HomeMy WebLinkAbout2021 10 25 Consent 305 - Minutes from the Monday, September 27, 2021 City Commission Regular Meeting CITY COMMISSION
Incorporated
1959 REGULAR MEETING
MINUTES
MONDAY, SEPTEMBER 27, 2021 AT 6:30 PM
CITY HALL- COMMISSION CHAMBERS
1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA
379
CALL TO ORDER
Mayor Kevin McCann called the Regular Meeting of Monday, September 27, 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 Kevin McCann, present
Deputy Mayor Ted Johnson, present
Commissioner Matt Benton, present
Commissioner Kevin Cannon, absent
Commissioner TiAnna Hale, present
Commissioner Rob Elliott, present
City Manager Shawn Boyle, present
City Attorney Anthony A. Garganese, present
City Clerk Christian Gowan, present
AWARDS AND PRESENTATIONS
100) Presentation Honoring Alex Gibson's Service to the City
Mayor McCann spoke and read a plaque, presented to Mr. Terry Gibson, in honor of
his son, Alex Gibson's service to the City of Winter Springs.
101) Police Department Presentations
Chief Deisler first recognized Mr. Gibson and expressed his condolences for the loss
of his son.
Chief Deisler then recognized Officer Robert Stephens, being promoted to the rank
of Sergeant and Sergeant Keith Whitmore, being promoted to the rank of
Lieutenant. Chief Deisler spoke of their accomplishments and their families came up
to pin their badges.
102) Presentation from Scott Dudley, Florida League of Cities
Mr. Scott Dudley, Director, F/eldAdvocacyand FederalAffairs, Florida League of Cities
presented on home rule and the work of the Florida League of Cities. Mr. Dudley
noted that the 2022 Legislative Session would begin in January 2022 and shared
information on how to be engaged in the process.
CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, SEPTEMBER 27, 2021 1 PAGE 2 OF 10
380
INFORMATIONAL AGENDA
200) Informing the City Commission of the Upcoming Requirement for
Appointments to the 2022 Winter Springs Districting Commission
No discussion
PUBLIC INPUT
Mr. Art Gallo, 799 Nandina Terrace, Winter Springs spoke about information
presented at the September 20, 2021 City Commission Special Meeting - his whole
letter was previously sent to the Commission and will be included attached to the
minutes.
Ms Gina Shafer, Winter Springs Village, Winter Springs shared questions she had
related to suggestions at the 9/20 meeting. Wondered about maintenance, or lack
thereof, at the water/wastewater plants.
CONSENT AGENDA
300)City of Winter Springs Defined Benefit Plan October 1, 2020 Actuarial Valuation
Report
No discussion
301) FY 2022 Resurfacing
No discussion
302)West WWTP Reliability Improvements. SGS Contracting Services, Inc./Synagro
Contract Modification
No discussion
303)SCADA (Supervisory Control and Data Acquisition) Contract rider, West WRF
SCADA Improvements and Lift Station 7W SCADA Improvements, Contract and
Scope of Work Award
No discussion
304)West WRF Temporary Disk Filter,Vendor Selection and Award
No discussion
30S)West WRF Temporary Storage Tank and Emergency Pump, Vendor Selection
and Award
No discussion
CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, SEPTEMBER 27, 2021 1 PAGE 3 OF 10 01
306)West WPF Temporary Belt Press,Vendor Selection and Award
No discussion
"MOTION TO APPPOVE CONSENT AGENDA." MOTION BY DEPUTY MAYOP JOHNSON.
SECONDED BY COMMISSION EP HALE. DISCUSSION.
VOTE: BENTON (AYE);JOHNSON (AYE); HALE (AYE); ELLIOTT (AYE)
MOTION CAPPI ED 4-0.
PUBLIC HEADINGS AGENDA
400) Final Millage Pate for Fiscal Year 2021-2022
Ms. Maria Sonksen, Director, Finance Department introduced the item
Mayor McCann opened the Public Hearing for Item 400
Mr. Art Gallo, 799 Nandina Terrace, Winter Springsthought the City could use more
staff and noted he thought a water conservation coordinator would be a good
addition.
Mr. Ro,bertMiller, 679 Silver Creek Drive, Winter Springs commented on histax rates,
agreed staffing may need to be increased, and commented that he believed code
enforcement needed to be strengthened.
