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HomeMy WebLinkAbout2013 09 23 City Commission Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA �0NTelR 04 1 1.- itt 0 Z V Incorporated • 1959 l c /,e coD wE ll J� CITY COMMISSION MINUTES REGULAR MEETING MONDAY, SEPTEMBER 23, 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 23,2013 PAGE 2 OF 21 CALL TO ORDER The Regular Meeting of Monday, September 23, 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. 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. 2013-17, which establishes the Final Operating Millage Rate and the Final Voted Debt Service Millage Rate for Fiscal Year 2013-2014 for the City of Winter Springs. 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). 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 greater had the Central Winds General Obligation Bond not been refinanced. 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 23,2013 PAGE 3 OF 21 The Property Appraiser mailed each property owner a TRIM notice prior to the first Public Hearing on September 9th. Additionally, the budget calendar has been on the City's website since its approval in March and notice of the final public hearing was advertised on the City Hall electronic sign and City newsletter. Lastly and most importantly, the statutorily required advertisements ran in the Orlando Sentinel on September 19, 2013. Upon approval and adoption of Resolution No. 2013-17, the final millage rates for fiscal year 2013-2014 will be communicated to the Seminole County Property Appraiser and the Seminole County Tax Collector as the millage rates to be levied by the City of Winter Springs for the 2013 tax year(Fiscal Year 2013-2014). RECOMMENDATION: It is recommended that the Commission adopt Resolution No. 2013-17 establishing the final operating millage rate for Fiscal Year 2013-2014 at 2.4300 mills, the final voted debt service millage rate for Fiscal Year 2013-2014 at 0.1100 mills,and publicly announce the percentage(2.68%) by which the final operating millage rate is more than the rolled-back rate. Ms.Kelly Balagia,Budget Analyst,Finance and Administrative Services Department presented this Agenda Item for discussion. 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 MOVE THAT THE COMMISSION ADOPT RESOLUTION NUMBER 2013-17 ESTABLISHING THE FINAL OPERATING MILLAGE RATE FOR FISCAL YEAR 2013-2014 AT 2.4300 MILLS,THE FINAL VOTED DEBT SERVICE MILLAGE RATE FOR THE FISCAL YEAR 2013 AND 2014 AT 0.1100 MILLS, AND PUBLICLY ANNOUNCE THE PERCENTAGE (2.68%) BY WHICH THE FINAL OPERATING MILLAGE RATE IS MORE THAN THE ROLLED-BACK RATE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR LACEY SUGGESTED THE RULES ALLOW FOR A LOWER MILLAGE RATE IF THE COMMISSION WANTED TO MAKE ANY CHANGES. COMMISSIONER BROWN ASKED THE CITY CLERK, "COULD I PLEASE GET A COPY OF THIS RESOLUTION WHEN IT IS SIGNED BY THE MAYOR." CITY CLERK ANDREA LORENZO- LUACES RESPONDED,"OF COURSE." VOTE: DEPUTY MAYOR RESNICK: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: 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 to consider the approval of Resolution No.2013-18,establishing the Final Budget for Fiscal Year 2013-2014. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 23,2013 PAGE 4 OF 21 FISCAL IMPACT: The proposed final 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)—($3,115,004) Enterprise Funds—($508,901) 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 the first Public Hearing on September 9th.Additionally,the budget calendar has been on the City's website since its approval in March and notice of the final public hearing was advertised on the City Hall electronic sign and City newsletter. Lastly and most importantly, the statutorily required advertisements ran in the Orlando Sentinel on September 19,2013.Within two weeks of adoption the Final Budget will be placed on the City's website. RECOMMENDATION: It is recommended that the Commission adopt Resolution No.2013-18, approving and establishing the final budget for Fiscal Year 2013-2014. Ms. Balagia introduced this Agenda Item and remarked, "The only changes that have been made since the Tentative Budget concern, pre-payment that came in for Tuscawilla III - the Wall. So, those changes have been summarized in your second attachment there, and the Resolution sets forth all the budgeted expenditures." 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 ADOPT RESOLUTION NUMBER 2013-18, APPROVING AND ESTABLISHING THE FINAL BUDGET FOR FISCAL YEAR 2013-2014." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 23,2013 PAGE 5 OF 21 VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. 