HomeMy WebLinkAbout2015 04 13 City Commission Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA
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CITY COMMISSION
MINUTES
REGULAR MEETING
MONDAY,, APRIL 13, 2015 - 6:00 P.M.
CITY HALL — COMMISSION CHAMBERS
1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA
Mayor Charles Lacey
Deputy Mayor Joanne M. Krebs - Seat Five
Commissioner Jean Hovey - Seat One
Commissioner Kevin Cannon - Seat Two
Commissioner Pam Carroll - Seat Three
Commissioner Cade Resnick - Seat Four
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -- APRIL 13, 2015 PAGE 2 OF 24
CALL TO ORDER
The Regular Meeting of Monday, April 13, 2015 of the City Commission was called to Order by Mayor Charles
Lacey at 6:01 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 Joanne M. Krebs, present
Commissioner Jean Hovey, present
Commissioner Kevin Cannon, present
Commissioner Pam Carroll, present
Commissioner Cade Resnick, 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.
Regarding the Agenda, Mayor Lacey said to the City Commission, "Shall we adopt the Agenda without
objection ?" Commissioner Kevin Cannon stated, "No objection from me." With no objections noted, Mayor
Lacey stated, "hearing none, it is adopted."
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
100. Office of the City Manager
REQUEST:
Presentation of Resolution Number 2015 -08 recognizing Mr. Ron Kandzer for his years of dedicated
service as an Employee of the City of Winter Springs and expressing our Appreciation on behalf of the
Mayor and City Commission, City Manager, City Staff, and Citizens of the City of Winter Springs,
Mr. Ron Kandzer, Information services department was presented with Resolution 2015 -08 in honor of his
dedicated service and contributions to the City of Winter Springs.
Brief comments.
Former Mayor Paul P. Partyka was recognized.
INFORMATIONAL AGENDA
INFORMATIONAL
200. Community Development Department
REQUEST:
The Community Development Department is advising the City Commission of the status of various
development projects within the City.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR. MEETING - APRIL 13, 201.5 PAGE 3 OF 24
FISCAL IMPACT:
There is no fiscal impact associated with this agenda item.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager,
City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,
portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been
electronically forwarded to the individuals noted above, and which is also available on the City's Website,
LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who
have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with
the City, and all individuals who have requested such information. This information has also been posted
outside City Hall, posted inside City Hall with additional copies available for the General Public, and
posted at five (5) different locations around the City. Furthermore, this information is also available to any
individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any
interested individuals.
RECOMMENDATION:
Staff requests the City Commission receive and review the information provided in this Agenda Item.
There was no discussion on this Agenda Item.
PUBLIC INPUT
Mayor Lacey opened "Public Input ".
Mr. Dale Baker, 2615 Talon Court, Orlando Florida: congratulated Mr. Ron Kandzer for his great efforts and
accomplishments, especially regarding the City's electronic plans process.
Ms. Mary Brook, 1631 Wood Duck Drive, Winter Springs, Florida: as the Chairperson of the Tuscawilla Lighting
and Beautification District Advisory Committee, Ms. Brook offered remarks about Regular Agenda Item "600"
and hoped the City Commission would support the Tuscawilla Lighting and Beautification District Advisory
Committee's request to begin holding monthly meetings.
Mr. Tom vagnini, 1214 Jaguar Court, Winter Springs, Florida: as the Vice- Chairperson of the Tuscawilla
Lighting and Beautification District Advisory Committee, Mr. Vagnini commented on the different aspects that
this Committee deals with, and in relation to Regular Agenda Item "600 ", asked the City Commission to support
going to monthly meetings, at least temporarily so the Committee can catch up.
Mayor Lacey recognized former City Commissioner Don Gilmore.
Mr. Don Gilmore, 803 Leopard Trail, Winter Springs, Florida: as a member of the Tuscawilla Lighting and
Beautification District Advisory Committee, Mr. Gilmore spoke of some of the issues this Committee is dealing
with and thought the Committee needed to hold more meetings to find out more of what was going on, and asked
the City Commission to support the request of the Tuscawilla Lighting and Beautification District Advisory
Committee going to monthly meetings. Mr. Gilmore also thought it would be more cost effective to hold their
meetings in a conference room.
Commissioner Kevin Cannon asked if monthly meetings were held, would the meetings be shorter and discussion
followed. Brief comments followed.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 13, 2015 PAGE 4 OF 24
Mr. Joe Crum, Building official, Community Development Department complimented Mr. Ron Kandzer for his
great work with the Information Services Department, especially with electronic plans.
Mayor Lacey closed "Public Input ".
CONSENT AGENDA
CONSENT
300. 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.
This Agenda Item was not discussed.
CONSENT
301. Utility Department
REQUEST:
Utility Department Requests Approval for an Increase to the Biosolids Disposal Costs to the Contract with
Sweetwater Environmental, Inc.
FISCAL IMPACT:
The increased rate for biosolids disposal will cost an additional $43,000 for the remainder of the fiscal
year from the Utility Enterprise Fund. Funds needed to cover the increase for the balance of FY 14 will be
transferred from savings in other line codes.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 13, 2015 PAGE 5 OF 24
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 Utility Department requests that the City Commission approve the increased cost to $0.15 per gallon
for biosolids disposal with Sweetwater Environmental, Inc. and authorize the City Manager and City
Attorney to execute any and all documents necessary.
No discussion.
CONSENT
302. Public Works Department
REQUEST:
Public 'works Department Requesting that the City Commission authorize the execution of an Agreement
with Ashbritt Environmental for storm debris removal by piggybacking off of their contract with the City
of Orlando.
FISCAL IMPACT:
No funding is required at this time. It is anticipated that the funding source for debris removal will be the
assigned Storm Reserve fund balance of the Solid Waste Fund.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager,
City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,
portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been
electronically forwarded to the individuals noted above, and which is also available on the City's Website,
LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who
have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with
the City, and all individuals who have requested such information. This information has also been posted
outside City Hall, posted inside City Hall with additional copies available for the General Public, and
posted at five (5) different locations around the City. Furthermore, this information is also available to any
individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any
interested individuals.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 1. 3, 2015 PAGE 6 OF 24
RECOMMENDATION:
It is recommended that authorization be given for the City Manager and City Attorney to prepare and
execute any and all documents necessary to execute a storm debris removal contract with Ashbritt
Environmental through September 30, 2016 by piggybacking off of the City of Orlando's Contract
#RFP11- 0052 /TM.
There was no discussion on this Agenda Item.