Mayor McCann closed the Public Hearing for Item 400
"I MOVE TO APPPOVE PESOLUTION 2021-14 ESTABLISHING THE FINAL FISCAL YEAP
2021-2022 OPEPATING MILLAGE PATE FOP THE CITY OF WINTEP SPPI NGS AT 2.4100
MILLS AND PUBLICLY ANNOUNCE THAT THE FINAL OPEPATING MILLAGE PATE OF
2.4100 MILLS IS 4.21®J GPEATEPTHAN THE COMPUTED POLLED-BACK PATE OF 2.3127
MILLS.." MOTION BY COMMISSIONED BENTON. SECONDED BY COMMISSIONED
ELLIOTT. DISCUSSION.
VOTE:JOHNSON (AYE); BENTON (AYE); HALE (AYE); ELLIOTT (AYE)
MOTION CARPI ED 4-0.
401) Final Budget for Fiscal Year 2021-2022
Ms. Sonksen introduced the item and invited any questions.
CITY COMMISSION MINUTES I PEGULAR MEETING I MONDAY, SEPTEMBEP 27, 2021 1 PAGE 4 OF 10 382
Mayor McCann opened the Public Hearing for Item 407
Mr. Art Gallo, 799 Nandina Terrace, Winter Springs commented on maintenance
dollars and asked if the Citywas planning for enough maintenance costs.
Ms Gina Shafer, Winter Springs Village, Winter Springs was supportive of an
incremental rise in tax rates to increase services and keep up with people's
expectations.
Mayor McCann closed the Public Hearing for Item 407
Manager Boyle noted the difference between the general fund and utility funds,
noted challenges, and commented on the assistance that the American Rescue Plan
Act (APPA) money would provide. .
Brief discussion followed noting previous questions about the budget, specific
workshops held, and a lot of involvement from many people.
"I MOVE TO APPROVE PESOLUTION 2021-15, ESTABLISHING THE FINAL BUDGET FOR
THE CITY OF WINTEP SPPI NGS FOP THE FISCAL YEAP COMMENCING ON OCTOBER
1,2021 AND ENDING ON SEPTEMBEP 30,2022." MOTION BY COM M ISSION EP ELLIOTT.
SECONDED BY DEPUTY MAYOP JOHNSON. DISCUSSION.
VOTE: HALE (AYE); ELLIOTT (AYE); BENTON (AYE);JOHNSON (AYE)
MOTION CARPI ED 4-0.
REGULAR AGENDA
500)Appeal of the Petition for Lien Reduction or Release for the Estate of Mel D Hall
629 Alton Road
Manager Boyle spoke briefly on the item, reviewed the history, and invited the
respondent to share additional information.
Mr. Maurice Clausen, 7088 Wild HoIIy Drive, Port Orange introduced himself,
reviewed the information provided at the last meeting and the additional
information provided as a result of the Commission's questions, and asked for a
reduction to ten percent (10%) of the original amount.
Discussion followed on lien reduction procedures, the desire for a homesteaded
buyer and repairs that had been completed, code enforcement procedures, and the
possibility of reducing the fine.
CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, SEPTEMBER 27, 2021 1 PAGE 5 OF 10
383
Attorney Garganese noted the 30-daytime frame to receive payment once a decision
was made and commented that if the time limit was not met that the original
amount of the lien would be reinstated.
Brief discussion followed on what an appropriate reduction amount might be.
"MOTION TO REDUCE LIEN TO 10% TO COVER THE CITY'S COSTS." MOTION BY
COMMISSIONER HALE. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION.
VOTE: BENTON (NAY); ELLIOTT (NAY); HALE (NAY);JOHNSON (AYE)
MOTION FAILED 1-3.
"MOTION TO REDUCE LIEN TO $2500.00" MOTION BY COMMISSIONER ELLIOTT.
SECONDED BY COMMISSIONER HALE. DISCUSSION.
VOTE: HALE (AYE); BENTON (NAY);JOHNSON (NAY); ELLIOTT (AYE); McCANN (NAY)
MOTION FAILED 2-3.
"MOTION TO APPROVE 10%." MOTION BY COMMISSIONER ELLIOTT. SECONDED BY
DEPUTY MAYOR JOHNSON. DISCUSSION.
VOTE: ELLIOTT (AYE);JOHNSON (AYE_, BENTON (AYE); HALE (AYE)
MOTION CARPI ED 4-0.
501)Appeal of a Lien Ped u ction/Pel ease Denial for 3271 N US HWY 17-92, Longwood,
FL 32750 PaceTrac Store #2344
Chief Deisler briefly introduced the item and reviewed the history of the project.
Mayor McCann briefly commented on the differences between the previous
consideration for reduction and the matter currently being discussed.
Mr. Ian Corrigan, Operations Supervisor, Racetrac Petroleum, 3277 US High way 77-92,
Longwood reviewed the case, noted the property had come into compliance in 2018,
and asked as a business partner in the communitythat some consideration be given
to reducing the amount, but that, if necessary, the full amount would be paid. Mr.
