HomeMy WebLinkAbout_2021 01 11 City Commission Regular Meeting Minutes • s
CITY COMMISSION
ted
959 o REGULAR MEETING
l95
MINUTES
M O N DAY, JA N UARY 11, 2021 AT 6:30 PM
CITY HALL- COMMISSION CHAMBERS
1126 EAST STATE ROAD 434,WINTER SPRINGS, FLORIDA
CALL TO ORDER
Mayor Charles Lacey called the Regular Meeting of Monday, January 11, 2021 of the
City Commission to order 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 Ted Johnson, present
Commissioner Matt Benton, present
Commissioner Kevin Cannon, present
Commissioner TiAnna Hale, present via telephone
Commissioner Rob Elliott, present
City Manager Shawn Boyle, present
City Attorney Anthony A. Garganese, present
City Clerk Christian Gowan, present
Rabbi Maurice Kaprow offered the invocation.
The agenda was adopted without changes.
AWARDS AND PRESENTATIONS
100) Water/Wastewater update
Mr. Rob Nicholas, Mr. Todd Petrie & Mr. James Gallopo, Veolia presented an update
on capital projects that are currently underway, noted that current facilities ar a in
worse condition than previously anticipated, and shared a proposed timeline which
put the estimated completion of priority repairs at eighteen (18) months to about
two (2) years out.
Mr. Gallopo noted the issues being faced due to a hydraulic imbalance in the basins,
spoke about an overflow that was self-reported but not within the twenty-four (24)
hours required by Florida Department of Environmental Protection (FDEP),
described efforts to seed living bacteria in to offline plant, and announced that the
plant was now recovering with clear effluent being produced and no further
overflows had occurred.
Regarding the golf course pond discharge, Mr. Gallopo acknowledged that typically
the southern pond was used but noted that the large volume of water that was
rejected by the plant bypassed an unknown valve resulting in the north pond
discharge and fish kill. Continuing, Mr. Galllopo noted plans to permanently close the
unknown line which allowed the water to be discharged in to the golf course pond.
. .
discharge and fish kill. Continuing, Mr. Galllopo noted plans to permanently close the
unknown line which allowed the water to be discharged in to the golf course pond.
Discussion followed on previous maintenance, estimated to have not been properly
done for ten to fifteen (10-15) years, the extensive work that was discovered to be
necessary upon draining the tanks, the containment system for spillovers, and the
potential implementation of a public information campaign to stop people from
flushing objects that should not be flushed and damage treatment plants.
Mr.Gallopo responded to further questions and confirmed that this was the first time
that the north pond has been needed, reiterated that the valve was not previously
known about, and assured the Commission that there was no intent to discharge in
to the north pond.
Further discussion followed on exercising valves to test for leaks, equipment used to
locate the previously unknown, buried valve, review of old drawings, the need for a
maintenance schedule at facilities, and the likelihood of odor issues reoccurring. In
reference to the odor issue, Mr. Gallopo said that barring further unforeseen
problems, odor levels should go back to pre-construction levels and the offline plant
should be operational again in mid- to late February.
Commissioner Cannon recommended engineers, private properties, the City, and
any other involved parties get together and create a technical documentation center
to avoid similar surprises in the future.
Representatives present from Veolia confirmed that, pursuant to contractual
obligations,they would claim responsibility regarding any issues brought forward by
FDEP.
Discussion then turned to accelerating the time frame on building new plants and
presenting options for how to expedite processes, and legal requirements regarding
advertising and procurement. Regarding new plant construction,discussion focused
on potential site issues in terms of available space.
Manager Boyle noted that the City is currently expediting procurement to have
necessary materials available when construction is ready to proceed, following
engineering, state funding, etc. Continuing, Manager Boyle noted that the interest
rate environment was very conducive to this approach.
INFORMATIONAL AGENDA
200) Current Economic and Community Development Projects
Summary
Cover Pag_e
Projects Summary �
201) Crime reporting transition to the NIBRS/FIBRS systems
Cover Page
PUBLIC INPUT
Mr. David Dempsey, 624 Nighthawk Circle, Winter Springs noted his proximity to
the golf course pond, thanked City Staff for coming out on a holiday weekend to
address the issue and asked if restocking the pond could be an option in the near
future.
