there a Motion to approve the Aesthetic Review?" "MOTION TO APPROVE." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-MAY 14,2012 PAGE 13 OF 20 PUBLIC HEARINGS 502. Office of the City Attorney REQUEST: The City Attorney and the City Clerk request that the City Commission consider on First Reading, Ordinance 2012-08,which revises the City's existing requirements for City boards and committees related to board and committee member attendance,and makes other,minor revisions. FISCAL IMPACT: There is no fiscal impact resulting from the adoption of this Ordinance except for legal advertising required by Florida law prior to second/final reading. 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 Clerk recommend the City Commission approve Ordinance 2012-08 on First Reading and move it to a Second Reading at the next regularly scheduled City Commission meeting. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2012-08 by "Title" only and spoke of two (2) technical changes and one (1) more substantive change related to possibly adding in a provision for excused absences. Discussion followed on absences and that a problem does not really exist as the City Commission has the ability to make Re-Appointments if they wished to; situations with Board/Committee Members who might be sick or in an accident; not giving all leverage regarding absences to the Boards/Committees, instead of the City Commission; and quorum issues. Mayor Lacey pointed out, "Absences are absences and after a certain number, then someone is automatically removed from the Board, and as Commissioner Brown suggested, there is a remedy for that and that if there is a reason that the Commission wants to review, it is very easy to simply Re-Appoint that person back to the Board." Commissioner Krebs stated, "I am fine with that, but I think that every Board Member should be given that information, because I think in the past - and this is not to blame anybody here; but in the past, unless they are told that, they don't know that." Commissioner Krebs added, "There are extenuating circumstances in some instances; and I think if we have that option available — we communicate to our Boards that there is that option, that they would understand that the absences doesn't mean it is unexcused, or excused, it's just an absence. Then I am fine with it." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-MAY 14,2012 PAGE 14 OF 20 Manager Smith noted, "I think Commissioner Krebs brings up an excellent point. Communication and proper notification of all our Chairs and Board Members is incumbent upon Staff and very important; regardless of whichever route you all go, it would be my intention to work with Andrea (Lorenzo-Luaces) and to make sure that every Staff Liaison at the next Board meeting of each of our Boards, that this particular outcome is clearly communicated-rules, regulations on absences,and so on and so forth." Commissioner Hovey suggested, "Maybe we can have an informational sheet we give each Committee or Board Member"related to absences and other associated information. City Clerk Lorenzo-Luaces mentioned past information that was provided to Board/Committee Members, including Orientation packets and added, "I will make sure it is enforced." Further comments. Commissioner Brown said to City Clerk Lorenzo-Luaces, "I know you will find the most expedient way of doing that—could it not be just something on the Informational Agenda?" City Clerk Lorenzo-Luaces responded, "Of course." Mayor Lacey opened the "Public Input"portion of the Agenda Item. Mr. Arsenio Calle, 110 Arrowhead Court, Winter Springs, Florida: suggested that Appointing Alternate Members to all the Boards/Committees would help when there are absences; and that if the requirements are too stringent,then it might be tough to find Board/Committee Members. Mayor Lacey closed the "Public Input"portion of the Agenda Item. Summarizing, Mayor Lacey stated, "I think we have a Consensus that we want to make the technical corrections and leave the Absence Policy intact; so, presuming that is the case, there are a couple of ways we can go." The technical changes were reviewed again and Attorney Garganese clarified the language in the proposed Ordinance and referenced the following wording in the Ordinance, "or for boards and committees that regularly meet on a quarterly or more frequent basis' - that's the technical change. Everything else, based on what I'm reading from the Commission,would be revised, eliminated and then brought back to you for Second Reading." Mayor Lacey said to Attorney Garganese, "Are you comfortable with the direction if we pass it on First Reading, that you know what is intended?" Attorney Garganese agreed. Mayor Lacey then asked if the City Commission agreed. "MOTION TO MOVE TO SECOND." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MANAGER SMITH SAID TO ATTORNEY GARGANESE, "DID YOU CATCH THE ONE THAT DELETES THE ONE THAT DELETES THE WORD `COMMISSION' WHEN IT'S..." ATTORNEY GARGANESE SAID,"...YES." CITY CLERK LORENZO-LUACES SAID TO ATTORNEY GARGANESE, "THERE'S NO PROBLEM WITH THE ADVERTISING?" ATTORNEY GARGANESE REMARKED, "NO, AS LONG AS YOU ADVERTISED THE TITLE IN THE ORDINANCE,YOU'RE FINE." