HomeMy WebLinkAbout2019 10 14 Consent 304 - Unapproved Minutes from the Monday, September 23, 2019 City Commission Regular Meeting CITY COMMISSION
Incorporated REGULAR MEETING
1959
.. - MINUTES
MONDAY, SEPTEMBER 23, 2019 AT 6:30 PM
CITY HALL- COMMISSION CHAMBERS
1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA
CALL TO ORDER
The Regular Meeting of Monday, September 23, 2019 of the City Commission was
called to Order by Mayor Charles Lacey at 6:36 p.m. in the Commission Chambers of
the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs,
Florida 32708).
Roll Call:
Mayor Charles Lacey, present
Deputy Mayor Kevin Cannon, present
Commissioner Jean Hovey, present
Commissioner Ted Johnson, present
Commissioner TiAnna Hale, present
Commissioner Geoff Kendrick, present
City Manager Shawn Boyle, present
City Attorney Anthony A. Garganese, present
City Clerk Andrea Lorenzo-Luaces, present
A moment of silence was held, followed by the Pledge of Allegiance.
Mayor Lacey asked, "Are there any changes to the Agenda?" Deputy Mayor Kevin
Cannon stated, "None for me." No objections were voiced to which Mayor Lacey
noted, "Hearing none, it will stand Adopted as presented."
AWARDS AND PRESENTATIONS
100. Not Used
INFORMATIONAL AGENDA
200. Current Development Projects Update
There was no discussion on this Agenda Item.
PUBLIC INPUT
Mayor Lacey opened "Public Input".
Mr. Arnie Nussbaum, 687 Andover Circle, Winter Springs, Florida: representing the
Casa Park Villas Homeowners Association, Mr. Nussbaum mentioned that some
fellow residents had safety concerns with Tuscora Drive and the need for a traffic
light there, as well as at Michael Blake Boulevard. Continuing, Mr. Nussbaum also
noted that he was in favor of proposed roundabouts.
Ms. Sheila Benton, 474 Cedarwood Court, Winter Springs, Florida: expressed concern
with information being shared on social media and other platforms by some
individuals who did not represent the City of Winter Springs, and asked the City
Commission to investigate their actions, and hoped that impartiality and decorum
would be adhered to during City Commission Meetings.
Mr. Chris Lemnah, 7440 Cranston Street, Winter Springs, Florida: as a resident of
Barrington Estates, Mr. Lemnah spoke about roundabouts and inquired if studies
and data had been done on roundabouts, mentioned that school students are
picked up and dropped off on both sides of State Road 434, and if a median was
added to that area, how would school children be kept safe.
Mr. Jesse Phillips, 7724 Duncan Drive, Winter Springs, Florida: referenced an
organization he was involved with, complimented the City Commission's funding of
landscaping around the fountains at the entrance to the TuscawiIla community, and
noted support for roundabouts.
Mr. Phil Kaprow, 7005 Antelope Trail, Winter Springs, Florida: as a representative for
some particular clients, Mr. Kaprow noted his support for roundabouts and
encouraged the City Commission to do all they could to back roundabout projects,
mentioned some comments he had with a State Representative, and suggested the
City Commission support any early acquisition of property.
With further remarks, Mr. Kaprow said that he had spoken with Florida House of
Representatives David Smith,who was aware of the project, however, Representative
Smith said he had not been asked to assist with potential funding efforts.
Ms. Gina Shafer, Winter Springs Village, Winter Springs, Florida: suggested the City
Commission pass an Ordinance in which no more than three (3) or more unrelated
individuals could live in the same residence, mentioned that the cities of Oviedo and
Gainesville had such Ordinances, and that her concerns were not related to Airbnb's.
Ms. Shafer also spoke of speeding, synchronization of traffic lights, signage and
hoped the City would contact the Department of Transportation to address these
issues.
Mr. James Evans, 277AImaden Court, Winter Springs, Florida: referenced previous
comments about time limited parking spaces in the Town Center, specifically for
customers, and asked for a status update.
It was clarified that comments related to on-street parking and were specific to the
area of Tuskawilla Road and Tree Swallow Drive.
Discussion followed on a proposed parking lot which would potentially alleviate
some concerns of local business owners. Commissioner Kendrick added that
signage allowing customers only or short-term parking only, might also help.