CONSENT
303. Office of the City Clerk
REQUEST:
The City Clerk is requesting the City Commission Review and Approve the Monday, March 23, 2015 City
Commission Regular Meeting Minutes.
FISCAL IMPACT:
There is no fiscal impact related to this Agenda Item.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager,
City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,
portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been
electronically forwarded to the individuals noted above, and which is also available on the City's Website,
LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who
have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with
the City, and all individuals who have requested such information. This information has also been posted
outside City Hall, posted inside City Hall with additional copies available for the General Public, and
posted at five (5) different locations around the City. Furthermore, this information is also available to any
individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any
interested individuals.
RECOMMENDATION:
The City Clerk is requesting the City Commission review and consider offering their Approval of the
Monday, March 23, 2015 City Commission Regular Meeting Minutes.
No discussion.
CONSENT
304. Information Services Department
REQUEST:
The Information Services Department requests that Commission approve the procurement of a Nimble
CS300 network storage device from vendor CDW -G (via GSA Contract GS- 35F- 0119Y) utilizing FY 2015
budgeted funds in the amount of $79,905.25, and a contingency in the amount of $2,500.
FISCAL IMPACT:
The fiscal impact is $52,405.25 budgeted in the Information Services Department FY 2015 budget
($79,905.25 Nimble + $2,500 contingency).
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 13, 2015 PAGE 7 OF 24
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:
Information Services requests the Commission approve the purchase of a Nimble CS300 network storage
device from CDW -G in the amount of $79,905.25 (using GSA Schedule GS- 35F- 0119Y) and a contingency
in the amount of $2,500.
This Agenda Item was not discussed.
"I MOVE TO APPROVE CONSENT AGENDA." MOTION BY COMMISSIONER CANNON.
SECONDED BY COMMISSIONER CARROLL. DISCUSSION
VOTE:
COMMISSIONER CARROLL: AYE
COMMISSIONER RESNICK: AYE
DEPUTY MAYOR KREBS: AYE
COMMISSIONER CANNON: AYE
COMISSIONER HOVEY: AYE
MOTION CARRIED.
REPORTS
REPORTS
400. Office Of The City Attorney — Anthony A. Garganese, Esquire
No Report.
REPORTS
401. Office Of The City Manager — Kevin L. Smith
Beginning his Report, City Manager Kevin L. Smith mentioned, "We typically cancel our second meeting in May
in deference to Memorial Day. Could I get your concurrence to do so officially?"
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 13, 2015 PAGE S OF 24
"SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER
CANNON. DISCUSSION
MAYOR LACEY SUMMARIZED, "WE HAVE THE REGULARLY SCHEDULED FIRST MEETING
IN MAY AND OMIT THE SECOND."
VOTE:
COMMISSIONER RESNICK: AYE
COMISSIONER HOVEY: AYE
DEPUTY MAYOR KREBS: AYE
COMMISSIONER CANNON: AYE
COMMISSIONER CARROLL: AYE
MOTION CARRIED.
Discussion followed on the first July City Commission Regular Meeting which often conflicts with the July 4th
holiday and it was suggested that a Budget Workshop be held in place of the first City Commission Meeting.
COMMISSIONER HOVEY MENTIONED THE SECOND MONDAY IN JULY OF THIS YEAR IS
JULY 13TH AND SUGGESTED, "WE COULD SCHEDULE A WORKSHOP FOR THE 13TH..."
COMMISSIONER CARROLL ADDED, "...TURN IT INTO A BUDGET WORKSHOP." MAYOR
LACEY ASKED COMMISSIONER HOVEY IF THAT WAS A MOTION, TO WHICH
COMMISSIONER HOVEY STATED, "SURE." MOTION. MOTION BY COMMISSIONER HOVEY.
SECONDED BY COMMISSIONER CARROLL. DISCUSSION.
COMMISSIONER RESNICK ASKED MANAGER SMITH IF THAT PROVIDED HIM WITH
ENOUGH TIME TO TAKE CARE OF BUSINESS RELATED TO THE BUDGET, MANAGER SMITH
STATED THAT THE TIMELINE WOULD WORK. COMMISSIONER RESNICK ADDED, "WE JUST
CANNOT VOTE ON ANYTHING ON THE 13TH (OF JULY), SO WE WOULD BE REVIEWING
BUDGET, AND VOTE ON BUDGET ON THE 27TH (OF JULY)..." MANAGER SMITH NOTED, "...I
WOULD BE ASKING FOR YOUR DIRECTION RELATIVE TO MY PROPOSED MILLAGE RATE.
IF YOU ALL DID HAVE A SIGNIFICANT PROBLEM WITH IT, THEN IT WOULD COME BACK TO
YOU ALL AT THE NEXT MEETING ON THE 27TH (OF JULY) FOR RATIFICATION."
FURTHERMORE, MANAGER SMITH ADDED, "IF YOU DID HAVE A PROBLEM WITH IT, I
WOULD TAKE YOUR INPUT CONSENSUS AND WE WOULD ADJUST ACCORDINGLY."
MAYOR LACEY SUMMARIZED THE MOTION AS, "A WORKSHOP ON JULY 13TH IN LIEU OF
THE REGULAR MEETING - THAT WOULD STILL BE AT SIX O'CLOCK."
MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS,
With comments on scheduling similar changes last year for going forward, Commissioner Cade Resnick thought
this had been discussed previously. Manager Smith elaborated, "The past practice and the desire at the time was
to have one (1) meeting in November in deference to Veteran's Day and Thanksgiving, and then one (1) meeting
in December in deference to the Christmas holiday." Commissioner Resnick mentioned the May and July dates,
to which Manager Smith agreed.
Commissioner Resnick hoped that this could be agreed to formally, and to that point, Manager Smith stated, "If
this Commission is of the mindset to go ahead and make that the ongoing schedule subject to changes that we
could always make."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 139 2015 PAGE 9 OF 24
Manager Smith summarized, "No second meeting in May in deference to Memorial Day; no first meeting in July,
rather substitute that with a Budget Workshop; one (1) meeting in November which would be on the third
Monday of each year, and one (1) meeting in December which would be on the second Monday of each year."
Mayor Lacey remarked, "That is my understanding." Commissioner Jean Hovey, Commissioner Resnick and
Commissioner Cannon noted their agreement. Hearing no objections, Mayor Lacey noted, "I believe we have
Consensus of the Commission to set the schedule as you just recited." Commissioner Pam Carroll stated, "Yes."
Mayor Lacey then said, "For the Record, is there any objection to adopting the policy set forth ?" Commissioner
Carroll and Commissioner Resnick said, "No." Mayor Lacey summarized, "There is no objection. Passes with
unanimous Consent."
