HomeMy WebLinkAbout2023 01 23 City Commission Regular Meeting Minutes CITY COMMISSION
Incorporated REGULAR MEETING MINUTES
1959
MONDAY, JANUARY 23, 2023 AT 6:30 PM
CITY HALL- COMMISSION CHAMBERS
1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA
CALL TO ORDER
Mayor Kevin McCann called the Regular Meeting of Monday,January 23,2023 of the City
Commission to order at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall,
1126 East State Road 434, Winter Springs, Florida 32708).
Roll Call:
Mayor Kevin McCann, present
Deputy Mayor Rob Elliott, present
Commissioner Matt Benton, present
Commissioner Victoria Colangelo, present
Commissioner Ted Johnson, present
Commissioner Cade Resnick, present
City Manager Shawn Boyle, present
City Attorney Anthony A. Garganese, present
City Clerk Christian Gowan, present
Pastor Bob Melhorn led the invocation.The Winter Springs JROTC presented the colors, Ms. Katelyn
Mclnturff sang the Star Spangled Banner and the Mayor then led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
100) Recognition of 2022 Hometown Hero
Mayor McCann and the City Commission recognized Mr. Allan Haslam and K-9 Bailey as the 2022
Hometown Heroes.
Mayor McCann read a Proclamation recognizing Mr. Haslam and Bailey and presented the
Proclamation to Mr. Haslam.
Mr. Haslam shared some remarks and thanked the City for this honor.
101) Recognizing the Retirement of Sergeant Allison Smith
Chief Matt Tracht reviewed Sergeant Allison Smith's career with the City of Winter Springs and
thanked her for her years of dedicated service.
Mayor McCann read a Resolution in honor of Sergeant Smith.
Sergeant Allison Smith then shared remarks and her appreciation for her family and her Winter
Springs Police Department family.
The meeting was recessed at 7:08 p.m. and called back to order at 7:22 p.m.
Mayor McCann asked if there were any changes to be made to the agenda. Commissioner Benton
asked that Item 505 be discussed immediately following Item 500. There was no objection and no
further changes were made.
Commissioner Resnick discussed the length of the agenda and asked for a discussion to take place
at 8:30 p.m. prior to any extension.
INFORMATIONAL AGENDA
200. Not Used
PUBLIC INPUT
Mayor McCann opened Public Input.
Mr. David Florman, 770 E Bahama Road, Winter Springs spoke about gas lighting, the moon, and
concerns with various levels of government.
Ms. Sheila Benton, 474 Cedarwood Court Winter Springs shared concerns about suppression of
people sharing their viewpoints and the importance of public input.
Mr. Geoff Kendrick, 7784 Trotwood Boulevard, Winter Springs shared comments and concerns about
inconsistent on-street parking enforcement.
Mr. Maurice Kaprow, PO Box 795223, Winter Springs spoke about public input opportunities and
spoke in support of awarding the Key to the City to former Commissioner Kevin Cannon.
Mr. Bob Miller, 679 Silver Creek Drive, Winter Springs thanked the Commissioners for attending the
Highland Games the past weekend and spoke about a community petition to close Shore Road and
replace it with a park and pond.
Mr. Ken Greenberg 7635 White Dove Drive, Winter Springs spoke about previous comments he made
suggesting something be named in honor of Arnie Nussbaum, thought the length of the meetings
warranted looking at revising the start time of meetings earlier, and thought criteria should be
developed for the Key to the City.
Mr. Charles Cintron, 7795 Trotwood Boulevard, Winter Springs spoke about on-street parking
regulations, enforcement, and speeding concerns.
Mr. Kevin Cannon, PO Box 795447, Winter Springs spoke about provisions in the Florida Constitution
related to the citizen's declaration of rights, open meetings, and consideration of the rules of the City
Commission.
Mayor McCann closed Public Input.
CONSENT AGENDA
300) Resolution No. 2023-05 Extending the Declaration of Local Emergency related to
Ongoing Hurricane Ian Recovery
No discussion
301) Review and Approval of Roadway & Drainage Expenditures Approved by the City
Manager as Authorized by the City's Emergency Orders Related to Hurricane Ian
No discussion
302) Approval of the Minutes from the Monday, October 3, 2022 City Commission Special
Meeting
No discussion
303) Approval of the Minutes from the Monday, December 12, 2022 City Commission
Regular Meeting
No discussion
304) Approval of the Minutes from the Monday, January 9, 2023 City Commission Special
Meeting
No discussion
"MOTION TO APPROVE THE CONSENT AGENDA." MOTION BY COMMISSIONER RESNICK.
SECONDED BY COMMISSIONER JOHNSON. DISCUSSION.
VOTE: BENTON (AYE); COLANGELO (AYE);JOHNSON (AYE); RESNICK(AYE); ELLIOTT (AYE)
MOTION CARRIED 5-0.