City Manager Shawn Boyle stated, "We haven't been focused on limiting the time
limit on the parking spaces along that road. What we've focused on is building that
parking lot. I still believe that we can start construction on that, first quarter of 2020
- Januarytimeframe, and that will bring fifty (50) spots on line pretty quickly; and we
can preserve the trees and the current landscaping that's there. So, I think we can
accomplish both with minimal disruption to the environment, if you will."
Further remarks ensued on businesses that were most affected, and that signage
with potential time limits might be helpful, to which Deputy Mayor Cannon said he
supported that.
Mayor Lacey closed "Public Input".
Mayor Lacey noted that a letter from Mr. Ken Spalthoff had been provided to the City
Commission and instructed the City Clerk to enter the letter into the Record. City
Clerk Andrea Lorenzo-Luaces stated, "Yes Sir."
CONSENT AGENDA
300. Minutes From The Monday, September 9, 2019 City Commission Regular
Meeting
This Agenda Item was not discussed.
Related to the Consent Agenda, Mayor Lacey asked for a Motion to Approve.
"SO MOVED." MOTION BY COMMISSIONER HOVEY. SECONDED BY
COMMISSIONER KENDRICK. DISCUSSION.
VOTE:
COMMISSIONER HALE: AYE
DEPUTY MAYOR CANNON: AYE
COMMISSIONER JOHNSON: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER KENDRICK: AYE
MOTION CARRIED.
PUBLIC HEARINGS AGENDA
400. FY 2019-2020 Final Operating Millage Rate
This Agenda Item was introduced by Ms. Kelly Balagia, Director, Finance Department
who referenced Resolution 2019-16 and mentioned that there had not been any
changes since the Tentative Millage.
Mayor Lacey opened "Public Input"on this Agenda Item.
No one addressed the City Commission at this time.
Mayor Lacey closed "Public Input"on this Agenda Item.
"I MOVE TO APPROVE RESOLUTION 2019-16 ESTABLISHING THE FINAL
OPERATING MILLAGE RATE AT 2.4300 MILLS AND PUBLICLY ANNOUNCING THAT
THE FINAL OPERATING MILLAGE RATE IS 6.72% MORE THAN THE COMPUTED
ROLLED-BACK RATE OF 2.2770 MILLS AND THE ADOPTION OF THE RESOLUTION
2019-16 SO STATING." MOTION BY DEPUTY MAYOR CANNON. SECONDED BY
COMMISSIONER HALE. DISCUSSION.
VOTE:
COMMISSIONER HOVEY: AYE
COMMISSIONER HALE: AYE
COMMISSIONER KENDRICK: AYE
DEPUTY MAYOR CANNON: AYE
COMMISSIONER JOHNSON: AYE
MOTION CARRIED.
401. FY 2019-2020 Final Budget
Ms. Balagia briefly addressed this Agenda Item,the applicable Resolution 2019-17 and
stated, "There have been no changes from the Tentative."
Mayor Lacey opened "Public Input"on this Agenda Item.
No one addressed the City Commission at this time.
Mayor Lacey closed "Public Input"on this Agenda Item.
"I MOVE TO APPROVE RESOLUTION 2019-17 ESTABLISHING THE FINAL BUDGET
FOR THE FISCAL YEAR COMMENCING ON OCTOBER 1, 2019 AND ENDING ON
SEPTEMBER 30, 2020." MOTION BY DEPUTY MAYOR CANNON. SECONDED BY
COMMISSIONER KENDRICK. DISCUSSION.
VOTE:
DEPUTY MAYOR CANNON: AYE
COMMISSIONER JOHNSON: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER KENDRICK: AYE
COMMISSIONER HALE: AYE
MOTION CARRIED.
402. The City Attorney And City Manager Request That The City Commission
Consider Accepting The Districting Commission's Recommendation Regarding
An Update Of The City Commission Voting District Boundaries Pursuant To
Section 4.02 Of The City Charter, And Conduct Second Reading And Final
Adoption Of Ordinance No. 2019-10 Approving The Recommendation.
City Attorney Anthony A. Garganese read Ordinance 2019-10 by "Title", spoke briefly
about this Agenda Item, and mentioned there had not been any changes since the
First Reading.
