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HomeMy WebLinkAbout2022 10 24 Consent 304 - Approval of the Minutes from the Monday, October 10, 2022 City Commission Regular Meeting • CONSENT AGENDA ITEM 304 ,n m=ared CITY COMMISSION AGENDA I OCTOBER 24, 2022 REGULAR MEETING 1959 TITLE Approval of the Minutes from the Monday, October 10, 2022 City Commission Regular Meeting SUMMARY RECOMMENDATION Staff recommends the City Commission approve the minutes as presented. 101 i CITY COMMISSION Incorporated 1959 PEGULAP MEETING MINUTES 195 MON DAY, OCTOBER 101 2022 AT 6:30 PM CITY HALL- COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA 102 CALL TO ORDER Mayor Kevin McCann called the Regular Meeting of Monday, October 10, 2022 of the City Commission to order at 6:32 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 Mr. Bob Melhorn, Integrity Church, led the Invocation followed by the Pledge of Allegiance. Mayor McCann asked if there were any changes to the agenda. Commissioner Elliott asked that an item be added to discuss the allowance of RVs as a temporary residence and Mr. Gowan noted the need to address a funding request from Public Works related to roadwork. The items were added as Items 501a and 501b without objection. AWARDS AND PRESENTATIONS 100) Hurricane Ian Recovery Update Manager Boyle provided a brief update on bridges and utilities within the City and shared a letter written by a resident that lost everything in the storm thanking City Staff for their assistance with cleanup efforts. Manager Boyle noted that there would be time to analyze the response to the storm later, but reiterated that there was still work to do and asked for patience as work continued to clean up the City and get back to normal. Mayor McCann asked that residents help spread the word about trash collection and debris pickup. Mayor McCann noted that normal trash pickup had resumed, that bagged yard waste was not back to normal and was being systematically taken care of, and then noted procedures related to collection of construction debris and larger trees which needed to be piled separately in the right-of-way. Discussion followed on consolidating debris within neighborhoods to allow for easier pickup, damage assessments, the fact that Winter Springs was among the CITY COMMISSION MINUTES I PEGULAP MEETING I MONDAY, OCTOBEP 10, 2022 1 PAGE 2 OF 15 103 hardest hit areas in Seminole County, the geographical factors that contributed to flooding, and the necessity of collaborating with the County and surrounding municipalities to develop a cooperative effort on flood management. It was noted that CALNO would be an ideal venue to bring up the idea of flood management cooperation. It was also noted that FEMA had set up operations at the Winter Springs Civic Center and would be available to facilitate and assist with the individual assistance process. INFORMATIONAL AGENDA 200)Current Development Projects Summary No discussion. PUBLIC INPUT Mayor McCann opened Public Input. Mr. MarkDuplantis, 7590 Grantham Court, WinterSprings-representing Barrington Estates- noted that he came ,before the Commission after Hurricane Irma with concerns, a subsequent agreement,between the developer and city officials for a temporary fix, development of Southern Oaks, and noted water had come into his house again during this storm and sought solutions from the City. Mayor McCann made brief comments. Deputy Mayor Cannon suggested sitting down with Oviedo, Seminole County, and the Southern Oaks HOA to address this issue. Spoke further about development of Southern Oaks and associated issues. Deputy Mayor Cannon wanted to be a part of these conversations, thought an opportunity could be present with roads planned to be redone. Mr. Daniel Burke, 7594 Wrentham Court, Winter Springs noted he was the previous speakers neighbor, showed some photographs and videos from his neighborhood after Hurricane Irma and then photos after Hurricane Ian. Deputy Mayor Cannon asked about issues during Charley, Frances, and Jeanne - no issues at that time and none until Southern Oaks was developed. Manager Boyle asked about personnel at the time - Brian Fields, Public Works Director and Kevin Smith, City Manager at the time. Deputy Mayor Cannon thought this was an example of why new construction needed better design. CITY COMMISSION MINUTES I PEGULAP MEETING I MONDAY, OCTOBEP 10, 2022 1 PAGE 3 OF 15 104 Mr. David Florman, 770 East Bahama Road, Winter Springs noted that he had never flooded in 25years, shared comments on the "one-partysystem"and the importance ofrem em,bering what public service is about. Mr. Florman then reiterated comments regarding contact with Seminole County officers and noted he thought these police should,be defunded. Ms Ruth Lawler, 7060 Chokecherry Drive, Winter Springs noted she had lived in the c/tys/nce 7983, thought this event was the worst she hadseen in the area and then noted an impassible road in her neighborhood, roads and sidewalks caving in, and spoke about past maintenance of creek that ran ,behind several homes which she thought should have ,been ,better maintained. Ms Lawler also asked that mosquito spraying,be conducted. Manager Boyle noted that he would contact Seminole County with regards to mosquito spraying in the area. Discussion followed on complaints about the need for mosquito spraying throughout the City, Chokecherry