PUBLIC HEARINGS AGENDA
400) Second Reading and Adoption of Ordinance 2022-11 amending Chapter 20, Zoning, to
regulate self-service storage facilities and allow them as a conditional use in certain
zoning districts,provide clarification on the intent of the C-3 Hwy 17-92 zoning district,
and provide for additional regulations related to the design and operation of self-
service storage facilities.
Attorney Garganese read Ordinance 2022-11 by title, reviewed the previous postponement to preserve
advertising, and noted the version presented was previously approved for first reading and included
recommendations made by the Planning and Zoning Board.
Discussion followed on residence for security personnel on property and the possibility of removing
the provision from the Ordinance
Mayor McCann opened Public Input for Item 400.
No one addressed the Commission.
Mayor McCann closed Public Input for Item 400.
"MOTION TO AMEND ORDINANCE 2022-11 TO REMOVE SECTION 9 ON PAGE 8 OF 9 WHICH
ALLOWS A DWELLING UNITAND RETAIN THE REMAINDER OF THE ORDINANCE IN ITS ENTIRETY."
MOTION BY DEPUTY MAYOR ELLIOTT. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION.
VOTE: BENTON (AYE); COLANGELO (NAY);JOHNSON (AYE); RESNICK(AYE); ELLIOTT (AYE)
MOTION CARRIED 4-1.
REGULAR AGENDA
❖❖ AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED IN THE ORDER
DOCUMENTED. ❖❖
500) Consideration of Presenting Kevin Cannon with a Key to the City
Commissioner Johnson noted he had brought up the discussion previously, reviewed what he
thought were former Commissioner Cannon's qualifications, and noted they were attached to the
agenda.
Discussion followed on criteria for awarding the Key to the City,concerns about awarding the key,and
previous discussions in 2015 to develop criteria.The Commission agreed that criteria could be looked
at for a future meeting.
Attorney Garganese noted it was the Commission's prerogative to determine any criteria.
"I MAKE A MOTION THAT WE AWARD THE KEY TO THE CITY TO COMMISSIOENR [KEVIN]
CANNON." MOTION BY TED JOHNSON.SECONDED BY MATT BENTON. DISCUSSION.
VOTE: BENTON (AYE); COLANGELO (NAY);JOHNSON (AYE); RESNICK(AYE); ELLIOTT (AYE)
MOTION CARRIED 4-1.
505) Discussion on Chapter 2,Article II,Sections 2-27;2-28; and 2-29,City Code - Rules and
Procedures of the City Commission
Commissioner Resnick discussed communications with developers and vendors, thought questions
were being asked on the dais that could be asked of Staff, noted the potential need for a training,
length of meetings in neighboring communities, and reviewed previous changes over time to the
rules related to start and stop time and public input opportunities.
Mayor McCann asked that one issue at a time be addressed and Commissioner Resnick asked that
meeting time be addressed first and noted that when the start time for meetings was changed to
6:30 p.m.,there was no related change to the 8:30 p.m.stop time.
Commissioner Benton noted he agreed with the removal of the stop time and Section 2-27(L) in its
entirety, spoke about the requirement for meetings in the sunshine, previous meetings that went to
lam or longer.
"MOTION TO EXTEND THE MEETING THROUGH SECOND PUBLIC INPUT." MOTION BY DEPUTY
MAYOR ELLIOTT. SECONDED BY COMMISSIONER BENTON. DISCUSSION.
VOTE: BENTON (AYE);COLANGELO (NAY);JOHNSON (AYE); RESNICK (NAY); ELLIOTT(AYE)
MOTION CARRIED 3-2.
Attorney Garganese noted that the vote margin of the motion to extend required the Commission
revisit the matter at 10 p.m. and noted a supermajority requirement to extend beyond 10 p.m.
"I MAKE A MOTION TO AMEND ORDINANCE 2016-09 SECTION 2-27 (L)TO REMOVE THIS SECTION
FROM THE ORDINANCE." MOTION BY COMMISSIONER BENTON. MOTION DIED FOR LACK OF A
SECOND.
Discussion followed on Section 2-27(L), City Code, resident's ability to participate in late meetings,the
amount of work to get done and concerns about slowing down the City's progress,the removal of the
8:30 p.m. initial stop time and potential change to the hard stop, the potential need for more
meetings,start time of meetings, and limitations on discussion currently in the rules.
Further discussion followed on changes in access to the meetings, future discussions about
livestreaming, training on Sunshine Laws, Staff time, and data available about who is listening and if
and when people drop off from the audio stream.
"I MAKE A MOTION TO AMEND ORDINANCE 2016-09 SECTION 2-27 (L)TO REMOVE THIS SECTION
FROM THE ORDINANCE." MOTION BY COMMISSIONER BENTON. SECONDED BY COMMISSIONER
JOHNSON. DISCUSSION.