REPORTS
442. Office Of The City Clerk — Andrea Lorenzo- Luaces, MMC
No Report was given.
REPORTS
443. Office of Commissioner Seat Two - The Honorable Kevin Cannon
Commissioner Cannon mentioned the recent Tuscawilla Homeowner's Association event and said that the Police
Department's Officers attending the event did a great job, and also seemed to have had a good time.
Captain Chris Deisler, Police Department stated, "Fantastic, I'll pass that on to the Chief."
REPORTS
444. Office of Commissioner Seat Three - The Honorable Pam Carroll
Commissioner Carroll mentioned she attended the first of this year's Winter Springs' "ARTOBERFEST" planning
meeting and this year's event should be similar to last year's event complete with German music and theme.
Secondly, Commissioner Carroll noted that an Incubator client she has been helping find office space in the City
should be moving into their business space on Moss Road in early May of this year.
Thirdly, Commissioner Carroll said she attended a free Florida League of Cities Community Redevelopment
Agency (CRA) workshop last week which provided updated information to the similar workshop she attended
two (2) years ago.
Lastly, Commissioner Carroll said she attended a Golden Eagle dinner and noted that Commissioner Cannon was
one of only three (3) attendees who were Eagle Scouts out of the roughly 500 guests, and said to Commissioner
Cannon, "Kudos to you." Mayor Lacey agreed.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 13, 2015 PAGE 10 OF 24
REPORTS
405. Office of Commissioner Seat Four - The Honorable Cade Resnick
Commissioner Resnick mentioned that he also attended the recent Tuscawilla Homeowner's Association event
and thanked them for letting him attend, and said that it was a good event.
Next, Commissioner Resnick commented on upgrading parks with rubber mulch; especially as more rubber mulch
is added around the slides, it would be safer for the children. Commissioner Resnick also noted that there seem to
be a lot of ants and asked Staff to consider this. Mr. Chris Caldwell, Director, Parks and Recreation Department
remarked, "We do have an ongoing program for the mulch and replenishing the areas that get the wear and tear
and we do have a city -wide program for the ant treatment."
Commissioner Resnick further inquired about the use of rubber mulch and Mr. Caldwell stated it was, "Certified
playground safety mulch."
Next, Commissioner Resnick mentioned that he has been actively viewing the "facebook 32708" page and
thought the City and especially the Police Department should be using this platform, and that there are 2,200
hundred people actively using this site.
Lastly, Commissioner Resnick referenced the upcoming "Leadership Seminole" end of year event and did not
think anyone was attending from our organization. Commissioner Resnick also thought that part of the cost of
doing business was to participate in this organization and wondered if budgeting allowed, perhaps City staff
below the Department Director level could possibly participate in upcoming sessions for professional training.
Mayor Lacey noted that as no one from the City was currently in the "Leadership Seminole" class, that that was
probably why no one is attending this end of the year event. Commissioner Resnick suggested that perhaps
Mayor Lacey or Manager Smith might want to attend this "Leadership Seminole" 2015 class event. Mayor Lacey
mentioned that as a member of the "Leadership Seminole" Board of Directors, the City does have a "presence ".
REPORTS
406. Office of Commissioner Seat Five/Deputy Mayor - The Honorable Joanne M. Krebs
Deputy Mayor Joanne M. Krebs said that she attended last week's Police Department Promotion Ceremony and
offered her congratulations on the promotions.
Next, Deputy Mayor Krebs offered kudos to Ms. Joanne Dalka, Director, Information Services Department for the
many good things said about Mr. Ron Kandzer and added, "Thank you for doing the great job with your team and
having people from different areas coming and saying such nice things about our City and about our Department.
It is really nice to hear."
Related to the ants mentioned during Commissioner Resnick's report, Deputy Mayor Krebs said that children
often put things in their mouth and hoped that what is used is very safe. Mr. Caldwell stated, "We hire a Licensed
Contractor who knows the application rates and absolutely knows the environment he is putting it in as well."
Mr. Caldwell added, "He understands that the re -entry time has to be very short for the areas and he does the
applications when there are not people in any area, whether it's at the parks with ball fields or if it's in playground
areas."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -- APRIL 13, 2015 PAGE 11 OF 24
Deputy Mayor Krebs further asked that Mr. Caldwell check with the Contractor "And if it is possible, to close the
area until that dissipates." Mr. Caldwell responded, "Absolutely, we do that already with our ball fields — we
close them for a certain amount — for the re -entry time."
REPORTS
407. Office of the Mayor - The Honorable Charles Lacey Mayor Lacey
Mayor Lacey also referenced the Police Department Promotion Ceremony.
Secondly, Mayor Lacey spoke of the Spring Festival and said to Mr. Caldwell, "Well done! I think it was a good
event. Once again, you have achieved!"
REPORTS
408. Office of Commissioner Seat One - The Honorable Jean Hovey
Commissioner Hovey mentioned that the Governor is expected to sign a change to school dates and once
approved, Seminole County Public Schools will be changing their start date for 2015 -2016 — and schools should
begin earlier in August.
Next, Commissioner Hovey also referenced the "facebook 32708" page and said some residents were concerned
with door to door solicitations for roof mg contractors, and suggested that if anyone was concerned to contact the
Police Department.
Commissioner Hovey said that she had asked Staff to give some updates on permitting.
Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department explained, "We have a
solicitation application form that is required of anyone who wishes to go door to door, in our neighborhoods - we
take that in and they bring us in various forms of information, ID's and so forth. It's asking about `What is your
organization or your business?' `When do you want to solicit ?' `Where do you want to solicit ?' There's also
ample information on that Permit relative to our gated communities and those communities which may have non -
soliciting notifications and so forth."
Continuing, Mr. Stevenson noted, "We do a federal and a state background check through FDLE (Florida
Department of Law Enforcement) and FBI (Federal Bureau of Investigations) as part of that - the Police
Department facilitates the fingerprinting."
Mr. Stevenson added, "These Permits can sometimes be good for up to a year. But, we ask for specific dates and
also the time is a little flexible, depending upon the type of solicitation they're doing. So, we set the times for
solicitation on a case by case basis. But we vet them fairly well. But you're right Commissioner, the bottom line
is they do need a Permit if they're going to go into our neighborhoods and speak with our residents about
anything like that. And normally the ones we issue are not for businesses. Normally the ones we issue are for
special organizations — the Boy Scouts, things of that nature. We don't normally issue, and I don't really know if
we have had any requests to issue Permits to businesses who are licensed that have a business tax receipt in the
City of Winter Springs. That's really not the intent, but we do have it sometimes — it's mostly for groups, a
onetime event, a fundraiser, this type of thing."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — APRIL 13, 2015 PAGE 12 OF 24
Manager Smith added, "One reminder also is that this Permit issued by the City does not give any permit holder
the right to violate any trespass laws or to go on any properties that are posted `No Soliciting,' so on and so forth.