Mr. Jesse Phillips, 1124 Duncan Drive, Winter Springs spoke regarding a petition
signed by 350-400 residents who were concerned about the City's water and
proposing a range of options from firing Veolia to disincorporation as a City and
having Seminole County take over the utilities.
Discussion followed on previous meeting invitations and the need to understand
issues being faced by residents to address any problems.
Mr. Scott Miner, 7035 Northern Way, Winter Springs shared concerns about AirBnBs
in his neighborhood and asked the City to address this issue.
Attorney Garganese noted current Florida law preempted municipalities from
prohibiting short-term rentals. Discussion followed on the current legislative session,
the need for business tax receipts, deed restrictions, and any opportunity to
strengthen ordinances already in place.
Ms. Rhonda Cave, 632 Nighthawk Court, Winter Springs thanked staff that came to
clean the golf course pond after the fish kill and said their response was immediate.
Continuing, Ms. Cave asked about water quality testing, restocking fish, and if
permitted dumping would continue to come in from the plant.
Mr. Reinaldo Baquero, 776 Brookshire Court, Winter Springs spoke about how great
the city's parks were and difficulties he had in securing a field.
Manager Boyle thanked Mr.Vaquero for being involved, coming to the meeting, and
asked that he get with Ms. Casey Howard, Director, Operations Department to work
on a solution.
Mr. Cade Resnick, 520 Seven Oaks Boulevard, Winter Springs shared his belief that
there had been insufficient marketing and a lack of due diligence relative to the fish
kill and golf course pond discharge. Continuing, Mr. Resnick offered to share more
information with the Commission and City Staff about previous experience he said
he had with regard to the site.
Manager Boyle spoke about the response to a Facebook complaint which led to the
discovery of a fish kill in a permitted discharge site located on the old golf course.
Manager Boyle noted that most of the dead fish were invasive tilapia. Continuing,
Manager Boyle noted that the site was on private property which the City had right
of entry to, due to the permitted discharge pond, and he noted that an abundance
of life was still in the pond, testing had been done by the Florida Department of
Environmental Protection (FDEP), and the City would not continue to discharge to
the site. Responding to questions about restocking the pond, Manager Boyle
announced that the City was awaiting word from FDEP but that tilapia and water
lettuce would not be restocked ever due to them being invasive species.
Discussion followed on the golf course's conservation easement, the allowance of
mowing and public access, and the state of on-site bridges that were in need of
repair. Commissioners disagreed with the assertion that the City had not been
transparent about the incident but noted communication can always be improved.
CONSENT AGENDA
300) Aquatic Pontoon Barge & Equipment for Installing Walkways
in Ponds and Maintaining Storm Water Ponds.
Cover Page�
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This item was not discussed.
301) 2021 Calendar of Meetings, Events, and Holidays
Cover Page'®
Meeting Calendar 2021
Holiday Schedule 2021
Meeting and Events Calendar 2021
This item was not discussed.
302) Approval of the Minutes from the Monday, December 14, 2020
City Commission Special Meeting.
Minutes'
This item was not discussed.
303) Approval of the Minutes from the Monday, December 14,2020
City Commission Regular Meeting.
This item was not discussed.
"MOTION TO APPROVE." MOTION BY DEPUTY MAYOR JOHNSON. SECONDED BY
COMMISSIONER ELLIOTT. DISCUSSION.
VOTE:
COMMISSIONER HALE:AYE
COMMISSIONER BENTON: AYE
COMMISSIONER ELLIOTT:AYE
COMMISSIONER CANNON: AYE
DEPUTY MAYOR JOHNSON:AYE
MOTION CARRIED.
PUBLIC HEARINGS AGENDA
400) Waste Pro Contract Extension
Cover Page
Waste Pro Fifth Addendum to Solid Waste Agreement
Ordinance 2020-09 Adopt Solid Waste Franchise FIFTH Addendum
Attorney Garganese read Ordinance 2020-09 by title only.
