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Home My WebLink About2022 04 25 Consent 302 - Approval of the Minutes from the Monday, March 28, 2022 City Commission Regular Meeting • CONSENT AGENDA ITEM 302 n, CITY COMMISSION AGENDA I APRIL 25, 2022 REGULAR MEETING 1959 TITLE Approval of the Minutes from the Monday, March 28, 2022 City Commission Regular Meeting SUMMARY RECOMMENDATION Staff recommends the Commission approve the Minutes from the Monday, March 28, 2022 City Commission Regular Meeting as presented. 1 CITY COMMISSION rn�orporac59 195P E G U LA R MEETING MINUTES .a MONDAY, MARCH 28, 2022 AT 6:30 PM CITY HALL- COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA 2 CALL TO ORDER Mayor Kevin McCann called the Regular Meeting of Monday, March 28, 2022 of the City Commission to order at 6:3S 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 Kevin Cannon, present Commissioner Matt Benton, present via phone Commissioner Ted Johnson, present via phone Commissioner TiAnna Hale, present Commissioner Rob Elliott, present City Manager Shawn Boyle, present City Attorney Anthony A. Garganese, present Assistant to the City Clerk Tristin Motter, present "MOTION TO APPROVE AS AMENDED." MOTION BY DEPUTY MAYOR CANNON. SECONDED BY COMMISSIONER HALE. DISCUSSION. MOTION PASSED WITH UNANIMOUS CONSENT. *AGENDA NOTE—THE AGENDA WAS DISCUSSED IN THE ORDER THAT FOLLOWS* AWARDS AND PRESENTATIONS 100) Water Conservation Month Proclamation Mayor McCann introduced and read into the record the Proclamation for "Water Conservation Month". The Proclamation was presented to Ms. Susan Davis, Intergovernmental Coordinator, Saint Johns River Water Management District. Ms. Davis thanked the City, noted they were doing excellent, and thanked Mr. Art Gallo for being the "Water Conservation Hero". 101) 2021 Annual Comprehensive Financial Report Mrs. Donna Bruno, Interim Finance Director began by sharing the City had been awarded the Excellence in Financial Reporting certificate and then introduced Mr. Ron Whiteside, Partner,1S60 Orange Ave, Suite 4S0, Winter Park, Florida, 32789 from Purvis Gray who gave a presentation of the audit results and relayed the audit went very well. An overview on what the auditor reviews, looks for, and, in turn, reports on the audit was given for those in attendance. Financial highlights from the "General", "Enterprise" and "Pension" funds were presented to the Commission. Several questions were asked regarding how interacting with City staff went, the process of the audit, and specific line codes within the review. Questions regarding any concerns on the City's Pension were additionally asked and it was relayed there were CITY COMMISSION MINUTES I PECULAP MEETINC I MONDAY, MAPCH 28, 2022 1 PACE 2 OF 9 3 no concerns. Manager Boyle thanked the Board of Trustees for their knowledge and contributions they voluntarily put forth for the City's pension. Additionally, thanks was given to the Staff and Purvis Gray by the Commission and City Manager. Additional discussion ensued regarding the budget buffer the City has and if itwould affect the APPA [American Rescue Plan Act] funds. Manager Boyle explained the City likes to maintain at least two months of operating funds. "MOTION TO ACCEPT THE 2021 ANNUAL COMPREHENSIVE FINANCIAL REPORT." MOTION BY DEPUTY MAYOR CANNON. SECONDED BY COMMISSIONER HALE. DISCUSSION. MOTION PASSED WITH UNANIMOUS CONSENT. INFORMATIONAL AGENDA 200) Not Used PUBLIC INPUT Mr. Robert Miller, 679 Silvercreek Drive, Winter Springs, Florida expressed his opinion on taxes within the City stating that he understood nothing isfree and to have a good quality of life you may need to pay more in taxes. Mr. Art Gallo, 199 Nandina Terrace, Winter Springs began by agreeing with Mr. Miller on if the city needs to increase the taxes that it would be beneficial for the residents. Mr. Gallo additionally thanked the Mayor and Commission for issuing two proclamations and suggested the City to put the proclamations on the website. "I MAKE A MOTION THAT WE PERMIT FORMER COMMISSIONER MILLER TO ADDRESS HIS SECOND PUBLIC INPUT." MOTION BY DEPUTY MAYOR CANNON. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. MOTION PASSED WITH UNANIMOUS CONSENT. Mr. Robert Miller, 679 Silvercreek Drive, Winter Springs, Florida expressed concern about traffic and wanting to implement a traffic calming device on Shore Road. Ms, Deborah Larson, 424 Michael Blake Blvd, Winter Springs. Florida brought forth concerns about street signs stating Michael Blake Boulevard being private property at the Savoy Retirement Residence. Staff confirmed the street has been conveyed to the City and is no longer private. CITY COMMISSION MINUTES I RECULAR MEETINC I MON DAY, MARCH 28, 2022 1 PACE 3 OF 94 Mrs Gina Shafer, Winter Springs Village, Winter Springs relayed past events she experienced with the developers for the Hickory Grove Townhome project and thanked the Commission for listening to what she and other citizens had to say. Mr. Ron Ligthart, 1036 Winding Water Circle, Win ter Springs, Florida spoke regarding taxes and millage rates and additionally expressed support for Ukraine. CONSENTAGENDA 300)Annual Review No discussion. PUBLIC HEARINGS AGENDA 400) Second Reading/Adoption of Ordinance 2021-07, an Ordinance of the Citi Commission of the City of Winter Springs. Florida,amending the text of the City's Comprehensive Plan related to the Capital Improvements Element. City Attorney Anthony Garganese read the Ordinance by title only. Mr. Christopher Schmidt, Community Development Director confirmed there was no objection from the Department of Economic Opportunity. Deputy Mayor Cannon confirmed the ordinance had the correction requested by the Commissioner included. Mayor McCann opened "Public Hearing"for Item 400 No one addressed the Commission Mayor McCann closed "Public Hearing"for Item 400 "MOTION TO APPROVE ORDINANCE 2021-07 FOR THE FINAL READING." MOTION BY DEPUTY MAYOR CANNON. SECONDED BY COMMISSIONER HALE. DISCUSSION. VOTE: HALE (AYE);JOHNSON (AYE); CANNON (AYE); ELLIOTT (AYE); BENTON (AYE) MOTION CARRIED 5-0. 401)Second Reading/Adoption of Ordinance 2021-08, 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 Recreation and Open Space Element. City Attorney Garganese read the Ordinance by title only. Commission verified no changes were made and Staff confirmed no changes were made since the first hearing of Ordinance 2021-08. Mayor McCann opened "Public Hearing"for Item 401 CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, MARCH 28, 2022 1 PAGE 4 OF 95 No one addressed the Commission Mayor McCann closed "Public Hearing"for Item 401 "I MAKE A MOTION TO APPROVE ORDI NANCE 2021-08 ON FI NAL READI NG." MOTION BY DEPUTY MAYOR CANNON.SECONDED BY COMMISSIONER HALE. DISCUSSION. VOTE: CANNON (AYE);JOHNSON (AYE); ELLIOTT (AYE); BENTON (AYE); HALE (AYE) MOTION CARRIED 5-0. 402)Adopt on Second Reading Ordinance No. 2022-03 clari in and�mendin�the City Commission Rules of Conduct City Attorney Garganese read the Ordinance by title only and verified the previously discussed phrase changes the Commission wanted were included. Mayor McCann opened "Public Hearing"for Item 402 No one addressed the Commission Mayor McCann closed "Public Hearing"for Item 402 "MOTION TO ADOPT ON SECOND READING ORDINANCE 2022-03." MOTION BY COMMISSIONER HALE. SECONDED BY COMMISSIONER ELLIOTT. DISCUSSION. VOTE:JOHNSON (AYE); HALE (AYE); CANNON (AYE); BENTON (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. 