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HomeMy WebLinkAbout_2022 09 12 City Commission Regular Meeting Minutes CITY COMMISSION REGULAR MEETING MINUTES MONDAY, SEPTEMBER 12, 2022 AT 6:30 PM CITY HALL- COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA CALL TO ORDER Mayor Kevin McCann called the Regular Meeting of Monday, September 12, 2022 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 Kevin Cannon, present Commissioner Matt Benton, present Commissioner Ted Johnson, 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 Commissioner Matt Benton provided the Invocation followed by the Pledge of Allegiance. Mayor McCann asked if there were any changes to the agenda and the Commission briefly discussed items they intended to bring forward during New Business. AWARDS AND PRESENTATIONS 100) Winter Springs Police Department Swearing In Ceremony for New Police Officers Chief Matt Tracht swore in the following new officers for the Winter Springs Police Department:Jean Roman,Jake Thompson, Christian Perez, Frankie Rios and Michael Warren. INFORMATIONAL AGENDA 200)Current Development Projects Summary No discussion. 201) 2022 Qualifying Period Results - November 8, 2022 General Municipal Election No discussion. PUBLIC INPUT Mayor McCann opened Public Input. Mr. Brandon Morrisey, 965 Sequoia Drive, Winter Springs spoke about the Parks Master Plan and the need for lightning alarms in parks. Mr. Morrisey noted that he had a petition that he submitted to the Clerk. Mayor McCann closed Public Input. CONSENT AGENDA 300)West WRF Temporary Storage Tank and Backup Pump Contract Modification No discussion. "MOTION TO APPROVE CONSENT AGENDA." MOTION BY COMMISSIONER HALE. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. VOTE:BENTON (AYE); CANNON (AYE);JOHNSON (AYE); HALE (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. PUBLIC HEARINGS AGENDA 400)Tentative Millage Rate for Fiscal Year 2022-2023 and Related Advertising Manager Boyle spoke about the consistent maintenance or lowering of the millage rate. Attorney Garganese read the tentative millage rate into the record stating, "The Fiscal Year 2022-2023 operating millage rate for the City of Winter Springs is set at 2.4100 mills and publicly announce that thetentative operating millage rate of2.4100 mills is 9.22% greater than the computed rolled-back rate of 2.2066 mills and authorizing advertisement of the City's intent to hold public hearings to adopt the final millage rate and budget September 26, 2022 at 6:30 PM. Mayor McCann opened the Public Hearing for Item 400. No one addressed the Commission. Mayor McCann closed the Public Hearing for Item 400. "MOTION TO APPROVE ITEM 400 TENTATIVE MILLAGE RATE FOR FISCAL YEAR 2022-2023 AND RELATED ADVERTISING." MOTION BY COMMISSIONER HALE. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. VOTE:ELLIOTT(AYE); CANNON (AYE);JOHNSON (AYE); BENTON (AYE); HALE (AYE) MOTION CARRIED 5-0. 401) Tentative Budget for Fiscal Year 2022-2023 and Related Advertising Mr. Scott Borror, Director, Finance Department briefly discussed one recommended change from the proposed budget related to the City's second American Rescue Plan Act (ARPA) distribution which was received early and noted a budget amendment would be forthcoming. Mayor McCann opened the Public Hearing for Item 407. No one addressed the Commission. Mayor McCann closed the Public Hearing for Item 407. Discussion followed on the inclusion of body camera funding for the Winter Springs Police Department. Mayor McCann spoke about discussions with Cory Mills, Republican nominee for U.S. House District Seven Representative, and his willingness to work with the City in trying to secure funding for body cameras. Manager Boyle noted a recent Request for Proposals (RFP) that was put out and under review, explained that the City never commits funds to something with an unknown cost, and said body cameras were not a line item in the budget currently. Continuing, Manager Boyle noted the Commission determines priorities and that the budget could be amended accordingly or amended at a later time when an informed decision could be made. Manager Boyle estimated Staff would need 30-60 days to have a better grasp on costs. Discussion followed on body cameras being long overdue, and a preference to include the cameras as a line item in the budget rather than rely on congressional funding that was not guaranteed. Manager Boyle