I think that misnomer was out there before."
Deputy Mayor Krebs inquired, "Does that mean that if our neighborhood has a `No Soliciting' sign, does it matter
if they have a Permit? I know that churches and things like that are excluded."
Captain Deisler answered, "Most of the times when we've dealt with it, where there are control points of access,
where there are signs posted, there has been some talk about whether or not an active HOA (Homeowners
Association) has to be in place for those Officers to come forward in times of need to say `No, we don't want you
in here to solicit.' We have, through due process, actually gone through the Staff and the City Manager to
actually revoke Permits of certain businesses that don't want to play by those rules. So, we do have the ability to
enforce the trespass laws that the City Manager just alluded to through the use of the signage.
However, when you are dealing with a large area like Oak Forest or even some of the other big areas, most of the
times that's best handled on an individual basis with signs on the property `No Soliciting'...
Tape 1/Side B
Deputy Mayor Krebs next asked, "...The reason I ask Captain is because years back, one of the reasons we put up
the `No Soliciting' signs was that was what we were told by the City, that we needed to do in order for you, the
Police Department, to make sure that unwelcome solicitation was not allowed."
Captain Deisler said, "I don't know how long exactly those specific signs have been up. I know they've been up
for quite a while. The trespass laws and the backing documentation that we need have kind of evolved over the
years. So that the State Attorney's Office has asked us to make sure that we have someone in power to come
forward to say `We do not want you in the subdivision. You need to leave.' And it's a little bit different than it
was some time back. Now, that doesn't mean that we can't use those signs for the purposes of moving folks
along."
Deputy Mayor Krebs replied, "This is really good information to bring back to our Homeowner's Association.
Maybe even discuss it at CAC (Citizens Advisory Committee) regarding what we need to do now because the
laws have changed."
Captain Deisler added, "And they have done so to actually protect folks too, because you don't want someone
who's speaking out of turn for one group to come forward as a voice that they really don't have any authority to
come forward and say `We don't want you in here', when in reality they don't represent the HOA's
(Homeowner's Association) true desire."
Further comments.
Deputy Mayor Krebs then said, "Anthony (Garganese, City Attorney), if our Homeowner's Association
constructed a letter that indicated just what the Captain was talking about, would that suffice? Because trying to `
find somebody to come forward is very difficult because everybody works or they may not be there and trying to
find them would probably be difficult at best."
Captain Deisler pointed out, "In my research through talking with folks at the State Attorney's Office, due to
some changes in the trespass laws, third party representatives cannot be the Police Department. In other words,
we can't put a letter on file for the purposes of trespassing in order to act as a third party representative at the
behest of an HOA (Homeowner's Association). In other words, we have to have somebody come down to say
`You trespassed. We don't want you back'."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -- APRIL 1.3, 2015 PAGE 13 OF 24
Discussion followed on groups of people being dropped off in various neighborhoods, and Captain Deisler gave
some examples of recent trends in robberies perpetrated by apparent solicitors.
Continuing, Captain Deisler added, "Only those folks who have been vetted in that process are allowed to carry
that Permit and do the actual soliciting. They can't hand that off to somebody who we don't know for the
purposes of carrying on their business."
Brief comments followed and Commissioner Hovey suggested that residents contact the Police Department to
report solicitors. Captain Deisler mentioned that residents should be cautious opening their door to
strangers /possible solicitors.
Manager Smith said that as a general rule, "Typically, the City is not going to issue a Permit for somebody that
has a storefront, bricks and mortar. It's more for the Boy Scouts doing a fundraiser. So, if somebody is coming
to your house selling roof repairs, typically we haven't issued a Permit for that."
Further remarks continued on contacting the Police Department, to which Commissioner Carroll mentioned that a
resident had placed a "No Soliciting" sign at the end of his driveway on Morgan Street which is a non -
Homeowner's Association area in the Tuscawilla community; and Commissioner Carroll had advised the resident
that if someone still solicited at the resident's home, the resident could call the non - emergency telephone number
for the Police Department. Captain Deisler noted that this was correct.
Commissioner Cannon stated, "If it is a gated subdivision, the roads are owned by the Association and then you
need the HOA. But if it is private property, and if each homeowner just has that little sign - then automatically
once they step off the sidewalk and they are on your property, then the Chief and his Officers can do whatever..."
Captain Deisler added, "...It's a private property issue at that point. We'll jump right on it." Commissioner
Cannon then noted, "...You may not be able to get an Officer, the Board or Board Member of the Association, so
that might be something that the HOA could just give out a little tiny something, aesthetically pleasing..."
Deputy Mayor Krebs remarked, "...That is a good idea."
Commissioner Resnick mentioned, "If a location does not have an HOA or in the case of Tuscawillla, a non -
mandatory HOA, you said you can act as a third party — I see somebody coming on to her property, I can't report
it because it is a non - mandatory HOA or no HOA..." Manager Smith stated, "...There can't be a standing letter
on file that serves as that third party."
With further discussion, Commissioner Resnick remarked, "Beyond the sign at the driveway — I need a person of
power in order to call you, is that correct ?" Further comments continued regarding a scenario when someone
sees an issue at a neighbor's house. Captain Deisler pointed out, "If we respond to her house, we either need her
or someone acting in her stead to come and sign this statement that says they trespassed." Commissioner Resnick
added, "Specifically non - mandatory HOA's or even in a HOA, you need a person of power..." Captain Deisler
said, "...To enforce it for the entire subdivision. I can enforce it in anybody's driveway at any given time with a
simple call from a resident."
Further, it was noted that an organization like the Boy Scouts or Girl Scouts need a Permit for selling door to
door, and the person responsible for such a group would be fingerprinted and would have a Permit. Other similar
organizations would also need to do the same, however, religious groups would not.
Mr. Stevenson remarked, "As part of the Permit that these people sign, they are also encumbered that they are
responsible for knowing those areas which are posted or when `No Solicitation' is advised. They're responsible
for knowing those areas so we do cover that a little bit." Concluding, Mr. Stevenson said, "They're responsible -
everyone who signs off on this Permit is to know that."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 13, 2015 PAGE 14 OF 24
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department - Planning Division
REQUEST:
The Community Development Department — Planning Division requests that the City Commission hold a
public hearing to consider second and final reading of Ordinance 2015 -09, which proposes to annex one (1)
parcel totaling approximately 1.871 acres, generally located southeast of the intersection of State Road 434
and Tuskawilla Road.