Mayor Lacey opened "Public Input"on this Agenda Item.
No one from the audience voiced any comments at this time.
Mayor Lacey closed "Public Input"on this Agenda Item.
"I MOVE THAT WE APPROVE ORDINANCE NUMBER 2019-10 ON SECOND
READING. MOTION BY DEPUTY MAYOR CANNON. SECONDED BY
COMMISSIONER HALE. DISCUSSION.
VOTE:
COMMISSIONER JOHNSON: AYE
COMMISSIONER KENDRICK: AYE
DEPUTY MAYOR CANNON: AYE
COMMISSIONER HALE: AYE
COMMISSIONER HOVEY: AYE
MOTION CARRIED.
REGULAR AGENDA
500. State Road 434 Widening: Seminole County Commissioner Bob Dallari
Presenting
Commissioner Bob Dallari, Seminole County, 7707 East 7st Street, Sanford, Florida:
addressed the Mayor and City Commission for the Record on a proposed project, said
that he and fellow Seminole County Commissioner Jay Zembower had worked on
this project with other individuals.
Continuing, Commissioner Dallari noted that the Seminole County Board of County
Commissioners had had a Work Session on this proposed project and were in
agreement with the planned outcome. Commissioner Dallari also noted that they
would be asking for support from the City of Winter Springs and the City of Oviedo.
Remarks continued.
Mr. Ryan Cunningham, Associate Engineer, Kittelson & Associates, 225 East
Robinson Street, Suite 355, Orlando, Florida: reviewed a presentation with the Mayor
and City Commission and addressed vehicular, bicycle, and pedestrian needs and
proposed improvements.
Mr. Cunningham explained, "In terms of our schedule, so we're complete on project
development now. We're looking to move into design later this year. The County is
currently working on setting up an RFP (Request for Proposal) to be released in
December which would allow the design to get underway early next year. There's
been complete streets funding set-aside by MetroPlan [Orlando] for this design to
happen. And then, right-of-way and construction, we've been in discussions with
FDOT (Florida Department of Transportation) and MetroPlan [Orlando] and looking
to have that done in Fiscal Year [20']23-24; so, we're looking at a four to five (4-5) year
time frame." Furthermore, Mr. Cunningham said, "We are looking to obtain support
for the project."
Continuing, Mr. Cunningham mentioned, "We did present to the County
Commission on August 27t", presented to you all tonight, and next Monday, we will
be presenting to FDOT (Florida Department of Transportation) management,so that
includes the Secretary, and the Oviedo City Council that evening.
So, FDOT (Florida Department of Transportation) has asked that prior to moving into
design, that we do have Resolutions from the cities and the County expressing their
support for the project so that we can all be on the same page. We're looking to hold
a public meeting in October, similar to the one that we had last year -that we'd just
re-invite all the citizens out and give them an update on where we are and what is
going to happen moving forward."
Commissioner Dallari mentioned that there was another slide related to signals
versus roundabouts, which they would provide to the Mayor and City Commission.
Next, Commissioner dean Hovey commented, "Last week, I had an opportunity to
speakwith Commissioner Dallari and thatwas one of the first questions I asked, was
about the School District - and he assured me that as we know, they have a good
working relationship with the School District, and the school buses will have to have
different stops." Further remarks.
Speaking for the Record, Commissioner Dallari remarked, "Once we get the approval
from both cities, we'll definitely reach out to the School Board."
Deputy Mayor Cannon offered his appreciation to Commissioner Dallari and
Commissioner Zembower for their assistance.
Comments followed on traffic count numbers, and whether the City of Oviedo might
re-open some roads that had been closed to cut-through traffic, other connectivity
options, and buffered bike lanes.
Deputy Mayor Cannon then said to Mr. Cunningham, "In Oviedo, south, heading to
Mitchell Hammock Road, there, in that Section 2 or phase 2, you are going to be
reducing the speed limit from forty-five (45) to thirty-five (35) - does that look like
that has been approved by DOT? Is that going to happen?" Mr. Cunningham
responded, "Yes, DOT has already approved that."