commented on the requirement to present a balanced budget and noted two options currently available. The first option noted was to dip into reserves and the second was to eliminate expenses and/or capital from the current budget and presenting the offsets that were found. Further discussion followed on pricing for cameras, the wide range of options, the RFP process, and the possibility of amending any specifics later in the year. Attorney Garganese noted that the Commission could approve the budget as presented tonight and direct changes be made for the final budget hearing. Discussion then followed on the possibility of Staff presenting at the final budget hearing to be held September 261". Chief Tracht and Manager Boyle noted that they could have information ready to present at the next meeting. Brief discussion followed on the ability to amend the budget and the desire to have viable numbers to base decisions on. Mayor McCann opened the Public Hearing for Item 407. No one addressed the Commission. Mayor McCann closed the Public Hearing for Item 407. "MOTION TO APPROVE RESOLUTION 2022-18, ESTABLISHING THE TENTATIVE BUDGET FOR THE CITY OF WINTER SPRINGS FOR THE FISCAL YEAR COMMENCING ON OCTOBER 1, 2022 AND ENDING ON SEPTEMBER 30, 2023 AND AUTHORIZING ADVERTISEMENT OF THE CITY'S INTENT TO HOLD PUBLIC HEARINGS TO ADOPT THE FINAL MILLAGE RATE AND BUDGET." MOTION BY COMMISSIONER JOHNSON. SECONDED BY COMISSIONER HALE. DISCUSSION. VOTE:HALE (AYE); CANNON (AYE); BENTON (AYE); ELLIOTT (AYE);JOHNSON (AYE) MOTION CARRIED 5-0. 402)Second Reading of Ordinance 2022-09 amending Chapter 13 - Nuisances to Provide for Local Enforcement of the State Home-Based Business Law. Attorney Garganese read Ordinance 2022-09 bytitle and noted no changes had been made since first reading and explained that this allowed the City to use local code enforcement tools, including use of the Code Enforcement Board, to enforce state home-based business rules. Discussion followed on the desire to ensure that Section 20-452 of the City Code was preserved. Attorney Garganese noted that this Ordinance would not result in the repeal of any existing ordinance and that it created a new section of the City Code. Continuing, he noted that it was not intended to modify Section 20-452 and that it was the Commission's prerogative if additional language was included in the motion. Further discussion followed on the best placement of additional language and any conflicts that this could present. Attorney Garganese opined that the proposed Ordinance did not conflict with Florida Statute nor did proposed additional language have any impact on the second reading status. Deputy Mayor Cannon noted his intent to place additional language in the text of the Code and brief discussion followed with Attorney Garganese noting the need to avoid creating ambiguities. Mayor McCann opened the Public Hearing for Item 402. No one addressed the Commission. Mayor McCann closed the Public Hearing for Item 402. "MOTION TO APPROVE ORDINANCE 2022-09 WITH THE FOLLOWING AMENDMENT ADDING SECTION 13-5(D), `IT IS THE LEGISLATIVE INTENT THAT THE ADOPTION OF THIS ORDINANCE SHALL NOT REPEAL SECTION 20-452 OF THE CODE OF ORDINANCES OF THE CITY OF WINTER SPRINGS'. AND SAME SENTENCE BE ADDED TO SECTION 3." MOTION BY DEPUTY MAYOR CANNON. SECONDED BY COMMISSIONER BENTON. DISCUSSION. VOTE:BENTON (AYE);JOHNSON (AYE); CANNON (AYE); HALE (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. 403)Second Reading of Ordinance 2022-10 amending Chapter 5 - Tree Protection and Preservation to address recent changes in State law related to residential property, clarify tree replacement and credit standards, and provide tree replacement credits as an incentive to preserve and protect natural wetlands and public tree canopy conveyed or dedicated to the City. Attorney Garganese read Ordinance 2022-10 by title, noted changes made since the first reading including two technical amendments to the proposed Ordinance since First Reading. First, because the new law adopts the Best Management Practices-- Tree Risk Assessment, Second Edition (2017) related to the preemption statute, the Ordinance was revised to also include Best Management Practices--Tree Risk Assessment as an additional factor in guiding City Staff in generally applying the Tree Ordinance as required by Section 5-4 (c) of the City Code. Second, a typographical error in Table 1 was corrected regarding the