FISCAL IMPACT:
Once the property is annexed it will be added with approximately eight (8) acres of adjacent property
presently within the City for a proposed senior housing development. More specifically, the project is
scheduled to be a 110,000 square foot $15,000,000 development providing 18 -24 full time positions of
employment for the local community. The surrounding area is generally characterized by commercial uses
in the City of Winter Springs. Development of the subject property is anticipated to provide an increase to
the City's taxable value. A detailed Fiscal Impact Report will be provided as part of the development
application.
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.
Adjacent property owners have been notified by US mail. Pursuant to Florida Statutes 171.044 (6), the
Seminole County Board of County Commissioners was sent via Certified Mail the notice of annexation for
the subject parcels on February 6, 2015 (see Attachment D - Seminole County Board of County
Commission Annexation Notification Letter). The proposed ordinance was advertised in the Orlando
Sentinel on March 12, 2015 and March 19, 2015 (see Attachment E - Advertisement, Orlando Sentinel).
RECOMMENDATION:
The Community Development Department — Planning Division requests that the City Commission approve
second and final reading of Ordinance 2015 -09, which proposes to annex one (1) parcel totaling
approximately 1.871 acres, generally located southeast of the intersection of State Road 434 and Tuskawilla
Road.
Attorney Garganese read Ordinance 2015 -09 by "Title" only.
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.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 13, 2015 PAGE 15 OF 24
"MOTION TO APPROVE." MOTION BY COMMISSIONER HOVEY. SECONDED BY
COMMISSIONER CARROLL. DISCUSSION
VOTE:
DEPUTY MAYOR KREBS: AYE
COMMISSIONER CANNON: AYE
COMMISSIONER RESNICK: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER CARROLL: AYE
MOTION CARRIED.
PUBLIC HEARINGS
501. Community Development Department - Planning Division
REQUEST:
The Community Development Department — Planning Division requests that the City Commission hold a
Public Hearing to consider second and final reading of both the Small -Scale Future Land Use Map
Amendment and Rezoning for approximately 1.871 acres located southeast of the intersection of State
Road 434 and Tuskawilla Road as described within Ordinances 2015 -10 and 2015 -11.
FISCAL IMPACT:
The proposed Small -Scale future land use amendment, which re- designates the property from Seminole
County "Industrial" to City of ''Winter Springs "Town Center ", will increase the possibility of additional
taxable value to the City and potentially spur the increase of future residential, commercial and/or office
development activity within this particular area. The request is based upon the applicants desire to add the
voluntary annexed property with eight (8) adjacent acres, within the City, for a proposed senior housing
development. The $15,000,000 retirement residence would be a 144 -suite facility consisting of 110,000
square feet, and providing 18 -24 full time positions of employment for the local community. A Fiscal
Impact Report will be provided as part of the development application.
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.
Pursuant to Florida Statutes 171.044 (6), the Seminole County Board of County Commissioners was sent
via Certified Mail the notice of annexation for the subject property on February 6, 2015 (see Attachment G,
Seminole County Commissioners Notification Letter). Adjacent property owners have been notified by US
mail noting the date and time of the public hearing has been erected on the subject property. Lastly, the
proposed Ordinances were advertised in the Orlando Sentinel on March 12, 2015 and March 19, 2015 (see
Attachment H, Orlando Sentinel Advertisement).
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 13, 2015 PAGE 16 OF 24
RECOMMENDATION:
The Community Development Department — Planning Division requests that the City Commission approve
second reading of both the Small -Scale Future Land Use Map Amendment and Rezoning for
approximately 1.871 acres located southeast of the intersection of State Road 434 and Tuskawilla Road as
described within Ordinances 2015 -10 and 2015 -11.
Attorney Garganese read Ordinance 2015-10 and 2015 -1.1, each by "Title" only.
Mayor Lacey opened the "Public Input" portion of the Agenda Item for both Ordinances.
No one spoke.
Mayor Lacey closed the "Public Input" portion of the Agenda Item for both Ordinances.
"MOTION TO APPROVE ORDINANCE 2015 -10." MOTION BY COMMISSIONER HOVEY.
SECONDED BY COMMISSIONER CARROLL. DISCUSSION
VOTE:
COMMISSIONER HOVEY: AYE
COMMISSIONER CARROLL: AYE
COMMISSIONER RESNICK: AYE
COMMISSIONER CANNON: AYE
DEPUTY MAYOR KREBS: AYE
MOTION CARRIED.
"MOTION TO APPROVE ORDINANCE 2015 -11." MOTION BY COMMISSIONER HOVEY.
SECONDED BY COMMISSIONER CARROLL. DISCUSSION
VOTE:
COMMISSIONER CARROLL: AYE
COMMISSIONER HOVEY: AYE
DEPUTY MAYOR KREB S : AYE
COMMISSIONER RESNICK: AYE
COMMISSIONER CANNON: AYE
MOTION CARRIED,
PUBLIC HEARINGS
502. Community Development Department - Planning Division
REQUEST:
The Community Development Department - Planning Division requests the City Commission consider
Resolution 2015 -11, which proposes vacation of a platted 10-foot drainage easement, and a portion of a 5-
foot utility easement located at 155 Cherry Creek Circle in the Reserve at Tuscawilla subdivision.
FISCAL IMPACT:
There is no fiscal impact associated with this agenda item.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 13, 2015 PAGE 17 OF 24
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager,
City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,
portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been
electronically forwarded to the individuals noted above, and which is also available on the City's Website,
LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who
have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with
the City, and all individuals who have requested such information. This information has also been posted
outside City Hall, posted inside City Hall with additional copies available for the General Public, and
posted at five (5) different locations around the City. Furthermore, this information is also available to any
individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any
interested individuals.
This item was advertised in the legal classified section of the Orlando Sentinel on April 7, 20150
RECOMMENDATION:
The Community Development Department - Planning Division requests the City Commission approve
Resolution 2015 -I1, which proposes vacation of a platted 10 -foot drainage easement, and a 5 -foot utility
easement located at 155 Cherry Creek Circle in the Reserve at Tuscawilla subdivision.
Mr. Howell introduced this Agenda Item and reviewed a few aspects of the Agenda Item with the City
Commission.
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 MOVE THAT WE VACATE THE DRAINAGE EASEMENT AS PER THE STAFF
RECOMMENDATION ON ITEM 6502'." MOTION BY COMMISSIONER CANNON. SECONDED BY
COMMISSIONER HOVEY. DISCUSSION.
