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HomeMy WebLinkAbout2015 09 14 City Commission Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA XNTE�" o4 U � Incorp 1959 CITY COMMISSION MINUTES REGULAR MEETING MONDAY, SEPTEMBER 14, 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 - SEPTEMBER 14, 2015 PAGE 2 OF 21 The Regular Meeting of Monday, September 14, 2015 of the City Commission was called to Order by Mayor Charles Lacey at 6:00 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 via telephone Commissioner Pam Carroll, present Commissioner Cade Resnick, present City Manager Kevin L. Smith, absent Public Works/Utility Departments Director Kip Lockcuff, P.E., 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 asked the City Commission, "Are there any changes to the Agenda ?" No objections were voiced. PUBLIC HEARINGS AGENDA - PART I OF II 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. 2015 -18, which establishes the Tentative Operating Millage Rate for Fiscal Year 2015 -2016 for the City of Winter Springs at 2.4300 mills which is 4.26% more than the rolled -back rate of 2.3307 mills and the Tentative Voted Debt Service Millage Rate for Fiscal Year 2015 -2016 for the City of Winter Springs at 0.1100 mills. FISCAL IMPACT: The decision to levy an operating millage rate of 2.4300 mills as opposed to the rolled -back rate of 2.3307 mills will result in additional ad valorem General Fund revenues of approximately $176,000 (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 $6,500. 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 14, 2015 PAGE 3 OF 21 In August, each property owner was notified of this public hearing via the TRIM notice as distributed by the Seminole County Property Appraiser. Upon approval and adoption of Resolution No. 2015 -18, the appropriate advertising will run in the Orlando Sentinel on September 24, 2015 which will reflect the tentative millage rates for Fiscal Year 2015 -2016 and announce the final Public Hearing for September 28, 2015 at 6 p.m. This will include advertisement on the Seminole County Local News Flyerboard on OrlandoSentinel.com from 9/26- 10/02/15. INX03"Ur Recommend that the Commission adopt Resolution No. 2015 -18 establishing the tentative operating millage rate at 2.4300 mills and tentative voted debt service millage rate at 0.1100 mills for Fiscal Year 2015 -2016 and authorizing the City to advertise in a newspaper of general circulation the City's intent to hold public hearings to adopt final millage rates and final budget in compliance with Florida Statute 200.065. Sample Motion: I move to approve Resolution 2015 -18 establishing the Fiscal Year 2015 -2016 operating millage rate for the City of Winter Springs at 2.4300 mills and the voted debt service millage rate at 0.1100 mills and authorizing advertisement of the City's intent to hold public hearings to adopt the final millage rates and budget. The operating millage rate of 2.4300 mills is 4.26% greater than the rolled -back rate of 2.3307 mills. Ms. Kelly Balagia, Budget Analyst, Finance and Administrative Services Department introduced 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 MOVE TO APPROVE RESOLUTION 2015 -18 ESTABLISHING THE FISCAL YEAR 2015 -2016 OPERATING MILLAGE RATE FOR THE CITY OF WINTER SPRINGS AT 2.4300 MILLS AND THE VOTED DEBT SERVICE MILLAGE RATE AT 0.1100 MILLS AND AUTHORIZING ADVERTISEMENT OF THE CITY'S INTENT TO HOLD PUBLIC HEARINGS TO ADOPT THE FINAL MILLAGE RATES AND BUDGET. THE OPERATING MILLAGE RATE OF 2.4300 MILLS IS 4.26% GREATER THAN THE ROLLED -BACK RATE OF 2.3307 MILLS." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER RESNICK: AYE COMMISSIONER CANNON: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 14, 2015 PAGE 4 OF 21 PUBLIC HEARINGS 501. Finance and Administrative Services Department REQUEST: The City Manager is requesting that the City Commission hold a Public Hearing relative to the approval of Resolution No. 2015 -19, establishing the Tentative Budget for Fiscal Year 2015- 2016. FISCAL IMPACT: The tentative city -wide budgets by fund type currently reflect the following appropriations to (from) fund balance: General Fund — $3,951 Governmental Funds (exclusive of General Fund) — ($2,728,966) Enterprise Funds — ($2,362,038) 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 August, each property owner was notified of this public hearing via the TRIM (Truth in Millage) notice as distributed by the Seminole County Property Appraiser. Additionally, the budget calendar has been on the City's website since its approval in March and notice of this public hearing was also advertised on the City Hall electronic sign and City newsletter. Upon approval and adoption of Resolution No. 2015 -19, a budget summary advertisement will be placed in the Orlando Sentinel on September 24, 2015 reflecting the Tentative Budget for Fiscal Year 2015 -2016. This will also include advertisement on the Seminole County Local News Flyerboard on