HomeMy WebLinkAbout2013 08 12 City Commission Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA
0 4 S
i
Incorporated
• 1959 •
' GOD WE lift)
CITY COMMISSION
MINUTES
REGULAR MEETING
MONDAY, AUGUST 12, 2013 - 5:15 P.M.
CITY HALL—COMMISSION CHAMBERS
1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA
Mayor Charles Lacey
Deputy Mayor Cade Resnick- Seat Four
Commissioner Jean Hovey- Seat One
Commissioner Rick Brown- Seat Two
Commissioner Pam Carroll - Seat Three
Commissioner Joanne M. Krebs - Seat Five
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 2 OF 30
CALL TO ORDER
The Regular Meeting of Monday,August 12, 2013 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 Cade Resnick,present
Commissioner Jean Hovey,present
Commissioner Rick Brown,present
Commissioner Pam Carroll,present
Commissioner Joanne M.Krebs,present
City Manager Kevin L. Smith,present
City Attorney Anthony A.Garganese,present
City Clerk Andrea Lorenzo-Luaces,present
A moment of silence was held, followed by the Pledge of Allegiance.
INFORMATIONAL AGENDA
INFORMATIONAL
100. Community Development Department
REQUEST:
Community Development Department is advising the City Commission of the status of various current
planning projects.
FISCAL IMPACT:
There is no fiscal impact associated with this 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-AUGUST 12,2013 PAGE 3 OF 30
INFORMATIONAL
101. Parks and Recreation Department
REQUEST:
The Parks and Recreation Department wishes to provide the City Commission with a recap of the 2013
Celebration of Freedom event.
FISCAL IMPACT:
• $29,100 Revenue-Sponsorships/Donations
• $22,427 Expenditures
• $ 2,150 Total In Kind Donations
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.
This Agenda Item was not discussed.
"I MAKE A MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY DEPUTY
MAYOR RESNICK. SECONDED BY COMMISSIONER BROWN. DISCUSSION.
MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS.
❖❖ AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS AND RELATED
REMARKS WERE DISCUSSED, BUT NOT NECESSARILY IN THE ORDER
DOCUMENTED. ❖❖
CONSENT AGENDA
City Attorney Anthony A. Garganese stated, "The contracts on the Agenda need to be slightly modified because
of a new law that went into effect that the legislature adopted, now requiring the City to put specific provisions in
all of its contracts relative to public records. So that law is now in effect. I'll leave you with some information to
explain all the details but we worked with Staff to modify all the Contracts on your Agenda to comply with the
new law."
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 4 OF 30
Mayor Lacey noted, "So, the Motion to approve needs to make reference to that." Attorney Garganese
commented, "Yes, just a Motion to approve the Consent Agenda with all of the amendments to the Public
Records clause amendment being inserted."
CONSENT
200. Parks and Recreation Department
REQUEST:
The Parks and Recreation Department requests the Commission accept a donation of an iPad(valued at
$700) and gift cards ($200) totaling $900. The donations will be used for department operations and
supplies for community events.The donation was provided from Bright House Networks.
FISCAL IMPACT:
These donations serve to reduce potential City expenditures that would otherwise have been expended for
these purposes.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager,
City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server.
Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has
also been electronically forwarded to the individuals noted above, and which is also available on the City's
Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press
Representatives who have requested Agendas/Agenda Item information, Homeowner's
Associations/Representatives on file with the City, and all individuals who have requested such
information. This information has also been posted outside City Hall, posted inside City Hall with
additional copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff is always
willing to discuss this Agenda Item or any Agenda Item with any interested individuals.
RECOMMENDATION:
The Parks and Recreation Department recommends the Commission accept a donation of an iPad(valued
at $700) and gift cards (with a total value of $200) totaling $900. The donation would be used for
department operations and supplies for community events. The donation was provided from Bright House
Networks.
There was no discussion on this Agenda Item.
CONSENT
201. Parks and Recreation Department
REQUEST:
The Parks and Recreation Department is requesting the City Commission to authorize the City Manager
to execute the attached agreement, as prepared by the City Attorney, between the City of Winter Springs
and Brian Susa,ILPA Distribution Concessions,regarding concession operations at Central Winds Park.
FISCAL IMPACT:
No City funding required.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 5 OF 30
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager,
City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server.
Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has
also been electronically forwarded to the individuals noted above, and which is also available on the City's
Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press
Representatives who have requested Agendas/Agenda Item information, Homeowner's
Associations/Representatives on file with the City, and all individuals who have requested such
information. This information has also been posted outside City Hall, posted inside City Hall with
additional copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff is always
willing to discuss this Agenda Item or any Agenda Item with any interested individuals.
RECOMMENDATION:
The Parks and Recreation Department recommends the City Commission authorize the City Manager to
execute the attached agreement, as prepared by the City Attorney,between the City of Winter Springs and
Brian Susa,ILPA Distribution Concessions, regarding concession operations at Central Winds Park.
Deputy Mayor Cade Resnick inquired for the Record about the Contracts. Mr. Chris Caldwell, Director, Parks
and Recreation Department noted, "There was a change in the soccer clubs and he was already an existing
contractor for one of the soccer organizations and we requested him to come on board with us to run both
concessions at Central Winds Park." Deputy Mayor Resnick added, "And therefore he is in complete control and
the City is not held liable for any of the services that would be in the concessions..." Mr. Caldwell commented,
"...That's correct, we have a Contract stating the responsibilities of each party."
CONSENT
202. Parks and Recreation Department
REQUEST:
The Parks and Recreation Department is requesting the City Commission authorize the City Manager to
execute the attached agreement, as prepared by the City Attorney,between the City of Winter Springs and
the Oviedo-Winter Springs Chamber of Commerce for the 6th Annual Winter Springs Festival of the Arts.
FISCAL IMPACT:
City Services including Parks & Recreation&Public Works estimated at$1600. City public safety services
not to exceed$5,500.00. Blumberg Blvd. rental revenue received by the City is$800.
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-AUGUST 12,2013 PAGE 6 OF 30
RECOMMENDATION:
Staff recommends the City Commission authorize the City Manager to execute the attached agreement, as
prepared by the City Attorney, between the City of Winter Springs and the Oviedo-Winter Springs
Chamber of Commerce for the 6th Annual Winter Springs Festival of the Arts.
This Agenda Item was not discussed.
CONSENT
203. Information Services Department
REQUEST:
The Information Services Department requests authorization to dispose of surplus assets according to the
attached disposition sheets.
FISCAL IMPACT:
There is no cost to dispose of these surplus assets. The City receives revenue generated from items sold at
auction.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager,
City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server.
Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has
also been electronically forwarded to the individuals noted above, and which is also available on the City's
Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, eAlert/eCitizen
Recipients, Media/Press Representatives who have requested Agendas/Agenda Item information,
Homeowner's Associations/Representatives on file with the City, and all individuals who have requested
such information. This information has also been posted outside City Hall, posted inside City Hall with
additional copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff is always
willing to discuss this Agenda Item or any Agenda Item with any interested individuals.
RECOMMENDATION:
Staff recommends that the City Commission approve the disposition of the attached list of surplus assets.
No discussion.
CONSENT
204. Community Development Department-Urban Beautification Services Division
REQUEST:
The Community Development Department, Urban Beautification Division, is requesting the City
Commission to approve an agreement with Greener Grounds, LLC., for City Facilities Landscape
Maintenance in the amount of$27,960.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 7 OF 30
FISCAL IMPACT:
Funds to cover the increased annual contract cost of $5,772 (resulting in a total annual contract cost of
$27,960)for the City Facilities Landscape Maintenance Agreement are available,due to savings from other
landscape contracts, from Urban Beautification Services Fund Line Code (1525-54682), Utilities Line
Codes (3600-54671, 3600-54680, 3600-54681, 3600-54682) and City Hall Line Code (4414-54682). The
initial term of the agreement is for one (1) year with the option to extend the agreement for five (5) one-
year periods. The service provider may, at the City's option, be entitled to an increase in an amount not to
exceed one-half(1/2) the change in the Consumer Price Index (CPI) of the most recent twelve (12) month
period.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager,
City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server.
Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has
also been electronically forwarded to the individuals noted above,and which is also available on the City's
Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, 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 Community Development Department, Urban Beautification Division, is recommending that the City
Commission approve an agreement with the lowest qualified bidder, Greener Grounds, LLC., for City
Facilities Landscape Maintenance,in the amount of$27,960 for one(1)year with the option of five(5),one
(1)year extensions,if the work is deemed to be satisfactory.
There was no discussion on this Agenda Item.
CONSENT
205. Community Development Department-Urban Beautification Services Division
REQUEST:
The Community Development Department, Urban Beautification Division, is requesting approval of
Resolution 2013-19, authorizing staff to apply for funding from the U.S. 17-92 Community Redevelopment
Agency for redevelopment projects in an amount up to$2,000,000.
FISCAL IMPACT:
Funding for the abovementioned redevelopment projects, if approved,will be reimbursed to the City by
the U.S. 17-92 CRA Redevelopment Trust Fund. No funding is required at this time until the City's initial
application has been authorized by the CRA for budgeting.Approval from the Winter Springs City
Commission will be required prior to an agreement with the CRA for these projects. Staff with be
returning in the near future with an agenda item more clearly detailing the projects and requesting
approval to contract with the CRA.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 8 OF 30
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 Community Development Department, Urban Beautification Division, is recommending approval of
Resolution 2013-19, authorizing the City to apply for funding from the U.S. 17-92 Community
Redevelopment Agency for redevelopment projects in an amount of up to$2,000,000
No discussion.
CONSENT
206. Community Development Department-Urban Beautification Services Division
REQUEST:
The Community Development Department, Urban Beautification Division, is requesting the City
Commission to approve an agreement with Eastwood Tuff Turf of Central Florida, Inc., for State Road
434 Landscape Maintenance(ITB 004/13/SR)in the amount of$87,610.
FISCAL IMPACT:
Funding for services provided pursuant to this agreement will be expended from Urban Beautification
Services Line Code (1525-54682) in the amount of $87,610 over a twelve month period, beginning
on September 16, 2013. The initial term of the agreement is for one (1) year with the option to extend the
agreement for five (5) one-year periods. The service provider may, at the City's option, be entitled to an
increase in an amount not to exceed one-half(1/2) the change in the Consumer Price Index (CPI) of the
most recent twelve(12)month period.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager,
City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server.
Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has
also been electronically forwarded to the individuals noted above, and which is also available on the City's
Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, 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.
An Invitation to Bid (ITB)was published in the legal section of the Orlando Sentinel on May 6, 2013. Bids
were available to the public for download through the City's Website Bid System or for pick up at City
Hall.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 9 OF 30
RECOMMENDATION:
The Community Development Department - Urban Beautification Division is recommending that
authorization be given for the City to enter into an agreement with Eastwood Tuff Turf of Central Florida,
Inc., for ITB 004/13/SR State Road 434 Landscape Maintenance Program at a base cost of$87,610, with
the agreement becoming effective September 16, 2013. It is also recommended that authorization be
given to the City Manager and City Attorney to prepare and execute any and all applicable documents
required for this project.
This Agenda Item was not discussed.
CONSENT
207. Finance and Administrative Services Department
REQUEST:
The Finance & Administrative Services Department is requesting that the City Commission authorize the
City Manager to execute a two year contract for audit services with the firm of McDirmit Davis &
Company,LLC.
FISCAL IMPACT:
The budget for FY 2013/FY14 includes/will include $45,000 for audit and CAFR preparation services
which will cover the fees proposed by McDirmit Davis & Company, LLC for the both fiscal year 2013 and
2014.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager,
City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server.
Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has
also been electronically forwarded to the individuals noted above, and which is also available on the City's
Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press
Representatives who have requested Agendas/Agenda Item information, Homeowner's
Associations/Representatives on file with the City, and all individuals who have requested such
information. This information has also been posted outside City Hall, posted inside City Hall with
additional copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff is always
willing to discuss this Agenda Item or any Agenda Item with any interested individuals.
RECOMMENDATION:
It is the recommendation of the Finance & Administrative Services Department that the City Commission
authorize the City Manager to execute a new two year contract to engage the audit firm of McDirmit Davis
& Co, LLC for fiscal year end September 30, 2013 and 2014. The fees would be as stated in the agenda
item above.
No discussion.
CONSENT
208. Police Department
REQUEST:
The Police Department requests the Commission to approve the renewal of the annual School Resource
Officer inter-agency agreement contract with the Seminole County School Board and authorize the City
Manager and City Attorney to prepare and execute any and all applicable documents on behalf of the city.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 10 OF 30
FISCAL IMPACT:
As part of providing these officers to the schools mentioned above, the School Board will pay the city
$64,343.64 in seven (7) equal installments of$8,043.00 and (1) payment of$8,042.64 commencing October
1,2013 to be paid on the 1st day of each month through May 2014.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager,
City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server.
Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has
also been electronically forwarded to the individuals noted above, and which is also available on the City's
Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press
Representatives who have requested Agendas/Agenda Item information, Homeowner's
Associations/Representatives on file with the City, and all individuals who have requested such
information. This information has also been posted outside City Hall, posted inside City Hall with
additional copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff is always
willing to discuss this Agenda Item or any Agenda Item with any interested individuals.
