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HomeMy WebLinkAbout2015 06 22 City Commission Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA XNTE� �z ,,0 � * Z V � Incorporated • 1959 ' C04 wF- CITY COMMISSION MINUTES REGULAR MEETING MONDAY, JUNE 22, 201 5 - 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 - JUNE 22, 2015 PAGE 2 OF 21 The Regular Meeting of Monday, June 22, 2015 of the City Commission was called to Order by Deputy Mayor Joanne M. Krebs 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, absent Deputy Mayor Joanne M. Krebs, present Commissioner Jean Hovey, present Commissioner Kevin Cannon, present Commissioner Pam Carroll, present Commissioner Cade Resnick, arrived at 6:04 p.m. 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 and whether there were any Agenda Changes, Commissioner Kevin Cannon asked that Consent Agenda Item "302" be pulled off the Consent Agenda. Hearing no objections, Deputy Mayor Krebs stated, "We will pull off '302'." Deputy Mayor Krebs mentioned some problems she had receiving emails recently and noted her concerns with not receiving emails. Deputy Mayor Krebs then said that as the emails from residents of the Winding Hollow community had now been forwarded to her, she had asked City Staff to address the concerns of these residents. Deputy Mayor Krebs asked the City Commission, "Would you allow Staff to give us a little report on some of those?" Members of the City Commission nodded in agreement. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department spoke on the east and west side office buildings at Winding Hollow, that these buildings are owned by different entities and pointed out, "We don't usually control the timing. These are property rights items that come through in terms of the phasing, terms of their business plans and so forth. So, we had no ability to stop one until another is built out. I just wanted to make that abundantly clear. Mr. Stevenson further commented briefly on taxes, as well as promoting and marketing the City. Commissioner Cade Resnick arrived at 6:04 p.m. Mr. Brian Fields, P.E., City Engineer, Public Works Department pointed out that "The City Code requires a Performance Bond when a development is a subdivision, typically that's where the public infrastructure, the roadways, the water and sewer improvements, the stormwater — this particular property on the east side is one (1) piece of property with three (3) buildings on it. There is no public infrastructure. The City Code does not require a Performance Bond for this project. There is no provision in the City Code to have any kind of Bond to complete a building or a private development site. The property on the west side actually is six (6) platted lots, however they completed the public infrastructure before they platted so no Bond was required on that site — both sides of the projects, there was no Bond. There was no Waiver of any City requirements to provide a Bond." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 22, 2015 PAGE 3 OF 21 Chief of Police Kevin Brunelle, Police Department addressed aesthetics, water issues, Code Enforcement actions, efforts his Department was taking and said, "Going forward, we will continue to stay on them and address any of the Code Violations as the Law allows us to address them." Commissioner Cannon asked about timelines related to Building Permits and associated Inspections and deliverable dates. Mr. Stevenson said there were no deliverable dates, "But we do have Inspections that are timed, that are sequenced." Next, Commissioner Pam Carroll commented on a recent visit she made to the offices at Winding Hollow and mentioned that the Leasing Office seemed as though it was being cleared out, and inquired if there was on -site leasing. Chief Brunelle responded, "We have not verified whether there is still an on -site Leasing Agency there." Commissioner Carroll said that would be a concern to her if no one was actively leasing the properties. Continuing, Mr. Stevenson added, "I have spoken with the Realtor who was involved initially in the project. He is beginning to be re- involved and he is actively going to be marketing these properties." Commissioner Cannon asked who the owners of both properties were, to which Mr. Stevenson noted ownership information. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA INFORMATIONAL 200. Not Used PUBLIC INPUT Deputy Mayor Krebs opened "Public Input ". Deputy Mayor Krebs mentioned some "Public Input" forms she had received from individuals who did not want to address the City Commission and noted they were from Nicholas Kahl, Wendy Kusmick, and Karen Kahl. Deputy Mayor Krebs added, "These will all be put into the Record." Mr. Ken Spalthoff, 1106 Shadowbrook Trail, Winter Springs, Florida: said that he "Was asked to speak on behalf of the Homeowner's Association" and mentioned concerns with the office buildings at Winding Hollow, that he hoped to hear some action plans, and he appreciated the Police Department's assistance. Mr. Spalthoff noted, "We're here to work with the Commission, work with all of you to find a solution." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NNE 22, 2015 PAGE 4 OF 21 Continuing, Mr. Spalthoff mentioned property values, ownership of the offices at Winding Hollow, what can be done with present concerns, and that they need help from the City to get the offices completed. Additionally, Mr. Spalthoff mentioned that it seemed that the Department of Transportation had just placed a signalized pole in front of the Winding Hollow sign. Deputy Mayor Krebs mentioned that Mr. Fields had been trying to help with this issue. Mr. Fields spoke on this signalized pole, and pointed out that Winter Springs had asked the Department of Transportation "To relocate this particular pole or at least cut it down so nothing was blocking the Winding Hollow sign. They said they would look at it today, just recently this afternoon - we will work with them to hopefully address this problem." Commissioner Jean Hovey asked City Attorney Anthony A. Garganese what the City could legally do. Attorney Garganese commented on private development, that Building Permits need to be kept active, and Code Enforcement could help with any negative nuisances related to the construction sites. Furthermore, Commissioner Hovey mentioned that she had visited the sites a couple of weeks ago and noticed some open doors and suggested to City Manager Kevin L. Smith and Chief Brunelle, "We just need to continue to be proactive." Chief Brunelle referenced the Report Case Number and said, "If anybody wants to track this, if you want, just send me an email and I can send you a copy of the Report and any follow -up information. The Code Enforcement Case number is 2015CE001604 and I'll send that to you Ken, so you'll have that." Chief Brunelle then spoke of the Violations they have notified the Owner about, and the processes the Owner will need to follow. Commissioner Cannon asked Attorney Garganese if there were other courses of action related to Ordinances that we could consider in terms of the Building Permit procedure, and mentioned his concern with open windows, doors, and potential vandalism. Attorney Garganese referenced nuisance abatement and noted that the Florida Building Code is a Uniform Statewide Building Code and that as this is a construction site, Trespassing Codes would be relevant. Discussion followed on nuisance abatement, and it was mentioned that fences around some construction sites is not required, although signage is. Chief Brunelle commented further on Code Enforcement, and techniques the Police Department uses to prevent problems while also working with Owners. With further remarks, Commissioner Cannon asked about fences being required for permitting of commercial construction to which Attorney Garganese suggested this be looked into. Discussion. Commissioner Carroll asked if we knew how many of the west side offices are currently occupied by a business, what is the status of Permits on the east side offices, and are they up to date. Mr. Stevenson responded, "We are looking at the ones on the east side to determine when their last approved Inspection was, and monitoring that time frame on the east side." Mr. Stevenson mentioned a recent visit he made to the west side offices, but was not sure which west side offices were actually occupied. Chief Brunelle was also asked about the status of occupancy of the west side offices, referenced an emergency contact list, said he could check their records, and also have his Staff look into this. Brief discussion continued. Mr. Kent McMillian, 1038 Winding Waters Circle, Winter Springs, Florida: commented on issues related to the office buildings at Winding Hollow, and thought more communication would be helpful. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JUNE 22, 2015 PAGE 5 OF 21 Discussion followed on residents communicating with the Mayor and City Commission, that the simplest way is to go through the City Clerk, and it would be helpful to the City Commission if the resident's could provide the City Commission with a list of their concerns. Further remarks ensued on recent emails to the Mayor and Deputy Mayor Krebs, Commission Districts, and whether the City Commission as a whole should be sent all emails. Deputy Mayor Krebs said to City Clerk Andrea Lorenzo- Luaces, "Why don't you go ahead and forward all of the emails that came to myself and the Mayor, to the rest of the Commissioners here, because I was unaware they were not being emailed as well - so, they will have all of the information; because we want to make sure we do answer your questions." Deputy Mayor Krebs added, "What I was really looking for is if we didn't answer questions tonight that you wanted answered, I wanted you to let me know what those were so that — if we don't have the answers now, we can get those answers to you as quickly as possible. So again, let us know. " Manager Smith mentioned that as