contribution to the tree bank for 24 inch or greater, Non-Specimen category. Attorney Garganese noted the intent of the Ordinance was to incentivize preservation of wetlands within the City and in response to questions from the Commission, he confirmed that there was never an $1800 price for removal of trees 24-inches or greater. Further discussion followed on provisions in the current ordinance and continued efforts to strengthen tree protection. Mayor McCann opened the Public Hearing for Item 403. No one addressed the Commission. Mayor McCann closed the Public Hearing for Item 403. "MOTION TO APPROVE ORDINANCE 2022-10." MOTION BY DEPUTY MAYOR CANNON. SECONDED BY COMMISSIONER BENTON. DISCUSSION. VOTE:JOHNSON (AYE); HALE (AYE); ELLIOTT (AYE); BENTON (AYE); CANNON (AYE) MOTION CARRIED 5-0. REGULAR AGENDA 500) Proposed Winter Springs School Interlocal Agreement Manager Boyle noted that procedurally the wrong version had been included in the agenda, that the correct version was on the dais, and that it would be corrected online. Discussion followed on the process to date, issues with proposed Concurrency Service Areas and a move awayfrom unanimous consent of parties to make changes, the desire for Winter Springs children to attend local schools, and the City's proposed version of the Interlocal Agreement, solely between the City and Seminole County School Board, which would allow the Commission to properly assess concurrency when considering development projects. Attorney Garganese noted that the May 11 version of the Interlocal Agreement had not been formally presented to the School Board for their review, reviewed previously proposed meetings of the Planning and Technical Advisory Committee which did not occur, and a meeting which did occur between School Board staff, area city managers, Manager Boyle, and himself. Attorney Garganese noted that the meeting was professional but that not much had happened since that time. Manager Boyle agreed with the timeline presented by Attorney Garganese and noted that two paths were outlined at that meeting to go forward, (1) to meet with the County Manager to work through issues with the current Interlocal Agreement, (2) to pass and sign the City's version and present it to the School Board for their decision. Further discussion followed with the Commission expressing support for the City's version of the Interlocal Agreement. The Commission also asked about an addendum to the current Interlocal Agreement. Attorney Garganese noted that some legal instrument would be required and that he would look into the appropriate approach. "MOTION TO EXTEND THE MEETING THROUGH SECOND PUBLIC INPUT." MOTION BY COMMISSIONER HALE. SECONDED BY DEPUTY MAYOR CANNON. DISCUSSION. MOTION PASSED WITH UNANIMOUS CONSENT. "MOTION TO APPROVE THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF WINTER SPRINGS AND SEMINOLE COUNTY PUBLIC SCHOOLS DRAFT 5.11.2022 FOR EXECUTION BY THE MAYOR AND DELIVERY TO THE SCHOOL BOARD WITH REQUEST THEY TAKE ACTION WITHIN 30 DAYS AND DIRECT CITY ATTORNEY TO PREPARE ANY NECESSARY ADDENDUM TO REMOVE US FROM PREVIOUS INTERLOCAL AGREEMENT AND COMMUNICATE TO SCHOOL DISTRICT THE AGREEMENT IS SUBJECT TO REVIEW EVERY 4 YEARS OR SOONER." MOTION BY DEPUTY MAYOR CANNON. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. VOTE:CANNON (AYE); ELLIOTT (AYE); HALE (AYE);JOHNSON (AYE); BENTON (AYE) MOTION CARRIED 5-0. 501) Appointment Opportunities for City Boards and Committees Commissioner Hale asked about the replacement of her previous appointment to the Veteran and Veteran Families Advisory Committee, Mr. Manuel Zayas, as he had been unable to attend any meetings. Attorney Garganese advised that Commissioner Hale could replace Mr. Zayas with a new appointee. "I MOVE TO APPOINT MICHAEL SEGURA ON THE VETERAN AND VETERAN FAMILIES ADVISORY COMMITTEE." MOTION BY COMMISSIONER HALE. SECONDED BY DEPUTY MAYOR CANNON. DISCUSSION. MOTION PASSED WITH UNANIMOUS CONSENT. 