With continued remarks, Deputy Mayor Cannon stated, "You are going to propose to
DOT a forty (40) mile per hour speed limit target heading - westbound from
Hammock, headed over towards the [State Road] 417." Mr. Cunningham noted,
"Correct."
Deputy Mayor Cannon then asked Mr. Cunningham if they had considered "An
elliptical roundabout being placed underneath the [State Road] 417 which would
allow egress from those four (4) exits without having the jam up of traffic
signalization there? Have you looked at that or could you look at that?"
Mr. Cunningham responded, "We haven't looked at that - I mean it conceptually
could be done but I think there are two (2) other improvements that we had
identified for long term at those signalized intersections which I think would be
cheaper and just as effective." With further remarks, Deputy Mayor Cannon also
suggested a roundabout at the intersection with Tuscora Drive.
Commissioner Dallari pointed out that State Road 417 is controlled by Florida's
Turnpike Enterprise and recommended that when that road is set to be widened,
Commissioner Dallari thought that that would be the preferred timeframe to bring
up any such roundabout projects.
Discussion continued on traffic signalizations, traffic flow, bicycle traffic, as well as
roundabouts and traffic calming.
Deputy Mayor Cannon then mentioned speeding traffic along State Road 434 and
that he was interested in any suggestions regarding getting the speed limit lowered.
Commissioner Dallari suggested, "If your Board wants to do something, work
through your City Manager and your staff; we'll be more than happy to work with
you." Commissioner Dallari further spoke of working together and possibly with a
Consultant if necessary.
Commissioner Geoff Kendrick also thanked Commissioner Dallari and said he would
also contact Commissioner Zembower.
Next, Commissioner TiAnna Hale provided some documents related to roundabouts,
said that education would be very helpful and additionally offered her thanks to
Commissioner Dallari.
Commissioner Ted Johnson echoed recent comments and asked if crosswalkswould
be illuminated. Mr. Cunningham said theywould be and pointed out, "FDOT requires
that all roundabouts be lit, so the entire intersection will be lit."
Furthermore, Commissioner Johnson mentioned previous thoughts that traffic
signals at the State Road 417 intersection be coordinated, suggested that speed
limits be reduced along State Road 434 to Tuskawilla Road, and hoped that both of
these items could be included in the presentation to FDOT. Commissioner Johnson
also referenced complaints he had received regarding safety issues at the Creeks
Run intersection at State Road 434.
Furthermore, Commissioner Johnson hoped that State Representative David Smith
be contacted to see if he could offer any assistance. Commissioner Dallari said they
would do that.
Additionally, Commissioner Johnson and Mayor Lacey further expressed their
appreciation to Commissioner Dallari.
"I MOVE THAT WE APPROVE RESOLUTION 2019-21 EXPRESSING SUPPORT FOR
THE COUNTY AND DOT MOVING FORWARD WITH THIS PROPOSED PROJECT."
MOTION BY DEPUTY MAYOR CANNON. SECONDED BY COMMISSIONER HALE.
DISCUSSION.
CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, SEPTEMBER 23, 2019 1 PAGE 10 .
VOTE:
COMMISSIONER KENDRICK: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER HALE: AYE
COMMISSIONER JOHNSON: AYE
DEPUTY MAYOR CANNON: AYE
MOTION CARRIED.
Mayor Lacey complimented Commissioner Dallari again on his many efforts,
remarked that he has helped the City of Winter Springs on numerous occasions, and
thanked him for his years of valued assistance.
Commissioner Dallari thanked the Mayor and Commission and mentioned that if
they would like some assistance on any other projects on State Road 434 to let him
know,towhich Mayor Lacey noted that a roundabout atTuscora might be of interest.
Commissioner Dallari spoke briefly of a personal matter.
Lastly, Mayor Lacey offered his appreciation to Attorney Garganese for putting the
Resolution so quickly.
501. Dream Finders Townhomes Contract Obligation
Mr. Christopher Schmidt, Director, Community Development Department
presented this Agenda Item for discussion.
Attorney Garganese gave an overview of aspects related to this Agenda Item.
