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HomeMy WebLinkAbout2022 01 10 Consent 304 - Approval of the December 13, 2021 City Commission Regular Meeting Minutes CITY COMMISSION Incorporated 1959 REGULAR MEETING MINUTES MONDAY, DECEMBER 13, 2021 AT 6:30 PM CITY HALL- COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA 20 CALL TO ORDER Mayor Kevin McCann called the Regular Meeting of Monday, December 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 Deputy Mayor Ted Johnson, present Commissioner Matt Benton, present Commissioner Kevin Cannon, present Commissioner TiAnna Hale, present Commissioner Rob Elliott, present City Manager Shawn Boyle, present City Attorney Anthony A. Garganese, present City Clerk Christian Gowan, present Mayor McCann noted that the contract related to Item 300 was for a term of five (5) years rather than one (1) with four (4) one-year extensions and confirmed that the document had been revised to reflect this. Commissioner Hale asked that Item 302 be discussed prior to passage of the Consent Agenda. There were no objections. AWARDS AND PRESENTATIONS 100) Presentation of Proclamation to VFW Mayor McCann spoke about the many activities the local VFW is involved with, invited members in attendance to stand with the Commission, and read a proclamation. Commissioner Hale and Deputy Mayor Johnson presented artwork, made by former Hometown Hero Mr. Emil Abrahamian, to the representatives from the VFW. 101) Wastewater Treatment Process Selection Mr. Jason Norberg, Director, Public Works and Utilities Department introduced himself, reviewed his background, and then introduced representatives of Carrollo Engineers, Inc. Mr. Scott Richards, Infrastructure Design Manager and Mr. Brian Graham, Vice President to discuss wastewater treatment process selection for the city. Discussion followed on the formation of a selection committee, including staff and CITY COMMISSION MINUTES I PEGULAP MEETING I MONDAY, DECEMBEP 13, 2021 1 PAGE 2 OF 11 21 non-voting technical advisors, Advanced Wastewater Treatment (AWT) processes, addressing odors, the importance of communication throughout the process and compliments on the videos and information that has been shared, and the timeline for this process. Mr. Norberg noted, dependent on factors including contractor availability and procurement considerations,the Citywas aiming for a three to fouryear timeline. Mr. Norberg also noted conceptual design reports were due to be completed in March and that the findings would be presented to the Commission. Manager Boyle thanked Attorney Garganese, the Mayor and Commission, Mr. Norberg, and Carrollo for their support and partnerships. 102)Central Florida Expressway Authority 2045 Master Plan Mr. Will Hawthorne, Director of Engineering, Central Florida Expressway Authority (CFX) presented on the 2045 Master Plan and noted seeking input from communities via survey and encouraged participation. Discussion followed on various projects and roadways, the distinction between the CFX and the Turnpike Authority, and timelines related to the Brightline high speed rail project. The Commission expressed an interest in having the Turnpike Authority attend a future Commission meeting. INFOPMATI®NAL AGENDA 200)Current Development Projects Summary No discussion. "MOTION TO EXTENDTHE MEETINGTHP®UGH SECOND PUBLIC INPUT." MOTION BY COMMISSIONED ELLIOTT. SECONDED BY COMMISSIONED CANNON. DISCUSSION. MOTION PASSED WITH UNANIMOUS CONSENT. Mr. Art Ga//o, 799, Nandina Terrace, Winter Springs complimented the police department, noted his participation in the Citizen Police Academy, and encouraged others to participate. Mr. Dan Lemhoff, 208 Bennett Street, Winter Springs shared concerns about code enforcement issues near his home. CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, DECEMBER 13, 2021 1 PAGE 3 OF 11 22 Mr. William Morrisey, 965 Sequoia Drive, Winter Springs spoke about code enforcement concerns, a potential filing of service violation, and commented about the recent transition of dispatch services. Ms Gina Shafer, Winter Springs Village, Winter Springstha n ked the Commission for their handling of water issues, complimented the informative videos that had been made, noted concerns about trees, reiterated she would like meetings televised, and asked about the traffic signal on Michael Blake. CONSENT AGENDA 300) Sissine's Business Solutions- Copier Lease Mayor McCann reiterated that the length of the contract term was five (5) years. 