MAYOR LACEY SUMMARIZED THE MOTION AND REMARKED, "TO APPROVE', RESOLUTION
2015 -11 TO VACATE THE EASEMENT AT 155 CHERRY CREEK CIRCLE."
VOTE:
COMMISSIONER CANNON: AYE
DEPUTY MAYOR KREBS: AYE
COMMISSIONER CARROLL: AYE
COMMISSIONER RESNICK: AYE
COMMISSIONER HOVEY: AYE
MOTION CARRIED,
PUBLIC HEARINGS
503. Office of the City Attorney and Office of the City Clerk
REQUEST:
The City Attorney and City Clerk request that the City Commission consider approving, on First Reading,
Ordinance 2015 --12 proposing to retroactively and prospectively stagger the terms of committee members
appointed to the Bicycle and Pedestrian Advisory Committee and the Parks and Recreation Advisory
Committee.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — APRIL 13, 2015 PAGE 18 OF 24
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 Clerk recommend approval of Ordinance 2015 -12 on First Reading.
Upon passage of First Reading, Ordinance 2015 -12 will be publicly noticed in a newspaper of general
circulation for second and final reading /public hearing to be held at a subsequent City Commission
meeting.
MOTION TO READ ORDINANCE 2015 -12 BY "TITLE" ONLY. MOTION BY COMMISSIONER
HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION.
MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS.
Attorney Garganese read Ordinance 2015 -12 by "Title" only.
Discussion followed on how the Terms were staggered, how it was not easy for a newly Elected Commissioner to
appoint someone when they are new to the Office, and to adjust the suggested time some before an Appointment
was needed.
Attorney Garganese was asked if this was possible, to which he said he could re -word the Ordinance so "They run
concurrent with the Commission Seat but give additional time."
Mayor Lacey then said to Attorney Garganese, "This is First Reading, so if it was the will of the Commission, you
could make the changes..." Attorney Garganese stated, "...Sure..." Mayor Lacey added, "...And bring it back
for Second Reading."
Commissioner Hovey suggested, "Even ninety (90) days would be good." Deputy Mayor Krebs noted, "[20] 17
and the [20] 19 are fine, those aren't running concurrent - but those are `At Large'." Further comments followed
on a possible end of January or February 1s' date.
Commissioner Cannon congratulated Attorney Garganese on the structure of the Ordinance.
Discussion ensued on changing the Terms as noted in the Agenda Item, a ninety (90) day timeframe, a new
Commissioner taking Office and making Appointments, the Ordinance could be re- written, that the Parks and
Recreation Advisory Committee usually holds a meeting in November which might cause an issue with a new
Commissioner taking Office, when Terms end, and that the Office of the City Clerk has Applications on file for
any Advisory Board and Committee openings when needed, especially when a new Commissioner takes Office.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 13, 2015 PAGE 19 OF 24
Commissioner Cannon stated, "I think by February 1 that gives the newly elected. Commissioner an opportunity to
kind of get up to speed with the couple of Appointments they are going to make - I do sort of agree with what the
Mayor says that at least on the Seats that are Appointed for each District by the Commissioner, I kind of like
having them sort of track the Commissioner's tenure, their Office; and I think there are some advantages to that.
Because then we have the At Large Appointments as well which are different. So, I would like February 1, but
that is just my suggestion." Deputy Mayor Krebs clarified, "You mean the first meeting in February ?"
Commissioner Cannon concurred, "Yes, exactly; whatever the first meeting is."
Next, Mayor Lacey said, "If there is agreement on that point and it is an 'If, because I didn't hear the Consensus
on that, then I would suggest the appropriate action would be a Motion to approve the Ordinance with that change
on First Reading. Then, ask Anthony (Garganese) to draft it that way for Second Reading in two (2) weeks. Are
we okay headed that way - looking for a Motion."
"I WILL MAKE THE MOTION THAT IT BE APPROVED WITH THE ADDITIONAL TIME TO THE
FIRST MEETING IN FEBRUARY." MOTION BY COMMISSIONER HOVEY. SECONDED BY
COMMISSIONER CANNON. DISCUSSION.
MAYOR LACEY STATED THAT THE MOTION WAS "TO APPROVE ORDINANCE 2015 -12 ON
FIRST READING WITH THE CHANGE TO THE EFFECTIVE DATE BEING THE FIRST MEETING
IN FEBRUARY."
MAYOR LACEY THEN ASKED ATTORNEY GARGANESE IF HE UNDERSTOOD THE MOTION
AND ATTORNEY GARGANESE STATED, "IT IS CLEAR TO ME. I'LL WORD -SMITH IT."
VOTE:
COMMISSIONER CANNON: AYE
DEPUTY MAYOR KREBS: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER CARROLL: AYE
COMMISSIONER RESNICK: AYE
MOTION CARRIED,
Mayor Lacey opened the "Pudic Input" portion of Agenda Item "503 ".
No one spoke.
Mayor Lacey closed the "Public Input " portion of Agenda Item "503'
REGULAR AGENDA
REGULAR
600. Office of the City Clerk
REQUEST:
The City Clerk requests the City Commission consider the Tuscawilla Lighting and Beautification District
Advisory Committee's request to begin holding their Regular Meetings on a monthly basis, rather than the
current quarterly schedule.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -APRIL 13, 2015 PAGE 20 OF 24
FISCAL IMPACT:
Technical/Urban Beautification (none - exempt) staff time:
Costs are estimated to be an additional $150.00 per meeting (2 hour meeting /2 hour prep). Obviously,
additional specific report requests could substantially increase these costs.
Technical/Finance and Administrative Services Department staff time:
Costs are estimated to be an additional $150.00 per meeting but costs could differ depending on needed
research/reports
Administrative /Office of the City Clerk staff time:
It takes approximately one (1) hour to write/ collate data and post an Advisory Board/Committee Meeting;
and then 1/ hour to set up for the meeting /then on average 1 -2 hours to clerk an Advisory
Board/Committee; 1/ to a 1/ hour to clean up after Advisory Board/Committee Meeting; and then 2 -4 hours
for transcribing of final Minutes and proofing (depending on the discussions) for an average of $325.00 per
meeting.
