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HomeMy WebLinkAbout2021 09 13 City Commission Regular Meeting Minutes CITY COMMISSION REGULAR MEETING MINUTES MONDAY, SEPTEMBER 13, 2021 AT 6:30 PM CITY HALL- COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA CALL TO ORDER Deputy Mayor Ted Johnson called the Regular Meeting of Monday, September 13, 2021 of the City Commission to order at 6:31 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor Kevin McCann, present via telephone Deputy Mayor Ted Johnson, present Commissioner Matt Benton, present Commissioner Kevin Cannon, present Commissioner TiAnna Hale, absent Commissioner Rob Elliott, present City Manager Shawn Boyle, present City Attorney Anthony A. Garganese, present City Clerk Christian Gowan, present The following changes were made to the agenda: Deputy Mayor Johnson noted the need to add a presentation on the East Wastewater Treatment Plant which would be heard as Item 101. No objections were made. AWARDS AND PRESENTATIONS 100) Police Department Presentations Chief Chris Deisler swore in two (2) new officers, Officer Marcus Medal and Officer Preston Meyer. Chief Deisler then presented Life-Saving Awards to officers from the Bravo and Delta Squads. In attendance were the following individuals: Officers Will Preston, Jonathan Castro, Christopher Roland, Cristina Montana, Jean Roman, Lieutenant Keith Whitmore, and Sergeant Allison Smith. Chief Deisler lastly introduced two new staff personnel, Mr. Brian Reeves, Records Clerk and Ms. Christen Berges, Crime Analyst. ADD-Item 101) Presentation on Emergency Repairs for the East Wastewater ON Treatment Plant Manager Boyle began, noted staff was called out mid-last week of an issue at the East Wastewater Treatment Plant and reviewed code requirements for the ratification of an emergency. Mr. Rob Nicholas, Veolia and Mr. Jason Norberg, Director, Public Works and Utilities Department detailed structural problems at the East Wastewater Treatment Plant which required the draining of the tank to assess necessary structural repairs. Continuing, Mr. Nicholas and Mr. Norberg noted that certain short-term fixes were being implemented butthat half the plantwould be coming offline and that periodic disruptions of irrigation would occur. Manager Boyle explained that this would not impact potable drinking water, further detailed the deteriorating conditions of the plant, and spoke about the plans in place since two years ago which were still being followed to address the treatment plants. Continuing, Manager Boyle noted that the City was in communication with the Florida Department of Environmental Protection and with local legislators, among them Representative David Smith and Senator Jason Brodeur, and that financial assistance would be sought to ensure that rate payers do not experience high impacts. Discussion followed on the potential for odors, the need for clear and constant communication, and possible impacts on timelines due to supply chain issues. Mr. Nicholas noted that the City was currently looking at a three to four month time period assuming any and all structural issues found were manageable. Further discussion followed on the reduction in capacity and potential impacts on development and the commitment to fixing the issues at the plants. INFORMATIONAL AGENDA 200)Current Development Projects Summary No discussion. PUBLIC INPUT Ms. Gina Shafer, Winter Springs Village, Winter Springs spoke about the maintenance of the plants and wondered how often theyshould have been cleaned out, spoke about the need to video stream meetings, and thought trees on Michael Blake Boulevard looked great Mr. Art Gallo, 799 Nandina Terrace, Winter Springs asked about the maintenance of the wastewater plants and thought visible issues should have been identified sooner. Mr. Ron Ligthart 7036 Winding Water Circle, Winter Springs commented on the condition of the plants. CONSENT AGENDA 300)Police Equipment Donation No Discussion 301)Resolution 2021-23 recognizing the retirement of CCSA Catherine A. Presley from the Police Department. No Discussion 302)Agreement Extension with Eola Technology Partners, LLC. No Discussion 303)American Rescue Plan Act Corona