301) Purchase of Three (3) Ford RSO Trucks Funded by Water & Sewer Utility Appropriation from Fund Balance. No discussion 302) Resolution Authorizing the City to join MOU and agreements for opioid settlement funds Commissioner Hale asked for discussion on Item 302, mentioned a potential task force being developed bythe Florida League of Cities, and noted her interest in being involved. Further discussion followed on potential impacts on zoning powers, the intention to allocate settlement funds to the Seminole County Sheriff's Office, and the approaching deadline for action. Attorney Garganese noted he was not aware of any provision that would impact zoning powers and also explained that the settlement process would likely take many years. 303)2022 City Events& Programs No discussion 304)Approval of Minutes from the Monday, September 20, 2021 City Commission Special Meeting No discussion CITY COMMISSION MINUTES I PEGULAP MEETING I MONDAY, DECEMBEP 13, 2021 1 PAGE 4 OF 11 23 305)Approval of Minutes from the Monday, November B, 2021 City Commission Regular Meeting No discussion. "MOTION TO APPROVE CONSENT AGENDA WITH REVISED ITEM 300." MOTION BY KEVIN CANNON. SECONDED BY TED JOHNSON. DISCUSSION. VOTE: BENTON (AYE); CANNON (AYE);JOHNSON (AYE); HALE (AYE); ELLIOTT (AYE) MOTION CARPI ED 5-0. PUBLIC HEARINGS AGENDA 400) Final adoption of Ordinance 2021-06,an Ordinance of the City Commission of the City of Winter Springs. Florida, amending the tent of the Ci 's Comprehensive Plan to include a Property Pights Element as required by law. Attorney Garganese read Ordinance 2021-06 by title only, reviewed previous action, and noted no comments were provided from the Department of Economic Opportunity. Discussion followed on the applicability of the element to existing homeowners and other property owners, the possibility of adopting a separate ordinance, potential adverse impacts on existing ordinances, the need to adopt this element before others could be transmitted, and the possibility making changes in the future. Attorney Garganese noted that Section Five (5) of the Ordinance could be removed to allay concerns about possibly nullifying existing ordinances. Mayor McCann opened the Public Hearing for Item 400. No one spoke. Mayor McCann closed the Public Hearing for Item 400. "MOTION TO ADOPT OPDINANCE 2021-06 AS PEVISED TO DELETE SECTION 5 THEREFROM AND RENUMBER THE THREE FOLLOWING SECTIONS ACCORDINGLY." MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER HALE. DISCUSSION. VOTE: BENTON (AYE); CANNON (AYE);JOHNSON (AYE); HALE (AYE); ELLIOTT (AYE) MOTION CARPI ED 5-0. CITY COMMISSION MINUTES I PEGULAP MEETING I MONDAY, DECEMBEP 13, 2021 1 PAGE 5 OF 11 24 401) Review of Ordinance 2021-07, an Ordinance of the City Commission of the City of Winter Springs, Florida, amending the text of the City's Comprehensive Plan related to the Capital Improvements Element. "MOTION TO READ BY TITLE ONLY." MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER HALE. DISCUSSION. MOTION PASSED WITH UNANIMOUS CONSENT. Attorney Garganese read Ordinance 2021-07 by title only. Mr. Schmidt reviewed requirements, language additions, and staff's recommendation of approval Discussion followed on proposed language changes to allow for greater flexibility in the spending of capital funds, the annual review of the capital improvement plan, and language added related to school capacity and land use approval decisions. Mayor McCann opened the Public Hearing for Item 407 No one spoke Mayor McCann closed the Public Hearing for Item 407 "MOTION TO APPROVE ORDINANCE 2021-07 AS REVISED FOR POLICY 1.5.9 TO READ AS FOLLOWS, 'RESERVE TOTAL PROCEEDS FROM THE SEMINOLE COUNTY LOCAL OPTION SALES TAX (1CTX) FOR AUTHORIZED CAPITAL PROJECTS."' MOTION BY COMMISSIONER CANNON. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION. VOTE: BENTON (AYE); CANNON (AYE);JOHNSON (AYE); HALE (AYE); ELLIOTT (AYE) MOTION CARPI ED 5-0. 