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HomeMy WebLinkAbout2019 05 13 City Commission Regular Meeting MinutesThe Regular Meeting of Monday, May 13,2019 of the City Commission was called to Order by Mayor Charles Lacey at 6:30 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 Kevin Cannon, present via telephone Commissioner Jean Hovey, present Commissioner Ted Johnson, present Commissioner TiAnna Hale, present Commissioner Geoff Kendrick, present Interim City Manager Shawn Boyle, present City Attorney Anthony A. Ga rga nese, present City Clerk Andrea Lorenzo-Luaces, present A moment of silence was held, followed by the Pledge of Allegiance. Mayor Lacey inquired, "Is there any objection to Adopting the Agenda as presented?" Commissioner Jean Hovey said, "No." Commissioner Geoff Kendrick stated, " No objection." Mayor Lacey then noted, "Hearing none, the Agenda stands Adopted." 100. Presentation of Resolution 2019-08 to Kevin Smith Former City Manager Kevin Smith was recognized with Resolution 2019-08 in honor of his service to the City of Winter Springs, 101. Presentation of Resolution 2019-09 to Kevin Brunelle Resolution 2019-09 was presented to former Chief of Police Kevin Brunelle in acknowledgement of his years of service to the City of Winter Springs. 102. Recognition of the Winter Springs High School Softball Team, their Coach, Mark Huaman, and their undefeated regular season (24-0) In honor of their undefeated regular season, the Winter Springs High School Softball Team was recognized. 103. Presentation from the Daughters of the American Revolution to the City and Tuscawilla Homeowners Association Members of the Sallie Harrison Chapter of the Daughters of the Revolution (DAR) presented a Certificate in recognition of proper flag protocol to the Tuscawilla Homeowners Association (THOA) and the City of Winter Springs. Mr. Kevin McCann, president of the Tuscawilla Homeowners Association (THOA) thanked Tuscawilla resident To Vagnini for his service on the Tuscawilla Lighting and Beautification District Advisory Committee and for his work in the Tuscawilla community. Mr. Tom Vagnini briefly addressed those in attenclancal Before concluding, Mayor Lacey recognized the late Mr. Don Gilmore who served as former Winter Springs Commissioner, City Committee Member and Tuscawilla resident for his dedicated service, especially recognizing that Mr. Gilmore was primarily responsible for taking care of the flags in the Tuscawilla community. 200. Current Development Projects Update 201. Traff ic Safety Management Devices 11121" 0�#2»? M� 300. Resolution 2019-10 in recognition of former Off icer James Flannigan's service to the City of Winter Springs 301. Surplus Assets 302. Tuskawilla Crossings Phase 2 Plat I 303. Tuskawilla Crossings Phase 2 Final Site Acceptance 304. Ocean Bleu Plat 305. Minutes from the Monday, April 15,2019 City Commission Workshop 306. Minutes from the Monday, April 22,2019 City Commission Regular Meeting VOTE: COMMISSIONER AYE COMMISSIONER HOVEY: AYE DEPUTYCOMMISSIONER JOHNSON: AYE a ; r CANNON: COMMISSIONER KENDRICK:AYE MOTION CARRIED. 400. Second Reading of Ordinance 2019-07 regarding prohibited noise disturbances in residential areas City Attorney Anthony A. Garganese read Ordinance 2019-07 by "Title" only and noted there had been no changes since the First Reading. Mayor Lacey opened "Public Input" on this Agenda /tem. Mayor Laceyclosed "Public Input"on Agenda "MOTION TO APPROVE ORDINANCE 2019-07 ON FINAL READING." MOTION BY DEPUTY MAYOR CANNON. SECONDED BY COMMISSIONER JOHNSON. DISCUSSIO111. COMMISSIONER . DEPUTY MAYOR CANNON: AYE COMMISSIONER HOVEY:AYE COMMISSIONERHALE:AYE COMMISSIONER JOHNSON: AYE MOTION CARRIED. construction 401. Second Reading of Ordinance 2019-08 regarding the regulation of management Attorney Garganese read Ordinance 2019-0 by "Title" only, and noted, "There was one little subtle change that was made to the Ordinance on page 2 that didn't make it into the draft in the Agenda. If you during First Peading there was somediscussion regarding the systemstemporary toilet facilities - apparently there's an ability to tie in to the City sewer in some •ns where it's availableo just a