RECOMMENDATION:
The Police Department recommends the Commission approve the new inter-agency contract for the two
School Resource Officers and to authorize the City Attorney to prepare and City Manager to execute any
and all applicable documents.
Commissioner Jean Hovey and Chief of Police Kevin Brunelle discussed the Contract in this Agenda Item and
comments followed on Winter Springs Resource Officers and Seminole County Deputies staffing Winter Springs'
schools.
CONSENT
209. Office of the City Clerk
REQUEST:
Requesting the City Commission Review and Approve the Monday, July 15, 2013 City Commission
Workshop Minutes.
FISCAL IMPACT:
There is no fiscal impact related to the approval of 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.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 11 OF 30
RECOMMENDATION:
The City Commission is respectfully requested to consider and offer their Approval of the Monday, July
15,2013 City Commission Workshop Minutes.
No discussion.
CONSENT
210. Office of the City Clerk
REQUEST:
Requesting the City Commission Review and Approve the Monday, July 22, 2013 City Commission
Regular Meeting Minutes.
FISCAL IMPACT:
There is no fiscal impact related to the approval of 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 consider and offer their Approval of the Monday, July
22,2013 City Commission Regular Meeting Minutes.
This Agenda Item was not discussed.
Mayor Lacey stated, "Is there a Motion to approve the Consent Agenda pursuant to the language that Anthony
(Garganese)asked us to include."
"SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER
BROWN. DISCUSSION.
VOTE:
DEPUTY MAYOR RESNICK: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER CARROLL: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 12 OF 30
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
300. Parks and Recreation Department
The Parks and Recreation Department requests the Mayor and City Commission assist with the
Presentation of Awards recognizing specific campers in the Camp Sunshine Summer Camp program for
outstanding character traits.
Mr. Chris Caldwell, Director, Parks and Recreation Department commented briefly on the Camp Sunshine
Summer Camp and their"Character Counts"Awards.
Mr. Brian Dunigan, Recreation and Special Events Coordinator, Parks and Recreation Department recognized the
program sponsors who were identified as Brusters, McDonalds (at the Winter Springs Town Center),
Salamander's,and Tijuana Flats, and thanked them for their assistance and contributions.
In recognition of their accomplishments and achievements in this program, Certificates of Recognition were read
and presented to the following children who were in attendance this evening: Victoria Cintron, Emily Jarrell, and
Hannah Lyons.
REPORTS
REPORTS
400. Office Of The City Attorney—Anthony A. Garganese,Esquire
Attorney Garganese referenced another change in the law which will be effective on October 1 related to public
meetings and explained, "I've reviewed the City Commission's rules and procedures and for the most part they
comply with the new law, however there will need to be a few amendments to handle some of the nuances of the
new law; so, I just wanted to give the Commission a head's up. I'll be working with the City Manager and I'd
probably like to get the Mayor involved because some of the changes are going to require the Chair to address as
issues come up."
Continuing, Attorney Garganese added, "That will be worked on and brought back to you—probably in the next
month or so. With further comments, Attorney Garganese remarked, "The rules and procedures which were
adopted by Resolution,need to be amended."
REPORTS
401. Office Of The City Manager—Kevin L. Smith
No Report.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 13 OF 30
REPORTS
402. Office Of The City Clerk—Andrea Lorenzo-Luaces,MMC
No Report was given.
REPORTS
403. Office of Commissioner Seat One-The Honorable Jean Hovey
Commissioner Hovey said, "I just wanted to thank Andrea (Lorenzo-Luaces, City Clerk) and her Staff for the
Friday night dinner for the Volunteers. It was awesome and to again thank all of the Volunteers, and those who
couldn't attend—we appreciate everything that you do!"
REPORTS
404. Office of Commissioner Seat Two-The Honorable Rick Brown
No Report.
REPORTS
405. Office of Commissioner Seat Three-The Honorable Pam Carroll
Commissioner Pam Carroll stated, "I would like to echo Commissioner Hovey with a really significantly beautiful
dinner for the Volunteers who serve on Boards and Committees."
Secondly, Commissioner Carroll noted she attended the Bell Ringing at the 100th Anniversary of Seminole
County Public Schools and that it was a nice event.
REPORTS
406. Office of Commissioner Seat Four/Deputy Mayor-The Honorable Cade Resnick
Deputy Mayor Resnick commented, "I would echo what has already been said about the dinner. Thank you
Andrea(Lorenzo-Luaces) and your staff and everybody else; and thank you to all the Volunteers."
Next, Deputy Mayor Resnick remarked, "Also, thank you everybody for coming out - we appreciate you being
here this evening on a contentious issue; and I just wanted to share that I have received and read emails, even if I
have not responded to them all."
REPORTS
407. Office of Commissioner Seat Five-The Honorable Joanne M.Krebs
Commissioner Joanne M. Krebs commented on the Board/Committee Appreciation Dinner and the centerpieces
and added, "Kudos to you and your Staff Andrea(Lorenzo-Luaces)."
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 14 OF 30
Secondly, Commissioner Krebs said she had been contacted by two (2) Orange County Firefighters who want to
open a Primrose School business in Winter Springs and had some concerns about the City's cooperativeness, but
after a meeting with Commissioner Krebs,Kevin and Randy,they seemed to be very pleased.
Commissioner Krebs mentioned she had some brochures about this school and she would get them to the City
Clerk. Furthermore, Commissioner Krebs stated, "Randy has been fantastic in explaining to them what they need
to do to get where they need to go—and thank you Randy for that, really; and thank you City Manager for being
there as well and trying to explain to them the process of government and how it works."
REPORTS
408. Office of the Mayor-The Honorable Charles Lacey
Mayor Lacey said, "I will echo for the event—Andrea(Lorenzo-Luaces) and Sarah(Hart, Deputy City Clerk) and
Kaley(Garner, Assistant to the City Clerk) and Sean(Beaudet, Assistant to the City Clerk)did a great job helping
me get through the evening easily. And I also had a number of compliments on the venue this time, so I think that
is something that we should keep in mind. I think a lot of people thought it was better than what we have done in
years past."
Related to the upcoming Florida League of Cities Annual Conference, Mayor Lacey commented that the City has
not yet designated a Voting Delegate and one needs to be appointed.
Much discussion.
"I WOULD MAKE A MOTION TO ASK THE MAYOR TO BE OUR VOTING DELEGATE."
MOTION BY COMMISSIONER CARROLL. SECONDED BY DEPUTY MAYOR RESNICK.
DISCUSSION.
REITERATING THE MOTION, MAYOR LACEY SAID IT WAS TO "APPOINT THE MAYOR AS
THE VOTING DELEGATE TO THE FLORIDA LEAGUE OF CITIES CONFERENCE 2013."