VOTE: BENTON (AYE):COLANGELO (NAY);JOHNSON (AYE); RESNICK(NAY); ELLIOTT (AYE)
MOTION CARRIED 3-2.
Mayor McCann next asked that the issue of ex-parte communications be discussed.
Attorney Garganese opined about potential impacts of ex-parte communications on quasi-judicial
decisions, noted the ability for Commissioners to arrange meetings with Staff through the City
Manager, and requirements to disclose inadvertent ex-parte communications at meetings where
matters are being discussed.
Attorney Garganese then reviewed the ex-parte communication rules in Section 20-30 (11), City Code
related to reasonable expectations, designated time frames, and further reviewed requirements
related to disclosure of ex-parte communications.
Discussion about agenda and time management,further rule changes to be discussed,the possibility
of a workshop, and providing the City Manager with further specifics as to what should be discussed
at a future meeting.
Brief discussion followed on when further rule changes could be addressed and when an ordinance
could come before the Commission.
Mayor McCann asked that Item 502 be discussed next.There were no objections.
502) Design and Performance of Stormwater Management Systems - Part 2 Briefing
Mr. David Hamstra, Pegasus Engineering presented Part 2 of a planned 3-part stormwater design and
performance presentation. Mr. Hamstra discussed vacant developable parcels in the City and noted
they were all located north of State Road 434,flooding that occurred south of 434, land and soil types,
runoff potential, the extraordinary conditions associated with Hurricane Ian, antecedent moisture
conditions,the fact that Hurricane Ian was between a five hundred and one thousand year flood event
experienced in Winter Springs, and flood-affected areas based on reports received.
Discussion followed on average rainfall in September versus actual rainfall, infrastructure
improvements, studies related to the receding of floodwater, open and closed basins, pumping of
water, and consideration of neighboring communities being addressed in the next presentation.
Mr. Hamstra noted work being done in Orange County related to regional stormwater standards and
said that this could be shared with the Commission.
Brief discussion on the conditions of creeks within the City. Manager Boyle noted that work had
recently been completed to document the condition of creeks and that video could be shared if time
permitted.
Further discussion about soil types,drainage, and open versus closed basins.
Mr. Hamstra then noted a recent meeting attended with the Seminole County Mitigation Group,
consideration of projects for funding and a favorable response for Winter Springs. Mr. Hamstra noted
an Elevation and Acquisition Program administered by FEMA. Manager Boyle reviewed associated
financial requirements and the need for specific homeowners to come forward if theywere interested.
Discussion followed on a potential workshop to share information about the program with residents
and allow them to express their interest and make a soft commitment. Manager Boyle noted Staff
would work to set a date for a workshop and advertise appropriately.
Brief discussion on the difference between the FEMA public assistance program and the hazard
mitigation program, the County's role in the process, and other available funding for recovery and
mitigation projects.
"I MAKE A MOTION TO EXTEND THE MEETING PAST 10P.M. THROUGH FINAL PUBLIC INPUT."
MOTION BY DEPUTY MAYOR ELLIOTT. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION.
Commissioner Resnick asked if an amendment could be considered to extend the meeting through
the current item. The amendment was not agreed to.
VOTE: BENTON (AYE);COLANGELO (NAY);JOHNSON (AYE); RESNICK (NAY); ELLIOTT (AYE)
MOTION FAILED 3-2.
ADJOURNMENT
Mayor McCann adjourned the meeting at 10:00 PM.
❖❖ AGENDA NOTE: THE FOLLOWING AGENDA ITEMS AND REPORTS WERE NOT DISCUSSED
DURING THIS MEETING. ❖❖
501) Extension of Permitting Fee Waivers Related to Hurricane Ian
503) Appointment of City Chaplain for 2023
504) Appointment Opportunities for City Boards and Committees
506) New Business
REPORTS
600) City Manager Shawn Boyle
601) City Attorney Anthony A. Garganese
602)City Clerk Christian Gowan
603) Seat Four Commissioner Cade Resnick
604) Seat Five Commissioner/Deputy Mayor Rob Elliott
605) Mayor Kevin McCann
606) Seat One Commissioner Matt Benton
607) Seat Two Commissioner Victoria Colangelo
608) Seat Three Commissioner Ted Johnson
PUBLIC INPUT
RESPEC FU Y SUBMI7T D:
CH TIAN D. GOWAN, MPA
CITY CLERK `�� ,¢ �••'%O
EA w
APPROVED: 'Q r
MAYOR KEVIN McCANN
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NOTE: These Minutes were approved at the rt /-3 2023 City Commission Regular Meeting.
CITY COMMISSION MINUTES I REGULAP MEETING I . .