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HomeMy WebLinkAbout2022 11 14 Consent 306 - Approval of the Minutes from the Monday, October 24, 2022 City Commission Regular Meeting • CONSENT AGENDA ITEM 306 ,n m=ared CITY COMMISSION AGENDA I NOVEMBER 14, 2022 REGULAR MEETING 1959 TITLE Approval of the Minutes from the Monday, October 24, 2022 City Commission Regular Meeting SUMMARY RECOMMENDATION Staff recommends City Commission to approve the Minutes as presented. 112 i CITY COMMISSION Incorporated P E G U LA P MEETING MINUTES 1959 MONDAY, OCTOBER 24, 2022 AT 6:30 PM CITY HALL- COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA 113 CALL TO ORDER Mayor Kevin McCann called the Regular Meeting of Monday, October 24, 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 via telephone City Manager Shawn Boyle, present City Attorney Anthony A. Garganese, present City Clerk Christian Gowan, present Mr. Pete Alwinson led the invocation followed by the Pledge of Allegiance. Mayor McCann asked if there were any changes to the agenda. Commissioner Elliott asked to be allowed to make a statement after Awards and Presentations. This was added as Item 102. No other changes were made and the agenda was adopted. AWARDS AND PRESENTATIONS 100) Presentation of Resolution to Officer Dave Raney recognizing his retirement from the Police Department Chief Matt Tracht, Winter Springs Police Department recognized Officer David Raney, reviewed his career and accomplishments, and congratulated him on his retirement. Mayor McCann read Resolution 2022-28 recognizing Officer Raney, presented the resolution to him, thanked him for his service and congratulated him on his retirement from the Winter Springs Police Department. Officer Raney thanked those in attendance for their support, recognized his family, and reflected on his views of the profession and his time with the Winter Springs Police Department. 101) Hurricane Ian Debris Removal Update Mr. Scott Borror, Director, Finance Department introduced the item and showed a presentation summarizing debris removal, noted the City had picked up roughly 23,000 cubic yards of debris, and reviewed the current status. Mr. Borror also CITY COMMISSION MINUTES I PEGULAR MEETING I MONDAY, OCTOBEP 24, 2022 1 PAGE 2 OF 12 114 acknowledged the efforts of Waste Pro and further noted that Public Works Staff would continue pickup through Friday, October 28, 2022 and residents should contact City Hall at (407) 327-1800 if pickup was needed. The Commission commented on the speed of the pickup efforts and thanked Staff and contractors for their diligence throughout the process. Manager Boyle noted the City planned on recognizing Staff that had been working continuously since the storm 102) ADD-ON: COMMISSIONER ELLIOTT REQUESTED DISCUSSION Commissioner Elliott commented on a video that he had seen with a former wastewater employee where serious accusations had been made, noted concerns about people withholding information, noted he would be seeking an independent auditor to look into the accusations made in the video to determine if there is any validity and raised the possibility of issuing subpoenas to the former employee,Jesse Phillips, Ken Greenberg, and other individuals and contractors. Manager Boyle noted that some of the discussed actionswere already underway and that an auditor had been hired and commissioned to do an independent study. Attorney Garganese commented on the subpoena powers of the Commission, noted he didn't think the City was in a position to issue anything this evening and noted it could be scheduled at a later meeting. Manager Boyle then reiterated that an auditor had been retained and encouraged the Commission to let those findings be reported and use them to determine if any investigation was needed. Discussion followed with the Commission in agreement that any ongoing investigations be allowed to run their course and to determine if there is need for further action at that time. INFORMATIONAL AGENDA 200) Notice of General Election -Tuesday, November 8, 2022 No discussion. PUBLIC INPUT Mayor McCann opened Public Input. Ms Barbara Collinsworth, 775 Holiday Lane, Winter Springs noted debris, the historic nature of the storm, drain maintenance, and necessary improvements to make her home livable. CITY COMMISSION MINUTES I PEGULAR MEETING I MONDAY, OCTOBEP 24, 2022 1 PAGE 3 OF 12 115 Ms Anne Moran, 7789 Irwin Court, Winter Springs noted concerns about drainage and shared comments about Gee Creek, a 2077study, and subsidence she had witnessed. Ms Cathy Navarra, 777 Holiday Lane, Win ter Springs spoke about drainage concerns, the FEMA process, and needing help. Ms Mary Dodd, 772 Holiday Lane, Win ter Springs spoke about a pre viousstudyrelated to Gee Creek, a subsequent grant, and a lack of communication from the City. Mr. Marc Jones, Dunmar Estates, Winter Springs - representing Dunmar Estates - noted storm damage, a