403)Choices in Learning, Inc. Amendments to Development Agreement Mr. Schmidt reviewed the proposed Amendments of the Choices in Learning, Inc. Developers Agreement regarding fencing height for school security purposes and electronic signage for announcements. Mayor McCann asked for clarification on sign location and it was relayed that the sign would be located inside the drop-off area off Hicks Avenue for parents and children. Additional questions were asked in regards to advertisements being posted on the electric sign. Ms. Erin Mandell, Principal, Choices in Learning confirmed the sign would only be used for announcements and communication. Mayor McCann opened the "Public Hearing"for Item 403 Mr. Art Gallo, 199 Nandina Terrace, Winter Springs, Florida gave comments on the fence height and expressed support for raising it. CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, MARCH 28, 2022 1 PACE S OF 9 6 Mr. Julien Nog ues, 7475 Rushing Rapids Way, Winter Springs, Florida is the Vice Chairperson for the "Choices in Learning" Board of Directors and he expressed gratitude for the Commission agreeing to the fence height change and relayed that safety of the kids is a top priority. Mayor McCann closed "Public Hearing"for Item 403 "MOTION TO APPROVE THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR CHOICES IN LEARNING; REVISED ITEM 403." MOTION BY DEPUTY MAYOR CANNON. SECONDED BY COMMISSIONER HALE. DISCUSSION. VOTE: BENTON (AYE); ELLIOTT (AYE); HALE (AYE); CANNON (AYE);JOHNSON (AYE) MOTION CAPRI ED 5-0. REGULAR AGENDA 500) New Business City Manager Boyle brought to the attention of the Commission an application made out to Seminole County for a requested rezoning of a enclave parcel adjacent to Tuskawilla Crossings and the Savoy Gracious Retirement Living Facility. Manager Boyle noted that Staff was opposed to the rezoning and recommended the Commission take an official position on the rezoning and direct the City Attorney to take official action on behalf of the City. Manager Boyle explained the rezoning request to change the current split zoning of M-1 Industrial (font portion of parcel 01- 21-30-501-0000-0330) and A-1 Agricultural (back portion of parcel) to full M-1 Industrial for the entire parcel. Deputy Mayor Cannon suggested that the Commission request City Attorney Garganese to prepare an analysis, adopt a formal resolution and represent the City to show its opposition at the County Commission and Planning Committee meetings. The rest of the dais showed support on the opposition for the rezoning and to have legal represent the City's stand. City Attorney Garganese further explained what could be proposed for future construction, within a rezoned M-1 (Industrial) area, if the rezoning were approved. "MOTION TO EXTEND THROUGH FINAL PUBLIC INPUT." MOTION BY COMMISSIONER ELLIOTT. SECONDED BY DEPUTY MAYOR CANNON. DISCUSSION. MOTION PASSED WITH UNANIMOUS CONSENT The Commission voiced concerns regarding the applicant circumventing the City's Town Center Code and process for annexation but noted they were not opposed to storage facilities in general. CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, MARCH 28, 2022 1 PAGE 6 OF 97 Questions ensued on if it was appropriate for the City Attorney to reach out to other County Departments to get their opinion on the rezoning. City Attorney Garganese relayed that, at the City's direction to represent as the City opposing, legal would look at all the possible issues and angles relative to the request. "I MAKE A MOTION THAT THE COMMISSION DIRECT THE CITY ATTORNEY, WITH THE SUPPORT OF THE CITY MANAGER, DEVELOPMENT STAFF, AND CONSULTANTS TO REVIEW THIS APPLICATION PENDING WITH THE COUNTY; THE