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CASSELBERRY CITY COMMISSION Minutes of December 10, 2012 — Regular Meeting Page 12 of 19 Recommendation: The City Manager and the Interim Community Development Director recommended approval of Ordinance 12 -1385 on first reading. Public Hearing: Mayor Glancy opened the public hearing relative to Ordinance 12 -1385. The following individual came forward: Mr. James Fraleigh, 23 Teresa Court, spoke in opposition to Ordinance 12 -1385, stating he felt the City should be promoting businesses within the City and not restricting them. He also noted that gambling was already allowed within the City limits, as 7- Eleven was able to sell lottery tickets, so he felt there should not be a restriction on internet cafes. No one else came forward. Mayor Glancy closed the public hearing relative to Ordinance 12 -1385. MOTION: Commissioner Miller moved to approve Ordinance 12 -1385 on first reading, as presented. Motion was seconded by Commissioner Aramendia. Discussion: Commissioner Miller pointed out for the record that the State of Florida regulated lotteries, and state law superseded City of Casselberry law. Motion carried unanimously by voice vote 5 — 0. A. Resolution 12 -2444 — Utility Work by Highway Contractor Agreement with the Florida Department of Transportation for the U.S. Highway 17 -92 and State Road 436 Interchanize Project and Related budget Amendment #13 -018 The City Clerk read Resolution 12 -2444 by title as follows: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, AUTHORIZING THE EXECUTION OF A UTILITY WORK BY HIGHWAY CONTRACTOR (UWHC) LUMP SUM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF THE REQUIRED RELOCATION OF CASSELBERRY'S FACILITIES WITHIN THE US HIGHWAY 17 -92 AND SR 436 INTERCHANGE PROJECT LIMITS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE." Staff Presentation: Alan Ambler, Water Resources Manager, gave a brief overview of the item, explaining that this was a contract with the Florida Department of Transportation to perform all of the utility relocations necessary on the flyover project, and it also included some of the City's capital improvements, as well. Mr. Newlon and Mr. Ambler further explained that with this type of design -build contract, if the costs exceed the contracted amount, the Florida Department of Transportation would be at risk for the cost overruns, and the City would not be. They added that this is an advantage over going through a standard low bid process where the contents of the bid package could be debated.