Ms. Maria Sonksen, Director, Finance Department was available for any questions.
Mayor Lacey opened the Public Hearing for Item 400.
No one spoke.
Mayor Lacey closed the Public Hearing for Item 400.
"MOTION TO APPROVE ON SECOND & FINAL READING OF ORDINANCE 2020-09
OF THE EXISTING SOLID WASTE AGREEMENT WITH WASTE PRO OF FLORIDA,
INC. FOR ONE YEAR EFFECTIVE MARCH 1, 2021; WITH ADDITIONAL LANGUAGE
ACKNOWLEDGING STATUTORY GIFT PROHIBITIONS AND PROHIBITING
CAMPAIGN CONTRIBUTIONS TO CANDIDATES SEEKING TO HOLD OFFICE IN ANY
CAPACITY.." RENEWING THE EXISTING FRANCHISE AGREEMENT AND
EXTENDING THE TERM MOTION BY COMMISSIONER CANNON. SECONDED BY
COMMISSIONER BENTON. DISCUSSION.
VOTE:
COMMISSIONER BENTON: AYE
COMMISSIONER CANNON:AYE
COMMISSIONER HALE:AYE
COMMISSIONER ELLIOTT:AYE
DEPUTY MAYOR JOHNSON:AYE
MOTION CARRIED.
REGULAR AGENDA
500) business Tax Receipt Discussion
Commissioner Cannon mentioned the previously held Strategic Planning session
and the shared goal to get more small businesses in town.
"MOTION TO EXTEND THROUGH END OF SECOND PUBLIC INPUT." MOTION BY
COMMISSIONER BENTON. SECONDED BY COMMISSIONER CANNON.
DISCUSSION.
MOTION PASSED WITH UNANIMOUS CONSENT.
Discussion followed on the impact of the pandemic on businesses, the transition to
more home businesses, and the need for a database to determine the businesses
that are operating within the City.Continuing, it was noted that business tax receipts
should be cost neutral rather than a profit center for the City while also ensuring that
all those who are required to obtain a business tax receipt do so, and pay any other
applicable taxes that would be necessary. Commissioner Cannon noted an email
received back in October 2020 detailing one such individual seemingly not paying
business tax receipts and asked that it be added to the record. Continuing, it was
suggested that periodic reports be brought to the Commission detailing businesses
coming in and leaving the City and using this data to help potential small businesses
be successful.
Discussion continued and it was determined that more precise categories would
provide more useful data. It was noted that the business tax receipt function would
be moving over to the Community Development Department from the Finance
Department. There was further discussion about definitions, updating the Home-
Based Business Ordinance, and the potential need for a tax equity study commission.
Manager Boyle noted that Staff would come back in March or April with more
information and seek further direction at that time.
501) Appointment Opportunities for City Boards and Committees
Cover Pape
"MOTION TO APPOINT WAYNE DOUGLAS TO THE VETERAN AND VETERAN
FAMILY ADVISORY COMMITTEE." MOTION BY COMMISSIONER BENTON.
SECONDED BY COMMISSIONER CANNON. DISCUSSION.
VOTE:
COMMISSIONER ELLIOTT:AYE
COMMISSIONER CANNON:AYE
DEPUTY MAYOR JOHNSON: AYE
COMMISSIONER BENTON:AYE
COMMISSIONER HALE: AYE
MOTION CARRIED.
"MOTION TO REAPPOINT ARNIE NUSSBAUM TO THE PARKS AND RECREATION
ADVISORY COMMITTEE." MOTION BY COMMISSIONER BENTON. SECONDED BY
COMMISSIONER CANNON. DISCUSSION.
VOTE:
COMMISSIONER CANNON:AYE
COMMISSIONER ELLIOTT:AYE
COMMISSIONER HALE: AYE
DEPUTY MAYOR JOHNSON: AYE
COMMISSIONER BENTON: AYE
MOTION CARRIED.
"MOTION TO REAPPOINT JAMES VAN KLEUNEN TO THE PARKS AND
RECREATION ADVISORY COMMITTEE." MOTION BY DEPUTY MAYOR JOHNSON.
