Loading...
HomeMy WebLinkAbout2013 09 09 City Commission Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA 04 t: Incorporated 119 • 1959 • i4/0 OD WEAR J��C CITY COMMISSION MINUTES REGULAR MEETING MONDAY, SEPTEMBER 9, 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-SEPTEMBER 9,2013 PAGE 2 OF 20 CALL TO ORDER The Regular Meeting of Monday, September 9, 2013 of the City Commission was called to Order by Mayor Charles Lacey at 5:18 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,arrived via skype at 5:21 p.m. City Manager Kevin L. Smith,present City Attorney Anthony A. Garganese,arrived at 5:19 p.m. City Clerk Andrea Lorenzo-Luaces,present A moment of silence was held, followed by the Pledge of Allegiance. Brief comments followed on tonight's Agenda. City Attorney Anthony A. Garganese arrived at 5:19 p.m. PUBLIC HEARINGS AGENDA-PART I PUBLIC HEARINGS 500. Finance and Administrative Services Department REQUEST: The City Manager is requesting that the City Commission hold a Public Hearing relative to the approval of Resolution No. 2013-15,which establishes the Tentative Operating Millage Rate for Fiscal Year 2013-2014 for the City of Winter Springs at 2.4300 mills which is 2.68% more than the rolled-back rate of 2.3665 mills and the Tentative Voted Debt Service Millage Rate for Fiscal Year 2013-2014 for the City of Winter Springs at 0.1100 mills. FISCAL IMPACT: The decision to levy an operating millage rate of 2.4300 mills as opposed to the rolled-back rate of 2.3665 mills results in additional ad valorem General Fund revenues of approximately $100,000 (net of statutory discount). It should be noted that the City's property tax millage rate for FY 2014 has been held constant from last year. However, property values have increased and the City realized an increase in property values,attributable in part to new construction,leading to an overall increase in property tax revenue over last year. The decision to maintain the voted debt service millage rate at 0.1100 mills requires a subsidy from the General Fund to the Central Winds Debt Service Fund in the amount of$10,000 which would have been larger had the Central Winds General Obligation Bond not been refinanced in 2012. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 9,2013 PAGE 3 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, 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 Property Appraiser mailed each property owner a TRIM notice prior to this first Public Hearing (Sept 9th).Additionally,the budget calendar has been on the City's website since its approval in March and notice of the 2014 tentative public hearing was advertised on the City Hall electronic sign and City newsletter. Upon approval and adoption of Resolution No. 2013-15,the appropriate advertising will run in the Orlando Sentinel on September 19, 2013 which will reflect the tentative millage rates for Fiscal Year 2013-2014 and announce the final Public Hearing for September 23,2013 at 5:15 p.m. RECOMMENDATION: Staff recommends that the Commission adopt Resolution No. 2013-15 establishing the tentative operating millage rate at 2.4300 mills and tentative voted debt service millage rate at 0.1100 mills for Fiscal Year 2013-2014 and authorizing the City to advertise the City's intent to hold public hearings to adopt final millage rates and final budget in a newspaper of general circulation in compliance with Florida Statute 200.065. Ms. Kelly Balagia,Budget Analyst,Finance and Administrative Services Department presented this Agenda Item. Commissioner Joanne M. Krebs arrived via skype at 5:21 p.m. 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. "I MAKE THE MOTION TO APPROVE RESOLUTION 2013-15 ESTABLISHING AN OPERATING MILLAGE [RATE] FOR THE CITY OF WINTER SPRINGS AT 2.4300 MILLS AND A VOTED DEBT MILLAGE RATE OF 0.1100 MILLS AND AUTHORIZING THE ADVERTISEMENT OF THE CITY'S INTENT TO HOLD PUBLIC HEARINGS TO ADOPT THE FINAL MILLAGE RATES AND BUDGET. THE OPERATING MILLAGE RATE OF 2.4300 MILLS IS 2.68% GREATER THAN THE ROLLED- BACK RATE OF 2.3665 MILLS." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER CARROLL. COMMENTS FOLLOWED ON A PREVIOUS WORKSHOP, THE MILLAGE RATE, THE ROLLED- BACK RATE, EXPENSES VERSUS PRIORITIES, THE LEGAL ADVERTISEMENT RELATED TO THE BUDGET AND MILLAGE,AND THE FUTURE OF CITY'S PENSION PLAN. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 9,2013 PAGE 4 OF 20 RELATED TO COMMENTS ABOUT THE CITY'S PENSION PLAN, COMMISSIONER BROWN ASKED MANAGER SMITH TO NOTE FOR THE RECORD, "WHAT YOUR PLAN IS AND HOW YOU HAVE BEEN ATTACKING THE PENSION ISSUE OVER THE YEARS AND WHAT YOUR PLAN IS TO CONTINUE TO DO THAT." MANAGER SMITH STATED FOR THE RECORD HIS EFFORTS RELATED TO THE PENSION. DISCUSSION. FURTHER COMMENTS FOLLOWED ON THE PENSION PLAN, THE STRENGTH OF MANAGER SMITH AND MR. SHAWN BOYLE (DIRECTOR, FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT)AND THE DEPARTMENT HEADS WHO ARE WORKING TOGETHER. Mayor Lacey stated, "Point of personal privilege"and commented on recent remarks. DISCUSSION CONTINUED. MAYOR LACEY STATED, "THE MAIN MOTION PUT ON BY COMMISSIONER BROWN AND SECONDED BY COMMISSIONER CARROLL, I AM MOVING AN AMENDMENT TO THAT MOTION FOR YOUR CONSIDERATION: TO SUBSTITUTE 2.3665 TO THE 2.43 MILL AND TO REWORD IT AS BEING EQUAL TO THE ROLLED-BACK RATE,RATHER THAN GREATER THAN THE ROLLED-BACK RATE." AMENDMENT TO THE MOTION BY MAYOR LACEY. MOTION DIED FOR LACK OF A SECOND. VOTE: (ON THE MAIN MOTION) COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Finance and Administrative Services Department REQUEST: The City Manager is requesting that the City Commission hold a Public Hearing relative to the approval of Resolution No.2013-16, establishing the Tentative Budget for Fiscal Year 2013-2014. FISCAL IMPACT: The tentative city-wide budgets by fund type currently reflect the following appropriations to (from) fund balance: • General Fund — ($581,068); comprised of$1,410 of positive operating coverage and ($582,478) in capital/non-recurring coverage • Governmental Funds(exclusive of General Fund)—($3,120,019) • Enterprise Funds—($508,901) CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 9,2013 PAGE 5 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, 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 Property Appraiser mailed each property owner a TRIM notice prior to this first Public Hearing. Additionally, the budget calendar has been on the City's website since its approval in March and notice of the 2014 tentative public hearing was advertised on the City Hall electronic sign and City newsletter. Upon approval and adoption of Resolution No. 2013-16, a budget summary advertisement will be placed in the Orlando Sentinel on September 19,2013 reflecting the Tentative Budget for Fiscal Year 2013-2014. RECOMMENDATION: Staff recommends that the Commission adopt Resolution No. 2013-16 establishing the tentative budget for Fiscal Year 2013-2014 as approved by the Commission; and authorize the City to advertise its intent to hold public hearings to adopt final millage rates and final budget and to include a budget summary in a newspaper of general circulation in compliance with Florida Statute 200.065. Ms. Balagia 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. "I WILL MAKE A MOTION TO APPROVE RESOLUTION 2013-16 ESTABLISHING THE TENTATIVE BUDGET FOR THE CITY OF WINTER SPRINGS FOR FISCAL YEAR 2013-120114 AND AUTHORIZING ADVERTISEMENT OF THE CITY'S INTENT TO HOLD PUBLIC HEARINGS TO ADOPT THE FINAL MILLAGE RATES AND BUDGET. THE TENTATIVE BUDGET INCLUDES EXPENDITURES INCLUSIVE OF INTERFUND TRANSFERS IN THE AMOUNT OF SIXTEEN MILLION EIGHT HUNDRED AND THIRTY-SEVEN THOUSAND NINE HUNDRED AND ONE DOLLARS ($16,837,901.00) FOR THE GENERAL FUND; TEN MILLION FIFTY-EIGHT THOUSAND AND FOUR HUNDRED TWENTY DOLLARS ($10,058,420.00) FOR THE OTHER GOVERNMENTAL FUNDS; AND ELEVEN MILLION NINE HUNDRED SEVENTY THOUSAND AND THREE HUNDRED THIRTY-SEVEN DOLLARS ($11,970,337.00) FOR THE ENTERPRISE FUNDS." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR RESNICK: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 9,2013 PAGE 6 OF 20 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. This Agenda Item was not discussed. "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CONSENT AGENDA CONSENT 200. Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting the City Commission authorize the City Manager to execute the attached Recreation Program Agreement, as prepared by the City Attorney, between the City of Winter Springs and Orlando City Youth Soccer Club. FISCAL IMPACT: This agreement will provide to the City of Winter Springs $25,000 in FY14. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 9,2013 PAGE 7 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, 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 is recommending the City Commission authorize the City Manager to execute the attached Recreation Program Agreement, as prepared by the City Attorney, between the City of Winter Springs and the Orlando City Youth Soccer Club. No discussion. CONSENT 201. Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting the City Commission authorize the City Manager to execute the attached Recreation Program Agreement, as prepared by the City Attorney, between the City of Winter Springs and the Florida Kraze Krush Soccer Club. FISCAL IMPACT: This agreement will provide to the City of Winter Springs$25,000 in FY14. 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 is recommending the City Commission authorize the City Manager to execute the attached Recreation Program Agreement, as prepared by the City Attorney, between the City of Winter Springs and the Florida Kraze Krush Soccer Club. This Agenda Item was not discussed. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 9,2013 PAGE 8 OF 20 CONSENT 202. Information Services Department REQUEST: The Information Services Department requests authorization to dispose of surplus assets according to the attached disposition sheets. FISCAL IMPACT: There is no cost to dispose of these surplus assets. The City receives revenue generated from items sold at auction. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission approve the disposition of the attached list of surplus assets. No discussion. CONSENT 203. Office of the City Manager and the Finance and Administrative Services Department REQUEST: City Manager and Finance & Administrative Services Department requesting the Commission approve modification of the City's Personnel Policies to allow for performance reviews to be conducted annually rather than on the employee's specific anniversary date. FISCAL IMPACT: This text amendment has no direct 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. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 9,2013 PAGE 9 OF 20 RECOMMENDATION: The City Manager recommends that the City Commission adopt Resolution 2013-28, amending the City's Personnel Policies to allow for performance reviews to be conducted annually rather than on anniversary date,and to grant the City Manager the authority to execute these policies as recommended. There was no discussion on this Agenda Item. CONSENT 204. Office of the City Clerk REQUEST: The City Clerk requests that the City Commission review and approve Resolution Number 2013-23 offering their appreciation and gratitude for the service of Ms. Laura-Leigh Wood as a recent Member of the Code Enforcement Board. FISCAL IMPACT: There is no fiscal impact related to Resolution Number 2013-23,if this Resolution is Approved. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. Upon Approval of this Resolution, the City Clerk will contact Ms.Wood on behalf of the Mayor and City Commission, in keeping with what the City Commission has previously requested, and invite Ms.Wood to attend a future City Commission meeting to receive her Resolution in person, from the Mayor and City Commission. RECOMMENDATION: The City Clerk is requesting that the City Commission review and Approve Resolution Number 2013-23. Upon Approval of this Resolution, the City Clerk will then contact Ms.Wood on behalf of Mayor Lacey and the City Commission regarding an official Presentation in her honor by the Mayor and City Commission. No discussion. CONSENT 205. Office of the City Clerk REQUEST: The City Clerk requests that the City Commission review and approve Resolution Number 2013-24 offering their appreciation and gratitude for the service of Mr. Marvin Kelly as a recent Member of the Code Enforcement Board. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 9,2013 PAGE 10 OF 20 FISCAL IMPACT: There is no fiscal impact related to Resolution Number 2013-24,if this Resolution is Approved. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. Upon Approval of this Resolution, the City Clerk will contact Mr. Kelly on behalf of the Mayor and City Commission, in keeping with what the City Commission has previously requested, and invite Mr. Kelly to attend a future City Commission meeting to receive his Resolution in person, from the Mayor and City Commission. RECOMMENDATION: The City Clerk is requesting that the City Commission review and Approve Resolution Number 2013-24. Upon Approval of this Resolution, the City Clerk will then contact Mr. Kelly on behalf of Mayor Lacey and the City Commission regarding an official Presentation in his honor by the Mayor and City Commission. This Agenda Item was not discussed. CONSENT 206. Office of the City Clerk REQUEST: Requesting the City Commission Review and Approve the Monday, August 26, 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. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 9,2013 PAGE 11 OF 20 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. RECOMMENDATION: The City Commission is respectfully requested to consider and offer their Approval of the Monday, August 26,2013 City Commission Regular Meeting Minutes. No discussion. CONSENT 207. Community Development Department-Building Division REQUEST: The Community Development Department, Building Division, is requesting approval from the City Commission to contract with PDCS LLC., for Building Inspections and Plans Review Continuing Services, to be performed on an as needed basis,for an initial period of one (1) year with the potential of up to five (5) annual extensions. FISCAL IMPACT: Funding for services performed pursuant to RFP 003/03/MS will be generated from plans review fees, permit fees and inspections services related to the 420 Fund(an enterprise fund),on an'as needed' basis. 