Corrigan also mentioned that all notices associated with the violation had been sent
to the company' s tax attorney rather than the corporate office.
Attorney Garganese, responding to a question about proper notice, commented that
it was his understanding that the City used the mailing address listed on the
CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, SEPTEMBER 27, 2021 1 PAGE 6 OF 10
384
Seminole County Property Appraiser's website to send notice which was a in
compliance with Florida Statutes.
Further discussion followed on the property's current compliance, if a notice was
required during the permitting process, and if a reduction was appropriate given
proper noticing.
"MOTION TO DENYTHE APPEAL FOR LIEN REDUCTION." MOTION BY DEPUTY MAYOR
JOHNSON. SECONDED BY COMMISSIONER HALE. DISCUSSION.
VOTE: ELLIOTT (AYE); HALE (AYE);JOHNSON (AYE); BENTON (AYE)
MOTION CARPI ED 4-0.
502)General Discussion on Action for Pesolution No.2021-09
Mayor McCann reviewed the September 20, 2021City Commission Special Meeting
and what the Commission had learned from the proceedings.
Discussion followed on the desire to hear from the individuals from CPH, following
up with the 2005 plan for reclaimed water expansion, efforts by Veolia and now
Corollo to make the Lake Jesup Reclaimed Water Augmentation Plant operational,
and the need to focus on current issues.
Attorney Garganese noted that he would reach out to CPH's legal representation,
provide the 2018 CDM Smith letter for their review, and work to schedule a date they
could come in.
503)Appointment Opportunities for City Boards and Committees
"MOTION TO APPOINT BPINLIE BEPGMAN TO THE YOUTH COUNCIL." MOTION BY
MAYOP McCANN. SECONDED BY DEPUTY MAYOP JOHNSON. DISCUSSION.
MOTION CAPPIED WITH UNANIMOUS CONSENT.
"MOTION TO APPOINT SATHVIK PPABHUDEVA TO THE YOUTH COUNCIL." MOTION
BY MAYOP McCANN. SECONDED BY DEPUTY MAYOP JOHNSON. DISCUSSION.
MOTION PASSED WITH UNANIMOUS CONSENT.
CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, SEPTEMBER 27, 2021 1 PAGE 7 OF 10 385
504) New Business
Commissioner Elliott asked about choosing the Hometown Hero and the possibility
of choosing one than more honoree.
Discussion followed on the desire to keep one honoree, nominees provided by
Commissioners Cannon and Elliott, and discussing a selection at an upcoming
meeting.
Staff agreed that they would send biographical information on the two nominees to
the Commission for their review.
Commissioner Hale asked about presenting the previously approved resolution to
the VFW and about recognition of Zachariah Cartledge. Mayor McCann noted that
both items were currently scheduled for upcoming Commission meetings in
October and November.
REPORTS
600)City Manager Shawn Boyle
• No report
601)City Attorney Anthony A. Gar anese
• No report
602)City Clerk Christian Gowan
• Reviewed information about the upcoming Districting Commission, noted
requirements, differences from other advisory boards, and that applications
would be open starting this week.
603)Seat Three Cavi-imissioner/Deputy Mayor Ted Johnson
• Noted his attendance at the Food Truck/Artisan Fair and that there was great
weather and it was a great event.
• Noted many job openings currently listed
604)Seat Four Commissioner TiAnna Hale
• Thanked City staff for their work on the food tuck event at Trotwood
• Thanked Scott Dudley for his presentation to the Commission
• Noted her involvement in the Winter Springs Got Talent auditions and
encouraged residents to participate
CITY COMMISSION MINUTES I PEGULAR MEETING I MONDAY, SEPTEMBEP 27, 2021 1 PAGE 8 OF 10
386
• Noted the upcoming Winter Springs Festival of the Arts
• Noted the Movie in the Park happening October 22, 2021
605)Seat Five Commissioner Rob Elliott
• Commented on the fall weather and shared a progress update on the Helping
Hands Initiative. He noted that they helped Ms. Dolly Ames with yard cleanup
and showed pictures.
• Noted attendance at the Food Truck/Artisan Fair Event and shared it was a
great event.
• Noted he had looked at the new splash pad and that it looked cool
• Noted Fish Winter Springs would be held on October 16 and 23 and thanked
Ms. Meghan McNeil, Marketing and Events Coordinator, Operations
Department and Mr. Michael Krist, Parks and Recreation Coordinator, Parks
and Recreation Department for their assistance
606) Mayor Kevin McCann
• Said that we live in a great community and that he was proud to represent the
city/
607)Seat One Commissioner Matt Benton
• No report
606)Seat Two Commissioner Kevin Cannon
• Not present
Mr. Art Gallo, 799 Nandina Terrace, Winter Springs continued his comments on the
water situation.