OrlandoSentinel.com from 9/26 - 10/02115. RECOMMENDATION: • It is recommended that the Commission approve the tentative budget for fiscal year 2015 -2016 or amend it as it deems necessary. • It is recommended that the Commission adopt Resolution No. 2015 -19 establishing the tentative budget for Fiscal Year 2015 -2016 as approved by the Commission; and authorize the City to advertise its intent to hold public hearings to adopt final millage rates and final budget and to include a budget summary in a newspaper of general circulation in compliance with Florida Statute 200.065. Sample Motion: I move to approve Resolution 2015 -19 establishing the Tentative Budget for the City of Winter Springs for fiscal year 2015 -16 and authorizing advertisement of the City's intent to hold public hearings to adopt the final millage rates and budget. Ms. Balagia spoke briefly about this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 14, 2015 PAGE 5 OF 21 Mayor Lacey opened the "Public Input " portion of the Agenda Item. No one spoke. Mayor Lacey closed the `Public Input "portion o, f the Agenda Item. "I VOTE TO APPROVE RESOLUTION 2015 -19 ESTABLISHING THE TENTATIVE BUDGET FOR THE CITY OF WINTER SPRINGS FOR FISCAL YEAR 2015 -16 AND AUTHORIZING ADVERTISEMENT OF THE CITY'S INTENT TO HOLD PUBLIC HEARINGS TO ADOPT THE FINAL MILLAGE RATES AND BUDGET." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER CARROLL: AYE COMMISSIONER CANNON: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. Mayor Lacey stated, "Thank you Kelly (Balagia), Shawn (Boyle, Director, Finance and Administrative Services Department) and Mr. (Kevin) Smith in absentia." AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used 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. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 14, 2015 PAGE 6 OF 21 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. INFORMATIONAL 201. Community Development Department REQUEST: The Community Development Department is updating the City Commission on the upcoming requirement for appointments to the 2016 Winter Springs Districting Commission. FISCAL IMPACT: This item is an informational reminder of upcoming appointments to the 2016 Winter Springs Districting Commission. There is no associated fiscal impact as a result 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 Hail 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. The Commission may want to begin consideration of their respective appointments to the Districting Commission. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 14, 2015 PAGE 7 OF 21 INFORMATIONAL 202. Police Department REQUEST: The Police Department wishes to inform the Commission about the 2015 Florida Department of Transportation Safety Matrix. 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: 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. Greg Roero, 602 Silvercreek Drive, Winter Springs, Florida: in addressing the City Commission, Mr. Roero noted he serves on the Code Enforcement Board, complimented Captain Chris Deisler, Police Department for his Staff's assistance, and mentioned that in regards to Public Hearings Agenda Item "503 ", the Code Enforcement Board always has enough Members to meet, the Code Enforcement Board are unpaid Volunteers, and through their service, they save the City money, and they are available with their diverse experience to address any issues in a fair manner that come before the Code Enforcement Board. Mayor Lacey remarked, "Thank you Mr. Roero - and all the Members of the Board for your service." Commissioner Pam Carroll brought up an email and letter from Code Enforcement Board Member Maurice S. Kaprow who had emailed the Mayor and City Commission his comments on this same issue. Commissioner Carroll asked if the letter should be read so Code Enforcement Board Member Kaprow's comments could be heard. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 14, 2015 PAGE 8 OF 21 Mayor Lacey stated, "I verified that Andrea (Lorenzo- Luaces, City Clerk) has that letter and she is prepared to put it into the Record, in its written form - think that makes the point that the Rabbi (Kaprow) was intending." Deputy Mayor Joanne M. Krebs then said that Code Enforcement Board Member Kaprow had called her to which Commissioner Carroll added that Code Enforcement Board Member Kaprow had also called her. Deputy Mayor Krebs noted that Code Enforcement Board Member Kaprow had hoped his letter could be read and suggested Commissioner Carroll read the letter under her Seat. Discussion followed on Code Enforcement Board Member Kaprow's letter to which Mayor Lacey suggested to Commissioner Carroll that during Public Hearings Agenda Item "503 ", Commissioner Carroll could read Code Enforcement Board Member Kaprow's letter if she wanted to. Mayor Lacey closed "Public Input ". CONSENT AGENDA CONSENT 300. Police Department REQUEST: The Police Department requests the consent of the Commission to accept a $500 grant from the Property and Evidence Association of Florida. FISCAL IMPACT: This grant will positively impact General Fund operating line code 21- 2140- 550525 (Small Tools and Equipment), which is where we would like the funds deposited for our upcoming purchase. 