minor•• • made,a • - temporary toilet- as determined by building official. It goes on, be provided • maintained sanitarycondition'. facilities may include temporary hook-up to the city's sewer system or a portable temporary Mayor Lacey opened "Public Input" on this Agenda /tem. Mayor Lacey closed "Public Input" on this Agenda /tem, Commissioner Kendrick mentioned that he agreed with allowing access to our utilities and inquired, "Is there - a procedure in place to make sure that liability - permitting and everything like that, is concurrent with our Ordinance that we have right now." Attorney Garganese responded, "They would have to just go through the Building department and arrange to have a connectionand that connection• • have • Commissioner Kendrick added, "That procedure is already in place, liability and everything is covered..." Attorney Garganese noted . .... Handled administratively." VOTE: COMMISSIONER HOVEY:AYE DEPUTY MAYORi • AYE COMMISSIONER COMMISSIONER i i AYE COMMISSIONER HALE: AYE MOTIONi !.. 402. First Reading of Ordinance 2019-09 regarding the Application, Notice, and Review Criteria Procedures for Special Zoning Permits REGARDING THE FIRST READING OF ORDINANCE 2019-09, "MOTION TO READ BY • <,.LY." MOTION BY COMMISSIONER HOVEY. COMMISSIONER ► DISCUSSION. i .. i • i • i Attorney Garganese read Ordinance 2019-09 by "Title" on1r, Commissioner Kendrick said to Attorney Garganese "On Sec. 20-29. under - number specificallyfor of • burden that might•>. on our citizens, it says 'For all new development, buildings,existingbuildings Ordinancebeing altered by 50 percent...'. Okay, is that the underlying requirement for this to be in place odoes it alsoapply •anyone looking to build a summer kitchen as well; obviously notp 0•, Attorney Garganese responded, "This is only related to Special Zoning Permits. So if somebody wanted to build a summer kitchen, I would imagine it's just a building permit process that they would have to go through; and they would not need a Special Zoning Permit. Commissioner Kendrick inquired, "What is the threshold to get up to that Special Zoning Permit? Would it be that fifty percent (50%)"? Attorney Garganese responded, "We have different Special Zoning Permits as we've discussed, and someone would need to get a Conditional Use, a Variance, a Waiver. That would trigger Rezonings, etc. That would trigger the Application of the Special Zoning Permit requirements that are laid out in the Code." Continuing, Attorney Garganese noted, "Then there are further requirements regarding the Aw%lication for a S-gecial Zoning Perm Impuy3a 4,0mr.-mou comply with the Application requirements that you noted in 20-29. With respect to number L7 1, that is related. They'll be required to then submit all of the other ?.dditional application requirements L71 a. through g. So that would be for all new development, new buildings. Actually, that should rea*' all'new commercial development, new buildings, conditional uses and then existing buildings that are also greater than fifty percent (50%), or greater than the original floor area or seating capacityin order to trigger the additional requirements such as, if applicable, the tree survey, the site plan, etc." Commissioner Kendrick pointed out, "My concern is ninety (90) plus percent of all of our property taxes are derived from our citizens, our homeowners." Commissioner Kendrick continued, "Ninety (90) plus percent of all applications are going to come from our citizens as well. So, I don't want an undue burden put on our citizens - for my aforementioned summer kitchens or any kind of expanded driveways or any kind of improvements to their home." Furthermore, Commissioner Kendrick stated, "I just want to make sure that our homesteaded residents, the vast majority of everyone in the City are not carrying the burden for this Ordinance." Attorney Garganese said he might clarify that section and added, "If you go to Sec. 20-291, there's some language there that probably should've been put into the section thatyoujust noted - the site plan requirements for example that are required, the tree surveys, those types of application requirements come into play when somebody is doing