Ms Gina Shafer, Winter Springs Village, Winter Springs - thanked Commission for
maintaining fines...thought next year we could look at putting flags honoring former
hometown heroes
DM Johnson - appropriate for 2022, counted lamp posts on Blumberg - discussions
to be had
ADJOURNMENT
Mayor McCann adjourned the meeting at 9:30 PM.
CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, SEPTEMBER 27, 2021 1 PAGE 9 OF 10
387
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 REGULAR MEETING I MONDAY, SEPTEMBER 27, 2021 1 PAGE 10 OF 10 388
The following statement was read into the
record by Commissioner Rob Elliott during
discussion of Item 502 - "General Discussion
on Action for Resolution 2021-09"
389
During public input it was mentioned that this process could possibly have been better handled with
one on one meetings over lunch or something to that effect. If I were to estimate that meeting each
one of the individuals who were subpoenaed for roughly one hour that would be a total of 9 hours of
my time. If you then apply that same train of thought to the entire Commission including the mayor
that would be 54 hours of elected officials time to discuss these water issues.
In addition, I enjoy hearing comments from my fellow commissioners and the mayor as well as
questions they pose because that helps me become more informed and educated on water issues as
well as it enables me to ask follow up questions to the answers given to their questions.
I would also point out, in my opinion, that although meeting one on one with each of the individuals
subpoenaed would not be a specific violation of the sunshine laws it does allow these conversations
to take place outside of the public venue. It is my opinion that these water issues and the discussion
taking place during these proceedings is something the public is entitled to hear and entitled to have
public input on.
Moving on to the document dated September 20th 2021 signed by attorney J Mark Jones and
presented to the Commission on the same date. The document indicates Mr. Jones is the attorney of
record for former Mayor Charles Lacey, former commissioner Rick Brown, former commissioner Ken
Greenberg, former commissioner Jean Hovey, former commissioner Joanne Krebs, former
commissioner Cade Resnick and former Public Utilities director Kip Lockcuff.
I will make the assumption that all six of the former elected officials as well as the one former Winter
Springs employee have read, understand and approve the contents of this document. With this
assumption I would like to point out the first four pages of the document contain what I consider
insults to this Commission. Terms like witch hunt, Inquisition and circus are specifically noted as what
I consider insults to me, my fellow commissioners and the mayor.
I would also like to point out this document contains numerous insinuations, accusations and
innuendos aimed directly at my fellow commissioner Kevin Cannon. I have no intention of replying to
any of these comments directed at him and will allow commissioner Cannon to reply to those as he
deems proper.
On page 2 of 4 line 18 of the document it states "it is a fact, that the Lake Jesup waterplant did work
for years as intended". We did hear during former city manager Kevin Smith's testimony that the plant
did operate as intended. I would like to make reference to the responses to questions supplied by
former Public Utilities Director Kip Lockcuff and attached to the end of this document.
Mr. Lockcuff answered question 1 which stated "why did the $3.5 million lake Jesup reuse plant not
work". We now know the plant itself actually cost somewhere in the neighborhood of$2 million. Mr.
390
Lockcuff stated "the lake Jesup surface water filtration plant also operated as designed since its
original startup and was very effective at filtering the source water to permit requirements. All aspects
of the plant were operational from startup to 2017".
He then goes on to state the plant that was operating as designed until 2017 had a "limiting factor" it
"was backwashing more often than anticipated reducing reclaimed water throughput". According to
his response based on what was happening was the filters were working too well and removing much
smaller particulates than planned which caused the plant to continually backwash which reduced the
amount of reclaimed water being produced by the plant.
This does seem to indicate the plant was not working properly at producing the desired amount of
reclaimed water. He goes on to say "the second issue was the water quality of lake Jesup had gotten
significantly worse". This caused the filters to clog even more often requiring additional backwashing
and additional reduction in the production of reclaimed water. Mr. Lockcuff states "so we tried various
alternatives to increase the volume of reclaimed water". If the city was using various techniques with
varying degrees of success it does not appear the plant was operational from start up until 2017.
Mr. Lockcuff also states "operationally, the most effective solution was to bypass the secondary
filters". During my inspection of this plant it was pointed out that a bypass pipe was installed. It was
my understanding that this bypass pipe was not installed within approved guidelines and it is also my
understanding that it has since been removed. He also states "replacing or modifying the internal
filtering units in the secondary filter with coarser media was still an alternative being pursued in 2017".