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: Accept the $500.00 grant awarded by the Property and Evidence Association of Florida. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 14, 2415 PAGE 9 OF 21 CONSENT 301. Police Department REQUEST: The Police Department requests the consent of the Commission to purchase five (5) fully equipped Ford Interceptor SW fleet vehicles using vendors Don Reid Ford and Public Safety USA for emergency equipment. The total purchase price for vehicles and equipment is $170,000. Pricing for the vehicles comes from Florida Sheriffs contract 14 -22 -0904. FISCAL IMPACT: Source funding for the purchase of these police Ford Interceptor vehicles is from FY 2015 non - reoccurring revenues generated from utility franchise fees. This purchase will be reflected in the final FY 2015 budget amendment and will not impact General Fund reserves. 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: Approve the purchase of five fully equipped police vehicles using vendors Don Reid Ford and Florida Sheriff's bid and Public Safety USA as described in detail above for a total of $170,000. No discussion. CONSENT 302. Public Works Department REQUEST: The Public Works Department requesting authorization to enter into an agreement with MCG Services LLC for construction of Concrete Sidewalk and Curb Replacement at various locations (ITB #007 /15/BF) in the amount of $100,535.00 plus a 10% contingency. FISCAL IMPACT: The project cost is $100,535.00 plus a 10% contingency, for a total of $110,588.50, funded by the Transportation Improvement Fund (Local Option Gas Tax) through a supplemental appropriation of $40,000 from fund balance. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 14, 2015 PAGE 10 OF 21 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission approve entering into an agreement with MCG Services, LLC for the Concrete Sidewalk and Curb Replacement project in the amount of $100,535.00 plus a 10% contingency, approve a supplemental appropriation of up to $40,000 from the Transportation Improvement Fund balance, and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. This Agenda Item was not discussed. CONSENT 303. Information Services Department REQUEST: The Information Services Department requests authorization to dispose of surplus assets according to the attached disposition sheets. FISCAL IMPACT: There is no cost to dispose of these surplus assets. The City receives revenue generated from items sold at auction. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, eAlert /eCitizen Recipients, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission approve the disposition of the attached list of surplus assets. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 14, 2015 PAGE 11 OF 21 CONSENT 304. Office of the City Clerk REQUEST: The City Clerk is requesting the City Commission Review and Approve the Monday, August 24, 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, August 24, 2015 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. REGARDING A MOTION TO APPROVE THE CONSENT AGENDA, COMMISSIONER HOVEY STATED, "SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION VOTE: COMMISSIONER CANNON: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER RESNICK: AYE COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. I REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire No Report was given. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 14, 2015 PAGE 12 OF 21 REPORTS 401. Office Of The City Manager — Kevin L. Smith Public Works/Utility Departments Director Kip Lockcuff had no Report. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC No Report was given. REPORTS 403. Office of Commissioner Seat Four - The Honorable Cade Resnick Commissioner Cade Resnick apologized for missing the last City Commission Regular Meeting. Next, Commissioner Resnick noted that at a previous City Commission meeting, he had brought up the concept of a "destination park" and had recently spoken with the City Manager about this and the City Manager said that Staff was putting something together. Deputy Mayor Resnick asked if Staff was working to bring something back on a specific date? Mr. Chris Caldwell, Director, Parks and Recreation Department stated, "We don't have an official date. What we did was we started to update the existing Master Plan for that park so we are compiling some information, getting updated information for you, and we anticipate setting a date in the future. We didn't set that date yet though, but we will." Commissioner Resnick noted that some other people were also interested in the park idea he had mentioned and asked if something would be coming back before the end of the year, or perhaps January or