construction that warrant a review of that type of information. So, if you look at 20-29.1., based on some of the other comments that were made at the Workshop - I made some modifications in yellow about new commercial development, new residential subdivisions of ten (10) or more lots, Conditional Uses or existing commercial buildings being altered byfifty percent (50%) or greater of the original floor area and for seating capacity; and I added language and requiring a modified Site Plan because there are instances where there could be modifications to existing buildings that don't require any modifications to the Site Plan itself." Attorney Garganese pointed out, "it was intended to limit the requirement of submitting that information as part of the Application package." Commissioner Kendrick stated, "In your opinion - our homeowners are not going to slip through a loop hole and all of a sudden they're going to have some of these same requirements. Is it written tight enough that our homeowners are not going to fall #,r potentially be unintencledly failing into this requirement?" Attorney Garganese responded, "When an individual homeowner comes in, I would say practically in most cases, if not all cases - we're not requiring a modified Site Plan to the building lot, as it goes through just general permitting, but I can continue to look at this a little bit more." Commissioner Kendrick mentioned again his concern with any residents who might do any home improvements as this was intended for commercial development. Attorney Garganese remarked, "It is not intended to apply in those circumstances with the individual homeowner and you'll note in other places in the Ordinance, I actually carved out an exception relative to single-family homes." Aext, Deputy Mayor Kevin Cannon referenced, Sec. 20-29.1. - ( - de a - ) _. on page 7, of the draft Orinancand o cmmented, "I feel that the notice to be mailed out for one of these Workshops for the larger type developments, I feel like the City should mail those notices out. The cost of that can be borne by the applicant; but I feel like the City should mail out those notification letters, So, I would propose if it is agreeable with the rest of the Commission that we just substitute the word 'city' rather than 4 applicant' in those sentences where it says the applicant shall provide notification', the applicant shall mail'." Commissioner Kendrick asked Attorney Garganese how it was done at other municipalities to which Attorney Garganese said it has been done both ways and was whatever was the pleasure of the City Commission. Furthermore, Commissioner Kendrick spoke of preemtions and a July 1 date and added, "I want to make sure that some of things that we're doing in the Ordinance, are not going to be affected by that preemption." Attorney Garganese noted, "Whenever we draft Ordinances, we're always looking at preemption; and the different kinds of preemption, There's expressed preemption and implied preemption by state law." Additionally, Attorney Garganese said that he reviewed the pending bill and pointed out, "The preemption Statute as written, as I understand it only applies to express preemption; meaning the legislature has to express a desire to preempt a certain irea of law, state law not federal." Continuing, Attorney Garganese remarked, "In that bill interestingly, it does not apply to Ordinances adopted in furtherance of the Florida Building Code, Ordinances adopted in furtherance of the Florida Fire Prevention Code, and most interestingly, Part 11 of Chapter 163, which is actually the Community Planning Act which is all about land development." Furthermore, Attorney Garganese noted, "I don't believe anything in this Ordinance is preempted by state law." Deputy Mayor Cannon mentioned whether there was agreement to his suggested verbiage change from earlier, to which Mayor Lacey said to the City Commission, "Is there any objection to adopting the Deputy Mayor's suggested language?" With further remarks, Mayor Lacey asked, "Specifically is there objection to changing from lapplicant'to'city'doing the mailing?" Commissioner TiAnna Hale added, "I just want to make sure that they are