Mayor Lacey asked Attorney Garganese to provide a brief synopsis of what the City
Commission was being asked to do; to which Attorney Garganese said, "The Staff is
requesting direction relative to the conveyance obligation that's set forth in the
recorded Development Agreements for Neighborhood Parks `#4' and `#5'. Ifyou look
at the Preliminary Engineering Plans that are in your package, it's difficult to
implement those Plans and proceed with their Applications for Final Engineering,
Aesthetic Review and Platwith the understanding that Neighborhood Parks `#4' and
`#5' are denoted on their development parcel; so Staff is requesting direction
regarding the necessity of such conveyance of such squares in conjunction with the
development of their parcel."
Deputy Mayor Cannon referred to the Plans and inquired of Attorney Garganese, "Did
they do the required carveouts of the Parks `#4' and `#57' Attorney Garganese
responded, "As they are depicted, they do not have the necessary carveouts for
neighborhood Parks `#4' and `#5'."
"CAN I MOVE TO EXTEND OUR TIME TO NINE O'CLOCK." MOTION BY
COMMISSIONER KENDRICK. SECONDED BY DEPUTY MAYOR CANNON.
DISCUSSION.
COMMISSIONER JOHNSON SAID, "I AM NOT SUPPORTING ANY MOTION TO
EXTEND TIME UNLESS IT INCLUDES PUBLIC INPUT AT THE END." DEPUTY MAYOR
CANNON ADDED, "I AGREE." COMMISSIONER KENDRICK NOTED, "PUBLIC INPUT
AND REPORTS, YES. ABSOLUTELY."
MAYOR LACEY STATED, "THE MOTION IS TO EXTEND UNTIL NINE O'CLOCK. IS
THERE UNANIMOUS CONSENT TO AMEND THE MOTION TO EXTEND UNTIL NINE
O'CLOCK INCLUDING REPORTS AND PUBLIC INPUT." DEPUTY MAYOR CANNON
REMARKED, "YES." COMMISSIONER JOHNSON NOTED, "THAT I WOULD
SUPPORT."
MOTION CARRIED UNANIMOUSLY.
Mr. Rob T. Rosen, Esquire, Burr Forman, 200 South Orange Avenue, Suite 800,
Orlando, Florida: representing Dream Finders Homes, Mr. Rosen provided a history
of the Dream Finders Homes project to the present time.
Continuing with his remarks, Mr. Rosen then provided new documents to the City
Commission and further addressed their proposed project.
Mr. Dan Edwards, Vice President of Land, Dream Finders Homes, 8529 South Park
Circle, Suite 830, Orlando, Florida: commented further on their planned project.
Commissioner Kendrick asked if any of the new material had been provided to City
Staff prior to this meeting. Manager Boyle responded, "Not that I am aware of."
Attorney Garganese added, "No."
Mayor Lacey inquired, "Was the essence of their proposal for this .88 acres
communicated to the City prior to tonight?" Manager Boyle stated, "No, not in this
capacity that he is showing on the board."
Commissioner Johnson asked how the City got to this point. "Would not the original
layout show specifically that these two (2) parks, numbers `#4' and `#5' were part of
this property when purchased?"
Attorney Garganese stated, "The Development Agreements that are recorded
against the land are public information and would be available and any Title Report
relevant to the subject property."
Commissioner Johnson then inquired, "Whose responsibility is it to make sure that
these parks are going to be part of any development on this particular parcel?"
Attorney Garganese commented that he thought that "#4" and "#5" were last
memorialized in a recorded document in 2010 through a development commitment
agreement between the property owner and the City and indicated that the
neighborhood parks "#4" and "#5" were an outstanding obligation which ran with
the land.
Commissioner Johnson questioned why due diligence was not done by the
Developer.
Further, Deputy Mayor Cannon commented on recorded binding obligations, as well
as the park locations, and the proposed plans from Dream Finders Homes.
Brief discussion.
Commissioner Kendrick suggested, "The information that we have tonight that is in
front of us, these five (5) pages, are brand new. I think we would only be prudent for
this to go back to Staff and be brought to us at another time, period." Mayor Lacey
noted his agreement.
Addressing the representatives of Dream Finders Homes, Commissioner Hale asked,
"So, my understanding is you want us to release you from your contractual
obligations to take away green spaces for our children?" Mr. Rosen said, No, however
they wanted to be treated like other Developers.