February of the next year? Commissioner Resnick added that he would like to be able to advise any resident's who might also inquire about such a park. Mr. Caldwell said he would defer to the Manager's preference but that Staff was still at the sharing information stage and also noted that they planned to bring this before the Parks and Recreation Advisory Committee for discussion in November to get any input they may have. Mr. Caldwell added, "It won't be as complete report as we're going to give to you —just the updated information. So, I will let you know that as soon as we can though." Next, Commissioner Resnick remarked that the City's Facebook page did launch and thanked City Staff for that, and added that he hoped there would be more posts than Police Department posts. Commissioner Resnick said that he was interested in posts from other Departments, not just the Police Department as that was not what he had envisioned. Commissioner Resnick then said, "So, if there are things going on that we should be involved in or seeing, not just us here but the whole City, that was my vision." REPORTS 404. Office of Commissioner Seat Five/Deputy Mayor - The Honorable Joanne M. Krebs No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 14, 2015 PAGE 13 OF 21 REPORTS 405. Office of the Mayor - The Honorable Charles Lacey Mayor Lacey Mayor Lacey noted that he had met with a couple of women representing the Winter Springs High School Band who advised Mayor Lacey that the Winter Springs High School Band had been invited to participate in the London 2017 New Year's Parade and were hoping to get support from the community. Mayor Lacey suggested that one of the ladies, Ms. Donna Grzesik, a Parkstone resident might be contacting the City Commission Members for their support. Mayor Lacey stated that he was proud of the High School and he would be speaking to the Superintendent next week to see what kind of support the school system would be giving to the Winter Springs High School Band. REPORTS 406. Office of Commissioner Seat One - The Honorable Jean Hovey Commissioner Jean Hovey mentioned that she also had been approached on the same matter and had given them some ideas and also thought the representatives could come to the City and they could also add information to different Facebook pages. Next, Commissioner Hovey also spoke of the City's Facebook page and spoke of what the Florida PTA (Parent - Teachers Association) does, and asked Ms. Joanne Dalka, Director, Information Services Department if we could do something similar which would involve a different Department posting something on a specific day of the week to include water treatment information, water bills, the Budget, and anything else that might be of interest. Ms. Dalka responded, "Yes, we have plans. Once we move our eAlerts system over to the new system, we'll be able to make that process happen more quickly." Commissioner Hovey inquired as to what kind of timeline that was, to which Ms. Dalka answered, "Within the next - three (3) weeks." Commissioner Hovey then asked, "So, the goal then is to be sending things out more often than what we are sending things out ?" Ms. Dalka replied by saying, "Yes." Commissioner Hovey then suggested Ms. Dalka remind Commissioner Hovey about some contact information Commissioner Hovey had and Ms. Dalka said she would. Next, Commissioner Hovey mentioned Seminole County Public Schools and the new "Sunshine Solution" and complimented Seminole County Public Schools on their efforts to come up with a solution. Commissioner Hovey also spoke of recent changes to school Media Centers and thought that people should see the changes with the Media Centers which are now just filled with computers, and are used for testing through the entire school year. Continuing with her Report, Commissioner Hovey asked Mr. Caldwell about the status of upgrades to the baseball fields. Mr. Caldwell responded, "We're doing good with those upgrades - they're completed. The primary one was the fence project and all the fences have been replaced." Mr. Caldwell further spoke on the fence project, mentioned some sidewalks being replaced and added, "We've notified the League of all the construction that will be going on for the next - approximately two (2) weeks to three (3) weeks at the most, and getting some good signage out there." Mr. Caldwell summarized, "All the fields are ready, and we've been in communication with the League, so we're ready to go Saturday." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 14, 2015 PAGE 14 OF 21 On the topic of Facebook, Deputy Mayor Krebs stated, "Faster rather than slower would be my message." Next, Deputy Mayor Krebs mentioned some cards the City Commission had previously been given out and suggested that "Like us on Facebook" could be added to get the word out. Additionally, Deputy Mayor Krebs mentioned some October events and also thought such cards /stickers could be handed out at these October events. Commissioner Hovey thought that when people attended softball baseball /soccer games, those would be further opportunities to have such cards /stickers given out, again to help communicate information. Mayor Lacey said, "Do you want to give Consensus to Kip (Lockcuff) to work with the Manager to get that done in time for these various events ?" Deputy Mayor Krebs stated, "Right." Other Members of the City Commission nodded that they were in favor also. Commissioner Resnick then mentioned that the City usually has a booth at such events, so we could utilize that opportunity to spread the word, and also suggested that anyone here could reach out to others to help grow the City. REPORTS 407. Office of Commissioner Seat Two - The Honorable Kevin Cannon No Report was given. REPORTS 408. Office of Commissioner Seat Three - The Honorable Pam Carroll Speaking as a Festival of the Arts Committee Member, Commissioner Carroll mentioned that this year there were more options for more reasonable ticket prices with some tickets going towards iPads and now there were also different Patron levels. Next, Commissioner Carroll thanked Mr. Caldwell for the replacement picnic table which parents really appreciate. Commissioner Carroll then said she was still getting calls about the need for soccer nets and noted that City playing fields are not just for Leagues, as some families like to play with their children and feel that as residents, they should be able to do that. Commissioner Carroll then referenced the City Commission Minutes of July 27h, 2015 when Commissioner Kevin Cannon had mentioned the need for nets. Commissioner Carroll said she was asking about the same nets and could some be placed at the park, as Commissioner Carroll had been getting calls on this matter too. Mr. Caldwell stated, "Yes is the answer and I'm working on it." Mr. Caldwell added that he had spoken to Commissioner Cannon about this earlier this week and had advised Commissioner Cannon that, "There will be a goal out there next week." Comments followed on having safe equipment available for use, and budgeting for needed equipment prior to the life expectancy of such equipment. Mr. Caldwell said he was in concurrence with this. Commissioner Cannon mentioned he had driven by Trotwood Park and noticed what seemed to be a team type practice game on a Sunday and thought that perhaps Mr. Caldwell and the City Manager could look into having signage that said something like, "Team play needs to be scheduled with the Department of Parks and Recreation" and to include a telephone number or something similar. Mr. Caldwell nodded in agreement. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 14, 2015 PAGE 15 OF 21 PUBLIC HEARINGS AGENDA - PART II OF II PUBLIC HEARINGS 502. Community Development Department - Planning Division REQUEST: The Community Development Department — Planning Division requests the City Commission consider second reading and final approval of Ordinance 2015 -19, which proposes to amend Chapter 20, Zoning, of the Code of Ordinances to establish a limited administrative waiver procedure for approving deviations from the City Code. FISCAL IMPACT: There is no direct fiscal impact to the City 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. This item was advertised in the Orlando Sentinel on August 13, 2015. RECOMMENDATION: Staff and the Planning & Zoning Board recommend that the City Commission approve the following requests: 1. Approve second and final reading of Ordinance 2015 -19, which proposes to amend Chapter 20, Zoning, of the Code of Ordinances to establish a limited administrative waiver procedure for approving deviations from the City Code. 2. Authorize the establishment of a $250.00 application fee for the administrative waiver. City Attorney Anthony A. Garganese read the Second Reading of Ordinance 2015 -19 by "Title" only and mentioned the other part of this Agenda Item related to the City Commission being asked to consider a two hundred and fifty dollar ($250.00) Application Fee for Administrative Waivers. Brief comments. Mayor Lacey opened the "Public Input " portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input " portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 14, 2015 PAGE 16 OF 21 "MOTION TO APPROVE (ORDINANCE 2015 -19)." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER CANNON: AYE COMMISSIONER CARROLL: AYE "0 0111 to)r tell 9 1111011a RELATED TO THE PROPOSED TWO HUNDRED AND FIFTY DOLLAR ($250.00) APPLICATION FEE FOR THE ADMINISTRATIVE WAIVERS, COMMISSIONER HOVEY STATED, "I MOVE - FOR THE ESTABLISHMENT OF THE TWO HUNDRED AND FIFTY DOLLAR ($250.00) APPLICATION FEE." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER CANNON: AYE COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Office of the City Attorney REQUEST: On behalf of the Police Chief and the City Manager, the City Attorney requests that the City Commission consider adopting on Second and Final Reading, Ordinance No. 2015 -17 which comprehensively modifies the City's code enforcement procedures and requirements including, but not limited to, establishing a special magistrate system of enforcing City Codes and amending the manner in which applications for code enforcement lien reductions and satisfactions are considered by the City. FISCAL IMPACT: There is no direct fiscal impact related to the adoption of this Ordinance other than staff and attorney time to prepare the Ordinance and Agenda Item. However, the City will be responsible for fees required to retain a special magistrate. The fees will depend on the future negotiated rate and the case load handled by the special magistrate. Special magistrate fees are not recoverable against the code violator as "costs" under Chapter 162, Florida Statutes. See Op. Att'y Gen. Fla. 14 -04 (2014) (s. 162.07(2), Fla. Stat. does not allow a city to recover against a code violator the fees paid to a special magistrate or to the special magistrate's assistant). CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -SEPTEMBER 14, 2015 PAGE 17 OF 21 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 Manager, Police Chief, and City Attorney recommend that the City Commission adopt Ordinance No. 2015 -17 on Second and Final Reading. Attorney Garganese read the Second Reading of Ordinance 2015 -17 by "Title" only. Discussion followed on costs and administrative tasks related to a proposed. Special Magistrate, to which Attorney Garganese said that the "The City Clerk's Office would provide some administrative support along with the Police Department. That's typically bow it is handled in other cities." Commissioner Resnick mentioned his concern with replacing seven (7) City Volunteers with a Special Magistrate that would cost the City money, and that the Code Enforcement Board had not had problems attending meetings. Commissioner Resnick added that his concern was "The only thing I see changing is the loss of a Board, citizen support, and the cost to taxpayers. So that is my perspective on this." Further, Commissioner Resnick spoke of where the "City Manager would be given the opportunity to reduce Liens — I agree with that portion." Commissioner Carroll added, "I also agree with the City Manager reducing Liens." Further comments followed on possible Appeals. Commissioner Carroll then spoke of her concern with appointing Special Magistrates, tax payer funds for such, and that the City Attorney could be involved in some Cases. Commissioner Carroll added, "We have no clue how much this Special Magistrate would cost. Are they going to be exclusively for Winter Springs or do they have a Law practice and they only come to Winter Springs every now and then? Do they have a higher charge rate because it is usually in the evening and not during the daytime ?" Commissioner Carroll then noted, "It concerns me because we have no true drilled down estimate of the costs to go this Special Magistrate route." Continuing, Commissioner Carroll stated. that she agreed with Code Enforcement Board Member Kaprow's comments about the City trying to encourage Volunteer participation, but then the Code Enforcement Board might be sunsetted. Commissioner Carroll then asked about Code Enforcement Board Member Kaprow's written comments being included. Further remarks followed on Code Enforcement Board Member Kaprow's letter to which Mayor Lacey said, "I am satisfied entering it into the Record as a written document." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING— SEPTEMBER 14, 2015 PAGE 18 OF 21 With concerns about handling abandoned cars, Chief of Police Kevin Brunelle mentioned there was no Ordinance about this currently in the Code, to which Commissioner Carroll suggested, "Could we make that a separate Ordinance and assist you somehow." Chief Brunelle mentioned that Attorney Garganese had included it in an Impoundment Ordinance, and noted that on the topic of abandoned vehicles and other matters, "The due process that we have to go though to do it, would not change." With further remarks on abandoned vehicles, Commissioner Carroll said, "I would like to officially have entered into the Record, a letter from Rabbi Maurice S. Kaprow, dated September 8`h " Further remarks continued on Winter Springs being a different City from many others that might deal with such issues often. Chief Brunelle pointed out, "We're not asking for this because we're dissatisfied with the Code (Enforcement) Board, or anything that they've done for us in the past. I desire to bring a way to reduce taxpayer expenses." Chief Brunelle continued that they had been interested in proposing an Impoundment Law, and then spoke of the time Police Officers are tied up with such situations and that this Law would improve the burden put on law - abiding citizens and taxpayers. Chief Brunelle then commented on a big problem involving individuals who use a car to commit crimes. Remarks followed on related statistics involving Police Department Staff, delays, and issues