If the city was pursuing alternatives it does not make sense that the plant was operational from start
up until 2017.
The last point I would like to make concerning Mr. Lockcuff's responses is where he states "we
declined to purchase secondary filter#2 that was bid as an alternate at a cost of around $200,000. To
expand usage beyond the park needs the existing filter needs to (be) retrofitted and/or the new
remaining filters need to be able to pass a larger particle size". Again, this statement seems to
contradict that all aspects of the plant were operational from startup to 2017.
It would have been helpful to this Commission if Mr. Lockcuff had been here last Monday evening to
further explain and clarify the meaning of these statements in order to help us gain a better
understanding of the issues surrounding lake Jesup plant.
I now move onto page 4 line 2 of the document which states "their collective comments at each city
Commission meeting prove they clearly don't understand how the city's water system works nor its
actual functionality ". I have been in the District 5 seat for just under one year. During that time I have
visited the West wastewater treatment plant at least twice, the east wastewater treatment plant at
least twice, the potable water pumping station located near Trotwood park as well as a visit to the
area of the city where a spill took place back earlier this year. I have met with city employees as well
391
as representatives of Veolia on numerous occasions to be updated on everything going on in the city
of Winter Springs as it relates to wastewater, potable water and reclaimed water. During this time I
have been educated on numerous topics including, but not limited to:
• the process of transferring effluent from one tank to the other
• how the aeration process works and how to repair it
• the meaning of turbidity
• how filters work
• the belt press process
• how hydrogen peroxide is utilized in the process
• the best location in the potable water system to insert chlorine
• why it is not a good practice to drill deeper for potable water
• why the city installed an automatic flushing system
• why a person would drown if they fell in a wastewater treatment tank
• how and why odors are produced by wastewater treatment facilities
• what is the best "age "for the biological process sometimes referred to as the bugs
• which agency the city deals with at state and federal levels
• and most of all and the number one thing I've learned is why our wastewater treatment plants
are failing and that it didn't happen overnight
Moving on to page 4 of 4 line 13 which states "it shouldn't be an unqualified Commission led by a
single self-serving commissioner ". I would never characterize the prior elected officials who approved
this document as being unqualified. Yet, they think this commission is. In fact, the reason they were
asked to appear before this current Commission was because I consider them highly qualified and
informed public servants.
The final reference I would call your attention to can be found on page 3 of 4 line 13 which states
"first, most of the people on this list know nothing about the water issues". Since we heard from 2
prior city employees this Commission is aware of what they knew or did not know about water issues.
I would also point out I proudly served alongside former mayor Charles Lacey from the day I took
office until his resignation on March 23,2021 which is a period of approximately 5 months. So I know
for a fact that during that five months former Mayor Lacey was aware of various circumstances
surrounding water issues in the city of Winter Springs.
Former commissioner Rick brown served from December of 2006 through November of 2014 which is
a period of approximately 8 years. Former commissioner Jo Ann Krebs served from December of
2004 through November of 2016 which is a period of about 12 years. Former commissioner Ken
Greenberg served for a period of approximately 8 months. Former commissioner Cade Resnik served
from November of 2010 until his resignation in June of 2018 which is a period of approximately eight
years. Former commissioner Jean Hovey served from December of 2008 through November of 2020
which is a period of approximately 12 years. Former Mayor Charles Lacey served from November
2010 until his resignation on March 23rd of 2021 which is a period of approximately 11 years.
392
If you combine these dates of service by these former civil servants it equals approximately 51 years
of dedicated service to our community. If you look at it from a start to finish standpoint it covers a
period of approximately 17 years from 2004 through 2021. Taking the statement in this document
found on page 3 of 4 line 13 at face value I can only surmise that the only people who knew anything
about the water issues in the city of Winter Springs were the two former employees who testified and
former Mayor Lacy's last 5 months in office.
Based on this statement over a period of approximately 15 years the remaining elected city officials
new "nothing about the water issues ". At the least I find this most likely not to be true and at the most
I find it extremely disturbing.
I do still look forward to conversations with representatives of the engineering firm CPH and hope
they will agree to appear before this Commission. I believe their historic professional input will greatly
assist this Commission as we move forward with these issues.
As I mentioned before the reason for this process is to find out what happened in the past so I can
learn from that and apply it to the present and not repeat any past mistakes made by anyone. I'm not
looking to point fingers or place blame on anyone. That serves no purpose. I'm simply trying to do
what's best for our city and the residents and to make sure that all aspects of water in this city
including potable water, wastewater and reclaimed water are handled in the most professional, cost
effective and up to date means possible.
393