Virus Fiscal Recovery Funding "Draft" Agreement with the State of Florida and Resolution 2021-24 Establishing New "ARPA" Special Revenue Fund No Discussion 304)Torcaso Restrooms South Side No Discussion 305) Purchase of new security camera system No Discussion 306) Purchase of new GPS vehicle fleet management system No Discussion 307)Minutes from the Wednesday, July 7, 2021 City Commission Workshop No Discussion 308)Minutes from the Monday,August 9, 2021 City Commission Regular Meeting No Discussion "MOTION TO APPROVE CONSENT AGENDA." MOTION BY COMMISSIONER ELLIOTT. SECONDED BY COMMISSIONER CANNON. DISCUSSION. VOTE: BENTON (AYE); CANNON (AYE); JOHNSON (AYE); ELLIOTT (AYE) MOTION CARRIED 4-0. PUBLIC HEARINGS AGENDA 400)Tentative Millage Rate for Fiscal Year 2021-2022 and Related Advertising Ms. Maria Sonksen, Director, Finance Department introduced the item, reviewed previous actions of the Commission and the Tentative Operating Millage rate which would result in a $369,257 increase in collected ad valorem revenue, and staff's recommendation of approval. Deputy Mayor Johnson opened the Public Hearing for Item 400 Nobody spoke Deputy Mayor Johnson closed the Public Hearing for Item 400 "I MOVE TO APPROVE RESOLUTION 2021-12 ESTABLISHING THE TENTATIVE FISCAL YEAR 2021-2022 OPERATING MILLAGE RATE FOR THE CITY OF WINTER SPRINGS AT 2.4100 MILLS AND PUBLICLY ANNOUNCE THAT THE TENTATIVE OPERATING MILLAGE RATE OF 2.4100 MILLS IS 4.21% GREATER THAN THE COMPUTED ROLLED-BACK RATE OF 2.3127 MILLS AND AUTHORIZING ADVERTISEMENT OF THE CITY'S INTENT TO HOLD PUBLIC HEARINGS TO ADOPT THE FINAL MILLAGE RATE AND BUDGET.." MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER BENTON. DISCUSSION. VOTE: ELLIOTT (AYE); JOHNSON (AYE); CANNON (AYE); BENTON (AYE) MOTION CARRIED 4-0. 401)Tentative Budget for Fiscal Year 2021-2022 and Related Advertising Ms. Sonksen reviewed the item, noted the tentative budget was available on the City's website, and staff's recommendation of approval. Deputy Mayor Johnson opened the Public Hearing for Item 407 Nobody spoke Deputy Mayor Johnson closed the Public Hearing for Item 407 "I MOVE TO APPROVE RESOLUTION 2021-13, ESTABLISHING THE TENTATIVE BUDGET FOR THE CITY OF WINTER SPRINGS FOR THE FISCAL YEAR COMMENCING ON OCTOBER 1, 2021 AND ENDING ON SEPTEMBER 30, 2022 AND AUTHORIZING ADVERTISEMENT OF THE CITY'S INTENT TO HOLD PUBLIC HEARINGS TO ADOPT THE FINAL MILLAGE RATE AND BUDGET." MOTION BY COMMISSIONER BENTON. SECONDED BY COMMISSIONER CANNON. DISCUSSION. VOTE: CANNON (AYE); JOHNSON (AYE); ELLIOTT (AYE); BENTON (AYE) MOTION CARRIED 4-0. 402) Review of Ordinance 2021-06 an Ordinance of the City Commission of the City of Winter Springs, Florida, amending the text of the City's Comprehensive Plan to include a Property Rights Element as required by law: providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the comprehensive plan, severability and an effective date and legal status of the plan amendment. Mr. Christopher Schmidt, Director, Community Development Department reviewed the new state requirement to add a property rights element to local comprehensive plans, noted the unanimous recommendation of approval from the Planning and Zoning Board, and shared staff's recommendation of approval to transmit the element to the state. Discussion followed on the application to existing developed land and undeveloped land, the requirement set forth by the state, and the fact that no additional comprehensive plan elements could be adopted or before the property rights element. Deputy Mayor Johnson opened the Public Hearing for Item 402 Nobody spoke Deputy Mayor Johnson closed the Public Hearing for Item 402 "MOTION TO READ BY TITLE ONLY." MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER BENTON. MOTION PASSED WITH UNANIMOUS CONSENT. Attorney Garganese read Ordinance 2021-06 by title only. "MOTION TO APPROVE ORDINANCE 2021-06." MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER ELLIOTT. DISCUSSION. VOTE: JOHNSON (AYE); ELLIOTT (AYE); BENTON (AYE); CANNON (AYE) MOTION CARRIED. 