Including all costs:
A. One meeting of the Tuscawilla Lighting and Beautification District Advisory Committee with staff
costs considered, could cost approximately $625.00 - $700.00 per meeting
B. The currently scheduled four (4) quarterly Regular Meetings and one (1) Special Meeting of the
Tuscawilla Lighting and Beautification District Advisory Committee per year equates to approximately
$35125.00 - $39500.00
C. Going to six (6) Regular Meetings (every other month) of the Tuscawilla Lighting and Beautification
District Advisory Committee over a year's time could equate to approximately $3,750.00 - $4,200.00
D. Going to twelve (12) monthly Regular Meetings of the Tuscawilla Lighting and Beautification District
Advisory Committee in a year's time could equate to approximately $7,500.00 - $8,400.00
Similar to all Advisory Boards /Committees that hold quarterly meetings, the Tuscawilla Lighting and
Beautification District Advisory Committee has budgeted four (4) Regular Meetings and one (1) Special
Meeting for FY 2015. For this Fiscal Year, two (2) Regular Meetings have already been held, along with
one (1) Special Meeting. Two (2) Regular Meetings remain, which are currently scheduled for April 2015
and July 2015.
Thus, there would not be sufficient budget available for any additional meetings to be held this fiscal year
beyond the remaining two (2) scheduled meetings. If a decision is made by the Commission to allow for
additional meetings this fiscal year beyond the remaining two (2) that are budgeted, funds would need to
appropriated from TLBD Fund Balance/Reserves or reclassed from previously budgeted FY 2015 TLBD
Operational & Maintenance funds to cover costs for this purpose.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager,
City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally,
portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been
electronically forwarded to the individuals noted above, and which is also available on the City's Website,
LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who
have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with
the City, and all individuals who have requested such information. This information has also been posted
outside City Hall, posted inside City Hall with additional copies available for the General Public, and
posted at five (5) different locations around the City. Furthermore, this information is also available to any
individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any
interested individuals.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — APRIL 13, 2015 PAGE 21 OF 24
RECOMMENDATION:
Staff recommends the Commission provide direction on the Tuscawilla Lighting and Beautification District
Advisory Committee's request to begin holding their Regular Meetings on a monthly basis, rather than the
current quarterly schedule.
Much discussion followed on funding, administration, actual costs, meetings, issues with the fountains, plantings,
and the Tuscawilla Lighting and Beautification District Advisory Committee.
Tape 2 /Side A
Mayor Lacey asked if the Tuscawilla Lighting and Beautification District Advisory Committee had a "Liaison to
the Staff that works in the interim of meetings ?" Continuing, Mayor Lacey inquired, "Do you have a TLBD
representative that is the direct point of contact when there is not a meeting scheduled ?"
Manager Smith said that the Chair works generally with Staff, and Board Member Don Gilmore has been working
with Mr. Brian Fields, P.E., City Engineer, Public works Department and Mr. Kip Lockcuff, P.E., Director,
Public works/Utility Departments on fountains repairs.
Mr. Lockcuff added, "Last meeting, we tried to do it `Project specific' - so if board members have specific areas
of expertise, they're assigned to those projects." Mayor Lacey inquired, "There is a method for communication
from the board to the Staff between meetings, whether they are monthly, quarterly or whatever ?" Mr. Lockcuff
said, "Absolutely and we've emailed the board members and welcome emails back from any of those
individually."
Discussion ensued on Urban Beautification Division staff, their "Team" approach, finances, the Assessment,
meetings, the fountain, water bills, that Staff is waiting for a proposal, the previous Tuscawilla Lighting and
Beautification District Advisory Committee meeting schedule, email correspondence, concern with sightlines, and
staff time for meetings.
Mr. Shawn Boyle, Director, Finance and Administrative Services Department commented on Assessments and
the Budget.
Further remarks continued.
Tape 2 /Side B
Discussion.
"I WILL MAKE A MOTION TO EXTEND JUST TO FINISH THIS ONE (1) ITEM." MOTION BY
COMMISSIONER RESNICK. SECONDED BY COMMISSIONER CARROLL. DISCUSSION
VOTE:
COMMISSIONER RESNICK: AYE
DEPUTY MAYOR KREBS: NAY
COMMISSIONER HOVEY: AYE
COMMISSIONER CANNON: AYE
COMMISSIONER CARROLL: AYE
MOTION CARRIED..
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 13, 2015 PAGE 22 OF 24
Commissioner Resnick commented on best possible meeting times and suggested for the Record that "Specific
times of the year might be busier than others as in planting times."
Mayor Lacey asked, "Who determines the necessity of a meeting? " Mayor Lacey added that in practice with the
other Advisory Boards/Committees, "The Staff determines whether they need a meeting and then if they have got
enough to present to the board, they call the meeting. So, if we are going to adopt the proposal as you suggested,
I would like more clarity as to what are the circumstances that determine the calling of a meeting."
Commissioner Resnick said, "I would think it would be twofold, Staff or liaison, that communication line. If we
are adopting a liaison, that person and staff are very closely related in discussion."
Commissioner Carroll mentioned that the Tuscawilla Lighting and Beautification District Advisory Committee
has not requested to meet more until now, and the additional meetings could help with the transition to Mr.
Lockcuff and his staff. Discussion followed on the tasks that Committee Member Don Gilmore and Chairperson
Mary Brook have helped with thus far. Mayor Lacey added, "I think we're identifying the need for an
administrative liaison..." Commissioner Carroll stated, "...Yes."
Mayor Lacey continued and suggested that at their next meeting, that an "Official role be for that liaison and I
don't think it is necessarily the Chairman, but I hope it likely would be. I think the board should as a matter of
its' next business, designate that liaison per the Ordinance to Staff." Mr. Lockcuff said, "My goal would be and it
may not follow though, is to have specific liaisons for specific areas."
Manager Smith suggested, "I would think the approach would be whatever the board and Staff are most
comfortable with. If that is one (1), fine. If that is five (5), fine. I think that that liaison approach though would
be the long term solution or at least something we'd want to try, that would lessen the need for frequent
meetings."
Comments followed on the need to let the Tuscawilla Lighting and Beautification District Advisory Committee
do what they need to do, to keep up with what is to be completed, and what their role is related to working with
City Staff. Mayor Lacey stated, "Any Advisory Board is not a watchdog over our Staff. The Commission is the
only watchdog over the Staff and an Advisory Board is there to give their expert opinion to them, not to look over
their shoulder and act as a police force for the Staff s operation."
Further remarks continued.
"I WILL MAKE A MOTION THAT THE TLBD [AC] BE ALLOWED TO HAVE MONTHLY
MEETINGS UP THROUGH SEPTEMBER AND RE- ASSESS AT THAT POINT IN TIME, WHETHER
THEY NEED TO STAY WITH MONTHLY MEETINGS, GO TO MEETINGS EVERY OTHER
MONTH, OR GO TO QUARTERLY MEETINGS." MOTION BY COMMISSIONER CARR.OLL,
DEPUTY MAYOR KREBS STATED, "WE WOULD HAVE TO HAVE THEM REASSESS PRIOR TO
THAT."