responsible for the cost..." Mayor Lacey added, "...Anthony (Garganese) will write it that way." With no objections noted, Mayor Lacey stated, "You have concurrence Deputy Mayor." Next, Deputy Mayor Cannon referenced page 14, paragraph Ell - there is a typo an* stated, "It should be the word'exit'the property. You are talking about trucks coming onto and exiting the property, and it says "exist'." Deputy Mayor Cannon added that the same error appears in paragraph fl1J in Sec. 10-33.1. on page 15; and Deputy Mayor Cannon also noted that at the bottom of page 15, it shows L781, which he thought should instead be U8 . Continuing, Deputy Mayor Cannon referred to page 18 and stated, "Where we are talking about administrative appeals, paragraph La - you specify that the 'record on appeal'shall consist of 1) the application and accompanying information: and 2) the written decision of the administrative official and accompanyinq_information.' Generally, on these types of administrative appeals, a transcript if one exists of the testimony offered would also be included in the'record on appeal', and that would be of particular note if either the applicant or the City or someone else solicited testimony from an expert whether it be an Engineer, whether it be an Economist or a Surveyor or whatever. • I would think Anthony • g " " but i # ask that. transcript of i if any, would also be i"i 'record on .#ice.l'. What are youri • there?" Attorney Garganese responded, "It doesn't hurt to put it in." With further remarks, Deputy Mayor Cannon complimented Attorney Garanese for the work he did. • i • " i1� "•' � • • fit.. •# i i i� • -• � i i i *,�- i�, COMMISSIONER #: i AYE COMMISSIONER KENDRICK: AYE COMMISSIONERHALE: DEPUTY* rCANNON:AYE COMMISSIONER # AYE MOTIONi • • i 500. 2018 Comprehensive Annual Financial Report I Interim City Manager Boyle introduced Agenda Item, i offered appreciation to Ms. Kelly Balagia, Interim Director, and Ms. Holly Queen, Controller, both from the Finance Department for their assistance. Ms. Tamara i •be//, CPA, Partner,Davisand Company,934 North Magnolia Avenue, Suite 700, Orlando, Florida: addressed the City Commission and presented the results of the 2018 Comprehensive Annual Financial Report. In closing out her presentation, Ms. Campbell noted, "So, overall, a very healthy Financial Report," Mayor Lacey inquired, "is there a Motion to approve the CAFP (Comprehensive Annual Financial Report)?" "SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. VOTE: DEPUTY MAYOR CANNON: AYE COMMISSIONER JOHNSON: AYE COMMISSIONER KENDRICK: AYE COMMISSIONER HOVEY: AYE COMMISSIONER HALE: AYE MOTION CARRIED. 600. City Attorney Anthony A. Garganese, Esquire 601. Interim City Manager Shawn Boyle Interim Manager Boyle advised the City Commission that regarding our net income in the General Fund, "I'm happy to report that we had a positive net income of eight thousand dollars ($8,000.00). So, our revenue exceeded our expenses by eight thousand dollars ($8,000.00) in the General Fund." AMHM!1111111111�31 11M, 602. City Clerk Andrea Lorenzo-Luaces, MMC City Clerk Andrea Lorenzo-Luaces asked if the Mayor and/or the City Commission had any comments on the upcoming community Visioning Session scheduled for May 20,2019. Mayor Lacey noted that on Monday, May 20, 2019, a Special Meeting would be held to address one (1) Agenda Item and then a Visioning Roundtable Session would be held with some City residents. 603. Seat Two Commissioner/Deputy Mayor Kevin Cannon Deputy Mayor Cannon mentioned he attended an Open House and Ribbon Cutting Ceremony for the Clubhouse at Hacienda Village. Secondly, Deputy Mayor Cannon then spoke of the recent Central Florida Astronomy Society event at Trotwood Park and it was well attended. Thirdly, Deputy Mayor Cannon mentioned a robotic group he mentors and recognized that they won the top award, the Chairman's Award, 604. Seat Three Commissioner Ted Johnson Commissioner Ted Johnson commended Lieutenant Doug Seely, Operations Bureau, Police Department for a greatjob regarding the purchase of gun racks. Next, Commissioner Johnson noted that he attended a Seminole County Law Enforcement Memorial occasion on May 7 th and