affecting Police Officers and better uses of their time. Tape 11Side B Continuing, Chief Brunelle then spoke of a quick turnaround needed to hold a Hearing and other Ordinances they were considering which may also require holding a meeting in a short amount of time in order to enact decisions. Further remarks ensued on quorums needed within a ten (10) day period, and vacant positions on the Code Enforcement Board. Chief Brunelle pointed out, "It's about making the process easier for the citizens who request this Hearing, easier for us to prepare the meetings without having all the packages, but the biggest thing is the due process of Law — we have to make sure that the fundamental due processes of Law are covered." Discussion followed on the Code Enforcement Board, the kind of Cases heard and that many minor Cases the Code Enforcement Board does hear, would probably not go before a Special Magistrate. Residents understanding the struggles another resident or neighbor may be having, and emotions were mentioned next. Deputy Mayor Krebs said that she hoped that residents receive the benefit of the doubt, as we are a City and neighbors alike. Deputy Mayor Krebs also did not see a Special Magistrate caring like the Members of the Code Enforcement Board do. Further remarks continued on what Code Enforcement Staff of the Police Department does to assist residents, Cases like lawn problems, etc., previous communications with the Code Enforcement Board, and the quick turnaround of time needed to hear Cases which might be tough if a quorum was needed of the Code Enforcement Board. Commissioner Carroll spoke of recent concerns from Code Enforcement Board Members Greg Roero and Maurice Kaprow, and that costs could escalate with a Special Magistrate. With further discussion on the matter of costs, Attorney Garganese pointed out that "Costs are recoverable. The actual Fee that the City pays for the Special Magistrate is not considered a cost which can be expressly recovered in an Order. With that said, costs are recoverable, administrative costs for prosecuting the Case are recoverable. On top of that, there is a Fine that can be imposed for Violations. The Fines are not determined based on the incorporation of costs. The Law says that you can impose Fines, not to exceed five hundred dollars ($500.00) for a specific Code Enforcement Violation. So, you have Fines on top of that which as they're paid, can be used to reimburse the City for expenses and Code Cases." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 14, 2015 PAGE 19 OF 21 Commissioner Resnick asked about other Ordinances in the works, and thought they probably also have related time limits? Chief Brunelle said, "They would. In order to request a Hearing, we would have a certain amount of time." Commissioner Resnick noted for the Record that his previous discussions with Chief Brunelle were clear. Discussion followed on putting the costs where they belong - with the Violators, towing and related Ordinances, time limits, requested Hearings, and that quorums of the Code Enforcement Board may be hard to get in a short amount of time. Commissioner Resnick asked if it might be desirable to keep the Code Enforcement Board and keep them active every other week, and if not needed, they could be dismissed. Attorney Garganese addressed impoundment of vehicles and what was need for due process, and pointed out, "The impoundment of a vehicle, the taking away of property for a short period of time, because of some Violation demands a quick Hearing for due process reasons. That usually doesn't occur on a standard Code Enforcement matter." Continuing, Attorney Garganese added, "To implement a process like impoundment of vehicles that the Chief has brought to my attention and would like the Commission to consider in the future, it is going to be very difficult, very difficult to get the Code Enforcement Board to meet when and if necessary, which could be seven (7) consecutive days, depending on how many vehicles the Chief impounds." Commissioner Cannon mentioned that he understood what Chief Brunelle and Attorney Garganese are trying to do in terms of due process and suggested that the Code Enforcement Board be kept intact and also utilize a Special Magistrate just for impoundment of vehicles. Attorney Garganese said this could be done. Commissioner Cannon noted that the City has some very dedicated residents with diversity, thought there should be a separate track in the Ordinance for vehicle impoundment, and hoped that more information related to costs would be provided. Next, Commissioner Cannon suggested, "I would like to have a separate track in the Ordinance that is specific for the vehicle impoundments, that you can accomplish in that seven (7) day window that you may have to accomplish it in, without truly disrupting all of our dedicated Volunteers and having to have them meet — every week. That would be too disruptive." Commissioner Cannon then mentioned it would be difficult