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. RFP 003/03/MS was broadcast to more than 800 prospective bidders through Demand Star and the City's Website on April 14, 2013. Proposals were due to the City by May 16, 2013 at 3pm with six (6) bidders responding with a complete proposal. RECOMMENDATION: The Community Development Department, Building Division, is recommending that the City Commission authorize a continuing services agreement with PDCS, LLC., for Building Inspections and Plans Review Continuing Services (RFP 003/03/MS), with services to be performed on an as needed basis,for an initial period of one(1)year with the potential of up to five(5)annual extensions. It is also recommended that the City Commission authorize the City Manager and the City Attorney to prepare and execute any and all applicable documents required for the agreement with PDCS. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 9,2013 PAGE 12 OF 20 "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used REPORTS REPORTS 400. Office Of The City Attorney—Anthony A. Garganese,Esquire No Report. REPORTS 401. Office Of The City Manager—Kevin L. Smith No Report was given. REPORTS 402. Office Of The City Clerk—Andrea Lorenzo-Luaces,MMC No Report. REPORTS 403. Office of Commissioner Seat Three-The Honorable Pam Carroll Commissioner Pam Carroll noted that as part of the current Leadership Seminole Class 23,they voted to assist the Seminole Work Opportunity Program(SWOP). Continuing with her report, Commissioner Carroll suggested that it might be a good idea for Winter Springs to honor Mr. William Poe who just retired from the Seminole Work Opportunity Program(SWOP) organization after thirty-two (32) years, "To receive a presentation at a future City Commission meeting" for all of his contributions. Deputy Mayor Resnick concurred. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 9,2013 PAGE 13 OF 20 REPORTS 404. Office of Commissioner Seat Four/Deputy Mayor-The Honorable Cade Resnick No Report was given. REPORTS 405. Office of Commissioner Seat Five-The Honorable Joanne M.Krebs No Report. REPORTS 406. Office of the Mayor-The Honorable Charles Lacey Mayor Lacey reported that he had attended a Council of Local Governments in Seminole County (CALNO) meeting last week with presentations given on the Airport and Seminole County's Budget. REPORTS 407. Office of Commissioner Seat One-The Honorable Jean Hovey COMMISSIONER HOVEY MADE A NOMINATION TO APPOINT MR. MATTHEW CRISWELL TO THE CODE ENFORCEMENT BOARD TO FILL THE CURRENT SEAT ONE VACANCY. MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: DEPUTY MAYOR RESNICK: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. REPORTS 408. Office of Commissioner Seat Two-The Honorable Rick Brown Commissioner Rick Brown commented on electrical service problems and asked if a complaint could be filed? Deputy Mayor Cade Resnick also noted he had experienced similar issues. Manager Smith said that work was being done near the Vistawilla Drive area. City Manager Kevin L. Smith added, "The answer to your question is `Yes' and that he had contacted Duke Energy with his concerns. Commissioner Jean Hovey mentioned that she had experienced similar issues at her business office in Orange County. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 9,2013 PAGE 14 OF 20 PUBLIC INPUT Mr. Bill Fernandez, 250 East Panama Road, Winter Springs, Florida: said his comments related to Regular Agenda Item "600" and the proposed Workshop; that there is a 150 foot Power Easement directly behind their property;that he had asked for a Lot Split in March of this year,and the City had changed Lot Split requirements. Continuing, Mr. Fernandez referenced "GOALS, OBJECTIVES, AND POLICIES 1.1.3.:", an Opinion from Assistant City Attorney Kate Latorre, lot specifications and Easements, and how they could affect a potential Lot Split. Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: commented on the City's Pension Plan which he was opposed to, that he thought it was a very generous Plan and the City Commission's responsibility was to make sure it is a sound Pension Plan, and that he thought the overtime and contributions were excessive. Mr. Ligthart suggested he could meet with City Officials to review details of the City's Pension Plan. Mayor Lacey referenced a proposed Workshop on the Pension Plan and asked for clarification on the percentage of how funded the Pension Plan was. Mr.Boyle addressed Mayor Lacey's inquiry. Mr. David Leavitt, Chairman, Libertarian Party of Seminole County, 1000 Ridgepoint Cove, Longwood, Florida: mentioned he was attending Seminole County cities' meetings and asked about a reference to the City's Pension and related overtime. PUBLIC HEARINGS AGENDA- PART II PUBLIC HEARINGS 502. Community Development Department-Planning Division REQUEST: The Community Development Department — Planning Division requests that the City Commission consider second reading and final approval of Ordinance 2013-09, which proposes: 1) to amend Chapter 16, Signs of the City Code of Ordinances, and 2) to revise the State Road 434 sign regulations set forth in Sections 20-470 and 20-486,and incorporate said regulations into Chapter 16. FISCAL IMPACT: While there is no direct fiscal impact to the City, staff has heard numerous requests from the business community for some flexibility and for additional options for signage. Staff is of the opinion that the proposed new code language will facilitate more diversified development and increase the chance of local businesses remaining viable over the long term because of the signage options provided.Business retention and expansion, along with attracting new businesses, will have a positive fiscal impact to the City's tax base. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 9,2013 PAGE 15 OF 20 On July 11, 2013, a City Commission first reading date of July 22, 2013, and a City Commission second reading date of August 12, 2013 was advertised in the Orlando Sentinel. At the request the request of the Planning and Zoning Board at their July 10, 2013 meeting, the revisions were sent back to the Police Department for one additional review. Because of this delay, the advertisement was preserved at the July 22,2013 City Commission meeting by postponing the first reading to a date certain of August 26,2013. RECOMMENDATION: Staff and the Planning & Zoning Board recommend approval of second and final reading of Ordinance 2013-09,which proposes: 1) amend Chapter 16, Signs of the City Code of Ordinances, and 2) to revise the State Road 434 sign regulations set forth in Sections 20-470 and 20-486, and incorporate said regulations into Chapter 16. Attorney Garganese read Ordinance 2013-09 by"Title"only. Brief comments. 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 (SECOND READING AND APPROVAL OF ORDINANCE 2013-09)." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER CARROLL: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Community Development Department-Planning Division REQUEST: The Community Development Department—Planning Division requests that the City Commission hold a public hearing for second reading and final approval of Ordinance 2013-07, which proposes to annex one parcel totaling approximately 4.51 acres, generally located on the northwest corner of the intersection 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. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 9,2013 PAGE 16 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, 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 dates and times of the public hearings has been posted on the property. Additionally,this item has been advertised in the Orlando Sentinel in accordance with the requirements of Florida Statute 171.044(2). RECOMMENDATION: Staff recommends the City Commission approve second reading of Ordinance 2013-07, which proposes annexation of one parcel of land located on the northwest corner of the intersection of DeLeon Street and Florida Avenue. Beginning the discussion on this Agenda Item, Attorney Garganese read Ordinance 2013-07 by"Title"only. Mr. Bobby Howell, AICP, Planner, Community Development Department stated, "There have been no changes since First Reading." Mayor Lacey opened the "Public Input"portion of the Agenda Item. No one addressed the Mayor and City Commission. Mayor Lacey closed the "Public Input"portion of the Agenda Item. "MOTION TO APPROVE (SECOND READING AND APPROVAL OF ORDINANCE 2013-07)." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—SEPTEMBER 9,2013 PAGE 17 OF 20 PUBLIC HEARINGS 504. Community Development Department-Planning Division REQUEST: The Community Development Department-Planning Division requests the City Commission hold a public hearing for the approval of 1) Preliminary Subdivision Plan, and 2) Waivers to Section 20-451(0(2), Section 20-165, and Section 9-127(c) of the Code of Ordinances for Southern Oaks, a single-family residential subdivision located north of SR 434 and west of the intersection of DeLeon Street and Cress Run. FISCAL IMPACT: Approval of the Preliminary Subdivision Plan and the three associated waiver requests allows the subject property to be developed into a single-family residential subdivision. Development of the subject property is anticipated to provide an increase to the City's taxable value. The potential tax revenue of the proposed project is as follows: • Fee Simple Single Family Residential Units-52 units • Units-52 assessed at$200,000=$10,400,000 assessed tax value o $10,400,000/1000=10,400 o $10,400.00 x(2.4300)=$25,272 o $25,272(less the 4% statutory discount)=$24,261.12 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 large yellow sign has been posted on the property noting the date and time of the meeting. RECOMMENDATION: Staff recommends the City Commission approve: 1) Waivers to Section 20-451(0(2), Section 20-165, and Section 9-127(c) of the Code of Ordinances for Southern Oaks 2)Preliminary Subdivision Plan Mr. Howell gave a brief overview of this Agenda Item. Tape 1/Side B The requested Waivers for the City Commission's consideration were reviewed next. Commissioner Krebs remarked about the cell tower and noted, "You said the way the tower is built,that it can be built so that it collapses upon itself. Has that been tested against hurricane