CRITERIA THAT THE COUNTY WOULD FOLLOW FOR THE TYPE OF REZONING, INCLUDING COMPATIBILITY AND CONSISTENCY WITH THEIR ORDINANCES, COUNTY COMPREHENSIVE PLAN, THE NEWLY ADOPTED PROPERTY OWNERS BILL OF RIGHTS ELEMENT AND ALL OTHER MATTERS TO PRESENT A FORMAL OPPOSITION FOR THE REZONING WITH HASTE BEFORE IT GOES TO COUNTY COMMISION FOR FINAL DECISION." MOTION BY DEPUTY MAYOR CANNON. SECONDED BY COMMISSIONER HALE. DISCUSSION. VOTE: ELLIOTT (AYE); JOHNSON (AYE); BENTON (AYE); HALE (AYE); CANNON (AYE) MOTION CARRIED 5-0. REPORTS 600) City Manager Shawn Boyle • No report 601)City Attorney Anthony A. Garganese • No report 602) City Clerk Department (Tristin Motter) • No report 603) Mayor Kevin McCann • Noted good attendance at City events • Gave an update on contacting the Youth Councils at the High schools • Reminded the City that the Chamber of Commerce had a very active role, as requested by the Commission, to bring in businesses to the City and detailed some of the work they did in the community. 604)Seat One Commissioner Matt Benton • Noted he received calls about traffic on Shore Road. 605)Seat Two Commissioner/Deputy Mayor Kevin Cannon • Commended the City Manager Shawn Boyle and the City's finance team for the work they do. • Addressed the public input regarding utilities and millage rates and said that the City would have to further evaluate. 606) Seat Three Commissioner Ted Johnson • Shared support and respect for staff. Additionally appreciated the communication from staff with the Commission. 607)Seat Four Commissioner TiAnna Hale • Noted attendance to the event held in Venetian Square and thanked staff for their hard work • Relayed citizen concerns for the upcoming hurricane season and certain areas around the City. • Thanked residents and staff 608)Seat Five Commissioner Rob Elliott • Acknowledge how the City Commission conveyed a "Vote of Confidence" upon the City Manager and staff and a few weeks later the Commission received a very positive report on the City's financial status. • Spoke with Ms. Christin Berges, the Police Department Crime Analyst • Noted his wife wanted to thank everyone for the compliments on the cookies. PUBLIC INPUT Mr. Art Gallo, 799 Nandina Terrace, Winter Springs offered congratulation about the City's financial status. Mr. Gallo also supported the Commission's decision regarding the rezoning and suggested the City give a recommendation to the County. Additionally, Mr. Gallo reminded the commission that Water Conservation Month is April and relayed some of his research from the University of Florida. Ms Gina Shafer, Winter Springs Village, Winter Springs spoke regarding the rezoning and relayed that when the properties were sold within the unincorporated Seminole Countyarea theywere supposed to get annexed into the city. Mrs. Shafer additionally volunteered to talk to the County regarding the rezone on behalf of the City. Ending Mrs. Shafer thanked Mr. Schmidt for answering all her questions. Rabbi Maurice Kaprow, PO Box 795233, Winter Springs voiced appreciation for the commission and staff regarding the auditor results and expressed the City not to listen to the negative comments being posted because the results speak for themselves. Rabbi Kaprow additionally showed support for the City's opposition on the rezoning and volunteered to help if needed. CITY COMMISSION MINUTES I PECULAP MEETINC I MONDAY, MAPCH 28, 2022 1 PACE 8 OF 9 9 ADJOURNMENT Mayor McCann adjourned the meeting at 9:05 PM. RESPECTFUL L Y SUBMI TIED.' TRISTIN MOTTER ASSISTANT CITY CLERK APPROVED.' MAYOR KEVIN McCANN NOTE: These Minutes were approved at the 2022 City Commission Regular Meeting. CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, MARCH 28, 2022 1 PAGE 9 OF 9 10