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HomeMy WebLinkAbout2017 08 14 Consent 306 Unapproved Minutes from the July 10, 2017 Regular MeetingCOMMISSION AGENDA ITEM 306 August 14, 2017 Informational Consent X Public Hearings Regular ALLL Regular Meeting City Manager Department REQUEST: The City Clerk is requesting the City Commission Review and Approve the Monday, July 10, 2017 City Commission Regular Meeting Minutes. SYNOPSIS: One of the responsibilities of the City Clerk is to provide the Mayor and City Commission with a submittal of all Meeting Minutes, as soon after a City Commission meeting as possible; so, that it is a reminder to the Mayor and City Commission, as to what transpired at their most recent meeting, and also provides a record of the actions and directives of the City Commission, for the future, and which becomes the official record. If the City Commission is in agreement with what the City Clerk provides in these Minutes, then the City Commission would be asked to Approve the Minutes, as submitted. Should the Mayor and /or City Commission feel something is not appropriately documented in these Minutes, then a Motion would be appropriate to have the Minutes changed to reflect what the majority of the City Commission would prefer. CONSIDERATIONS: This Agenda Item includes the Unapproved Minutes from the Monday, July 10, 2017 City Commission Regular Meeting. Even though these Minutes are being submitted by the City Clerk, (with proofing by Office of the City Clerk Staff), no other party has required that changes be made to the Minutes before being submitted. These Minutes are being submitted by the City Clerk for Approval by the City Commission. Consent 306 PAGE 1 OF 2 - August 14, 2017 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 six (6) 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 review and consider offering their Approval of the Monday, July 10, 2017 City Commission Regular Meeting Minutes. ATTACHMENTS: A - Unapproved copy of the Monday, July 10, 2017 City Commission Regular Meeting Minutes (41 pages) Consent 306 PAGE 2 OF 2 - August 14, 2017 Attachment "A" CITY OF WINTER SPRINGS, FLORIDA O� S � Z �= * 0 Incorporated 0 • 1959 • coo We 'V CITY COMMISSION MINUTES REGULAR MEETING MONDAY, JULY 10, 2017 - 5:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Pam Carroll - Seat Three Commissioner Jean Hovey - Seat One Commissioner Kevin Cannon - Seat Two Commissioner Cade Resnick - Seat Four Commissioner Geoff Kendrick - Seat Five CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 10, 2017 PAGE 2 OF 41 CALL TO ORDER The Regular Meeting of Monday, July 10, 2017 of the City Commission was called to Order by Mayor Charles Lacey at 5:16 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 Pam Carroll, present Commissioner Jean Hovey, present Commissioner Kevin Cannon, present Commissioner Cade Resnick. present Commissioner Geoff Kendrick, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present City Clerk Andrea Lorenzo - Luaces, present A moment of silence was held, followed by the Pledge of Allegiance. Regarding the Agenda and whether there were any possible Agenda Changes, Commissioner Jean Hovey asked that Consent Agenda Items "305 ", 44306 ", "307 ", and "308" be pulled for separate consideration until after Regular Agenda Item "500 ". Commissioner Geoff Kendrick requested that Consent Agenda Item "302" be pulled for discussion; and Commissioner Kevin Cannon mentioned he had the same request. Mayor Lacey noted that "302" would be heard after the Consent Agenda. Referencing the proposed Agenda Changes just addressed, Mayor Lacey then inquired, "Is there unanimous consent from the Commission to these Agenda Changes ?" All Commissioners nodded in favor. Mayor Lacey then said, "Hearing no objection, that request is approved." AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Office of the City Manager REQUEST: The City Manager wishes to present Resolution Number 2017 -02 recognizing Ms. Paula Nunnery for her 24 years of valuable and dedicated service as an employee of the City of Winter Springs and express sincere appreciation on behalf of the Mayor and City Commission, City Staff, and citizens of the City of Winter Springs. Mayor Lacey presented Resolution 2017 -02 to Ms. Paula Nunnery, Parks and Recreation Department in honor of her contributions and dedicated service to the City of Winter Springs. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2017 PAGE 3 OF 41 INFORMATIONAL AGENDA INFORMATIONAL 200. Community Development Department REQUEST: The Community Development Department is advising the City Commission of the status of current development projects within the City. 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 six (6) 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 receive and review the information provided. There was no discussion on this Agenda Item. PUBLIC INPUT Mayor Lacey opened "Public Input ". Mr. David Leavitt, 1000 Ridgepoint Cove, Longwood, Florida: spoke on medical marijuana dispensaries, referenced election results related to medical marijuana, hoped the City Commission would Vote in favor of this matter similar to how the citizens Voted, pharmacies as opposed to medical marijuana dispensaries, and mentioned that there are no over the counter transactions with medical marijuana dispensaries. .�j —1-4 mil 15 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2017 PAGE 4 OF 41 Mr. Charlie Mahony, 1005 Dyson Drive, Winter Springs, Florida: commented on his concern with speeding on Dyson Drive, that he and his family bike a lot, speed calming issues, and that he had started a post on "Nextdoor[, Inc.]" regarding issues related to speeding, etc. in Winter Springs. Mayor Lacey suggested Mr. Mahony might want to speak with Chief of Police Kevin Brunelle. �w.,.� P In closing, Mr. Mahony added that he hoped that the City would consider trying to control speeding drivers or regulating traffic. Ms. Angela Kunz, 670 Venture Court, Winter Springs, Florida: asked the City Commission to not ban medical marijuana dispensaries and mentioned that her father, a combat Veteran, takes many pain medications to ease PTSD (Posttraumatic Stress Disorder), and that medical marijuana could greatly help him and also others in similar situations. Ms. Heather Malone, 1107 Marcus Court, Winter Springs, Florida: said she takes numerous pain medications for a disease she has, was a parent, and said that medical marijuana has various strains that could help with her ailment and help her so she could be a better parent. Ms. Malone added that she could not really travel far to get medical marijuana, should she have to go out of the City. Mayor Lacey closed "Public Input". CONSENT AGENDA CONSENT 300. Information Services Department REQUEST: The Information Services Department requests authorization to dispose of surplus assets according to the attached disposition sheets. FISCAL IMPACT: There is no cost to dispose of these surplus assets. The City receives revenue generated from items sold at auction. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, 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 six (6) 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 - JULY 10, 2017 PAGE 5 OF 41 RECOMMENDATION: Staff recommends that the City Commission approve the disposition of the attached list of surplus assets. This Agenda Item was not discussed. CONSENT 301. Utility Department REQUEST: The Utility Department requesting approval to hire US Submergent Technologies to remove sand . and grit from the East and West Water Reclamation Facilities in the amount of $150,600 plus a 20% contingency and approval to apply for a grant from the State to fund up to 50% of the cost FISCAL IMPACT: The project cost is $150,600 plus a 20% contingency funded by a supplemental appropriation from fund balance of Utility Enterprise Fund to the Wastewater Plant Repair and Maintenance line code. Grant approval could reduce the net impact by 50 %. 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 six (6) 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 US Submergent Technologies for sand and grit removal from the East and West Water Reclamation Facilities in the amount of $150,600 plus a 20% contingency funded by a supplemental appropriation from fund balance of Utility Enterprise Fund to the Wastewater Plant Repair and Maintenance line code, approve applying for a grant from the State to fund up to 50% of the cost, and 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 - JULY 10, 2017 PAGE 6 OF 41 CONSENT 302. Community Development Department REQUEST: The Community Development Department requests the City Commission approve a request by Hawthorn Development to extend the approved Special Exceptions for the proposed Winter Springs Retirement Residence for six months. FISCAL IMPACT: The construction of an Adult Congregate Care Facility will add commercial taxable value to the City. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media /Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) 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 a request by Hawthorn Development to extend the approved Special Exceptions for the proposed Winter Springs Retirement Residence by six months. As noted under Agenda Changes, this Agenda Item was pulled for individual consideration and will be addressed after the Vote on the Consent Agenda. CONSENT 303. Parks and Recreation Department REQUEST: The Parks and Recreation Department requests Commission approval to enter into a contractual agreement with RFL, Restroom Facilities Ltd. for the purchase of the Sam Smith Park restrooms in the amount of $119,224, plus a 10% contingency, piggybacking off of BuyBoard Contract 512 -16; and approval for other ancillary services to include plumbing, concrete, sewer, electric and finish landscaping work in the amount of $25,000. FISCAL IMPACT: Project cost is $119,224 plus a 10% contingency, which will be funded from the General Fund. Additionally, general construction costs to prepare site will be $25,000, also out of General Fund. E� CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2017 PAGE 7 OF 41 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 six (6) 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 R with any interested individuals. RECOMMENDATION: Staff recommends Commission approval to enter into a contractual agreement with RFL, Restroom Facilities Ltd. for the purchase of the Sam Smith Park restrooms in the amount of $119,224, plus a 10% contingency, piggybacking off of Buy Board Contract 512 -16, and approval for other ancillary services to include plumbing, concrete, sewer, electric and finish landscaping work in the amount of $25,000, and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. No discussion. CONSENT 304. Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting to extend the Central Winds Park roadway improvements ITB #02 -26 -BF and enter into an agreement with Cathcart Construction Company - Florida, LLC for construction of phase II park improvements at Central Winds Park. This includes an entrance improvement and matching columns, fencing & gates for safe and efficient access of vehicles and pedestrians through Central Winds Park. This would be using the same contractor and matching products used for the road project through FY16 -17. FISCAL IMPACT: The construction costs are $43,739.60, funded by General Fund. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2017 PAGE 8 OF 41 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 six (6) 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 staff to enter into an agreement with Cathcart Construction Company - Florida, LLC for construction of phase II park improvements at Central Winds Park for $43,739.60 and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. This Agenda Item was not discussed. CONSENT 305. Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting the City Commission authorize the City Manager to execute the attached Recreation Program Agreement, as prepared by the City Attorney, between the City of Winter Springs and the Winter Springs Youth Sports Organization. The term of Agreement commences on August 1, 2017, and ends on July 31, 2019. FISCAL IMPACT: This agreement will provide to the City of Winter Springs $13,280 annually in FY 18 and 19. 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 six (6) 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 - JULY 10, 2017 PAGE 9 OF 41 RECOMMENDATION: Staff is recommending the City Commission authorize the City Manager to execute the attached Recreation Program Agreement, as prepared by the City Attorney, between the City of Winter Springs and the Winter Springs Youth Sports Organization. The term of Agreement commences on August 1, 2017, and ends on July 31, 2019. As noted during Agenda Changes, this Agenda Item was pulled for separate consideration and will be addressed after Regular Agenda Item "500 ". CONSENT 306. Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting the City Commission authorize the City Manager to execute the attached Recreation Program Agreement, as prepared by the City Attorney, between the City of Winter Springs and the Winter Springs Grizzlies. The term of Agreement commences on August 1, 2017, and ends on July 31, 2019. FISCAL IMPACT: This agreement will provide the City of Winter Springs $8,400 annually in FY 18 and 19. 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 six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff is recommending the City Commission authorize the City Manager to execute the attached Recreation Program Agreement, as prepared by the City Attorney, between the City of Winter Springs and the Winter Springs Grizzlies. The term of Agreement commences on August 1, 2017, and ends on July 31, 2019. This Agenda Item was pulled for separate consideration and will be addressed after Regular Agenda Item "500" as agreed to during Agenda Changes. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2017 PAGE 10 OF 41 CONSENT 307. Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting the City Commission authorize the City Manager to execute the attached Recreation Program Agreement, as prepared by the City Attorney, between the City of Winter Springs and the Sunshine Youth Basketball League, Inc. The term of Agreement commences on August 1, 2017, and ends on July 31, 2019. FISCAL IMPACT: This agreement will provide to the City of Winter Springs $16,170 annually in FY 18 and 19. 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 six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff is recommending the City Commission authorize the City Manager to execute the attached Recreation Program Agreement, as prepared by the City Attorney, between the City of Winter Springs and the Sunshine Youth Basketball League, Inc. The term of Agreement commences on August 1, 2017, and ends on July 31, 2019. During Agenda Changes, this Agenda Item was pulled for separate consideration and will be addressed after Regular Agenda Item "500 ". CONSENT 308. Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting the City Commission authorize the City Manager to execute the attached Recreation Program Agreement, as prepared by the City Attorney, between the City of Winter Springs and the Florida Kraze Krush Soccer Club. The term of Agreement commences on August 1, 2017, and ends on July 31, 2026. FISCAL IMPACT: This agreement will provide to the City of Winter Springs $55,000 in FY 18 & 19. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2017 PAGE 11 OF 41 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 six (6) different locations around the City. Furthermore, this information is also available to any tnzj individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff is recommending the City Commission authorize the City Manager to execute the attached Recreation Program Agreement, as prepared by the City Attorney, between the City of Winter Springs and the Florida Kraze Krush Soccer Club. The term of Agreement commences on August 1, 2017, and ends on July 31, 2026. Again, as mentioned during Agenda Changes, this Agenda Item was pulled for separate consideration and will be addressed after Regular Agenda Item "500 ". CONSENT 309. Information Services Department REQUEST: Information Services Department requests authorization to purchase Microsoft Windows Server DataCenter 2016 from Software House International (SHI) in the amount of $29,321.66 from State of Florida contract #43230000 -15 -02 and to authorize the City Manager and City Attorney to prepare and execute any and all necessary documents. FISCAL IMPACT: The Microsoft Windows DataCenter 2016 purchase will not require a supplemental appropriation from General Fund. Funding will come from existing capacity in the FY 2017 General Fund expenditure budget. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2017 PAGE 12 OF 41 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 V 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 six (6) 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 Commission approve the purchase of Microsoft Windows Server DataCenter 2016 from SHI in the amount of $29,321.66 from Florida State Contract # #43230000 -15 -02 and to authorize the City Manager and City Attorney to prepare and execute any and all necessary documents. No discussion. CONSENT 310. Office of the City Clerk REQUEST: The City Clerk is requesting the City Commission Review and Approve the Monday, June 12, 2017 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 six (6) 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 - JULY 10, 2017 PAGE 13 OF 41 RECOMMENDATION: Staff recommends the City Commission review and consider offering their Approval of the Monday, June 12, 2017 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. Mayor Lacey stated, "Looking for a Motion to approve the Consent Agenda without items `302', and `305' through `308'." "MOTION TO APPROVE." MAYOR LACEY COMMENTED, MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE DEPUTY MAYOR CARROLL: AYE COMMISSIONER KENDRICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER CANNON: AYE MOTION CARRIED. ❖ ❖ AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. ❖ ❖ CONSENT AGENDA CONSENT 302. Community Development Department REQUEST: The Community Development Department requests the City Commission approve a request by Hawthorn Development to extend the approved Special Exceptions for the proposed Winter Springs Retirement Residence for six months. FISCAL IMPACT: The construction of an Adult Congregate Care Facility will add commercial taxable value to the City. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2017 PAGE 14 OF 41 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 six (6) 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 a request by Hawthorn Development to extend the approved Special Exceptions for the proposed Winter Springs Retirement Residence by six months. Mr. Brian Fields, P.E., Director, Community Development Department began the discussion on this Agenda Item and commented on Special Exceptions, the expected timeline, and potential challenges. Commissioner Cannon suggested that the Applicant understand there would be no further extensions as this project would benefit residents. Remarks followed on the process, deadlines, a similar project in Portland, Oregon, what would happen if the extension was denied, City Code requirements related to a Special Exception, permitting timelines, and that the City was always trying to be business friendly. Further discussion. "I MAKE A MOTION TO APPROVE." MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER CANNON. DISCUSSION. VOTE: COMMISSIONER CANNON: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR CARROLL: AYE COMMISSIONER KENDRICK: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2017 PAGE 15 OF 41 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Office of the City Clerk REQUEST: The City Clerk and the City Attorney are requesting to advise the City Commission about a %W—W-01 minor inconsistency between the City's Code of Ordinances, (Section 2 -83.) and the City's : Charter, specifically Section 4.03., and presenting Ordinance 2017 -12 for Second and Final Reading which if approved, will provide a simple and easy remedy to the conflicting sections. FISCAL IMPACT: The only immediate Fiscal Impact related to this proposed Ordinance and Agenda Item would be legal advertising costs required to advertise this Ordinance, and that cost is expected to amount to no more than approximately $300.00. 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 six (6) 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. Ordinance 2017 -12 went before the Mayor and City Commission for First Reading at the June 12, 2017 City Commission Regular Meeting. Ordinance 2017 -12 was advertised on June 29, 2017 in the Orlando Sentinel. RECOMMENDATION: Staff recommends that the City Commission approve Ordinance 2017 -12 on Second and Final Reading. City Attorney Anthony A. Garganese read Ordinance 2017 -12 by "Title" only and added, "There have been no changes since First Reading." Mayor Lacey opened "Public Input" on this Agenda Item. No one spoke. Mayor Lacey closed "Public Input" on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2017 PAGE 16 OF 41 REGARDING THE APPROVAL OF THE SECOND READING OF ORDINANCE 2017 -12, "MOTION TO APPROVE." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER CANNON. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER CANNON: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KENDRICK: AYE DEPUTY MAYOR CARROLL: AYE MOTION CARRIED. PUBLIC HEARINGS 401. Community Development Department REQUEST: The Community Development Department requesting the City Commission consider First Reading of Ordinance 2017 -08 regulating the use of fertilizers in the City. FISCAL IMPACT: Ordinance 2017 -08 has no direct fiscal impact on the City. Homeowners and commercial fertilizer applicators may find the proposed fertilizer regulations to increase the cost of lawn maintenance. 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 six (6) 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 First Reading of Ordinance 2017 -08. RELATED TO THE FIRST READING OF ORDINANCE 2017 -08, "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR CARROLL. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2017 PAGE 17 OF 41 Attorney Garganese read Ordinance 2017 -08 by "Title" only. Mr. Fields addressed the proposed Ordinance and gave an overview of this matter. Discussion ensued on Seminole County's practices, waterbodies, what other cities are doing, State standards, co- permittee status, and testing. Commissioner Kendrick spoke of best management practices, that Orange County has exempted professionals from their respective Ordinance, rules, and enforcement actions. Mayor Lacey mentioned State and County standards and spoke about several concerns he had with Seminole County's Ordinance. Furthermore, Mayor Lacey suggested that "This Ordinance be approved on First Reading with direction to Staff and the Attorney to bring it in conformance with just the State requirements." Commissioner Cannon said to Attorney Garganese, "If we are a co- permittee with the County and all the other cities, and if our Ordinance deviates from the County Ordinance, does that put us in a problem legally? I share some of the concerns that have been raised by Commissioner Kendrick and by the Mayor. At the same time, what concerns me is that Mr. Fields said that we are all co- permittees under one (1) Permit and I do not want an action that we take to jeopardize and bring the State down on Seminole County and us with excessive scrutinization." Attorney Garganese responded, "I'd have to look at that issue, Commissioner. The important thing is that as a co- permittee, the City is going to be required to abide by all of the terms and conditions of the permit. Without talking to Brian (Fields), and looking at the conditions, I don't believe but we'd have to look, whether just adopting the model puts us in some sort of violation of the Permit terms and conditions." Mr. Fields stated, "I don't believe it does. It does not put us in any unfavorable legal position, at least that I have heard of..." Attorney Garganese added, "...And then second, we'd have to go back and look and see whether we have any other agreements or obligations with the County that lock arms in these sorts of things. I don't recall one off the top of my head; that's something that we would have to look at. And then lastly, as Brian (Fields) indicated, there could be some practical negotiating concerns going forward if we had something that was not as restrictive as the County and the other co- permittees - what kind of position that puts the City of Winter Springs in from negotiating and in a relationship standpoint with the other parties, with the other agencies. It's something that is kind of hard to determine but it could impact our relationship, at least in this particular area." Discussion followed on golf courses and parks being exempt from this Ordinance as long as they met particular conditions, that the City could further review this Ordinance and have the City Attorney check possible contract issues, environmental concerns, retail sales and possible regulations, potential issues with stormwater ponds, concerns with more regulations, and water quality data. Mayor Lacey opened "Public Input" on this Agenda Item. No one addressed the Mayor and City Commission. Mayor Lacey closed "Public Input" on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2017 PAGE 18 OF 41 "I WILL MAKE A MOTION TO APPROVE, PENDING THE STATE APPROVAL, AS DISCUSSED EARLIER BY YOU MAYOR, IF IT IS THE WILL OF THE COMMISSION." MOTION BY COMMISSIONER RESNICK. MAYOR LACEY CLARIFIED, "THE APPROVAL OF THE FIRST READING OF THE ORDINANCE WITH IT TO COME BACK ON SECOND READING IN CONFORMANCE WITH THE STATE REQUIREMENTS." COMMISSIONER RESNICK SAID, "CORRECT." SECONDED BY COMMISSIONER CANNON. DISCUSSION. MAYOR LACEY NOTED THE MOTION WAS "TO APPROVE ORDINANCE 2017 -08 ON FIRST READING AND DIRECT STAFF TO COME BACK WITH AN ORDINANCE THAT IS m '° a IN CONFORMANCE WITH JUST THE STATE." VOTE: COMMISSIONER CANNON: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR CARROLL: AYE COMMISSIONER RESNICK: AYE COMMISSIONER KENDRICK: AYE MOTION CARRIED. PUBLIC HEARINGS 402. Community Development Department REQUEST: The Community Development Department requests the City Commission hold a Public Hearing to consider the First Reading of Ordinance 2017 -11, updating the list of permitted uses in the C -2 zoning district to include storage of untagged vehicles associated with an automotive sales dealership. FISCAL IMPACT: Ordinance 2017 -11 has no direct fiscal impact but does provide an additional permitted use for properties in the C -2 zoning district meeting the conditions described in the Ordinance. 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 six (6) 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 - JULY 10, 2017 PAGE 19 OF 41 The display advertisement containing the proposed ordinance title and public hearing dates was advertised in the Orlando Sentinel on June 8, 2017 (Exhibit B attached). RECOMMENDATION: Staff recommends the City Commission approve the First Reading of Ordinance No. 2017 -11. ON THE FIRST READING OF ORDINANCE 2017 -11, "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR CARROLL. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2017 -11 by "Title" only. This Agenda Item began with an overview by Mr. Fields, followed by comments on the proposed Ordinance, related conditions, and that fencing and a landscape buffer would be installed. Mayor Lacey opened "Public Input" on this Agenda Item. No one spoke. Mayor Lacey closed "Public Input" on this Agenda Item. REGARDING THE FIRST READING OF ORDINANCE 2017 -11, "MOTION TO APPROVE." MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER CANNON. DISCUSSION. VOTE: COMMISSIONER KENDRICK: AYE COMMISSIONER CANNON: AYE COMMISSIONER RESNICK: AYE DEPUTY MAYOR CARROLL: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. PUBLIC HEARINGS 403. Community Development Department REQUEST: The Community Development Department requests the City Commission hold a Public Hearing for consideration of the Aesthetic Review documents for the proposed exterior renovations to the McDonald's restaurant located at the northeast corner of the SR 434 / Tuskawilla Road intersection. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2017 PAGE 20 OF 41 FISCAL IMPACT: Approval of the Aesthetic Review has no direct fiscal impact on the City; however, the improvements have the potential to increase the taxable value of the property. 