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. There was no discussion on this Agenda Item. INFORMATIONAL 101. Parks and Recreation Department REQUEST: The Parks and Recreation Department wishes to inform the City Commission about planning efforts for the 2013 Hometown Harvest event. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 23,2013 PAGE 6 OF 21 FISCAL IMPACT: • Projected expenses of$3,950. (Attachment A) • Projected revenues from sponsorship and vendor booths is $4,500 • Projected net revenue for the event is $550. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. No discussion. INFORMATIONAL 102. Finance and Administrative Services Department REQUEST: The Finance and Administrative Services Department would like to provide the Commission with an update on the status of the Identity Theft Prevention"Red Flag Rules"Program. FISCAL IMPACT: There is no direct fiscal impact to the City this year due primarily to the low level of fraud. 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. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 23,2013 PAGE 7 OF 21 "MOTION TO APPROVE (INFORMATIONAL AGENDA)." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR RESNICK. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CONSENT AGENDA CONSENT 200. Information Services Department REQUEST: The Information Services Department requests the Commission approve renewal and payment of the MUNIS annual maintenance and support agreements in the amount of $73,595 and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. FISCAL IMPACT: $73,595. This item is budgeted in Information Services Department 1340-54633 (Maintenance Agreements and Contracts). 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 Information Services Department requests the Commission approve renewal and payment of the MUNIS annual maintenance and support agreements in the amount of $73,595 and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. There was no discussion on this Agenda Item. CONSENT 201. Information Services Department REQUEST: The Information Services Department requests the Commission approve renewal and payment of the Oracle annual maintenance and support agreement in the amount of$26,522.49 to Oracle America and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 23,2013 PAGE 8 OF 21 FISCAL IMPACT: Oracle Database Support $15,155.72 Oracle App Server Support $11,366.77 Total $26,522.49 This item is budgeted in Information Services Department 1343. 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 Information Services Department requests the Commission approve renewal and payment of the Oracle annual maintenance and support agreement in the amount of$26,522.49 to Oracle America and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. No discussion. CONSENT 202. Utility Department REQUEST: Utility Department Requesting Approval to piggyback off of the City of Eustis contract with Odyssey Manufacturing Company for the purchase of Sodium Hypochlorite(liquid chlorine). FISCAL IMPACT: Annual expenses of $125,000 for the purchase of liquid are budgeted in the Utility Department chlorine line code 3600-55233. The remaining funds are used for gas chlorine which is still used at WTP#1. 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 23,2013 PAGE 9 OF 21 RECOMMENDATION: It is recommended that authorization be granted for the City Manager and City Attorney to prepare and execute any and all applicable documents needed to piggyback off of the City of Eustis contract with Odyssey Manufacturing Company for the purchase of sodium hypochlorite at $0.74 per gallon though June 22,2016. This Agenda Item was not discussed. CONSENT 203. Not Used CONSENT 204. Office of the City Clerk REQUEST: Requesting the City Commission Review and Approve the Monday, September 9, 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, September 9,2013 City Commission Regular Meeting Minutes. No discussion. CONSENT 205. Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting that the City Commission approve Resolution 2013- 30, reclassifying Winter Springs resident and non-resident status at the Senior Center and Therapy Pool for memberships,activities and programs. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 23,2013 PAGE 10 OF 21 FISCAL IMPACT: Projected increase in revenue by$12,000-$14,000 annually. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Parks and Recreation Department is recommending that the City Commission approved Resolution 2013-30 reclassifying resident and non-resident status at the Senior Center and Therapy Pool for memberships, activities and programs. There was no discussion on this Agenda Item. "MOTION TO APPROVE (CONSENT AGENDA)." MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR RESNICK: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used REPORTS REPORTS 400. Office Of The City Attorney—Anthony A. Garganese,Esquire City Attorney Anthony A. Garganese stated, "Just requesting that the Commission consider granting additional time to the Districting Commission to complete their work." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 23,2013 PAGE 11 OF 21 Continuing, Attorney Garganese explained that the Districting Commission had met during a public meeting and considered recommendations from Staff; and that the Districting Commission had accepted a Districting map contingent on some further calculations that City Staff was going to do. Attorney Garganese added, "It's possible and probably likely that the Districting Commission may have one (1) more meeting. Their deadline to submit the Report is October 8th, which is prior to your next Commission meeting. They may be able to complete all of it by the 8t` but in the event they don't, would you consider granting additional time until say the end of October, October 31st,just in case." "I WILL MAKE THE MOTION THAT WE ALLOW THE DISTRICTING COMMISSION THE EXTRA TIME NECESSARY TO COMPLETE THEIR WORK." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. RELATED TO A DEADLINE, ATTORNEY GARGANESE SUGGESTED, "I AM RECOMMENDING OCTOBER 31ST, 2013." COMMISSIONER BROWN ADDED, "CAN WE INCLUDE THAT IN THE MOTION PLEASE." MAYOR LACEY ASKED, "IS THERE ANY OBJECTION FROM THE COMMISSION TO..." COMMISSIONER KREBS STATED, "...SECOND..." . MAYOR LACEY CONTINUED, "...MODIFY THE MOTION TO ADD THE DATE OCTOBER 31ST." NO OBJECTIONS WERE STATED. FURTHER COMMENTS. VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR RESNICK: AYE MOTION CARRIED. REPORTS 401. Office Of The City Manager—Kevin L. Smith No Report. REPORTS 402. Office Of The City Clerk—Andrea Lorenzo-Luaces,MMC No Report was given. REPORTS 403. Office of Commissioner Seat Four/Deputy Mayor-The Honorable Cade Resnick No Report. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 23,2013 PAGE 12 OF 21 REPORTS 404. Office of Commissioner Seat Five-The Honorable Joanne M.Krebs MOTION TO REAPPOINT MR. VINCENT GIANNONI TO THE BOARD OF TRUSTEES. MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER CARROLL: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Secondly, Commissioner Joanne M. Krebs remarked that at the next Tri-County League of Cities meeting, they are most likely creating an associate membership and suggested we make sure we have a member in attendance to cast a Vote. Commissioner Krebs noted she was planning to attend. Attorney Garganese suggested that at the October 14th, 2013 City Commission Regular Meeting, the City Commission review the actual proposed amendment to the articles of incorporation of the Tri-County League of Cities and that the Commission could offer direction to the individual who will represent Winter Springs. Commissioner Krebs thought this was a good idea. Mayor Lacey suggested we have an alternate attendee. With further comments, Commissioner Jean Hovey said she would forward the City Clerk an email she had received on this same matter and would also try to attend the October 17th, 2013 Tri-County League of Cities meeting. Commissioner Rick Brown asked that if Commissioner Krebs or Commissioner Hovey cannot attend, to advise him and he would try to attend and represent Winter Springs. Next, Commissioner Krebs referenced the last City Commission Regular Meeting, and that she was surprised to hear the Mayor make a Motion, and said to Attorney Garganese, "Can you put together an Opinion on that. As far as I know, all the power is vested in the Commission." Attorney Garganese stated, "I would be happy to put together an Opinion or complete the one that I am writing." Much discussion ensued on the City Commission,the role of the Mayor, the City's Charter, Motions, and whether this could be defined in the Commission's Rules of Procedures. Attorney Garganese noted, "You could clarify in the Resolution that's presented tonight." Quorum status, power of the Commission, Charter stipulated rules of authority, how the Mayor represents the City, the Mayor and City Clerk affixing their signatures on Resolutions and Ordinances, and ministerial duties were addressed next. Mayor Lacey noted some disagreements he had; and discussion followed on Appointing Charter Officials, a previous action related to a former Mayor, whether the Mayor was part of the Commission and/or governing body, Charter excerpt 4.1.3, quorums, Commission voting, the Mayor's ability to break a tie and common law considerations. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 23,2013 PAGE 13 OF 21 REPORTS 405. Office of the Mayor-The Honorable Charles Lacey No Report was given. REPORTS 406. Office of Commissioner Seat One-The Honorable Jean Hovey No Report. REPORTS 407. Office of Commissioner Seat Two-The Honorable Rick Brown Commissioner Brown mentioned the upcoming Hometown Harvest event and that he wanted to recognize Staff. and then stated, "I wanted to congratulate everybody on once again bringing in a City event to not only on budget, and under budget but actually making money off of it. Exactly the same as we did on the 4th of July. So, Congratulations, I really appreciate all the efforts." Commissioner Krebs added, "We all do." REPORTS 408. Office of Commissioner Seat Three-The Honorable Pam Carroll Commissioner Pam Carroll noted that when she served on the Volunteer Special Events Committee, that the Hometown Harvest event had always showed some profit, and she was looking forward to this year's Hometown Harvest event. PUBLIC INPUT Former Mayor/Commissioner Paul P. Partyka who was in the audience, was recognized. Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: spoke about a previous offer to meet with the City Commission, complimented Kevin Smith on being a great City Manager, that cities typically "copy and paste"what other cities do, and that Manager Smith tries different approaches. Mr. Ligthart further remarked about risks associated with Fire Fighters and other potentially dangerous vocations. PUBLIC HEARINGS AGENDA- PART II PUBLIC HEARINGS 502. Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 23,2013 PAGE 14 OF 21 REGULAR AGENDA REGULAR 600. Public Works Department REQUEST: The Public Works Department requests the City Commission's input and approval of a Stakeholder Outreach Plan for the design of Intersection Improvements at S.R. 434 and Tuskawilla Road (Market Square). FISCAL IMPACT: The project is entirely federally funded and has no budget impact to 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. RECOMMENDATION: Staff recommends the Commission review and approve the Stakeholder Outreach Plan for the design of Intersection Improvements at S.R.434 and Tuskawilla Road(Market Square). Mr. Brian Fields, P.E., City Engineer, Public Works Department began the discussion on this Agenda Item and reviewed the planned process related to this plan. "I MAKE A MOTION TO APPROVE THE STAKEHOLDER OUTREACH PLAN AS SET OUT BY MR. FIELDS." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER CARROLL. BRIEF DISCUSSION. VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Mayor Lacey spoke for the Record about the Vote. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—SEPTEMBER 23,2013 PAGE 15 OF 21 REGULAR 601. Office of the City Attorney and Office of the City Manager REQUEST: The City Attorney and City Manager request that the City Commission approve Resolution 2013-29 modifying the Rule and Procedures for City Commission meetings,effective October 1,2013. FISCAL IMPACT: None. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Attorney and City Manager recommend approval of Resolution 2013-29, effective October 1, 2013. Attorney Garganese introduced this Agenda Item, recent changes in the Law, and remarked, "It's important for the Commission to recognize the new law,make the necessary adjustments that need to be made to implement the new law and to keep your meetings efficient." Further comments. Tape 1/Side B Attorney Garganese then addressed the second round of Public Input and recommended that it not be mandatory, to provide for flexibility. Additionally, Attorney Garganese noted that "One major impact that you are going to see from the law, from Winter Springs' perspective, is when you bring things up ad hoc for final official action, like under `Reports' — the Mayor as the Presiding Officer would, if you've got a Motion and a Second, before final action was taken,the Mayor is going to have to open it up for `Public Input'. Anywhere on the Agenda, where you bring something up ad hoc for an official action, unless it meets one (1) of the exceptions." Attorney Garganese gave an example of an Appointment being made during "Reports"; and if a Motion and Second were offered, then the Mayor would need to then open"Public Input"up and once this was done, an official Vote could be taken." With further comments, Manager Smith suggested the Agenda format be modified as in the following order: 100—AWARDS AND PRESENTATIONS 200—INFORMATIONAL AGENDA PUBLIC INPUT 300-CONSENT AGENDA 400-REPORTS 500-PUBLIC HEARINGS AGENDA 600-REGULAR AGENDA CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 23,2013 PAGE 16 OF 21 Manager Smith added, "If the Commission is agreeable to that, per your previous direction, we'd also like to make that applicable