VOTE:
COMMISSIONER KREBS: AYE
DEPUTY MAYOR RESNICK: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER CARROLL: AYE
COMMISSIONER BROWN: AYE
MOTION CARRIED.
❖❖ AGENDA NOTE: THE FOLLOWING REPORT WAS DISCUSSED NEXT, AS
DOCUMENTED. ❖❖
REPORTS
REPORTS
404. Office of Commissioner Seat Two-The Honorable Rick Brown
"I WOULD LIKE TO REAPPOINT LARRY HARTMAN TO THE BICYCLE AND PEDESTRIAN
ADVISORY COMMITTEE." MOTION BY COMMISSIONER BROWN. SECONDED BY
COMMISSIONER KREBS. DISCUSSION.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—AUGUST 12,2013 PAGE 15 OF 30
VOTE:
COMMISSIONER HOVEY: AYE
COMMISSIONER CARROLL: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER KREBS: AYE
DEPUTY MAYOR RESNICK: AYE
MOTION CARRIED.
PUBLIC INPUT
Mr. Victor Aurigemma, 302 Tavestock Loop, Winter Springs, Florida: spoke against on-street parking being
allowed as he did not think it is a good idea, mostly because of safety issues. Mr.Aurigemma also commented on
safety for children and walkers, enforcement issues, that Homeowner's Associations cannot enforce such rules,
and there could be problems with emergency vehicles trying to get through.
Mr. Kevin Cannon, Post Office Box 1501, Orlando, Florida: speaking for the Tuscawilla Homeowner's
Association, Mr. Cannon said the issue had been discussed by the Tuscawilla Homeowner's Association and
asked that a permanent solution be agreed on. Mr. Cannon referenced a previous study, resident's requests, the
Ordinance,hardship exemptions,and that the City Commission should listen to the will of the people.
Mr. Gary Brook, 1631 Wood Duck Drive, Winter Springs, Florida: thanked City Staff and the community for
their efforts related to solving the issues with the Tuscawilla Units 12/12A wall; and related to Regular Agenda
Item"602", Mr. Brook echoed what Mr. Cannon said and hoped that things will not be changed.
Captain Tom Vagnini, 1214 Jaguar Court, Winter Springs, Florida: said that he came to the city twenty-five (25)
years ago and thought it was an ideal community with side garages, that his family has gone through issues with
switching cars around in his driveway, and now instead of seeing trees, one sees cars. Captain Vagnini
commented next about his concerns with driving around cars on streets, and asked that the rules not be changed to
allow parking on the street.
Ms. Sharon Lynn, 1008 East Pebble Beach Circle, Winter Springs, Florida: representing the Country Club
Village Homeowner's Association, Ms. Lynn said they supported no parking on the street in any part of the
Tuscawilla community; and also mentioned recently driving through a community in Casselberry which allowed
parking on the street and how unattractive this was along with the safety issues she saw.
Ms. Nancy Dzamba, 305 Twelve Oaks Drive, Winter Springs, Florida: as President of the Winding Hollow
Homeowner's Association, Ms. Dzamba referenced Public Hearings Agenda Item "504", and related to parking
on the street, Ms. Dzamba noted issues in the Winding Hollow development, safety concerns, and thought that it
detracts from a neighborhood.
Tape 1/Side B
Mr. Joseph R. Santoro, 705 Ironwood Court, Winter Springs, Florida: said he did not think on street parking
presently is a good idea.
Mr. Kurt A. Steinebronn, 714 Ironwood Court, Winter Springs, Florida: remarked that he agreed with previous
comments on aesthetics and noted his concern with safety issues, asked if a lower level of safety would be
acceptable to the City Commission, and mentioned that it was important to his family that we return to the way
the law was enforced previously.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 16 OF 30
Mr. Edward Cregar, 1525 Eagle Nest Circle, Winter Springs, Florida: commented on safety and property values;
and noted that he had gone to the Waterford Lakes community in Orlando and that he thought it was a disaster
with cars parked everywhere and in all directions; and asked that the on-street parking ban be maintained.
Mr. Robert J. Holmes, 1689 Wingspan Way, Winter Springs, Florida: thought that safety is very important and
hoped the City Commission would keep the ban on on-street parking.
Mr. Drew A. Hawkins, 427 Woodcrest Street, Winter Springs, Florida: thanked the City Commission for
addressing this issue; said that he supported options '1.' and `3.',mentioned a reference by Chief Brunelle about a
study which showed no safety issues with on-street parking; hoped the City Commission would consider all
citizens and visitors in Winter Springs, and not just one (1) community; that not all homes have long driveways,
and thought that some residents need some relief.
Mr. Terry Even, 106 Marsh Creek Cove, Winter Springs, Florida: mentioned that with parking being allowed on
streets, he has seen some changes in his community especially related to a neighbor's teenagers' parties and the
kinds of trash he has found from cars parked on the street,and that it was unsightly for the residents.
Mayor Lacey said, "That is the last form that I have that was filled out requesting to speak; the others will be put
into the public record."
Mr. Jeff Kazaka, 1506 North Greenleaf Court, Winter Springs, Florida: speaking on behalf of the Glen Eagle
Homeowner's Association, Mr. Kazaka noted they were opposed to parking on the streets of the Tuscawilla
community and formerly asked for an exemption to any change in the existing parking Ordinance. Mr. Kazaka
commented on crime, as it relates to parking on streets and referenced some statistics on crime from the FBI
(Federal Bureau of Investigation).
Mr. Ken Greenberg, 1635 White Dove Drive, Winter Springs, Florida: remarked that he also was in favor of
options `1.' and `3.', and commented on differences throughout the City, and did not think this was a major issue,
but thought some rules as to which way one should park might be helpful.
Ms. Marta Latzer, 120 Avery Lake Drive, Winter Springs, Florida: as a resident of Avery Park, Ms. Latzer said
there were no driveways in her community and asked for further information for when visitors did come to her
home or community.
Mayor Lacey recognized former Commissioner Donald Gilmore who was in attendance.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department-Planning Division
REQUEST:
The Community Development Department — Planning Division requests the City Commission
consider second reading and approval of Ordinance 2013-08, which proposes text amendments to the
permitted use and conditional use sections of the C-1 (Neighborhood Commercial), C-2 (General
Commercial), and CC (Commerce Center)zoning districts.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 17 OF 30
FISCAL IMPACT:
There is no direct fiscal impact to the City as a result of the text amendments proposed via Ordinance
2013-08. The proposed changes reflect current industry standards that make these types of uses more
compatible with the surrounding properties. The proposed text amendments are among other on-going
efforts to update the City's Code of Ordinances and to lesson certain superfluous regulations to doing
business within the City.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager,
City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server.
Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has
also been electronically forwarded to the individuals noted above, and which is also available on the City's
Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press
Representatives who have requested Agendas/Agenda Item information, Homeowner's
Associations/Representatives on file with the City, and all individuals who have requested such
information. This information has also been posted outside City Hall, posted inside City Hall with
additional copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff is always
willing to discuss this Agenda Item or any Agenda Item with any interested individuals.
This item was advertised in the Orlando Sentinel on July 11,2013.
RECOMMENDATION:
Staff and the Planning & Zoning Board recommend the City Commission hold a public hearing for second
reading of Ordinance 2013-08 and approve said ordinance, which proposes text amendments to the
permitted uses and Conditional Use sections of the C-1 (Neighborhood Commercial), C-2 (General
Commercial), and CC (Commerce Center)zoning districts, and strikes the phrase "start-up" from Section
20-345, "In General" of the CC zoning district.
Attorney Garganese read Ordinance 2013-08 by "Title" only and noted that there have been no changes to the
Ordinance since First Reading.
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 ON SECOND." MOTION BY COMMISSIONER BROWN. MAYOR
LACEY SAID SECONDED BY COMMISSIONER HOVEY. DISCUSSION.
VOTE:
COMMISSIONER BROWN: AYE
COMMISSIONER CARROLL: AYE
COMMISSIONER KREBS: AYE
DEPUTY MAYOR RESNICK: AYE
COMMISSIONER HOVEY: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 18 OF 30
PUBLIC HEARINGS
501. Community Development Department-Urban Beautification Services Division
REQUEST:
The Community Development Department, Urban Beautification Division, is requesting that the City
Commission approve Resolution 2013-22,Final Improvement and Maintenance Assessment for Tuscawilla
Phase III; submission of the Certificate to Non-Ad Valorem Assessment Roll, Assessment Summary and
FY 2013-2014 Assessment Roll for Tax Year 2013; an internal loan from the City to the Tuscawilla
Phase III Special Assessment Area in the amount of$80,820; Resolution 2013-27, for establishment of the
Tuscawilla Phase III Special Assessment Fund; and a contract with Alternative Wall Systems in the
amount of$25,000, all required to establish the Tuscawilla Phase III Assessment Area, begin the related
capital project, and levy special assessments starting in November 2013 on the Seminole County Property
Tax Bill.
FISCAL IMPACT:
Approval of Resolution 2013-22 will create the Tuscawilla Phase III Special Assessment Area for the repair
and maintenance of the Tuscawilla Units 12/12A Wall. Starting in November 2013, Non-Ad Valorem
Assessments will be imposed upon 86 parcels (88 parcels in the program)which have been determined to
receive a special benefit from the capital project and ongoing wall maintenance program as follows:
• CAPITAL/IIVIPROVEMENT ASSESSMENT
A loan from the City's General Fund Reserves will be issued to the Tuscawilla Phase III Assessment Area
in the amount of $80,820, minus prepayments applied toward the project cost prior to loan issuance.
The debt instrument will have a 20-year amortization schedule featuring a capped, variable interest
rate for years 6-10 (1.25% increase max.), 11-15 (1.25% increase max.),and 16-20 (1.50% increase max.).
The initial interest rate at issuance will be 2.875% and the maximum rate will be 6.875%.
Capital Assessments will be collected on an annual basis through the Seminole County Property Tax
Bill for parcels which have not participated in the initial pre-payment option. Property owners have the
opportunity (beginning August 13, 2013) to make an initial pre-payment to opt-out of the capital
assessment. Those who make a capital prepayment in full by August 30, 2013 will be removed from the tax
roll for the annual capital assessment. The final assessment roll and loan principal cannot be calculated
until the prepayment period has ended.
Initially,parcels without brick wall frontage (1 B.U.)will be assessed$85 and parcels with brick wall
frontage (1.2 B.U.)will be assessed $102.The maximum assessment per parcel will be$88 without brick
wall frontage (1 B.U.) and $105.60 with brick wall frontage (1.2 B.U.), respectively.The capital assessment
will continue for 20 years unless the loan is retired at an earlier date due to advance principal
prepayment(s).
Upon funding of the loan to Tuscawilla Phase III Special Assessment Area, all expenditures previously
front-loaded by the City, except $5,125 for a wall survey and structural evaluation,shall be reimbursed to
the City from loan proceeds.
• MAINTENANCE ASSESSMENT
The Tuscawilla Phase III Special Assessment Area Maintenance Program includes annual repairs,
administrative, management,insurance and consultant costs required to care for the Tuscawilla Units
12/12A Wall and administer the Special Assessment Program.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 19 OF 30
Maintenance Assessments will be collected on an annual basis through the Seminole County Property Tax
Bill for parcels included in the program. Initially,parcels without brick wall frontage (1 B.U.)will be
assessed$75 and parcels with brick wall frontage(1.2 B.U.)will be assessed$90.The maximum assessment
per parcel will be $87 (1 B.U.) and $104.40 (1.2 B.U.), respectively. The maintenance assessment will
continue in perpetuity.
• WALL PROJECT
At the June 10, 2013 City Commission Meeting, Option 'B' was approved as the more reasonable and
economical solution to address the repair and reconstruction of eight (8) walls at four (4) entrances to the
Tuscawilla Units 12/12A Subdivision. As part of Option 'B',Alternative Wall Systems provided a proposal
for $25,000 to repair and rebuild the entrance walls using bricks reclaimed from the previous wall
demolition. This innovative approach was also recommended by Staff as an effective option to balance
goals of the City and Community, while saving a considerable amount of money. The agreement and
proposal for Alternative Wall Systems is found in Attachment 'D'.
• ASSESSMENT PROGRAM COSTS
The annual assessment service fees and staff costs will be budgeted in the Tuscawilla Phase III Special
Assessment Area Fund(162) for the 2013-2014 Fiscal Year Budget and will not adversely impact the
General Fund.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager,
City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server.
Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has
also been electronically forwarded to the individuals noted above, and which is also available on the City's
Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press
Representatives who have requested Agendas/Agenda Item information, Homeowner's
Associations/Representatives on file with the City, and all individuals who have requested such
information. This information has also been posted outside City Hall, posted inside City Hall with
additional copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff is always
willing to discuss this Agenda Item or any Agenda Item with any interested individuals.
A Notice Of Hearing To Impose and Provide For Collection Of Non-Ad Valorem Assessments for the
Tuscawilla Phase III Special Assessment Area was published in the Orlando Sentinel Legal Section on July
7, 2013. Notice was also delivered to each of the (86) affected residents via the U.S. Postal Service prior
to June 23,2013.