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 six (6) 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 McDonald's Aesthetic Review documents. Mayor Lacey spoke briefly for the Record about this Agenda Item. Mr. Fields introduced this Agenda Item for discussion, and commented on the proposed building appearance, planned reconstruction, signage, and aesthetic enhancements. Mayor Lacey opened "Public Input" on this Agenda Item. No one addressed the Mayor and City Commission. Mayor Lacey closed "Public Input" on this Agenda Item. "I WILL MAKE A MOTION TO APPROVE THE AESTHETIC REVIEW." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. VOTE: DEPUTY MAYOR CARROLL: AYE COMMISSIONER KENDRICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER CANNON: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2017 PAGE 21 OF 41 REGULAR AGENDA REGULAR 500. Office of the City Manager REQUEST: The City Manager requests that the City Commission receive a Fiscal Year 2018 Budget Presentation, and consider approval of Resolution 2017 -03 computing the Proposed Operating Millage Rate for Fiscal Year 2017 -2018 at 2.4300 mills and voted debt service millage rate at 0.0600 mills, establishing the rolled -back rate, and setting the date, time and place of a public hearing to consider the proposed millage rate and tentative budget for Fiscal Year 2017 -2018. FISCAL IMPACT: The Fiscal Year 2018 Budget as proposed, totals $44,098,065 (excluding appropriations to fund balance) and represents a $1,103,538 or 2.4% decrease from the prior fiscal year's budget of $45,201,603. Total proposed General Fund spending of $17,569,163 represents a $228,108 increase over the prior fiscal year. The proposed operating millage rate of 2.43 mills remains unchanged from the prior fiscal year and the proposed voted debt service millage rate of 0.06 mills is 0.01 mills lower than the prior fiscal year. The millage rate(s), which has been programmed into the FY 2018 Proposed Budget, is sufficient to fund the proposed budget as transmitted by the City Manager on July 1, 2017 barring any unforeseen endogenous or exogenous economic impacts. 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 six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. The budget calendar has been on the City's website since its approval in March and the FY 2018 Proposed Budget has been published on the City's website. Notice of the 2018 budget workshop was advertised in the July newsletter. The Property Appraiser will mail each property owner a TRIM notice prior to the first Public Hearing (Sept 11th) and the final Public Hearing will be advertised in the Orlando Sentinel in compliance with and according to Florida statutes. a CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2017 PAGE 22 OF 41 RECOMMENDATION: Staff recommends that the Commission take the following actions: • Receive and consider the information presented in the FY 2018 Proposed Budget. • Adopt Resolution 2017 -03 setting the proposed operating millage rate at 2.4300 mills, establishing the rolled -back rate at 2.2893 mills, and setting the proposed voted debt service millage rate at 0.0600 mills for a total proposed millage rate of 2.4900 mills; and establishing the date, time and place for a public hearing regarding the proposed millage rate and the tentative budget as September 11, 2017 at 5:15 P.M. at 1126 East State Road 434, Winter Springs, Florida (Commission Chambers). City Manager Kevin L. Smith began the discussion on this Agenda and thanked the City Commission, Department Directors, and Staff. Manager Smith pointed out, "We're looking at a nine point eight percent (9.8 %) increase in our ad valorem taxable values. It's one of the higher increases that we've seen in a while, yet it still puts us just shy of the total taxable value that we experienced back at the peak of 2008. But we are very close to getting back to that level." Furthermore, Manager Smith noted that related to pending legislation, "Likely, we will be facing a five hundred thousand dollar ($500,000.00) ad valorem reduction in Fiscal Year 2020. I think it is important that we plan ahead for that, but all things considered, I still sit in front of you tonight recommending an operating Millage rate of 2.4300 Mills which is unchanged from the prior Fiscal Year and a Voted Debt Millage Rate of 0.0600 Mills which is one hundredth of a Mill lower than the prior Fiscal Year for a total Millage Rate of 2.4900 Mills." Next, Manager Smith addressed water rates. Regarding water quality improvements to Water Treatment Plant #1, Manager Smith pointed out, "A two dollar and fifty cents ($2.50) addition to our base facility charge to the base rate in order to service that debt. That would come back to this body sometime during FY (Fiscal Year) [20]'18 through proper channels for approval, and be effective at that point in time." Solid waste was mentioned next, and Manager Smith acknowledged the efforts of the Finance and Administrative Services Department, Mr. Kip Lockcuff, P.E., Director, Public Works /Utility Departments and his staff, and noted that the rate would need to be indexed, which would also come before the City Commission during Fiscal Year 2018, "For an effective date, as soon as you all consider that." Related to Assessment Rates, Manager Smith pointed out, "The TLBD (Tuscawilla Lighting and Beautification District) - Maintenance Rate currently as you know, sits at one hundred and twenty dollars ($120.00) annually and the capital components of which there are a Phase I and a Phase II total forty -seven dollars ($47.00) at the moment. That capital rate was lowered recently due to refinancing of the debt and we passed those savings onto the residents which I believe was the right thing to do - that refinancing also results in the Phase 11 portion of that debt falling off in Fiscal Year [20]'17 and therefore not being charged in Fiscal Year [20]'l 8. In other words, we will continue with the one hundred and twenty dollars ($120.00) Maintenance charge but the forty -seven dollars ($47.00) Debt charge will be reduced to thirty -six dollars ($36.00); so, an eleven dollar ($11.00) reduction passed on to the residents of Tuscawilla and the Assessment users of the TLBD (Tuscawilla Lighting and Beautification District)." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2017 PAGE 23 OF 41 Mayor Lacey noted, "The residents will see that on their tax bill due that is due this coming November." Manager Smith confirmed this. Continuing, Manager Smith explained, "The one hundred and twenty dollars ($120.00) rate has been historically sufficient to fund the maintenance portion, however, as we discussed earlier, costs tend to go up. We essentially outsource the plantings and the maintenance, and of course we pay street lighting to Duke Energy. Unfortunately, those costs continue to increase, so at a point in time there may have to be a discussion - about that one hundred and twenty dollars ($120.00) rate. For a variety of reasons, we are not there today, but I just let you know that depending on circumstances in the future, we may have to have that discussion." Related to the Oak Forest Wall and Beautification District, Manager Smith noted, "There is currently a sixty dollar ($60.00) Maintenance Rate for that Assessment District, and a sixty -four dollar ($64.00) Debt component for that Assessment District. Again, due to refinancing of that debt which lowered that Debt Rate previously, that debt goes away in its entirety this Fiscal Year. So, as a Commission - if you approve this, you will be lowering that rate to the Oak Forest users by sixty -four dollars ($64.00) next year." Related to Stormwater Rates, Manager Smith spoke of the issues with Seminole County Public Schools not paying Stormwater Fees. Mayor Lacey asked what the deficit was to which Manager Smith stated, "Sixty -nine thousand dollars ($69,000.00)" — per year. Regarding a cumulative figure, Mr. Shawn Boyle, Director, Finance and Administrative Services Department indicated that the number was at least four hundred thousand dollars ($400,000.00). Addressing Impact Fees and Developers, Manager Smith stated that Staff plans to come before the City Commission around August "To ask you all to look at the results of our - consulting study on all Impact Fees, defined as Police Impact Fees, Fire Impact Fees, and Parks and Recreation Impact Fees." Comments continued. Next, Manager Smith spoke of personnel costs, status of the Pension, and noted that health care numbers for this Budget had not yet been provided by the Florida League of Cities. Manager Smith thanked Mr. Boyle for his assistance with these matters. Community Development Department services, contributions that Mr. Fields has made, and building service levels were addressed next. Further remarks. Manager Smith commented on Economic Development and a forty thousand dollars ($40,000.00) number that is currently in the Budget for Consulting Services. Discussion ensued on what the City's Comprehensive Plan required including Town Center studies. Mayor Lacey referenced previous Economic Development efforts by the City including joint efforts with the City of Oviedo, a previous staff position, that he thought the City Commission had previously asked for those dollars to be removed, his preference for the dollars to be removed, as well as changing the Comprehensive Plan instead of responding to what the Comprehensive Plan states. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2017 PAGE 24 OF 41 Commissioner Cannon mentioned that he thought that a 1998 Town Center Economic Development study should be updated, thought a policy statement on an Economic Development plan for the City would be beneficial, suggested that a Workshop on Economic Development be held, and thought the Comprehensive Plan could be revised, although he agreed that it would be a complicated task. Comments continued. Deputy Mayor Pam Carroll supported keeping the forty thousand dollars ($40,000.00) in the Budget and spoke of the University of Central Florida Incubator, that she had helped locate possible sites for new businesses in Winter Springs, that the City's Economic Development brochure may need to be updated, and could be sent to Developers, Seminole County, and local Chambers of Commerce. Deputy Mayor Carroll also noted that in 2015, she attended an Economic Development Seminar and spoke of some of the differences between Seminole County cities. Commissioner Cade Resnick mentioned that development projects involve a lot of work and referenced efforts he and others have made in terms of partnering in Economic Development ventures, and said that new projects will come to Winter Springs in due time. Commissioner Hovey noted her agreement with what Commissioner Resnick and Deputy Mayor Carroll said and commented on Winter Springs being different than other area cities, that she liked her bedroom community, and did not think it was prudent to spend money on a study at this time. Commissioner Hovey added that she would support leaving the forty thousand dollars ($40,000.00) in the budget. With further remarks, Commissioner Cannon suggested that an Economic Development Workshop could possibly be held for no cost through our contacts with the University of Central Florida Incubator. Commissioner Cannon thought that such an effort could especially benefit Commissioner Kendrick and himself who have not yet participated in an Economic Development Workshop. Furthermore, Commissioner Cannon also noted, as an option, that an updated Economic Development study could be provided which everyone could review and would be helpful to all. Next, Deputy Mayor Carroll explained how the City could not tell businesses where to open or who to lease to. Commissioner Kendrick thought a Workshop should be considered and was in agreement that the Economic Development funds be kept in the Budget for now. Further comments. Mayor Lacey stated, "The City Manager raised the issue of the funding for Economic Development. As I read the Commission, you are satisfied with leaving the Budget as presented. If that is not the will of the Commission, now would be the time to make the change." No comments were voiced. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2017 PAGE 25 OF 41 Manager Smith then addressed Parks and Recreation efforts in Winter Springs and playground equipment that needed to be replaced. Continuing, Manager Smith explained, "One of the things that we talked about is a field house, a multi- purpose facility in Torcaso Park. We continue to work with the Staff and - Consultants continue to work on making that a reality. In light of our funding challenges, and I anticipate bringing something back to you all within the next few meetings to discuss that topic, there is money allocated in this Budget, keeping in mind it is a non - General Fund allocation so would simply go back to Fund Balance if it doesn't come to fruition; but we are hopeful that that's going to come to reality." With additional comments, Manager Smith added, "I trust everybody is on board with that but I would pause to see if there are any dis$enting comments on that." No one noted any objections. In terms of the sports teams' Agreements, Commissioner Hovey asked, "The monies that we charge them, where does that money go in our Budget ?" Manager Smith responded, "One hundred percent (100 %) goes back into the programs, into the Parks. And it doesn't cover the entire costs at all of running the programs." Mr. Chris Caldwell, Director, Parks and Recreation Department added, "That's correct." Commissioner Hovey added, "Two (2) years ago, we agreed to no more than a five percent (5 %) increase which I see is in these Agreements. The five percent (5 %), what does it cover? Does it cover an increase in costs ?" Comments followed on the Parks and Recreation Department budget, personnel costs, insurance, equipment costs, outsourcing opportunities, sports partnerships, facility upgrades, new scoreboards, fencing, the Concession Stand Contract, and improvements and planned upgrades to Trotwood Park. Commissioner Resnick commented on Trotwood Park and inquired as to what the major upgrades at Sam Smith Park were. Mr. Caldwell explained, "We're just working on the playground install right now, and so it's in progress and we anticipate it to be completed by the middle to end of August. Done. And then we move over to the restroom facility at the Park and we're working right now on some infrastructure issues, water, sewer, electric, and location and we wanted to keep it open a little bit still for the residents there." Next discussed were improvements to Torcaso Park per the Master Plan, the proposed field house, and the need for more pavilions. Commissioner Resnick said, "My kudos to both Chris (Caldwell) for your work, and then Kevin (Smith) and team, as we are doing this without going to the Voters to raise taxes." Torcaso Park and the proposed field house time line were addressed by Commissioner Cannon. Manager Smith said this topic should most likely be on the next Agenda. Commissioner Cannon then asked, "Are we being fair to these kids and their families ?" Mr. Caldwell stated, "We are. We met with all the partners and we discussed the increase and it was a very modest five percent (5 %) increase." Furthermore, Commissioner Cannon spoke of great feedback he received regarding the 4th of July event and improvements to Central Winds Park and Trotwood Park. Commissioner Cannon added, "You guys are doing a wonderful job and it is important for everyone out there in the audience to know that we are not borrowing money to do this. We are doing this by good fiscal management. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2017 PAGE 26 OF 41 Your City Manager and Staff are doing this by watching the dollars and being smart about things, plus our revenues are up some because property values are up; and so I applaud those efforts and please keep it going, because one of the things that really I believe sets our City apart from others is the incredible Parks that we have. It really makes a difference." Mr. Caldwell stated, "Thank you Commissioner, and we couldn't do it without our good friends at Public Works, they make a lot of that happen, Kip (Lockcuff) and Brian. They do a great job." Mayor Lacey added, "And the teamwork was evident at the 4th of July." Commissioner Cannon said, "Absolutely." Deputy Mayor Carroll then referenced Sam Smith Park, restrooms, and applauded Mr. Caldwell for the "staging" of the effort that he did. Wetness and grading at Sam Smith Park was briefly addressed next to which Mr. Caldwell confirmed that the grading had recently been upgraded. Next, Manager Smith mentioned upgrades to the Commission Chambers, including changes to the fixed seating and ADA (Americans with Disabilities Act) requirements and added, "We anticipate coming to you all in the next few months with a plan for your consideration on that that I think will make this asset more functional." Manager Smith then offered his thanks to the City Commission, Mr. Boyle, Ms. Kelly Balagia, Budget Analyst, Finance and Administrative Services Department, Department Directors, and City Staff. Commissioner Cannon suggested that the restroom in the west wing of City Hall be made ADA compliant to include grab rails. Commissioner Resnick mentioned looking into the City Attorney's Contract, fair costs for Attorney services and suggested, "I would like us to consider an RFP (Request for Proposal) or the cost of an RFP for the Attorney, to see the value of — what we are paying." Commissioner Resnick added, "I do not have a time frame for us to bring that back, just that I would like us to do it even if we do it over the next six (6) months - would be my request." Discussion followed on fairness to Attorney Garganese and his firm, that contracts for services should be reevaluated every few years, what process should be taken, and how the Commission would Vote. Attorney Garganese said the Commission could survey what other cities were paying for such services, and that his rates were a flat rate so as to assist the City's Budget concerns since about 2010. Mayor Lacey remarked, "If the Commission wants to survey the market in some form if we decide - is that a three -two (3 -2) Vote..." Attorney Garganese said, "...To go and find out what other cities are paying? The Manager certainly can do that at the direction of the Commission..." Commissioner Cannon added, "...And just put it on an Agenda right..." Attorney Garganese continued, "...So you can get a feel for what other cities are paying." Commissioner Resnick explained, "To me it was not just what the other cities are paying but also what the Attorneys are charging. We know what you are charging - if other law firms are coming in and saying `We would charge you double', we know we are getting a good deal. If they come and say it is half, we know we have to come back and either we re- negotiate or make a decision; so, I think, it is to me, it is two (2) ways; it is one (1), finding what other cities are paying, and two (2), finding out what other Attorneys are going to charge. You know giving a fair share, fair opportunity to others to see what the market bears." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2017 PAGE 27 OF 41 Further remarks ensued on the process, adding such information to an Agenda, and that instead of doing a survey that might not provide quality data, that an RFP (Request for Proposal) might be a better choice. Discussion ensued on Commission Votes, possible timelines, and would this affect the Budget. Manager Smith asked for a reasonable amount of time. Commissioner Resnick said, "We asked Staff to bring us back a process at their discretion in time and then in that, there's a discretion of time for them to get the RFP (Request for Proposal) out, to get the notice out, get everything out, and if it is a month from now before they bring us back the Agenda Item, we Vote on that and then six (6) months after that - we're still looking at seven (7) months out before we find out what the data says and that is what my thoughts were." Deputy Mayor Carroll commented to Attorney Garganese, "For the service that you've done, I would ask that you would consider giving a scope of what you and your firm and your staff already provide to us, year after year after year, and that might enable Staff to have a better picture of what are you looking for, for RFP (Request for Proposal) quotes, and then bring it back to us." Mayor Lacey mentioned, "As we go through this process, I want to make sure that we don't abdicate the Commission's responsibility for making the choice by delegating more than just the administrative part of it to the City Manager. It should not look like the City Manager is hiring or engaging..." Commissioner Resnick noted, "...It is the Commission's RFP." Commissioner Cannon then suggested, "I think a detailed scope of work that Anthony (Garganese) can provide, which itemizes everything he has been doing for us - you have a process that you do already." Commissioner Cannon further remarked that this matter could be placed on a City Commission Agenda and pointed out, "We had an uptick in our legal expenses last year which is not going to be reflected in this Budget and so it is appropriate for us — I don't want anyone to misinterpret that our current City Attorney did anything wrong; we just had some legal matters of the City that were very legal intensive requiring another Law Firm and Consultant and different things; and it's appropriate when we are talking six (6) figures for us to reevaluate where are we." Commissioner Cannon said he agreed with Commissioner Resnick that this was a timely matter and he was in favor of it. Mayor Lacey said, "The request to Anthony (Garganese) to provide of a scope of work - are we asking for that as work product from our current Attorney or are we asking for that to come from a potential bidder ?" Commissioner Cannon said, "I think it should come from our current Attorney because I think Staff not being Attorney's, needs to understand the technical scope of work is different than the technical scope of work for an engineering firm. I think they need to have the technical scope of work from our current Attorney and then put that out for a proposal." With further comments, Commissioner Cannon added, "If there is an additional cost for Anthony to do that, then by all means, if that is outside of your normal scope of work..." Attorney Garganese said, "...Everything is within my scope of work under the retainer. It's not a problem pulling together that information - numerous cities have issued RFP's in the last few years, that we could use as a guide, as a template. It's not a mystery as to what I do. I do everything that the City requires as a municipal corporation except for Labor and Pension Law. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2017 PAGE 28 OF 41 Deputy Mayor Carroll said to Attorney Garganese, "It gives you an opportunity to focus us on your bragging rights for you and your firm. `These are the things we do; here is another staff person that I bring in when I am tied up somewhere.' We are looking for some guidance as to what does the City Attorney in Winter Springs provide to the City currently and what have you done over the years as a guideline for what we would be looking for in an RFP." Comments continued. Mayor Lacey said to Manager Smith, "Do you perceive a Consensus of the Commission that you understand or you need clarification on what your role is going to be in this ?" Manager Smith stated, "Perhaps I could repeat it back and see if my understanding is correct and take that approach - my understanding is that we're seeking the City to issue an RFP (Request for Proposal) for City Attorney services, to work with Anthony (Garganese) in preparation of that RFP relative to a scope of services, to put that on the street, to receive it back and this Commission will serve as the RFP Review Committee through an Agenda Item for purposes of analyzing that RFP and then whatever approach I'll take after that - will be the approach. Whatever action you take after that remains to be seen." Mayor Lacey stated, "Correct." Manager Smith then noted, "I would respectfully Mayor, ask for no specific timeline..." Mayor Lacey stated, "...So latitude to the Manager so he can pull that together." Manager Smith then elaborated on the differences between an RFP (Request for Proposal) and an RFP (Request for Qualifications). With further remarks, Commissioner Cannon said he would like to know the qualifications and experience of someone who might be the city's Attorney. Mayor Lacey remarked, "I want to make sure at the end of the day, four (4) Votes of this Commission will get what the Commission wants to do and we don't somehow convey rights to various Applicants that give them legal standing in some kind of protest process." Manager Smith commented, "Certainly not, and I think that would be clearly spelled out in the RFP (Request for Proposal) and it's also obviously, as you well know, Mayor, consistent with the Charter." Commissioner Hovey stated, "That is just what I want to confirm; it takes four (4) of the five (5) of us..." Manager Smith stated, "...One hundred percent (100 %) correct..." Commissioner Hovey continued, "...To either approve or in the case if we approved it, someone different, then that would mean we had four (4) Votes in the affirmative for someone different or four (4) Votes in Anthony's [Garganese, Weiss & D'Agresta] favor." Attorney Garganese pointed out, "You need four (4) Votes to terminate my Contract, and then you need four (4) Votes to appoint someone new, assuming that's what the Commission wants to do." Mayor Lacey commented, "So, at the end of the day if we wanted to do nothing, no action." Manager Smith added, "That's correct. And if you choose to make a change, to Anthony's (Garganese) point, it would take four (4) Votes to go through that process." Commissioner Cannon remarked, "Then we have done our due diligence." Next, Mayor Lacey inquired of Attorney Garganese, "As Commissioner Hovey laid out, the four (4) Vote requirement, under that scenario, there is no possible way that I would cast a Vote in the determination. Is there any narrow path through the Sunshine Law that would exempt me from Sunshine Law considerations for that particular question ?" Attorney Garganese stated, "I would need to look at that one. That's a nuance." Furthermore, Attorney Garganese stated, "Can I look at that and get back to you ?" Mayor Lacey said, "Please." •,•.ter k� CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2017 PAGE 29 OF 41 Discussion continued on Sunshine Law and State Law provisions. Manager Smith remarked, "We typically in all such documents will issue, insert a preclusion from any responder reaching out to the dais, to the Mayor and Commission and that's for obvious reasons; that is best practices, that's done all the time. That may seem a little nonsensical in this case, but I think it's important to have that provision because you are ultimately going to get it, but we don't want folks lobbying you all along the way." Regarding the discussion and if a Vote or Consensus would suffice, Mayor Lacey stated, "I am going to ask for Consensus because I think we have got that." Commissioner Cannon said he did not think a Motion was needed. Deputy Mayor Carroll stated, "Just Consensus." No objections to a Consensus were noted. Mayor Lacey said to Attorney Garganese, "There were some tasks in all this that were assigned to you. Same question I put to the Manager is, `Do you understand what the Commission is looking for'..." Attorney Garganese responded by saying, "...Yes. I will help the City Manager put together a process at his discretion and give him the information that he needs to do it." Mayor Lacey inquired, "Is there any objection from the Commission to proceed on the path that has been outlined ?" No objections were voiced. "I WILL MAKE A MOTION TO ADOPT RESOLUTION 2017 -03 SETTING THE PROPOSED OPERATING MILLAGE RATE AT 2.4300 MILLS, ESTABLISHING THE ROLLED -BACK RATE AT 2.2893 MILLS, AND SETTING THE PROPOSED VOTED DEBT SERVICE MILLAGE RATE AT 0.0600 MILLS FOR A TOTAL PROPOSED MILLAGE RATE OF 2.4900 MILLS; AND ESTABLISHING THE DATE, TIME, AND PLACE FOR A PUBLIC HEARING REGARDING THE PROPOSED MILLAGE RATE AND THE TENTATIVE BUDGET AS SEPTEMBER 11TH, 2017 AT 5:15 P.M. AT 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA, IN THE COMMISSION CHAMBERS." MOTION BY COMMISSIONER HOVEY. MAYOR LACEY STATED, SECONDED BY COMMISSIONER CANNON. DISCUSSION. VOTE: COMMISSIONER CANNON: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR CARROLL: AYE COMMISSIONER KENDRICK: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2017 PAGE 30 OF 41 ❖❖ AGENDA NOTE: THE FOLLOWING FOUR (4) AGENDA ITEMS, PREVIOUSLY LISTED ON THE CONSENT AGENDA WERE ADDRESSED CONCURRENTLY NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. ❖ ❖ FORMERL Y LISTED ON THE CONSENT AGENDA AS "305" Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting the City Commission authorize the City Manager to execute the attached Recreation Program Agreement, as prepared by the City Attorney, between the City of Winter Springs and the Winter Springs Youth Sports Organization. The term of Agreement commences on August 1, 2017, and ends on July 31, 2019. FISCAL IMPACT: This agreement will provide to the City of Winter Springs $13,280 annually in FY 18 and 19. 