road washout, shared photographs, and discussed necessary road repairs and permit requirements Mr. Jones asked for a meeting with Staff to provide information and determine next steps Manager Boyle noted meeting previously with the President of Dunmar Estates HOA, comments on a process that needed to be followed, and potential impacts on neighboring communities. Manager Boyle noted he was willing to sit down with representatives and discuss further. Brief discussion followed on fire and EMS access and Mr. Jones noted there was sufficient access. Mr. George Acha, 587 Dunmar Circle, Winter Springs noted meeting with the Manager and Mr. Hursh, spoke about other water concerns Mr. David Florman, 770 East Bahama Road, Winter Springs shared concerns about a variety of levels of government. Ms Joanne Plum, 779 Holiday Lane, Winter Springs spoke about drainage concerns and issues with Gee Creek. Ms Donna Kittell, 508 Osprey Lane, Winter Springs thanked the City for listening to concerns and assisting her neighborhood. Ms Deanna Re,bello, 707 Holiday Lane, Winter Springs asked what the City would do to help her and her neighbors restore their homes, spoke about issues with Gee Creek, and thought nothing had,been done to address issues since 2077 Ms Donna McCarthy, 205 Bitterwood Street, Winter Springs spoke about the financial impacts Mr. David McCleod, 645 Dunmar Circle, Winter Springs shared his experience over the years living in his community, noted a number of water improvements over the OCTOBERCITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, 116 years, flooding, and an emergency request to ,be allowed to repair their private road without a large financial,burden related to permitting. Mr. Howard Parsons, 7049 Chokecherry Court, Winter Springs spoke about flooding on Chokecherry Court, attachments related to the SRFloan, and the possibilityofun- incorporating from the City. Mr.Art Gallo, 799 Nandina Terrace, Win ter Springs spoke in reference to Item 303and the communications ,between Parkstone HOA and the City of Winter Springs included in the minutes Mr. Gallo requested a final communication with Parkstone and asked that any failure to reply,be reported to the State and St.Johns River Water Management District(SJRWMD). Mr. Rubon Trevino, 737 Sailfish Road, Winter Springs spoke about flooding and witnessing issues with Gee Creek. Mayor McCann closed Public Input. Brief discussion about comments at a previous meeting regarding filling in a pond, the difficulty to reconstruct due to the lapsed time, and the potential impacts of surrounding development and the importance of looking at upstream impacts. Manager Boyle showed a presentation and detailed work done by the City to clear occlusions in the creeks, stabilize creek banks, and highlighted the work of City Staff. Continuing, Manager Boyle noted that with a 500-year flood there was nothing the City could do to guarantee that flooding would not occur again. Manager Boyle also noted planned improvements related to roads and pipe redesign. "MOTION TO EXTENDTHE MEETING THROUGH SECOND PUBLIC INPUT." MOTION BY COMMISSIONER HALE. SECONDED BY DEPUTY MAYOR CANNON. DISCUSSION. MOTION PASSED WITH UNANIMOUS CONSENT. Discussion followed on the historic nature of the storm and flooding, previous discussions with SJPWMD, actions taken to reevaluate stormwater design requirements, the need for collaboration with nearby cities, and necessary federal assistance. Further discussion followed on creek maintenance, the more frequent occurrence of high rain and flood events, the need to analyze upstream impacts, the need to work with state agencies such as the Florida Department of Transportation (FDOT), and the issue of water volume. The Commission thanked residents that came to speak and reiterated that they cared and would work to make improvements. CITY COMMISSION MINUTES I PEGULAR MEETING I MONDAY, OCTOBEP 24, 2022 1 PAGE 5 OF 12 117 CONSENT AGENDA 300)State Road 434 Reclaimed Expansion Project No discussion. 301) Lift Station 7W Improvements No discussion. 302) Approval of the Minutes from the Monday, August 22, 2022 City Commission Regular Meeting No discussion. 303) Approval of the Minutes from the Monday, September 26, 2022 City Commission Regular Meeting No discussion. 304)Approval of the Minutes from the Monday, October 10, 2022 City Commission Regular Meeting Deputy Mayor Cannon noted a typographical error under Item 500 that stated "MOTION TO APPROVE..." rather than "MOTION THAT..." "MOTION TO APPROVE CONSENT AGENDA WITH NOTED CHANGE." MOTION BY DEPUTY MAYOR CANNON. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. VOTE: BENTON (AYE); CANNON (AYE); JOHNSON (AYE); HALE (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. PUBLIC HEARINGS AGENDA 400) First Reading of Ordinance No.2022-06:310 Wagner Point Voluntary Annexation of real property owned by the City of Winter Springs "MOTION TO READ BY TITLE ONLY." MOTION BY COMMISSIONER JOHNSON. SECONDED BYCOMMISSIONER HALE. DISCUSSION. MOTION PASSED WITH UNANIMOUS CONSENT. Attorney Garganese read Ordinance 2022-06 by title and briefly reviewed the item. Mr. Matthew Linder, Associate City Planner, Community Development Department reviewed the location of the parcel and noted he was available for questions. CITY COMMISSION MINUTES I PEGULAR MEETING I MONDAY, OCTOBEP 24, 2022 1 PAGE 6 OF 12 118 Attorney Garganese noted annexation was the first step followed by zoning and future land use. 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 ORDINANCE 2022-06." MOTION BY DEPUTY MAYOR CANNON. SECONDED BYCOMMISSIONER HALE. DISCUSSION. VOTE: CANNON (AYE); JOHNSON (AYE); HALE (AYE); ELLIOTT (AYE); BENTON (AYE) MOTION CARRIED 5-0. REGULAR AGENDA 500)State Revolving Fund (SRF) Loan Application for East & West Waste Water Facility replacement engineering. Mr. Borror introduced the item, reviewed previous actions of the Commission, and noted the City had been approved for inclusion on the clean water priority list. In response to a question about related exhibits, Mr. Borror noted that most were documents approved at previous meetings, including resolutions, noted the Clerk had a physical copy of the available attachments and noted that the other outstanding attachments were the resolution before them and an attorney opinion letter that had not yet been issued. Discussion followed on the potential need for a rate increase related to the loan. Manager Boyle noted that he did not think a rate increase would be necessary for the $5.4 million loan and summarized resources available including ARPAfunds, SRF, and fund balance with substantial reserves that could be used to fund needed improvements. Manager Boyle noted that rate studies were underway and the findings would ultimately determine the need for any adjustments. Further discussion on consent orders and their impact on the City's eligibility for state loans. Mr. Scott Richards, 200 East Robinson Street, Orlando, commented that the consent orders put the City at the top of the list for this funding. Further discussion about high quality consultants and Staff, and the impact on taxpayers if the City were not able to get SRF funding. CITY COMMISSION MINUTES I PEGULAR MEETING I MONDAY, OCTOBEP 24, 2022 1 PAGE 7 OF 12 119 Manager Boyle commented that non-subsidized loan rates could result in a potential 20-25% increases to taxpayers and noted instead, with this funding, a rate increase would be single digit, if it is even necessary. Discussion followed on TTHMs, misinformation, and the Consumptive Use Permit (CUP). Mr. Richards reviewed information presented previously to the Commission and noted that when a City cannot stay within the limits of their CUP they have to identify and utilize alternative water sources, such as surface water, deeper wells, or direct potable reuse. In response to further questions from the Commission, Mr. Richards noted that he was not aware of a time when the state or SJPWMD had pulled a municipality's CUP. Mr. Borror reviewed the tentative schedule, noted engineering work was scheduled to be completed in September 2023, certification would be in October 2023, and permits would be sought in November 2023. "MOTION TO APPROVE RESOLUTION 2022-31 STATE REVOLVING FUND (SRF) LOAN AUTHORIZATION." MOTION BY COMMISSIONER JOHNSON. SECONDED BY DEPUTY MAYOR CANNON. DISCUSSION. VOTE:JOHNSON (AYE); HALE (AYE); ELLIOTT (AYE); BENTON (AYE); CANNON (AYE) MOTION CARRIED 5-0. 501) New Business Deputy Mayor Cannon asked about the need for a resolution to be adopted related to portable on-demand storage units (PODs) and roll-off dumpsters and the length of time they are allowed to be on properties. Discussion followed on recovery time from the storm, a resolution related to RVs passed at a previous meeting, and allowing for a six month suspension of Section 6- 87 of the City Code and related permit fees. Attorney Garganese noted that if the Commission wanted to approve a resolution currently, he could draft it for signature, and the Mayor could sign upon completion. Mayor opened Public Input for this Item. No one addressed the Commission. Mayor Closed Public Input for this Item. OCTOBERCITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, 120 "MOTION THAT WE ADOPT A RESOLUTION GRANTING LENIENCY FROM SECTION 6- 87(B) AND THE TIME CONSTRAINTS FOR PODS FOR A PERIOD NOT TO EXCEED SIX (6) MONTHS. HOMES AFFECTED BY HURRICANE IAN WILL BE ABLE TO ALLOW PODS AND SIMILAR ROLL-OFF CONTAINERS/DUMPSTERS FOR STORAGE ON THE PROPERTY FOR A PERIOD NOT TO EXCEED SIX (6) MONTHS AND THE PERMIT REQUIRED WILL BE FREE OF CHARGE." MOTION BY DEPUTY MAYOR CANNON. SECONDED BYCOMMISSIONER HALE. DISCUSSION. VOTE: BENTON (AYE); CANNON (AYE); JOHNSON (AYE); HALE (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. Commissioner Elliott spoke about campaign signs in the right-of-way,the