402)Approval on First Reading Ordinance 2021-09 amending Section 20-452 of the City Code related to Home Occupations or Home Offices to comply with recent legislation adopted bythe Florida legislature related to Horne-Based Businesses. "MOTION TO APPROVE READING ORDINANCE BY TITLE ONLY." MOTION BY COMMISSIONER HALE. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION. MOTION PASSED WITH UNANIMOUS CONSENT. Attorney Garganese read Ordinance 2021-09 by title only. CITY COMMISSION MINUTES I PEGULAP MEETING I MONDAY, DECEMBEP 13, 2021 1 PAGE 6 OF 11 25 Attorney Garganese then noted the Ordinance was a result of a preemption by the State Legislature, reviewed existing City Code and noted necessary repeal of existing legislation. Attorney Garganese noted some ability to interpret and that no preemptions applied to deed restrictions, covenants and restrictions. It was also determined that the City had the ability to preserve vacation rental regulations that already exist. Discussion followed on impacts this could have on other ordinances, timeline for adoption, proposed legal action to oppose the preemption, concerns about the erosion of home rule, and the desire to hold off on taking action until more research could be done. Mayor McCann opened the Public Hearing for Item 402 Ms Gina Shafer, Winter Springs Village, Winter Springs noted concerns about the types of businesses that the ordinance would allow to take place in homes. Mr. Ken Spatlthoff, 337 Wooded One Drive, Winter Springs shared his thoughts that the prevalence of HOAs might help prevent this from being an issue. Mr. Maurice Kaprow, P.O. Box 795233, Winter Springs commended the dais for stepping up and opposing this ordinance. Mr. Art Gallo, 799 Nand/na Terrace, Winter Springs spoke about concerns with the Legislature's preemptions Mayor Mccann closed the Public Hearing for Item 402 "MOTION TO POSTPONE FURTHER CONSIDERATION OF AGENDA ITEM 402 AND REQUEST CITY ATTORNEY AND STAFF DO AN ANALYSIS OF WHAT EXISTING PROTECTIONS WE HAVE ON OUR BOOKS PRESENTLY, NOT WITHIN HOME-BASED BUSINESS ORDINACE AS PRESENTLY WORDED AND ALSO REACH OUT TO THE FLORIDA LEAGUE OF CITIES (FLC) AND WORK COLLABORATIVELY." MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER BENTON. DISCUSSION. VOTE: BENTON (AYE); CANNON (AYE);JOHNSON (AYE); HALE (AYE); ELLIOTT (AYE) MOTION CAPPI ED 5-0. REGULAR AGENDA 5OO) Non-Binding Preliminary Review for Lake Emma Properties, LLC Mayor McCann reviewed the purpose of Non-Binding hearings. CITY COMMISSION MINUTES I PEGULAP MEETING I MONDAY, DECEMBEP 13, 2021 1 PAGE 7 OF 11 26 Manager Boyle introduced the proposed project and noted the applicant was in attendance with a presentation. Mr. Joseph Schwartz presented the proposed project and noted some concerns. Manager Boyle noted the previous agreement about the applicant's presentation and their agreement to not ask for any binding decisions. Presentation continued on the proposed townhomes project. The Commission asked questions about proposed recreation areas, design elements, parking considerations, buffering, the potential for single-family homes being developed, and possible wetland impacts. The Commission also encouraged the applicant to engage with surrounding communities throughout the process. 501)Selection of a Communications and Branding Services Vendor Ms. Casey Howard, Deputy City Manager introduced the item and reviewed the scope of services being sought by the City. Ms. Howard noted there were three (3) proposals responsive to the minimum requirements and that Staff was seeking further direction. Discussion followed on the level of service offered by the respondents, the need to market the Greenway Interchange District, and a desire that the community be involved in the process. The Commission agreed that Consensus was their preferred candidate. "MOTION TO APPROVE MOVING FORWARD WITH CONSENSUS AS THE COMMUNICATIONS AND REBRANDING SERVICES PROVIDER." MOTION BY COMMISSIONER HALE. SECONDED BY COMMISSIONER CANNON. DISCUSSION. VOTE: BENTON (AYE); CANNON (AYE);JOHNSON (AYE); HALE (AYE); ELLIOTT (AYE) MOTION CARPI ED 5-0. 