Drive and the need to maintain the creek, and the possibility of working with Representative David Smith to get funding for more creek maintenance.. In response to further questions from the Commission, Mr. Phillip Hursh, Director, Public Works Department noted the creek in question was called No-Name Creek and then spoke of small tributaries in or near Dunmar Estates that travel West into this creek. Mr. Ray Maclejewskl, 866 Bent/ey Green Circle, Winter Springs noted a creek,behind him that rose over its,banks and came into his home, shared concerns related to water main ,breaks, retention ponds near sewer plants, and,bridges,being damaged and wondered if any of these impacted the creek in question. Mayor McCann noted the historic rainfall associated with this storm, a 500-year event, and reviewed geographical considerations as well. Mr. Hush noted that the waterway was a tributary of Howell Creek. Mr. David Bowen, 705 St. Johns Landing Drive, Win ter Springs- representing St. John s Landing HOA as President-shared concerns about debris pickup in private gated communities Mayor McCann noted that there were plans to pick up debris in private, gated communities without FEMA reimbursement. Manager Boyle explained that pickup was legal so long as a Right of Entry CITY COMMISSION MINUTES I PEGULAP MEETING I MONDAY, OCTOBEP 10, 2022 1 PAGE 4 OF 1S 105 Agreement was on file, noted the question was related to FEMA reimbursement. Manager Boyle noted that the City's primary concern was not reimbursement but was seeking clarification and noted the City would be picking up the debris. Mr. Lynn Dekrey279 Torcaso Court, Winter Springs noted frustration with communications and asked to ,be treated equitably. Mr. Andrew Hood, 663 Cayuga Drive, Winter Springs showed an image and spoke aboutseptic tanks, their concentration around, and impacts on water,bodies and noted that he hoped the City would look at septic to sewer conversion in the future. Manager Boyle noted that these efforts were in a longer-term master plan. Discussion followed on the high costs associated with septic to sewer conversion projects, the potential of establishing a Municipal Service Benefit Unit, MSBU process as a county responsibility and modeling something similar, Florida Department of Environmental Protection incentive programs available for homeowners with septic tanks, and the need for the state to address the issue. Manager Boyle noted that Staff would reach out to Mr. Hood to plug him into the City plans. Ms Nancy Dunlap, 7054 Chokecherry Drive, Winter Springs noted she had to ,buy a pump prior to the hurricane and asked about a waterwayin her community. Mr. Hursh noted the waterway in question came from Dunmar Estates. Brief discussion followed on concerns about water levels prior to the hurricane and the fact that this was a historic event. Mr. Mike Reynolds, 7052 Chokecherry Drive, Winter Springs noted that his concern was with Dunmar Estates and residents that had placed fill dirt in theiryards without permits and noted he hought the Cityshould assist with this issue. Discussion followed on meetings with residents prior to the storm, the St. Johns River Water Management District (SJRWMD) and their ability to take action against unpermitted work, the possibility of reporting the unpermitted work, and lift stations being underwater. Mr. Jeff Crandall, 7239 Stone Harbour Road, Winter Springs noted concerns about potential drug use among City Commission candidates and asked if Commissioners were subject to random drug tests Mr. Art Gallo, 799 Nandina Terrace, Winter Springs noted that his personal weather station noted 73.05 inches at his house in the short amount of time, thanked Staff CITY COMMISSION MINUTES I PEGULAP MEETING I MONDAY, OCTOBEP 10, 2022 1 PAGE 5 OF 15 106 and the City Manager for their response during and after the storm and said he thought Manager Boyle was able to do this,because he had a great Deputy Manager. Ms Gina Shafer, Winter Springs Village, Winter Springs thanked the City Manager for his work, was angry about attacks aimed at him and staff who were not elected, thanked Commissioners for their outreach in the community, and spoke about candidates for City Commission. Mr. Brandon Morrisey, 965 Sequoia Drive, Winter Springs noted concerns raised about Gee Creek during the Tuscawilla Meet the Candidate event that seemingly were not addressed. Manager Boyle noted that his conversations with residents around Gee Creek was that improvements had helped, reviewed previous funding and efforts related to the creeks, noted federal processes and private property considerations as well. Manager Boyle noted that the City would apply for more funding related to creek management. Deputy Mayor Cannon brought up concerns about comments related to political issues and asked that Mr. Morrisey be ruled out of order. Mayor McCann spoke about the process and trying to be fair, encouraged Mr. Morrisey to follow up with Staff. "MOTION TO EXTENDTHE MEETING THROUGH SECOND PUBLIC INPUT." MOTION BY COMMISSIONER ELLIOTT. SECONDED BY DEPUTY MAYOR CANNON. DISCUSSION. MOTION PASSED WITH UNANIMOUS CONSENT. Mr. Maurice Kaprow, PO Box 795233, Winter Springs shared comments about the Commission s willingness to listen to residents, shared concerns about political commentary, and commended City Staff for all their work. Mr. Howard Parsons, 7049 