to all your Boards and Committees." No objections were voiced. Next, Commissioner Krebs referenced the earlier discussion on the Commission clarifying the voting and Attorney Garganese noted, "You could clarify that in `I. E.' where Motions belong to the Commission, if the Commission wanted to clarify that members of the City Commission can make the Motions. Once they're made, they belong to the Commission as a body. I could add some language in there if you desire." Continuing, Commissioner Krebs said to Manager Smith, "I think that is a great plan for how you recommended. Furthermore, Commissioner Krebs thought that the second `Public Input' should probably remain on the Agenda." Discussion followed on Informational Agenda Items and also related to the second"Public Input", Commissioner Carroll thought it was helpful and added, "I would be against eliminating it." Mayor Lacey asked the City Commission, "Is there a Consensus that anyone would voice on whether to keep or dispose the last `Public Input'?" Commissioner Hovey agreed to this as did Deputy Mayor Cade Resnick who said,"Keep it." Mayor Lacey summarized,"I hear Consensus." Attorney Garganese pointed out, "The way the Resolution is drafted, that second `Public Input' would be — the way I wrote it, it's discretionary. Now, you still can mandate it through practice, but it's written as discretionary. Now that's what I am recommending that you do." Continuing, Attorney Garganese spoke further about the differences in the "Public Input" forums and noted, "The first delegation of open forum would allow anybody to come in and speak on items that are on the Commission Agenda; and then there are some others where citizens and taxpayers can come in and speak on matters of general concern, employees can come and speak on employment issues. That second delegation/open forum—you don't have that provision about speaking on items that are on the Agenda because they've already been dispensed with." Mayor Lacey noted, "So, the Resolution leaves the second `Public Input' as optional but the City Manager prepares the Agenda and he knows the will of the Commission. If the will of the Commission ever changes, he has the freedom to drop that off, without changing the Resolution; so, I think we're comfortable with that — everyone?" No objections were voiced. Attorney Garganese noted a minor typographical error on page 5 of the proposed Resolution in this Agenda Item, the first line, there is language — "`a decision' - that language `a decision' is superfluous, that needs to just be stricken. So, it should read, ...at which the City Commission shall take final official action on any proposition,'..." Mayor Lacey stated, "Is there a Motion to approve Resolution 2013-29 with the change in paragraph H?" "SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 23,2013 PAGE 17 OF 21 Manager Smith noted, "Although it is alluded to in the Resolution, although not specifically stated, I just want to confirm that the Commission is good by Consensus with the new format order for the Agenda Items?" Thus, with no objections voiced, the latest complete Agenda format as reviewed earlier by Manager Smith as just modified and agreed to by the City Commission, going forward and using the typical wording would be as noted below: CALL TO ORDER 100 - AWARDS AND PRESENTATIONS 200 -INFORMATIONAL AGENDA PUBLIC INPUT 300 - CONSENT AGENDA 400 - REPORTS 500 - PUBLIC HEARINGS AGENDA 600 - REGULAR AGENDA PUBLIC INPUT ADJOURNMENT Commissioner Krebs then asked about the previous Motion and Attorney Garganese noted, "The way I heard it, the typographical error was included in the Motion but not your suggestion that you brought up regarding Motions. "I WOULD LIKE TO MAKE A MOTION TO INCLUDE CLARIFICATION ON VOTING AS WE DISCUSSED EARLIER IN THIS DOCUMENT THAT WE JUST PASSED — THE RESOLUTION." MOTION BY COMMISSIONER KREBS. ATTORNEY GARGANESE NOTED, "LOOKING FOR LANGUAGE THAT STATES THAT MEMBERS OF THE CITY COMMISSION MAY MAKE MOTIONS OR SHALL BE THE ONLY ONES TO BE ABLE TO MAKE MOTIONS DURING THE MEETINGS..." COMMISSIONER KREBS ADDED,"...AS YOU OPINED." MAYOR LACEY SAID TO COMMISSIONER KREBS, "IS YOUR MOTION ASKING THE CITY ATTORNEY TO COME BACK WITH LANGUAGE TO THAT EFFECT OR TO MODIFY RESOLUTION 2013-29..." COMMISSIONER KREBS CONTINUED, "...RIGHT —AND INCLUDE IT IN THAT." ATTORNEY GARGANESE REFERENCED SECTION I. E.—"`Motions Belong to Commission.'. THAT COULD BE MODIFIED TO STATE `MOTIONS SHALL ONLY BE PERMITTED BY MEMBERS OF THE CITY COMMISSION.' AND THEN IT WILL CONTINUE ON WITH THE EXISTING LANGUAGE—MOTIONS ONCE MADE AND SECONDED BELONG TO THE COMMISSION." THE CITY CLERK WAS AKED TO RESTATE THE MOTION WHICH WAS DONE. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR LACEY ASKED ATTORNEY GARGANESE IF HE UNDERSTOOD "THE MODIFICATIONS THAT HAVE BEEN REQUESTED?" CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 23,2013 PAGE 18 OF 21 ATTORNEY GARGANESE REMARKED, "COMMISSIONER KREBS' MOTION IS A MOTION TO INCLUDE IN SECTION I. E., LANGUAGE THAT STATES, `MOTIONS SHALL ONLY BE PERMITTED BY MEMBERS OF THE CITY COMMISSION'." FURTHER DISCUSSION ENSUED ON THE CHARTER, THE ROLE OF THE CITY ATTORNEY, AND DIFFERING VIEWS. ATTORNEY GARGANESE REMARKED, "NOTHING THAT I AM SAYING TONIGHT SUGGESTS THAT THE MAYOR DOESN'T HAVE THE ABILITY TO SUGGEST AND/OR RECOMMEND THAT A MOTION BE MADE." COMMISSIONER KREBS ADDED,"AGREED." REMARKS CONTINUED. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. REGULAR 602. Community Development Department-Planning Division REQUEST: The Community Development Department—Planning Division requests that the City Commission review and approve the Five-Year Capital Improvements Program for FY 2014 through FY 2019. FISCAL IMPACT: The Capital Improvements Program (CIP) is a 6-year schedule of improvements that includes the Capital Improvements Element Schedule and all other capital projects to be funded by the City. The CIP neither appropriates funds nor authorizes projects; it is a planning document. However,the items identified in the first year of the CIP are typically included in the upcoming year's budget for the City. There is no immediate fiscal impact directly 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-SEPTEMBER 23,2013 PAGE 19 OF 21 RECOMMENDATION: The Community Development Department - Planning Division and the Planning & Zoning Board/Local Planning Agency recommend that the City Commission approve the Capital Improvements Program for FY 2014 through FY 2019. Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department briefly introduced this Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. VOTE: DEPUTY MAYOR RESNICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. Mayor Lacey summarized, "The Capital Improvements Program is approved." REGULAR 603. Office of the City Clerk REQUEST: The City Clerk requests that City Commissioners for Seat One, Seat Three, and Seat Five make a ReAppointment/Appointment to the Board of Trustees pursuant to Ordinance 2010-14, as these Seats will expire for the current individuals,on January 1,2014. FISCAL IMPACT: There is no noted fiscal impact to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. In early September 2013,the Board of Trustees Members whose Term of Office is expiring, as documented in this Agenda Item, have been contacted. Additionally, the respective Commissioners have been notified of any interest; and have been provided with such information,and any Applications submitted. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-SEPTEMBER 23,2013 PAGE 20 OF 21 RECOMMENDATION: The following Commissioners are respectfully requested to make a Motion for each Nomination please. Appointment/Reappointment to be made by Seat One- Commissioner Jean Hovey: • Seat currently held by Frank Mundo-Board of Trustees Appointment/Reappointment to be made by Seat Three-Commissioner Pam Carroll: • Seat currently held by Brian Fricke-Board of Trustees Appointment/Reappointment to be made by Seat Five- Commissioner Joanne M.Krebs: • Seat currently held by Vincent Giannoni-Board of Trustees "I WOULD LIKE TO MAKE THE MOTION TO REAPPOINT FRANK MUNDO TO THE BOARD OF TRUSTEES." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR RESNICK: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION TO REAPPOINT BRIAN FRICKE TO THE BOARD OF TRUSTEES." MOTION BY COMMISSIONER CARROLL. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER CARROLL: AYE DEPUTY MAYOR RESNICK: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. PUBLIC INPUT Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: following up on his previous comments,Mr. Ligthart commented more on high-risk jobs,that his data came from the Department of Labor, and spoke more on jobs that have high risk, as in Mr. Kip Lockcuff's, (P.E., Director) Public Works/Utility Departments; and mentioned some cities in the United States where there is a high risk associated with living there. In other City business, brief comments followed on the upcoming Hometown Harvest event scheduled for Saturday,October 12`h, 2013. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—SEPTEMBER 23,2013 PAGE 21 OF 21 ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:25 p.m. RESPECTFULLY SUBMITTED: i AND' Y"L ' NZO-LUACES,MMC LERK APPROVED: MAY rir-F4 S ...A —'Y' NOTE: These Minutes were approved at the October 14 ,2013 City Commission Regular Meeting.