403)Chase Bank -Aesthetic Plan Review, one Waiver, Final Engineering Review, and Development Agreement. Mr. Schmidt introduced the item, reviewed the property and previous Commission decisions/approvals, compliance with the Comprehensive Plan and City ordinances, and staff's recommendation of approval. Discussion followed on Consumptive Use Permit (CUP) considerations, previously exceeding the CUP, commitments made to development projects currently underway, and estimated uses for similar developments. Several Commissioners noted concerns about capacity, adverse impacts on wastewater amid emergency repairs and improvements, and suggested, though they were supportive of the project overall and its location, that it may be necessary to postpone a final decision until more information could be presented. Staff agreed that a proposed 90-day postponement would allow sufficient time for evaluation of the plants and provide for details on the impacts to development projects and water capacity. Deputy Mayor Johnson noted that he did not think the proposed bank would have a large impact on the water system with little associated demand for daily operations. Discussion followed on the usage of potable water for irrigation and concerns about this usage more than the internal water use. Deputy Mayor Johnson opened the Public Hearing for Item 403 Ms. Gina Shafer, Winter Springs Village, Winter Springs noted she thought that people already in the City should be given priority with regards to reclaimed water connections. Mr. Art Gallo, 799 Nandina Terrace, Winter Springs noted that he was interested to hear from representatives from Chase Bankto hear about potential financial impacts associated with a postponement of a decision. Deputy Mayor Johnson closed the Public Hearing for Item 403 Ms. Nicole Berlin, Civil Engineer, Kimley-Horn reviewed the history of the project, the timeline for construction and connections, plans to connect to a reclaimed line in the median of State Road 434, and the small impact to the water and sewer system she believed this project would have. A representative of Chase asked that they be allowed to continue with permitting and that the City hold the permits until such time as the project gained approval. Discussion followed on the capacity of the reclaimed line referenced throughout the median of State Road 434 and Manager Boyle noted that staff would have to further assess capacity to determine if the project could connect. "MOTION TO EXTEND THE MEETING THROUGH SECOND PUBLIC INPUT." MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER ELLIOTT. DISCUSSION. MOTION PASSED WITH UNANIMOUS CONSENT. Mr. Schmidt said the City could take in the permit applications and hold them. Noted this would be a buyer beware situation. Attorney Garganese commented further noting that the permitting sequence would be taken out of order, Chase would be assuming the risk, and recommended a hold harmless and indemnity agreement be signed if this were the path to be taken. Further discussion followed on irrigation concerns, reclaimed connections, the possibility of doing xeriscape, the importance of conformity and the tree canopy, and the distinction between the streetscape and onsite landscaping requirements. "MOTION TO POSTPONE FOR UP TO 90 DAYS, FURTHER CONSIDERATION ON AGENDA ITEM 403 TO PROVIDE AN OPPORTUNITY FOR UTILITY AND DEVELOPMENT STAFF, CITY MANAGER, AND CONSULTING ENGINEER AND ATTORNEY TO EVALUATE AND COME BACK TO US AS SOON AS POSSIBLE TO ADDRESS ISSUES/CONCERNS RAISED TODAY." MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER ELLIOTT. DISCUSSION. VOTE: ELLIOTT (AYE); BENTON (AYE); CANNON (AYE); JOHNSON (NAY) MOTION CARRIED 3-1. REGULAR AGENDA 500)Appointment Opportunities for City Boards and Committees "MOTION TO APPOINT SABRINA PARSONS TO THE PARKS AND RECREATION ADVISORY COMMITTEE." MOTION BY COMMISSIONER ELLIOTT. SECONDED BY DEPUTY MAYORJOHNSON. DISCUSSION. VOTE: BENTON (NAY); CANNON (AYE); JOHNSON (AYE); ELLIOTT (AYE) MOTION CARRIED 3-1. "MOTION TO APPOINT BRAXTON BERGMAN TO THE YOUTH COUNCIL." MOTION BY COMMISSIONER ELLIOTT. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION. VOTE: BENTON (AYE); CANNON (AYE); JOHNSON (AYE); ELLIOTT (AYE) MOTION CARRIED 4-0. "MOTION TO APPOINT BRINLIE BERGMAN TO THE YOUTH COUNCIL." MOTION BY COMMISSIONER ELLIOTT. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION FOLLOWED ON RELATIVES SERVING ON THE SAME ADVISORY BOARD. ATTORNEY GARGANESE NOTED THAT WOULD NOT BE PERMISSIBLE. COMMISSIONER ELLIOTT ASKED THAT HIS MOTION BE WITHDRAWN THE COMMISSION UNANIMOUSLY CONSENTED. "MOTION TO RESCIND APPOINTMENT OF BRAXTON BERGMAN TO THE YOUTH COUNCIL." MOTION BY COMMISSIONER ELLIOTT. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION. VOTE: BENTON (AYE); CANNON (AYE); JOHNSON (AYE); ELLIOTT (AYE) MOTION CARRIED 4-0. "MOTION TO APPOINT ELIANA GERON TO THE YOUTH COUNCIL." MOTION BY COMMISSIONER ELLIOTT. SECONDED BY COMMISSIONER CANNON. DISCUSSION. VOTE: BENTON (AYE); CANNON (AYE); JOHNSON (AYE); ELLIOTT (AYE) MOTION CARRIED 4-0. "MOTION TO APPOINT ELISE CORLEY TO THE YOUTH COUNCIL." MOTION BY COMMISSIONER ELLIOTT. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION. VOTE: BENTON (AYE); CANNON (AYE); JOHNSON (AYE); ELLIOTT (AYE) MOTION CARRIED 4-0. 501)New Business Manager Boyle noted he was looking for Commission action on the emergency that currently exists related to the East wastewater treatment plant. Specifically he noted he was looking for authority to expend funds not to exceed $300,000 until such time as we know what is happening - next 30 days. Manager Boyle noted he had made commitments for equipment but no expenditures had been made to date. "MOTION TO RATIFY EMERGENCY DECISION OF THE CITY MANAGER AND AUTHORIZE EXPENDITURES OF UP TO $300,000 WITH A REPORT BACK TO US AS THOSE EXPENDITURES ARE MADE." MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER BENTON. DISCUSSION. VOTE: CANNON (AYE); ELLIOTT (AYE); JOHNSON (AYE); BENTON (AYE) MOTION CARRIED 4-0. REPORTS 600)City Manager Shawn Boyle • Noted fencing was going up in Torcaso Park as staff worked on the future pavilion. 601)City Attorney Anthony A. Garganese • No report 602)City Clerk Christian Gowan • No report 603)Seat Two Commissioner Kevin Cannon Noted his attendance at a fundraiser for the Poe family 604)Seat Three Commissioner/Deputy Mayor Ted Johnson • Noted hearing concerns about surveying team and commented that this work was not related to a planned expansion of State Road 434 but rather for the reclaimed water supply expansion which would connect hundreds of residents. • Commented on the City's9/1120t" anniversary ceremony and noted hethought it was very appropriate and that every speaker looked through a different lens. • Noted the upcoming food truck event at Trotwood Park on September 23,2021. 605)Seat Four Commissioner TiAnna Hale • Not present 606)Seat Five Commissioner Rob Elliott CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, SEPTEMBER 13, 2021 1 PAGE 10 . • Reiterated comments about 9/11 event and suggested printing the words of Amazing Grace on the back of programs so everyone can sing at a future event. • Provided an update on the Helping Hands Initiative and noted potentially postponing the event due to an inability to find people to help. • Noted he continued to receive calls about the mayoral discussion meeting and thought a date should be set soon. • Noted a recent meeting with the Homeowner's Association of Jessup's Reserve with staff and Mr. Ryan Stahl where the traffic concerns seemed to be put at ease. • Sidewalk completed • Asked about the Veterans Day celebration and noted he had someone in mind for Hometown Hero. Asked that Ms. Howard share the information with the Commission. 607) Mayor Kevin McCann • No report 608)Seat One Commissioner Matt Benton • No report PUBLIC INPUT Ms. Gina Shafer, Winter Springs Village, Winter Springs thanked the Commission for the questions they had asked the UCF Incubator at a previous meeting, thought a special meeting for businesses was needed, thanked the Commission for their actions to protect the City water, and discussed the possibility of lining the streets with flags for certain events. Brief discussion followed on the possibility of placing banners on poles with pictures of veterans. ADJOURNMENT Deputy Mayor Johnson adjourned the meeting at 9:05 PM. RESPECTFULLY SAUBM17T : CHRISTIAN GOWAN CITY CLERK APPROVED: MAYOR KEVIN McCANN too .o M ` 0,� S NOTE: These Minutes were approved at the October 25,2021 City Commission Regular Meeting. . •