Chokecherry Drive, Winter Springs noted his experience during the storm and spoke about the need for perspective with many people having lost everything, thought people needed to focus on what could ,be learned from this event, and asked for a timeline for when answers to questions could,be expected. Mayor McCann reiterated that there was still work to do, it was not yet the time to analyze the response to this event, but noted that it would happen in the future. CITY COMMISSION MINUTES I PEGULAR MEETING I MONDAY, OCTOBEP 10, 2022 1 PAGE 6 OF 15 107 In response to a question from the Commission, Manager Boyle noted any resident or Commissioner could send a list of problems, deficiencies, etc. that could be reviewed. Discussion followed on the current Seminole County Floodplain Management Plan, the inclusion of Seminole County in future discussions, the upcoming after action report, the large amounts of rainfall immediately prior to the storm, and impacts that would occur even further out with drying out and potential roadway issues. Commissioner Benton asked about showing photographs after the Consent Agenda. There was no objection. CONSENT AGENDA 300)Adoption of Resolution No. 2022-27 Establishing a City Chaplain No discussion. 301) Resolution 2022-28 Recognizing the Retirement of Officer Dave Raney from the Police Department No discussion. "MOTION TOAPPROVECONSENTAGENDA." MOTION BY COMMISSION ER JOHNSON. SECONDED BYCOMMISSIONER HALE. DISCUSSION. VOTE: BENTON (AYE); CANNON (AYE); JOHNSON (AYE); HALE (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. PUBLIC HEARINGS AGENDA 400. Not Used. REGULAR AGENDA 500) Per the City Commission's direction at the October 3. 2022 meeting, consider whether to direct City staff and the City's engineering consultants to pursue study and preparation of an ordinance to increase the minimum levels of service for drainage and stormwater related to new development. Mayor McCann introduced the item and briefly reviewed requirements related to stormwater runoff as a result of development. Deputy Mayor Cannon noted he had asked for this item and talked about current design requirements in the City Code, Section 9-241 and the need to raise from the 25-year level for future development due to the frequency of 25-year, 24-hour events or greater. Deputy Mayor Cannon summarized that the idea was to hold CITY COMMISSION MINUTES I PEGULAP MEETING I MONDAY, OCTOBEP 10, 2022 1 PAGE 7 OF 15 108 more water on the property being developed in consideration of inundation from upstream communities. Discussion followed on the potential benefit these changes could have on people downstream of Winter Springs, the need to mitigate upstream impacts, other jurisdictions in the state that had done similar revisions, and the fact that certain events were happening more often. Commissioner Benton showed photographs of flooding in the City and noted residents attributed it to nearby development and asked that something be done. Further discussion on the desire for a cost-benefit analysis for whatever plan is pursued, the need to involve other entities to ensure there are meaningful solutions being developed and enacted, upstream adverse effects, and the need to give Staff time to gather information and present at a future date. "MOTION TO APPROVE THE COMMISSION INSTRUCT THE CITY STAFF AND ATTORNEY, IN CONSULTATION WITH ENGINEERS AND CONSULTANTS, TO LOOK AT SECTION 9-241, CITY CODE AND THAT THE DESIGN STORM AS CURRENTLY SET FORTH IN THAT SECTION - 25-YEAR, 24 HOUR EVENT - BE INCREASED AND STAFF BRING BACKASERIES OF PROPOSALS WITH THE CORRESPONDING PROBABILITIES AND COSTSTO BETAKEN INTO CONSIDERATION.THE PURPOSE OFTHIS MOTION IS TO ENHANCE DESIGN CRITERIA TO PREVENT DOWNSTREAM FLOODING WITHIN CITY LIMITS FROM FUTURE DEVELOPMENT." MOTION BY DEPUTY MAYOR CANNON. SECONDED BYCOMMISSIONER BENTON. DISCUSSION. VOTE: BENTON (AYE); CANNON (AYE); JOHNSON (AYE); HALE (AYE); ELLIOTT (AYE) MOTION CARRIED. 501) Board Dinner Update Mr. Gowan noted that previously discussed dates, November 4th and November 18th were not available at the Tuscawilla Country Club. Brief discussion followed on the possibility of other venues, the work remaining to be done related to the storm, and the Commission asked that the event be moved to next year, potentially February. ADD-ON ITEM 501a — Resolution 2022-29:Temporary Suspension of Section 20-431 Commissioner Elliott introduced the item and noted that this resolution would allow those with RVs to stay on their property while they repair or rebuild, noted this was currently not permitted for residential properties, and further noted that this would be a temporary suspension of six months. CITY COMMISSION MINUTES I PEGULAR MEETING I MONDAY, OCTOBEP 10, 2022 1 PAGE 8 OF 15 109 Discussion followed on the possibility of providing a tag, sewer connections, and electricity access. Manager Boyle recommended that residents use established facilities for waste disposal, reiterated that this was a temporary suspension related to damage done by Hurricane Ian, and noted that it would be helpful to provide stability in regards to school attendance and other factors. Mayor McCann opened Public Input for Item 507x. No one addressed the Commission. Mayor McCann closed Public Input for Item 507x. "MOTION TO APPROVE RESOLUTION 2022-29." MOTION BY COMMISSIONER ELLIOTT. SECONDED BY COMM ISSIONERJOHNSON. DISCUSSION. VOTE: ELLIOTT (AYE); JOHNSON (AYE); BENTON (AYE); HALE (AYE); CANNON (AYE) MOTION CARRIED 5-0. ADD ON ITEM 501b - Spending Request related to Road Resurfacing Mr. Hursh noted the need to make repairs to restore Winter Springs Blvd from Tuskawilla Road to Northern Way and noted a total cost of $362,996.70. In response to a question from the Commission, Manager Boyle noted that the City would apply for FEMA assistance but not wait to make these repairs. Mr. Hursh noted that the narrower lanes and bike lanes would be included in this as was previously discussed. Discussion followed on other roads throughout the City that were in need of repairs and evidence of road base failures. Mr. Hursh noted that this was the first of many repairs and requests, explained the planned improvements further, noted actions being taken to notify and limit impacts for those who live along the roadway, and further noted that, if approved, work could begin in two to three weeks. Further discussion followed on the groundwater table and the ability to complete the work and the determination of which roads were addressed first. Mr. Hursh noted that Winter Springs Boulevard was a major road in the City that was an east-west connector, noted road base failure, and stated that other roads cannot handle the traffic making it a priority repair. CITY COMMISSION MINUTES I PEGULAR MEETING I MONDAY, OCTOBEP 10, 2022 1 PAGE 9 OF 15 110 Manager Boyle then briefly reviewed the City's resurfacing process and the rankinig of roads by third-party engineers. Discussion followed on impaired east-west movement, alternative routes to be used during the roadwork, and traffic volume. Manager Boyle noted Staff was looking for a motion to authorize an amount not to exceed $400,000 and noted the City was piggybacking with Seminole County for vendors being used. Mayor McCann opened Public Input for Item 507,b. No one addressed the Commission. Mayor McCann closed Public Input for Item 507,b. "MOTION TO APPROVE THE SUM OF UP TO $400,000.00 AND INCORPORATING BY REFERENCE THE ASPHALT PAVING SYSTEMS QUOTE DATED 10/7/2022 AND THE PROPOSAL FROM MIDDLESEX PAVING DATED IO/10/2022COST TO BE USED FORTHE REPAVING AND RESTORATION OF WINTER SPRINGS BOULEVARD FROM TUSKAWILLA ROAD TO NORTHERN WAIF." MOTION BY DEPUTY MAYOR CANNON. SECONDED BYCOMMISSIONER HALE. DISCUSSION. VOTE: CANNON (AYE); BENTON (AYE); HALE (AYE);JOHNSON (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. ADD-ON ITEM 501c—Consideration of a Moratorium on New Construction Commissioner Benton asked that the City consider a 90-day moratorium on new development as work continued to recover from Hurricane Ian. Attorney Garganese noted that the Commission would have to provide direction to Staff and explained that the Commission would have to approve a moratorium in the same form as zoning ordinance which required an ordinance to go before the Planning and Zoning Board and two public hearings. Attorney Garganese further explained that a moratorium was required to be temporary and limited in scope and noted that this would be in place while the City considered new regulations in furtherance of whatever Staff is directed to do, such as with the earlier direction related to minimum stormwater levels of service and design. Discussion followed on the timeline, when a moratorium could become effective, and the need to define the scope. Further discussion followed on tying the moratorium to developments that fall under the requirements of Section 9-241, the possibility of adding a renewal option CITY COMMISSION MINUTES I PEGULAP MEETING I MONDAY, OCTOBEP 10, 2022 1 PAGE 10 OF 15111 if necessary, concerns about giving Staff the appropriate time, the possibility of consulting other agencies, and further concerns that involving other agencies would result in inaction. It was noted that CALNO would be meeting on November 16, 2022 in Casselberry and that this could be brought up for discussion there without delaying the process. Further discussion followed about potential increased demand for development applications, the right of developers to apply, and the ability to continuously evaluate and lift any moratorium if it became unnecessary. Mayor McCann opened Public Input for Item 507c. Ms Gina Shafer, Winter Springs Village, Winter Springs spoke in support of a moratorium on new development, noted flooding in and around her neighborhood prior to the hurricane, thought paving may partly to ,blame. Mr. Andrew Hood, 663 Cayuga Drive, Winter Springs reiterated that this was a 500- year event, spoke about wet and dry retention ponds, and other water holding solutions Brief discussion on pervious pavements. Ms Sheila Benton, 474 Cedarwood Court, Winter Springs spoke in support of the moratorium and residents attributing flooding issues to development. Mayor McCann closed Public Input for Item 507c. "MOTION TO PUT A MORATORIUM ON NEW DEVELOPMENT THAT REQUIRES STORMWATER MANAGEMENT PURSUANT TO SEC 9-241 FOR A 90- DAY PERIOD OF TIME WITH A RENEWAL OPTION." MOTION BY COMMISSIONER BENTON.SECONDED BY COMMISSIONER HALE. DISCUSSION. VOTE:JOHNSON (AYE); HALE (AYE); CANNON (AYE); BENTON (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. 