associated burden on the police department, and encouraged everyone to comply with the rules. Discussion followed on potential fines and other processes to prevent repeat offenders. Attorney Garganese noted temporary signs in the right-of-way were prohibited and further noted that repeat offenders could be cited for a code violation and potentially brought before the Code Enforcement Board. Brief discussion followed and the Commission agreed that they could potentially discuss the issue further after the election. Deputy Mayor Cannon shared concerns about curb drain subsidence throughout the City and any plans to identify and address these issues. Manager Boyle noted that thiswas underway and was a requirement under the City's MS4 permit and noted additional requirements to report annually on debris removal from inlets. Manager Boyle explained through this process the City would touch every inlet and restore these as necessary. Further discussion followed on road base failure in the City, fiscal considerations for required repairs, and sources of funding that were available. Manager Boyle noted the City would be accelerating the budget as needed to address issues and commented on pavement seasons that needed to be taken into consideration to ensure the best conditions. REPORTS 600)City Manager Shawn Boyle • Wished his wife a Happy Birthday! CITY COMMISSION MINUTES I PEGULAR MEETING I MONDAY, OCTOBEP 24, 2022 1 PAGE 9 OF 12 121 601)City Attorney Anthony A. Garganese • No report 602)City Clerk Christian Gowan • No report 603) Mayor Kevin McCann • Noted his attendance at the Punning for Heroes Gala, Lotus Center grand opening, and Festival of the Arts; • Noted upcoming events including the Tuscawilla Homeowners Association Halloween Party, basketball court ground-breaking at Torcaso Park, pickleball ground-breaking, Hometown Harvest, Sanford Air Show, and the Election. 604)Seat One Commissioner Matt Benton • Reviewed the mission of Punning for Heroes and noted he was proud to have the organization in Winter Springs 605) Seat Two Commissioner/Deputy Mayor Kevin Cannon • Noted his attendance at the Punning for Heroes Gala and commented that he thought Zechariah Cartledge was the City's best ambassador; • Informed Staff about several areas where residents had landscaping concerns, including in Oak Forest and on Edgemon, and also noted witnessing several spots where sand and debris were near or in culverts. 606)Seat Three Commissioner Ted Johnson • Noted that he had previously mentioned an individual to be considered as Hometown Hero and asked that the Commission consider this nomination. o After brief discussion, the Commission agreed that Mr. Al Haslam and his service dog Bailey would be the 2022 Hometown Hero. 607) Seat Four Commissioner TiAnna Hale • Noted her attendance at the Senior Center Craft Show, Punning for Heroes Gala, and Festival of the Arts; • Noted Hometown Harvest was coming up on October 291h at Central Winds Park; • Noted it had been an honor to serve the City. 608)Seat Five Commissioner Rob Elliott CITY COMMISSION MINUTES I REGULAP MEETING I MONDAY, OCTOBEP 24, 2022 1 PAGE 10 OF 12122 • Warned residents to be aware of unlicensed contractors and noted he had submitted a list to Chief Tracht; • Noted his attendance at the Festival of the Arts, Punning for Heroes Gala, Lotus Center grand opening, and his continued participation in Leadership Seminole; • Noted Hometown Harvest was upcoming at Central Winds Park, he was looking forward to pickleball, and commented on the possibility of bringing a CrossFit competition to Central Winds in the spring. PUBLIC INPUT Mayor McCann opened Public Input. Mr.Art Gallo, 799 Nandina Terrace, Winter Springs asked about FEMA representatives ,being able to visit homes and noted he wanted his neighborhood to,be on the list for FEMA public assistance due to concerns about Howell Creek undercutting the ,bank and,being in need of stabilization. Mr. Talbert Jackson, 244 Holiday Lane, Winter Springs spoke about erosion and sediment control measures and suggested looking into if the creeks had shallowed. Ms Gina Shafer, Winter Springs Village, Winter Springs suggested the 9/77 memorial ,be held at Veterans the Memorial and students,be invited, and that the Art Festival should,be moved to Central Winds Park. Ms Shafer also asked about debris pickup, thanked the Commission for theirservice, and encouraged people to stay involved. Commissioner Johnson briefly addressed comments made by Mr. Parsons on social media. Mayor McCann closed Public Input. ADJOURNMENT Mayor McCann adjourned the meeting at 10:34 PM. RESPECTFUL L Y SUBMI TTED.- CHRISTIAN GOWAN CITY CLERK APPROVED.- CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, OCTOBER123 MAYOR KEVIN McCANN NOTE: These Minutes were approved at the 12022 City Commission Regular Meeting. CITY COMMISSION MINUTES I PEGULAR MEETING I MONDAY, OCTOBEP 24, 2022 1 PAGE 12 OF 12 124