RECOMMENDATION:
The Community Development Department, Urban Beautification Division,recommends that the City
Commission issue approval for the following recommendations in order to comply with legal and
operational requirements for establishment of Tuscawilla Phase III Special Assessment Area (approval
required in the order shown below):
1. Recommendation -Adoption of Resolution 2013-22, Final Improvement and Maintenance
Assessment Resolution,for creation of the Tuscawilla Phase III Assessment Area.
2. Recommendation - Approval of the Certificate to Non-Ad Valorem Assessment Roll, Assessment
Summary and FY 2013-2014 Assessment Roll for Tax Year 2013, for submission to the Seminole
County Tax Collector.
3. Recommendation - Approval of an internal loan from the City's General Fund Reserves
for financing of the Tuscawilla Phase III Assessment Area Capital Costs in an amount up to
$80,820(Initial pre-payments may reduce the amount financed).
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 20 OF 30
4. Recommendation - Adoption of Resolution 2013-27 establishing the Tuscawilla Phase III Special
Assessment Fund,including purposed constraints imposed upon the uses of these funds, as
necessitated by Governmental Accounting Standards Board - Statement No.54.
5. Recommendation - Approval of an agreement with Alternative Wall Systems in the amount of
$25,000 for repair and reconstruction of the Tuscawilla Units 12/12A Entrance Walls.
6. Recommendation -Approval for the Mayor, City Manager and City Attorney to draft and execute
any and all documents necessary pursuant to items (1-5), as approved by the City Commission in
connection with this Agenda Item.
Mr. Steve Richart, Urban Beautification Division Services, Community Development Department addressed the
Mayor and City Commission and reviewed the suggested recommendations.
For all their efforts to solve this issue, Commissioner Brown offered his thanks to Mr. Richart, the Tuscawilla
Units 12/12A Wall Ad Hoc Advisory Committee, and Mr. Gary Brook for leading the effort.
Commissioner Hovey also thanked Mr. Gary Brook and the Tuscawilla Units 12/12A Wall Ad Hoc Advisory
Committee Members for all they did to help resolve this matter.
Mayor Lacey opened the "Public Input"portion of the Agenda Item.
Mr. Kevin Cannon, Post Office Box 1 501, Orlando, Florida: thanked the City Commission for handling this issue
and thought that everyone including the public had solved things well. Mr. Cannon also complimented City Staff
and the Tuscawilla Units 12/12A Wall Ad Hoc Advisory Committee for their contributions.
Mayor Lacey closed the "Public Input"portion of the Agenda Item.
"MOTION TO APPROVE." MOTION BY COMMISSIONER CARROLL. SECONDED BY
COMMISSIONER BROWN. DISCUSSION. MAYOR LACEY SUMMARIZED THAT THE MOTION
WAS"TO APPROVE ITEM `501'."
VOTE:
COMMISSIONER HOVEY: AYE
COMMISSIONER BROWN: AYE
DEPUTY MAYOR RESNICK: AYE
COMMISSIONER CARROLL: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
Mayor Lacey extended his thanks to Mr. Richart and to the Tuscawilla Units 12/12A Wall Ad Hoc Advisory
Committee Members who all helped with this effort.
PUBLIC HEARINGS
502. Finance and Administrative Services Department and Community Development Department
REQUEST:
Finance and Administrative Services and the Community Development Department, Urban Beautification
Division, are requesting that the City Commission adopt Resolution 2013-21 authorizing additional parcels
to be included in the Tuscawilla Lighting and Beautification Assessment Area (Maintenance only) and
submission of the Certificate to Non-Ad Valorem Assessment Roll, Assessment Summary and FY 2013-
2014 Annual Assessment Roll for Tax Year 2013 Relating to the Oak Forest Wall and Beautification
District and the Tuscawilla Lighting and Beautification Assessment Area Phases I and II, to the Seminole
County Tax Collector by September 15,2013.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 21 OF 30
FISCAL IMPACT:
The annual assessment service fees for NBS and Nabors Giblin will be budgeted costs in the following
assessment district funds for the 2013-2014 Fiscal Year Budget and will not adversely impact the General
Fund:
• Oak Forest Maintenance Fund-#191
• Oak Forest Debt Service Fund-#214
• Tuscawilla Maintenance Fund Phases I and H-#184
• Tuscawilla Debt Service Fund Phase I-#211
• Tuscawilla Debt Service Fund Phase II-#213
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.
Notice to inform the public of a hearing to consider the inclusion of additional parcels for the Tuscawilla
Lighting and Beautification District Maintenance Assessment Area was published in the Orlando Sentinel
on July 14,2013. Prior to July 23, 2013, notice was also delivered to all owners of record for the additional
parcels being considered for inclusion.
Detailed information regarding the Tuscawilla Lighting and Beautification District and the Oak Forest
Wall and Beautification District Special Assessment Programs, including annual reports, assessment rates
and account information by parcel, is available to the public by contacting the Urban Beautification
Manager at: srichart(a,winterspringsfl.org -or- via the City's Website at:
http://www.winterspringsfl.org/EN/web/dept/cd/urbanbeautification.html.
RECOMMENDATION:
Staff recommends that the City Commission issue approval for the following recommendations:
1. Recommendation - Adopt Resolution 2013-21 authorizing additional parcels to be included in the
Tuscawilla Lighting and Beautification Assessment Area (Maintenance only) and submission of the
Certificate to Non-Ad Valorem Assessment Roll, Assessment Summary and FY 2013-2014 Annual
Assessment Roll for Tax Year 2013 relating to the Oak Forest Wall and Beautification District
and the Tuscawilla Lighting and Beautification Assessment Area Phases I and II, to the Seminole
County Tax Collector by September 15,2013.
2. Recommendation -Approval for the Mayor, City Manager and City Attorney to draft and execute
any and all documents necessary pursuant to approval of this Agenda Item.
Mr. Richart began the discussion on this Agenda Item.
Further comments followed on what communities were included in the Assessment District.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 22 OF 30
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 BROWN. SECONDED BY
COMMISSIONER CARROLL. DISCUSSION.
VOTE:
COMMISSIONER CARROLL: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER BROWN: AYE
DEPUTY MAYOR RESNICK: AYE
MOTION CARRIED.
Mayor Lacey noted that Resolution 2013-21 was approved.
PUBLIC HEARINGS
503. Community Development Department-Planning Division
REQUEST:
At the request of the applicant, staff is requesting a continuance of second reading of Ordinance 2013-07 to
a date certain of August 26, 2013 to preserve advertising. Ordinance 2013-07 proposes annexation of one
parcel of land, approximately 4.51 acres in size located on the northwest corner of DeLeon Street and
Florida Avenue.