502) New Business Attorney Garganese noted previous resolutions that were passed with regard to debris pickup in gated communities and noted that these could be used to seek FEMA reimbursement. Deputy Mayor Cannon noted that he would recuse himself from the vote as he lived in a gated community and could directly benefit from this decision. Deputy CITY COMMISSION MINUTES I PEGULAR MEETING I MONDAY, OCTOBEP 10, 2022 1 PAGE 11 OF 15 112 Mayor Cannon noted that he would fill out the necessary Form 813 Memorandum of Voting Conflict and file it with the Clerk. Deputy Mayor Cannon left the dais at 70.28 pm. Attorney Garganese recommended adopting a resolution similar to Resolution 2004-38. "MOTION TO MIRROR RESOLUTION 2004-38 TO BE ALTERED IN REFERENCE TO HURRICANE IAN AUTHORIZING THE CITYTO EXPEND MONEY FOR DEBRIS REMOVAL FROM GATED COMMUNITIES AS WELL AS TO COMPLY WITH FEMA REQUIREMENTS FOR POTENTIAL REIMBURSEMENT." MOTION BY COMMISSIONER ELLIOTT. SECONDED BY COMM ISSIONERJOHNSON. DISCUSSION. Discussion followed with Staff seeking clarification regarding any difference between gated communities and private streets, collection of debris from apartments, and past reimbursements and references to gated communities. Mayor McCann opened Public Input. Mr. Art Gallo, 799 Nandina Terrace, Winter Springs spoke about the debris pickup process, the map on the City website, and his understanding of the process Mayor McCann closed Public Input. VOTE: BENTON (AYE); CANNON (ABSTAINED); JOHNSON (AYE); HALE (AYE); ELLIOTT (AYE) MOTION CARRIED 4-0 WITH DEPUTY MAYOR CANNON ABSTAINING. Deputy Mayor Cannon returned to the dais at 70.37 pm. REPORTS 600)City Manager Shawn Boyle • Noted 6500 cubic yards of debris had been picked up so far; • Noted a reduction in the City crime rate year over year; • Noted receiving a letter dated September 28, 2022 from Parkstone's legal representative Melissa O'Connor to be entered into the record and noted he would outline further steps at a later date; • Read another note from a resident grateful for the City Staff in their pickup efforts. 601)City Attorney Anthony A. Garganese • No report CITY COMMISSION MINUTES I PEGULAR MEETING I MONDAY, • _ 113 602)City Clerk Christian Gowan • No report 603) Seat Five Commissioner Rob Elliott • Noted his continued attendance at Leadership Seminole • Encouraged residents to check City website for the most current information about storm resources. • Spoke about insurance remediation programs and warned about unlicensed contractors. • Noted he was encouraged to see people helping others throughout the storm and recovery process. 604) Mayor Kevin McCann • Noted that he was proud of his daughter as she was donating bone marrow; • Noted his appreciation for all the work that Staff has done and continues to do. 605) Seat One Commissioner Matt Benton • Noted discussions with neighbors and people seeking solutions to stop similar things from reoccurring. 606)Seat Two Commissioner/Deputy Mayor Kevin Cannon • Echoed comments about neighbors helping each other and the great people of Winter Springs • Offered to take the gavel from the Mayor if he ever needed to avoid any issues such as those that arose in Public Input. • Noted that he would send a list of suggestions to the Chief prior to Friday's after-action report • Thanked fellow Commissioners and the Mayor for their dedication. 607) Seat Three Commissioner Ted Johnson • Congratulated the Mayor on all of his family's accomplishments; • Noted a neighbor of his whose son was a firefighter assisting in harder hit areas of Southwest Florida; • Noted the recent National Fallen Firefighters Day • Noted Arnie Nussbaum's Celebration of Life was scheduled for November 13, 20221pm - 3pm at the Oviedo Amphitheater and Cultural Center. CITY COMMISSION MINUTES I PEGULAR MEETING I MONDAY, • _ 114 608)Seat Four Commissioner TiAnna Hale • Noted being a judge for Winter Springs Got Talent and that contestants would perform at Hometown Harvest. • Noted the postponement of Punning for Heroes Grand Opening to October 15, 2022 • Noted CALNO meeting on November 16, 2022 • Noted the accomplishments of Winter Springs resident Mr. Dan Martin • Noted celebration of city workers at the VFW and expressed appreciation for all City Staff. • Noted VFW was starting a food drive. PUBLIC INPUT Mayor McCann opened Public Input. Mr. Kyle Reineck, 679 Benitawood Court, Winter Springs noted a creek ,behind his home that was overgrown, traffic concerns and a potential sign ,being placed to dissuade traffic from turning into the cul-de-sac. Manager Boyle noted that temporary signage would be deployed to keep drivers informed. Ms Donna Kittell, 508 Osprey Lane, Winter Springs noted flooding in her neighborhood from the golf course, noted she didn't think the City was aware, and asked forsomeone to help her neighborhood and find solutions Mr. Andrew Hood, 663 Cayuga Drive, Winter Springs spoke about designs of stormwater systems and the need to keep them clear to allow them to perform properly. Mayor McCann closed Public Input. ADJOURNMENT Mayor McCann adjourned the meeting at 11:22 PM. RESPECTFUL L Y SUBMI TTED.- CHRISTIAN GOWAN CITY CLERK CITY COMMISSION MINUTES I PEGULAP MEETING I MONDAY, • _ 115 APPROVED.- MAYOR KEVIN McCANN NOTE: These Minutes were approved at the 12022 City Commission Regular Meeting. 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P The following is a copy of Resolution 2022-29 which was added as Item 501a at the October 10, 2022 City Commission Regular Meeting and approved. 