Mr. Stevenson, Mr. Fields, and Chief Brunelle were aware of the issues, "They have the questions and concerns and some of them were answered tonight and we're going to do our best to get answers to what hasn't been answered. Randy (Stevenson) will communicate back to either — directly to the HOA (Homeowner's Association) President or whomever would like to be communicated with, as those answers come forward." Tape I /Side B Commissioner Carroll added, "And copy all of us." Deputy Mayor Krebs stated, "Perfect." Furthermore, Commissioner Carroll pointed out, "It is difficult for a Commissioner to be up here and learn that there were emails sent with concerns from citizens which some of us didn't receive. It puts us at unfortunately a disadvantage and we all care. We all want to help." Commissioner Resnick thanked the residents for their emails, apologized for not receiving emails, and mentioned that as social media advances are made, such might help with quicker results. Commissioner Resnick said he thought it was fine to send emails just to a District Commissioner. Ms. Sharon Testerman, 1101 Shadowbrook Trail, Winter Springs, Florida: thanked the City Commission for their concern, commented on the west and east side offices at Winding Hollow in terms of ownership, asked what was required by the owner of the office buildings, and said that the buildings were an eyesore. Ms. Testenman also commented on Code Enforcement issues, and inquired whether area residents could help with any landscaping of the office properties. Chief Brunelle stated, "I would caution anybody from a Homeowner's Association or anybody that lives in Winding Hollow to go on private property and to do anything, because it subjects you to a lot of liability, so I would caution you not to do it." Deputy Mayor Krebs suggested to Ms. Testerman, "What would really help is if you could put all of your questions and then submit it to the Clerk." With continued remarks, Deputy Mayor Krebs added, "Put them down on paper — submit it to the Clerk who will get it to the City Manager and he can get what answers we can give you - somebody can either call you or respond to you." Next, Ms. Testerman asked about the Owner's name to which Commissioner Cannon offered some information he had found. Chief Brunelle pointed out that the person on record for Professional Offices LLC was shown as Rick Saturn who is listed as the "Proprietor ", his address is 3437 SE Ankeny Street, Portland, Oregon 97214, his phone number is 503- 224 -0902, and is shown as the owner of the east side buildings at 243 Winding Hollow Boulevard. Chief Brunelle then said the other contact they had was Richard Allen Yorkell, his contact number is 386 -295 -3016 with an address of 63 -A Oak Place, Port Orange, Florida and this person is noted as the "Caretaker ". CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 22, 2015 PAGE 6 OF 21 Mr. Ron Ligthart, 1 036 Winding Waters Circle, Winter Springs, Florida: commented on empty buildings in the City of Winter Springs, a local Interior Designer business, that lights at night are always off as well as other concerns he had with the office buildings at Winding Hollow. Mr. Ligthart also asked about the re- paving of State Road 434. Discussion. Deputy Mayor Krebs closed "Public Input ". •.- AGENDA NOTE: CONSENT AGENDA ITEM "302" WAS REFERENCED DURING THIS SECTION AND ALSO LATER IN THE MEETING, AS SHOWN ON PAGES 13 -14 OF THESE MINUTES. ❖ • CONSENT AGENDA CONSENT 300. Public Works Department REQUEST: OThe Public Works Department requesting authorization to execute a change order to the agreement with Atlantic Civil Constructors Corporation for the installation of decorative crosswalks at the intersection of SR 434 and Central Winds Drive in the amount of $54,224.69. FISCAL IMPACT: The cost of the decorative crosswalks is $54,224.69 and will be funded by the Road Improvement Fund (one -cent sales tax). 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: 1) authorize executing a change order to the construction agreement with Atlantic Civil Constructors Corporation for the installation of decorative crosswalks at the intersection of SR 434 and Central Winds Drive in the amount of $54,224.69; 2) increase the contingency to 13.5 %; and 3) authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 22, 2015 PAGE 7 OF 21 CONSENT 301. Public Works Department REQUEST: The Public Works Department requests authorization to piggyback off of Florida Sheriffs Contract 14 -22- 0904 to purchase a 2015 Ford F -550 truck for the Public Works Department at a cost of $35,61.2. FISCAL IMPACT: The F -550 truck is not budgeted in the Transportation Improvement Fund Vehicle Capital Equipment line code so a supplemental appropriation of $35,612 from the fund balance of the Transportation Improvement Fund will be required. The truck will be received approximately 60 to 90 days after being ordered. 