winds?" CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 9,2013 PAGE 18 OF 20 Mr. Howell responded, "To my knowledge, no, but probably during when they issued a Building Permit for the tower, it had to go through Florida Building Code requirements and that would probably address Hurricane Code Requirements/Hurricane Wind Requirements." Commissioner Krebs added, "I have a concern about that—only that Waiver I had a concern about." Mr. Randy Stevenson, AICP, Director, Community Development Department commented on having first-hand experience with a cell tower collapsing during a hurricane event in Port St. Lucie,Florida. Commissioner Krebs then mentioned a cell tower and a related fire event. Mr. Stevenson said he thought in this situation,the cell tower did not fall but was dismantled later. 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. MAYOR LACEY ADDED THAT THE MOTION WAS TO APPROVE AGENDA ITEM "504" - THE "PRELIMINARY SUBDIVISION PLAN AND THE ENUMERATED WAIVERS." VOTE: COMMISSIONER CARROLL: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Community Development Department REQUEST: The Community Development Department is requesting that the City Commission establish a date and time for a workshop to discuss the City's process for considering lot split requests. FISCAL IMPACT: There is no direct fiscal impact associated with this request. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 9,2013 PAGE 19 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, 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 requests that the City Commission establish a date and time during the month of October 2013, or later,for a workshop to discuss the City's process for considering lot split requests. Mr. Howell briefly provided some background information on this Agenda Item for discussion. Mayor Lacey asked the Commission if they thought it should be a stand-alone Workshop or if it could be on a Regular City Commission Meeting Agenda? Next,Mr. Howell noted that October was the earliest Staff would be ready and available to discuss this matter. Commissioner Hovey asked, "How much information will we have to review and go over?" Mr. Howell responded, "We can prepare as much information as you'd like. We can have a history of why the Ordinance was adopted; we can take a look at the character of the areas in general — areas of the City where this Code is not applicable and compare it for you." Manager Smith added, "It would be our attempt to provide you with as much detailed information to really frame this issue as much as possible. Secondly, relative to the Mayor's comments, we anticipate that the presentation of those items would probably take somewhere between thirty (30) minutes and an hour. So,we could accommodate either way." With further comments on timing and date, Commissioner Hovey suggested this issue be held on the 28th of October and hold the Regular City Commission Meeting and the Workshop. Commissioner Krebs thought that an actual Workshop permitted more time "To ask questions and then basically take it home and mull over it before making a decision— I don't want us to feel pressured in making a decision" before all of the information can be considered by the City Commission. Commissioner Carroll noted, "If you are going to be preparing it anyway, so if you could send to the Mayor and Commission, the history and what areas of the City are affected and what is currently in place, we would have an opportunity to review it before we reached a Workshop." Mr. Howell stated, "We would be happy to do that. We could prepare just a Regular Agenda Item for you, if you would like on the City Commission Meeting—that's your choice." Commissioner Brown recommended, "It would not necessarily have to be an Agenda Item on the Regular Agenda; we could adjourn the City Commission Meeting and convene a Workshop at the end of the City Commission Meeting to uphold the integrity of the conversation." Commissioner Krebs added, "That is a good idea." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—SEPTEMBER 9,2013 PAGE 20 OF 20 Summarizing, Mayor Lacey asked for any objections to a date of October 28t', 2013 to handle this issue,to which none were noted. Furthermore, Mayor Lacey stated, "Commissioner Brown's suggestion in concert with Commissioner Krebs was that we make it a separate Workshop -that day, and I think the suggestion was to do it after we adjourn the Regular Meeting. So, we still start at 5:15 (p.m.) for the Regular Meeting, and we finish our regular business, then we go into Workshop session on the 28th (October 2013). Everyone agreed?" Commissioner Krebs stated, "Yes." No objections were voiced. PUBLIC INPUT At this time,no one addressed the Mayor and City Commission. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:16 p.m. RESPECTFULLY SUBMITTED: t� & II ' ' ZO-LUACES,MMC CITY CL" APPROVED: M' '( R H' • ' L•-'EY NOTE: These Minutes were approved at the September 23,2013 City Commission Regular Meeting.