124 RESOLUTION NO. 2022-29 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, TEMPORARILY SUSPENDING THE ENFORCEMENT OF CERTAIN REGULATIONS PROHIBITING THE USE OF RECREATIONAL VEHICLES FOR LIVING QUARTERS IN RESIDENTIAL ZONING DISTRICTS FOR A PERIOD OF SIX (6) MONTHS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS,the City is granted the authority, under' 2(b),Art.VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission of the City of Winter Springs previously adopted regulations prohibiting the use of recreational vehicles as temporary living quarters or living units when parked in residential zoning districts of the City, pursuant to Section 20-431 of the City Code and other applicable code provisions; and WHEREAS, Hurricane Ian impacted the City of Winter Springs and caused significant damage to property within the City, particularly due to extraordinary rainfalls, and many property owners have experienced substantial flooding damage within the City; and WHEREAS, on September 23, 2022, Governor Ron DeSantis issued Executive Order 22- 218, declaring a state of emergency for several counties within the State of Florida in response to Hurricane Ian, and said Executive Order was expanded on September 24, 2022, for the entire State of Florida via Executive Order 22-219,which will continue to be effective until November 22, 2022; and WHEREAS, the City Commission of the City of Winter Springs declared a state of civil emergency prior to Hurricane Ian's arrival pursuant to Sections 4.05 and 4.06 of the City Charter, Section 2-255 of the City Code, and Section 252.38(3), Florida Statutes, via Resolution 2022-26, which commenced at 8:00 a.m. on September 27, 2022 and expired on October 4, 2022; and WHEREAS, the term "recreational vehicles" includes camping trailers, truck campers, motor homes, house trailers or other such vehicles designed or modified to provide temporary living quarters or designed or modified to facilitate recreation, camping or travel by accommodating the needs for temporary quarters, in accordance with the Winter Springs City Code; and WHEREAS, there has been an increased demand to utilize recreational vehicles parked on residentially zoned property for temporary living quarters while damage to permanent residences caused by Hurricane Ian is repaired; and WHEREAS, the City Commission believes that temporarily relaxing certain provisions of the City Code regarding use of recreational vehicles parked on residentially zoned property for living quarters or units for the next six(6) months is in the best interest of the citizens and business City of Winter Springs Resolution No. 2022-29 Page 1 of 3 125 owners of Winter Springs to allow for repairs to take place and to limit further financial hardship to residents impacted by the storm; and WHEREAS, all other regulations regarding recreational vehicles shall remain in place and shall be enforced, such as the requirement to park behind the front building line and the prohibition on parking recreational vehicles within the right-of-way on any city street, alley, lane, way, drive or other thoroughfare overnight; and WHEREAS, City Commission deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by reference. Section 2. Temporary Suspension of Certain Recreational Vehicles Regulations. The Winter Springs City Commission hereby approves temporarily suspending the enforcement of certain provisions of Section 20-431 of the City Code for six (6) months, beginning on October 10, 2022, as follows: 1. Section 20-431(1)(c) and 20-431(1)(f)3.. An owner of real property may occupy a recreational vehicle as a temporary living quarter while such recreational vehicle is parked or stored on their property within a residentially zoned district in the City, provided that such use of the recreational vehicle as a temporary living quarters shall only be permissible in circumstances where damage was sustained to the owner's permanent residence on said property during Hurricane Ian that remains unrepaired or where repairs are in progress and remain uncompleted. The intent of this suspension is to allow the property owner to use their recreational vehicle as a living quarter on their property while their primary residence is being repaired due to damage caused by Hurricane Ian. Section 3. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section S. Effective Date. This Resolution shall become effective immediately upon its adoption by the City Commission of the City of Winter Springs, Florida, and shall expire six (6) months after its adoption. This effective date of this resolution may be extended or reduced by the City Commission by majority vote as deemed necessary at the sole discretion of the Commission. City of Winter Springs Resolution No. 2022-29 Page 2 of 3 126 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this 10t" day of October, 2022. KEVIN McCANN, Mayor ATTEST: CHRISTIAN GOWAN, City Clerk Approved as to legal form and sufficiency for the Cit Winter Springs only: NTHONY A. GARGANESE, City Attorney t�.J ••., City of Winter Springs Resolution No. 2022-29 Page 3 of 3 127 The following Form 8B - Memorandum of Voting Conflict was submitted by Deputy Mayor Kevin Cannon related to Resolution 2022-30 which came up for discussion and a vote under New Business at the October 10, 2022 City Commission Regular Meeting. 128 N r FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE CAn>avoN V� A) S ccs S7- J4,,1vTe_p_ S Q�,vGs C,'.