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 Public Works Department recommends the City Commission authorize the purchase of a Ford F -550 from Duval Ford by piggybacking off of Florida Sheriffs Contract 14 -22 -0904 Spec #9 at a cost of $35,612 and authorize a supplemental appropriation of $35,612 from Transportation Improvement Fund balance to the Transportation Improvement Fund Vehicle Capital line code for this purchase. There was no discussion on this Agenda Item. CONSENT 302. Public Works Department - Stormwater Division REQUEST: The Public Works Department requesting authorization to issue a purchase order to Barracuda Building Corporation for construction of the Sheoah Boulevard Drainage Improvements in the amount of $42,089 plus a 10% contingency. FISCAL IMPACT: The project cost is $42,089 plus a 10% contingency, funded by the Stormwater Utility Fund. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 22, 2015 PAGE 8 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 issuing a purchase order to Barracuda Building Corporation for construction of the Sheoah Boulevard Drainage Improvements in the amount of $42,089 plus a 10% contingency, and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. This Consent Agenda Item was pulled off the Consent Agenda to be discussed individually later in this meeting. CONSENT 303. Public Works Department - Urban Beautification Division REQUEST: The Public Works Department — Urban Beautification Division requesting City Commission approve a supplemental appropriation of $3,000 for the construction of additional signage at the corner of Northern Way and Winter Springs Boulevard. FISCAL IMPACT: The current capital improvement fund balance for Hawks Reserve (Tuscawilla Phase III Special Assessment Fund) as of 9/30/2014 was $4,907 which is expected to increase to $5,014 by 9/30/2015. The current Hawks Reserve capital and maintenance assessments of $85 per benefit unit (BU) and $75 per BU, respectively, are proposed to remain unchanged in FY16. 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 - JUNE 22, 2015 PAGE 9 OF 21 Staff is working on a mailer to send to the Hawks Reserve residents which will contain information about the assessment area, capital fund amortization schedule, maintenance activities and costs, staff contact information and upcoming plans. It is anticipated the mailer will go out after review by the City Commission at the July 27 meeting and be done on an annual basis thereafter. RECOMMENDATION: Staff recommends the City Commission approve a supplemental appropriation of $3,000 from the Tuscawilla Phase III Special Assessment capital fund balance to the construction in progress line code for the construction of additional signage at the corner of Northern Way and Winter Springs Boulevard. This Agenda Item was not discussed. CONSENT 304. Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting the City Commission authorize the City Manager to execute the attached agreement, as prepared by the City Attorney, between the City of Winter Springs and the Oviedo- Winter Springs Chamber of Commerce for the 8th Annual Winter Springs Festival of the Arts. FISCAL IMPACT: City Parks and Recreation and Public Works services estimated at $1600. City Public Safety Services not to exceed $5,500.00. Blumberg Blvd. rental revenue received by the City is $800.00 per the agreement. 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 authorize the City Manager to execute the attached agreement, as prepared by the City Attorney, between the City of Winter Springs and the Oviedo- Winter Springs Chamber of Commerce for the 8th Annual Winter Springs Festival of the Arts. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 22, 2015 PAGE 10 OF 21 CONSENT 305. Office of the City Clerk REQUEST: The City Clerk is requesting the City Commission Review and Approve the Monday, June 8, 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, June 8, 2015 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 306. Community Development Department - Planning Division REQUEST: The Community Development Department - Planning Division requests the City Commission approve the Tuscany Place Plat, and authorize the plat to be recorded. FISCAL IMPACT: There is no immediate fiscal impact associated with this agenda item. The addition of 45 townhouse units will contribute to the City's ad valorem tax value once built and added to the tax roles. 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 22, 2015 PAGE I 1 OF 21 RECOMMENDATION: Staff recommends the City Commission approve the Tuscany Place plat and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. No discussion. CONSENT 307. Community Development Department - Planning Division REQUEST: The Community Development Department - Planning Division requests the City Commission approve the re -plat for lots 9 -12 of the Greens at Tuscawilla, and authorize the replat to be recorded. 