502) New Business Mayor McCann asked the Commission if they were supportive of him continuing conversations with Mr. Mills. The Commission noted theywere supportive and asked that he reach out to other candidates in the race and Florida's senators so as not to close any doors. Deputy Mayor Cannon brought up the Running for Heroes Foundation, October 1 grand opening and the gala that was being hosted. Discussion followed on the possibility of getting a table and the positive spotlight that the organization shone on the City. Commissioners agreed City money would not be expended on their attendance. Commissioner Johnson noted receiving emails asking that he join a PTA and shared that he thought each Commissioner should choose a separate school to attend. Discussion followed on the ability to connect with residents and the Commission was supportive of the idea. Commissioner Elliott noted he was working with the City Attorney on the possibility of creating a city chaplain position. Attorney Garganese noted that he would likely come back at an October meeting with more details. Mayor McCann noted residents reaching out about noise ordinance concerns and Deputy Mayor Cannon asked about the possibility of amending the current ordinance to make it broader. Attorney Garganese noted that he was planning on providing more guidance to code enforcement, noted previous changes and explained that the Code's current statement and definition of noise disturbance included subjective standards that could be enforced without a decibel reading. Chief Tracht spoke briefly about a case that was brought up and noted an open code case was currently underway. Brief discussion followed on noise related to motor vehicles and related statutes. Deputy Mayor Cannon noted he was continuing to keep up to date with his research into a potential update on the fertilizer ordinance based on University of Florida studies and noted he would have the Clerk distribute information when it became available. REPORTS 600)City Manager Shawn Boyle • Noted the City had been approved for a State Revolving Loan Fund grant in the amount of$5.4 million to be applied to engineering of the new wastewater treatment plants. Manager Boyle highlighted that this will save the City money, especially as it relates to associated interest costs; • Noted the traffic light to be installed at Michael Blake Boulevard had been approved by the state, that the City would piggyback with Seminole County for construction, and relayed that supply chain issues would result in as much as an 8-month backlog to get supplies. Manager Boyle noted that the City would try to expedite the process wherever they could; • Relayed that the City had issued a Notice to Proceed on the State Road 434 reclaimed water line extension. Noted the project was $2.5 million and that the St. Johns River Water Management District (SJRWMD) had contributed $500,000 toward the project. • Noted the City had obtained permission to repaint striping on City roads and noted that the in-house work was already under way to refresh crosswalks and other features; • In Trotwood Park, Manager Boyle noted ongoing landscaping projects to further enhance the themed area, the completion of the new pier, and noted that the City anticipated a mid-September groundbreaking for the new basketball court; • With regards to pickleball, Manager Boyle noted that a groundbreaking on the previously presented pickleball courtswould likelyoccur in mid-Octoberasthe City was in final rounds with SJRWMD to obtain necessary permits; • In Torcaso Park, Manager Boyle noted that the pilings had been installed for the new pier and dock feature, highlighted the work of the City team that was working on the project, and commended Mr. Leonard Hartman, Director, Parks and Recreation Department. Manager Boyle noted that restroom projects were also underway to better serve the park. • Noted that a previously discussed Walk of Celebration project was being revisited and that Staff would be seeking further direction in the future. Manager Boyle explained that the project, currently being looked at for Central Winds Park, would be to memorialize people who have dedicated many years of service to the City; • Noted that the City was currently in the early phases of master planning/visioning for the Lake Jesup waterfront. Manager Boyle noted a Staff team was currently discussing the project, eventually public input would be sought, and noted that plans could include a visitor and events center, retail space, and more; • In regardsto utilities, Manager Boyle noted the completion of the post-chlorine injection process in one plant and plans to implement in remaining plants. Manager Boyle noted that this effort, among others, would look to further reduce TTHMs. • Manager Boyle noted that the 700 million gallon per day East wastewater treatment plant was back in service; • Finally, Manager Boyle noted his appreciation to Staff members and Dale Meagher of A Budget Tree Service for their assistance in responding to critical equipment failures over the holiday weekend. 