Commissioner Hale then said, "I cannot speak for prior Commission's decisions but it
is of utmost importance to me personally, that we maintain the spaces for the
children." Commissioner Hale also mentioned that the buffers as presented were
not acceptable.
Next, Commissioner Johnson remarked about the importance of green space as
often mentioned by residents. Commissioner Johnson then noted, "When I look at
this map, I would hope someone would be able to tell me, for example, right in the
center of the map, it is depicted as 0.11 acres I believe. I am assuming that that is in
fact, part of this project - that doesn't appear to be any type of public space to me."
Furthermore, Commissioner Johnson said, "To the green area at the left hand corner,
adjacent to the Trail, can somebody from Dream Finders perhaps tell me what the
vision is for that?"
With some brief remarks, Mr. Edwards referenced the map and stated, "These are
areas that are open space, so the green space, kind of in the center, the intention of
that is to be basically a park track, a green space. The original intention based off of
the Preliminary and Engineering approval was for that to be owned and maintained
by the association that would be set up for this project.
So, what we're proposing is - we will obviously build that green space and if it's the
desire of the City, we would convey it over to the City. The same for the space up by
the Trail; that is just currently kind of a green space that's been proposed near the
Trail, there is access to the Trail there."
With additional comments, Mr. Edwards stated, "We're happy to work with you,
figure out those green spaces, and again, convey them to you." Remarks continued.
Commissioner Johnson inquired about a structure shown on the map, to which Mr.
Edwards stated that it was an existing Lift Station and added, "There is open space
around that but we didn't include that." Continuing, Mr. Edwards, added, "That's
certainly something that if the City would like to have though, we would be willing
to convey."
Deputy Mayor Cannon said to Mr. Edwards, "Areyou telling the Commission thatyou
were not aware in your due diligence and in reviewing through the recorded
agreements that run with the land that these two (2) squares, `#4' and `#5'were there
before you did your lay out?"
Mr. Edwards mentioned that he was not involved with this project in 2018.
Mr. Batey McGraw, National Vice President of Land, Dream Finders Homes, 74707
Phillips Highway, Jacksonville, Florida: stated, "Dan was not involved with the
project at the time. I was, and essentially we were under contract on the property.
We had not purchased it. We were working with Lochrane (Engineering, Inc.) at the
time, now NV5 (Inc.), who was very familiar with the project. We were going through
all these documents and we came up with a plan which is materially identical to what
you see on the screen today."
With further remarks, Mr. McGraw added, "Again, certainly, the information is clearly
there now. In retrospect, we did not identify that those parks were apart of our plan
or needed to be a part of the plan.
Again, we didn't buy the property until after we went through that preliminary
engineering process and got feedback from the Staff, got feedback from the Council
and the City and got that approval. So, at that point, we took that to carry the most
weight and not necessarily these voluminous documents thatwere in the title policy.
So, that doesn't excuse us from the fact that those still exist and are still applicable to
the property today. But I think that just to give you - it is not as if it was a negligent
or even devious attempt to not follow the agreement. It was - something that was
missed; we went through a process which then sort of superseded any of those
things we felt like. And we used that knowledge and that assumption to proceed
forward and purchase the property."
Attorney Garganese noted for the Record the following from the City's Code, "9-49.
of the City Code specifically states that `Approval of the preliminary plan shall be
construed as authority for submitting a final plan in accordance with this chapter.
Approval of the preliminary plan by the city council shall not be construed as
authority for the sale of lots in reference to the preliminary plan, nor as for authority
for obtaining building permits, nor for the recording of a plat, nor for the installation
of required improvements'."
Further comments.
Commissioner Kendrick pointed out, "A representative from Dream Finders did just
state that discrepancies were there and they were available to be caught by them. I
mean they were there. What I wanted to do tonight was have solutions. I wanted to
find solutions. I wanted to hear alternatives. We have heard one, it was put on our
desk right now. We did not have time to review it, Staff has not had time to review
it." With further remarks, Commissioner Kendrick suggested that the Developer
could sit down with City Staff.
Additional comments continued.
Attorney Garganese pointed out that "Staff is seeking direction regarding the
outstanding contractual obligations because tentatively their Final Engineering
Plans have been scheduled for Planning and Zoning Board VLocal Planning Agency]
consideration, the beginning of October and then the Commission at the next
meeting."