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 six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff is recommending the City Commission authorize the City Manager to execute the attached Recreation Program Agreement, as prepared by the City Attorney, between the City of Winter Springs and the Winter Springs Youth Sports Organization. The term of Agreement commences on August 1, 2017, and ends on July 31, 2019. FORMERLY LISTED ON THE CONSENT AGENDA AS "306" Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting the City Commission authorize the City Manager to execute the attached Recreation Program Agreement, as prepared by the City Attorney, between the City of Winter Springs and the Winter Springs Grizzlies. The term of Agreement commences on August 1, 2017, and ends on July 31, 2019. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2017 PAGE 31 OF 41 FISCAL IMPACT: This agreement will provide the City of Winter Springs $8,400 annually in FY 18 and 19. 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 six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff is recommending the City Commission authorize the City Manager to execute the attached Recreation Program Agreement, as prepared by the City Attorney, between the City of Winter Springs and the Winter Springs Grizzlies. The term of Agreement commences on August 1, 2017, and ends on July 31, 2019. FORMERLYLISTED ON THE CONSENT AGENDA AS "307" Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting the City Commission authorize the City Manager to execute the attached Recreation Program Agreement, as prepared by the City Attorney, between the City of Winter Springs and the Sunshine Youth Basketball League, Inc. The term of Agreement commences on August 1, 2017, and ends on July 31, 2019. FISCAL IMPACT: This agreement will provide to the City of Winter Springs $16,170 annually in FY 18 and 19. 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 six (6) 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 - JULY 10, 2017 PAGE 32 OF 41 RECOMMENDATION: Staff is recommending the City Commission authorize the City Manager to execute the attached Recreation Program Agreement, as prepared by the City Attorney, between the City of Winter Springs and the Sunshine Youth Basketball League, Inc. The term of Agreement commences on August 1, 2017, and ends on July 31, 2019. =2 FORMERL Y LISTED ON THE CONSENT AGENDA AS "308" Parks and Recreation Department REQUEST: The Parks and Recreation Department is requesting the City Commission authorize the City Manager to execute the attached Recreation Program Agreement, as prepared by the City Attorney, between the City of Winter Springs and the Florida Kraze Krush Soccer Club. The term of Agreement commences on August 1, 2017, and ends on July 31, 2026. FISCAL IMPACT: This agreement will provide to the City of Winter Springs $55,000 in FY 18 & 19. 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 six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff is recommending the City Commission authorize the City Manager to execute the attached Recreation Program Agreement, as prepared by the City Attorney, between the City of Winter Springs and the Florida Kraze Krush Soccer Club. The term of Agreement commences on August 1, 2017, and ends on July 31, 2026. Commissioner Hovey said to Mr. Caldwell, "My questions were answered — so, you have discussed with each of the groups and you have presented to them that it is a five percent (5 %) which is what you said was a two and half percent (2%2 %) per year for five percent (5 %) and they are all good with the terms of the Agreements ?" Mr. Caldwell stated, "Yes, Ma'am." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2017 PAGE 33 OF 41 "I AM READY TO MAKE A MOTION TO APPROVE ALL FOUR (4) OF THOSE ITEMS..." MOTION BY COMMISSIONER HOVEY. MAYOR LACEY ADDED, "...ITEMS `305', `306', `307', `308'..." COMMISSIONER HOVEY COMMENTED, "...CORRECT." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR CARROLL. DISCUSSION. VOTE: COMMISSIONER CANNON: AYE DEPUTY MAYOR CARROLL: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KENDRICK: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. ❖ ❖ AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. ❖ ❖ REGULAR AGENDA REGULAR 501. Community Development Department - Planning Division REQUEST: The Community Development Department — Planning Division, City Manager, and City Attorney's Office request that the City Commission provide direction on medical marijuana dispensing facilities in light of the passage of SB 8 -A by the Florida Legislature in Special Session, approved by the Governor and effective on June 23, 2017. FISCAL IMPACT: There is no direct fiscal impact related to the City Commission's consideration of this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media /Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) 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 - JULY 10, 2017 PAGE 34 OF 41 RECOMMENDATION: Staff recommends that the City Commission provide initial feedback and direction regarding medical marijuana treatment center dispensing facilities within the City. Discussion followed on binary choice, whether the City Attorney knew of any legal challenges by the Florida League of Cities, what Oviedo and Longwood might do in consideration that they have hospital facilities in their cities, and the current temporary Moratorium in Winter Springs. Commissioner Cannon asked, "If within say ten (10) or a fifteen (15) minute drive, these facilities are s available in another jurisdiction, I would like to know that." t. Further comments ensued on the new law in effect, and Commissioner Cannon asked if this issue could be revisited at another time. Attorney Garganese stated, "Certainly. Again, temporarily there is a ban - Mauro until April, but if the Commission were to adopt a ban and later decide to repeal it, the Commission would have that discretion as the law reads today." Commissioner Kendrick referenced Vero Beach, spoke of a personal situation, and noted that the Legislature had limited the City's actions. Next, Commissioner Kendrick pointed to a Zoning Map and showed where in the City such dispensaries could be located. Deputy Mayor Carroll also spoke of a personal situation and mentioned dispensary issues currently ongoing in the state of Oregon, suggested the City stay with the Moratorium for now and see what neighboring cities decide to do, and also mentioned circumstances in which she and others do have to leave the City to purchase various goods. Commissioner Resnick spoke of the voting data, and a possible situation with people driving to Longwood and back to Winter Springs with any possible Police Department involvement. Commissioner Resnick inquired whether there was a way "To creatively create a third option for ourselves in which there is a way to put it in specific locations and that is where Attorneys come in." Commissioner Cannon referenced the original Ballot question, recent changes from what the Ballot question said, that there was a limit on the Moratoriums, and that the City could revisit this issue. Discussion ensued on pharmacies /dispensaries and where they could be located. Attorney Garganese spoke of an oversight in the Agenda Item which did not address PUD (Planned Unit Development) and pointed out, "We have an interesting situation in Tuscawilla with a couple of parcels including the 7- Eleven[, Inc.] area and along [State Road] 434 where there are PUD (Planned Unit Development) Parcels in Tuscawilla that allow Commercial Uses, and those Commercial Uses are laid out in the Settlement Agreement on Exhibit B, which we talked about in other cases. On Exhibit B, drugstores and sundry are listed as a Permitted Use; so, on those parcels with PUD (Planned Unit Development) Zoning, they would be allowed if they're treated just like pharmacies." Commissioner Cannon inquired, "If we were to revise our Code of Ordinances as to the siting of pharmacies, based on your read of the new legislation signed by the Governor, just hypothetically, if we were to say that pharmacies cannot be co- located within three (3) miles of each other; in other words, so we don't have literally six (6) pharmacies in two (2) blocks or something like that; if we were to do that, would that be one approach we might take ?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2017 PAGE 35 OF 41 Attorney Garganese stated, "That would be one possible approach. We'd have to go back and study and revisit how the City regulates pharmacies." Comments followed on the regulation of pharmacies. Continuing, Commissioner Cannon suggested that we "Vote no at this time with directions to Staff to revisit this in say six (6) months or eight (8) months and then in that time, we can analyze how other cities are proceeding." Commissioner Cannon added, "We can always revisit it. "' Deputy Mayor Carroll did not think we should rush to a decision and for now, stay with the Moratorium. Commissioner Resnick spoke of the distributors and the free market and thought the City should research how to proceed. "MOTION TO EXTEND FOR FIFTEEN (15) MINUTES." MOTION BY COMMISSIONER CANNON. MAYOR LACEY SAID, SECONDED BY COMMISSIONER KENDRICK. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Commissioner Kendrick commented on the issue, what could happen down the road, and setting precedents, what Orange County said when they postponed this action. Commissioner Kendrick and Commissioner Cannon both commented on the predicament the City Commission was in, as a result of the Legislature. Discussion followed on providers, dispensaries, and the Department of Health. Attorney Garganese commented on the authorized treatment centers and population factors. Commissioner Cannon suggested that no action be taken tonight and that we get more information. Commissioner Hovey asked Attorney Garganese if something had to be done tonight. Attorney Garganese stated, "No. This is just a direction item and just for discussion." Commissioner Hovey said to Attorney Garganese, "We can not take any action and revisit it — well before the April Yd Moratorium ends next year." Attorney Garganese replied, "Yes. You can defer. Just a reminder that if the Commission were to decide to enact a ban, given the limited schedule for the remaining portion of the year, if we're taking that into consideration, going a different direction would require some time." Commissioner Hovey suggested this could be brought back in October after the Budget, and the City would have more information by then including what other cities have done. Mayor Lacey commented on Members of the City Commission wanting more information and assisting the City Manager with guidelines. Commissioner Hovey said she thought the Consensus was that the City Commission wants to know what cities and counties around us are doing. Mayor Lacey clarified, "There is no specific request of the City Manager ?" Commissioner Hovey remarked, "Right." Deputy Mayor Carroll suggested we stay with the Moratorium. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2017 PAGE 36 OF 41 Commissioner Resnick agreed with Commissioner Hovey that the Legislature meets next year and recommended that our Elected Officials meet with the local State Legislators and residents also speak with their State Legislators. Commissioner Resnick also suggested that the City get more information, and that residents can advise Winter Springs' Elected Officials on why they want the dispensaries. Next, Commissioner Hovey mentioned that she wanted to talk to the Police Chief and his Officers and get their thoughts on this topic. Commissioner Cannon commented on possible recreational marijuana scenarios in the future, that he was fine with postponing this topic until the fall, and remarked that when this comes back, Attorney Garganese could report on what other cities in the area are doing and what the trend was. Further comments. Mayor Lacey summarized, "I think there is a Consensus that we are going to let the Moratorium stay in place and we will come back as a Commission to address the need to do something with the obvious deadline of April, but probably something later in the fall." Mayor Lacey added, "When we convene in the fall, then amongst us we can decide now is the time, and then ask Staff to come back with some further Agenda Items for discussion." No objections were voiced. REGULAR 502. Office of the City Clerk REQUEST: The City Clerk is advising the City Commission of Board and Committee openings on the Bicycle and Pedestrian Advisory Committee, the Board of Trustees, the Code Enforcement Board, and the Oak Forest Wall and Beautification District Advisory Committee. FISCAL IMPACT: There is no noted Fiscal Impact related to any of these Appointments /Reappointments noted in 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 six (6) 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 - JULY 10, 2017 PAGE 37 OF 41 Commissioner Jean Hovey, Commissioner Cade Resnick, and Commissioner Geoff Kendrick have been informed about the Seat specific openings /vacancies noted in this Agenda Item. The Mayor and City Commission have been informed about the Code Enforcement Board At Large Reappointment /Appointment opportunity. Information about applicable Seats referenced in this Agenda Item have been provided to the applicable Board and Committee Members. Additionally, the Mayor and City Commission have been informed about the Board /Committee Applications that are on file, including an Agenda Item that was brought forth on the June 12, 2017 City Commission Regular Meeting. RECOMMENDATION: Staff is recommending that the following Appointments be made, with an individual Motion for each Nomination please. SEAT ONE APPOINTMENTS: COMMISSIONER JEAN HOVEY Board of Trustees Vacant Seat Term Expires: January 1, 2018 Oak Forest Wall and Beautification District Advisory Committee Vacant Seat Term Expires: August 2019 SEAT FOUR APPOINTMENT: COMMISSIONER CADE RESNICK Code Enforcement Board Seat Four - Current Appointment/Reappointment Needed: Seat currently held by Mr. Bill Poe Current Term Expires: July 2017 [Three (3) year Term] Mr. Bill Poe has noted his interest in being Reappointed SEAT FIVE APPOINTMENT: COMMISSIONER GEOFF KENDRICK Bicycle and Pedestrian Advisory Committee Vacant Seat Term Expires: February 1, 2021 ti A CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2017 PAGE 38 OF 41 AT LARGE APPOINTMENT: (ANY ELECTED OFFICIAL MAY PUT FORTH A NOMINATION TO FILL THIS AT LARGE SEAT) Code Enforcement Board At Large Seat - Current Appointment/Reappointment Needed: Seat currently held by Mr. Maurice Kaprow Current Term Expires: July 2017 [Three (3) year Term] Mn Maurice Kaprow has noted his interest in being Reappointed OTHER MAYOR/COMMISSION APPOINTMENTS: Included in this Agenda Item is the ability for the Mayor and/or any City Commission Member to make any other Appointment(s) that are deemed pertinent. If any Appointment(s) are not made at this Meeting, subsequent Agenda Items can be brought forward on upcoming City Commission Meeting Agendas. MOTION TO REAPPOINT MR. MAURICE KAPROW TO THE AT LARGE SEAT ON THE CODE ENFORCEMENT BOARD. MOTION BY DEPUTY MAYOR CARROLL. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER KENDRICK: AYE COMMISSIONER CANNON: AYE DEPUTY MAYOR CARROLL: AYE COMMISSIONER HOVEY: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. MOTION TO REAPPOINT MR. BILL POE TO THE SEAT FOUR POSITION ON THE CODE ENFORCEMENT BOARD. MOTION BY COMMISSIONER RESNICK. SECONDED BY DEPUTY MAYOR CARROLL. DISCUSSION. VOTE: DEPUTY MAYOR CARROLL: AYE COMMISSIONER KENDRICK: AYE COMMISSIONER RESNICK: AYE COMMISSIONER CANNON: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2017 PAGE 39 OF 41 REPORTS REPORTS 600. Office of the City Attorney — Anthony A. Garganese, Esquire No Report. REPORTS 601. Office of the City Manager — Kevin L. Smith No Report was given. REPORTS 602. Office of the City Clerk — Andrea Lorenzo - Luaces, MMC Regarding Commissioners who may still have pending Appointments, City Clerk Andrea Lorenzo- Luaces asked if the preference was that she wait until notified that a Commissioner was ready to make an Appointment. This was agreed to. Deputy Mayor Carroll and Mayor Lacey suggested that reminders be sent out to applicable Commissioners. REPORTS 603. Office of Commissioner Seat Five - The Honorable Geoff Kendrick Commissioner Kendrick thanked Mr. Caldwell for his quick response related to the generators at the 41h of July event, and added, "You guys did an outstanding job with the generators." REPORTS 604. Office of the Mayor - The Honorable Charles Lacey Mayor Lacey agreed with Commissioner Kendrick's comments and said to Mr. Caldwell, "You will probably be shortchanged on the kudos due to the lateness of the hour." Mayor Lacey added, "Great job!" Commissioner Hovey also complimented Mr. Caldwell on the weather. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2017 PAGE 40 OF 41 REPORTS 605. Office of Commissioner Seat One - The Honorable Jean Hovey For her Report, Commissioner Hovey mentioned the recent Bearwise community meeting, said that it was a good event, and hoped the City would share information from the meeting, such as taking down bird feeders, etc. on Facebook, etc. REPORTS 606. Office of Commissioner Seat Two - The Honorable Kevin Cannon •• Commissioner Cannon echoed commendations to Mr. Caldwell, the Public Works Department, and Chief Brunelle. Secondly, Commissioner Cannon congratulated the Information Services Department for their labor and efforts with their recent email /server migrations. Commissioner Cannon asked Chief Brunelle and Mr. Fields for some feedback on speed calming on Dyson Drive. REPORTS 607. Office of Commissioner Seat Three /Deputy Mayor - The Honorable Pam Carroll Deputy Mayor Carroll thanked the Police Department and the Public Works Department for the generators. Next, Deputy Mayor Carroll commented against speed bumps on Dyson Drive; however, thought some stop signs might possibly help. REPORTS 608. Office of Commissioner Seat Four - The Honorable Cade Resnick Commissioner Resnick echoed thanks to Mr. Caldwell. Continuing, Commissioner Resnick mentioned a Town Hall that he was holding on Tuesday, July 18th, 2017. MOTION TO EXTEND FOR "PUBLIC INPUT ". MOTION BY COMMISSIONER HOVEY. MAYOR LACEY STATED, SECONDED BY COMMISSIONER KENDRICK. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JULY 10, 2017 PAGE 41 OF 41 PUBLIC INPUT Mayor Lacey opened "Public Input" No one spoke. Mayor Lacey closed "Public Input ". ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 8:45 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO- LUACES, MMC CITY CLERK APPROVED: MAYOR CHARLES LACEY NOTE: These Minutes were approved at the 1 2017 City Commission Regular Meeting.