SECONDED BY COMMISSIONER CANNON WHO STATED, "I WILL SECOND THAT MOTION
WITH THE BUDGET TRANSFERS, THE SOURCE OF THE FUNDS."
MAYOR LACEY SUMMARIZED THE MOTION, "TO BUDGET FUNDS FOR THEM TO HAVE
MONTHLY MEETINGS AND THAT BUDGET WOULD COME OUT OF TRANSFERS FROM SOME
OTHER OPERATIONAL LINE ITEM."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 13, 2015 PAGE 23 OF 24
WITH FURTHER DISCUSSION, COMMISSIONER CARROLL RESTATED THAT HER MOTION
WAS "TO ALLOW THEM TO HAVE MONTHLY MEETINGS THROUGH SEPTEMBER 30TH BUT
RE-- ASSESS AND AT THAT POINT IN TIME, WHETHER THEY NEED TO CONTINUE MONTHLY
MEETINGS. THEY MIGHT NEED TO GO TO EVERY OTHER MONTH OR THEY MIGHT GO
BACK TO FOUR (4) TIMES A YEAR; AND TAKE THE MONEY OUT OF RESERVES TO PAY FOR
THIS." COMMISSIONER CANNON STATED, "I WILL SECOND IT FOR DISCUSSION."
MANAGER SMITH ADDED, "TLBD RESERVES." COMMISSIONER CARROLL AGREED AND
CONFIRMED, "TLBD, ABSOLUTELY."
COMMISSIONER RESNICK REMARKED, "I WOULD LIKE TO TAKE TWO ADDITIONAL
MEETINGS BEYOND WHERE WE ARE, IF NECESSARY. BECAUSE IF WE PUT THOSE
MONTHLY THERE, IT MAY NOT BE NECESSARY AS KIP ALREADY CAME UP TO SAY. SO I
THINK TWO 2 ADDITIONAL MEETINGS IF NECESSARY."
COMMISSIONER RESNICK THEN SAID, "I WOULD LIKE TO CONSIDER AMENDING THE
MOTION THAT AFTER BUDGET - EVERY OTHER MONTH."
REFERENCING WHAT COMMISSIONER RESNICK STATED, MAYOR LACEY ASKED, "ARE YOU
MOVING THAT WE AMEND THE MAIN MOTION TO REDUCE IT FROM FOUR (4) MEETINGS
TO TWO (2) MEETINGS FOR THE REMAINDER OF THIS FISCAL YEAR ?"
COMMISSIONER RESNICK NOTED, "I WOULD LIKE TO AMEND THE MOTION." AMENDMENT
TO THE MOTION BY COMMISSIONER RESNICK. SECONDED BY DEPUTY MAYOR KREBS.
DISCUSSION.
COMMISSIONER RESNICK CLARIFIED HIS INTENT WAS "UP TO TWO (2) ADDITIONAL
MEETINGS..." MAYOR LACEY REMARKED, "...UP TO TWO (2) ADDITIONAL - SO A TOTAL OF
FOUR (4) MEETINGS FOR THE REMAINDER OF THE FISCAL YEAR." COMMISSIONER
RESNICK STATED, "CORRECT."
COMMISSIONER CARROLL STATED, "THERE IS NOTHING TO PREVENT THE TLBD
ADVISORY BOARD FROM SAYING TO KIP - `WE DON'T NEED THIS MEETING IN JUNE, EVEN
THOUGH WE HAVE THE FLEXABILITY TO HAVE IT'."
DEPUTY MAYOR KREBS REFERENCED THE AMENDMENT BY COMMISSIONER RESNICK AND
ASKED, "DOES THAT INCLUDE WHERE THE MONEY COMES FROM ?"
MAYOR LACEY STATED, "THE AMENDMENT ONLY MADE CHANGE TO THE FREQUENCY; SO
IF THE AMENDMENT PASSES, WE WILL REVERT BACK TO THE MAIN MOTION WHICH WILL
THEN INCORPORATE THE USE OF RESERVES FOR THE TRANSFER."
FURTHER COMMENTS FOLLOWED ON MEETING TIMES AND FUNDING, TO WHICH MAYOR
LACEY STATED, "COMMISSIONER RESNICK' S MOTION WOULD NOT AFFECT THE SOURCE
OF FUNDING OF COMMISSIONER CARROLL' S MOTION."
MAYOR LACEY STATED THE AMENDMENT TO BE VOTED ON - "WHICH IS TO CHANGE THE
FREQUENCY OF MEETINGS FROM MONTHLY TO TWO (2) ADDITIONAL MONTHS IN
ADDITION TO THE SCHEDULED AMOUNT."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — APRIL 13, 2015 PAGE 24 OF 24
VOTE: (ON THE AMENDMENT TO THE MOTION)
DEPUTY MAYOR KREBS: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER CARROLL: AYE
COMMISSIONER CANNON: AYE
COMMISSIONER RESNICK: AYE
MOTION CARRIED.
MAYOR LACEY SUMMARIZED THAT THE "THE MAIN MOTION IS AMENDED TO REFLECT
THE TWO (2) SCHEDULED MEETINGS, APRIL AND JULY AND TWO (2) ADDITIONAL
MEETINGS AND THE FUNDING FOR THOSE TWO (2) ADDITIONAL MEETINGS TO COME OUT
OF — TLBD RE SERVES."
FURTHER COMMENTS FOLLOWED ON FUNDING AND COMMISSIONER RESNICK NOTED,
"THE DISCUSSION WE ARE HAVING NOW IS OUR DISCUSSION UP THROUGH THIS FISCAL
YEAR AND THEN WE WILL RE- ASSESS AT BUDGET TIME."
VOTE: (THE MAIN MOTION AS AMENDED)
COMMISSIONER RESNICK: AYE
COMMISSIONER CANNON: AYE
DEPUTY MAYOR KR.EB S : NAY
COMMISSIONER CARROLL: AYE
COMMISSIONER HO VEY: AYE
MOTION CARRIED.
PUBLIC INPUT
This section was not held due to time constraints.
ADJOURNMENT
Mayor Lacey adjourned the Regular Meeting at 8:48 p.m.
RESPECTFULL Y SUBAHTTED:
A LORE1��._0 -LUAC,ES, MMC
CITY CLERK
APPROVED.
NOTE: These Minutes were Approved at the April 27, 2015 City Corrunission Regular Meeting.