mentioned that it was a great event. Commissioner Johnson recognized Mr. Bryant Smith, 111, P.E., CFM, City Engineer, Interim Community Development Department Director for his assistance with checking out waterways in the City in preparation for hurricane season. Furthermore, Commissioner Johnson said he also attended Hacienda Village's Open House and the Ribbon Cutting for their Clubhouse. Concluding his Report, Commissioner Johnson mentioned that he had received numerous compliments on how well Captain Matt Tracht, Support Services Bureau, Police Department has handled Code Enforcement concerns, and offered his thanks. Interim Chief of Police Chris Deisler, Police Department briefly addressed the Mayor and City Commission. 605. Seat Four Commissioner TiAnna Hale Commissioner Hale noted how the last few Commission meetings had ran long and mentioned a Public Input section of the meeting that was not held. Commissioner Hale asked if any future extensions could include the second Public Input section. Further brief comments. Next, Commissioner Hale remarked that she also attended a Ribbon Cutting Ceremony for Hacienda Village. R1107TT70-f -1VrTTe-,#7*7--T"T I I I LC I -),W III IS b ?ke,,Vj I Ur I d I t­[Idr I 1*el u I �-UrTlmerce ancl naFaarc- Fre We -1 the Advanced Institute for Elected Municipal Officials (IEMO), as well as some other Florida League of Cities classes. A Community Volunteer Committee that the City of Longwood had started was brought up by Commissioner Hale who said she would have some information sent out to the City Commission. Commissioner Hale noted that she had various people offer to help the City, and on a related note, that Indian Trails Middle School was having a farm to table event over the summer and they would need volunteers. Commissioner Hale suggested that would be an example of how this program could help; and thought volunteers could help Veterans and Seniors, Commissioner Hovey pointed out that volunteers for school programs need to be approved and asked about fiscal matters. Interim Manager Boyle mentioned that Staff was actually working on a volunteer program and said that the City could possibly look into expanding what they had been working on. Continuing, Commissioner Hale remarked next about a Benefit Dinner that Scouts th were holding at the Veterans of Foreign Wars of the United States (VFW) on the 18 . Lastly, Commissioner Hale complimented landscape maintenance workers for their recent work in the Highlands community. 606. Seat Five Commissioner Geoff Kendrick 11=111VOUNT-70171MM ME =- Secondly, Commissioner Kendrick commented on the City's recent fishing event hosted by our Parks and Recreation Department and pointed out that it was a great event. Commissioner Kendrick hoped Staff could look into making next year's event a bigger event. Thirdly, Commissioner Kendrick recognized former Chief of Police Brunelle and former City Manager Kevin Smith, and that he thought Interim Chief of Police Deisler and Interim Manager Boyle were doing a greatjob. Lastly, Commissioner Kendrick spoke of state preemptions and new laws and that he did not want the City to have any issues in terms of compliance with Public Records Requests and the Americans with Disabilities Act (ADA). Attorney Garganese said they were monitoring this. 607. Mayor Charles Lacey Mayor Lacey noted that Commissioner Kendrick had been appointed to the Florida League of Cities'Board of Directors which was a very distinctive honor. 608. Seat One-Commissio-ner Jean Hovey 11 lllgqg� jpq�II� ill 11111 11!111111171�- 0 Mill 11 11 Next, Commissioner Hovey remarked that this was National Police Week and asked Interim Chief Deisler to share her well wishes with his staff. Ms. Casey Howard, Administrative Services Director explained they had a draft for an advertisement. Commissioner Hovey then inquired when the City Commission would be able to view it, to which Ms. Howard stated, "I can send it to Anthony (Garganese) and we can start reviewing what else is missing for MOM ANDR LG� El`�Y�,O-LUACES, MMC CITY CLERK ,A1PPP0VE-1-)- M E W66 -C"H"7A--R--L LAt'��'-7 NOTE: These Minutes were approved at the June 10, 2019 City Commission Regular Meeting.