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-MAY 14,2012 PAGE 15 OF 20 VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Public Works Department REQUEST: The Public Works Department requesting the City Commission hold a Public Hearing for the first reading of Ordinance 2012-04 amending Section 12-52 of the City Code regarding vehicular speed limits. FISCAL IMPACT: Ordinance 2012-04 has no fiscal impact. 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 approve the first reading of Ordinance 2012-04 and move the Ordinance forward to second and final reading. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2012-04 by"Title"only and commented on the planned process. Mr. Brian Fields, P.E., City Engineer, Public Works Department spoke of recent actions and explained, "In order to remove any doubt, we're just going to do a City-wide study, a complete review of the Ordinance and just get everything tightened up, so that the speed limits are very clear, up-to-date and in accordance with Florida Law. So, this is the first step is the First Reading of this Ordinance. At the next Meeting, will hopefully be Second Reading, and then following that, the Resolution that Anthony (Garganese) spoke about which will Adopt the Speed Study and the Speed Limit Map." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-MAY 14,2012 PAGE 16 OF 20 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. Continuing, Mayor Lacey asked, "Is there a Motion to Move to Second Reading?" "YES, SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. SUMMARIZING, MAYOR LACEY STATED, "MOTION TO MOVE ORDINANCE 2012-04 TO SECOND READING." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. The Public Works and Community Development Departments REQUEST: The Public Works and Community Development Departments are requesting that the City Commission: (1) Affirm Staff's conclusion that the Tuscawilla Units 12/12A wall is in various states of disrepair and should be demolished and removed, replaced,or placed on a rehabilitation program for the ongoing repair, maintenance, and periodic upgrade of the wall; and (2) Review several options related to addressing the potential safety hazard concerns of the Tuscawilla Units 12/12A wall and provide final direction regarding the City's handling of those concerns. FISCAL IMPACT: This agenda item is requesting the City Commission to review all available information and provide final direction related to addressing the potential safety hazard concerns of the Tuscawilla Units 12/12A wall. The financial impact on the City will depend on the final direction given by the City Commission. Estimated financial impacts for the various options are stated above. 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—MAY 14,2012 PAGE 17 OF 20 A meeting notice has been mailed to all 90 Tuscawilla Units 12/12A property owners which included a link for downloading or viewing the complete agenda item in advance of the meeting. RECOMMENDATION: Staff recommends that the City Commission: Affirm Staff's conclusion that the Tuscawilla Units 12/12A wall is in disrepair and should be demolished and removed, replaced, or placed on a rehabilitation program for the ongoing repair, maintenance,and periodic upgrade of the wall. Review the options for the Tuscawilla Units 12/12A wall as outlined herein in order to provide final direction related to addressing the potential safety hazard concerns of the Tuscawilla Units 12/12A wall. Manager Smith began the discussion on this Agenda Item and reviewed previous discussions and Workshops. Tape 2/Side A Mr. Fields reviewed some of the basics of the Units 12/12A Wall and this issue; along with liability matters and the suggested Options. Discussion followed on whether Deputy Mayor Bonner should be a part of the final Vote to decide this issue; and whether the residents present were in favor of Deputy Mayor Bonner being present for a final decision and related Vote. Mayor Lacey remarked, "I am perfectly fine with postponing it to the next meeting, as long as we are not inconveniencing the twenty (20) or thirty (30) people who showed up here tonight." Mayor Lacey added, "I am getting the general sense that the audience would be just as happy if we wait two (2) weeks and address it there with the full Commission here." "I WILL MAKE THE MOTION THAT WE POSTPONE FOR A DATE CERTAIN— WOULD BE THE SECOND MEETING IN MAY." MOTION BY COMMISSIONER BROWN. THE DATE FOR THIS MEETING WAS CLARIFIED AS TUESDAY,MAY 29TH,2012. SECONDED BY COMMISSIONER KREBS. DISCUSSION. COMMISSIONER BROWN NOTED HE THOUGHT HE WOULD MOST LIKELY BE HERE IN TOWN FOR THE MEETING. MANAGER SMITH REFERENCED THE IMPORTANCE OF COMMUNICATION AND FISCAL RESPONSIBILITY AND SAID, "WE NOTICED ALL NINETY (90) PROPERTY OWNERS WITH A HARD MAIL- A SNAIL MAIL NOTIFICATION. WOULD THE COMMISSION'S DESIRE BE TO DO THAT AGAIN AND INCUR THAT COST TO DO SO, FOR THE RESCHEDULING?" DISCUSSION FOLLOWED ON THE APPROXIMATE COSTS." COMMISSIONER KREBS AND COMMISSIONER BROWN SAID, "YES." NO OBJECTIONS WERE VOICED. FURTHER COMMENTS FOLLOWED. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-MAY 14,2012 PAGE 18 OF 20 Commissioner Krebs then remarked, "It is not my intention to kick the can down the road, or anybody else on this. I think we are trying to find the best solution to this problem that we know has been there." Commissioner Krebs added, "Really,we are looking for a fair solution that benefits all citizens of Winter Springs including those in 12 and 12A. And I think everybody up here feels that." Mayor Lacey stated for Record that the Motion passed. REGULAR 601. Office of the City Clerk REQUEST: The City Clerk requests that the City Commission hear a presentation from the Board of Trustees 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,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. 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 Board of Trustees. The Board of Trustees has also discussed this matter a couple of times at recent Board meeting(s), prior to attending this City Commission Regular Meeting. Additionally, this Agenda Item will be forwarded to the Members of the Board of Trustees prior to the May 14,2012 City Commission Regular Meeting. RECOMMENDATION: The City Commission is being asked to hear from members of the Board of Trustees and discuss any matters they deem of interest with the Board of Trustees and City Staff,as applicable. Board of Trustees Chairperson Maria Fair introduced herself and mentioned Board Member Shelley Burlon- who could not be in attendance tonight, but had been sent an email to the City. The other Members of the Board of Trustees, Board Member Frank Mundo, Vice Chairperson Barbara Watkins, and Board Member Brian Fricke each introduced themselves. Chairperson Fair reviewed various actions of the Board of Trustees since 2009 and noted that a new Actuary was hired; there was concern for more sustainability for the Plan; and that some meetings with the City Commission had been held. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-MAY 14,2012 PAGE 19 OF 20 Continuing, Chairperson Fair remarked, "We did a variety of special studies that enabled us to determine proper reforms that we could really make with the Pension Plan; and throughout a period of time, we actually put some of those steps in place and we reformed the Pension Plan and it included a lot of savings to the City. I think over the next thirty(30)years,that we will reduce the liability to the City's Pension Plan of about thirty million dollars ($30,000,000.00), so that enables us to really put us on a much better trajectory going forward. We also created a more diversified portfolio for the City employees by adding some additional Investment Policy language that we had lacked in the past. We did that actually last year. We added some additional benchmarks to more appropriately reflect the Investment Policy of the Plan." Regarding going forward, Chairperson Fair noted some changes they are envisioning such as, "Looking at ways to save additional money, and to create more administrative cost efficiencies across the board; so, we're going to be over probably the coming months looking at those things, and those items will probably come to you for ultimate decision." Additional comments followed. Commissioner Resnick asked about the reference to reducing administration costs of the Plan, to which Chairperson Fair said, "Although there is really nothing - that we have in writing at this point, one of the things that we requested to the Bogdahn Group is, are the Plan Managers willing to consider reducing our Fee, based on the amount of assets that are being managed. As the assets within a single Plan Manager grow, often times you can qualify for breakpoints or other concessions. So, that would certainly be one of the ways we would consider it." Further discussion. Next, Commissioner Brown offered his thanks and commented on the higher quality of the data that they have been provided. Additionally, Commissioner Brown said, "I just want to thank you for having such a professional approach to a volunteer position, and really taking it as serious and as professionally as you do. It has made a huge impact to the City. Thanks!" Commissioner Krebs agreed with what Commissioner Brown said, and complimented Chairperson Fair for her expertise and qualifications. With further comments, Chairperson Fair added, "I can tell you that I am absolutely incredibly confident that we have a very capable and willing Board." Discussion. The Investment Policy was briefly addressed. Lastly,the Members of the Board of Trustees were again thanked. PUBLIC INPUT No one addressed the City Commission at this time. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—MAY 14,2012 PAGE 20 OF 20 ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 7:16 p.m. RESPECTFULLY SUBMITTED. AND' 1.7.'; ZO-LUACES, MMC CITY CL RK APPROVED:- NOTE: These Minutes were Approved at the June 11,2012 City Commission Regular Meeting.