for the Chief to predict the various Cases he might have. Mayor Lacey asked the City Commission, "If the idea proposed by Commissioner Cannon is something that most of you would like to see us pursue, go down that path ?" Commissioner Carroll stated, "That is what I would like." Commissioner Hovey asked if this Ordinance could be Postponed or Tabled until all the Ordinances are ready to be presented, along with addressing concerns with the Code Enforcement Board. Commissioner Hovey added that she personally did not like getting a piece here and there, and the City Commission might want to change things should another Ordinance come before them. Attorney Garganese noted, "The Commission can postpone Final Adoption of the Ordinance, and do that, but if already there is a majority of the Commission that would like to keep the Code Enforcement Board and perhaps consider a Special Magistrate for other types of Code Enforcement Board needs, there's no reason to postpone the Ordinance because the Ordinance is going to have to be completely re- structured." Commissioner Hovey mentioned that an Attorney might be in a. Trial for a period of time, when that individual might be needed as a Special Magistrate and that also could be an issue; thus more than one (1) Special Magistrate might be needed. Attorney Garganese agreed and said, "You could put more than one (1) Special Magistrate on retainer on an as- needed basis, to address that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- SEPTEMBER 14, 2015 PAGE 20 OF 21 Attorney Garganese remarked that there are other issues such as License Revocations, Enforcement Hearings that the City Commission may want to have a Special Magistrate hear, but such matters have not been brought forward to date. Furthermore, Attorney Garganese pointed out that "Chapter 162 Florida Statutes allows the City to have mix of Code Enforcement procedures." Continuing, Attorney Garganese said, "You can have a Code Enforcement Board, you can have a Special Magistrate, you can have Civil Citations which the City currently has. You can even have Notice to Appear type Code Enforcement procedures. You can have one (1) or all of them. The Law doesn't limit this Commission to one (1) way of enforcing Codes." Comments followed on Civil Citations, and matters involving the Clerk of the Court. Deputy Mayor Krebs said she supported Chief Brunelle and did not want to dismiss the Special Magistrate idea, and added, "But I don't want to say that's the only thing I want." Regarding a possible hybrid, Chief Brunelle said he would get with Attorney Garganese to see how this could be done. Commissioner Carroll also thought we could keep the Code Enforcement Board and have a "dual system" and have the City Manager or Designee handle Lien type issues. Comments followed on Cases the Police Department deals with, the Ordinances in question, previous comments from the City Commission, Commissioner Carroll then asked what other cites do and if the Florida League of Cities may have information on Fees on file. Chief Brunelle then mentioned previous discussions he had with Members of the City Commission. Commissioner Cannon noted that he agreed with what Commissioner Hovey said and that he thought it would be helpful to have all of the Ordinances that Staff was interested in, so they could consider them all at one time. Attorney Garganese summarized, "If the Commission wants to split various provisions out of this Ordinance then the Ordinance should fail. I'll have to go back to the drawing board. We'll have to have First Reading on a different Ordinance. So, that's first and foremost and then you have the Vehicle Impoundment Ordinance that is something that is tentatively scheduled for the next Commission meeting, as a separate Ordinance." With further comments, Attorney Garganese added, "Depending on what you decide, we may have to push that back one (1) more meeting, because that Ordinance is contingent upon the creation of a Special Magistrate system." Mayor Lacey stated, "I would suggest we just move on with no action." Commissioner Carroll and Commissioner Resnick agreed. There were no objections voiced. Mayor Lacey added, "I do not hear any objections." No action was taken on this Agenda Item. REGULAR AGENDA REGULAR 600. Not Used CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MAY 11, 2015 PAGE 17 OF 17 VOTE: COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER CANNON: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Commissioner Cannon offered his thanks to Ms. Dalka. PUBLIC INPUT No one addressed the City Commission at this time. Lastly, Mayor Lacey mentioned there was no second Regular Meeting of the City Commission in May due to the Memorial Day holiday. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 7:21 p.m. RESPECTFULLY SUB.qITTED: AN A RENZO-LUACES, MMC CITY CLERK APPROVED: MAYOR CHARLES LACEY NOTE: These Minutes were Approved at the September 28, 2015 City Commission Regular Meeting.