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 recommends the City Commission approve the Greens at Tuscawilla replat and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. This Agenda Item was not discussed. CONSENT 308. Office of the City Manager and Office of the City Attorney REQUEST: The City Manager and City Attorney request the City Commission approve a Mediated Settlement Agreement related to City of Winter Springs v. WCA of Florida, Inc. and the School Board of Seminole County which is currently before the Florida Fifth District Court of Appeal. FISCAL IMPACT: Once all of the parties approve the Settlement, the City will receive a $1,000 non - exclusive franchise fee application fee, and an annual franchise fee equal to 10% of the gross revenues received by WCA from their current contract with the School Board, once the ordinance becomes effective. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 22, 2015 PAGE 12 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 and City Attorney recommend that the City Commission approve this Mediated Settlement Agreement related to City of Winter Springs v. WCA of Florida, Inc. and the School Board of Seminole County. No discussion. CONSENT 309. Public Works Department REQUEST: The Public Works Department requesting City Commission authorization to issue a purchase order to Fausnight Stripe & Line, Inc. in the amount of $29,675 for the installation of decorative street signs at Jesup's Reserve, funded by reserve funds from the 2010 Jesup's Reserve performance bond settlement. FISCAL IMPACT: The cost to install the decorative signs is $29,675 and will be funded by the Escrow Jesup's Reserve fund (bond settlement). 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 -JUNE 22, 2015 PAGE 13 OF 21 RECOMMENDATION: Staff recommends the City Commission approve issuing a purchase order to Fausnight Stripe & Line, Inc. in the amount of $29,675 for the installation of decorative street signs at Jesup's Reserve, funded by reserve funds from the 2010 Jesup's Reserve performance bond settlement. There was no discussion on this Agenda Item. "MOTION TO APPROVE CONSENT, WITHOUT `302'." MOTION BY COMMISSIONER CARROLL. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. DEPUTY MAYOR KREBS SAID, "ALL OF THOSE IN FAVORT' COMMISSIONER HOVEY, COMMISSIONER CARROLL, COMMISSIONER CANNON, AND COMMISSIONER RESNICK STATED, "AYE." DEPUTY MAYOR KREBS THEN ASKED, "ANY OPPOSED?" HEARING NO RESPONSES, DEPUTY MAYOR KREBS REMARKED, "MOTION PASSES." MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. ❖ ❖ AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM "302 ", PREVIOUSLY LISTED ON THE CONSENT AGENDA WAS DISCUSSED NEXT INDIVIDUALLY, AND WHICH WAS PREVIOUSLY NOTED ON PAGES 6 -8 OF THESE MINUTES. THE "REPORTS" SECTION OF THE AGENDA FOLLOWS, AS DOCUMENTED. FORMERLY LISTED ON THE CONSENT AGENDA AS "3 02" Public Works Department - Stormwater Division REQUEST: The Public Works Department requesting authorization to issue a purchase order to Barracuda Building Corporation for construction of the Sheoah Boulevard Drainage Improvements in the amount of $42,089 plus a 10% contingency. FISCAL IMPACT: The project cost is $42,089 plus a 10% contingency, funded by the Stormwater Utility 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 - JUNE 22, 2015 PAGE 14 OF 21 RECOMMENDATION: Staff recommends the City Commission approve issuing a purchase order to Barracuda Building Corporation for construction of the Sheoah Boulevard Drainage Improvements in the amount of $42,089 plus a 10% contingency, and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. Commissioner Cannon asked if competitive bidding was done. Mr. Fields briefly addressed this. Deputy Mayor Krebs stated, "We will have a Vote on `302'." MOTION. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire No Report was given. REPORTS 401. Office Of The City Manager — Kevin L. Smith No Report. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC No Report was given. REPORTS 403. Office of the Mayor - The Honorable Charles Lacey Mayor Lacey Absent. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 22, 2015 PAGE l5 OF 21 REPORTS 404. Office of Commissioner Seat One - The Honorable Jean Hovey Commissioner Hovey thanked the City Clerk and Staff for their efforts with the Board and Committee Appreciation Dinner and stated, "It was a great time." Further comments. Next, Commissioner Hovey then mentioned that the Winter Springs Girls Softball All Star Team (6 and Under) won their District title two (2) weeks ago and are playing next in the State championships. Commissioner Hovey also mentioned another team and that "It was pretty amazing that we have two (2) teams that are representing Winter Springs in the State championships." Continuing, Commissioner Hovey thanked Chief Brunelle for all that the Police Department does for us, thanked Chief Brunelle personally, then referenced two (2) different civil related interactions with other agencies and that she was disappointed in how they were handled, in comparison with Winter Springs' Police Department. Commissioner Hovey further remarked, "I believe the