FISCAL IMPACT:
The proposed annexation of the property allows the subject parcel to be developed into a retention pond
and active recreation area for a proposed residential development. Development of the subject property is
anticipated to provide an increase to the City's taxable value. A detailed fiscal analysis will be part of the
agenda item for the City Commission's consideration of final engineering for the Southern Oaks project.
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-AUGUST 12,2013 PAGE 23 OF 30
This item was advertised in the Orlando Sentinel on July 18, 2013 and July 25, 2013 in accordance with
Florida Statute 171.044.Additionally,the property has been posted with a large yellow sign.
RECOMMENDATION:
Staff recommends continuing second reading of Ordinance 2013-07 to a date certain of August 26, 2013 to
preserve advertising.
Mr. Bobby Howell, AICP, Planner, Community Development Department stated, "After conversations with the
County, Staff is requesting to change the date of the Public Hearing for the Mermel Property Annexation to a date
certain of September 9th, instead of August 26th which is noted in your Agenda packet."
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.
Mayor Lacey asked, "Is there a Motion to continue this to a date certain of September 9th..."
"...SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER
HOVEY. DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER CARROLL: AYE
DEPUTY MAYOR RESNICK: AYE
COMMISSIONER HOVEY: AYE
MOTION CARRIED.
PUBLIC HEARINGS
504. Community Development Department-Planning Division
REQUEST:
The Community Development Department—Planning Division requests that the City Commission hold a
public hearing for First Reading of Ordinance 2013-10, which proposes to administratively rezone 2.9
acres of property located on the east side of Winding Hollow Boulevard just south of State Road 434,from
C-2 (General Commercial)to C-1 (Neighborhood Commercial).
FISCAL IMPACT:
The proposed administrative rezoning of the property from C-2 (General Commercial) to C-1
(Neighborhood Commercial)facilitates development of a project that will add to the City's commercial tax
base. A detailed fiscal analysis will be presented to the City Commission along with the request for final
engineering approval.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 24 OF 30
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.
Both the Winding Hollow Homeowner Association (HOA) president and property owners within one
hundred fifty (150) feet of the subject property have been notified by US mail. In addition, 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 hold a public hearing for First Reading of Ordinance 2013-10,
which proposes to administratively rezone 2.9 acres of property located on the east side of Winding Hollow
Boulevard just south of State Road 434, from C-2 (General Commercial) to C-1 (Neighborhood
Commercial).
"MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER BROWN. SECONDED
BY COMMISSIONER HOVEY. DISCUSSION.
MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS.
Attorney Garganese read Ordinance 2013-10 by"Title"only.
Mr.Randy Woodruff,AICP, Senior Planner, Community Development Department briefly spoke on this Agenda
Item.
Mayor Lacey opened the "Public Input"portion of the Agenda Item.
Ms. Nancy Dzamba, 305 Twelve Oaks Drive, Winter Springs, Florida: speaking on behalf of the President of the
Winding Hollow Homeowner's Association, Ms. Dzamba asked about the Code and whether this was just a
zoning change, and noted that in past conversations "We were told that the other side was not going to be
developed for some time."
Mr. Woodruff addressed this comment by saying, "At this time, the Applicant is seeking to ensure all
entitlements. It's our understanding that they will not proceed with development on the east side until the west
side has been built out."
Mayor Lacey closed the "Public Input"portion of the Agenda Item.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 25 OF 30
"MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER HOVEY.
SECONDED BY COMMISSIONER BROWN. DISCUSSION.
VOTE:
DEPUTY MAYOR RESNICK: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER CARROLL: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
Mayor Lacey noted,"Ordinance 2013-10 is moved to Second Reading.
REGULAR AGENDA
REGULAR
600. Not Used
REGULAR
601. Not Used
REGULAR
602. Police Department
REQUEST:
The Police Department and the City Manager request the Commission receive information from the Police
Department concerning on-street parking regulations in the City and provide direction on whether
these regulations should be modified or repealed,in whole or in part,going forward.
FISCAL IMPACT:
There is no fiscal impact associated with this 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.
Notification of this agenda item has been provided in the City's recent newsletter and via e-Alert.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—AUGUST 12,2013 PAGE 26 OF 30
RECOMMENDATION:
It is recommended that the Commission choose one of the following options:
1. Adopt provisions of the current temporary moratorium as a permanent ordinance.
2. Make no change to existing on-street parking prohibitions and restrict residents and visitors from
using the city streets for parking.
3. Extend the current temporary moratorium an additional six (6) months to permit the police
department to continue to assess this situation.
4. Any other course of action deemed appropriate by the Commission.
Tape 2/Side A
Chief Brunelle began an overview of this Agenda Item.
Much discussion.
Mr. Brian Fields, P.E., City Engineer, Public Works Department commented on the different kinds of roads
including arterial and collector roads.
Commissioner Krebs said to Chief Brunelle, "Have you noticed a large increase in cars or trucks—vehicles,being
parked on the street since the moratorium?" Chief Brunelle responded, "I've seen an increase because they now
know it's allowed, and they know that they're not going to be in trouble for doing it, but I haven't seen such an
increase that sent up any alarms to me." Chief Brunelle added, "They seem to be managing it, they seem to know
what the rules are, and they know what they're allowed to do, and they're managing it very well."
Further comments followed on different situations and scenarios.
Related to a previous comments on garage sales and applicable parking, Commissioner Krebs stated, "Maybe
there is something we need to put on our permits that indicate to the person who is pulling it, that it is their
responsibility not to impede traffic or anything like that because if we have a party, we have to be responsible for
that too so having maybe something on those permits would at least give them a little education where they could
ask and know whether or not that is going to be a problem."
Mayor Lacey said to Chief Brunelle and Mr. Fields, "If the Commission should choose option `1.', which is to
take the terms of the Moratorium and then enact it as a permanent Ordinance, is the list of streets that were
adopted in the Moratorium still an accurate list that you think is correct, or do you think there is some work that
needs to be done to analyze that still?"
Chief Brunelle stated, "I believe that it's an accurate list because we've updated it just as recently as today." Mr.
Fields added, "I think we're comfortable with it. We've developed criteria, we've seen it in the holiday
Moratorium over the past several years and I think we're at a point now where we're comfortable. With time, we
could prepare the Ordinance, so maybe we could maybe tweak that list a little bit,but not much."
Mayor Lacey inquired, "Would you want that list to be entrenched in the Ordinance or would you want the City
Manager to be delegated authority to change the list as needed?" Mr. Fields suggested, "I would recommend
giving the City Manager that authorization, similar to what we did earlier this year with the city-wide speed limit
study where if certain conditions or new streets came in that by administrative action the City Manager could take
that." Attorney Garganese said, "As long as delegated standards are put in place in the enabling Ordinance, I
think that could be worked out, so we can do that."