- Co•�wii ss:�iv MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHO ITY OR COMMITTEE ON Po i�o x 9 5 H y-4 WHICH I SERVE ISA UNIT OF: CITY COUNTY CITY ❑COUNTY ❑OTHER LOCALAGENCY KJ, T Q J C NAME OF POLITICAL SUBDIVISION: IZ�NGS >GM�YI��g NrG(Z fZ1v�JG5 DATE ON WHICH VOTE OCCURRED MY POSITION IS: 1 p /W, ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission,authority,or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary,or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative;or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B-EFF.11/2013p Adopted by reference in Rule 34-7.010(1)(f),F.A.C. R E C E Q V� FED PAGE 1 OCT 2 0 2022 CITY OF WINTER SPRINGS OFFICE OF THE CITY CLERK C) M r APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. � �DISCLOSURE OF LOCAL OFFICER'S INTEREST t V 1 A) -r 7-� (in/'A/O N hereby disclose that on TOAjF- 20 Q- (a)A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: vv f`N I-ea `jOre-iYVG6 P, Tid1a,- jam o* t, THo6=� 'z-��'V6 -1&,-:: ;r H,2 v Or Cf , fN iv D 5/ %o A %N� W ✓►�o �� L QF V 7-$�7— V 9E A-"-'C —) P-L� C)�f3P' 'S Rd-0/Vd Ifr ; VATS k 64b14r&4y y�rtJ 5 i D � W A Lkf w i T- W►`Gil /�vo5 cA u 5 �D b , }-(N XL;,AN€ �ON. -r R 1=5 i �t Ll ►y►vx�c lr� Tkf�- T NdYs/� Kcit fl �EE A1 ,,Na �a;vATkF AoAt)wA�Ys 5 y o A,tis . T4,,, 61-C L o 0.r, +et'G� 1t a . 31`13 E,A��loszi `5f74 74�S ev,-il©3eNcE T31 � (�oTGavT/c9L P�iv,4T� To yn�t 5€T roQT}f d*5- v� ,�n�D AiB G� i`Gv�D FRow► V©TIWG G Oct' 5 � �SOLuiIpGV:-�Se, AfTI�� 1�1zp� If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. Date fleda�a6 NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. M r RESOLUTION NO. 2022-30 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; PROVIDING A DECLARATION OF "PARAMOUNT PUBLIC PURPOSE;" PROVIDING A STATEMENT OF AUTHORITY FOR THE EXPENDITURE OF CITY FUNDS REQUIRED TO PERFORM DISASTER RELIEF SERVICES WITHIN GATED COMMUNITIES AS PROVIDED IN THIS RESOLUTION; PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,AND AN EFFECTIVE DATE. WHEREAS, pursuant to Article VII, Section 2(b) of the Florida Constitution, municipalities have governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law ("Municipal Home Rule Authority"); and WHEREAS, on or about September 29, 2022, the City of Winter Springs suffered extensive damage as a result of Hurricane Ian,specifically,widespread residential and commercial property damage caused by vegetative and other tree debris; and WHEREAS, the City of Winter Springs has utility easements along private roadways and sidewalks within gated communities, and requires access to such private roadways and sidewalks for the maintenance and repair of public utilities, as well as for emergency access management; and WHEREAS,a significant amount of vegetative and other tree debris still remains and must be removed in order to ensure such proper access; and WHEREAS, the City of Winter Springs desires to timely and effectively remove such vegetative and other tree debris throughout the entire City in a uniform manner; and WHEREAS,while certain incidental private benefits will also result to landowners within the gated communities,all other landowners within the City are provided these same benefits under the City's Hurricane Ian Disaster Relief Program, and are afforded an equal right to the benefit of the clearing of roadways and sidewalks; and WHEREAS, provisions providing disaster relief for widespread flooding or hurricane damage are routinely upheld as supporting a public interest in the general welfare of the community;see 63C Am. Jur. 2d Public Funds § 44; and WHEREAS, the City Commission of the City of Winter Springs deems the municipal set-vices being provided by this resolution serve a paramount public purpose and are in the best Resolution No.2022-30 City of Winter Springs,Florida Page 1 of 3 N M r interests of the public health, safety, welfare, convenience, and morals of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY,FLORIDA, AS FOLLOWS: Section 1. Statement of Authority. The foregoing recitals are fully incorporated herein in their entirety and are cited as authority for purposes of adopting this resolution and for performing disaster relief services within gated communities as provided in this resolution. This statement of authority shall not be construed as exclusive and any other applicable and relevant case law, City Charter, and statutory and constitutional authority shall be deemed fully incorporated herein by this reference. Section 2. City Commission Declaration of Paramount Public Purpose. The City Commission finds and declares that the municipal services being provided for herein constitute a paramount public purpose and are vital to the City's clean-up efforts following Hurricane Ian. Additionally, implementation of such services is required to improve the health, safety, welfare, convenience, and morals of the City of Winter Springs. Section 3. City Commission Authorization for Disaster Relief Services Within Gated Communities. The City Commission hereby authorizes the expenditure of City funds for the removal of vegetative and tree debris along private roadways and sidewalks within gated communities which was caused by Hurricane Ian. Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word,or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. Resolution No. 2022-30 City of Winter Springs,Florida Page 2 of 3 RESOLVED, by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the I Oth day of October, 2022. KEVIN McCANN, Mayor r ATTEST: • CHRISTIAN GOWAN, City Clerk �„ Approved as to legal form and sufficiency for the C' o Winter Springs only: 0000 ANTHONY A. GARGANESE, City Attorney Resolution No. 2022-30 City of Winter Springs,Florida Page 3 of 3 133 The following is a letter from Melissa O'Connor, legal representative for Parkstone Homeowners Association which was entered into the record by City Manager Shawn Boyle during his report at the October 10, 2022 City Commission Regular Meeting. 134 MELISSA 09CONNOR, P.A. 1451 W. Cypress Creek Road, Suite 300 (954) 637-1300 Fort Lauderdale, Florida 33309 melissa@oconnorelderlaw.com September 28, 2022 VIA REGULAR U.S. MAIL AND EMAIL- sboyle@winterspringsfl.org Shawn Boyle City Manager 1126 East SR 434 Winter Springs, FL 32708 Dear Mr. Boyle, On March 3, 2022, you sent an official letter to me (see attached "Letter") seeking written permission from my client Parkstone Community Association ("Parkstone") for access to portions of the common element of Parkstone related to a "Task" part of a study commissioned by the City of Winter Springs ("City"). In the second paragraph line 4 of your Letter you state: . . . Task 5 is related to Parkstone and involves a possible investigation of the suspected artesian well located within Parkstone. Task 5 was approved by the City Commission explicitly contingent upon Parkstone agreeinq to the investigation ... If Parkstone does not allow the city to conduct this investigation, Task 5 will not be performed by the city. (emphasis added) Your letter explained that the background of this "investigation" is that on February 14, 2022, the City Commission authorized Carollo Engineers to conduct a Lake Jesup Reclaimed Water Augmentation - Feasibility Analysis and Report. Carollo's scope of services included multiple tasks with Task 5 being one of them. At that same Commission meeting, February 14, 2022, then Secretary of the Parkstone Board, Robert Sibley, stated that he represented the Parkstone Community Association, Inc., and addressed the City Commission in two separate 5-minute occasions under the Public Input sections of the agenda. I have been advised that in the first Public Input section, Secretary Sibley on behalf of Parkstone informed the Commission that Parkstone was opposed to and objected to the investigation/authorization that was about to be voted upon by the full commission; he stated that the part specifically related to Parkstone(Task 5)would be a waste of taxpayer money-all$31,211.96 of it; and that any motion for such an investigation should be defeated because Parkstone would not support it including denying city representatives access to all Parkstone common property under its control without prior written approval from its Board in advance. It is my understanding that in the second Public Input Section, Secretary Sibley on behalf of Parkstone held up documents showing that numerous reports, studies, permit application, contemporaneous maps, scientific evaluations and the CUP itself (# 105763-1) had been created over many, many years all proving that on the Parkstone property there was a free flowing Artesian Well (designated as such by SJRWMD # GRS ID 104913) and that absolutely no further"investigations"were needed nor desired by the Parkstone Board. Said investigations would be unnecessary, futile and useless. It is very clear in your March 3, 2022, Letter that Task 5 will not be performed without Parkstone agreeing to the investigation. Parkstone's Board has never agreed to such an investigation. Parkstone understood that your Letter was sent on behalf of the City for which you serve as Manager. 135 As you are likely aware, the City has not used one drop of the potable Parkstone artesian water available under the aforementioned CUP in the fifteen years since it was granted to the city by St. Johns River Water Management District in 2007. There are numerous violations of several provisions of Florida Statute 373, F.A.C. requirements and the CUP itself, conditions 4, 6, 8, 15, 16, 18 and 20 which makes it very hard for Parkstone's Board of Directors to understand why the City seeks to spend public money on the "investigation" of an artesian well the City has never even attempted to use the water from in more than a decade and a half. My letter to you and Mayor McCann dated August 5, 2021, clearly spells out the reasons for Parkstone's well-documented position on this matter including specific Florida violations that are very troubling. This detailed letter with much pertinent documentation attached has never been addressed by the City. Parkstone's Board of Directors believes the information in this communication shall put an end to any concerns or issues related to Parkstone's position related to the City's CUP, Task 5 of Carollo's scope of services, and access to Parkstone's common element for purposes of environmental studies/investigations. The Board appreciates the City's cooperation with its position. Sincerely, Melissa O'Connor, Esq. Attachment (Letter dated March 3, 2022) CC: VIA EMAIL ONLY kmccanna.winterspringsfl.org thaleCa.winterspringsfl.org relliotta.winterspringsfl.org rbentona.winterspringsfl.org tiohnsona-winterspingsfl.org kcannon awinterspringsfl.org 136