residents appreciate all that the Police Department does." Commissioner Hovey added, "Please thank them on my behalf and my family's behalf and I am sure the other Commissioners will agree with me. Thank you!" REPORTS 405. Office of Commissioner Seat Two - The Honorable Kevin Cannon Commissioner Cannon mentioned he had moved his Law practice from Downtown Orlando to Winter Springs - across the street from City Hall. Also related to the City's Police Department, Commissioner Cannon remarked that it was a matter of attitude and said to Chief Brunelle, "Your Officers always have a very good attitude when they interact with members of the public here in our City and it makes a huge difference!" Next, Commissioner Cannon noted his concern with a commercial project potentially affecting the City's tax base, and asked Manager Smith about the possibility to evaluate if there were changes we could consider in regards to our Code of Ordinances, specifically related to nuisances. Commissioner Cannon said he would like to discuss this with Attorney Garganese, Mr. Stevenson, and Mr. Fields. Further remarks ensued. Continuing, Commissioner Cannon mentioned a Scout Troop trip he was involved with. Commissioner Cannon then addressed the recent Advisory Board and Committee event, said that he was sorry he was not able to attend, and offered his thanks to the City's Advisory Board and Committee Members — "I wasn't able to be there in person to say `Thank you', but `Thank you'." REPORTS 406. Office of Commissioner Seat Three - The Honorable Pam Carroll Commissioner Carroll offered her thanks to Deputy Mayor Krebs, the Office of the City Clerk for their efforts with the Board and Committee Appreciation Dinner, and commented on one of the specific details. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 22, 2415 PAGE 16 OF 21 Secondly, Commissioner Carroll commended the individual who runs the Winter Springs 32708 Facebook page and noted that she thought that there might be misunderstandings by those who post on the Facebook page about businesses and property rights. Commissioner Carroll then explained particulars related to classes of office space and aspects of different building spaces. REPORTS 407. Office of Commissioner Seat Four - The Honorable Cade Resnick In regards to the recent Board and Committee Appreciation Dinner, Commissioner Resnick said to City Clerk Lorenzo - Luaces and her Staff, "It was a great event ". Continuing, Commissioner Resnick added, "To the Volunteers, once again thank you for the time that you put into the City!" Next, Commissioner Resnick referenced a recent storm in the area and said to Chief Brunelle and Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Departments and their respective staff members, "Thank you for cleaning up Winter Springs as quickly as you did." Commissioner Resnick mentioned that over the past year there seemed to be much concern over property rights and suggested "An idea to consider, some teachings and trainings to HOA's (Homeowner's Associations) and some teaching in open forums to the citizens. They can come in here and learn what these property rights really look like, what the Future Land Use actually looks like. Just invite the citizens and if they don't come, it's their choice but at least if we are offering it." Manager Smith responded to Commissioner Resnick, "Can I give some thought as to how we may or may not operationalize it." Commissioner Resnick added that it was just an idea. REPORTS 408. Office of Commissioner Seat Five/Deputy Mayor - The Honorable Joanne M. Krebs Deputy Mayor Krebs said, "Thank you Andrea (Lorenzo - Luaces) and your Staff for that lovely dinner and everything you did had a meaning to it which is so cool." Deputy Mayor Krebs added that she also wanted to offer her appreciation to City Staff for participating in the suggested dress, that she enjoyed her role, liked the theme dance, the video, and hoped more people who help in the City could also be included. Additionally, Commissioner Carroll mentioned the upcoming "ARTOBERFEST" event and said that if anyone was interested in assisting, that their help would be very appreciated. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 22, 2015 PAGE 17 OF 21 ❖ :• AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT, PREVIOUSLY SHOWN ON PAGE 15 OF THESE MINUTES WAS GIVEN. THE REST OF THE AGENDA FOLLOWS, AS DOCUMENTED. ❖ ❖ REPORTS REPORTS 405. Office of Commissioner Seat Two - The Honorable Kevin Cannon Commissioner Cannon mentioned the upcoming Lake Monroe Amateur Radio Society Field Day is being held this coming weekend at Central Winds Park beginning at 2:00 p.m. on Saturday, June 27, 2015 and it will run until 2:00 p.m. Sunday, June 28, 2015. Commissioner Cannon noted that everyone was welcome to attend! PUBLIC HEARINGS 500. Community Development Department - Planning Division REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for the approval of. 1) Final Engineering Plan, 2) Aesthetic Review and 