"I AM PREPARED TO MAKE A MOTION THAT WE AS A CITY PRESERVE OUR
CONTRACTUAL RIGHTS UNDER THESE RECORDED INSTRUMENTS THAT HAVE
BEEN ON FILE FOR YEARS, AND THEN IF THAT IS THE GUIDANCE STAFF IS
LOOKING FOR, I AM PREPARED TO SAY, YES, WE SHOULD PRESERVE OUR
CONTRACTUAL RIGHTS AS A CITY UNDER THESE RECORDED INSTRUMENTS AND
ALLOW THE APPLICANT TO GET BACK WITH STAFF AND WITH YOU ANTHONY,
TO SEE WHAT CAN BE MODIFIED, WHAT LAYOUTS, OR WHATEVER CAN BE
ADDRESSED." MOTION BY DEPUTY MAYOR CANNON. SECONDED BY
COMMISSIONER KENDRICK. DISCUSSION.
VOTE:
COMMISSIONER JOHNSON: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER HALE: AYE
DEPUTY MAYOR CANNON: AYE
COMMISSIONER KENDRICK: AYE
MOTION CARRIED.
REPORTS
600. City Attorney Anthony A. Garganese, Esquire
No Report.
601. City Manager Shawn Boyle
No Report was given.
602. City Clerk Andrea Lorenzo-Luaces, MMC
No Report.
603. Seat One Commissioner Jean Hovey
No Report was given.
604. Seat Two Commissioner/Deputy Mayor Kevin Cannon
Deputy Mayor Cannon expressed his concern with decorum issues by a resident at
recent City Commission Meetings, spoke for the Record regarding a particular
instance, and cited several provisions of the City Code.
Next, Deputy Mayor Cannon requested that a statement,with language which could
be drafted by the City Attorney, be read at the beginning of each City Commission
Meeting to inform everyone in attendance of the rules of civility and decorum.
Mayor Lacey noted his personal concerns with issues related to decorum.
Deputy Mayor Cannon then referenced a document from Mr. Ken Spalthoff which
had been addressed earlier in this Meeting, and read the document into the Record.
Continuing, Deputy Mayor Cannon asked for the Consensus of the City Commission
to have language drafted which summarizing the rules of decorum and that they
would be read at the start of each City Commission Meeting.
"MOTION TO EXTEND TIME TO 9:30 PM. - TO INCLUDE REPORTS AND PUBLIC
INPUT." MOTION BY COMMISSIONER KENDRICK. SECONDED BY DEPUTY
MAYOR CANNON. DISCUSSION.
MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS.
Further comments followed.
Mayor Lacey noted, "I have no objection to doing that. I would like the verbiage to
come from Anthony (Garganese)." Deputy Mayor Cannon stated, "Absolutely." Mayor
Lacey added, "Any Commissioner is welcome to provide input to Anthony."
Mayor Lacey asked, "Is there objection to the Deputy Mayor's proposal?"
Commissioner Kendrick remarked, "I completely agree with everything you said. I
am not a fan of- reading it at the beginning of each Meeting; however, the Mayor has
said he has no problem with it and that is - his responsibility. So, if the Mayor has no
problem with it, I have no problem with it." Further comments continued.
Deputy Mayor Cannon then spoke briefly about the LMARS (Lake Monroe Amateur
Radio Society) Inaugural First Responder Amateur Radio Class and recognized
Lieutenant Will Maxwell, Winter Springs Police Department for his participation.
Deputy Mayor Cannon then encouraged other first responders to participate in any
future classes that will be offered, and also thanked Chief Deisler for the use of Police
Department facilities.
Concluding his Report, Deputy Mayor Cannon congratulated Commissioner
Kendrick on his work with the Tri-County League of Cities and Virgin Trains'
presentation at a recent meeting.
605. Seat Three Commissioner Ted Johnson
Commissioner Johnson mentioned a resident's concerns with an electric services
provider as well as billing, State regulations of electric utilities, and also mentioned a
Petition effort to deregulate Utilities which was being proposed for the November
2020 ballot.
Mayor Lacey mentioned a Franchise Agreement between the City and Duke Energy
Corporation.