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—AUGUST 12,2013 PAGE 27 OF 30
Further comments followed on designated parking areas, illegally parked cars, a street survey, and streets in the
City that might never allow on-street parking.
Mr. Fields explained, "We have a street index for every street in the City, over six hundred (600) streets. Any
street that does not have a curb, we would recommend that parking not be allowed."
Tape 2/Side B
Additional remarks continued.
"I MAKE A MOTION THAT WE EXTEND THE CURRENT TEMPORARY MORATORIUM FOR AN
ADDITIONAL SIX (6) MONTHS IN ACCORDANCE WITH ITEM NUMBER `3." MOTION BY
COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY.
DISCUSSION.
"MOTION TO CALL THE QUESTION." MOTION BY COMMISSIONER KREBS. SECONDED.
DISCUSSION.
MAYOR LACEY CLARIFIED, "TO CALL THE QUESTION AND MOVE THE PREVIOUS
QUESTION REQUIRES A TWO/THIRDS (2/3)VOTE. THERE IS NO DEBATE ON IT."
VOTE: (ON THE MOTION TO CALL THE QUESTION)
COMMISSIONER BROWN: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER CARROLL: NAY
COMMISSIONER KREBS: AYE
DEPUTY MAYOR RESNICK: NAY
MOTION DID NOT CARRY.
MAYOR LACEY NOTED THAT THE MOTION WAS "TO APPROVE ITEM `602',OPTION NUMBER
`3.' WHICH IS TO EXTEND THE CURRENT TEMPORARY MORATORIUM AN ADDITIONAL SIX
(6)MONTHS."
FURTHER COMMENTS.
"I WILL MAKE THE MOTION TO AMEND THE ORIGINAL DISCUSSION TO INCLUDE
DIRECTION FOR THE CHIEF."
MANAGER SMITH STATED, "RESPECTFULLY, THE DIRECTION PER CHARTER WOULD NEED
TO COME THROUGH MY OFFICE TO THE CHIEF BUT I'LL BE HAPPY TO OBVIOUSLY
ENTERTAIN ANYTHING YOU DECIDE."
ATTORNEY GARGANESE REMARKED,"I WOULD ECHO THAT BUT ON THE BASIS THAT THE
MORATORIUM RESOLUTION THAT WAS ADOPTED, 2013-16 PROVIDED FOR A SIX (6) MONTH
MORATORIUM HOWEVER THAT MORATORIUM COULD BE EXTENDED IF ADDITIONAL
TIME WAS NECESSARY FOR THE CITY MANAGER TO COMPLETE HIS STUDY OF THE
MORATORIUM AND WHAT TO DO IN THE FUTURE.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 28 OF 30
SO, TO THE EXTENT THAT THE COMMISSION WANTS TO EXTEND THE MORATORIUM, YOU
HAVE TWO (2) OPTIONS. ONE (1) IS TO GIVE THE MANAGER ADDITIONAL TIME IN WHICH
TO BRING BACK MORE INFORMATION RELATIVE TO A STUDY, OR ALTERNATIVELY ADOPT
A WHOLE NEW RESOLUTION JUST ESTABLISHING THE MORATORIUM ON SOME OTHER
BASIS."
REGARDING AN AMENDMENT FROM DEPUTY MAYOR RESNICK, MAYOR LACEY
SUGGESTED, "TO ACCOMPLISH WHAT YOU WANT TO DO, WHY DON'T YOU MAKE A
MOTION TO AMEND THE CURRENT MOTION TO INCLUDE RECOMMENDATIONS THAT
WOULD BE PROMULGATED THROUGH THE CITY MANAGER FROM THE CITY COMMISSION
AT LATER TIME."
"SO MOVED." AMENDMENT TO THE MOTION BY DEPUTY MAYOR RESNICK.
MOTION DIED FOR LACK OF A SECOND.
VOTE: (ON THE MAIN MOTION)
COMMISSIONER KREBS: AYE
COMMISSIONER HOVEY: AYE
DEPUTY MAYOR RESNICK: AYE
COMMISSIONER CARROLL: NAY
COMMISSIONER BROWN: AYE
MOTION CARRIED.
Mayor Lacey noted, "The current Moratorium will be extended six (6) months..." Attorney Garganese added,
"...For purposes of continuing to access the situation..." Various Commissioners stated,"...Correct."
REGULAR
603. Office of the City Manager
REQUEST:
The City Manager is requesting Commission input and direction on Commission Meeting scheduling for
the remainder of calendar year 2013.
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.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 12,2013 PAGE 29 OF 30
RECOMMENDATION:
The City Manager recommends that the Commission provide input and direction on meeting scheduling
for the remainder of Calendar Year 2013.
Manager Smith introduced this Agenda Item.
Discussion.
"I WAS GOING TO MAKE A MOTION - THAT WE NOT HAVE THE NOVEMBER 11TH, (2013)
MEETING AND WE RESCHEDULE IT FOR (NOVEMBER) THE 18TH, (2013)." MOTION BY
COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION.
MAYOR LACEY SUMMARIZED, "NOT HAVE THE NOVEMBER 11TH, (2013) MEETING, NOT
HAVE THE NOVEMBER 25TH , (2013) MEETING, AND INSTEAD HAVE A SPECIAL MEETING ON
NOVEMBER 18TH."
VOTE:
COMMISSIONER BROWN: AYE
DEPUTY MAYOR RESNICK: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER CARROLL: AYE
COMMISSIONER HOVEY: AYE
MOTION CARRIED.
Related to December meetings of the City Commission, Mayor Lacey stated, "So, we could have the December
9th, (2013) meeting without any conflict; just the December 23rd (2013) meeting that you would recommend
canceling."
"SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER
KREBS. DISCUSSION.
VOTE:
DEPUTY MAYOR RESNICK: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER CARROLL: AYE
COMMISSIONER BROWN: AYE
MOTION CARRIED.
No action was taken on any calendar items for 2014, to which Mayor Lacey stated, "We will figure out (20)14
when we get there."
PUBLIC INPUT
No one addressed the Mayor and City Commission.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—AUGUST 12,2013 PAGE 30 OF 30
ADJOURNMENT
Mayor Lacey adjourned the Regular Meeting at 7:39 p.m.
RESPECTFULLY SUBMITTED:
1. I)
AND 111-61"-0 :NZO-LUACES, MMC
CITY CLERK
APPROVED:
MAY CHARLES L = .
NOTE: These Minutes were approved at the July 26,2013 City Commission Regular Meeting.