601)City Attorney Anthony A. Garganese • No report 602)City Clerk Christian Gowan • No report 603)Seat Three Commissioner Ted Johnson • Noted he had attended the UCF Incubator Open House and that he was happy with the work they were doing in the City; • Commented that the 9/11 ceremony was very well done; CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, SEPTEMBER 12 2022 1 PAGE 10 . • Noted that Hacienda Village had a new owner and had planned a meeting with residents; • Noted the upcoming Florida League of Cities Policy Committee Meetings on Friday. 604)Seat Four Commissioner TiAnna Hale • Complimented the 9/11 memorial event and thanked the officers in attendance; • Noted her attendance at the Fall Babe Ruth grand opening; • Thanked Shawn for work on facility repairs as well as staff, and Budget Tree; • Noted her attendance at a recent plant exchange at VFW. 605)Seat Five Commissioner Rob Elliott • Noted his attendance at the 9/11 memorial event and complimented staff; • Noted his attendance at the Oviedo/Winter Springs Chamber of Commerce grand opening at the UCF Incubator building; • Reminded everyone that there would be a food truck event at Trotwood this week; • Noted Tuscawilla would be hosting a meet the candidates event on Thursday at the Country Club; • Commented on his ongoing participation in Leadership Seminole; • Noted a new flag hanging in City Hall that was donated by his son. 606) Mayor Kevin McCann • Noted he had gone on a tour of Lake Jesup and learned a lot about the lake and the area; • Commended staff and everyone involved with the 9/11 ceremony; • Noted that FDOT had recently hosted a State Road 417 widening meeting and that public comment still open; • Noted attendance at the Chamber of Commerce ribbon cutting and said it was well attended; • Noted he would be in attendance on Thursday for the meet the candidate event at the Tuscawilla Country Club. 607)Seat One Commissioner Matt Benton • No report 608)Seat Two Commissioner/Deputy Mayor Kevin Cannon • Complimented the 9/11 ceremony and brought up potentially relocating near the Veteran memorial; • Noted his attendance at the Chamber function; • Commented on the benefit of the UCF Incubator and challenges with lack of office space within the City; • Noted State Road 417 was a work in progress, sound walls were going to be included at several spots, and encouraged everyoneto continueto monitorthe situation. • Brought up the possibility of working with the UCF College of Engineering to explore sound abatement under bridges and potential pilot projects; • Suggested looking at lightning alarms and reaching out to schools and other jurisdictions to see what they are doing o Manager Boyle noted that the City does have lightning detection in parks designated as activity centers, and that this not out of norm for the area. • Made brief comments about the SRFfunding award and thanked Staff for their work; • Asked when residents could expect pickleball to be completed? o Manager Boyle noted that the City was still working with the St. Johns River Water Management District to finalize some permits and that currently Staff hoped for facilities to be completed in the first quarter of 2023. PUBLIC INPUT Mayor McCann opened Public Input. Mr. Art Gallo, 799 Nandina Terrace, Winter Springs commented on his lightning detection system, the high frequency of lightning strikes in the area, and the widespread availability of weather monitoring on phones. Mr. Maurice Kaprow, PO Box 795233, Winter Springs commented favorably on the many projects reviewed by the City Manager, shared his support of the City's efforts regarding the School Interlocal Agreement, and thanked the Commission and City Staff for their work. Mr. Kyle Reineck, 679 Benitawood Court, Winter Springs spoke about noise concerns related to potential lightning alarms, the potential of lightning rods, and noted that Choices in Learning PTA event would be held tomorrow and invited Commissioners to attend. Mayor McCann closed Public Input. ADJOURNMENT Mayor McCann adjourned the meeting at 9:54 PM. RESPECTFUL L Y SUBMI TTED: CHRISTIAN GOWAN CITY CLERK APPROVED . J MAYOR KEVIN McCANN o ' O NOTE: These Minutes were approved at the CfA 2022 City Commission Regular Meeting.