3) Development Agreement for Southern Oaks, a single- family residential subdivision located north of SR 434 and west of the intersection of DeLeon Street and Cress Run. FISCAL IMPACT: Approval of the Final Engineering Plan and Aesthetic Review allows the subject property to be developed into a single- family residential subdivision. Development of the subject property is anticipated to provide an increase to the City's taxable value. The potential tax revenue of the proposed project is as follows: • Fee Simple Single Family Residential Units - 54 units • Units - 54 assessed at $200,000 = $10,800,000 assessed tax value • $10,800,000/1000 = 10,800 • $10,800.00 x(2.4300) = $26,244 $26,244 (less the 4% statutory discount) = $25,194.24 tax revenue COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING- NNE 22, 2015 PAGE 18 OF 21 RECOMMENDATION: Staff and the Planning & Zoning Board recommend approval of: 1) Final Engineering Plan 2) Aesthetic Review 3) Development Agreement for Southern Oaks. A separate vote is requested for each of the items listed above. Ms. Amanda Webb, Planner, Community Development Department introduced this Agenda Item to the City Commission. Deputy Mayor Krebs opened the "Public Input " portion of the Agenda Item. Ms. Heather Himes, Esquire, Akermann LLC, 424 South Orange Avenue, Orlando, Florida: representing the Applicant, Ms. Himes remarked, "We are in support of the recommendation of Staff." Ms. Himes then referenced a Non - Exclusive Easement and asked if it was a separate item. Attorney Garganese stated, "The Development Agreement incorporates a Non - Exclusive Easement and the way the Development Agreement is stated, the Easement will be in substantial form - that form that's attached to the Development Agreement implies that there may be some additional technical tweaking that the Manager and I may have to do, especially in one related issue regarding the Solary Canal Deed issue that we have to work with the District on a little bit." Deputy Mayor Krebs closed the "Public Input" portion of the Agenda Item. Discussion followed with Mr. Fields on the dry retention pond. Commissioner Cannon asked, "Are there any Bond conditions on this development under Development Agreement or separate Bond requirement for follow through on construction ?" Mr. Fields explained that the "The Bond requirement will come into play when they go to plat the subdivisions. At the time they record the Plat, they will need to post the Bond for the incomplete improvements, the roadways, the water, the sewer; so, that if at a moment in time the development would stop or for whatever reason foreclose, that the City could step in, put a claim on their Performance Bond to complete the improvements on the site." Mr. Fields added, "The Infrastructure, not the buildings." Further comments followed on another subdivision. Regarding the suggested Motion(s), Attorney Garganese said, "Unless the Commission wants to accept several, it could be one (1) Motion to approve the Agenda Item." "I MAKE A MOTION TO APPROVE AGENDA ITEM `500'." MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. CITY CLERK LORENZO- LUACES NOTED, "TO CLARIFY, THAT'S THE FINAL ENGINEERING PLAN, THE AESTHETIC REVIEW, AND THE DEVELOPMENT AGREEMENT ?" DEPUTY MAYOR KREBS STATED, "YES." COMMISSIONER CANNON NODDED IN AGREEMENT. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 22, 2015 PAGE 19 OF 21 VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE COMMISSIONER CANNON: AYE COMMISSIONER CARROLL: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Office of the City Clerk REQUEST: The City Clerk requests that the Mayor and/or Members of the City Commission make the following Appointment to the Code Enforcement Board, related to a Term of Office which expires in July 2015. FISCAL IMPACT: There is no noted Fiscal Impact to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations /Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. In May 2015, the Board Member referenced in this Agenda Item whose Term of Office is expiring was contacted. RECOMMENDATION: The Mayor or any Commissioner may make this At Large Appointment. Appointment which can be made by the Mayor or any Commissioner: • At Large Seat currently held by Laurie Calhoun - Code Enforcement Board (Does NOT wish to be ReAppointed) Any Appointment(s) not made at this Meeting, can be placed on the next Regular Meeting Agenda, if so desired. With brief comments, no action was taken at this time. Deputy Mayor Krebs said, "We will bring it back." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JUNE 22, 2615 PAGE 20 OF 21 PUBLIC INPUT Deputy Mayor Krebs opened "Public Input ". Ms. Wendy Kuzmick, 1131 Shadowbrook Trail, Winter Springs, Florida: mentioned she resided in Winding Hollow and commented about on- street parking. Discussion. Tape 2/Side A Further comments continued on on- street parking issues, and emergency vehicles being able to get through on the streets. Ms. Kuzmick mentioned some parking concerns involving neighborhood vehicles to which Chief Brunelle stated, "Call us and we'll come out and mitigate the situation." Further comments followed on parking options including Designated Parking Areas (DPA), Fines and how Fines for Citations are divvied up. Also discussed were anonymous complaints and contacting the Police Department. Continuing, Chief Brunelle suggested that residents could call their non - emergency telephone number at 407 -327- 1000. Chief Brunelle also noted that should anyone be planning to hold a party or event, to contact the Police Department beforehand and they will be glad to assist with parking options. Commissioner Cannon commented about issues on his street including boats. Chief Brunelle stated, "The boats should not be out there. Call us on those, we can mitigate that immediately." Next, remarks continued about people backing out of driveways. Commissioner Resnick spoke of changes in the community related to economic dynamics, residential and commercial development, and Commissioner Resnick suggested residents look at the City's Economic Plan so they can understand more of what the City is working towards and become more comfortable with "change concerns" and new development. Ms. Sharron Testerman, 1101 Shadowbrook Trail, Winter Springs, Florida: spoke of her concerns with the lack of finished landscaping, and how can the reclaimed water be kept on to help with watering at the office buildings at Winding Hollow. Chief Brunelle noted that he would have his Staff go out to the property and see if there were any Code Enforcement Violations. With additional comments, Chief Brunelle remarked, "You have my word that we will go out and - if there's a Violation, we will take care of it." Ms. Testerman further commented on reclaimed water, plants possibly dying, and complimented Mr. Fields, stating, "He is always so kind." Related to residents' concerns, Commissioner Hovey suggested they could call the Winter Springs Police Department. Commissioner Cannon mentioned that in the future, if an Application comes in for development and the Applicant decided not to build on a lot, could we check into options to have it sodded to stop erosion, weeds, etc. Manager Smith mentioned his concern with the City being considered business- friendly. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING —JUNE 22, 2015 PAGE 21 OF 21 With further comments on the offices at Winding Hollow, Commission Cannon thought crabgrass could be used to help with erosion as it is so hard to kill. Manager Smith said they could look into possible options. Discussion followed on property rights, legislative rights, soil erosion, and other possible alternatives to consider. Deputy Mayor Krebs closed "Public Input". In other City business, Deputy Mayor Krebs mentioned the July 4"' event and that packets for the City Commission will be available next Monday, June 29, 2015. Next, Deputy Mayor Krebs noted that there will be a City Commission Budget Workshop on July 13, 2015 at 6:00 p.m., and the next City Commission Regular Meeting will be held on July 27, 2015 at 6:00 p.m. Lastly, Deputy Mayor Krebs also spoke of Florida League of Cities' Legislative Policy Committees and respective meetings being held later this week. Commissioner Cannon thought he might also like to serve on one of the Florida League of Cities' Policy Committees and the City Clerk was asked to assist. ADJOURNMENT Deputy Mayor Krebs adjourned the Regular Meeting at 7:59 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO- LUACES, MMC CITY CLERK MAYOR CHARLES LACEY NOTE: These Minutes were Approved at the 12015 City Commission Regular Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JUNE 22, 2015 PAGE 21 OF 21 With further comments on the offices at Winding Hollow, Commission Cannon thought crabgrass could be used to help with erosion as it is so hard to kill. Manager Smith said they could look into possible options. Discussion followed on property rights, legislative rights, soil erosion, and other possible alternatives to consider. Deputy Mayor Krebs closed "Public Input ". In other City business, Deputy Mayor Krebs mentioned the July 4 "' event and that packets for the City Commission will be available next Monday, June 29, 2015. Next, Deputy Mayor Krebs noted that there will be a City Commission Budget Workshop on July 13, 2015 at 6:00 p.m., and the next City Commission Regular Meeting will be held on July 27, 2015 at 6:00 p.m. Lastly, Deputy Mayor Krebs also spoke of Florida League of Cities' Legislative Policy Committees and respective meetings being held later this week. Commissioner Cannon thought he might also like to serve on one of the Florida League of Cities' Policy Committees and the City Clerk was asked to assist. ADJOURNMENT Deputy Mayor Krebs adjourned the Regular Meeting at 7:59 p.m. RESPECTFULLY SUBMITTED: 1 AN E .ORENZO- LUACES, MMC CITY CLERK APPROVED: MA R A ' CEy NOTE: These Minutes were Approved at the July 27, 2015 City Commission Regular Meeting.