502)2022 Calendar of Meetings and Holidays Discussion followed on adding meeting frequency of each Board to the City website, the need to review advisory boards regularly to determine how they are doing, and the need to streamline appointments. Brief discussion also followed on the Youth Council with the Commission agreeing that theywould like to discuss ideas at a future meeting. CITY COMMISSION MINUTES I PEGULAP MEETING I MONDAY, DECEMBEP 13, 2021 1 PAGE 8 OF 11 27 "MOTION TO APPROVE THE PROPOSED 2022 CALENDAR OF MEETINGS AND HOLIDAYS." MOTION BY DEPUTY MAYOR JOHNSON. SECONDED BYCOMMISSIONER CANNON. DISCUSSION. VOTE: BENTON (AYE); CANNON (AYE);JOHNSON (AYE); HALE (AYE); ELLIOTT (AYE) MOTION CAPRI ED 5-0. 503) Deputy Mayor Nomination COMMISSIONER JOHNSON NOMINATED COMMISSIONER KEVIN CANNON. COMMISSIONER HALE NOMINATED HERSELF. VOTE: BENTON (CANNON); CANNON (CANNON);JOHNSON (CANNON); HALE (HALE); ELLIOTT (HALE) Commissioner Kevin Cannon was elected as the Deputy Mayor for Calendar Year 2022. 504)Appointment Opportunities for City Boards and Committees Mayor McCann announced that he would nominate Dr. Kurt Miericke and Mr. Howard Parsons for the 2022 Districting Commission. Commissioner Hale nominated Ms. Loretta Ames for the 2022 Districting Commission. "MOTION TO APPOINT CHARLES TABSCOTT TO THE PARKS AND RECREATION ADVISORY COMMITTEE." MOTION BY COMMISSIONER JOHNSON. SECONDED BY COMMISSIONER HALE. DISCUSSION. MOTION PASSED WITH UNANIMOUS CONSENT. "MOTION TO APPOINT ARIF FAREED TO THE BOARD OF TRUSTEES." MOTION BY COMMISSIONER BENTON. SECONDED BY COMMISSIONER CANNON. DISCUSSION. MOTION PASSED WITH UNANIMOUS CONSENT. 505) New Busir CITY COMMISSION MINUTES I PEGULAP MEETING I MONDAY, DECEMBEP 13, 2021 1 PAGE 9 OF 11 28 Deputy Mayor Cannon noted the previous recognition of Allan Harris and brought up the possibility of issuing a proclamation for Donna Walsh from the Florida Department of Health. Palm trees planted on marketplace property Commissioner Johnson noted that hewould liketo hearfromthe Turnpike Authority at an upcoming meeting and the sooner the better. 506)ADD-ON: Public Input Discussion Brief discussion followed on current policies, potential changes, and the need to make clear what was and wasn't permissible during public input. REPORTS 600) City Manager Shawn Boyle • Recognized dedicated staff Mike Krist, Brian Dunigan, Clifton Mullis... • 2/1/2022 Fire Department now considered Class 1 Fire Department; 601) City Attorney Anthony A. Garganese • No report 602) City Clerk Christian Gowan • No report 603) Mayor Kevin McCann • Noted attendance at the parade • Presented certificate of completion for IEMO II to Commissioner Benton 604) Seat One Commissioner Matt Benton • Encouraged Commissioners, if they have not already,to attend the Institute for Elected Municipal Officers. 605) Seat Two Commissioner/Deputy Mayor Kevin Cannon • Thanked Commissioners for their trust • Offered praise for City events and staff 606) Seat Three Commissioner Ted Johnson • Thought the Advisory Board Dinner was well done • Thought the Winter Wonderland events were excellent • Noted his attendance at the senior luncheon 607) Seat Four Commissioner TiAnna Hale • Praised staff and the great events that were put on. CITY COMMISSION MINUTES I PEGULAP MEETING I MONDAY, DECEMBEP 13, 2021 PAGE 10 OF 1129 • Thanked the Mayor and Commissioner Benton for coming out to the VFW for the Eagle Scout Memorial Garden Project • Noted her attendance at CALNO and thought it was a great benefit. 608) Seat Five Commissioner Rob Elliott • Encouraged all to be on the lookout for City's floating Christmas trees • Noted his attendance at the Veterans Advisory Committee and thought it was a productive group. PUBLIC INPUT Mr.Art Gallo, 799Nandina Terrace, WinterSpringsshared concerns about any change to public input. Ms Gina Shafer, Winter Springs Village, Winter Springs thought the Commission should announce people that were present in the Chambers, shared ideas for the Youth Council, and shared concerns about the proposed Lake Emma project Mr. Maurice Kaprow, P.O. Box 795233 , Winter Springs shared concerns about residents being able to stay involved when meetings went on until midnight. ADJOURNMENT Mayor McCann adjourned the meeting at 12:09 AM. RESPECTFUL L Y SUBMI TTED.- CHRISTIAN GOWAN CITY CLERK APPROVED.' MAYOR KEVIN McCANN NOTE: These Minutes were approved at the 2021 City Commission Regular Meeting. CITY COMMISSION MINUTES I REGULAP MEETING I MONDAY, DECEMBEP 13, 2021 1 PAGE 11 OF 11 30