SECONDED BY COMMISSIONER CANNON. DISCUSSION.
VOTE:
DEPUTY MAYOR JOHNSON: AYE
COMMISSIONER ELLIOTT:AYE
COMMISSIONER BENTON:AYE
COMMISSIONER CANNON:AYE
COMMISSIONER HALE: AYE
MOTION CARRIED.
"MOTION TO APPOINT KEVIN BOLTON TO THE BICYCLE AND PEDESTRIAN
ADVISORY COMMITTEE." MOTION BY DEPUTY MAYOR JOHNSON. SECONDED BY
COMMISSIONER CANNON. DISCUSSION.
VOTE:
COMMISSIONER HALE: AYE
COMMISSIONER BENTON: AYE
COMMISSIONER ELLIOTT:AYE
DEPUTY MAYOR JOHNSON: AYE
COMMISSIONER CANNON:AYE
MOTION CARRIED.
REPORTS
600)
• Spoke about the use of Facebook to report problems and seek solutions and
noted that it is not the appropriate channel.
• Manager Boyle noted the current non-emergency line (407) 327-1000, the
constantly monitored utility line (407) 327-2699,and effortsto get an additional
hotline for residents to share concerns with City Staff.
o Discussion followed on the use of the City website rather than Facebook
to share information, potential use of an app to allow for reporting any
issues throughout the City, and the current policy.
o Commissioner Cannon asked that a circulating petition advocating for
disincorporation be added to the record and noted threats that had
been made on Facebook aimed at the Mayor and Commissioners.
Manager Boyle requested a five minute recess. Mayor Lacey ordered the meeting in
recess at 9:38 P.M. to last until Commissioner Cannon returned to the dais.
Mayor Lacey called the meeting back to order at 9:41 P.M.
608) Seat Two Commissioner Kevin Cannon
Spoke on the reason for the recess being necessary, citing threats and
harassment made over social media. Commissioner Cannon asked for a police
escort home and urged the rejection of this behavior.
Commissioner Cannon left the meeting at 9:45 pm
601) City Attorney Anthony A. GM nese
• No report
602) City Clerk Christian Gowan
• No report
603) Oeputy Mayor/Seat Three Commissioner Ted Johnson
• Recognized the Winter Springs Police Department, noting that Saturday,
January 9, 2021 was National Law Enforcement Appreciation Day. Deputy
Mayor Johnson also briefly mentioned their recent accreditation.
• Noted that Martin Luther King, Jr. Day a week away and asked that people
reflect on his approach to solving problems.
604) Seat Four Commissioner TiAnna Hale
Echoed Deputy Mayor Johnson and noted the need to work together to get
things done.
605) Seat Five Commissioner Rob Elliott
• Echoed comments made and noted that he was disappointed by threats and
rhetoric off dissolution.
• Mentioned discussions with local churches to start proposed Community
Work Day.
• Noted that he had a friend in the restaurant industry interested in coming
before the Commission to discuss how the City could attract more
establishments.
606) x
• Commented that threats to family and homes are a new low in the political
discourse
• Offered some personal advice, noting there is no stopping the critics and it is
best to tune them out.
607) Seat One Commissioner Matt Benton
• Thanked residents who came in with honest input and noted disagreement
with comments about failures and past opportunities to fix water issues.
• Noted it is not the City's job to monitor Facebook for complaints and urged
residents to pick up the phone and report issues through the appropriate
channels.
CITY COMMISSION MINUTES J PFGULAP MEETING I MONDAY, JANUARY 11, 2021 1 PACE OP 11
PUBLIC INPUT
Mr. Kenneth Spalthof,, 337 Wooded Vine Drive, Winter Springs shared that he
disagreed with comments on failures and commended the staffs response to the
water issue which occurred over the holidayweekend.
ADJOURNMENT
Mayor Charles Lacey adjourned the meeting at 9:59 P.M.
RESPECT ULLY SUBMITTjED.
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CHRISTIAN GOWAN �
CITY CLERK
APPROVED.
MAYOR C R E EY
NOTE: These Minutes were approved at the January 25, 2021 City Commission
Regular Meeting.