606. Seat Four Commissioner TiAnna Hale
Commissioner Hale mentioned that the City received several Ovation Awards
through the Oviedo-Winter Springs Regional Chamber of Commerce -for the City's
Hometown Harvest event, for the Scottish Highlands Games, and for Central Winds
Parks.
Continuing, Commissioner Hale reminded everyone that the Grand Opening of a
new playground at Central Winds Park would be September 26th at 6:00 p.m.
Commissioner Hale then noted that she had attended the Seminole County
Legislative Delegation Meeting and had spoken with Representatives David Smith
and Scott Plakon, as well as Senator David Simmons regarding funding for
wastewater treatment plants.
Next, Commissioner Hale commented that she attended a Rotary Club BBQ held for
exchange students which she thought was a fun and informative event.
Concluding her Report, Commissioner Hale spoke about her apprehension with
keeping residents safe, noted that everyone should be able to share their opinions,
and no one should feel threatened. Commissioner Hale added that people should
be kind to one another, and suggested contacting the City's Elected Officials if
someone had any concerns.
607. Seat Five Commissioner Geoff Kendrick
Commissioner Kendrick spoke of the 3rd Annual First Responders Luncheon that he
attended on September 11th at Keeth Elementary School and said that Chief Deisler
and Captain Matt Tracht, Police Department also were in attendance.
Further brief comments.
Continuing, Commissioner Kendrick remarked about a recent Tri-County League of
Cities meeting in which Virgin Trains addressed about their transportation plans.
Commissioner Kendrick then mentioned that as a Director for the Florida League of
Cities, he had recently attended a meeting in which they addressed their Legislative
Agenda which included water infrastructure projects. Commissioner Kendrick also
noted that Representative David Smith had filed two (2) new Bills.
Lastly, Commissioner Kendrick referenced the upcoming Grand Opening of a new
playground at Central Winds Park which will be held on September 26th at 6:00 p.m.
Commissioner Kendrick added, "Thank you very much Manager Boyle as well, your
hard work and persistence has really been bringing our Parks into another category
- better than anyone else in Seminole County."
608. Mayor Charles Lacey
No Report.
In other City business, Deputy Mayor Cannon spoke briefly about attending a
remembrance ceremony at City Hall on September 11th, and thought this should be
an annual event and also open to residents.
Deputy Mayor Cannon then remarked, "Kudos to Staff for arranging that and for
those that attended."
PUBLIC INPUT
Mayor Lacey opened "Public Input".
Ms. Bobbie Demme-SanFilippo, 708 View Point Place, Winter Springs, Florida: spoke
in favor of roundabouts, urged the City Commission to consider pedestrian safety,
commented on the need for a balance between the preservation of green space and
homeownership, and remarked about parking solutions for the Town Center.
Mr. Kevin McCann, 7709 Pheasant Circle, Winter Springs, Florida: addressed
development, commended previous Commissioners who had the foresight to set
aside land for City Parks, thanked the City Commission as well as Manager Boyle for
their due diligence, and pointed out that he did not think that sidewalks and streets
were a suitable replacement for green space.
Ms. Gina Shafer, Winter Springs Village, Winter Springs, Florida: commented on her
concern with the costs of parking spaces, that employees of [Town Center]
businesses could park further away than customers, did not think The Blake
apartments had an area for walking dogs, that there was a need for green space, and
mentioned there was a piece of property near Winter Springs Village that was for
sale, and thought this land would be great as green space.
CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, SEPTEMBER 23, 2019 1 PAGE 20 .
Mr. Matthew Benton, 474 Cedarwood Court, Winter Springs, Florida: thanked the
Mayor and City Commission for discussing rules of decorum, expressed gratitude for
the 6:30 p.m. start time for meetings, however he suggested the City Commission
should consider changing the end time of City Commission meetings as he thought
it was good that residents were able to offer comments during the second "Public
Input" section.
Mayor Lacey closed "Public Input".
ADJOURNMENT
Mayor Lacey adjourned the Regular Meeting at 9:25 p.m.
RESPECTFULLY SUBMITTED:
ANDREA LORENZO-LUACES, MMC
CITY CLERK
APPROVED:
MAYOR CHARLES LACEY
NOTE: These Minutes were approved at the 12019 City Commission Regular Meeting.
CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY,